HomeMy WebLinkAbout09-25-1995 AGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, September 25, 1995
Council Chambers, Municipal Building
Meeting No. 95-20
A. CALL TO ORDER
-B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. APPROVAL OF MINUTES
1. Minutes of Meeting 95-18, (September 11, 1995)
2. Minutes of Meeting 95-19, Special Meeting, (September 14, 1995)
E. APPROVAL OF AGENDA
rA. PRESENTATIONS
1. Planning Commission Appointment
2. Partnership Red Ribbon Campaign
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City
Council and will be enacted by one motion. There will be no separate discussion on these
items. If a member of the City Council wishes to discuss an item, that item will be
removed from the Consent Agenda and will be considered separately.
1. Approval of Claims
2. Change Order - Western Hills Park
3. Preliminary Plat Time Extension - Beth Heights Addition
4. Maplewood Innovative Stormwater Management Project, MPCA 319 Grant Resolution
5. Sealcoat Project 95-10, Final Payment
6. Sewer Cleaner, Approve Specifications and Authorize Bid Advertisement
G. PUBLIC HEARINGS
1. 7:00 P.M.: Southwinds 3rd Addition (Beebe Road)
a. Land Use Plan Change (R-3(M) to R-1)
b. Zoning Map Change (R-3 to R-1) (4 Votes)
c. Conditional Use Permit Change
d. Preliminary Plat
e. Increased Front yard Setbacks
2. 7:15 P.M.: Dr. Mary Pariseau (11th Avenue}
a. Land Use Plan Change (R-3(H) to LBC)
b. Zoning Map Change (F to LBC)'C4 Votes)
H. AWARD OF BIDS
1. 35.000 GVW Single Axle Truck
I. UNFINISHED BUSINESS.
1. Holiday Store, Lower Afton & McKnight Roads
a. Land Use Plan (CO to BC)
b. Zoning Map Change (CO to BC) (4 Votes)
c. Code Change (Minor Motor Fuel Stations) (4 .Votes)
d. Conditional Use Permit
J. NEW BUSINESS
1. Certification of Cleanup Cost
2. Park & Recreation User Fee Study -Cost/Revenue Analysis
3. Charitable Gambling Donation Request - Red Ribbon Campaign
4. "Safe and Sober" Resolution
5. Write-Off Uncollectible Ambulance Bills for 1993
K. VISITOR PRESENTATIONS
L. (:OUNCIL PRESENTATIONS
1.
2.
3.
4.
M. ADMINISTRATIVE PRESENTATIONS
1.
2.
3.
N. ADJOURNMENT
MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, September 25, 1995
- Council Chambers, Municipal Building..
Meeting No. 95-20
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 Arrived 7:11 P.M.
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Meeting 95-18, (September 11, 1995).
Mayor Bastian moved to approve the minutes of Meeting No. 95-18 (Seetember
11. 1995) as presented.
Seconded by Councilmember Rossbach Ayes - all
2. Minutes of Meeting 95-19, Special Meeting, (September 14, 1995)
Councilmember Carlson moved to approve the minutes of Meeting No. 95-19
(September 14, 1995) as presented.
Seconded by Councilmember Rossbach Ayes - all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Aoenda as amended:
L-1 Weaver School
L-2 Mayor's Update
Seconded by Councilmember Carlson Ayes - all
9-25-95 1
EA. APPOINTMENTS/PRESENTATIONS
1. Planning Commission Appointment
a. Manager McGuire stated that ballots would be distributed to the
Councilmembers and that the appropriate applicant would be invited to
the next Council meeting.
2. Partnership - Red Ribbon Campaign
a. Manager McGuire stated this would be on the October 23 Council Agenda.
