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HomeMy WebLinkAbout04-28-1997 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, April 28, 1997 Council Chambers, Municipal Building Meeting No. 97-08 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 7:00 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present Marvin C. Koppen, Councilmember Present George F. Rossbach, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Council/Manager Workshop of April 7, 1997 Councilmember Allenspach moved to approve the minutes of Council/Manager Meeting of Apri17, 1997, as presented. Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers Allenspach, Carlson, Koppen Nays -none Abstain -Councilmember Rossbach 2. Minutes of Meeting 97-07 (Apri114,1997) Councilmember Carlson moved to approve the minutes of Meeting No. 97-07 (April 14, 1997)as presented. Seconded by Councilmember Koppen Ayes -Mayor Bastian, Councilmembers Allenspach, Carlson, Koppen Nays -none Abstain -Councilmember Rossbach E. APPROVAL OF AGENDA: Councilmember Carlson moved to approve the Agenda as amended: Ll Mayor's Update L2 County Roads Ml Oakdale/East County Line -request closed session to discuss pending litigation Seconded by Councilmember Rossbach Ayes -all EA. APPOINTMENTS/PRESENTATIONS 1. Recycling Poster Contest 1 4-28-97 a. Manager McGuire introduced the staff report. b. Michael Hinz of Gopher Disposal presented information about the contest and announced the winner. c. The designers of the recycling poster and their teacher (below) explained the design process: Dan Abrahamson, 5242 Grenada Avenue N., Oakdale Jeff Skinner, 7002 49th Street N., Oakdale Robby Wolf, 9 Scarlet Oak East, Oakdale Judy Ryan, 2311 Lilac Lane, White Bear Lake F. CONSENT AGENDA: Councihnember Koppen moved, seconded by Councilmember Carlson; ayes -all, to approve the Consent Agenda, Items F-1 thru F-5, as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 61,112.87 Checks #7043-#7051 Dated 4-4-97 thru 4-8-97 $ 88,502.55 Checks #31141-#31236 Dated 4-15-97 $ 38,988.86 Checks #7052-#7058 Dated 4-9-97 thru 4-16-97 $ 74,604.20 Checks #31239-#31389 Dated 4-22-97 $ 263,208.48 Total Accounts Payable PAYROLL: $ 404,352.02 Payroll Checks and Direct Deposits Dated 4-18-97 $ 46,172.19 Payroll Deduction Checks Dated 4-18-97 $ 450,524.21 Total Payroll ~ 713.732.69 GRAND TOTAL 2. State Aid Resolutions Adopted the following Resolution: 97-04-41 ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears to the City Council of the City of Maplewood that the streets hereinafter described should be designated municipal state aid streets under the provisions of Minnesota law. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood that the roads described as follows, to-wit: Radatz Avenue from White Bear Avenue to McKnight Road Beebe Road from Larpenteur Avenue to Holloway Avenue Londin Lane from McKnight Road to Sterling Street Skillman Avenue from McMenemy Street to Edgerton Street be, and hereby are established, located, and designated municipal state aid streets of said City, subject to the approval of the Commissioner of Transportation of the State of 2 4-28-97 Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for consideration, and that upon approval of the designation of said roads or portions thereof, that same be constructed, improved and maintained as municipal state aid streets of the City of Maplewood to be numbered and known as municipal state aid streets. 3. Budget Request -Hockey Skills Camp Approved budget adjustments for the purpose of creating a hockey skills clinic and directed the Finance Director to make the following necessary modifications: Expenditures: 4120 Program Supplies $ 300 4530 Facility Rental 8,000 4025 Wages, Part-Time 2,000 Total Expenditures $10,300 Revenue: 155 Participants at $80 each $12,400 4. Budget Change for 1996 Gladstone Fire contract Authorized appropriate 1997 Budget changes and the transfer of $37,697 to the Gladstone Fire District Fund from the General Fund contingency account. 5. Lake Gervais Ordinance Adopted a Joint Powers Agreement betwcen Maplewood and Little Canada to Finalize the Lake Gervais Ordinance. G. PUBLIC HEARINGS 1. 7:00 P.M. (7:14 P.M.): Project 96-02, Gervais Avenue, Kennard-Barclay -Assessment Hearing a. Mayor Bastian convened the mceting for a public hearing regarding the assessment roll for Project 96-02, Gervais Avenue-Street and Utility Improvements. b. Manager McGuire introduced the staff report. c. Director of Public Works Haider presented the specifics of the report. d. City Attorney Kelly explained the procedure for public hearings. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Austin Ward, 1562 Sextant John Simons, 2409 Hazelwood f. Mayor Bastian closed the public hearing. g Councilmember Carlson introduced the following Resolution and moved its adoption, with appeal results to be on the May 12, 1997 agenda. 