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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 3 11-28-94 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 4 11-28-94 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