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HomeMy WebLinkAbout12-10-90A. CA~L TO ORDER AGENDA MAFLE~OOD CITTCOUNCXL 7:00 P.H., Monday, December 10, 1990 and &:30 P.N., Thursday, December 13, 1990 Council Chambers, Hunicipal Building Heating No. 90 - 30 ROLL CALL APPROVAL OF HINUTES 1. Hinu~es of Heeting of November 19, 1990 2. Hinutes of Heeting No. 90-29, November 26, 1990 and November 29, 1990 D. APPROVAL OF AGENDA AP OINT S 1. Planning Com~ission CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by ~he 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. Budget Change - Tax Increment Fund 3. Budget Change Paying Agent Fees &. Budget Changes - Investment Nanagement Fees 5. Interfund Transfers - 1990 Bond Issue 6. Interfund Transfer - Unassessed Utility Improvements 7. Data Processing Cost -Allocation Plan 8. Desisnation of Official Depository and Financial Services Agreement 9. Resolution of Appreciation 10. Land Use Plan and Zoning Hap Chan~: Hishway 61, Be~mAvenue to County Road D 11. Time Extension: Knollwood Circle Preliminary Plat 12. Conditional Usa Permit Renewal: 2228 Haplewood Drive (Citgo S~atton) 13. Cancellation of Assessment Project 86-0~ o Sta~e l&. Easement Agreement Project 87-32 - Somers 15. Renewal of On and Off-Sale Liquor License~, FUBLIC HEARINGS 1. 2. 3. 7:00 P.H., Variance: 1177 Century Avenue. 7:10 P.M., Rezoning: 1285 Sterling Street (& Votes) 7:20 P.H., 2161-2205 County Road D Plan Amendment (& Votes) Rezoning (4 Votes) 7:40 P.M., ~ite Bear and Cope Avenue Plan Amendment (4 Votes) Rezontng (4 Votes), ~WARD OF BIDS UNFINISHED BUSINESS 1. Code Change: ReSidential Dedication By Developer PAC NEW BUSINESS 1. Community Center Advisory Committee' Recom~endation 2. Increase in License/Permit Fees and Service Charges 3. Ambulance Rates - 1991, Storm Sewer Assessment Policy 5. Soil Stockpiling 6. Termination of Conditional Use Permit: Lower Af=on and McKnisht Road PUD 7. Plan Amendment: 1071 - 1101 E. County Road B (4 Votes) 8. HRA's Annual Report 9. 1991 Recycling Contract VISITOR PRESENTATIONS COUNCIL PRESENTATIONS 1. 10. ~, L. ADMINISTRATIVE PRESENTATION~ M. ADJOURNMENT OF MEETING MINUTES OFMAPLE~OOD CITY COUNCIL 7:00 P.M., Monday, December 10, 1990 Council Chambers, Municipal Building Meeting No. 90-30 CALL TO 0RD R 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. Gary W. Bastian, Mayor Dale H. Carlson, Counctlmember Frances L. Juker, Counctlmember George F. Rossbach, Counctlmember Joseph A. Zappa, Councilmember Present Present Present Present Present C. APPROVAL OF MINUTES 1. Minutes of Meeting of November 19, 1990 Councilmember Zappa moved that the Minutes of the November 19, 1990 meetin~ be aDoroved as submitted; Seconded by Counctlmember Rossbach Ayes all 2. Meeting No. 90-29 of November 19, 1990 Councilmember Zappa moved that the Minutes of Meeting No, 90-29 (November 26 and 29, 1990) be apPrOved as corrected; Page 15, Item 5 "Seconded by Councilmember Juker" Seconded by Councilmember Carlson Ayes - all Seconded by Counctlmember Juker EA, APPOINTMENTS; 1. Planning Commission: b. APPROVAL OF AGENDA Mayor Bastian moved to aoorove the Agenda as amended; 1. League of Women Voters 2. Birch Run Station/Community Design Review Board 3. Mayors Report Ayes - all Manager McGuire presented the staff report. Counctlmember Zappa moved to approve the appointment of the followtnm to th~ Planning Commission; - 1. James Frost to fill the vacancy of Richard Barrett 1 12-10-90 2. Gary Pearson to fill the vacancy of Dennis Larson and to advertise for the third vacancy, Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson and Zappa Nays - Councilmembers Juker and Rossbach E. CONSENT AGENDA Councilmember Rossbach moved, seconded by Counctlmember Juker. Aves - all. to aoorove the Consent Agenda Items E-1 through E-ii and E-13 through E-15 as amended'; (Item 12 moved to 1-10) 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE; PAYROLL; $ 412,845.67 $ 84,840,30 $ 497,685.97 $ 200,643.19 $ 38,148,69 $ 238,791.88 $ 736,477.85 Checks ~11165 - ~11239 Dated 11-15-90 thru 11-30-90 Checks ~7657 ~8060 Dated 12-10-90 Total per attached voucher/check register Payroll Checks dated 11-21-90 Payroll Deductions 11-21-90 Total Payroll GRAND TOTAL 2. Approved a Budget Change of $1,910 from the Tax Increment ~2 Fund to pay Ramsey County for $1,401 of administrative costs incurred during 1988 and 1989 for tax increment districts within Maplewood, and $509 of the 1989 audit bill. 3. Approved Budget Changes totalling $3,330 to increase appropriations for paying agent fees on City bond issues. 