97-04-42 ADOPTION OF ASSESSMENT ROLL -PROJECT 96-02, GERVAIS AVENUE-BARCLAY TO KENNARD 3 4-28-97 WHEREAS, pursuant to proper notice duly given as required by law, the CSty Council has met and heard and passed on all objections to the proposed assessment for the construction of Gervais Avenue, Barclay Street to Kennard Street, as described in the Files of the City Clerk as Project 96- 02, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 20 years, the first of the installments to be payable on or after the first Monday in January, 1998, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1997. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Koppen Ayes - all BECAUSE OF TIME, MAYOR BASTIAN MOVED TO HEAR J-4 AND J-5 BEFORE G-2. SECONDED BY COUNCILMEMBER ALLENSPACH AYES -ALL J. NEW BUSINESS 4. Local Performance Aid a. Manager McGuire introduced the staff report. b. Director of Finance Faust presented the specifics of the report c. Councilmember Carlson moved to approve the determination that Maplewood has a performance measurement system in place and authorize the Mayor and a City Councilmember to sign the certification form for Local Performance Aid payable in 1998. Seconded by Councilmember Allenspach Ayes - all 4 4-28-97 d. Councilmember Carlson moved to designate Councilmember Koppen as the Councilmember to sign the certification form. Seconded by Councilmember Allenspach Ayes - all 5. Schedule Meeting to Review 1996 Annual Financial Report a. Manager McGuire introduced the staff report. b. Director of Finance Faust presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Mayor Bastian moved to set the meeting to review the 1996 Annual Financial Report at 6:30 P.M. on Mav 12, 1997. Seconded by Councilmember Allenspach Ayes - all G. PUBLIC HEARINGS: (Continued) 2. 7:30 P.M.(7:30 P.M.): Project 96-22, Arcade Street -Assessment Hearing a. Mayor Bastian convened the meeting for a public hearing regarding the assessment roll for Project 96-22, Arcade Street and Utility Improvements. b. Manager McGuire introduced the staff report. c. Director of Public Works Haider presented the specifics of the report. d. City Attorney Kelly explained the procedure for public hearings. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Mark Rosauer, 1083 Gordon Avenue f. Mayor Bastian closed the public hearing. g. Councilmember Carlson introduced the following Resolution and moved its adoption with appeal results to be on the Mav 12 Agenda: 97-04-43 ADOPTION OF ASSESSMENT ROLL -PROJECT 96-22, ARCADE STREET, KELLER PARKWAY TO LaBORE ROAD WHEREAS, pursuant to proper notice duly given as required by law, the CSty Council has met and heard and passed on all objections to the proposed assessment for the construction of Arcade Street, Keller Parkway to LaBore Road, as described in the Files of the City Clerk as Project 96-22, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 5 4-28-97 2. Such assessment shall be payable in equal annual installments extending over a period of 20 years, the first of the installments to be payable on or after the first Monday in January, 1998, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1997. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Koppen Ayes - all 3. 7:40 P.M. (7:47 P.M.): US West Telecommunications Monopole (1890 Gervais Court) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to build a 90-foot-tall monopole for telecommunications equipment. b. Manager McGuire introduced the staff report. c. Associate Planner Ken Roberts presented the specifics of the report. d. Commissioner Will Rossbach presented the Planning Commission report. e. Boardmember Marie Robinson presented the Community Design Review Board report. f. City Attorney Kelly explained the procedure for public hearings. g. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: John Hallenbeck, 2550 University Avenue West, St. Paul h. Mayor Bastian closed the public hearing. Conditional Use Permit i. Councilmember Koppen introduced the following Resolution and moved its adoption• 97-04-44 CONDITIONAL USE PERMIT - 90-FOOT-TALL TELECOMMUNICATIONS MONOPOLE WHEREAS, Mr. John Hollenbeck of CB Commercial, representing US West, applied for a conditional use permit to install a 90-foot-tall telecommunications monopole and related equipment. 6 4-28-97 WHEREAS, this permit applies to the property at 1890 Gervais Court The legal description is: Subject to Gervais Avenue and State Highway 36/118 and except the West 632.2 feet, the North 864.87 feet of part of the NW 1/4 of the SW 1/4 westerly of White Bear Avenue in Section 11, Township 29, Range 22 in Ramsey County, Minnesota. (PIN ll-29-22-32-0005) WHEREAS, the history of this conditional use permit is as follows: 1. On April 7, 1997, the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on Apri128, 1997. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED thatthe City Council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe aceess on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the City. 2. The proposed construction must be substantially started within one year of Council approval or the permit shall become null and void. The Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. 