HomeMy WebLinkAbout11-28-1994 MINUTES OF MAPLEWOOD CITY COUNCIL
- 7:00 P.M., Monday, November 28, 1994
Council Chambers, Municipal Building
Meeting No. 94-23
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 Meeting of November 7, 1994
Councilmember Carlson moved to approve the minutes of Council/Manager
Meeting of November 7. 1994 as presented.
Seconded by Mayor Bastian Ayes - all
2. Minutes of Meeting 94-22 (November 14, 1994)
Councilmember Carlson moved to approve the minutes of Meeting No. 94-22
(November 14. 1994) as corrected:
Page 12. Item I,l,c: Greg Mach (not Fred)
Seconded by Councilmember Rossbach Ayes - all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
L1 Ramsey County Parks & Recreation Communication
L2 Trailers
L3 Christmas Tree Sites
L4 RCCLG By-Laws Change
L5 Mayor's Update
M2 December Meetings
Seconded by Councilmember Rossbach Ayes - all
1 11-28-94
EA. APPOINTMENTS/PRESENTATIONS
1. HRA Appointment
a. Manager McGuire presented the staff report. ,
b. Thomas Schiff, the applicant, appeared before the Council.
c. Mayor Bastian moved to appoint Thomas Schiff to fill the vacancv on the
Housing and Redevelopment Authority (HRA) term expiring ~n March. 1996.
Seconded by Councilmember Koppen Ayes - Mayor Bastian. Councilmembers
Allenspach, Koppen, Rossbach
Nays - none
Abstain - Councilmember Carlson
F. CONSENT AGENDA:
Councilmember Carlson moved seconded by Mayor Bastian• ayes - all, to aaarove the
consent agenda items F-1 thru F-9 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 524.010.44 Checks #3318 - #3407
Dated 11-01-94 thru 11-16-94
$ 424.344.08 Checks #15512 - #15682
Dated 11-28-94
$ 948,354.52 Total Accounts Payable
PAYROLL: $ 243,658.04 Payroll Checks #44008 thru #44265
Dated 11-18-94
$ 48.987.15 Payroll Deduction Checks #44270 thru
#44287 dated 11-18-94
$ 292,645.19 Total Payroll.
$1.240.999.71 GRAND TOTAL
2. Nature Center and Community Center Donations
Accepted with thanks the donation of a seven-foot fully decorated Christmas
tree (valued at $1,000) for the Community Center from the North St. Paul
Target Store.
Accepted with thanks a $100 donation from Mr. and Mrs. Robert Beuhring for
the Nature Center, and authorized placing those funds in the Nature Center
Program Supply Account (101-604-000-4120).
3. Conditional Use Permit Review: 743 North Century Avenue (Holiday Express Station)
Reviewed and renewed approval of the Conditional Use Permit for Holiday
Express at 743 North Century Avenue. The permit will not be reviewed again
unless a problem develops.
4. Final Plat: Amber Hills First Addition
Approved the Amber Hills First Addition final plat, creating fourteen lots
for houses and several outlots along Valley View Avenue, west of Sterling
Street.
2 11-28-94
5. Contingency Request: Data Processing
Authorized a budget transfer of $16,000 from the Data Processing Retained
Earnings account to the Data Processing Part-time Wages account to cover the
labor costs associated with the installation of the new computer system.
6. Gambling License - Change of Manager: Merrick Companies, Inc. (Garrity's)
Approved the application of Merrick Companies, Inc. for licensing Michelle
(Shelly) Juergens, to be their new gambling manager at Garrity's Lounge,
1696 White Bear Avenue.
7. Liquor License - Change of Manager: Red Rooster
Approved the liquor license application of Mark Weinand and Mary Ann Baker
for Red Rooster Lounge at 2029 Woodlynn Avenue.
8. Certification to Property Taxes - House Demolition: 1832 Gervais Court
94 - 11 - 137
CERTIFICATION OF DEMOLITION COSTS TO PROPERTY TAXES - 1832 GERVAIS COURT
RESOLVED, that the City Clerk is hereby authorized and directed to
certify to the Auditor of Ramsey County the following costs associated with
demolition of the property at 1832 Gervais Court, for certification against
the tax levy of said property owner for the year 1994, collectible in 1995
and 1996, and to be paid in full by December 1, 1996, and which includes
interest at the rate of eight percent (8X).
Demolition Costs (Frattalone Excavating) $5,180.50
Building Inspector 51.06
Health Official 139 50
Police Officer 55.69
Attorney's Fees 2,365.35
County Administration Fee 5.00
$7,797.10
Interest - 1st year 623:77
Interest - 2nd-year. 311.88
$8,732.75
Total amount to be certified: $8,732.75
9. Certification to Property Taxes - Unpaid Bill for North St. Paul Water
94 - 11 - 138
CERTIFICATION OF UNPAID WATER BILL TO PROPERTY TAXES
RESOLVED, that the City Clerk is hereby authorized and directed to
certify to the Auditor of Ramsey County the following delinquent water
service charges, for certification against the tax levy of said property
owner for the year 1994, collectible in 1995, and which includes interest at
the rate of eight percent (8X) on the total amount for one year.
