HomeMy WebLinkAbout12.15.88 Continuation of 12.12.88 Meeting MINUTES OF MAPLEWOOD CITY COUNCIL
5:00 P.M., Thursday, December 15, 1988
Council Chambers, Municipal Building
RQCOnyened Meeting No. 88-29
A. CALL TO ORDER
-The December 12, 1989 regular meeting was reconvened at 5:00 P.M., in the Council
Chambers, Municipal Building, and was called to order at 5:00 P.M., by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Absent
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
F. PUBLIC HEARINGS (Continued)
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 request
of First State Bank of Hugo for approval to vacate the Walter Street and alleys.
b. Manager McGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Mayor Greavu called for persons who wished to be heard for or against the
proposal. The following expressed their views:
Letter from Scharffbillig, 1893 Phalen Place
Bill Litton, 1096 Frost Avenue
Frank Silberbauer, 1889 Walter
Ray Halsten, attorney representing the applicant.
e. Mayor Greavu closed the public hearing.
f. Councilmember Juker moved to table the vacation until after the assessment
hearing is held.
Seconded by Mayor Greavu. Ayes - all.
G, AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Walter Street Project 84-14 (4 Votes) (Continued)
a. Manager McGuire presented the Staff report.
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b. Director of Public Works Haider presented the specifics of the proposal.
c. Mayor Greavu called for persons who wished to be heard for or against the
proposal. None were heard.
d. Mayor Greavu closed the public hearing.
e. Councilmember Anderson introduced the following resolution and moved its
adoption•
88 - 12 - 209
WHEREAS, after due notice of public hearing on the construction of street
and utilities on Walter Street, Frost Avenue to Fenton Avenue, City Project
84-14, a hearing on said improvement in accordance with the notice duly given
was duly held on November 28, 1988, and the council has heard all persons
' desiring to be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
1. That it is advisable, expedient and necessary that the City of
Maplewood construct street and utilities on Walter Street, Frost
Avenue to Fenton Avenue, City Project 84-14, as described in the
notice of hearing thereof, and orders the same to be made.
2. The City Engineer is designated Engineer for this improvement
and is hereby directed to prepare final plans and specifications
for the making of said improvement.
Seconded by Councilmember Juker. Ayes - all.
2. Conditional Use Permits: Larpenteur Avenue and Sylvan Street ( St. Paul
Water Utility)
a. Manager McGuire presented the Staff report.
b. Director of Community Development Olson presented the specifics of the
request.
c. Mayor Greavu introduced the. following resolution and moved its adoption:
88 - 12 - 210
WHEREAS, the St. Paul Water Utility initiated a conditional use permit
to construct a clear-water pond at the following-described property:
Lots 1 thru 10, Block 5, Lots 1 thru 19, Block 10, Lots 1 thru 8
and all of Lot 19, Block 9, St. Aubin & Dion's Rice Street Addition,
together with those portions of vacated alleys and vacated park
Street, Kingston Avenue and Price Avenue accruing thereto, subject
to the Soo Line Railroad right-of-way, and the following:
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That portion of the Southwest one-quarter of the Southwest one-
. quarter of Section 18, Township 29 North, Range 22 West, described
as follows:
Commencing at the Southwest corner of said Section 18 thence
North along the West line of said section a distance of 878.66
Peet; thence East along the North line of St. Aubin & Dion's
Rice Street Addition a distance of 548.1 feet to the point of
beginning; thence Easterly along the North line of St. Aubin &
Dion's Rice Street Addition a distance of 414 feet; thence North
8 degrees 11' 00" East a distance of 264 feet; thence West along
a line parallel with the North line of St. Aubin & Dion's Rice
Street Addition a distance of 474 feet; thence Southerly along
the Easterly line of the Soo Line right-of-way to the point of
beginning.
Ramsey County, Minnesota.
This property is also known as the northwest corner of Larpenteur and Sylvan.
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 September 19, 1988. The Planning Commission recommended
to the City Council that said permit be approved.
2. The Maplewood City Council held a public hearing on October 10, 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 MAPLEW00D CITY COUNCIL that the
above-described conditional use permit be approved on the basis of the fol-
lowing 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.
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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 Gity.
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 pond shall only be used to store clarified water from the spent
lime lagoons.
2. A landscaping plan, showing enough landscaping to create a more
park-like atmosphere, shall be submitted for staff approval.
3. There shall be no dumping or storing of borrow materials on the
site.
4. The pump station shall be placed underground.
5. There shall be no odors from the pond.
6. The hours of operation shall be after 7:00 A.M. and before 7:00 P.M.
7. The city may require a fence around the pond at a later time if a
'problem develops.
