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HomeMy WebLinkAbout03-25-91 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, March 25, 1991 - Council Chambers, Municipal Building Meeting No. 91-06 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:02 P.M. by Acting Mayor Zappa. _ B. PLEDGE OF ALLEGIANCE C. ROLL CALL Gary W. Bastian, Mayor Absent Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Acting Mayor Present D. APPROVAL OF MINUTES: 1. Councilmember Rossbach moved to approve the minutes of Council/Manager Meeting (March 11. 1991) as presented. Seconded by Councilmember Carlson Ayes - all 2. Councilmember Rossbach moved to approve the minutes of Meeting No. 91-05 (March 11 1991) as presented. Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker, Rossbach Abstain-Acting Mayor Zappa E. APPROVAL OF AGENDA: Acting Mayor Zappa moved to approve the Agenda as amended: 1. L.R.T. 2. Maple Leaves 3. Handicapped Accessible Counter Space 4. Fina Gas Station 5. Construction near St. Paul Ski Jump 6. J-6 Easement Resolution J-7 Official Notice - Council Staff Workshop Seconded by Councilmember Rossbach Ayes - all 1 3-25-91 F. CONSENT AGENDA Acting Mayor Zappa moved. seconded by Councilmember Carlson: Aves - all to approve the Consent Aoenda Items F-1. F-2 and F-3 as recommended: 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 355,173.34 Checks #12012 - #12063 Dated 03-01-91 thru 03-12-91 $ 117.816.97 Checks #12551 - #12663 Dated 03-25-91 $ 472,990.31 Total per attached voucher/check register PAYROLL: $ 191,163.17 Payroll Checks dated 03-15-91 $ 37.566.22 Payroll Deductions $ 228,729.39 Total Payroll $ 701,719.70 GRAND TOTAL 2. Applications for Cancellation of Ambulance Bi11s Authorized cancellation of ambulance bills (less Medicare payments) for two Maplewood residents because of hardship situations. 3. Preliminary Plat Time Extension: Hillwood Oaks Number One Approved a one-year time extension for the Hillwood Oaks Number One preliminary plat, subject to the March 27, 1989 conditions of approval. G. PUBLIC HEARINGS 1, 7:00 P.M., Public Hearing: County Road B East of Rice, Project 89-05 (4 Votes Required) a. Manager Mc6uire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. City Attorney Kelly explained the procedure for public hearings. d. Acting Mayor Zappa opened the public hearing, calling for proponents or opponents. None were heard. e. Acting Mayor Zappa closed the public hearing. f. Councilmember Juker introduced the following Resolutions and moved their adoption: 91-03-37 RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, after due notice of public hearing on the construction of bituminous street with concrete curb and gutter on County Road B-Rice Street to 1200 feet East, City Project 89-05, a hearing on said improvement in 2 3-25-91 accordance with the notice duly given was duly held on Monday, February 25, 1991, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, - MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct bituminous street with concrete curb and gutter on County Road B-Rice Street to 1200 feet East, City Project 89-05, as described in the notice of hearing thereof, and orders the same to be made. 2. The Mayor is hereby authorized to execute a cooperative agreement with Ramsey County for the making of said improvement. 3. The project budget is amended to $7,500. The project financing shall be as follows: 100% special assessment. 91 - 03 - 37A RESOLUTION REQUESTING RAMSEY COUNTY TO RESTRICT PARKING ALONG A PORTION OF COUNTY ROAD B WHEREAS, the County has planned the improvement of County Road B (CSAH 25) from Dale Street to 1250 feet East of Rice Street; and WHEREAS, the County will be expending County State Aid Highway funds (S.A.P. 62-625-19) on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum standards as previously adopted for such County State Aid streets and that approval of the proposed construction as a County State Aid street project must, therefore, be conditioned upon certain parking restrictions; and. WHEREAS, the extent of these restrictions, that would be a necessary prerequisite to the approval of this construction as a County State Aid project in the City, has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City requests the County to restrict the parking of motor vehicles on the south side of County Road B from Rice Street to 1250 feet East of Rice Street. Seconded by Councilmember Carlson Ayes - all L. COUNCIL PRESENTATIONS 1. L.R.T. a. Councilmember Rossbach reported on the progress of the proposed L.R.T. and its proposed route. 