PIN 02-29-22-42-0018.2 $ 99.88
2.50 Administration Fee
Total amount to be certified: $ 102.38
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G. PUBLIC HEARINGS
1. 7:00 P.M. (7:10 P.M.): Canprehensive Plan Change and Rezoning: Maplewood Townhouses
(11th Avenue and Ariel Street) - Requires at Least 4 Votes
a. Mayor Bastian convened the meeting for a public hearing regarding the
proposal by The Shelter Corporation to build 31 rental town house units
at the northwest corner of Eleventh Avenue and Ariel Street.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Kevin Kittridge presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Garrett Carlson, Representing Shelter Corporation
Mike Jordan, Winsor-Faricy, Architect for Shelter Corporation
Patricia Kamrath, 2499 Ariel Street
Vicki Smoyer, 2599 Ariel Street
Louis Kamrath, 2499 Ariel Street
f. Mayor Bastian closed the public hearing.
g. City Attorney Kelly explained the legal constrictions relative to this request.
h. Councilmember Rossbach moved to table this issue to the December 19
Council Meeting in order to address the issues raised in this hearing.
Seconded by Councilmember Carlson Ayes - all
2. 8:15 P.M. (8:27 P.M.): Maplewood Retail Addition
a. Mayor Bastian convened the meeting for a public hearing regarding a
proposal by Marc Kruger to redevelop the land between White Bear Avenue
and Ariel Street, and between 11th Avenue and Highway 36, a total of
34.1 acres, for multiple dwelling and retail purposes.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Kittridge presented the Planning Commission report.
e. Boardmember Roger Anitzberger presented the Community Design Review Board report.
f. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Mark Kruger, 1139 5th Ave. N, Plymouth, the applicant
John Deitrich, ROK Associates
Zelma Pitzl, 2005 Castle Avenue
Jerry Brink, 2462 White Bear Ave.
Darrel Berkowitz, 2428 White Bear Avenue
(also for sister Judy and brother Jerry Berkowitz)
Edmund Bergren, 2456 White Bear Avenue
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Carl LeVake, 2394 White Bear Avenue
Nina Hardenbrook. 1970 Gervais
Mike Kuralle, 2066 Flanders Road
Carl Keller. Manager of Townhomes in North St. Paul I
Rusty Gundleson, Forest Products Supply, 1915 Castle Avenue
Roger Anitzberger, 1949 Castle
Bruce Boje, Western Professional Services, regarding intersection lights
g. Mayor Bastian closed the public hearing.
Land Use Plan Change (at least 4 votes)
h. Councilmember Carlson introduced the followino Resolution and moved its
adoetion:
94-11-140
LAND USE PLAN CHANGE - LBC, R-1 AND NC TO BC AND R-3M
WHEREAS, Marc Kruger applied for a change to the City's land use plan. This
change is from LBC (limited business commercial), R-1 (single dwellings) and NC
(neighborhood commercial) to BC (business commercial) and R-3M (medium density
multiple dwellings).
_ WHEREAS, this change applies to the property between White Bear Avenue and
Ariel Street between Highway 36 and 11th Avenue in Section 11, Township 29, Range 22.
WHEREAS, the history of this change is as follows:
1. On November 7. 1994, the Planning Commission held a public hearing. The
City staff published a hearing notice in the Maplewood Review and sent
notices to the surrounding property owners. The Planning Commission gave
everyone at the hearing a chance to speak and present written
statements. The Planning Commission recommended that the City Council
approve this land use plan change for ninety days contingent on the
County approving a traffic plan.
2. On November 28, 1994, the City Council discussed the land use plan
change. 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 developer is proposing to develop this site for commercial uses.
2. With the traffic improvements proposed, the streets will have sufficient
vehicular capacity to handle the traffic from this development.
3. The proposed commercial development would be compatible with the nearby
land uses on White Bear and 11th Avenues.
4. The proposed commercial development would be more compatible with
traffic and conditions on White Bear and 11th Avenues than the existing
homes.
5. The proposed R-3M classification would be compatible with the existing
multiple dwellings east of Ariel Street.
6. The existing property owners are in favor.
5 11-28-94
Approval is for 239 days. At the end of that time the City may change the land use
back to its current designation if the developer has not started construction.
Seconded by Councilmember Koppen Ayes - all
Zoning Map Change (at least 4 votes)
i. Councilmember Carlson introduced the following Resolution and moved its
adoption:
94 - 11 - 140
ZONING MAP CHANGE - FROM R-1 AND NC TO BC AND R-3
WHEREAS, Marc Kruger, representing RLK Associates, applied fora change in the
zoning map from F (farm residential), R-1 (single dwellings) and NC (neighborhood
commercial) to BC (business commercial) and R-3 (multiple dwellings).