8. No hauling debris shall accumulate on surrounding public streets.
9. The pond shall be kept in operation £or at least eight months of
the year. It shall not be drained, except for maintenance or unfore-
seen circumstances that result in a temporary draining.
10. The area surrounding the pond will be kept mowed and any trash picked
up.
Seconded by Councilmember Anderson. Ayes - all.
3. Code Amendment: Abandoned or Junk Vehicles (2nd Reading)
a. Manager McGuire presented the Staff report.
b. Councilmember Juker moved to table this item until the next Council meeting.
Seconded by Councilmember Anderson. Ayes - all.
4. Cypress St: Knollwood Circle (Goff Homes)
a. Preliminary Plat
b. Rezoning.
- 4 - 12/15
1. Manager McGuire presented the Staff report.
Z. Bruce Hilger, representing Goff Homes, spoke on behalf of the
proposal.
3. Stan Linnell, Landscape Architect, explained what landscaping would
be completed.
4. Mayor Greavu introduced the following resolution and moved its adoption:
(Rezoning)
88 - 12 - 211
WHEREAS, the City of Maplewood initiated a rezoning from F, farm resi-
den~e to R-1, single dwelling for the following-described properties:
1. Sub to Co Rd C and Ex W 247 5/10 ft and Ex E 247 5/10 ft,
the N 888 8/10 ft of W 1/2 of E 1/2 of NW 1/4 of Sec 9 Tn 29
Rn 22. This property is commonly known as 970 East County
Road C.
2. Part of Lot 1 Blk 2 Peters Add Lying N of a Line 89.24 ft S
of Most Nly Cor of Sd Lot & S of a Line 145 ft S of N Line of
Sec 9 T 29 R 22 & E 247,5 ft of N 888.8 ft of W 1/2 of NE 1/4
of NW 1/4 Lying S of Fol Desc Line; Beg on Wly Line of Cypress
St & 145 ft S of N Line of Sd Sec, Th W 16.84 ft, th angle L 40
deg for 95.03 ft, th NWly at RA to S Line of N 145 ft, Th W on
sd Line to W Line of E 247.5 ft & there term, all in NE 1/4 of
NW i/4 of Sec 9, Tn 29 Rn 22.
3. Part of Lot 1 Blk 2 Peters Add & Part of W 1/2 of NE 1/4 of
NW 1/4 Desc as Beg on NL of sd 1/4 & EL of Sd id 1/2 also being
WL of Cypress St. Th Sly on sd WL ST to Line run par to & 145
ft S of NL Sd NW 1/4 Th W on Sd Par Line 16.84 ft Th Ang left
40 Deg 95.03 ft Th NWly at RA to Sd SL of N 145 ft Th E on sd
SL to Pt 100 Ft W of EL of Sd W 1/2 Th N to NL NW 1/4 Th E to
Beg (Subj to Rd) in Sec 9 Tn 29 Rn 22.
This property is commonly known as 1000 East County Road C.
4. N 145 ft of w 147.5 Ft of E 247.5 ft of W 1/2 of NE 1/4 of NW
1/4 (Subj to Rd) of Sec 9 Tn 29 Rn 22.
This property is commonly known as 988 East County Road C
WHEREAS, the procedural history of this rezoning is as follows:
1. This rezoning was initiated pursuant to Chapter 36, Article VII
of the Maplewood Code of Ordinances.
2. This rezoning was reviewed by the Maplewood Planning Commission
on November 7, 1988. The Planning Commission recommended to the
City Council that said rezoning be approved.
3. The Maplewood City Council held a public hearing on December
15, 1988, to consider this rezoning. Notice thereof was pub-
d fished and mailed pursuant to law. All persons present at
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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 rezoning be approved on the basis of the following findings
of fact:
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 neigh-
borhood, and that the use of the property adjacent to the area in-
cluded 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 faci-
lities, such as public water, sewers, police and fire protection
and schools.
5. Approval would eliminate any farm-related nuisances that may occur
that would be incompatible with this single-dwelling neighborhood.
Seconded by Councilmember Anderson. Ayes - all.
5. Mayor Greavu moved to approve the Knollwood Circle Preliminary Plat,
subject to the following conditions:
a, The following conditions must be met before final plat approval:
1. City staff approval of final grading, erosion control, utility,
drainage, street and tree preservation plans. The storm sewer
plan shall address the localized flooding problem that occurs
in the vicinity of proposed lot one.
2. The development shall comply with the tree preservation re-
quirements of the Environmental Protection Ordinance. At
least 65 existing or newly planted trees shall be on the site
when construction is complete.
3. Submit a signed developer's agreement with the required surety
for all required public improvements.