4. Approved Budget Changes totalling $55,520 to increase appropriations to finance internal investment management fees. 5. Approved Interfund Transfers totalling $2,544,700 as follows: (A) From the Street Construction State Aid Fund to the Public Improvement Projects Fund for the following projects: $1,132,000 665,000 $1,797,000 86-07 Upper Afton Road 87-32 Footprint Lake Storm Sewer (B) From the Sewer Fund to the Public Improvement Projects Fund for the following projects: $ 500,000 247,700 $ 747,700 87-32 Footprint Lake Storm Sewer 90-07 City Wide Watermain Extensions 6. Approved Interfund Transfers for Unassessed Utility Improvements as follows: $ 35,700 W.A.C. Fund 1973 Bonds (311) 2 12-10-90 71,7OO Hydrant Fund 6,010 Hydrant Fund 2,050 Sewer Fund 67.720 Hydrant Fund $183,180 1977 Bonds (314) 1979 Bonds (316) 1979 Bonds (316) 1988 Bonds (318) 7. Approved the Data Processing Cost Allocation Plan as follows: $ 14 760 4 540 26 110 15 890 42 820 25 120 14 760 13,620 $157,620 City Manager's Office Emergency Management Finance City Clerk's Office Public Safety Public Works Parks and Recreation Community Development Total 8. Approved an agreement with Norwest Bank for checking account and lockbox services based upon the terms and conditions presently in effect at First Minnesota and that Norwest Bank be designated as official depository for the City's demand deposits. 9. Approved the following Resolution of Appreciation for Tom Deans who moved out of Maplewood on November 1, 1990 and therefore resigned from the Community Design Review Board: 90 12 - 208 JOINT RESOLUTION OF APPRECIATION WHEREAS, Thomas Deans became a member of the Community Design Review Board of Maplewood on August 6, 1981 and has served faithfully in that capacity; WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership and effort in many ways for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and the citizens of the City, that Thomas Deans is hereby extended our heartfelt gratitude and appreciation for his dedicated service and we wish him continued success in the future. 10. Approved the following Resolutions regardingLand Use Plan and Zoning Map Changes in the area of Highway 61 from Beam Avenue to County Road D: Resolution 90 - 12 - 209 PLAN AMENDMENT RESOLUTION WHEREAS, the City Council asked staff to study areas where the land use plan and rezoning classifications differed; and WHEREAS, the City is updating its Comprehensive Plan; and WHEREAS, the history of this plan amendment is as follows: 3 12-10-90 The Planning Commission held a public hearing on October 15, 1990 to consider this plan amendment. City staff published a notice of this hearing 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 City Council discussed the plan amendment on November 26, 1990. They considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the following changes to the City's land use plan: Amending the land use plan from RM (medium-density residential) to RL (low-density residential) for the properties at 1272, 1290 and 1296 County Road D. This amendment is on the basis that these properties have developed with single-family homes. Amending the land use plan from RM (residential medium density) and BW (business warehouse) to LSC (limited service commercial) for the westerly 800 feet of parcel 4-29-22-11-006. Realigning the proposed north-south connection between County Road D and Beam Avenue to connect with Highway 61, north of Gulden's Restaurant. This amendment is on the basis that: a. Ramsey County dropped the north-south major collector street alignment from the state-aid funding program. The proposed major collector street intersection location with Highway 61 is consistent with the traffic engineering practice of spacing intersections 1/4 mile apart. Amending the land use plan from RM (medium-density residential) and BW (business warehousing) to RL (Iow-density residential).. This is for the area east of the Kohlman Lake Overlook development and north of Beam Avenue. This amendment is on the basis that: a. Realigning the proposed collector street away from this area will make it more desirable for single dwellings. b. Single dwellings would be more compatible with the single dwellings developing to the west. Resolution 90 - 12 210 REZONIN~ RESOLUTION WHEREAS, the City of Maplewood initiated the following rezonings: 1. 1296-1272 County Road D from M-1 and F zoning to R-1. 2. The westerly 175 feet of 3065 Highway 61 from F to M-1. 3. The property east of Kohlman Overlook from F to R-l, including 1241 Beam Avenue and the land west of Gulden's Restaurant. 4 12-10-90 The rear of 2911 Highway 61 and the rear of the lot north of it from F to M-1. The specific boundaries are shown on the map on page 7 of the November 28 staff memo. WHEREAS, the history of this rezoning is as follows: 1. The Planning Commission reviewed this rezoning on October 15, 1990. The City Council held a public hearing on November 26, 1990. 