3 3-25-91 b. Councilmember Rossbach moved to request Staff to investigate how the Citv can be affected by the proposed L.R.T. and what can be done to ensure that Maplewood is not adversely affected. and specified 3 particular areas of concern: 1 Lgrade crossings. possible cut through from Highway 61. and 3 Leath for shuttle to the mall. Seconded by Acting Mayor Zappa Ayes - all 2. Maple Leaves a. Councilmember Rossbach reported he has heard from the person proposing to construct the large Maple leaves for the Council Chambers. The approximate cost is $550.00. b. Councilmember Rossbach moved to place this item on the April 8. 1991 agenda. Seconded by Councilmember Juker Ayes - all G. PUBLIC HEARINGS 2. 7:15 P.M., Plan Amendment: Lakewood Drive and Maryland Avenue (4 Votes) a. Manager McGuire presented the. staff report. b. Director of Community Development Olson presented the specifics of the report. c. Commissioner Brian Sinn presenting the Planning Commission report. d. Mr. Richard Schreier, developer, spoke on behalf of the proposal. Mr. Richard Sagstetter, developer, also spoke on behalf of the proposal. Mr. Richard Webb, representing the developers, also spoke. e. Acting Mayor Zappa called for proponents or opponents. The following persons were heard: Gary Pearson, Beaver Lake Estates Frances Dreavwes, 1060 Lakewood Drive (against rezoning the 30 acres -not high density on his. Ernest Dreavwes, 1070 Lakewood Drive Leon Axman, 2510 E. Geranium Robert Osborne, 2515 Geranium presented a petition in opposition Mike Doehling, 1115 Sterling Rita Murray, 2531 Geranium Tim Kennedy, 1134 Glendon Diane Demma, 2537 Geranium f. Acting Mayor Zappa closed the public hearing. g. Acting Mayor Zappa moved to table this request and the change to 1060-1070 Lakewood Drive until someone applies for Design Review Board approval of a specific pro.iect. Seconded by Councilmember Carlson Ayes - Councilmember Carlson, Acting Mayor Zappa Nays - Councilmembers Juker, Rossbach,: Motion Failed 4 3-25-91 h. Councilmember Juker moved to table for 2 weeks until there is a full Council. Seconded by Councilmember Rossbach Ayes - all i. Councilmember Rossbach moved to issue a proclamation that Council is receptive tg senior housing in this area and would hone that the development is pursued. Seconded by Councilmember Carlson Ayes - all 3. 8:00 P.M., Code Change: Mining or Construction Material Recycling Ordinance (2nd Reading - 4 Votes) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Commissioner Brian Sinn presented the Planning Commission Report. d. Acting Mayor Zappa opened the public hearing, calling for proponents or opponents. The following persons were heard: Mike Garrity, 1221 E. County Road D e.' Acting Mayor Zappa closed the public hearing. f. Acting Mayor Zappa moved to table for 2 weeks and include the following language: 1. Any conditional use permit for such a project shall identify all site line points for which the activity shall be 100% screened, including stockpiles of unreclaimed and reclaimed products. 2. For any recycling operations on all industries operating for personal profits, a tonnage tax or similar fee shall be assessed by the City and used for environmental improvements within a one-mile radius of the project. Seconded by Councilmember Carlson Ayes - all 4. 8:35 P.M., Conditional Use Permit: Highway 61 (Frattalone) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Commissioner Brian Sinn presented the Planning Commission Report. d. Mr. Frank Frattalone, the applicant, spoke on behalf of his request. e. Acting Mayor Zappa opened the public hearing, calling for proponents or opponents. The following persons were heard: 5 3-25-g1 Talmadge Carey, 1174 E. Co. Rd. B Mrs. Richard Barrett, 1176 E. Co. Rd. B Louis Galland, 2994 Carey Heights Drive Chris Galland, 2994 Carey Heights Drive Rick Pearson, 2990 Carey Heights Drive Mike Cleveland, 2989 Carey Heights Drive Joe Prokosch, 1272 E. County Road D Patrick O'Brien, 2961 Edward Street Mr. Garrity, 1227 County Road D Doyle Briggs, Guldens, 2999 Maplewood Drive Mike Garrity, 1221 E. County Road D Emmett Donall, owner of property south of the parcel Andrea Vento, 2998 Frank Laura Rodewald, 2999 Carey Heights Drive Mrs. Deana Vance-Bryan, 2988 frank Street, speaking on behalf of herself and her husband, Colin Vance-Bryan, and neighbors John Berthieume and JoAnn Votel Berthieume, 3957 Frank Street Kim Mesch, 2993 Carey Heights Drive Tom McGraw, 2987 Frank Street Bill Rostol, 1211 Frank Court Mr. Barrett, 1176 E. County Road D f. Acting Mayor Zappa closed the public hearing. g. Councilmember Rossbach moved to denv the request of Mr. Frattalone for a conditional use permit to conduct a mining recycling operation. Seconded by Acting Mayor Zappa Ayes - all h. Councilmember Rossbach moved to issue a proclamation that Council is receptive to senior housing in this area and would hope that the development is pursued.: Seconded by Councilmember Carlson Ayes - all Acting Mayor Zappa recessed the meeting. Acting Mayor Zappa reconvened the meeting at 10:05 P.M. 5. 