WHEREAS, this change applies to the property between White Bear Avenue and Ariel
Street between Highway 36 and 11th Avenue in Section il, Township 29. Range 22. The
legal descriptions are:
The South 1/8 of the North 8/10 of the Southwest 1/4 of the Southeast 1/4 of
the Northwest 1/4 of Section 11. Township 29, Range 22, except the East
287.98 thereof, subject to White Bear Avenue, and
That part of the South 1/7 of the North 7/10 of the Southwest quarter of
the Southeast quarter of the Northwest Quarter of Section 11, Township 29.
Range 22, lying Easterly of White Bear Avenue, according to the United
States Government Survey thereof; except the Easterly 287.98 feet thereof
and subject to the right of the State of Minnesota in the Westerly .03 acres
more or less thereof, and
All that part of the South i/6 of the North 6/10 lying East of White Bear
Avenue of the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of
Section 11, Township 21, Range 22, and
That part of the South 1/3 of the North 3/10 of the Southwest 1/4 of the
Southeast 1/4 of the Northwest 1/4 of Section il, Township 29, Range 22
Easterly of White Bear Avenue, and
South 1/10 of North 4/10 of that part of the Southwest 1/4 of Southeast 1/4
of Northwest 1/4 Easterly of White Bear Avenue in Section il, Township 29,
Range 22, and
All that part of the South l/5 of the North 1/2 of the Southwest 1/4 of the
Southeast 1/4 of the Northwest 1/4 of Section 11, Township 29, Range 22,
lying East of the center line of White Bear Avenue; excepting therefrom the
said portion thereof taken for White Bear Avenue, and
The East 1/2 of the North 1/10 and the East 1/2 of the South 1/2 of the
North 1/5 of the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of
Section 11. Township 29, Range 22; AND North 1/5 of West 1/2 of Southwest
1/4 of Southeast 1/4 of Northwest 1/4 Section 11, Township 29, Range 22.
excepting that part lying west of White Bear Avenue, and except the North
12.5 feet, and
The West 77.98 feet of the East 287.98 feet of the South 1/4 of the North
4/5 of the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of
6 11-28-94
Section 11, Township 29, Range 22; AND that part of the South 1/5 of the
Southwest 114 of the Southeast 1/4 of the Northwest 1/4 of Section 11,
Township 29, Range 22, lying Easterly original White Bear Avenue, except the
Westerly 300 feet thereof, and except the East 210 feet thereof; subject to
the rights of the public in highway (Eighth Avenue) over the Southerly 33
thereof, and
The West 300 feet of the North 3/4 of the South 1/5 lying East of White Bear
Avenue, except road commonly known as Eighth Avenue NW, of the Southwest 1/4
of the Southeast 1/4 of the Northwest 1/4 of Section 11, Township 29, Range
22, and
The West 85 feet of the East 210 feet of the South 4/10 of the Southwest 1/4
of the Southeast 1/4 of the Northwest 1/4 of Section 11, Township 29, Range
22, and
The East 210 feet, except the West 85 feet thereof, of the following: The
South 1/7 of the North 7/10 of the Southwest 1/4 of the Southeast 1/4 of the
Northwest 1/4, Easterly of White Bear Avenue, Section 11, Township 29, Range
22 West; AND the North 3/4 of the South 1/5 of the Southwest 1/4 of the
Southeast 1/4 of the Northwest 1/4, Section 11, Township 29, Range 22 West
lying easterly of original White Bear Avenue, excepting the Westerly 300
feet thereof; AND the East 287.98 feet of the South 1/8 of the North 8/10 of
the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 11,
Township 29, Range 22, and
The Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section il,
Township 29, Range 22, and
The North 100 feet of Lot 1; the North 100 feet of Lot 2; all in Castle
Acres, and
Lot 1 except the North 100 feet thereof; Lot 2 except the North 100 feet
thereof; all in Castle Acres, and
Lots 3, 4 and 5, Castle Acres, and
Lot 6, except the North 264 feet, Castle Acres, and
The North two hundred sixty-four (N.264) feet of Lot six (6), Castle Acres,
according to the plat thereof filed of record in the office of the Registrar
of Titles within and for said County, and
Lot 7 except the North 310 feet thereof, Castle Acres, and
The North 310 feet of Lot 7, Castle Acres, and
The South 1/2 of Lot 8, Castle Acres, and
- The North one-half (N. 1/2) of Lot Eight (8), Castle Acres, according to
the plat thereof filed or record in the office of the Registrar of Titles
within and for said County, and
The South Three Hundred Ninety-four (S.394) feet of Lot Nine (9), Castle
Acres, according to the plat thereof filed of record in the office of the
Registrar of Titles within and for said County, and
Lot 10 except the Northerly 100 feet thereof, Castle Acres, and
Lot 11 except the Easterly 50 feet thereof, Castle Acres, and
7 11-28-94
The Northerly 100 feet of Lot 10; the Easterly 50 feet of Lot 11; all in Castle
Acres, and
Lot Twelve (12), Castle Acres, according to the plat thereof filed for
record in the office of the Registrar of Titles within and for said County,
and
Lot 13, Castle Acres, and
Lot 14, Castle Acres, and
All that part of the two following-described tracts: Tract 1. Lot 15
except the East 125 feet; Tract 2. Lot 16 except the East 125 feet; which
lies Northeasterly of the following-described line: Beginning at a point on
the north line of said Lot 15, distant 290 feet West of the Northeast corner
of the said Lot, thence running Southeasterly to a point on the East line of
the second above-described tract, distant 50 feet South of the Northeast
corner thereof and there terminating; all in Castle Acres, and.
