HomeMy WebLinkAbout07-25-1994 MINUTES OF MAPLEWOOD CITY COUNCIL.
7:00 P.M., Monday, July 25, 1994
Council Chambers, Municipal Building
Meeting No. 94-15
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 7:00 P.M. by Mayor Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Marvin C. Koppen, Councilmember Present
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES
1. Minutes of Council/Manager Workshop of July 5, 1994
Councilmember Rossbach moved to aaorove the minutes of Council/Manaaer
Workshoa of Julv 5 1994 as presented.
Seconded by Councilmember Allenspach Ayes - all
2. Minutes of Council/Manager Workshop of Juty 7, 1994
Mayor Bastian moved to approve the minutes of Council/Manager Workshop of
July 7. 1994 as presented.
Seconded by Councilmember Rossbach Ayes - all
3
3. Minutes of Meeting 94-14, (July 11, 1994)
Councilmember Rossbach moved to approve the minutes of Meeting No. 94-14
jJuly 11. 19941 as presented.
Seconded by Councilmember Carlson Ayes - all
E. APPROVAL OF AGENDA
Mayor Bastian moved to approve the Agenda as amended.
L-1 Soccer Tournament
L-2 Proposal for Park and Recreation Fee Study
L-3 Maplewood Heights
L-4 Northwood Village Revisited
L-5 Mayor's Update
M-2 Council/Manager Meeting Date
Seconded by Councilmember Rossbach Ayes - all
EA. PRESENTATIONS
F. CONSENT AGENDA
Councilmember Rossbach moved seconded by Councilmember Koppen aves - .all, to
approve the Consent Agenda items F-1 thru F-7 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 687,865.90 Checks #2757 - #2811
` Dated 7-01-94 thru 7-13-94
$ 414.222.03 Checks #14201- #14339
Dated 7-25-94
$1,102,087.93 Total per attached voucher/check
register
PAYROLL: $ 229,052.06 Payroll Checks #41455 thru #41661
Dated 7-15-94
$ 48.512.29 Payroll Deduction Checks #41666 thru
#41681 dated 7-15-94
$ 277,564.35 Total Payroll
$1.379.652.28 GRAND TOTAL
p 7-25-94
2. Donations to Nature Center
Accepted, with thanks, the donations of $6.00 from Girl Scout Troop 479 and
$10.46 from various visitors, to be used for program supplies (101-604-000-
4120); and a $200.00 donation from Mrs. Robert Nyberg and daughter Cindy
Schreiber in memorial funds to be used to purchase a sundial to be placed in
the wildflower garden.
3. Conditional Use Permit Review: 586 Carlton Street (Kinderberry Hitl Day Care)
Approved renewal of Conditional Use Permit for 586 Carlton Street. The
Conditional Use Permit will not be reviewed again unless a problem develops.
4. Financing for Projects 93-08 and 93-14
93-08: Sterling Street/Valley View to Linwood
Approved a budget with financing as follows:
Special assessment $ 850,043
Municipal state aid 423.127
Total financing $1,273,170
93-14: Searle Street Storm Sewer
Approved a budget with financing as follows:
Special assessment $15,063
Property taxes 33.397
Total financing $49,000
5. Financing for Project 94-06, East Shore Drive Storm Sewer
Approved a financing plan as follows:
Special assessments $ 9,450
Property taxes 31.150
Total financing $40,600
6. VEM Budget Adjustment - Hydraulic Lift Cleanup Costs
Approved the purchase of a new truck hoist for the mechanic's shop with a
budget transfer for $5,600 to be made from the VEM fund to the VEM operating
budget so that payments can be made.
7. Salaries for Selected Community Center Positions
Approved salaries for selected Community Center positions as presented in
agenda report dated July 19, 1994.
3 7-25-94
G. PUBLIC HEARINGS
• 1. -1:00 P.M. (7:10 P.M.): Maplewood Assisted Care Living Facility:
a. Mayor Bastian convened the meeting for a public hearing regarding a
proposal from VOA (Volunteers of America) Care Centers of Minnesota to
build a 62-unit assisted care facility north of the Cope Avenue right-
of-way and east of White Bear Avenue.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Fischer presented the Housing and Redevelopment Authority
report.
e. Commissioner Anitzberger presented the Planning Commission Report.
f. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Chuck Gould, President of Volunteers of America
Dennis Boggio, Lantz-Boggio Architects
Jerome Ridder, Attorney representing Mr. & Mrs. Dalsness
John Glasow, 2271 Craig Place
g. Mayor Bastian closed the public hearing.