F. CONSENT AGENDA:
Councilmember Carlson moved seconded by Councilmember Allenspach: ayes -
all to approve the Consent Agenda items F-1 thru F-6 as recommended•
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 638,842.56 Checks #5563 - #5623
Dated 9. 1-95 thru 9-13-95
$ 229.466.70 Checks #21626 - #21802
Dated 9-25-95
$ 868,309.26 Total Accounts Payable
PAYROLL: $ 249,636.39 Payroll Checks #83778 thru #84032
Dated 9- 8-95
$ 48.784.15 Payroll Deduction Checks #84033 thru
#84061 dated 8-11-95
$ 298,420.54 Total .Payroll
$1.166,729.80 GRAND TOTAL
2. Change Order - Western Hills Park
_ Approved Change Order 2 in the amount of $5,468 and authorized modification
of the contract as follows:
Original Contract ...............$296,344.80
Change Order #1 38.000.00
Subtotal ........................$258,344.80
is Change Order #2 640.00
Total Contract (9-1-95).........$258,984.80
Change Order #3 5.468.00
TOTAL $264,452.80
3. Preliminary Plat Time Extension - Beth Heights Addition
Approved a one-year time extension for the remainder of the Beth Heights
Addition preliminary plat, subject to the September 27, 1993 conditions of
approval.
9-25-95 2
4. Maplewood Innovative Stormwater Management Project, MPCA 319 Grant Resolution
95-09-101
RESOLUTION OF THE CITY OF MAPLEWOOD
BE IT RESOLVED by the Maplewood City Council that the City of Maplewood enter
into the attached substate agreement with the Minnesota Pollution Control Agency
(MPCA) to conduct the following project: Maplewood Innovative Storm Water Management
Project.
BE IT FURTHER RESOLVED by the Maplewood City Council that the Mayor, Gary W.
Bastian, be authorized to execute the attached substate agreement for the mentioned
project on behalf of the City of Maplewood
WHEREUPON the above resolution was adopted at a regular meeting of the City
Council this 25th day of September, 1995.
_
5. Sealcoat Project 95-10, Final Payment
= Approved final payment in the amount of .$43,029.50 for Project 95-10,
Bituminous Seal Coating.
6. Sewer Cleaner, Approve Specifications and Authorize Bid Advertisement
Approved specifications for replacement of the sewer cleaning machine and
authorized advertising for bids.
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:07 P.M.): Southwinds 3rd Addition (Beebe Road)
a. Mayor Bastian convened the meeting for a public hearing regarding a
proposal by Southwind Homes to develop lots for 7 single-family homes.
to be called Southwinds of Maplewood 3rd Addition, on a 2.56-acre site
on the west side of Beebe Road north of Larpenteur Avenue.
b. Manager McGuire presented the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
John Low, the applicant
e. Mayor Bastian closed the public hearing.
f. Councilmember Rossbach moved to revise the conditions of the preliminary
mat by addin4 a condition requiring placement of sicans to mark easement
for the planned walkway in the lst and .2nd Additions, and to ad.iust the
setback for Lot 4 to be midway between the setbacks on Lots 3 and 5.
Seconded by Councilmember Carlson Ayes - all
9-25-95 3
Land Use Plan Change (R=3(M) to R-1)
g. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
95 - 09 - 102
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, John Low applied for a change to the City's land use plan. This
change is from R-3(M) (residential medium density) to R-1 (single
dwellings).
WHEREAS, this change applies to the undeveloped property on the west
side of Beebe Road north of Larpenteur Avenue.
WHEREAS, the history of this change is as follows:
1. The Planning Commission held a public hearing on September 5,
1995. 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 the plan amendment.
2. The City Council discussed the plan amendment on September 25,
1995. 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 the site for single
dwellings.
2. This change would reduce the allowable density and traffic from
- this site.
Seconded by Councilmember Koppen Ayes - all
Zoning Map Change (R-3 to R-1) (4 Votes)
h. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
95 - 09 - 103
RESOLUTION: ZONING MAP CHANGE
WHEREAS, John Low applied for a change in the zoning map from R-3
(multiple dwellings) to R-1 (single dwellings).
WHEREAS, this change applies to the undeveloped property on the west
side of Beebe Road north of Larpenteur Avenue. The legal description is:
Lot 1, Block 1, Southwinds of Maplewood 2nd Addition. in
Section 14, Township 29, Range 22.
9-25-95 4
WHEREAS, the history of this change is as follows:
1. On September 5, 1995, the Planning Commission recommended that
the City Council approve the change.
2. The City Council held a public hearing on September 25 ,1995.
City staff published a notice in the Maplewood Review and sent
notices to the surrounding property owners as required by law.