The East 125 feet of Lots 15 and 16, Castle Acres, subject to that portion,
if any, acquired by the State of Minnesota for Highway purposes, and
WHEREAS, the history of this change is as follows:
1. On November 7, 1994, the Planning Commission recommended that the City
Council approve this change for ninety days, contingent on the County
approving a traffic plan.
2. On November 28, 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
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.
Approval is for 239 days. At the end of that time the City may change the zoning
back to its current designation if the developer has not started construction.
Seconded by Council member Koppen Ayes all
8 11-28-94
Conditional Use Permit
j. Councilmember Carlson introduced the following Resolution and moved its
adoption:
94 - 11 - 141
CONDITIONAL USE PERMIT -OUTDOOR STORAGE, SALES AND DISPLAY
WHEREAS, Marc Kruger, Esq., applied for a conditional use permit to have
exterior storage, display, sale or distribution of goods or materials in the
BC (business commercial) zoning district.
WHEREAS, this permit applies to the garden center of the home care store
in the Maplewood Retail Addition on White Bear Avenue between Highway 36 and
11th Avenue. The legal description is:
Lot 2, Block One, Maplewood Retail Addition.
WHEREAS, the history of this conditional use permit is as follows:
1. On November 7, 1994, the Planning Commission recommended that the City
Council approve this permit.
2. On November 28, 1994, the City Council held a public hearing. The City
staff published a notice in the paper and sent notices to the
surrounding property owners. The Council gave everyone at the hearing a
chance to speak and present written statements. The Council also
considered reports and recommendations of the City staff and Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
- described conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated
to be in conformity with the City's Comprehensive Plan and Code of
Ordinances.
2. The use would not change the existing or planned character of the
surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or
methods of operation that would be dangerous, hazardous, detrimental,
disturbing or cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water or air
pollution, drainage, water run-off, vibration, general unsightliness,
- electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets
and would not create traffic congestion or unsafe access on existing or
proposed streets.
6. The use would be served by adequate public facilities and services,
including streets, police and fire protection, drainage structures,
water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public
facilities or services.
9 11-28-94
8. The use would maximize the preservation of and incorporate the site's
natural and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan that the City stamped
October 19, 1994. The Director of Community Development may approve
minor changes.
2. The store shall use the outside storage and display within 239 days of
the Council's approval or the permit shall end. The Council may extend
this deadline for one year.
3. The City Council shall review this permit in 239 days.
Seconded by Councilmember Koppen Ayes - all
Street Vacations
k. Councilmember Carlson introduced the followin4 Resolution and moved its
adoption:
94 - 11 - 142
STREET VACATIONS - GERVAIS AVENUE AND CASTLE AVENUE
WHEREAS, Marc Kruger, representing RLK Associates, applied for the vacation of
the following described streets:
1. That part of Gervais Avenue between the east right-of-way line of White
Bear Avenue and the west right-of-way line of Ariel Street in Section
11, Township 29, Range 22.
2. Castle Avenue south from Gervais Avenue to the Highway 36 right-of-way
in Section 11, Township 29, Range 22.
WHEREAS, the history of these vacations is as follows:
1. On November 7, 1994, the Planning Commission recommended that the City
Council approve these vacations.
2. On November 28, 1994, the City Council held a public hearing. The 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:
1. Lots 1-11 of Castle Acres
2. 1937 Gervais Avenue East
The West 77.98 feet of the East 287.98 feet of the South 1/4 of the
North 4/5 of the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4
10 11-28-94
of Section 11, Township 29, Range 22; AND that. part of the South 1/5
of the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of
Section 11, Township 29, Range 22, lying Easterly original White
Bear Avenue, except the Westerly 300 feet thereof, and except the
East 210 feet thereof; subject to the rights of the public in
highway (Eighth Avenue) over the Southerly 33 thereof.
3. NE Corner of WBA and Gervais
The West 300 feet of the North 3/4 of the South 1/5 lying East of White Bear
Avenue, except road commonly known as Eighth Avenue NW, of the Southwest 1/4
of the Southeast 1/4 of the Northwest 1/4 of Section 11, Township 29, Range
22.
4. 1945 Gervais Avenue East
The West 85 feet of the East 210 feet of the South 4/10 of the Southwest 1/4
of the Southeast 1/4 of the Northwest 1/4 of Section 11, Township 29, Range
22.