4. The applicant shall submit a letter to the City showing an intent to allow the collocation of telecommunications equipment on the proposed tower. 7 4-28-97 Seconded by Councihnember Carlson Ayes - all Design Approval j. Councilmember Koppen moved to approve the site and landscape plans date- stamped March 12, 1997, fora 90-foot-tall telecommunications monopole and equipment on the south side of the building at 1890 Gervais Court Approval is based on the Findings required by code and subject to the applicant doing the following' 1. Repeat this review in two years if the City has not issued permits for this project. 2. Before getting a building permit, provide a grading, drainage, driveway and erosion control plan to the City Engineer for approval. The erosion control plan shall meet all ordinance requirements. 3. If any required work is not done, the City may allow temporary occupancy if: a. The City determines that the work is not essential to the public health, safety or welfare. b. The City receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfinished work. 4. All work shall follow the approved plans. The Director of Community Development may approve minor changes. Seconded by Councihnember Carlson Ayes - all 4. 7:50 P.M.: Tires Plus Store (1935 County Road D) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to renovate and expand the car wash building at 1935 County Road D to make it a Tires Plus Store. b. Manager McGuire introduced the staff report. c. Associate Planner Ken Roberts presented the specifics of the report. d. Commissioner Rossbach presented the Planning Commission report. e. Boardmember Robinson presented the Community Design Review Board report. f. City Attorney Kelly explained the procedure for public hearings. g. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Mike Diamond, 8609 Lyndale Avenue S., Bloomington, the developer h. Mayor Bastian closed the public hearing. Conditional Use Permit i. Councilmember Carlson introduced the following Resolution and moved its adoption• 8 4-28-97 97-04-45 CONDITIONAL USE PERMIT -BUILDING EXPANSION WHEREAS, Yaggy Colby Associates, representing Tires Plus, applied for a conditional use permit to add onto and expand an existing building to open an automobile maintenance garage. WHEREAS, this permit applies to the property at 1935 County Road D. The legal description is: Lot 1, Block 1, Tousley Commercial Park, Ramsey County, MN (PIN 35-30-22-33-0005) WHEREAS, the history of this conditional use permit is as follows: 1. On April 7, 1997, the Planning Commission recommended that the City Council approve this permit. 2. On Apri128,1997, the City Council held a public hearing. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED thatthe City Council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe aceess on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. There would not be a significant affect on the development of the parcel as zoned. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the City. The Director of Community Development may approve minor changes. 2. The proposed construction must be started within one year of Council approval or 9 4-28-97 the permit shall end. The Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. 4. There shall be no outside storage of refuse or vehicle parts of any kind (including tires and wheels) unless in a screening enclosure. Plans for screening enclosures shall be submitted to staff for approval of placement and design. Any outside storage not in an enclosure shall have City Council approval. 5. The owner or operator shall not allow anyone to work on vehicles outside the building. All employees shall do the vehicle repair and maintenance inside the building. 6. There shall not be any outside display or sales of tires or other materials. Seconded by Councilmember Koppen Ayes - all Design Approval j. Councilmember Carlson moved to approve the plans date-stamped February 27, 1997 and building elevations dated March 20, 1997 for the building expansion and parking lot changes for the new Tire Plus store at 1935 County Road D. Approval is subiect to the property owner or developer doing the following: 1. Repeat this review in two years if the City has not issued a building permit for this project. 2. Complete the following before the City issues a building permit: a. Submit a grading, drainage, utility and erosion control plan to the City Engineer for approval. The erosion control plan shall meet all ordinance requirements. b. Revise the site plan to show the location of in-ground lawn irrigation lines and sprinklers for the new landscape area in front of the building. c. Provide a screening plan for any new roof-top mechanical equipment that is visible from the strcet or adjacent properties. d. Revise the building elevations to show rock-faced concrete block and colors that are compatible with the existing block in the building and with the materials of the nearby buildings. 3. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Install reflectorized stop signs at both exits, a handicap parking sign for each handicap parking space and an address on the building. c. Screen and paint all roof-mounted equipment visible from streets or adjacent properties. (code requirement) d. Install and maintain an in-ground sprinkler system for the new landscaped area in front of the building. e. Repaint the existing building to match the addition with colors approved by City staff. 4. If any required work is not done, the City may allow temporary occupancy if: a) The City determines that the work is not essential to the public health, safety or welfare. b) The City receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfimished work. c) The City receives an agreement that will allow the City to complete any unfinished work. 5. Construct the scrcening walls on all sides of the trash enclosure area to match the building. The trash enclosure gates shall be 100 percent opaque. 6. This approval does not include the signs. City staff will review signage 10 4-28-97 through the sign permit process. 7. All work shall follow the approved plans. The Director of Community Development may approve minor changes. Seconded by Councihnember Koppen Ayes - all 5. 8:00 P.M. (8:18 P.M.): Precision Tune Auto Care Center (275 Century Avenue North) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to renovate and expand the building at 275 Century Avenue North to make the site a Precision Tune Auto Care Store. b. Manager McGuire introduced the staff report. c. Associate Planner Ken Roberts presented the specifics of the report. d. Commissioner Rossbach presented the Planning Commission report. e. Boardmember Robinson presented the Community Design Review Board report. f. City Attorney Kelly explained the procedure for public hearings. g. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Daniel Dege, Finn-Daniels Inc., Architects h. Mayor Bastian closed the public hearing. Conditional Use Permit i. Councilmember Rossbach introduced the following Resolution and moved its adoption• 97-04-46 CONDITIONAL USE PERMIT -BUILDING EXPANSION WHEREAS, Finn-Daniels, Inc., representing Precision Tune Auto Care, applied for a conditional use permit to add onto and expand an existing building to open an automobile maintenance garage. WHEREAS, this permit applies to the property at 275 Century Avenue North. The legal description is: Subject to easements, Highway and vacated avenue aceruing, the following; the south 1/2 of Lots 1 and 2, Block 8, Tanners Lake Outlots, Ramsey County, MN (PIN 36-29-22-44-0003) WHEREAS, the history of this conditional use permit is as follows: 1. On April 7, 1997, the Planning Commission recommended that the City Council approve this permit. 2. On Apri128,1997, the City Council held a public hearing. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. 11 4-28-97 NOW, THEREFORE, BE IT RESOLVED thatthe City Council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe aceess on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. There would not be a significant affect on the development of the parcel as zoned. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the City. The Director of Community Development may approve minor changes. 2. The proposed construction must be started within one year of Council approval or the permit shall end. The Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. 4. There shall be no outside storage of refuse or vehicle parts of any kind (including tires and whcels) unless in a screening enclosure. Plans for screening enclosures shall be submitted to staff for approval of placement and design. Any outside storage not in an enclosure shall have City Council approval. 5. The owner or operator shall not allow anyone to work on vehicles outside the building. All employees shall do the vehicle repair and maintenance inside the building. Seconded by Councilmember Koppen Ayes - all Design Approval j. Councilmember Rossbach moved to approve the plans date-stamped March 4,1997 and the landscape and building elevations date-stamped March 17, 1997 for the building expansion and parking lot changes for the new Precision Tune store at 275 Century Avenue North. Approval is subiect to the property owner or developer doing the following: 12 4-28-97 1. Repeat this review in two years if the City has not issued a building permit for this project. 2. Complete the following before the City issues a building permit: a. Submit a grading, drainage, utility and erosion control plan to the City Engineer for approval. The erosion control plan shall meet all ordinance requirements. b. Revise the site plan as follows: 1) Show the location of in-ground lawn irrigation lines and sprinklers for the new landscape area on the south side of the building. 