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HomeMy WebLinkAbout06.01.88 SM MINUTES OF MAPLEWOOD CITY COUNCIL - 7:00 P.M., Monday, June 1, 1988 Municipal Administration Building Meeting 88 - 12 A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:03 P.M., 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 AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Brooks Court 2. Closed Session for Pending Litigation Seconded by Councilmember Juker. Ayes - all. D. UNFINISHED BUSINESS 1. 831 No. Century Avenue (Dege Garden Center) a. Renewal and Revision of the Conditional Use Permit (3 Votes) 1. Manager McGuire presented the Staff report. 2. Councilmember Rossbach introduced the following resolution and moved its adoption: 88-6- 84 WHEREAS, George Dege initiated a conditional use permit revision to include a residential garage and delete the indoor/outdoor sales area from the 1971 permit for a parking lot in an R-1 zone. The property is described as Lots 31 and 32, Block 1, Cahanes Acres. This property is also known as 831 North Century ,Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This permit was approved on June 3, 1971, and revised on December 8, 1986, to allow an expansion, of the parking lot and an indoor/outdoor sales area. 6/1 2. Mr. Dege requested a revision to the permit in 1988 to include a garage and exclude the indoor/outdoor sales area. 3. This conditional use permit revision was reviewed by the Maplewood Planning Commission on April 4, 1988. The Planning Commission recommended to the City Council that said permit be approved, except for the garage. 4. The Maplewood City Council held a public hearing on May 23, 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 con- . sidered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the 1971 conditional use permit revised in 1986 for an off-street parking lot is renewed and revised to include a garage and exclude the indoor/outdoor sales area. Approval is based on the following findings: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of the zoning code. 2. The establishment or maintenance of the use would not be detri- mental 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 proper- ties. 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. 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. 11. The City Attorney has ruled that outdoor sales cannot be approved with a conditional use permit in an R-1 district. -2- 6/1 _ 12. The zero setback to the R-1 zone to the west is justified since the R-1 zone is developed as a commercial parking lot. 13. The existing setback to the south lot line is justified since the canopy is an extension of the existing building line and removing part of the canopy to meet the setback would be less attractive and expose storage and sales items to view. Approval is subject to the following conditions: i 1, The site plan submitted b'y Mr. Dege on October 27, 1986, shall be revised based on a survey of the south lot line and the west line of the canopy. The revised plan and the remodeling plans submitted on December 15, 1987, and May 23, 1988, shall be con- sidered part of this permit, except for any change must be ap- proved by the Community Design Review Board. 2. The parking lot may only be used for parking for the garden center building. 3. No commercial use for sale, storage, display or advertising signs of garden materials, plants, or any other kinds of goods shall be allowed anywhere on the legally described property to which this conditional use permit is issued or the parking lot. 4. No portion of this site or parking lot shall be used for truck or trailer storage. 5. Review, renewal or revocation of this permit shall in accordance with City code. 6. Any trees on the site that die must be replaced. 7, No exterior lighting or speakers shall be allowed. 8. The canopy shall not be enclosed for year around use. 9. Sales under the canopy or outdoors shall be limited to garden products from March through October. No other type of sales or storage shall be allowed. 10. Council may require removal of the canopy for additional parking or to reduce parking demand if the use changes. 11. A fence does not have to be constructed along the south lot line. Seconded by Councilmember Juker. Ayes - all. b. Garage Removal Deadline 1. Councilmember Juker moved that the deadline for the QaraQe removal be September 30, 1999. Motion died for lack of a second. - ~ - 6/1 2. Councilmember Bastian moved to table the establishment of a date for the garage removal. 3. Councilmember Bastian moved to withdraw his motion to table. 4. Councilmember Anderson moved that the garage would be scheduled to be removed by September 30 1988 and that the fence does not have to be put up by Mr. Dege; if the fence would have to be installed the costs would be shared by both interested parties. Seconded by Mayor Greavu. Ayes - all. c. Reconsider Comprehensive Plan Amendment for the Outdoor Sales Area. 1. Councilmember Rossbach moved to reconsider the comprehensive plan amendment for the outdoor sales area. Seconded by councilmember Bastian. Ayes - all. d. Suspend the Rules of Procedure to Vote on the Plan Amendment, Rezoning and Parking. 