5. 1955 Gervais Avenue East
The East 210 feet, except the West 85 feet thereof, of the
following: The South 1/7 of the North 7/10 of the Southwest 1/4 of
_ the Southeast 1/4 of the Northwest 1/4, Easterly of White Bear
Avenue, Section 11, Township 29, Range 22 West; AND the North 3/4 of
the South 1/5 of the Southwest 1/4 of the Southeast 1/4 of the
Northwest 1/4, Section 11, Township 29, Range 22 West lying easterly
of original White Bear Avenue, excepting the Westerly 300 feet
thereof; AND the East 287.98 feet of the South 1/8 of the North 8/10
of the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of
Section 11, Township 29, Range 22.
6. .1971 Gervais Avenue East
The Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of
Section 11, Township 29, Range 22.
7. The north 30 feet of Block One, Dearborn Park
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
vacations for the following reasons:
1. It is in the public interest.
2. The proposed development will provide its own access to White Bear and
11th Avenues.
3. The adjacent properties have street access.
The developer shall record the resolution with the final plat. The City
shall not release the resolution until the City has approved the final plat.
Seconded by Councilmember Koppen Ayes - all
Sale of City Property
1. Councilmember Carlson introduced the following Resolution and moved its
adoption:
94 - 11 - 143
11 11-28-94
AUTHORIZING SALE OF CITY OWNED PROPERTY
WHEREAS, Marc Kruger, representing RLK Associates, requested that the City
Council declare some property in Maplewood owned by the City as excess and authorize
it for sale.
WHEREAS, the legal description of this property is the north 30 feet of Block
- One, Dearborn Park in Section il, Township 29, Range 22. (PIN 11-29-22-31-0018) -
WHEREAS, the history of this request is as follows:
1. On November 7, 1994, the Planning Commission recommended that .the City
Council declare this property as excess and authorize it for sale.
2. On November 28, 1994, the City Council considered this request. The City
staff published a notice in the Maplewood Review and sent notices to the
abutting property owners. The Council gave everyone at the meeting 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 declare the above-described
property as excess property and authorize it's sale. Approval is subject to the City
having an appraisal of the property done at the developer's expense.
Seconded by Mayor Bastian Ayes - all
Preliminary Plat
m. Councilmember Carlson moved to approve the Maplewood Retail Addition
reliminar lat received b the Cit on October 19 1994. Before the
City Counci approves the final plat developer shall complete the
followino conditions:
1. Sign an agreement with the City that guarantees that the
developer or contractor will:
a. Complete all grading for overall site drainage, complete
all public improvements and meet all City requirements.
b.* Place temporary orange safety fencing and signs at the
grading limits.
c. Install a traffic signal system, channelized southbound
left-turn lane and exclusive northbound right-turn lane
on White Bear Avenue at the White Bear Avenue entrance
and any other improvements required by the County. This
may require widening White Bear Avenue. The City and
County Engineers must approve these improvements before
the developer has them installed. These signals must be
operating before the City issues the first certificate
of occupancy for the project.
2.* Have the City Engineer approve final construction and
engineering plans. These plans shall include: grading, utility,
drainage, erosion control, tree, sidewalk and parking lot plans.
The plans shall meet the following conditions:
a. The erosion control plan shall be consistent with the Ramsey Soil and
Water Conservation District Erosion and Sediment Control handbook.
b. The grading plan shall include sedimentation basins and storm water pon6'
capacity as required by the Watershed Board.
c. The drainage plan shall do the following:
12 11-28-94
~(1) Show the size and capaci~ ~f the pi es,
storage and sedimentation b, a. These shall
be consistent with Maplewa and Watershed
District storm water manasrment plans. A
registered engineer shall prepare this plan.
(2) Where the grading allows, design the medians so
_ they collect storm water for infiltration.
(3) Route rooftop drainage into infiltration
devices, such as trenches, swales or pits, near
the buildings. These devices shall be designed
to minimize direct discharge into the storm
water system. The developer shall connect the
infiltration devices to the storm water system
to control the storm water from 1 arge storm
events.
(4) Design catch basins to accommodate infiltration
of storm water runoff into the ground, as
required by the City Engineer.
d. The design of the proposed storm water pond shall be
approved by the City Engineer and the Watershed
District. The pond shall be designed, shaped and graded
to lessen its artificial appearance. This shall include
varying the shape and grade of the side slopes and
providing for emergent vegetation and open water. If the
slopes are steeper than ten horizontal to one vertical,
the developer shall fence the pond with a five-foot-high
green vinyl-clad chain link fence. The developer shall
landscape the area around the pond and shall show this
landscaping on the landscaping plan.
e. The tree plan shall show the size, species and location
of any trees that the developer will plant as
replacement trees or existing large trees to be
preserved. There shall be at least 341 trees on the
commercial and residential sites when the project is
done (with the trees that the developer will plant and
with the large trees that they will save.).
3. Show the following changes on the final plat:
a. A drainage easement for the storm water pond in Outlot
A.
b. Provide at least a twenty-foot setback between the
= southerly truck turnaround area and the property line.
4.* Provide all easements required by the City Engineer.