Alley Yacation
h. Councilmember Rossbach introduced the following Resolution and moved it
adootion•
94-07-80
ALLEY VACATION RESOLUTION
WHEREAS, the Volunteers of America (VOA) is requesting that the City vacate the
following described alley:
All the alley between Lots 1-12 and Lots 18-27 in Block 9, Dearborn Park
between the vacated Hazel Street and the east line of the right-of-way for
White Bear Avenue.
WHEREAS, the history of this vacation is as follows:
1. A majority of the property owners abutting this alley signed a petition
for this vacation;
2. On June 20, 1994, the Planning Commission .recommended that the City
Council approve this vacation.
4 7-25-94
3. On July 25, 1994, the City Council held a public hearing. The City staff
published a notice in the Maplewood Review and sent notices to the
abutting property owners. 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.
WHEREAS, after the City approves this vacation, public interest in the property
will go to the following abutting properties:
Lots 1-9, Block 9 (including vacated Hazel Street accruing) and Lots 18-
27,Block 9 (including vacated Hazel Street accruing), Dearborn Park.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
vacation for the following reasons:
1. There is no need for this alley.
2. The City does not build alleys.
3. The City has a policy of vacating unneeded alleys..
Seconded by Councilmember Carlson Ayes - all
Zoning Map Change (4 Votes)
i. Councilmember Rossbach introduced the followinu Resolution and moved its
adoation:
94-07-81
ZONING MAP CHANGE
WHEREAS, the Volunteers of America (VOA) applied for a change in the
zoning map from R-1 (single dwellings) to R-3 (multiple dwellings).
WHEREAS, this change applies to the property located east of White Bear
Avenue and between the vacated Sherren and Cope Avenues. The legal
description is:
Lots 1-27, Block 9, Dearborn Park (including streets and alleys
accruing thereto).
WHEREAS, the history of this change is as follows:
1. On June 20, 1994, the Planning Commission recommended that the
City Council approve the change.
2. On July 25, 1994, the City Council held a public hearing. The
City staff published a notice in the Maplewood Review and sent
notices to the surrounding property owners. 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.
5 7-25-94
- NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and
intent of the zoning code.
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 proposed change would be consistent with the existing land
use plan designation for this property.
Seconded by Councilmember Carlson Ayes - all
Parking Waiver
j. Councilmember Rossbach introduced the following Resolution and moved its
adootion•
- 94-07-82
PARKING REDUCTION
WHEREAS, the Volunteers of America (VOA) applied for 84 fewer parking
spaces than the Code requires and no garages.
WHEREAS, this change applies to the property located east of White Bear
Avenue and between the vacated Sherren and Cope Avenues. The legal
description is:
Lots 1-27, Block 9, Dearborn Park (including streets and alleys
accruing thereto).
WHEREAS, the history of this change is as follows:
1. On June 20, 1994, the Planning Commission recommended that the
City Council approve the change.
2. On July 25, 1994, the City Council held a public hearing. The
City staff published a notice in the Maplewood Review and sent
notices to the surrounding property owners. 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.
5 7-25-94
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described change in the zoning map for the following reasons:
1. Most of the residents would not drive.
2. The City has allowed fewer parking spaces for similar seniors
housing developments.
Approval is subject to the following conditions:
_ 1. The property owner shall add off-street parking if the City
determines there is not enough parking.
2. The property owner will at this time delineate the location of
20 additional future parking spaces on the site pan.
Seconded by CouncilmembeF Carlson Ayes - all
Floor Area Variance
k. Councilmember Rossbach introduced the followings Resolution and moved its
adootion•
94-07-83
FLOOR AREA VARIANCE
WHEREAS, the Volunteers of America applied for a variance from the floor
area requirements in the zoning ordinance.
WHEREAS, this variance applies to the property east of White Bear Avenue
and between the vacated Sherren and Cope Avenues. The legal description is:
Lots 1-27, Block 9, Dearborn Park (including streets and alleys
accruing thereto).
