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:
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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.
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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
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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
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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
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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
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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
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