5. Record easements or agreements for ingress, egress and utilities
with the .final plat. The City staff must approve these before
the developer records them.
6. Deed to the County the property required by the City for
additional right-of-way for White Bear Avenue.
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.
e eve oper must complete these conditions before the City issues a
grading permit or approves the final plat.
Seconded by Mayor Bastian Ayes all
13 11-28-94
Design Plans
n. Councilmember Carlson moved to a rove the desi n laps received on
October 19 1994 and the site g an received on November 14 for the
Maplewood Retail Addition (including the grocery store. home care store
and Boston Chicken restaurant). Approval is based on the f~ndmgs -
required by the Code and sub.iect to the developer doing the following:
1. Submit a revised site plan to the Community Design Review Board
(CDRB) for approval. This plan shall show the following changes:
a. The parking lot north of the pet supply store shall have
a fifteen-foot setback from the west property line. If
the State does not vacate the Castle Avenue right-of-way
next to this parking lot, the developer shall change the
parking lot design to meet the fifteen-foot-setback
requirement.
b. Revise the parking lot design as follows:
(1) All parking stalls, except handicap-accessible
and employee parking stalls, must be at least
10 feet wide. Handicap-accessible parking
stalls must follow ADA requirements and
employee parking stalls must be at least nine
feet wide.
(2) Revise the site plan as required by the County
Traffic Engineer.
c. Show an eight-foot-wide asphalt trail along the
south lot line. The trail shall run from Ariel
Street to the drive at the southwest corner of the
home store.
2. Submit revised building elevations to the CDRB for approval.
These plans shall show the following:
a. The colors and materials for each building in the
project.
b. The designs for each building.
c. Brick on at least 50 percent of the north and west
elevations of the grocery store, on at least 50 percent
of the west and south elevations of the home care store
and on 50 percent of all elevations of the three
freestanding buildings. The colors and styles of all
wall and facade materials for all buildings in the
project shall be the same. The CDRB may reduce the
amount of brick if they determine that the quality of
building design does not warrant the use of brick.
d. The roof-equipment screening and trash and compactor
enclosures.
3. Submit a revised landscape plan to the CDRB for approval. This
plan shall show the following:
a. Native grasses, shrubs, trees and flowering plants on
the large slope to the east and south of the grocery and
home care stores.
b. Types of grasses, shrubs, trees and flowering plants
that are native to Minnesota and that require minimal
management. (See the memo on page 57.)
c. Plant species that are more tolerant of parking lot
conditions (including limited space, compacted soils,
higher temperatures and drier conditions) in the parking
lot islands and near the edges of the parking lots.
14 11-28-94
d. Plant species and materials that are tolerant of moist
conditions around the storm water pond and in the storm
water collection areas.
e. The use of more understory and shrub materials to
provide a mix of planting sizes and heights.
f. .Document the number of large trees (as defined by City
Code) that will remain on the site after the contractor
- has finished the grading. There shall be at least 341
trees on the site when the project is done (with those
that the developer will plant and with the large trees
that they will save.).
g. All coniferous (pine, spruce) trees shall be at least
eight feet tall.
h. Cluster plants together to provide better wildlife
habitat areas and to increase the chance of survival of
the plant materials.
4. Complete the following before the City issues a building permit:
a. Submit a certificate of survey for all new construction.
b. Have the City Engineer approve final construction and
engineering plans. These plans shall include: grading,
utility, drainage, storm water, erosion control, tree,
sidewalk and parking lot plans. These 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 include sedimentation
basins and storm water pond capacity as
required by the Watershed Board.
(3) The drainage plan shall do the following:
(a) Show the size and capacity of the
pipes, storage and sedimentation
basins. These shall be consistent with
Maplewood and Watershed District storm
water management plans. A registered
engineer shall prepare this plan.
(b) Where the grading allows, design the
medians so they collect storm water for
infiltration.
(c) Route rooftop drainage into
infiltration devices, such as trenches,
swales or pits, near the buildings.
These devices shall be designed to
minimize direct discharge into the
storm water system. The developer shall
connect the infiltration devices to the
storm water system to control the storm
water from large storm events.
(d) Design catch basins to accommodate
infiltration of storm water runoff into
the ground, as required by the City
Engineer.
(e) The design of the proposed storm water
pond shall be approved by the City
Engineer and the Watershed District.
The pond shall be designed, shaped and
graded to lessen its artificial
appearance. This shall include varying
the shape and grade of the side slopes
and providing for emergent vegetation
15 11-28-94
and open water. If the slopes are
steeper than ten horizontal to one
vertical, the developer shall fence
the pond with a five-foot-high
green vinyl-clad chain link fence.
The developer shall landscape the
area around the pond and shall show
this landscaping on the landscaping
plan.
(4) The tree plan shall show the size, species and
location of any trees that the developer will
plant as replacement trees or existing large
trees to be preserved. There shall be at least
341 trees on the commercial and residential
sites when the project is done (with the trees
that the developer will plant and with the
large trees that they will save.).
c. Record all required easements, including any wetland
buffer zones.
d. Resolve the issue of payment to the City of North St.