1. Councilmember Bastian moved to suspend the Rules of Procedure to vote on the plan amendment, rezoning and parking. Seconded by Councilmember Juker. Ayes - all. e. Amend the Comprehensive Plan from RL to SC for the Outdoor Sales Area (4 Votes) i. Councilmember Juker introduced the following resolution and moved its adoption• 88-6-85 WHEREAS, the City Council initiated an amendment to the Maplewood Comprehensive Plan from RL, residential low density to SC, service commercial for the easterly 24 feet of Lots 31 and 32, Block 1, Cahanes Acres; This property is more commonly described as the Dege Greenhouse outdoor sales area. WHEREAS, the procedural history of this plan amendment is as follows: I, 1. The Maplewood Planning Commission held a public hearing on April 4, 1988, to consider this plan amendment. Notice thereof was published and mailed pursuant to law: All persons present at said hearing were given an opportunity to be heard and pre- sent written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. - 4 - 6/1 _ _ _ 2. The Maplewood City Council considered said plan amendment on May 23, and June 1, 1988. The Council considered reports and recommendations from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described plan amendment be approved on the basis that the outdoor sales area on the Dege Garden Center property has operated since at least 1979 without adverse affect to the adjacent properties. Seconded by Councilmember Anderson. Ayes - all. f. Rezone the Outdoor Sales Area from R-1 to BC (4 Votes) 1. Councilmember Juker introduced the following resolution and moved its adoption• 88-6-86 WHEREAS, the City Council initiated a rezoning from R-1 to BC for the following-described property: The easterly 24 feet of Lots 31 and 32, Block 1, Cahanes Acres This property is also known as the outdoor sales area at 831 No. Century Avenue; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City Council pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commis- sion on April 4, 1988. ~€he Planning Coqunission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on May 23, 1988, to consider this rezoning. Notice thereof was pub- , lished and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and pre- sent 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 neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is ade- quately safeguarded. - 5 - 6/1 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. Outdoor sales have been conducted on this land since at least 1979 without complaint. 6. The outdoor sales area was approved with a conditional use permit on December 6, 1986. Seconded by Councilmember Rossbach. Ayes - all. g. Authorize Reduced Parking (3 Votes) Mayor Greavu moved to authorize 31 parking spaces, rather than the ;53 spaces required by code, on the following basis: 1. The business is seasonal. 2. The outdoor sales have been conducted since at least 1979 without a parking problem. 3. The garage and canopy could be removed for additional parking if the use changes. Seconded by Councilmember Juker. Ayes - all. h. C.D.R.B. Appeal 1. Mayor Greavu moved to suspend the rules and reopen this portion to the public. Seconded by Councilmember Juker. Ayes - all. 2. Mr. George Dege, the applicant, 2646 Harvester, presented a new design proposal regarding the fence. 3. Mayor Greavu called for persons who wished to be heard. The following stated their views: Don Gschlecht, 825 Mayhill Road, spoke on behalf of Mr. Dreher who was unable to attend the meeting. Lois Gschlecht, 825 Mayhill Road. - 6 - 6/1 _ 4. Mayor Greavu closed the public hearing. 5. Councilmember Anderson moved the adoption of Mr. Dege's appeal for the C.D.R,B. on the new set of clans as presented and that the requirement to build the fence be deleted. Seconded by Councilmember Juker. Ayes - all. 2. Code Amendment: Residential Uses and Home Occupations - 2nd Reading (4 Votes) a. Manager McGuire presented the Staff report. b. Director of community Development Olson presented the specifics of the proposal. c. Councilmember Bastian moved to table until the June 27 1988 Meetin Seconded by Councilmember Juker. Ayes - all. 3. Discussion - Emergency Preparedness a. Manager McGuire stated there are two requests to be considered; namely, to fill the vacancy created by the resignation of the Deputy Director and to review proposed changes to Chapter 11 of the City Code titled "Civil Defence". b. Larry Cude, the Director of Emergency Services, explained the specifics. c. Councilmember Bastian moved to table the request to fill the vacancy until the Manager's recommendation on staffing report has been presented or at budget preparation time, whichever comes first Motion died for lack of a second. d. Mayor Greavu moved to post the position for Deputy Director for ten days and to advertise in the "Maplewood Review" Seconded by Councilmember Juker. Ayes - Mayor Greavu, Council- members Anderson, Juker and Rossbach Nay - Councilmember Bastian e. Councilmember Bastian moved first reading of an ordinance to amend Chapter 11 of the City Code. Seconded by Councilmember anderson. E. OTHER BUSINESS 1. Brooks Court a. Councilmember Anderson questioned a problem that exists on Brooks Court. - 7 - 6/1 _ b. Staff will investigate. F. ADJOURNMENT 9:01 P.M. The Council recessed into a closed session regarding pending litigation. City Clerk - $ - 6/1