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 rezoning for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 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. 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. 11. Approved a one-year time extension for the Knollwood Circle Addition preliminary plat, subject to the original conditions of approval. 12. Approved renewal of the Conditional Use Permit for five years for the construction of a fuel station canopy addition within 350 feet of a residential district at 2228 Maplewood Drive, subject to the original conditions of approval. 13. Adopted the following Resolution correcting an error in the assessment for the property with PIN 09 29 22 21 0017. Resolution 90 - 12 211 CANCELLATION OF ASSESSMENT WHEREAS, pursuant to Resolution 87-3-47 of the City Council of Maplewood, Minnesota adopted March 23, 1987, the special assessments for the construction of Project 86-04 were levied against property described by Property Identification Number 09 29 22 21 0017. WHEREAS, $1,238.00 of the aforesaid assessment, representing a service connection charge, was levied in error; 5 12-10-90 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for 86-04 against the property described by Property Identification Number 09 29 22 21 0017 be correctly certified to the auditor of Ramsey County by deleting therefrom the amount of $1,238.00. 14. Approved an easement agreement with Stanley G. and Gladys M. Sommers allowing the City to enter upon their property and commence construction of Storm Sewer Project 87-32. 15. Approved the followtng Resolutions granting renewal for 1990 of Intoxicating Liquor Licenses: Resolution 90 - 12 - 211 RESOLUTION OF APPROVAL 1990 ON-SALE LIQUOR LICENSES 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, 1991, with approval granted herein subject to satisfactory results of required Police, Fire and health Inspections: Applebee's 2112 Maplewood Mall 3001 White Bear Avenue Garrity's 1696 White Bear Avenue Bali Hai Restaurant, Inc. 2305 White Bear Avenue Gulden's 2999 N. Highway 61 Beau's Food & Spirits 2289 E. Minnehaha Keller Lake Lounge 2280 Maplewood Drive Chi Cht's 3069 White Bear Avenue Keller Clubhouse 2166 Maplewood Drive Chili's Restaurants Southlawn & Beam Maple Wheel Lounge 2220 White Bear Avenue D. G. Burgers Corp 2441 Highway 61 Maplewood Bowl 1955 English Street Chalet Lounge 1820 Rice Street The Olive Garden 1749 Beam Avenue Days Inn - St. Paul/Maplewood 1730 E. County Road D M. T. Pockets & Co., Inc. 780 East County Road B Deans, Inc. 1986 Rice Street Red Lobster Restaurant ~283 2925 White Bear Avenue Garrity's 1696 White Bear Avenue Red Rooster Liquor Lounge 2029 Woodlynn Ciatti's Italian Restaurant 1900 E. County Road D 6 12-10-90 Club On-Sale Liquor License: Loyal Order of Moose/Lodge ~963 1946 English Street North Maplewood Lions Club 1310 Frost Avenue Resolution 90 - 12 - 213 RESOLUTION OF APPROVAL 1990 OFF-SALE LIQUOR LICENSES 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, 1991, with approvals granted herein subject to satisfactory results of required Police, Fire and health inspections: Laber's Liquors 1730 Rice Street Red Wagon Liquors 2290 Maplewood Drive Maplewood Wine Cellar 1281 Frost Avenue Sarrack's International Wine & Spirits 2305 Stfllwater Road Party Time Liquor 1835 E. Larpenteur Ave. Spark Liquors 2515 White Bear Avenue F? PUBLIC HEARINGS 1. 7:00 P.M., Variance: 1177 Century Avenue a. Mayor Bastian convened the meeting for a public hearing regarding a request from Guy and Deborah Peterson for a setback variance for driveway purposes. b. Manager McGuire presented the staff report. c. City Attorney Kelly explained the rules of procedure governing public hearings. d. Community Development Director Olson presented the specifics of the proposal. e. Mayor Bastian called for persons who wished to be heard for or against the proposal. The following persons were heard: 1. Mr. Peterson, the applicant's attorney, spoke on behalf of the proposal. 2. Larry Bush, Chief of East County Line Fire Department, stated the variance would not adversely affect the Fire Department. f. Mayor Bastian closed the public hearing. g. Councilmember Rossbach introduced the following resolution and moved its adoption: 90 - 12 - 214 VARIANCE RESOLUTION WHEREAS, Guy and Deborah Peterson applied for a variance from the zoning ordinance at 1177 Century Avenue N. The legal 7 12-10-90 description is: E 234 feet of Lots 10 and 11 and except W 100 feet Lots 12 and 13, Block 6, Midvale Acres Number 2 WHEREAS, Section 36-27 of the Maplewood Code of Ordinances requires a 20-foot setback for a driveway or parking area from a residential zone. WHEREAS, the applicant is proposing a setback of 3-1/2 feet. WHEREAS, this requires a variance of 16-1/2 feet. WHEREAS, the history of this variance is as follows: This variance was reviewed by the Planning Commission on November 5, 1990. They recommended to the City Council that the variance be approved. The City Council held a public hearing on December 10, 1990. 