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HomeMy WebLinkAbout12.12.88 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, December 12, 1988 Council Chamber, Municipal Building Meeting No. 88-29 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 7:03 by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 88-21 (September 26, 1988) Councilmember Bastian moved that the Minutes of Meeting No. 88-21 (September 26, 1988) be approved as submitted. Seconded by Mayor Greavu. Ayes - all. 2. Meeting No. 88-24 (October 10, 1988) Councilmember Bastian moved that the Minutes of Meeting No. 88-24 (October 10, 1988) be approved as submitted. Seconded by Councilmember Anderson. Ayes- all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended; 1. Setback Ordinance 2. English and Cope 3. Add I-5, Approval of an Off-Sale Liquor License Seconded by Councilmember Bastian. Ayes - all. Councilmember Bastian moved to waive Rules of Procedures and extend this meeting to 11:00 P.M., and if any items of business are remaining, they be heard on December 15, 1988, at 5:00 P.M. Seconded by Mayor Greavu. Ayes - all. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Bastian, Aves - all, to approve the Consent Agenda Items 1 through 6 as recommended: 12/12 1. Approval of Claims Approved the claims as follows: ACCOUNTS PAYABLE: $ 399,901.42 Checks #8441 - #8501 ~ Dated 11-14-88 thru 11-30-88 $ 200,973.39 Checks #4743 - #4841 Dated 12-12-88 $ 600,874.81 Total per attached voucher/check register PAYROLL: $ 166,704.37 Payroll Checks $ 30,882.52 Payroll Deductions $ 197,586.89 Total Payroll $ 798,461.70 GRAND TOTAL 2. Budget Transfer Approved the following budget transfers: 1. A $1,560 transfer from the General Fund contingency Account to Account 101-201-4480 for insurance consultant costs. 2. A $2,880 transfer form the General Fund Contingency Account to Account 101-202-4480 for accounts receivable software modifi- cations. 3. Final Acceptance: Projects 86-11, 86-21, 87-10,87-37 and 88-06 Resolution No. 88 - 12 - 199 WHEREAS, the City Engineer for the City of Maplewood, Minnesota, has determined that Highwood Addition, City Project 86-11 is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 86-11 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. Resolution No. 88 - 12 - 200 WHEREAS, the City Engineer for the City of Maplewood has determined that Tilsen's 14th Addition, City Project 86-21 is complete and main- i tenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. - 2 - 12/12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 86-21 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. Resolution No. 88 - 12 - 201 i WHEREAS, the City Engineer for the City of Maplewood has determined that Highwood Estates, City Project 87-10 is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that Cit Project 87-10 is com lete and maintenance of these I~ Y J P improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. ''Resolution No. 88 - 12 - 202 WHEREAS, the City Engineer for the City of Maplewood has determined that Parkway Terrace, City Project 87-37 is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 87-37 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. Resolution No. 88 - 12 - 203 WHEREAS, the City Engiener for the City of Maplewood has determined that Larpenteur at T.H. 120 - Water Main Extension,"City Project 88-06 is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 88-06 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. 4. Metropolitan Waste Control Commission Joint Use Rental Acceptance Resolution No. 88 - 12 - 204 The Metropolitan Waste Control Commission and the City of Maplewood agree to renew the Joint Use Rental Agreement No. 150 under the same terms and conditions contained in the Agreement which is currently in force be- tween these parties. The renewal period for Joint Use Rental Agreement No. 150 shall be January, 1988 - December 31, 1988. That both parties agree to the renewal period and terms is evidenced by the signatures affixed to this statement. 5. Correct Resolution Resolution No. 88 - 12 - 205 WHEREAS, the City of Maplewood initiated proceedings to revise resolution 88 - 2 - 20 (vacation of a portion of Sterling Street - 3 - 12/12 right-of-way) to correct the legal description for the portion of the right-of-way that was vacated on February 22, 1988. WHEREAS, the legal descriptions for the affected properties were properly identified in Resolution 88 - 2 - 20, but the legal description for the vacated right-of-way was too vague as to the amount of right-of-way vacated. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the public interest to revise the legal description in Resolution 88 - 2 - 20 that pertains to .the vacated portion of Sterling Street right-of-way to read as follows: All of the Sterling Street right-of-way that is located in the south half of Section 13, Township 28, Range 22, which is south of the south line of the following-described property and south of the easterly extension of said south line: the north 487.99 MOL feet of the SE 1/4 of the SW 1/4 of Section 13, Township 28, Range 22. 