4. Correct the legal description.
b. Any grading or extraction of sand or gravel must comply with the
City's mineral and soil excavations and extractions ordinance
(Chapter 36, Article IV), with the following exceptions and
additions:
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L Site grading within thirty-feet of an adjoining property
line shall not commence until all of the sand and gravel
excavation activity has ceased, as determined by the City
Engineer, except that no grading or excavation shall be
permitted within thirty feet of the west property line.
2. No noise from equipment is permitted before 8:00 A.M. or
after 4:00 P.M. No activity is permitted on Saturdays, Q W~?
Sundays or holidays.
3. Soil material shall not be tracked onto Cypress Street
or County Road C.
4. Submit a $5,000 letter of credit and a signed mineral
extraction agreement to the City Engineer, as directed
by Section 36-412 of City code.
5. Submit a schedule for the duration of all grading and
gravel extraction activity on this site. This schedule
shall address erosion control, extraction, rehabilitation,
rough and final grading.
Seconded by Councilmember Anderson. Ayes - all.
5. Authorization to Hire Permanent Part-Time Clerk-Typist.
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to authorize the hiring of a part-time Clerk Typist
for Community Development Department as approved by Council in the 1989
Budget T
Seconded by Councilmember Rossbach. Ayes - all.
NEW BUSINESS
1. Parking Space Authorization: 2080 Rice Street (Schroeder Milk Company)
a. Manager McGuire presented the Staff report.
b. Director of Community Development Olson presented the specifics of the
proposal.
c. Mr. Schroeder, 2080 Rice Street, the applicant, spoke on behalf of his
request.
d. Councilmember Anderson moved to approve the plans as stamped October 13
1988 for the Schroeder Milk building and site expansion subject to the fol-
lowing conditions:
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1. Authorization for fewer parking spaces than code requires. If the
79 spaces allowed do not adequately serve the applicant's parking
needs, more spaces shall be provided. This revised parking plan
- shall be subject to Review Board approval.
2. All trash dumpsters shall be stored in screening enclosures with
a 100 opaque wooden gate and shall be a color and material com-
patible 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.
3. All exterior building or roof-tqp equipment shall be decoratively
screened and hidden from view. This screening shall be subject to
Board approval.
4. An erosion control plan, acceptable to the City Engineer, shall be
submitted prior to the issuance of the grading and building permits
for erosion control during construction.
5. Grading, drainage and utility plans shall be subject to the City
Engineer's approval. Storm water retention shall be provided on-
site and shall not adversely affect adjacent properties.
6. All parking and driveway areas shall have bituminous paving.
All 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. Landscaped islands
within the parking lot shall also be curbed.
7.,. If construction has not begun within two years of approval,
Board review shall be repeated.
8. Site security lighting shall be provided and shall be directed
or shielded so not to cause any undue glare onto adjacent proper-
ties or roadways.
9. 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.
10. The new maintenance garage shall not be constructed until the
Review Board has approved the architectural plans for this
building. If this building would be metal, a conditional use
permit must be obtained as required by ordinance.
11. Business signage is not part of this approval. Signs shall be
reviewed by staff upon application for sign permits.
12. A building address shall be installed subject to the Fire Marshal's
approval.
13. The applicant shall submit a check for the installation of a side-
walk along the Rice Street frontage. This escrow shall be in the
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amount of 1509 of the cost of the sidewalk installation. The es-
crow shall be returned to the applicant if the City Council does
not require this sidewalk as part of the City's sidewalk plan.
14. Prior to the issuance of a building permit, the applicant shall
provide the City with written documentation of their obtaining
an access easement from the property owner to the north.
15. On-site fire hydrants shall be provided, subject to the Fire
Marshal's approval.
16. All old flammable liquid tanks shall be removed, subject to the
Fire Marshal's approval.
17. The landscape plan shall be revised For board approval to provide;
a. Trees along the north property line from the front of
the site to the west line of the Cub Foods building.
b. Trees along the south side of the southerly truck
entrance for a distance of 260 feet east of the front
lot line.
18. All green areas shall be sodded, except for those areas behind
Cub Foods and east of the site which shall be sod or seed.
19. All required landscape areas shall be continually and properly
maintained.
20. All required plant materials that die shall be replaced by the
owner within one year.
21. Reflectorized stop signs and two handicap parking signs shall be
provided.
22. All public boulevard that is disturbed due to this construction
shall be restored and re sodded.
23. The dock area on the south side of the building shall be screened
from Rice Street in a manner acceptable to the Review Board.
24. The applicant shall provide a monetary guarantee, in a form
acceptable to staff, in the amount of 1509 of the estimated cost
of any site improvements that are not completed by occupancy.
25. Approval of plans by the Community Design Review Board does not
constitute approval of a building permit.
26. All fuel pumps shall be toward the rear of the site.
Seconded by Councilmember Juker. Ayes - all.