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 variance for the following reasons: Strict enforcement would cause undue hardship because of circumstances unique to the property under construction. The garage was constructed before the current property owners bought the home. The variance would be in keeping with the spirit and intent of the ordinance, since the garage and fence screen the home from the parking lot. Seconded by Councilmember Zappa Ayes - all 7:10 P.M., Rezontng: a. 1285 Sterling Street (4 Votes) Mayor Bastian convened the meeting for a public hearing regarding rezoning for this property to RE-20 Manager McGuire presented the staff report. presented the details of the report. Commissioner Ginn presented the Planning Commission's report. Mayor Basttan called for persons who wished to be heard for or against the proposal. The following persons were heard: 1. Mrs. Stielow, 1285 So. Sterling voiced her opposition to the proposal. 8 12-10-90 2. Lawrence Grant, 2455 Schadt, f. Mayor Basttan closed the public hearing. g. Councilmember Zappa moved the Council take no action, Seconded by Counctlmember Rossbach Ayes - Councilmembers Carlson, Juker, Rossbach and Zappa Nays - Mayor Basttan 7:20 P.M., 2161=2205 County Road D Plan Amendment (4 Votes) Rezoning (4 Votes) a. Mayor Bastian convened the meeting for a public hearing regarding amendment of the Comprehensive Land Use Plan as related to this property. Manager McGuire presented the staff report. Community Development Director Olson presented the specifics of the proposal. Commissioner Sinn presented the Planning Commission report. Mayor Bastian called for persons who wished to be heard for or against the proposal. The following persons were heard: 1. Helen Mehsikomer, 2205 E. County Road D expressed her wishes that the property remain as is. 2.Irene Bush, 2191 E. County Road D stated she is opposed to the proposed change. 3. John Cadwell, 2226 E. County Road D expressed his views. f. Mayor Basttan closed the public hearing. g. Councilmember Zappa moved to table this item until January 28, 1991 for the City Attorney to research the number of lots which could be utilized, conflict with PCA and any development. Motion died for lack of second f. Counctlmember Zappa moved to take no action and have legal staff prepare a report as to conflict between PCA and Maplewood Zoning laws. Seconded by Councilmember Rossbach Ayes - all 7:40 P.M., White Bear and Cope Avenue Plan Amendment (4 Votes) Rezoning (4 Votes) a. Mayor Basttan convened the meeting for a public hearing regarding b. Manager McGuire presented the staff report. c. Community Development Director Olson presented the specifics of the proposal. 9 12-10-90 d. Mayor Basttan called for persons who wished to be heard for or against the proposal. The following persons were heard: 1. Joannie Kalison, representing Volunteers of America, agrees with the recommendation. 2. Helga Gebake, 1917 East Cope Avenue presented her views. e. Mayor Bastian closed the public hearing. f. Councilmember Rossbach moved the Council take no action on the proposed Plan Amendment, Seconded by Councilmember Carlson Ayes - all g. Councllmember Rossbach introduced the following resolution and moved its adoption; 90 - 12 215 REZONING RESOLUTION WHEREAS, the City of Maplewood initiated a rezoning from R-1 (single dwelling residential) to R-3 (multiple dwelling residential). WHEREAS, this rezontng applies to the vacated Sherren Avenue right- of-way and the south half of Lots 5-10, Block 8 of Dearborn Park Addition. WHEREAS, the history of this rezoning is as follows: The Planning Commission reviewed this rezontng on November 19, 1990. They recommended to he City Council that the rezoning be R-3. The City Council held a public hearing on December 10, 1990. 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 rezoning for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 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. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 10 12-10-90 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. Seconded by Councilmember Carlson Ayes - all G. AWARD OF BIDS ~ None H? UNFINISHED BUSINESS 1. Code Change: Residential Dedication By Developer PAC a. Manager McGuire presented the staff report b. Mayor Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 679 AN ORDINANCE AMENDING CHAPTER 21, PARKS AND RECREATION, ARTICLE III OF THE MAPLEWOOD CITY CODE BY AMENDING SECTION 21-46 THROUGH SECTION 21-57 THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 2. RESIDENTIAL Sec. 21-46 Findings and policy declaration. (a) The City has been experiencing unprecedented and rapid growth with respect to population, housing and general land development. The City has been and is developing and constructing public facilities and providing public services to meet the needs of the community's growing population, but these services and facilities have been unable to keep pace with the ever growing need. Faced with a number of major physical, social and fiscal problems caused by this rapid and unprecedented growth in relation to park-open space and its development within the community and being concerned with existing, as well as, future overall quality and character of land development within the City, the City Council has undertaken a program to develop a policy statement which will act to guide the acquisition and development of neighborhood parks throughout the City by providing a policy that explains the obligation and requirements that will be expected of all housing development within the community. (b) It is the intention of the City Council to develop and implement a park- open space acquisition and development policy which assigns a function of neighborhood park acquisition and development responsibility of all housing dwelling units. Such policy intent is considered reasonable to protect the public interest and welfare of the community, to secure a better totally planned environment for all neighborhoods throughout the City and to establish a viable neighborhood park acquisition and development program that is relative and meaningful to the people who 11 12-10-90 live throughout the city. This policy is intended and designed to focus upon providing a publicly adopted strategy which will cause all housing developments to bear an obligation to the acquisition and development of neighborhood parks. Such clarification is needed so as to indicate that the only function and purpose of which this policy applies shall be to acquire park space and develop such park areas in such a manner so as they are solely planned, designed, constructed with facilities and progrmmmed with neighborhood services. This policy application, in no way, applies to or satisfies for the acquisition or development of "community," "district" or "regional" parks. Nor does this policy apply to the maintenance of existing neighborhood parks or such neighborhood parks that may be acquired or developed by this policy. (c) It is necessary and consistent with overall community development plans of this City to provide neighborhood parks and it is further in the interest of the health, welfare and safety of the people of the City that the City promulgate and establish a neighborhood park acquisition and development program. That such program is equitable and consistent with the benefits received that the owners of land, upon which residential dwellings exist or are to be constructed, pay for a portion of the cost of the acquisition and development of the neighborhood park lands within the city. (Ord. No. 361, $I,4-4-74) Sec. 21-47. Reserved Sec. 21-48. Populace per dwelling unit determination. This section provides a populace per unit table as established in the City's Comprehensive Plan. The Density Conversion Table establishes the basis for computing the Neighborhood Park Acquisition Charge. Type of Dwelling Populace/Unit Single Dwellings 3.4 Double Dwellings (2.7 people per unit) 5.4 Townhouses 2.7 Mobile Homes 2.5 Apartments (3-4 units/building) 2.7 Apartments (5+ units/building) 1.9 Apartments (1-bedroom elderly) 1.1 Apartments (2-bedroom elderly) 2.0 Sec. 21-49. Joint agency development. In order to maximize the total available resources within each neighborhood in terms of space, facilities and development, this neighborhood park policy encourages and takes into consideration the potential of joint development of neighborhood park and recreation facilities which may take place between the City and other park agencies, schools, churches, etc., so that the size of the joint development will be less than if separate sites were developed by each. The facilities included will represent the functional needs of each agency. The intent of joint development is to satisfy on of the following requirements: To avoid duplication of facilities (unless existing facilities are overused), coordinate services or diminish the land needs of each agency. (Ord. No. 361, $ III, 4-4-74) Sec. 21-50. Financial policies to implement neighborhood park policy. (a) Charges for neighborhood park acquisition or development should be made 12 12-10-90 in the case of new developments at the time of building permit issuance or