HomeMy WebLinkAbout02-09-1998 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, February 9,1998
Council Chambers, Municipal Building
Meeting No. 98-03
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 Rossbach.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
George F. Rossbach, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Kevin Kittridge, Councilmember Present
Marvin C. Koppen, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Meeting 98-02 (January 26, 1998)
Councilmember Allenspach moved to approve the minutes ofMeeting No. 98-03 (January 26,
1998) as presented.
Seconded by Councilmember Koppen Ayes -all
E. APPROVAL OF AGENDA:
Councilmember Koppen moved to approve the Agenda as amended:
Ll Shelter Proposal
L2 Elm Trees
L3 Mayor's Mailbox
Seconded by Councilmember Kittridge Ayes -all
F. APPOINTMENTS/PRESENTATIONS
1. Scout Troop 1542
Jonda Tolbert, along with other members of Troop 1542, attended the meeting to earn a
leadership badge, "Golden Award", the highest award in Girl Scouting.
Scout Leader Teri Rossbach, Toni Rossbach, Mara Rossbach and other members ofTroop 1542
also attended to observe the Council meeting.
2. Scout Troop 461
Lowell Colliander, Leader of Scout Troop 461, was present with members of the Scout Troop,
for a Charitable Gambling request.
1 2-9-98
G. CONSENT AGENDA:
Councilmember Koppen moved, seconded by Councilmember Carlson: ayes -all, to approve the Consent
Agenda. Items G1 thru G15, as recommended:
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 75,235.38 Checks #7369-#7373 Dated 1-15-98 thru 1-20-98
$ 122,845.17 Checks #35940-#36015 Dated 1-27-98
$ 54,006.13 Checks #7374-#7384 Dated 1-21-98 thru 1-30-98
$ 258.740.85 Checks #36018-#36130 Dated 2-3-98
$ 510,827.53 Total Accounts Payable
PAYROLL: $ 411,852.05 Payroll Checks and Direct Deposits Dated 1-23-98
$ 47,363.11 Payroll Deduction Checks #63446-#63458 Dated 1-23-98
$ 459,215.16 Total Payroll
$ 970,042.69 GRAND TOTAL
2. Human Relations Commission Appointment
Appointed Joan Wordeman to fill the vacancy onthe Human Relations Commission created by
the resignation of Lynn Croes. The term will expire on December 31, 2000.
3. Linwood Connection - No-Parking Resolution
98-02-09
NO PARKING -CENTURY AVENUE, LINWOOD AVENUE SOUTH TO NEW LAKE ROAD
CONNECTION
NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that no
parking be allowed on that portion of old Century Avenue from Linwood Avenue south to the
new Century Avenue connection with Lake Road.
2 2-9-98
4. Certification of Delinquent Utility Bills
Adopted the following Resolution:
98-02-10
CERTIFICATION OF DELINQUENT UTILITY BILLS
RESOLVED, that the City Clerk is hereby authorized and directed to certify to the
Auditor of Ramsey County the attached list of delinquent sewer rental charges, recycling
charges, and hydrant charges, said list made a part herein for certification against the tax levy
of said property owners for the year 1997, collectible in 1998, and which listing includes
interest at the rate of eight percent (8%) on the total amount for one year.
P.LN. Number Address Amount With Interest
17-29-22-23-0012-6 1700 McMenemy Street $281.62
10-29-22-33-0076-1 2246 English Street $281.70
5. Project 95-18: Bellaire, Beam-Lydia, Budget Adjustment
Authorized increasing the budget for Project 95-18, Bellaire Avenue, Beam Avenue to Lydia
Avenue, by $16,900 to cover additional work beyond the original scope of this project and a
contractor bid 6 percent higher than the consulting engineer's estimate. The revised financing
is as follows:
State Aid Funding $ 82,775
Special Assessments 41,825
Sewer Fund 2.600
$ 127,200
6. Project 97-08: Skillman Overlay, Budget Adjustment
Authorized increasing the budget for Project 97-08, Skillman Avenue, Desoto Street to
Edgerton Street by $27,100 to cover design changes and additional work beyond the original
scope of the project. The revised financing is as follows:
1997 C1P Budget $ 55,100
State Aid Funding $ 74.500
$129,600
7. Youth Initiative Grants
Adopted the following Resolution endorsing the Youth Initiative Grant Program:
98-02-11
A RESOLUTION SUPPORTING THE YOUTH INITIATIVE BILL
WHEREAS, the youth of our State need and deserve safe and attractive recreation
facilities.
WHEREAS, local governments do nothave the financial resources to completely address
the need.
WHEREAS, acooperative effortbetweenthe State and local governments would increase
recreation opportunities across the State.
NOW, THEREFORE, BE IT RESOLVEDthatthe Maplewood City Council encourages
3 2-9-98
the Minnesota Legislature to fund the $40 million Youth Initiative Grant Program.
8. Squad Car Purchase
Authorized the purchase of four 1998 vehicles (one Police patrol, two Police Paramedic, one
Fire Department) at $20,375 each.
9. City Manager's 1997 Evaluation
Accepted the evaluation ofthe City Manager's performance and authorized Merit Pay of 4.5%
of his 1997 salary.