2) The handicap parking space shall have an 8-foot-wide aceess aisle on one side for loading and unloading to meet ADA standards. c. Revise the building elevations to show the life grey EIFS around all the upper part of the building addition instead of the life grey single score block. d. Revise the landscape plan as follows: 1) The plan shall reflect the proposed grading plan by moving the snow crab trees out of the Swale to other locations on site and shall show non-mowed native grass in the Swale instead of sod. 2) Show at least five trees on the east side of the parking lot and at least throe trees between the lake and the driveway on the east side of the site. These trees shall be a mixture of the maples, lindens and coniferous trees (Austrian pines) to have a variety of tree heights and scrcening. 3. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Install reflectorized stop signs at both exits, a handicap parking sign for each handicap parking space and an address on the building. c. Paint or screen all roof-mounted equipment visible from streets or adjacent properties. (code requirement) d. Install and maintain an in-ground sprinkler system for the new landscaped area on the south side of the building. e. Post signs that say "employce parking only" by the parking stalls on the west side of the building. 4. If any required work is not done, the City may allow temporary occupancy if: a. The City determines that the work is not essential to the public health, safety or welfare. b. The City receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfinished work. c. The City receives an agreement that will allow the City to complete any unfinished work. 5. Construct the scrcening walls on all sides of the trash enclosure area of rockface block to match the building. The trash enclosure gates shall be 100 percent opaque. 6. This approval does not include the signs. City staff will review signage through the sign permit process. 7. All work shall follow the approved plans. The Director of Community Development may approve minor changes. 13 4-28-97 Seconded by Councihnember Koppen Ayes - all H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. American Portable Telecom Monopole (English Street and Gervais Avenue) a. Manager McGuire introduced the staff report. b. Associate Planner Ken Roberts presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following persons were heard: Greg Corstad, Attorney representing American Portable Telecom Mark Krueger, AirTouch Cellular Conditional Use Permit d. Councihnember Koppen introduced the following Resolution and moved its adoption• 97-04-47 CONDITIONAL USE PERMIT - 165-FOOT-TALL TELECOMMUNICATIONS MONOPOLE WHEREAS, Ms. Michelle Johnson, representing American Portable Telecom (APT), Inc. applied for a conditional use permit to install a 165-foot-tall telecommunications monopole and related equipment. WHEREAS, this permit applies to the property on the southwest corner of English Street and Gervais Avenue. The legal description is: Subject to streets; except the South 100 feet; the East 353 feet of Block 24, Clifton Addition in Section 9, Township 29, Range 22 in Ramsey County, Minnesota. (PIN 09-29-22-41-0019) WHEREAS, the history of this conditional use permit is as follows: 1. On March 17, 1997, the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on Apri114,1997. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED thatthe City Council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or 14 4-28-97 methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the City. 2. The proposed construction must be substantially started within one year of Council approval or the permit shall become null and void. The Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. 4. The applicant has submitted a letter to the City showing an intent to allow the collocation of telecommunications equipment on the proposed tower. Seconded by Councihnember Carlson Ayes - all Design Approval e. Councilmember Koppen moved to approve the plans date-stamped February 12, 1997, fora 165-foot-tall telecommunications monopole and equipment on the vacant property on the southwest corner of English Street and Gervais Avenue, based on the £mdings required by code and subiect to the applicant doing the following: 1. Repeat this review in two years if the City has not issued permits for this project. 2. Before getting a building permit, provide a grading, drainage, driveway and erosion control plan to the City Engineer for approval. The erosion control plan shall mcet all ordinance requirements. 3. Before getting a certificate of oceupancy, the applicant shall remove and dispose of any debris and ensure that the site is cleaned up. 4. If any required work is not done, the City may allow temporary occupancy if: a. The City determines that the work is not essential to the public health, safety or welfare. b. The City receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the un£mished work. 5. All work shall follow the approved plans. The Director of Community Development may approve minor changes. 