The Council gave everyone at the hearing an opportunity to speak
and present written statements. The Council also considered
reports and recommendations from the City staff and Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and
intent of the zoning code.
2. The proposed change will not substantially injure or detract
from the use of neighboring property or from the character of
the neighborhood, and that the use of the property adjacent to
the area included in the proposed change or plan is adequately
safeguarded.
3. The proposed change will serve the best interests and
conveniences of the community, where applicable, and the public
welfare.
4. The proposed change would have no negative effect upon the
logical, efficient, and economical extension of public services
and facilities, such as public water, sewers, police and fire
protection and schools.
5. The proposed change would conform to the proposed land use plan
change and proposed development.
Seconded by Councilmember Koppen Ayes - all
Conditional Use Permit Change
i. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
95 - 09 - 104
CONDITIONAL USE PERMIT REVISION RESOLUTION
WHEREAS, Southwinds Homes, Corporation applied for a revision to a
conditional use permit for a planned unit development .
WHEREAS, the City originally approved the permit on February 14, 1994
for a 56-unit town house development.
WHEREAS, the original permit included the property on the east and west
sides of Beebe Road north of Larpenteur Avenue.
WHEREAS, the proposed revision is to drop 14 town house lots on the west
side of Beebe Road from the planned unit development.
9-25-95 5
WHEREAS, after this change, this permit will be for the property on the
east side of Beebe Road, north of Larpenteur Avenue. The new legal
description for the planned unit development is:
Outlots A, B and C and all of Block 1, Southwinds
Townhomes in Section 14, Township 29, Range 22
WHEREAS, the history of this conditional use permit revision is as
follows:
1. On September 5, 1995, the Planning Commission recommended that the
City Council approve this permit revision.
2. On September 25, 1995, 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 from the City
staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described conditional use permit revision, because:
1. The proposed change 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
runoff, 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.
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 for the town houses shall follow the site plan
approved by the City. The Director of Community Development may
approve minor changes.
9-25-95 6
2. The proposed townhouse construction must be substantially
started within one year of Council approval or the permit shall
end. The Council may extend this deadline for one year.
' 3. The City Council shall not review this permit unless there is a
problem.
4. The trees along the east and north lot lines shall not be
disturbed, except to construct a trail and wetland.
5. There shall be a homeowners association responsible for
maintaining the common land.
Seconded by Councilmember Koppen Ayes - all
Preliminary Plat
j. Councilmember Rossbach moved to approve the Southwinds of Maplewood 3rd
- Addition preliminarv plat received by the Citv on July 28. 1995, sub.iect
to the devel~er completing the following conditions:
1) Sign an agreement with the City that guarantees that the
developer or contractor will:
a) Complete all grading, public improvements and meet all
- City requirements.
b)* Place temporary orange safety fencing and signs at the
grading limits.
c) Pay the City for the cost of traffic-control signs.
d)* Provide all easements required by the City Engineer.
e) Place signs to mark the easement for the planned walkway
in the Southwinds 1st and 2nd Additions.
2) The developer shall complete all grading for public improvements
and overall site drainage. The City Engineer shall include in
the developer's agreement any grading that the developer or
contractor has not completed before final plat approval.
3) Have the City Engineer approve final construction and
engineering plans. These plans shall include: grading, utility,
drainage, erosion control and tree plans. These plans shall meet
the following conditions:
a) .The erosion control plans shall be consistent with the
City Code.
b) The grading plan shall include proposed building pad
elevation and contour information for each home site.
4) The final plat shall have drainage and utility easements along
all property lines. These easements shall be ten feet wide along
the front and rear property lines and five feet wide along the
side property lines.
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
9-25-95 7
Increased Front yard Setbacks
k. Councilmember Rossbach moved to aagrove front setbacks of 55.65 feet for
Lots 1 2 and 3 and a front setback for Lot 4 that is mid•wav between
the setbacks of Lot 3 and Lot 5.
Seconded by Councilmember Koppen Ayes - all
2. 7:15 P.M.: Dr. Mary Pariseau (11th Avenue)
a. Mayor Bastian convened the meeting for a public hearing regarding a
proposal by Dr. Mary Pariseau, D.D.S., to build a 1,600-square-foot,
one-story dental clinic on a 1.5-acre site on the north side of 11th
Avenue, between White Bear Avenue and Ariel Street.
b. Manager McGuire presented the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following person was heard:
Greg Pariseau. representing Dr. Mary Pariseau
e. Mayor Bastian closed the public hearing.