Paul for the use of 11th Avenue, including any payments
to City from the developer.
5. Complete the following before occupying the buildings:
a. Set new property irons with the final plat.
b. Completely restore and establish vegetative ground cover
on all boulevards to the curb.
c. Install reflectorized stop signs at all exits and where
the site driveways intersect, a handicap-parking sign
for each handicap-parking space and an address on each
building.
d. Screen all roof-mounted equipment visible from streets
or adjacent property, as code requires. These screens
shall be a color and design that are compatible with the
building. The screening design and method shall be
subject to CDRB approval.
e. Construct trash dumpster and compactor enclosures as
City Code .requires. All enclosures must match the
building elevation in design, material and color and
shall .have 100 percent opaque gates. The final design of
the enclosures shall be subject to CDRB approval.
f. Install an in-ground sprinkler system for all landscaped
areas, except on the slopes to the east and south of the
grocery and home care stores and those areas intended to
be unmaintained. Sprinklers must not spray on a public
sidewalk.
g. Install on-site fire hydrants subject to the Fire
Marshal's requirements.
h. Stripe all parking areas, and all bituminous areas shall
have continuous concrete curb and gutter. The City
Engineer shall approve the curb and gutter design.
i. Install site security and parking lot lighting. The contractor shall
install this lighting so it does not glare onto adjacent properties or
onto public streets. In addition, the lighting shall not be directly
visible from the adjacent residential areas. The lighting shall not
exceed one foot-candle at the east property line.
j. Provide proof that the required cross easements that
allow access between all the lots in the project have
been recorded with the County.
k. Install a traffic signal system, channelized southbound
left-turn lane and exclusive northbound right-turn.
16 11-28-94
lane on White Bear Avenue at the White Bear Avenue
entrance and any other improvements required by the
County. This may require widening White Bear
_ Avenue. The City and County Engineers must approve
these improvements before the developer has them.
installed.
1. Properly seal any abandoned wells on the site that are
not already sealed.
m. Work with MTC and other appropriate agencies to secure
placement and construction to provide a bus shelter for
seniors and disabled persons to the extent that funding
is available through those sources.
6. If any required work is not done, the City may allow temporary
occupancy if:
a. The City decides 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
150X of the cost of the unfinished work.
c. The City receives an agreement that will allow the City
to complete any unfinished work.
7. This approval does not include the signs. The developer shall
= apply to the City for a comprehensive sign plan approval for the
center. This shall include business identification, pylon.
directional and traffic signs.
8. This approval does not include the area north of the grocery
store shown as "future expansion area.^
9. This approval does not include the video or pet supply stores.
The developer shall apply to the CDRB for approval of each of
these buildings.
10. All work shall follow the approved plans with the required
changes. The Director of Community Development may approve minor
changes.
11. The developer or applicant shall repeat the design review in two
years if the City has not issued a building permit for this
project.
Seconded by Mayor Bastian Ayes - all
AT 10:10 P.M. MAYOR BASTIAN CALLED FOR A 5-MINUTE BREAK
MEETING RE-CONVENED AT 10:15 P.M.
H. AWARD OF BIDS
NONE
17 11-28-94
I. UNFINISHED BUSINESS
1. Purchase of Open Space Site #140
a. Manager McGuire presented the staff report.'
b. Commissioner Kittridge presented the Planning Commission report.
c. Councilmember Carlson moved to look at acquiring the property through
Park & Recreation funds and to contact DNR regarding co-development as
an amenity to the trails.
Seconded by Councilmember Allenspach Ayes - all
J. NEW BUSINESS
1. Appointment to 622 Environmental Task Force
a. Manager McGuire presented the staff report.'
b. Councilmember Carlson moved to appoint Environmental Health Officer
Robert Wenger to serve on the 622 Environmental Task Force.
Seconded by Councilmember Koppen Ayes - all
2. Reduction in Retainage - Community Center Contract
a. Manager McGuire presented the staff report.
b. Mayor Bastian introduced the following Resolution and moved its
adoption:
94 - 11 - 144
REDUCTION IN RETAINAGE FOR THE COMMUNITY CENTER PROJECT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
the construction of a City-owned community center, Community Center Project,
and has let a contract with Adolfson & Peterson for general construction;
and
WHEREAS, the City is holding 5X of the 55,550,298 contract amount in
escrow as retainage; and
WHEREAS, the Architect and Construction Manager evaluated the
construction and acknowledged substantial completion on September 23, 1994.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the Mayor and City Clerk are hereby authorized and directed
to release $150,000 of Adolfson & Peterson's escrowed retainage at FBS
Investment Services.
Seconded by Councilmember Carlson Ayes - all
18 11-28-94
3. Phalen Chain of Lakes Watershed Project
a. Manager McGuire presented the staff report.
b. Sherri Buss presented information about the Natural Resources Plan.
c. Councilmember Rossbach moved to endorse the Phalen Chain of Lakes
Watershed Pro.iect's Natural Resources Plan.