15 4-28-97 Seconded by Councihnember Koppen Ayes - all J. NEW BUSINESS 1. Amendment of Tax Increment Plan a. Manager McGuire introduced the staff report. b. Director of Finance Faust presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Mary Ippel, Briggs & Morgan d. Councihnember Rossbach introduced the following Resolution and moved its adoption• 97-04-48 RESOLUTION CALLING PUBLIC HEARING ON THE PROPOSED ADOPTION OF A MODIFICATION OF THE TAX INCREMENT FINANCING PLANS FOR ECONOMIC DEVELOPMENT DISTRICT NO. 1-1, HOUSING DISTRICT NO. 1-1, HOUSING DISTRICT NO. 1-2, ECONOMIC DEVELOPMENT DISTRICT NO. 1-2, HOUSING DISTRICT NO. 1-3 AND ECONOMIC DEVELOPMENT DISTRICT NO. 1-3 WITHIN DEVELOPMENT DISTRICT NO. 1 BE IT RESOLVED by the City Council (the "Council") of the City of Maplewood, Minnesota (the "City"), as follows: 1. Public Hearing. This Council shall meet on Monday, May 12, 1997, at approximately 7:10 P.M., to hold a public hearing on the proposed adoption of a Modification of the Tax Increment Financing Plans for Economic Development District No. l-1, Housing District No. l-1, Housing District No. 1-2, Economic Development District No. 1-2, Housing District No. 1-3 and Economic Development District No. 1-3 within Development District No. 1, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469-134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.179, both inclusive, as amended (collectively, the "Act"). 2. Notice of Hearing. The City Clerk is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by the Act. Seconded by Councihnember Carlson Ayes - Mayor Bastian, Councihnembers Allenspach, Carlson, Rossbach Nays - Councilmember Koppen 2. Establishment of Tax Increment Funds for Each Tax Increment District a. Manager McGuire introduced the staff report. b. Director of Finance Faust presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: d. Councihnember Carlson moved to establish, retroactive to 1-1-97, nine tax increment funds to facilitate the preparation of state mandated reports for the Office 16 4-28-97 of State Auditor and to refer the issue ofwhether to amend prior year tax increment reports to the City Attorney for a formal opinion. Seconded by Councilmember Koppen Ayes - all 3. Appeal of CDRB Action -Richard Schreier Tri-plex (South of 1994 Clark St.) a. Manager McGuire introduced the staff report. b. Associate Planner Ken Roberts presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following persons were heard: Richard Schreier, the applicant Ruth Robelia, 423 Skillman Avenue East Margaret Oscarson, 1475 E. Eldridge John Oscarson, 1973 Desoto Marion Sable William Green, 431 East Skillman Fanny Carson, 2045 Arkwright Jim Bard, 445 E. Skillman John Oscarson, 1973 Desoto -second appearance Jim Bard, 445 E. Skillman -second appearance Doug Jones, owner, Tarry Town Town Homes John Oscarson, 1973 Desoto -third appearance Margaret Oscarson, 1475 E. Eldridge -second appearance Ruth Robelia, 423 Skillman Avenue East -second appearance d. Councilmember Rossbach moved to accept the Community Design Review Board's motion approving the proposed three-plex for Richard Schreier at the northeast corner of Clark Street and Mt. Vernon Avenue. Seconded by Councilmember Allenspach Ayes - Councilmembers Allenspach, Carlson, Koppen, Rossbach Nays - Mayor Bastian e. Councilmember Rossbach moved to drop the requirement for an in-ground lawn irrigation system since the site is small and would be conducive to watering by hoses and sprinklers. Seconded by Councilmember Allenspach Ayes - Councilmembers Allenspach, Carlson, Koppen, Rossbach Nays - Mayor Bastian 4. Local Performance Aid HEARD BEFORE G-2 5. Schedule Meeting to Review 1996 Annual Financial Report HEARD BEFORE G-2 6. Community Center Financial Report a. Manager McGuire introduced the staff report and specific information. 17 4-28-97 b. Director of Parks & Recreation Anderson presented additional information and responded to questions about the report c. Councilmember Carlson moved to accept the Community Center Financial Report Seconded by Councihnember Allenspach Ayes - all 7. Code of Ethics a. Manager McGuire introduced the staff report. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. c. Councihnember Carlson moved to adopt the following Code of Ethics to take effect 60 davs from Apri128 for current Councihnembers and 60 davs after Oath of Office for newly elected Councihnembers: CITY OF MAPLEWOOD CODE OF ETHICS AS A MEMBER OF THE CITY OF MAPLEWOOD COUNCIL I WILL STRIVE TO DO MY BEST TO SERVE AND ACT IN THE BEST INTEREST OF THE RESIDENTS: Attend all regularly scheduled Council and workshop meetings insofar as possible, and become informed concerning the issued to be considered at those meetings; Recognize the importance of making policy decisions only after full discussion at publicly held Council meetings; Render all decisions based on the available facts and exercise my independent judgement, and refuse to surrender that judgement to individuals or special interest groups; Respect and encourage