Land Use Plan Change (R-3(H) to LBC) -
f. Councilmember Carlson introduced the following Resolution and moved its
- adoption:
95-09-105
- LAND USE PLAN CHANGE RESOLUTION
WHEREAS, Dr. Mary Pariseau D.D.S. applied for a change to the City's
land use plan from R-3(H) (residential high density) to LBC (limited
business commercial).
WHEREAS, this change applies to the undeveloped 1.5-acre tract on the
north side of 11th Avenue between White Bear Avenue and Ariel Street.
WHEREAS, the history of this change is as follows:
1. The Planning Commission held a public hearing on September 5,
1995. City staff published a hearing notice in the Maplewood
Review and sent notices to the surrounding property owners as
required by law. 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
the plan amendment.
2. The City Council discussed the plan amendment on September 25,
1995. They considered reports and recommendations from the
Planning Commission and City staff.
9-25-95 8
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
. described change for the following reasons:
- 1. It would be consistent with the comprehensive plan's policies
for commercial development.
_ 2. This site would be a transitional land use between the existing
commercial land uses and the proposed townhouses to the east.
3. The proposed commercial development would be more compatible
with traffic conditions on 11th Avenue than residential uses.
4. There is similar commercial development to the west of this
site.
Approval is for one year. If the applicant has not obtained a building
permit in one year, the City Council shall reconsider this land use plan
change.
Seconded by Councilmember Koppen Ayes - all
Zoning Map Change (F to LBC) (4 Votes)
f. Councilmember Carlson introduced the followin4 Resolution and moved its
ado~ti on
95-09-106
REZONING RESOLUTION
WHEREAS, Dr. Mary Pariseau D.D.S. applied for a rezoning from F (farm
- residence) to LBC (limited business commercial).
WHEREAS, this rezoning applies to a 1.5-acre tract on the north side of
11th Avenue between White Bear Avenue and Ariel Street. The legal
description is:
The Northeast 1/4 of the Southeast 1/4 of the Northwest 1/4
of Section 11, Township 29, range 22, Ramsey County, MN
except the north 278.94 feet and except the east 403 feet
thereof.
WHEREAS, the history of this rezoning is as follows:
1. The Planning Commission reviewed this rezoning on September 5,
1995. They recommended that the City Council approve the
rezoning.
2. The City Council held a public hearing on September 25, 1995.
The City staff published a notice in the Maplewood Review and
sent notices to the surrounding property owners as required by
law. The Council gave everyone at the hearing an opportunity to
speak and present written statements. The Council also
considered reports and recommendations from the City staff and
Planning Commission.
9-25-95 9
NOW. THEREFORE, BE IT RESOLVED that the City Council approve the above-
described rezoning for the following reasons:
1. The proposed change is consistent with the spirit, purpose and
intent of the zoning code.
_ 2. The proposed change will not substantially injure or detract
from the use of the 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, sewer, police and fire
protection and schools.
Seconded by Councilmember Koppen Ayes - all
H. AWARD OF BIDS
1. 35.000 6VW Single Axle Truck
a. Mayor Bastian introduced the staff report.
b. Direction of Public Works Haider responded to questions regarding the
function of the truck.
c. Councilmember Koppen moved to approve the purchase of the 35.000 GVW
Single Axle Truck on the State Contract through Bover Ford for
$47.598.40.
Seconded by Councilmember Carlson Ayes -all
I. UNFINISHED BUSINESS
1. Holiday Store, Lower Afton & MdCnight Roads
Land Use Plan (CO to BC)
Zoning Map Change (CO to BC) (4 Votes)
Code Change .(Minor Motor Fuel Stations) (4 Votes)
Conditional Use Permit
a. Mayor Bastian stated a l etter had been received from the applicant
requesting this item be tabled until December 11, 1995.
b. Councilmember Carlson moved to table this item and continue the public
hearing for Holiday Companies until December 11 1995 as requested
Seconded by Councilmember Koppen Ayes - all
9-25-95 10
J. NEW BUSINESS
1. Certification of Cleanup Cost
a. Manager McGuire presented the staff report.
b. Direction of Public Works Haider presented the specifics of the report.
c. Council directed staff to investigate further regarding legal aspects of
_ the City determining what constitutes a "nuisance" and prepare some
guidelines for Council review.