sub-division application. (b) The charges in subsection (a) of this section shall be based upon the formula method unit rate charges outlined in section 21-48 of this division, and securities in this amount guaranteeing such shall be made at the time of building permit issuance or sub-division. Securities to cover these charges in the case of new residential dwellings shall be in the form of cash or cashier's check, at the time of building permit issuance. (c) If neighborhood parks are needed, they may be acquired and developed, and assessed, through the assessment program as outlined under the assessment policies of this City. (Ord. No. 361, $ IV, 4-4-74) Sec. 21-51. Neighborhood park acquisition and development fund--Established. The City Manager is hereby authorized to establish a neighborhood park acquisition and development fund. The purpose of such fund shall be to: (1) Account for monies received on each dwelling unit park charge; (2) Act as the fund from which neighborhood park land acquisition and development funds shall be disbursed; and (3) Account for public participation monies received for each dwelling unit park charge. (Ord. No.361, $ IV,4-4-74) Sec. 21-52. Same--Disbursements; objects of expenditure. It is the intention of this division that whenever possible and reasonable, but not mandatory, funds collected from developers or residences of any particular development or neighborhood should be designated and used to serve that particular neighborhood. (Ord. No.361, $IV,4-4-74) Sec. 21-53. Gifts or donations of land. Land offered as a gift or donation for a neighborhood park, but not related to any specific development project, may only be accepted when such gift or donation of land conforms to one of the following: (1) Such donation or gift of land is not provided as a means to defray the costs of an existing or future neighborhood park charge. However, the City may accept gift or donation lands if they are within an area designated as a neighborhood park site area. (2) Such donations or land gifts should not be less than one acre in size. (3) If such donation or land gift is to defray the costs of an existing or future neighborhood park charge, then such should be accepted only under the following conditions: a. Such land or lands must be within an area designated for a neighborhood park. Sec. 21-54. Services-in-kind in lieu of neighborhood park charge. Where land is available and development plans adopted, a neighborhood 13 12-10-90 park charge for facilities may be accepted in the form of services-in-kind rendered by the developer through his contractors. Such services might include grading, landscaping, installation of utilities of their services essential to implementation of the park plan. Services-in-kind performed by the developer or his representatives in lieu of the neighborhood park charge shall be equal to the calculated neighborhood park charge and shall be approved by the City through negotiation. (Ord. No.361, $ IV, 4-4-74) Sec. 21-55. Joint developments. The City actively endorses the coordination of neighborhood park acquisition and development with other groups and agencies, such as other governmental units, churches, schools and public interest groups. Such coordinated activities may be able to lower neighborhood park costs through grants, leases, joining usage and gifts, and may also strengthen neighborhood identity and community participation. (Ord. No.361, $ IV,4-4-74) Sec. 21-56. Annual resolution adopting cost per person, (a) The City Council, at its first regular meeting of each calendar year, shall act to adopt, by resolution, the cost per person which shall be multiplied by the populace per unit value as found in Sec. 21-48. This annual cost determination shall be used to calculate the neighborhood park charge for each dwelling unit, for the ensuing year. (Ord. No.361,$IV,4-4-74) Sec. 21-57. Application of division. (a) The City shall impose the policy set forth in this division, and its effects shall be binding upon all new housing units issued building permits or new mobile home spaces issued building permits. (b) All housing units or mobile home spaces constructed in the City shall, at the time of building permit issuance, be charged a neighborhood park charge in accordance with this division. (c) Those new housing units to be built in subdivisions which have been platted, and in which have been dedicated acceptable public park land as part of the plat, shall be given credit to the extent of land dedicated or cash paid on a pro rata basis. (Ord. No. 361, SVI, 4 - 4 - 74) Sec. 21-58--21-65. Reserved. Seconded by Councilmember Carlson I, NEW BUSINESS Ayes - Mayor Bastian, Councilmembers Carlson, Juker and Rossbach Nays - Councilmember Zappa Community Center Advisory Committee Recommendation: a. Manager McGuire presented the staff report. b. Assistant Manager Maglich presented the specifics of the recommendation. c. Committee member Jim Malley commented on the Community Center Advisory Committee's recommendation. Mr. Malley introduced the committee members. 