9:00 P.M., Code Change: R-1S District (2nd Reading - 4 Votes) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Acting Mayor Zappa opened the public hearing, calling for proponents or opponents. None were heard. d. Acting Mayor Zappa closed the public hearing. e. Councilmember Rossbach moved to table until the April 8. 1991 meeting. Seconded by Councilmember Carlson Ayes - all 6 3-25-91 H. AWARD OF BIDS 1. Market Analysis for Proposed Community Center a. Manager McGuire presented the staff report. b. Assistant Manager Maglich presented the specifics of the report. c. Rebecca Yanisch, Springsted, spoke on behalf of their proposal. d. Jim Mahle, Chairman of the Community Center Advisory Group, spoke on behalf of the proposal and to encourage the Council to pursue the market analysis. _ e. Lori Tauer and Kathy Tollefson presented a petition signed by 40 residents asking the Council to approve Springsted. f. Councilmember Rossbach moved to award the bid to Springsted. Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Rossbach Nays - Councilmember Juker, Acting Mayor Zappa Motion Failed g. Councilmember Juker moved to table this item until the April 8 1991 meeting Seconded by Acting Mayor Zappa Ayes - all I. UNFINISHED BUSINESS 1. Highwood Meadows Plat: Easement Vacation Preliminary Plat Zoning Map Change (4 Votes) a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved to approve the preliminarv plat subiect to the following conditions: 1. The City signing construction contracts for Sterling Street from Hillwood Drive to Valley View Avenue and for Schaller Drive from Sterling Street to Lakewood Drive. 2. Complete a signed developer's agreement, with required surety, for all required public improvements, erosion control and tree planting. This agreement shall include: a. The placement of temporary fencing and signs during construction around woodlots that the developer will save. b. The installation of street lights in six locations, primarily at street intersections. The exact location and type of lights shall be subject to the City Engineer's approval. 7 3-25-91 c. The installation of no-parking signs along the west side of Sterling Street from Highwood Avenue to the north end of the plat. d. The construction of an eight-foot-wide walkway and fencing between Lots 32 and 33, Block 3, if the City decides to buy Outlots E, f or G. 3. Make the following changes to the plat: - a) Add a 30-foot-wide drainage and utility easement along the west property line of Lot 10, Block 7. b) Add four (4) 20-foot-wide drainage and utility easements in the following locations: (1) between Lots 8 and 9, Block 2 (2) between Lots 14 and 15, Block 3 (3) between Lots 7 and 8, Block 6 (4) between Lots 1 - 4 and 8 - 10, Block 7 c) Dedicate atwenty-foot-wide walkway between Lots 32 and 33, Block 3, if the City decides to acquire Outlots E, For G. d) Drop the easement between Lots 1 and 2, Block 6. 4. Grant to the City two temporary 100-foot-diameter cul-de-sac bulb easements for Valley View Avenue and Crestview Drive. 5. Submit final grading, utility, drainage, erosion control and street plans to the City Engineer for approval. The erosion control plan shall address the recommendations of the Soil Conservation District and the Ramsey-Washington Watershed District. The grading plan shall include proposed building pad. elevation and contour information for each home site. It shall also include contour information for the areas that street construction will disturb. The grading plan shall illustrate housing styles which minimize grading on sides that have trees that the developer will save. The grading plan shall show the depth and location of the Williams Brothers pipeline. The City Engineer may approve deviations from the approved grading plan, .provided the changes follow the intent of the overall grading plan. 6. Provide a tree planting plan for the plat. This plan shall show the location of trees that the developer will plant. All trees that the developer will plant shall be at least 2 and 1/2 inches in diameter. 