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_
2. Street Plan Revision: West of the Mall
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
proposal.
c. The following persons expressed their views:
Jim Phillippi, North Star Engineering, representing one of the property
owners.
Bob Hajicek, 1700 E. County Road D, owner of property
Bill Knutson, Associate Administrator of St. John's Northeast
d. Mayor Greavu moved that the guidelines for street development between
the Maplewood Mall and Hazelwood Avenue shall be revised as follows:
1. The following streets shall be included in development plans for the
area:
a. Kennard Street - Beam Avenue to County Road D
b. Southlawn Drive from Beam Avenue to County Road D
c. An east west street(s) connecting Hazelwood Avenue and the
Maplewood Mall ring road.
2. Specific alignments will be determined at the time that development
plans are submitted to the City.
Seconded by Councilmember Anderson. Ayes.- all.
3. Moratorium on Gas Sales
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
proposal.
c. Jim Phillippi, North Star Engineering, spoke against a moratorium.
d. Councilmember Juker moved to the following:
1. Establish a six-month moratorium on new applications for motor
fuel stations, except for a C.D.R.B, application at the Lower
Afton Road and McKnight Road Project.
2. Direct Staff to revise and update the City's motor fuel station code.
Seconded by Councilmember Rossbach. Ayes - Councilmembers Anderson, Juker
and Rossbach
Nay - Mayor Greavu.
4. Rezoning Initiation: White Bear Avenue and 11th Avenue (Amoco)
- 10 - 12/15
a. Manager McGuire presented the staff report.
b. Mayor Greavu moved to waive the petition requirement of signatures of
50~ of the surrounding property owners
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Anderson and Rossbach
Nay - Councilmember Juker.
5. Resolutions - Liquor Licenses Annual Approval
a. Manager McGuire presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption•
88-12-212
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY,
MINNESOTA, that the following On-Sale Liquor Licenses having been previously
duly issued by this Council, are hereby approved for renewal for one year,
effective January 1, 1989, with approval granted herein subject to satisfac-
tory results of required Police, Fire and Health inspections:
Applebee's Keller Clubhouse
2112 Maplewood Mall 2166 Maplewood Drive
3001 White Bear Avenue
Keller Lake Lounge
Bali Hai Restaurant 2280 Maplewood Drive
1820 White Bear Avenue
Maple Wheel Lounge
Beau's Food & Spirits 2220 White Bear Avenue
1745 E. Cope Avenue
Maplewood Bowl
Day's Inn 1955 English Street
1780 E. County Road D
Nicky's
D. G. Burgers Corp. 2515 White Bear Avenue
2441 Highway 61
M. T. Pockets
Chalet Lounge 70 East County Road B
1820 Rice Street
Red Lobster Restaurant #283
Dean's, Inc. 2925 White Bear Avenue
1986 Rice Street
Red Rooster Liquor Lounge
Esteban's 2029 Woodlynn Avenue
3069 White Bear Avenue
Rocky Rococo
Fox & Hounds 1935 Beam Avenue, Suite #100
1734 Adolphus
T-Bird's Nite Club
Garrity's 3035 White Bear Avenue
1696 White Bear Avenue
Gulden's
2999 N. Highway 61
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Seconded by Councilmember Rossbach. Ayes - all.
c. Mayor Greavu introduced the following resolution and moved its adoption:
88 - 12 - 213
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY,
MINNESOTA, that the following Off-Sale Liquor Licenses having been previously
duly issued by this Council, are hereby approved for renewal for one year,
effective January 1, 1989, with approvals granted herein subject to satis-
factory results of required Police, Fire and health inspections:
Laber's Liquors Red Wagon Liquors
1730 Rice Street 2280 Maplewood Drive
Maplewood Wine Cellar Sarrack's International Wine & Spirits
1281 Frost Avenue 2305 Stillwater Road
Party Time Liquors Spark Liquors
1730 Van Dyke 2515 White Bear Avenue
Seconded by Councilmember Rossbach. Ayes - all.
J. VISITOR PRESENTATIONS
1. Roger Galt
a. Mr. Galt, owner of the adjacent property where the proposed Amoco develop-
ment is located, expressed his views regarding the proposal.
K. COUNCIL PRESENTATIONS
1. Setback Ordinance
a. No Discussion.
2. English and Cope
a. Councilmember Juker commented on the situation where a developer had been
working on the property at English and Cope and has left a mess.
b. Councilmember Anderson moved to refer the problem to the staff to in-
vestigate.
Seconded by Councilmember Juker. Ayes - all.
L. ADMINISTRATIVE PRESENTATIONS
I None.
M. ADJOURNMENT
7.:06 P.M.
City Clerk