WHEREAS, Section 36-122(b) of the Maplewood Code of Ordinances requires
that the minimum habitable floor area for efficiency and one-bedroom units
is 580 square feet and that the minimum for two-bedroom units is 740 square
feet.
WHEREAS, the applicant is proposing that the efficiency units have 375
square feet, that the one-bedroom units have 465 square feet and that the
two-bedroom units have 610 square feet.
WHEREAS, this requires variances of 205, 115 and 130 square feet.
WHEREAS, the history of this variance is as follows:
1. On June 20, 1994, the Planning Commission recommended that the
City Council approve this variance.
7 7-25-94
2. On July 25, 1994, the City Council held a public hearing. The
City staff published a notice in the Maplewood Review and sent
notices to the surrounding property owners. The Council gave
everyone at the hearing an opportunity to speak and present
written statements. The Council a':so considered reports and
recommendations from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described variance for the following reasons:
1. Common areas compensate for the reduced unit size.
2. There are fewer. people per unit in senior-housing facilities
than in conventional apartment buildings.
3. Larger units can be more difficult to get around in for a
resident with physical or cognitive impairment.
4. The City approved floor area variances for Rosewood Estates.
Seconded by Councilmember Carlson Ayes - all
Density Variance
1. Councilmember Rossbach introduced the following Resolution and moved its
adootion•
94-07-84
DENSITY VARIANCE
WHEREAS, the Volunteers of America applied for a variance from the
density requirements in the City's Comprehensive Plan.
_ WHEREAS, this variance applies to the property east of White Bear Avenue
and between the vacated Sherren and Cope Avenues. The legal description is:
Lots 1-27, Block 9, Dearborn Park (including streets and alleys
accruing thereto).
WHEREAS, Table 5 of the Maplewood Comprehensive Plan does not have a
standard for efficiency units.
WHEREAS, the applicant is proposing a density calculation for the
efficiency units of 1.0 persons per unit.
WHEREAS, the history of this variance is as follows:
1. On June 20, 1994, the Planning Commission recommended that the
City Council approve this variance.
8 7-25-94
2. On July 25, 1994, the City Council held a public hearing. The
City staff published a notice in the Maplewood Review and sent
notices to the surrounding property owners. 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 variance for the following reasons:
1. The applicant presented national statistics showing occupancy
rates between .9 and 1.0 people per unit for assisted living
efficiency units.
2. The City does not have a standard for efficiency units in senior
- housing.
Seconded by Councilmember Carlson, Ayes - all
Building Plans
m. Councilmember Rossbach moved to aoorove the site plan. grading and
drainage plan landscaae clan and building elevations (stamaed Aoril 13,
1994) for the Maplewood Assisted Car Living Facilitv and the changes to
the Maplewood Care Center site sub.iect to the following conditions:
1. This review must be repeated in two years if the City has not
issued a building permit for this project.
2. All construction shall follow the approved plans. The Director
of Community Development may approve minor changes in the plans.
The Community Design Review Board must approve major changes.
3. Complete the following work before occupying the building:
a) Replace property irons that are removed because of this
construction.
b) Restore and sod damaged boulevards.
c) Install a handicap-parking sign for each handicap-
parking space. Handicap-parking stalls and signs must
follow ADA requirements.
d) Install continuous concrete curbing around all new
drives and parking lots.
4. Complete the following for staff approval before the City issues
a building permit:
a) Submit plans for the fence along the east lot line and
for the trash-enclosure.
b) Revise the grading, drainage, utility and erosion
control plans to reflect the parking lot design shown on
the site plan. The erosion control plan shall be
consistent with the Ramsey Soil and Water Conservation
9 7-25-94
District Erosion Control Handbook. The utility plan
shall show any fire hydrants required by the City Fire `
Marshal. The City shall not issue a building permit
until the City Engineer approves this plan.
c) Revise the site plan to show the eight-foot-wide
pedestrian trail as a paved trail.
d) Revise the landscape plan to:
1) Show the parking layout as proposed on the site
plan.
