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