7. Revise the plat to provide a 60-foot-wide street right-of-way from Schaller Drive to Outlot A of Valleyview Estates. The plans for this change shall be subject to the approval of the Director of Community Development. 8 3-25-91 8. Submit recordable deed restrictions to the City along with the recording fees. These deed restrictions are to prohibit the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. (This affects Lot 1, Block 4 and Lots 1-7, Block 5.) The developer shall also notify the purchasers of the pipeline location. 9. Change six of the proposed lot lines so they are perpendicular to the street centerline or radial to the center of the cul-de- sacs. 10. Change the names of Birdsong Lane and Crestview Lane to Crestview Drive. 11. Change the names of Wildflower Court and Wildflower Lane to Matterhorn Drive. Seconded by Councilmember Carlson Ayes - all c. Acting Mayor Zappa introduced the following Resolution and moved its adoption• 91-03-38 VACATION RESOLUTION WHEREAS, James Kayser applied for the vacation of the following- described drainage easement: That easement located in the east one-half of the SE 1/4 of the NW 14 of Section 28, Township 28, Range 22, lying east of the west line of the east one-half of the SE 1/4 of the NW 14 of said section. WHEREAS, the history of this vacation is as follows: 1. A majority of the property owners abutting this drainage easement are in favor of this vacation; 2. The Planning Commission discussed this vacation on February 4, 1991. They recommended that the City Council approve this vacation. 3. The City Council held a public hearing on February 25, 1991. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described vacation for the following reasons: 1. It is in the public interest 2. The developer has dedicated a new easement to replace the previous one. Seconded by Councilmember Rossbach Ayes - all 9 3-25-91 d. Acting Mayor Zappa introduced the following Resolution and moved its aooroval• 91-03-39 REZONING RESOLUTION WHEREAS, the City of Maplewood applied for a rezoning from F (farm residence) to R-1 (single-dwelling residential). WHEREAS, this rezoning applies to the property located at 2475 Highwood Avenue and the area north of Highwood Avenue, east of the Jefferson 5th Addition, west of Sterling Street. The property identification numbers are 13-28-22-24-0006 and the southwest part of 13-28-22-12-0008. WHEREAS, the history of this rezoning is as follows: 1. The Planning Commission reviewed this rezoning on February 4, 1991. They recommended that the City Council approve the rezoning. 2. The City Council held a public hearing on February 25, 1991. City staff published a notice in the Maplewood Review and sent notices to the .surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- . described rezoning for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning codes 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood., and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded, 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The R-1 zoning is consistent with the City's land use plan. Seconded by Councilmember Juker Ayes - all Councilmember Juker moved to waive the Rules of Procedure and to extend the meeting until the end of the Agenda. Seconded by Acting Mayor Zappa Ayes - all 10 3-25-91 2. Preservation: Open Space a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved to table this item until the Aoril 22. 1991 meetinq_ Seconded by Acting Mayor Zappa Ayes - all J. NEW BUSINESS 1. Conditional Use Permit Renewal: 1285 Cope Avenue (Englewood Shops) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Acting Mayor Zappa asked if anyone wished to speak before the Council regarding this matter. The following was heard: Mrs. Gerke commented on the conditions of the Englewood Shops - lights, canopy, etc. - and expressed the neighbors concerns. d. Councilmember Juker moved to renew the Englewood Shops Conditional Use Permit for six (6) months based on the procedures in City Code. Seconded by Acting Mayor Zappa Ayes - all 2. Schedule Assessment Hearing - City Wide Watermain Project 90-07 a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Acting Mayor Zappa introduced the following Resolutions and moved their adootion• 91-03-40 RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of City-Wide Water Main Extensions and Miscellaneous Improvements, City Project 90-07, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 22nd day of April, 1991, at the City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 11 3-25-91 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. 