2) Show a landscape screen south of the existing
Maplewood Care Center parking lot. This
landscaping must be at least 80% opaque and six
feet tall. (code requirement)
e) Provide documentation to show that trees will be planted
on site at a total value of at least 1% of the project's
construction cost.
5. Parking shall be paved according to the site plan, not the
landscaping or grading plans.
6. If any required work is not done, the City may allow temporary
occupancy if:
a) The City determines that the work is not essential to
the public health, safety or welfare.
b) The City receives a cash escrow or an irrevocable letter
of credit for the required work. The amount shall be
150% of the cost of the unfinished work.
c) The City receives an agreement that will allow the City
to complete any unfinished work.
7. All work shall follow the approved plans. The Director of
- Community Development may approve minor changes.
Seconded by Council member Carlson Ayes - all
2. 7:15 P.M. (7:59 P.M.): Floor Area Variance (Rosewood Estates)
a. Mayor Bastian convened the meeting for a public hearing regarding the
revision of the floor area variance granted to Rosewood Estates.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Anitzberger presented the Planning Commission Report.
e. Commissioner Fischer presented the Housing and Redevelopment Authority
report.
10 7-25-94
f, Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following person was heard:
Kurt Velett, BRW Elness Architects, Inc.
g. Mayor Bastian closed the public hearing.
h. Councilmember Carlson introduced the following Resolution and moved its
adoption:
94-07-85
VARIANCE RESOLUTION
WHEREAS, CARE Institute, Inc.-Maplewood applied for a variance from the
zoning ordinance.
WHEREAS, this variance applies to a five-acre tract at the southeast
corner of Maryland Avenue and Lakewood Drive. The legal description is:
That part of Lots 7 and 8, Block 1, Beaver Lake Addition, Ramsey
County, Minnesota described as follows:
The south 375 feet of the north 408 feet of said Lots 7 and 8 which
lies east of aline 49.5 feet east of and parallel to the west line
of the Northeast Quarter of the Northwest Quarter of Section 25,
Township 29, Range 22 and which lies west of aline 635.5 feet east
of and parallel to said west line.
WHEREAS, Section 36-122(b) of the Maplewood Code of Ordinances requires
that the minimum habitable floor area for efficiency and one-bedroom
apartment units is 580 square feet.
WHEREAS, the applicant is proposing that the efficiency units have 366
square feet and that the one-bedroom units have 454 square feet.
WHEREAS, this requires variances of 214 and 126 square feet.
WHEREAS, the history of this variance is as follows:
1. On December 13, 1993, the City Council approved room-size
variances for Rosewood Estates to allow the efficiency units to
have 425 square feet of area and the one-bedroom units to have
525 square feet of area.
2. On June 28, 1994, the Housing and Redevelopment Authority
reviewed an amendment to this variance and recommended that the
City Council allow the proposed smaller room sizes.
3. On July 5, 1994, the Planning Commission reviewed an amendment
to this variance and recommended that the City Council allow the
proposed smaller room sizes.
4. The City Council held a public hearing on July 25, 1994. 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.
11 7-25-94
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described variance amendment for the following reasons:
1. There are common areas that compensate for the reduced unit
size.
2. There are fewer people per unit in senior-housing facilities
than in conventional apartment buildings.
Seconded by Councilmember Koppen Ayes - all
3. 7:30 P.M. (8:14 P.M.): Bittersweet Estates
a. Mayor Bastian convened the meeting for a public hearing regarding a
proposal to develop lots for eight homes at the end of Bittersweet Lane.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Anitzberger presented the Planning Commission Report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Jerry Mogren, representing Bruce Mogren
Joe Zappa, 2522 Flandrau Street
A. Lewandowski, 2604 Southlawn Drive
Chuck Williams, 2591 Southlawn Drive
Barbara Williams, 2591 Southlawn Drive
Jeanne Ewald, Park and Recreation Commission
f. Mayor Bastian closed the public hearing.
Land Use Ptan Change (4 Votes)
g. Councilmember Allenspach introduced the following Resolution and moved
its adoution:
94-07-86
LAND USE PLAN CHANGE
WHEREAS, the Director of Community Development proposed a change to the
City's land use plan. This change is from R-1 (single dwellings) and OS
(open space) to R-1 (single dwellings).
