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HomeMy WebLinkAbout09-11-1995 MINUTES OF MAPLEWOOD City COUNCIL 7:00 P.M., Monday, September 11. 1995 Council Chambers. Municipal Building,... Meeting No. 95-18 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, Couhcilmember Present Dale H. Carlson, Councilmember Present Marvin C. Koppen, Councilmember Present George F. Rossbach, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Council/Manager Workshop of August 23, 1995 Councilmember Allenspach moved to approve the minutes of Council/Manager Meeting of August 23 as presented. Seconded by Councilmember Rossbach Ayes - all 2. Minutes of Meeting 95-16 (Special Meeting), (August 24, 1995) Councilmember Rossbach moved to approve the minutes of Meeting No. 95-16 (August 24. 1995) as presented. Seconded by Councilmember Allenspach Ayes - all 3. Minutes of Meeting 95-17, (August 28, 1995) Councilmember Allenspach moved to approve the minutes of Meeting No. 95.17 (August 28. 1995) as presented. Seconded by Councilmember Carlson Ayes - all 1 9-11-95 E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended: L1 Mayor's Update M1 Keller Parkway Stop Signs Seconded by Councilmember Carlson Ayes - all EA. APPOINTMENTS/PRESENTATIONS 1. Resolution of Appreciation - Marvin Sigmundik a. Manager McGuire presented the staff report. b. Mayor Bastian introduced the following Resolution and' moved its adoption: 95-09-96 JOINT RESOLUTION OF APPRECIATION WHEREAS, Marvin Sigmundik has been a member of the Maplewood Planning Commission since March 14, 1983 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment; and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that Marvin Sigmundik is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Seconded by Councilmember Carlson Ayes - all F. CONSENT AGENDA: Councilmember Carlson moved. seconded by Councilmember Koppen: ayes - all. to approve the Consent Agenda Items F-1 thru F-9 as recommended: 2 9-11-95 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 354,936.21 Checks #5478 • #5562 Dated 8-17.95 thru 8-31-95 $ 154.925.45 Checks #21462 - #21615 Dated 9-11-95 $ 500,861.66 Total Accounts Payable PAYROLL: $ 260,138.38 Payroll Checks Dated 9/25/95 $ 43.213.01 Payroll Deduction Dated 8/25/95 $ 303,343.39 Total Payroll $ 804.205.05 GRAND TOTAL 2. Conditional Use Permit Review - Menards (2280 Maplewood Drive) Reviewed and renewed for one year the Conditional Use Permit for an outdoor storage yard at Menards, 2280 Maplewood Drive. 3. Final Prat - Hillcrest Heights. Approved the Hillcrest Heights final plat for eight lots for houses east of McKnight Road along the new Hoyt Avenue, north of Montana Avenue, subject to the developer recording the wetland easements with the final plat. 4. Final Plat - Southwinds Townhomes Second Addition Approved the Southwinds Townhomes Second Addition final plat which creates 13 double dwellings (26 units) on the east side of Beebe Road, south of the Southwinds Townhomes First Addition. 5. Drug and Alcohol Testing Contract Approved entering into a participation agreement with Kerr Transportation Services, Inc. "METRO-TEST" program for the Drug and Alcohol Testing required by the Omnibus Transportation Employee Testing Act of 1991. 6. Group Insurance Coverage Approved staff recommendation for continuation of the existing health, life, dental and long-term disability insurance contracts for one year. 7. Salaries for Selected Metro Supervisory Positions Approved the following revised pay scales following re-evaluation of the positions: POSITION START(90%) 1 YR.(95%) 2 YR.(BASE) 4 YR.(103%) Building Maintenance 16.83 17.77 18.70 19.26 Supervisor Recreation Program Asst. 11.97 12.64 13.30 13.70 Aquatics Program Asst. 11.97 12.64 13.30 13.70 3 9-11-9E 8. City Hall Driveway Budget Transfer Authorized the transfer of $3,282.00 from the Community Center construction Fund to Project 93.09 to close out Project 93-09, which was intended for reconstruction of the entire length of the City Hall driveway but never done. 9. St. Paul Educational Foundation - Charitable Gambling License Adopted the following Resolution, approving renewal of-the St. Paul Educational Foundation (St. Paul Ski Club) Charitable Gambling License with the State of Minnesota: 95-09-97 APPROVING CHARITABLE GAMBLING - ST. PAUL EDUCATIONAL FOUNDATION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for St. Paul Educational Foundation, 7060 Timberlea Drive, Woodbury, Minnesota to operate at The Chalet, 1830 Rice Street, Maplewood, Minnesota FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minn. Stat. §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minn. Stat. §349.213. NOW, THEREFORE, be it further resolved that this resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. G. PUBLIC HEARINGS 1. 7:00 P.M. (7:09 P.M.): Amber Hills Fifth Addition (Sterl'ing Street, south of Linwood Avenue) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal by JDV Limited Partnership of Maplewood to develop lots for 27 homes along Sterling Street, south of Linwood Avenue, to be known as Amber Hills Fifth Addition. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Fischer presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Dean Johnson, Partner of JDV Limited Partnership of Maplewood, the applicant 4 9-11-95 g. Mayor Bastian closed the public hearing. Preliminary Plat h. Councilmember Allenspach moved to aoarove the Amber Hills Fifth Addition preliminarv slat (received by the Citv on Au4ust 2 1995 sub.iect to the developer's completion of the followin4 conditions: i) 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 permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. d) Install survey monuments along the wetland boundaries. e) Have NSP install street lights in two locations, primarily at street intersections. The exact location and type of lights shall be subject to the City Engineer's approval. f) Pay the City for the cost of traffic-control and street identification signs. This shall include the installation of no-parking signs along the west side of Sterling Street. g) Provide all necessary easements. h) Install permanent signs around the edge of any wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, grading or dumping. 2)* Have the City Engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet the following conditions: a) The erosion control plans shall be consistent with the City Code. b) The grading plan shall: (1) Include proposed building pad elevation and _ contour information for each home site. (2) Include contour information for the land that the street construction will disturb. (3) Show sedimentation basins as required by the watershed board. (4) Show housing styles that reduce the grading on sites where the developer can save large trees. c) There shall be a backyard drain connected to the storm sewer system between Lots 2 and 3, Block 1. The developer shall dedicate all necessary easements for these drains and pipes. d) Provide storm water storage and/or outlet pipes between Outlot B and Pond 6, based on a drainage study done by the developer's engineer. The City Engineer shall approve the exact location, capacity and outlet for this storage. If the City requires more pond capacity, the developer may have to drop lots. 5 ~ 9-11-9G e) Provide a tree plan for the City Engineer's approval before grading or final plat approval. This plan shall show where the developer will remove, save or replace large trees. This plan also must show the size, species and location of any trees that the developer will plant as replacement trees. All trees that the developer will plant shall be at least 2-1/2 inches in diameter. There shall be no tree removal beyond the approved grading and tree limits. 3) Change the plat as follows: a) Add a drainage easement on the rear of Lots 1T-14, Block One for Pond 5 up to and including the elevation of 985. b) Add drainage and utility easements as required by the City Engineer. c) Show the wetland boundaries on the final plat as .approved by the Watershed District. d) Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. 4) Dedicate Outlots A and B to the City. The developer shall record the deeds to transfer this property to the City with the final plat. 5)* Provide all easements required by the City Engineer. These shall include: a) Give the City wetland easements over the wetlands. These easements shall cover the wetlands and any land within twenty feet surrounding a wetland. The easement shall prohibit any building or structures within twenty feet of the wetland or any mowing, cutting, filling, grading or dumping within twenty feet of the wetland or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands from homeowners' fertilizer and to protect the wetland habitat from residential encroachment. b) Drainage easements for the off•site drainage areas and wetlands that this project would affect. 6) Submit recordable deed restrictions to the City along with the recording fees. These deed restrictions are to prohibit the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects all lots east of Sterling Street. The developer also shall notify the purchasers of the pipeline location. 7) Show the wetland boundaries on the plat as delineated on the site. A trained and qualified person must delineate the wetlands. This person shall prepare a wetland delineation report. The developer shall submit this wetland information to the Watershed District office. The Watershed District must approve this information before the City approves a final plat. If needed, the developer shall change the plat to conform to wetland regulations. 6 9-11-95 8) Obtain a permit from the Ramsey-Washington Metro Watershed District for any wetland filling. 