2. Park & Recreation User Fee Study -Cost/Revenue Analysis
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson 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:
Peter Fisher, Park & Recreation Commission
d. Councilmember Koppen moved to accept the User Fee Study. approve the
concept of increasing fees at the rate of 100 for Adult Sports. 80X for
Youth Sports and 60X for General Recreation Programs with emphasis on
not turning any youth away for lack of funds. .and the specification that
adult programs will not be subsidized..
Seconded by Councilmember Carlson Ayes - all
3. Charitable Gambling Donation Request - Red Ribbon Campaign
a. Mayor Bastian presented information about the request and the upcoming
parade and other activities.
b. Mayor Bastian moved to approve a donation from Charitable Gambling Funds
not to exceed $500 for costs associated with the Red Ribbon Campaign.
Seconded by Councilmember Koppen Ayes - all
4. "Safe and Sober" Resolution
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins presented the specifics of the report.
c. Councilmember Koppen introduced the following Resolution and moved its
adoption:
9-25-95 11
95 - 09 - 107
RESOLUTION OF THE City OF MAPLEWOOD _
WHEREAS the National Highway Traffic Safety Administration, together with the
Minnesota Department of Public Safety, under a program entitled "Safe & Sober 96,"
has called for grant proposals from law enforcement agencies for funds to increase
seat belt usage and reduce incidents of speeding and drunk driving within the
community: and
WHEREAS the City of Maplewood is presently ranked 13th among comparably sized
Minnesota cities for persons killed and injured in traffic accidents involving
failure to wear seat belts and 11th among comparably sized Minnesota cities for
persons killed and injured in alcohol-related accidents; and
WHEREAS the safety of the lives and property of residents and motorists in the
City of Maplewood is a matter of concern to this Council; and
WHEREAS a prerequisite for municipalities to receive these grant funds is the
existence of a resolution authorizing the Police Department to enter into an
agreement with the Department of Public Safety for this purpose;
NOW. THEREFORE, BE IT RESOLVED that the Maplewood Police Department is authorized
to enter into a grant agreement with the Minnesota Department of Public Safety,
Office of Traffic Safety, for the project entitled SAFE & SOBER COMMUNITIES during
the period from October 1, 1995, through September 30, 1996; and
BE IT FURTHER RESOLVED that Kenneth Collins, Chief of the Maplewood Police
Department, is hereby authorized to execute such subsidiary agreements as are
necessary to implement the project on behalf of the Maplewood Police Department.
Seconded by Mayor Bastian Ayes - all
5. Write-Off Uncollectible Ambulance Bills for 1993
a. Manager McGuire presented the staff report.
b. Director of Finance Faust presented the specifics of the report.
c. Councilmember Carlson moved to authorized staff to write off $84.115.19
of 1993 ambulance bills as uncollectible.
Seconded by Councilmember Rossbach Ayes - all
K. VISITOR PRESENTATIONS
NONE
9-25-95 12
L. COUNCIL PRESENTATIONS
1. Weaver School
a. Councilmember Rossbach commented on a letter from Steve Luken regarding
a request for Charitable Gambling Funds for a Weaver School activity in
Mid-October.
b. Manager McGuire stated this item would be on the October 9 Agenda,
providing the organization was eligible.
2. Mayor's Update
a. Mayor Bastian commented on several items:
1) 15th Annual STAR Conference, October 24 - 26, at Sheraton Park
Hotel.
2) Letter from the Department of Agriculture, stating the area had
tested Gypsy Moth free after the spraying, and thanked the City
and its Police Officers for all the cooperation.
3) A letter from Metropolitan Mosquito Control regarding tires at
East County Road B.
4) A class regarding Electro-Magnetic Field Litigation (stray
voltage from power lines).
M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT OF MEETING
8:47 P.M.
i' /.weal ~ e° l'PJ ~ G2
'~uc' le E. Aurelius, City Clerk
9-25-95 13