WHEREAS, this change applies to the undeveloped property south of Demont
Avenue and north of the Carefree Cottages of Maplewood in Section 10,
Township 29, Range 22.
WHEREAS, the history of this change is as follows:
i. The Planning Commission held a public hearing on July 5, 1994.
The City staff published a hearing notice in the Maplewood
Review and sent notices to the surrounding property owners. The
12 7-25-94
Planning Commission, gave everyone at the hearing a chance to
speak and present written statements. The Planning Commission
recommended that the City Council approve the plan amendment.
2. The City Council discussed the plan amendment on July 25, 1994.
They considered reports and recommendations from the Planning
Commission and City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described change for the following reasons:
1. The proposed open space corridor is developed or proposed to be
developed with single dwellings.
2. A trait on Flandrau Street would preserve the intent of the open
space corridor by providing for pedestrian access between
Bittersweet Lane and Four Seasons Park.
Seconded by Mayor Bastian Ayes - all
Zoning Map Change (4 Votes)
h. Councilmember Allenspach introduced the followin4 Resolution and moved
its adoption:
94-07-87
ZONING MAP CHANGE
WHEREAS, Bruce Mogren, representing Bittersweet Associates, applied for
a change in the zoning map from LBC (limited business commercial) to R-1
(single dwellings).
WHEREAS, this change applies to the undeveloped property south of Demont
Avenue and north of the Carefree Cottages of Maplewood at the south end of
Bittersweet Lane. The legal description is:
That part of Lots 1 and 2, E.G. Roger's Garden Lots, according to
the plat on file in the office of the County Recorder, Ramsey
County, Minnesota described as follows:
Beginning at the northwest corner of said Lot 2; thence south 89
degrees, 59 minutes, 00 seconds east, assumed bearing along the
north line of said Lot 2 and Lot 1 a distance of 494.77 feet; thence
South 00 degrees 43 minutes 47 seconds east 150.00 .feet; thence
south 49 degrees 30 minutes 02 seconds west 214.78 feet to the north
line of the south 989.64 feet of said Lots i and 2; thence North 89
degrees 53 minutes 49 seconds west along said north line 330.21 feet
to the west line of said Lot 2; thence North 00 degrees 37 minutes
31 seconds west along said west line 289.04 feet to the point of
beginning, containing 3.02 acres, more or less.
WHEREAS, the history of this change is as follows:
1. On July 5, 1994, the Planning Commission recommended that the
City Council approve the change.
13 7-25-94
2. The City Council held a public hearing on July 25, 1994. City
staff published a notice in the Maplewood Review and sent
notices to the surrounding property owners as required by lawn
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 change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and
intent of the zoning code.
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 zone would be more compatible with the Bittersweet Lane
neighborhood.
Seconded by Mayor Bastian Ayes - all
Street Vacation - Flandrau Street West of Bittersweet Lane
i. Councilmember Allenspach introduced the following Resolution and moved
its adoption:
94-07-88
VACATION RESOLUTION
WHEREAS, Bruce Mogren, representing Bittersweet Associates, applied for
the vacation of the following described street:
That part of the Demont Avenue right-of-way between the west right-
of-way of Bittersweet Lane and an extension of the east right-of-way
line of Flandrau Street, except west 98.95 feet. The west 98.95 feet
shall be limited to public trail and public utility use.
WHEREAS, the history of this vacation is as follows:
1. The Planning Commission recommended that the City Council
approve this vacation on July 5, 1994.
14 7-25-94
2. The City Council held a public hearing on July 25, 1994. City
staff published a notice in the Maplewood Review and sent a
notice to the abutting property owners. 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.
WHEREAS, after the City approves this vacation, public interest in the
property will go to the following abutting properties:
Lot 16, Block 4 of the Crestmoor Addition; Lot 1, Block 2 and Outlot
A of the Seasons Park Addition; and Lot 2 of E.G. Roger's Garden
Lots.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described vaca~ion for the following reasons:
i. It is in the public interest.
2. The City has no plans to build a street on this easement.
3. The adjacent properties have street access.
4. The City cannot vacate the remaining easement because there is
public interest in a trail.
_ This vacation is subject to the developer recording this resolution
with the final plat. The City shall not release this resolution
until the City approves the final p}at.