6. Authorization For Part-Time Police Officer - PERA Coverage Resolution No. 88 - 12 - 206 WHEREAS, the City of Maplewood has hired John Kohl Fraser to serve as part-time police officer, and WHEREAS, the City of Maplewood desires that John Kohl Fraser be classified as a basic member of the Public Employees Police and Fire Fund: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEW00D, MINNESOTA, that pursuant to M.S.A. Section 356.64, subdivision 4, the. part-time police officer position held by John Kohl Fraser is a police officer position. BE IT FURTHER RESOLVED that the Director of Public Safety shall hereby cause employee contributions to be deducted from the salary of John Kohl Fraser according to the provisions of M.S.A. Section 353.27, subdivision 4. F. PUBLIC HEARINGS 1. 7:00 P.M., Lower Afton and McKnight Road a. Plan Amendment (4 Votes) b. Conditional Use Permit c. Traffic Study Request 'i 1. Mayor Greavu convened the meeting for a public hearing regarding the j request of S. B. Multi-family Fund II Limited Partnership for a planned unit development to construct a 33,600 square foot retail center, in- cluding four to six gas dispensers on two islands and a 152 rental townhouse units and community center. Z. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the details of the proposal. - 4 - 12/12 4. Commissioner Mike Ayers presented the Planning Commission report. 5. Board Member Roger Anitzberger presented the Community Design Review Board report. 6. Mr. Nick Boosalis and Mr. Sherman Boosalis, the developers, spoke on behalf of the proposal. 7. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Doug Alseth, 2358 Londin Lane Resident, 2360 Londin Lane Doris Peterson, 363 McKnightRoad Arnold Johnson, 2299 Londin Lane, owner of the property Terry Lewis, 457 O'Day Steve Gall, 455 Highpoint Curve Gary Grant, 2601 Mailand Road Jerry Johnson, 2445 Londin Lane Alan Anderson, owner of a shopping center in St. Paul across from this property Resident, 2455 Londin Lane Resident, 396 Dorland Road Resident, 328 So. McKnight 8. Mayor Greavu closed the public hearing. 9. Councilmember Bastian moved that an Environmental Assessment Worksheet be ordered regarding this proposal. Seconded by Councilmember Rossbach. Ayes - Councilmembers Bastian and Rossbach. Nays - Mayor Greavu, Councilmembers Anderson and Juker. 10. Mayor Greavu moved to approve the Planning Amendment from LSC to SC designation. Seconded by Councilmember Juker. Ayes - Mayor Greavu Nays - Councilmembers Anderson, Bastian, Juker and Rossbach Motion Failed. 11. Mayor Greavu introduced the following resolution and moved its adoption: 88 - 12 - 207 WHEREAS, SB Multifamily Fund 11 Limited Partnership initiated a conditional use permit for a PUD consisting of a 33,600-square-foot retail center and 152 multi-family housing units at the following- described property: - 5 - 12/12 Subject to old Lower Afton Road and McKnight Road and except south 450 feet of west 250 feet part of NW 1/4 of AIW 1/4 south of new Lower Afton Road in Section 12, Township 28, Range 22. This property is also known as 2299 Londin Lane, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on November 21, 1988. The Planning Com- mission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on December 12, 1988. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described conditional use permit be approved on the basis of the following findings-of-fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. - 6 - 12/12 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The development shall adhere to the plans and conditions approved by the Community Design Review Board, except that the density must comply with the City's comprehensive plan. Future changes to the plans must be approved by the Board. 2. All commercial uses shall conform with the BC(M) (business commercial [modified]) zoning district requirements. Res- taurants and a fuel station with no more than two gas dis- pensers on one island shall also be allowed, provided that the City's parking requirements are met. On-sale liquor shall not be allowed. 3. External speakers and lighting shall be directed away from dwelling units and the sound shall not exceed fifty desibels (normal conversation level), and light shall be shielded and not exceed five foot-candles at the property lines. 4. There shall be no exterior storage or sale of goods or mer- chandise. 5. The proposed construction must be substantially started within one year of Council approved or the permit shall become null and void. A six-month time extension may be requested as allowed in Section 36-442(d) of City code. 6. There shall be no vents for the underground fuel tanks within 200 feet of a residential property line or the buildable area of the planned residential development. 