Seconded by Councilmember Koppen Ayes - all
MAYOR BASTIAN LEFT THE MEETING AT 10:30 P.M.
ACTING MAYOR ROSSBACH ASSUMED THE CHAIR
4. Concept Plan for Maplewood Community Center Park
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the
report.
NO ACTION REQUIRED
ACTING MAYOR ROSSBACH MOVED TO CONTINUE THE AGENDA TO COMPLETION
SECONDED BY COUNCILMEMBER KOPPEN AYES - ACTING MAYOR ROSSBACH,
COUNCILMEMBERS ALLENSPACH,
KOPPEN
NAYS - COUNCILMEMBER CARLSON
5. Carver Elementary Update
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the
report.
c. Councilmember Carlson moved to table this item to a later meeting.
Seconded by Acting Mayor Rossbach Ayes - all
6. Frost and English Open Space Site #142: Rebate of Interest
a. Manager McGuire presented the staff report.
b. Councilmember Carlson introduced the following Resolution and moved its
adoption:
19 11-28-94
94 - 11 - 145
- REBATE OF INTEREST
WHEREAS, pursuant to proper notice duly given and requested by law, City
Council met and heard and passed upon a request for abatement of interest on
assessments of seven thousand two hundred forty three dollars and forty five
cents ($7,243.45) with respect to the following described property:
Parcel I.D. #16-29-22-41-0036-0
WHEREAS, Parcel I.D. #16-29-22-41-0036-0 was assessed for the following
City projects:
Water Improvement Project 75-16-D/P 1562
Project 78-9-D/P 5312
Frost Avenue 83-1-D/P 5536
WHEREAS, the City of Maplewood is purchasing the property and said
closing and transfer of title to the City of Maplewood is December 1, 1994.
WHEREAS, the assessments on the above captioned property shall be paid
off on said closing date of December 1, 1994.
WHEREAS, if the assessments are not paid by November 15, 1994, according
to procedure, another years' interest is added to the unpaid balance, which
said interest amounts to seven thousand two hundred forty three dollars and
forty five cents ($7,243.45).
WHEREAS, the Trust for Public Land, Seller of the above captioned
property is formally requesting that this amount be abated. The basis of
their request is as follows:
1. The sale to the City of Maplewood is occurring only fifteen days
after the due date for the assessment payoff.
2. The City of Maplewood is the new owner of the property and its
intended use is for open space.
3. All other assessment and connection charges associated with the
above captioned property are being paid at the closing, either
by Trust for Public Land or K & J, a Minnesota corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD, STATE OF
MINNESOTA as follows:
1. The following interest on assessments for the following parcel
is hereby abated: Parcel I.D. #16-29-22-41-0036-0.
2. Interest payment of $7,243.45 on the following projects is
hereby abated:
Water Improvement Project 75-16•D/P 1562
Project 78.9-D/P 5312
Frost Avenue 83-1-D/P 5536
Seconded by Councilmember Koppen Ayes - all
20 11-28-94
K. VISITOR PRESENTATIONS
NONE
M. COUNCIL PRESENTATIONS
1. Ramsey County Park & Recreation Communication
a. Councilmember Carlson commented on the notification from Ramsey County
Parks & Recreation that they were delaying transfer of parks to
Maplewood, and wondered if this was retaliation for the City's voting
against the golf dome.
2. Trailers, Semi-Trailers
a. Councilmember Rossbach commented on the fact that semi-trailers being
parked overnight on Gervais, east of English Street.
b. Staff will investigate.
3. Christmas Tree Lots
a. Question was raised whether anyone had received complaints about the tree lot at
White Bear Avenue and Raddatz. No one other than the Mayor had received any.
4. RCCLG By-Laws Change
a. Discussion of increased membership fees and admission of school
districts to the organization.
M. ADMINISTRATIVE PRESENTATIONS
1. Open Space Progress
a. Manager McGuire reported they are closing on the K&J Property on
Thursday, December 1.
b. Manager McGuire stated that they have been unable to find the location
of the 1,600 foot deep well drilled in 1888 on the Frost & English Open
Space Site, and the Department of Health has issued a varianced based on
K&J's good faith efforts.
c. Manager McGuire reported that the Gilbert property would not be pursued
further since the owner is not interested in selling for open space and
current appraisals are much higher than our guidelines.
d. Manager Mcguire stated that the Orrin property at Rice and County Road
B is the subject of discussions between School Districts 623 and 624 as
a possible site for a school. The City may be able to enter into a
cooperative venture with the school districts to preserve a portion of
the property for open space.
21 11-28-94
2. December Meetings
a. Manager McGuire stated that due to the Christmas holiday, it would be
necessary to reschedule the December 26 Council Meeting.
b. Councilmember Carlson moved to re-schedule the December 26 Council
Meeting to December 19 when there was to be a special meeting.
Seconded by Acting Mayor Rossbach Ayes - all
N. ADJOURNMENT
11:02 P.M.
Lucille E. Aurelius
City Clerk
22 11-28-94