14 12-10-90 d. The following residents expressed their views pertaining to the Community Center: 1. Edward Vitek, 2587 Upper Afton Road - opposed 2. Lori Tauer, 467 So. Sterling - in favor 3. Don Wiegert, 2133 Duluth Place in favor e. Councilmember Rossbach moved to authorize staff to prepare a Request for Proposal and to submit it to Council, Seconded by Councilmember Carlson Ayes - all Increase in License/Permit Fees and Service Charges: Manager McGuire presented the staff report Councilmember Zappa introduced the following Resolution and moved its adoption; 90 - 12 - 216 RESOLUTION SETTING LICENSE/PERMIT FEES FOR 1991 BE IT HEREBY RESOLVED that the following license/permit fees be established for 1991: Amusement Park License Bench Permit: First Bench Each Additional Bench Bingo License: For One Night/Wek. for 52 Wks. For Two Nights/Wek. for 52 Wks. One Night Christmas Tree Sales: Regular Non-Profit Organization Cigarettes & Tobacco Cotn-OperatedAmusement Devices: Per Location Per Machine Dog Kennels: First Time Renewal Gambling License Gambling Investigation & Administration Fee Golf Course 1991 Fee $ 140 44 25 140 284 18 135 106 37 140 37 37 19 140 250* 142 15 12-10-90 Motels: 1 15 Units 16 35 Units 36 100 Units Over 100 Units Restaurant and/or Bakery: Food Establishment Catering Food Vehicle: First Vehicle Each Additional Fleet License Itinerant Food Establishment: (Limit 7 days) First Day Each Additional Day Non-Perishable Food Vehicle: First Vehicle Each Additional Fleet License Potentially Hazardous Food Vehicle: First Vehicle Each Additional Fleet License Special Food Handling Establishment Tavern License Taxicab License: Base Charge Each Driver Theater License: Indoor Outdoor Contractor's License 3.2 Beer License: On-Sale Off-Sale Temporary Food & Beer - Per Day Used Car Dealer Motor Vehicle Repair 58 89 140 173 155 81 37 215 37 20 36 25 99 111 55 321 55 284 37 15 140 284 77 $100' 30* 20 284 51 16 12-10-90 Service Station: First Pump Each Additional Pump Trailer Rental: First § Trailers Each Additional Trailer * License Fee set by State Law Miscellaneous Service Char~es: Tax-Exempt Mortgage Revenue Financing - Commercial: Base Charge (% of Bond Issue) Minimum Maximum Amount Paid With Application Tax-Exempt Mortgage Revenue Financing - Multiple Dwellings Application Fee Tax Increment Financing Application Fee (escrow) Liquor License Investigation Fee Block Party License Carnival License Solicitor License: Base Per Company Additional Per Solicitor Auctioneer License: Annual Daily Pawn Shop Pending Assessment Searches Police Accident Report Copies Cat and Dog Licenses: Male Female Neutered/Spayed Building Relocation Community Desi~nReview Board Sewer Connection Permit: (Per Connection) Residential Connection Non-Residential Connection 58 10 20 8 1% 6,170 24,690 2,080 2,410 5,960 431 20 139 77 38 71 20 71 9 8 9 9 6 139 109 38 58 17 12-10-90 Moving Permit 77 Wrecking Permit 38 Driveway Permit 10 Miscellaneous Service Charges; Property Owner List - Per Name 6 Base Price 38 Mobile Home Permits 45 Occupancy Permit 8 Woodlot Alteration Permit 55 Truth-In-Housing Filing Fee 15 Truth-In-Housing Evaluators License Fee 74 Publications (Includes Sales Tax): Zoning Code 11 Platting Code 6 Sign Code 4 Comprehensive Plan 12 Zoning Map 5 City Map 5 Section Map 5 Planning Commission or Community Design Review Board: Minutes - Per Year 10 Seconded by Councilmember Carlson Ayes all c. Counctlmember Zappa moved first reading of an ordinance to establ%sh plannin~ fees, Seconded by Councilmember Carlson Ayes - all Ambulance Rates - 1991: a. Manager McGuire presented the staff report. b. Finance Director Faust presented the specifics of the proposal. c. Councilmember Juker moved to table unti1 next Council meeting for further information, Seconded by Councilmember Rossbach Ayes.- all Storm Sewer Assessment Policy: a. Manager McGuire presented the staff report b. Director of Public Works Haider presented the specifics of the report. 18 12-10-90 c. Mayor Bastian moved to increase the storm sewer assessment for residents from $500 to $525 per unit and that commercial rates be increased by Seconded by Councilmember Carlson Ayes all Soil Stockpiling: a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to table this proposal to the first meeting in February. 