7. The type and anchoring of underground storage tanks shall be approved by the City Fire Marshal. The tanks shall be strapped to a concrete slab. 8. At the renewal or review of the conditional use permit, the Council may impose hours of operation to limit public or private nuisances associated with noise generated by the commercial property. Seconded by Councilmember Juker. Ayes - all. 12. Mayor Greavu moved to approve the site plan for Maplewood Town Houses and Retail Center at Lower Afton Road and McKnight Road subject to the following conditions: 1. The number of fuel pump dispensers is subject to City Council approval, based upon the land use designation. 2. All parking requirements shall be met for this facility to per- mit resturants in the retail center. - 7 - 12/12 3. Detailed signage, landscaping, grading/drainage and architectural plans must be submitted for Review Board approval. 4. Approval of plans by the Community Design Review Board does .not constitute approval of a building permit. 5. All trash dumpsters shall be stored in screening enclosures with a 1009 opaque wooden gate and shall be a color and material compatible with the building. Enclosures shall be protected by concrete-filled steel posts, or the equivalent, anchored in the ground at the front corners of the structure. If the enclosure is masonry, the protective posts may be omitted: 6. An erosion control plan, acceptable to the City Engineer, shall he submitted prior to the issuance of a building permit for erosion control during construction. 7. Parking areas shall be striped and all bituminous areas shall have continuous concrete curbing. Parking lots shall be kept in a continual state of repair. 8. If construction has not begun within 12 months of approval, Board review shall be repeated. 9. Site security lighting shall be provided and shall be directed or shielded so not to cause any undue glare onto adjacent properties or roadways. 10. If any adjacent property is disturbed or property irons re- moved due to construction of the site, that property shall be restored and irons replaced by the applicant. 11. Final grading, drainage and utility plans shall be subject to the City Engineer's approval. 12. Relectorized stop signs and handicap parking signs shall be provided. 13. All public boulevard that is disturbed due to this construc- tion shall be restored and resodded. 14. Five-foot-wide concrete sidewalks shall be provided from the rear parking lot to the .proposed townhouse development to the east and southeast. These concrete sidewalks shall be in- stalled when the adjacent townhouse complex has reached 709 occupancy to determine where pedestrian traffic would occur. The applicant shall provide a cash surety in the amount of 1509 of the cost of sidewalk completion prior to obtaining a building permit. Designated pedestrian crossing areas shall be provided in the parking area by cross-hatching and signing. - 8 - 12/12 _ _ _ 15. Five-foot-wide, concrete sidewalks shall be provided along McKnight Road and Lower Afton Road on public right-of-way adjacent to the proposed site. At all points of driveway crossing, the sidewalk must blend into the driveway grade. 16. An in-ground lawn sprinkling system shall be installed. 17. Building addresses shall be provided, subject to the Fire Marshal's approval. 18. Fire hydrants shall be provided if required by the Fire Marshal. 19. The applicant shall provide a monetary guarantee, in a form acceptable to Staff, in the amount of 1509 of the estimated cost of any side improvements that are not completed by oc- cupancy. 20. Berming between commercial and residential property on McKnight Road shall conform to Section 36-27, Townhouses 1. Approval of a conditional use permit for a planned unit develop- ment by the City Council. 2. 120 cubic feet of miscellaneous storage space in addition to normal closet space, shall be provided for each unit. 3. At least half of all parking stalls must be 10 feet wide; the I' remaining half may be no less than 9 feet wide. Handicap spaces 'shall be provided as required. I 4. Detailed signage, landscaping, grading/drainage and architectural plans must be submitted for Review Board approval. 5. Approval of plans by the Community Design Review Board does not constitute approval of a building permit. 6, All outdoor trash dumpsters shall be stored in screening enclo- sures with a 1009 opaque wooden gate and shall be a color and material compatible with the building. Enclosures shall be pro- tected by concrete-filled steel posts, or the equivalent, anchored in the ground at the front corners of the structure. If the en- closure is masonry, the protective posts may be omitted. 7. An erosion control plan, acceptable to the City Engineer, shall be submitted prior to the issuance of a building permit for erosion control during construction. 