Seconded by Mayor Bastian Ayes - all
Removal of "No Trespassing Signs"
j. Councilmember Allenspach moved to approve the. removal of the "No
Trespassing" signs at either end of Demont Avenue between Flandrau
Street and Bittersweet Lane.
Seconded by Mayor Bastian Ayes - all
Street Vacation - Flandrau St. East of Bittersweet Lane (4 Votes)
k. Councilmember Allenspach introduced the following Resolution and moved
its adoption:
94-07-89
VACATION RESOLUTION
WHEREAS, the Director of Community Development proposed that the City .
Council vacate the following described street:
That part of the Demont Avenue right-of-way between the east right-of-
way line of Bittersweet Lane and the centerline of the vacated Southlawn
Avenue..
WHEREAS, the history of this vacation is as follows:
15 7-25-94
1.` The Planning Commission recommended that the City Council
approve this vacation on July 5, 1994.
2. The City Council held a public hearing on July 25, 1994. City
staff published a notice in the Maplewood Review and sent a
notice to the abutting property owner. 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.
WHEREAS, after the City approves this vacation, public interest in the
property will go to the following abutting properties:
Lots 6 and 7, Block 5 of the Crestmoor Addition and Lot 1 of E.G.
Roger's Garden Lots.
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 City has no plans to build a street on this easement.
3. The adjacent properties have street access.
This vacation is subject to the following conditions:
1. Retaining a drainage easement over the south ten feet of the
north 30 feet of the west 169 feet of the above-described right-
of-way.
2. The City shall not record this resolution until the developer
has completed the grading on the right-of-way.
Seconded by Mayor Bastian Ayes - all
Preliminary Plat
1. Councilmember Carlson moved to approve the Bittersweet Estates
preliminary plat (received by the Citv on Aoril 22. 19941 sub.iect to the
following conditions:
a) Sign an agreement with the City that guarantees that the
developer or contractor will:
1) Complete all grading for overall site drainage, complete
all public improvements and meet all City requirements.
2)* Place temporary orange safety fencing and signs at the
grading limits.
3) Pay the City for the cost of traffic-control and street
identification signs.
16 7-25-94
4) Construct an eight-foot-wide paved walkway between Lots
3 and 4 of Block 1 from the cul-de-sac to the existing
sanitary sewer manhole on Lot 4, Block 1. Also construct
a 8-foot-wide paved walkway from the existing sanitary
sewer manhole on Lot 4, Block 1 to Flandrau Street near
the north property line. The developer shall install
posts at each end of the trail to prevent cars or trucks
from using the trail. The developer shall build the
entire trail. The City Engineer must approve these
plans. The City will reimburse the developer for the
cost of the trail that is beyond the plat boundaries.
The City is requiring that the developer pay for the
part of the trail within the plat since the trail will
provide park access to the residents of the new plat.
5)* Provide all easements required by the City Engineer.
6) Install permanent signs around the edge of the wetland
buffer easements. These signs shall mark the edge of the
easements and shall state there shall be no mowing,
vegetation cutting, filling or dumping.
7) Install survey monuments along any wetland boundary.
8) Remove any debris, junk or fill from the wetlands.
a) The developer shall use the Cottages property
to haul in fill material. The developer may use
Bittersweet Lane for normal development
construction traffic.
b)* Have the City Engineer approve final
construction and engineering plans. These plans
shall include: grading, utility, drainage,
erosion control, tree, trail and street plans.
The building official must approve the
retaining wall if it will be over four feet
tall. The plans shall meet the following
conditions:
1) The erosion control plan shall be
consistent with the Ramsey Soil and
Water Conservation District Erosion and
Sediment Control handbook.
2) The grading plan shall:
a) Include proposed building pad
elevation and contour
information for each home site.
b) Include contour information for
the land that the street
construction will disturb.
c) Illustrate housing styles that
reduce the grading on sites
where the developer can save.
large trees.
17 7-25-94
d) The tree plan shall show:
1) Where the developer
will remove, save or
replace large trees
2) The size and species
of any trees that the
developer will plant
as replacement trees
c)' Show the following on the final plat:
1) A twenty-foot-wide utility and trail
easement between '_ots 3 and 4 of Block
1, and along the north property line of
Lot 4, Block I.