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 Councilmember Koppen Ayes - all Zoning Map Change i. Councilmember Allenspach introduced the followin4 Resolution and moved its adoption: 95-09-98 ZONING MAP CHANGE - AMBER HILLS FIFTH ADDITION WHEREAS, Bill Dolan applied for a change in the zoning map from F (farm residential) to R-1 (single dwellings). WHEREAS, this change applies to the property south of Linwood Avenue east of Linwood Court. The legal description is: THE N 15 ACRES OF E 20 ACRES OF NE 1/4 OF NW i/4 EX N 183 FT OF SD E 20 ACRES & ALSO EX PART OF N 268 FT OF SD NE 1/4 OF NW 1/4 LYING ELY OF A L 30 FT WLY OF & PARALLEL WITH A CL DESC AS BEG AT A PT ON NL OF SD NE 1/4 OF NW 1/4 & 380.38 FT W FROM NE COR OF SD NE 1/4 OF NW 1/4 TH S 0 DEG Ol MIN 08 SEC E FOR 83.02 FT TH SELY ON A 300 FT RAD CURVE FOR 210.40 FT TH S 40 DEG 12 MIN 08 SEC E FOR 76.49 FT TH SLY ON A 300 FT RAD CURVE FOR 212.89 FT TH S 0 DEG 27 MIN 26 SEC W FOR 454.72 FT TO A PT ON SL OF SD N 15 ACRES OF E 20 ACRES & 185.01 FT WLY FROM SE COR THEREOF & THERE TERM (SUBJ TO ESMTS) IN SEC 13 TN 28 RN 22. (PIN 13-28-22- 21-0022) WHEREAS, the history of this change is as follows: 1. On August 21, 1995 the Planning Commission recommended that the City Council approve the change. _ 2. On September 11, 1995, 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. 7 9-11-9E 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical. efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The applicant is proposing to develop the site with single family homes. Seconded by Councilmember Koppen Ayes - all. 2. 7:15 P.M. (7:34 P.M.): Holiday Station Store (Lower Afton and MdCnight Roads) Land Use Plan Change (CO to BC) (4 Votes) Zoning Map Change (CO to BC) (4 Votes) Code Change (Minor Motor Fuel Stations) Conditional Use Permit a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to build a 4,000-square-foot, one-story Holiday store with fuel sales and a car wash at the southeast corner of McKnight and Lower Afton Roads. b. Manager McGuire stated the applicant had requested this item be postponed until September 25, 1995. c. Mayor Bastian moved to table this item until September 25. 1995. Seconded by Councilmember Carlson Ayes - all 3. 7:30 P.M. (7:35 P.M.): Application for Liquor License - Paul J. Mateyka. Jr. a. Mayor Bastian convened the meeting for a public hearing regarding an application for a liquor license for Paul J. Mateyka, Jr. at Dean's Tavern, 1986 Rice Street. b. Manager McGuire presented the staff. report. c. Director of Public Works Collins presented the specifics of the report. d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Paul Mateyka, Jr., the applicant e. Mayor Bastian closed the public hearing. 8 9-11-95 f. Councilmember Rossbach introduced the following Resolution and moved its adoption: 94-09-99 _ APPROVING ON-SALE LIQUOR LICENSE - PAUL J. MATEYKA, JR. NOTICE IS HEREBY GIVEN that pursuant to action by the City Council of the City of Maplewood on September 12, 1995, an On-Sale Intoxicating License was approved for Paul J. Mateyka, Jr., doing business under the name of Dean's Tavern, 1986 Rice Street. The Council proceeded in this matter as outlined under the provisions of the City Ordinance. Seconded by Mayor Bastian Ayes - all H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Concordia Arms Crossing a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Don Solav, Traffic Engineer, Ramsey County Ceil Starezny, Concordia Arms d. Mayor Bastian moved to table this item until October 9 1995 to allow Ramsey County to prepare further reports. Seconded by Councilmember Allenspach Ayes - all 2. Homestead at Maplewood - Lawn Sprinklering Variance (1890 Sherren Avenue) a. Manager McGuire presented the staff report. b. Director of Community Development Coleman presented the specifics of the = report, stating the applicant had installed an irrigation system and was, therefore, withdrawing the application for a variance. c. Councilmember Rossbach moved to accept the staff report to withdraw the lawn irrigation variance for the Volunteers of America Homestead of Maplewood. as the applicant has now installed the required s.vstem. Seconded by Councilmember Koppen Ayes - all 9 9-11-95 3. Relief Association Shortfall a. Manager McGuire presented the staff report. b. City Attorney Kelly presented the specifics of the report. c. Councilmember Carlson moved that Maplewood fund the entire shortfall of E13,825.38. Seconded by Councilmember Koppen Ayes - all J. NEW BUSINESS 1. Driveway Appeal - 2465 Flandrau Street a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Lee Yung, 2465 Flandrau d. Councilmember Allenspach moved to approve the 30-foot wide driveway at 2465 Flandrau Street. Seconded by Councilmember Koppen Ayes - all e. Councilmember Allenspach moved to direct staff to investigate the width of residential driveways. Seconded by Councilmember Koppen Ayes all K. VISITOR PRESENTATIONS 1. Kevin Berglund a. Mr. Berglund commented on the Tri-District School, stating we should _ keep a close watch over this issue and how it will affect Maplewood residents. b. Mr. Berglund commented on the September 12, 1995 Primary Election and the damages done to signs. 10 9-11-95 L. COUNCIL PRESENTATIONS 1. Mayor's Update a. Soccer Program 1) Mayor Bastian stated he had received a call about a family who wished to join the Maplewood Soccer Program and was refused. 2) Council directed staff to investigate. b. Mayor Bastian commented he has heard there is a period of free hook-up for cable TV. M. ADMINISTRATIVE PRESENTATIONS 1. Keller Parkway a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Council stated their intent was that signs were to be installed at both intersections on Keller Parkway. N. ADJOURNMENT OF MEETING 8:40 P.M. Lu le E. Aurelius, City Clerk 11 9-11-9F