8. Parking areas shall be striped and all bituminous areas shall have continuous concrete curbing. Parking lots shall be kept in a con- tinual state of repair. 9. If construction has not begun within 18 months of approval, Board review shall be repeated. 10. Site security lighting shall be provided and shall be directed or shielded so not to cause any undue glare onto adjacent properties or roadways. _ 9 - 12/12 11. If any adjacent property is disturbed or property irons removed due to construction of the site, that property shall be restored and irons replaced by the applicant. 12. Final grading, drainage and utility plans shall be subject to the City Engineer's approval. 13. Reflectorized stop signs and handicap parking signs shall be provided. 14. All public boulevard that is disturbed due to this construction shall be restored and resodded. 15. Five-foot-wide concrete sidewalks to the retail center, as well as an internal bituminous trail network, shall be provided at 709 occupancy of the complex. This is to determine where pedes- trian traffic would occur in lawn areas. The applicant shall provide a cash surety in the amount of 1509 of the cost of trail completion, prior to obtaining a building permit. 16. The Londin Lane driveway shall line up with Dorland Road. 17. Five-foot-wide concrete sidewalks shall be provided along Londin Lane and Lower Afton Road on public right-of-way adjacent to the proposed site. At all points of driveway crossing, the sidewalk must blend into the driveway grade. 18. An in-ground lawn sprinkling system shall be installed.- 19. Building addresses shall be provided, subject to the Fire Marshal's approval. 20. Storm shelters shall be provided at the developer's design and loca- tion, subject to staff approval. Z1. Fire hydrants shall be provided if required by the Fire Marshal. 22. The applicant shall provide a monetary guarantee, in a form ac- ceptable to Staff, in the amount of 1509 of the estimated cost of any site improvements that are not completed by occupancy. Seconded by Councilmember Juker. Ayes - all. 3. 8:40 P.M., Street and Alley Vacation: Walter Street (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the street and alley vacation of Walter Street. b. Mayor Greavu moved to table Item F-3 and Item H-1 until 5:00 P.M. Thursday, December 15, 1988. Seconded by Councilmember Anderson. Ayes - all. - 10 - 12/12 4. 8:50 P.M., CUP Termination: 1060 No. Sterling Street (Montessori Day Care) a. Mayor Greavu convened the meeting for a public hearing regarding the request of School District No. 622 to terminate the conditional use permit at 1060 Sterling as the Montessori School and day care facility was no longer in operation. I b. Manager McGuire presented the Staff report. c. Mayor Greavu called for persons who wished to be heard for or against the proposal. No one was heard. d. Mayor Greavu closed the public hearing. e. Councilmember Bastian introduced the following resolution and moved its adoption: ii 88 - 12 - 208 I' WHEREAS, the Montessori Academy initiated a conditional use permit I to operate a day care facility at the following-described property: Plat of survey of a parcel of land in the southwest quarter of the northeast quarter of Section 25, Township 29, Range 22, Ramsey County, Minnesota, described as: except the North 68 feet of the South 288 feet of the East 170 feet and except the South 220 feet of the East 105 feet, the West 377.22 feet of the North 544.21 feet of said quarter quarter section. This property is also known as 1060 North Sterling Street, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was granted by the Maplewood City Council on October 25, 1982 and renewal for a five-year term on November 14, 1983; 2. This conditional use permit is no longer desired by the appli- cant since they have ceased this use at this location. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described conditional i€se permit be terminated. Seconded by Councilmember Juker. Ayes - all. ~ 2. 7:45 P.M., Gervais Avenue a. Plan Amendment (4 Votes) b. Conditional Use Permit 1. Mayor Greavu convened the meeting for a public hearing regarding the request of BBY Partnership for approval of a comprehensive plan amendment from LSC, Limited Service Commercial to RH, residential high density and a conditional unit for a planned unit development. - 11 - 12/12 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Michael Ayers presented the Planning Commission report. 5. Commissioner Dale Carlson presented the H.R,A, report. i j 6. Mayor Greavu moved to table this item to a special meeting, January 5, 1989, at 6:00 P.M. Seconded by Councilmember Juker. Councilmember Bastian moved to table this item until January 12 1989. Motion died for lack of a second. Voting on the original motion: Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nays - Councilmember Bastian. Council adjourned the meeting at 10:15 P.M. to reconvene at 5:00 P.M., Thursday, December 15, 1988.- , City Clerk - 12 - 12/12