2) The existing storm water drainage
easement on the east side of the site.
3) A drainage easement on the northeast
corner of Lot 1, Block 1, subject to
the City Engineer's approval. This
easement shall be for the proposed
storm sewer.
4) Show drainage and utility easements
along all property lines on the final
plat. These easements shall be ten feet
- wide along the front and rear property
lines and five feet wide along the side
property lines.
d) Show the wetland boundaries on the final plat
as approved by the Watershed District.
e)* Give the City wetland easements over the two
wetlands. These easements shall cover the
wetlands and any land within twenty feet
surrounding a wetland. The easement shall
prohibit any building or structures within
twenty feet of the wetland or any mowing,
cutting, filling or dumping within ten feet of
the wetland or within the wetland itself. The
purpose of this easement is to protect the
water quality of the wetlands from homeowners'
fertilizer and to protect the wetland habitat
from residential encroachment.
If the developer decides to final plat part of the preliminary plat, the
City may waive any conditions that do not apply to the final plat.
*The developer must complete these conditions before the City issues a
grading permit or approves the final plat.
Seconded by Councilmember Koppen Ayes - all
18 7-25-94
H. AWARD OF BIDS.
1. Project 94-09, Bituminous Overlay
a. Manager McGuire presented the staff report. =
b. Mayor Bastian moved to award the contract to Ashbach Construction
Company in the amount of $22.85/ton.
Seconded by Councilmember Carlson Ayes - all
2. Community Center: Purchase of Weight Equipment
a. Manager McGuire presented the staff report.
b. Councilmember Carlson moved to aoorove the ourchase of upper body
circuit weight equipment from Cvbex in the amount of $21.116.27.
Seconded by Mayor Bastian Ayes - all
I. UNFINISHED BUSINESS
1. Appointment Procedure
a. Manager McGuire presented the staff report.
b. Councilmember Carlson moved to add the following languaoe to section
14(A)(2) of the Council's Rules of Procedure:
SECTION 14: COUNCIL ADMINISTRATIVE POLICIES
2. Each Commission. or Board shall interview candidates for
vacancies on their Commissions or Boards. If there are enough
candidates, each Commission or Board shall recommend one more
candidate than the number of vacancies. As an example there
should be two candidates for one vacancy or three candidates for.
two vacancies.
If there are only enough recommended candidates for the
vacancies available, the Council shall interview the candidates
at a regular Council meeting. If there is more than one
recommended candidate, the Council shall interview the
candidates at a Council/Manager meeting or after a pre-agenda
meeting. The Manager shall schedule the meeting. The Council
shall vote on ballots for candidates for each position. The
Manager shall tally the votes and invite the top vote-getters)
to the next City Council meeting. The Council shall make their
appointments at a regular Council meeting.
"All appointees to commissions, boards, etc. are to appear
before the Council." is deleted.
Seconded by Councilmember Koppen Ayes - all
19 7-25-94
c. Councilmember Carlson moved to interview the Planning Commission and
Community Desi4n Review Board candidates on August 1. 1994.
Seconded by Councilmember Allenspach Ayes - all
J. NEW BUSINESS
1. Parking Waiver: Crown Plaza Shopping Center (Palm Night Club)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
report.
c. Councilmember Allenspach moved to reduce the number of parking spaces by
139 spaces for the Crown Plaza Center which will allow the proposed Palm
Night Club sub.iect to the followin4 conditions:
i. If the City determines there is a shortage of parking spaces,
the shopping center owner shall evict enough of its tenants to
provide adequate on-site parking. The owner shall put this
requirement into the Palm Night Club lease.
2. The shopping center owner shall put up no parking signs on the
west side of the ABRA building.
Seconded by Councilmember Carlson. Ayes - all:
2. Mounds Park Academy
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
report.
= c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. No one appeared./The following was/were heard:
David Moeckel, 1722 Ruth Street
Chris Clark, 1736 Ruth Street
Jack Bucksell, Representing Mounds Park Academy
Paula Miller, Mounds Park Academy
Jeff Ewald, 1744 Ruth Street
d. Mayor Bastian moved to table this item to allow Mounds Park Academv and
the neighbors to work out the problems and place it on the Consent
A1cenda at the September 26. 1994 Council Meeting.