1991, Seconded by Mayor Bastfan Ayes - all 6. Termination of Conditional Use Permit: Lower Afton and McKnight Road PUD: o a. Manager McGutre presented the staff report. b. Nick Boosalis, Sherman-Boosalis, requested Council consider that since permits have been applied for this be considered "starting the project". Co Councilmember Zappa moved to amend the PUD to have the financial package shown to staff, that the grading be commenced by June 1, 1991 and also conditioned that all Permits applied for be approved and issued (DNR, etc.); and thaw i~ any of these conditions fail, the PUD is terminated. Seconded by Councilmember Carlson Ayes - all Plan Amendment: a. b. c. 1071 - 1101 E. County Road B Manager McGuire presented the staff report Director of Community Development Olson presented the specifics of the proposal. Commissioner SEnn presented the Planning Commission report. 19 12-10-90 d. Councilmember Zappa introduced the following resolution and moved its'adoption; 90 - 12 - 217 PLAN AMENDMENT RESOLUTION WHEREAS, The City of Maplewood applied for an amendment to the City's Comprehensive Plan from RM (medium-density residential) to RL (low-density residential). WHEREAS, this amendment applies to the property located at 1071 through ll01 County Road B. (Pin numbers 9-29-22-42-12, 9-29-22-43- 13 and 9-29-22-43-14.) WHEREAS, the history of this plan amendment is as follows: The Planning Commission held a public hearing on November 19, 1990 to consider this plan amendment. City staff published a notice of this hearing 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 t hat the City Council approve the plan amendment. The City Council discussed the plan amendment on December 10, 1990. 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 plan amendment because: 1. The area has developed with single dwellings. 2. There are no plans to redevelop these lots with multiple dwellings. Seconded by Mayor Bastian HRA's Annual Report: a. Ayes - all Manager McGuire presented the staff report. b. Commissioner Fisher presented the Housing and Redevelopment Authority's report and asked that Council rank the six task goals in order of their importance. c. Mayor Bastian moved to accept the report. Seconded by Councilmember Juker Ayes - all 1991 Recycling Contract: a. Manager McGuire presented the staff report. b. Assistant Manager Maglich presented the specifics of the proposal. c. Michael Hines, Gopher Recycling, spoke on behalf of his proposed contract. 20 12-10-90 Mayor Bastian moved to waive the Rules of Procedure to extend the meeting until 11;00 Seconded by Councilmember Zappa Ayes - all d. Councilmember Zappa moved to adopt the 1991 Contract for Gopher Recycling as submitted. Seconded by Counctlmember Juker Ayes - all 10. Conditional Use Permit Renewal: 2228 Maplewood Drive (Citgo Station) a. Manager McGutre presented the staff report. bo Mayor Bastian moved renewal of the conditional use permit for two years for the construction of a fuel station canopy addition within 350 feet of a residential district at 2228 Maplewood Drive, subject to the original conditions of approval and with a statement that, at such time as County Road B is upgraded, it is thm intent of this Council that curbs be constructed, Seconded by Councilmember Juker Ayes - Mayor Bastian, Councilmembers Carlson and Zappa Nays - Councilmembers Juker and Rossbach J. VISITOR PRESENTATION 1. Paul Knowlan, 899 Parkview, representing Crown Plaza Shopping Center, requested a reduction in the number of parking stalls for the car leasing business. a. Mayor Bastian referred this matter to Staff for review and a report back to Council. Seconded by Councilmember Juker Ayes - all 2. Sue Hope, Co-owner of Corner Kick, requested approval of a special sign permit for a portable sign at the Corner Kick Soccer Center, 1357 Cope Avenue. a. Mrs. Hope was informed that only a 32 square foot portable sign would be allowed. K? COUNCIL PRESENTATIONS League of Women Voters: a. Counctlmember Carlson stated he had attended a League of Women Voters forum and it was very interesting. Birch Run Station/Community Design Review Board: a. Counctlmember Juker stated the CDRB had approved cedar fencing around the mechanical unit and that these would be painted as maintenance. b. Counctlmember Juker moved to appeal the CDRB decision, Seconded by Councilmember Zappa Ayes - all 21 12-10-90 Mayor's Report: a. Upcoming Events: 1. 12-19-90 2. 12-17-90 Breakfast - Lakewood Community College 3. 12-20-90 Senior Citizen program at Gladstone Community Center 4. 1-31-91 Chamber Luncheon, Days Inn, 12:00 Noon b. Update from Mayor's Forum 1. Requested speed limit on Upper Afton be lower than now. 2. Stricter on pornography 3. Laurie Road- selling junked cars and parts 4. 12-13-90 School Board Truth in Taxation L, ADMINISTRATIVE PRESENTATIONS None M? ADJOURNMENT Meeting was adjourned at 11:02 P.M. 22 12-10-90