the free expression of opinion by all Council members, and seek systematic communications between Council, staff, residents, businesses and all appropriate constituencies; Cooperate and work with other Council and staff members to establish effective policies and to delegate authority for the administration of these activities to the City Manager. Communicate to other Council members and the City Manager expressions of public reaction to policies and City activities; Support the employment of those persons best qualified to serve as staff, and support regular and impartial evaluation of all staff; Avoid being placed in a position of conflict of interest, and refrain from using my Council position for personal benefit; Take no private action that will compromise the Council or City staff and respect the confidentiality of information that is privileged under applicable law; and Remember that my first and greatest concern is the welfare of the residents and businesses represented in the City of Maplewood. Seconded by Councihnember Koppen Ayes - all 8. Small Claim Policy a. Manager McGuire introduced the staff report. 18 4-28-97 b. City Clerk Guilfoile presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following persons were heard: Kathy Zwick, 2625 Mayer Lane d. Mayor Bastian moved to amend the proposed policy from $500 per incident to $750 per incident. Seconded by Councilmember Carlson Ayes - all e. Councilmember Carlson moved to adopt the small claims policy as follows and a release form, and authorized staff to implement the policy effective immediately: SMALL CLAIMS POLICY I. PURPOSE AND NEED FOR POLICY The philosophy of the City extended to its constituents is to provide quality customer service. On occasion, our insurance carrier denies claims when the City has no legal obligation to pay, due to "spontaneous arising conditions." Although there may not be a legal obligation for the City to pay in a given situation, City staff may recommend reimbursement of certain claims arising from conditions beyond the foresceabifity and control of the City, failure to respond or action taken by the City. IL POLICY When claims are received and sent to the insurance carrier for processing, they will also be evaluated by the affected Department Head and the City Clerk. After evaluation, the City Managerwill be provided with a recommendation for approval of payment. An appropriation of $10,000 from the General Fund Contingency Accountwill be established with a $750 limit for any one incident. This amount may be reviewed from time to time and changed by the City Council. Recipients of these funds will be required to sign a disclaimer that releases the City from any future responsibility. This policy does not in any way conflictwith nor can it be used in addition to the City of Maplewood's Sanitary Sewer Back-up Cleaning Policy. III. PROCEDURE 1. The City Clerk will receive and process claims as currently established. The affected Department Head will be given a copy of the claim. If it is dcemed probable that the insurance carrier will deny the claim, at the discretion of City staff, reimbursement from the Contingency Account could be made. When the City pays a claim, the insurance carrier will be notified. In the event the carrier decides the claim is eligible for processing and payment, the amount already reimbursed by the City to the claimant will be withheld from the amount paid by our carrier to the claimant. 2. Claimant will sign a notarized "Claim Release" form releasing the City from future responsibility and submit receipts not to excced $750 for reimbursement. Receipts will be submitted to the Finance Department for payment. 19 4-28-97 IV. AUTHORITY Administrative implementation of policy that has been reviewed by the City Council. Seconded by Councihnember Koppen Ayes - all 9. Council Meeting Date a. Manager McGuire introduced the staff report. b. Councihnember Allenspach moved to hold the second Council meeting in Mav on May 27, 1997 at 7:00 P.M. Seconded by Councihnember Carlson Ayes - all K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS 1, Mayor's Update a. Mayor Bastian informed the Council of various upcoming meetings and activities. 2. County Roads a. Mayor Bastian commented on the condition of County roads, in particular, the condition of Highway 61 and Frost Avenue. b. Director of Public Works Haider indicated that that area would be done this year. M. ADMINISTRATIVE PRESENTATIONS 1. Oakdale/East County Line Fire Department a. Councihnember Carlson moved to go into closed session to discuss pending litigation Seconded by Councihnember Koppen Ayes - all CLOSED SESSION BEGAN AT 10:24 P.M. b. Councilmember Carlson moved to put this item on Mav 12, 1997 Agenda. Seconded by Councihnember Koppen Ayes - all c. Mayor Bastian moved to adiourn the special session. 20 4-28-97 Seconded by Councilmember Carlson Ayes - all CLOSED SESSION ADJOURNED AT 10:29 P.M. N. ADJOURNMENT 10:30 P.M. Karen Guilfoile, City Clerk 21 4-28-97