Seconded by Councilmember Koppen Ayes - all .
20 7-25-94
A
3. Community Center: Contract for Interior Landscaping
a. Manager McGuire presented the staff report..
b. Councilmember Carlson moved to approve a contract with OF DISTINCTION.
INC. for a maximum of $35.000 for the design. construction, and
installation of the Community Center's interior landscaping.
Seconded by Councilmember Rossbach Ayes - Councilmembers Allenspach,
Carlson, Koppen, Rossbach
Nays - Mayor Bastian
4. Community Center: Computer System
a. Manager McGuire presented the staff report.
b, Assistant Manager Maglich presented the specifics of the report.
- c. Councilmember Rossbach moved to approve the expenditure of an amount not
to exceed 537.068 for the purchase of the Community Center's computer '
system.
Seconded by Councilmember Allenspach Ayes - all
VISITOR PRESENTATIONS
i. Steve Stenzel
a. Steve Stenzel stated he would like to appear at the next Council Meeting
regarding a late charge on the sewer bills for Beaver Creek Homes.
b. Councilmember Koppen moved to place this item on the August 8. 1994
Council Meeting.
Seconded by Councilmember Carlson Ayes - all.
L. COUNCIL PRESENTATIONS
I. Soccer Tournament
a. Councilmember Carlson said there had been complaints about the
soccer tournament held at Hazelwood Park on July 23 and 24, 1994.
1) Parking problems - both sides of County C
2) Tested loudspeaker at 6:30 A.M.
3) Litter (was cleaned up by Monday).
b. Staff stated that issues 2) and 3) have been addressed and the
parking issue will have to be studied.
21 7-25-94
2. Park and Recreation Department Fee Study Proposal
a. Councilmember Allenspach moved to suspend the Rules of Procedure and
place it on the next agenda for reconsideration of the vote taken on
June 27. 1994.
Seconded by Mayor Bastian Ayes - all
b. Councilmember Allenspach moved to reconsider the Park and Recreation
Department Fee Study Proposal decision at the August 8. 1994
meeting.
Seconded by Councilmember Koppen Ayes - all
3. Maplewood Heights Parking Issue
a. Councilmember Allenspach stated she has received several calls
regarding parking problems on Beam Avenue by Maplewood Heights and
suggested the lowering of the speed limit.
b. Councilmember Allenspach moved to refer to staff for investigation
of 1994 laws regarding speed limits on local streets.
Seconded by Mayor Bastian Ayes - all
4. Northwood Village
a. Mayor Bastian stated that a letter was passed out regarding the
drainage problems at Northwood Village Plat.
b. Steve Kolias, 2221 Ide Court, stated that the grading is not what
was approved.
c. Council directed staff to investigate the issue and suggested that
this be place it on the August 8, 1994 Agenda if it is not resolved
before.
5. Mayor's Update
a. Mayor Bastian announced there is a meeting regarding the I-694 and
I-94 Corridors at 7:00 P.M. on August 3, 1994.
M. ADMINYSTRATIVE PRESENTATIONS
1. Open Space Progress
a. Manager McGuire outlined the process which is"recommended to acquire
open space sites:
1) Property identified in Agenda Report for a New Business item.
2) With Council approval, the project is forwarded to the Planning and Park
22 7-25-94
& Recreation Commissions for their comments and recommendations.
3) The Planning Commission conducts two different types of meetings:
a) Review of the property to determine if it is consistent
with the Comprehensive Land Use Plan
b) A public hearing (with notification to property owners
within 350' of the property) is required before the City
_ can change the Land Use Plan.
c) Planning Commission presents recommendation to Council.
4) The Park & Recreation Commission considers the property and
makes their recommendation to Council.
5) Item presented for final Council consideration as Unfinished
Business with Commission recommendations included in the Agenda
Report.
2. Council/Manager Workshop
a. Manager McGuire stated there will be a Council/Manager Workshop on
August 1, 1994 from 5:00 P.M. to 6:20 P.M. and, in connection, a
tour of the Community Center at 4:30 P.M.
N. ADJOURNMENT OF MEETING
10:36 P.M.
Lucille E. Aurelius
City Clerk
23 7-25-94