91-03-41 RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the City Clerk and City Engineer will receive bids for the improvement of City-Wide Water Main Extensions and Miscellaneous Improvements, City Project 90-07 on April 5, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. _ FURTHER, the Clerk shall, upon completion of such proposed assessment, notify the Council thereof. Seconded by Councilmember Carlson Ayes - all 3. Larpenteur and McKnight Signals a. Manager McGuire presented the staff report. b. Acting Mayor Zappa moved to authorize execution of Cooperative Agreement No 91004 with Ramsev Countv for installation of signal lights at McKnight and Larpenteur. - Seconded by Councilmember Carlson Ayes - all 4. Fire Department Audit Report a, Manager McGuire presented the staff report. b. Councilmember Carlson moved a special meeting be held at 6:30 P.M. on Mondav. April 8. 1991 to review the Fire Department Audit Report. Seconded by Councilmember Rossbach Ayes - all 5. (After L COUNCIL PRESENTATIONS - 7) 6. Easement Vacation Correction Resolution a. Manager McGuire presented the staff report. 12 3-25-91 b. Acting Mayor Zappa introduced the followin4 Resolution and moved its approval: 91-03-42 RESOLUTION CORRECTING EASEMENT VACATION WHEREAS, the Maplewood City Council, on November 16, 1978, moved the adoption of Resolution 78-11-216 whereby the street right-of-way of Fifth Street abutting Lot 17, Block 1 and Lot 1, Block 17, Minty Acres and Lot 1, Block 2, Carlton Park was vacated subject to the City retaining a utility easement covering the entire vacated street, and WHEREAS, the Maplewood City Council, on October 15, 1981, moved the adoption of Resolution 81-10-208 whereby the utility easement in vacated Fifth Street between Carlton Avenue and Ferndale Street was vacated subject to the retention of a permanent easement over, under, through, and across the following described lands: The south 30 feet of Lot 17, Block 1, Minty Acres, and the north 5 feet of the west 80 feet of Lot 1, Block 2, Minty Acres, together with the north 15 feet as accrued of Lot 1, Block 2, Carlton Park, and WHEREAS, an error was apparently made in the legal description of the easement in Lot 17, Block 1 and Lot 1, Block 2, Minty Acres whereby the easements should have been located in the accrued vacated street rather than the lots. NOW, THEREFORE, THE CITY COUNCIL OF MAPLEWOOD hereby amends and corrects the utility easements as follows: The south 30 feet of the north 1/2 of vacated Fifth Street abutting and accruing to Lot 17, Block 1, Minty Acres and the north 5 feet of the west 80 feet of the south 1/2 of vacated Fifth Street abutting and accruing to Lot 1, Block 2, Minty Acres, together with the north 15 feet as accrued of Lot 1, Block 2, Carlton Park Addition. Seconded by Councilmember Rossbach Ayes - all 7. Council Staff Workshop a. Manager McGuire presented the staff report. b. Acting Mayor Zappa moved that the Council/Staff Workshop be held April 11 and 12 at Riverwood Inn, Monticello. MN. Seconded by Councilmember Carlson Ayes - all K. VISITOR PRESENTATIONS None L. COUNCIL PRESENTATIONS 1. and 2. preceded G-2, Plan Amendment Public Hearing. 3. Handicapped Counter Councilmember Juker withdrew this item. 13 3-25-91 4. Fina Station a. Councilmember Zappa questioned if the Fina Lube Station opened before the access road was completed. b. Staff stated they will investigate. 5. Construction Near Ski Jump Site a. Acting Mayor Zappa stated the developers of Highwood Estates did not follow procedures. b. Acting Mayor Zappa moved to invite developers to appear before Council. Seconded by Councilmember Rossbach Ayes - all J. NEW BUSINESS Acting Mayor Zappa moved to convene into closed attornev/client session at 10:53 P.M. to hear the attorney's opinion regarding the Land Acouisition Agreement. Seconded by Councilmember Carlson Ayes - all Reconvened at 11:08 P.M. 5o Land Acquisition Agreement a. Acting Mayor Zappa moved to authorize staff to proceed with the proposal as presented by the Attorney . Seconded by Councilmember Carlson Ayes - all N. ADJOURNMENT 11:09 P.M. Lucille E. Aurelius City Clerk 14 3-25-91