10. East Twins Babe Ruth League, Inc.: Gambling Resolution-Keller Lake Lounge
Adopted the following Resolution:
98-02-12
AUTHORIZING LAWFUL GAMBLING - KELLER LAKE LOUNGE
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
premises permit for lawful gambling is approved for East Twins Babe Ruth League, Inc. to
operate at Keller Lake Lounge, 2280 Maplewood Drive, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as being in
compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
11. Transfers From Tax Increment Funds
Authorized appropriate 1997 Budget adjustments and 1997 transfers totaling $818,298.44 from
the Tax Increment Funds to the Debt Service Funds.
12. Transfers to Close Debt Service Funds for Five Bond Issues
Authorized closing of the following accounts be closed by transfers:
Fund #303 for the 1997 Public Works Building Bonds 406.56)
Fund #306 for the 1967 Sanitary Sewer Bonds (69,029.0
Fund #313 for the 1977 Improvement Bonds-1st Series (10,868.42)
Fund #314 for the 1977 Improvement Bonds-2nd Series 210,259.75
Fund #324 for the 1991 Capital Notes 679.86
Net Total $ 130,635.57
4 2-9-98
13. Amendment of Tax Increment Plan Budgets
Adopted the following Resolution:
98-02-13
RESOLUTION APPROVING THE MODIFICATION OF THE TAX INCREMENT FINANCING PLANS
FOR TAX ECONOMIC DEVELOPMENT DISTRICT NO. 1-1, HOUSING DISTRICT NO. 1-1,
ECONOMIC DEVELOPMENT DISTRICT NO. 1-2, HOUSING DISTRICT NO. 1-2,
HOUSING DISTRICT NO. 1-3, ECONOMIC DEVELOPMENT DISTRICT NO. 1-3,
HOUSING DISTRICT NO. 1-4, HOUSING DISTRICT NO. 1-5 AND
HOUSING DISTRICT NO. 1-6 WITHIN DEVELOPMENT DISTRICT NO. 1
WHEREAS:
A. It has been proposed thatthe City of Maplewood, Minnesota (the "City"), modify the tax increment
financing plans for Economic Development District No. 1-1, Housing District No. 1-1, Economic
Development District No. 1-2, Housing District No. 1-2, Housing District No. 1-3, Economic
Development District No. 1-3, Housing District No. 1-4, Housing District No. 1-5 and Housing
District No. 1-6 within Development District No. 1, under the provisions of Minnesota Statutes,
Sections 469.124 to 469.134 and 469.174 to 469.179 (collectively, the "Act"); and
B. The City Council has investigated the facts and has caused to be prepared a proposed modification
of the tax incrementfinancing plans for Economic Development District No. 1-1, Housing District
No. 1-1, Economic Development District No. 1-2, Housing District No. 1-2, Housing District No. 1-
3, Economic Development District No. 1-3, Housing District No. 1-4, Housing District No. 1-5 and
Housing District No. 1-6 within Development District No. 1 to reduce the outlined tax increment
expectations authorized to be included in Development District No. 1; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood as
follows:
1. Modification ofthe Tax Increment Financing Plans for Economic Development Districts Nos.
1-1, 1-2 and 1-3. The budgets for the Tax Increment Financing Plans for Economic
Development Districts Nos. 1-1, 1-2 and 1-3 are amended as setforth in Exhibits A through C.
The City Council makes the following findings with respect to Economic Development
Districts Nos. 1-1, 1-2 and 1-3:
(a) Economic Development Districts Nos. 1-1, 1-2 and 1-3 when established were
established as economic development districts as defined in Minnesota Statutes,
Section 469.174, Subd. 12. The City reaffirms the findings previously made
with respect to the establishment of Economic Development Districts Nos. 1-1,
1-2 and 1-3.
(b) The City reaffirms that the development activities contemplated in the Tax
Increment Financing Plans, in the opinion of the City Council, would not occur
solely through private investment within the reasonably foreseeable future and
therefore the use of tax increment financing is deemed necessary.
The reasons supporting this finding are that:
The activities authorized by the Modification of the Tax Increment
Financing Plans would not have occurred withoutthe use oftax increment
financing. Private investment would not finance those activities.
(c) The Tax Increment Financing Plans for Economic Development Districts Nos.
1-1, 1-2 and 1-3 conform to the general plan for development or redevelopment
of the City of Maplewood as a whole.
The reasons for supporting this finding are that:
5 2-9-98
(i) Economic Development Districts Nos. 1-1, 1-2 and 1-3 are properly
zoned; and
(ii) The Tax Increment Financing Plans will generally compliment and
serve to implementpoliciesadopted inthe City's comprehensive
plan.
(d) The Tax Increment Financing Plans will afford maximum opportunity,
consistent with the sound needs of the City of Maplewood as a whole, for the
development or redevelopment of Development District No. 1 by private
enterprise.
The reasons supporting this finding are that:
The development activities are necessary so that development and
redevelopment by private enterprise can occur within Development District No.
1.
2. Modification of the Tax Increment Financing Plans for Housing Districts No. 1-1, 1-2, 1-
3, 1-4, 1-5 and 1-6. The budgets for the Tax Increment Financing Plans for Housing
Districts Nos. 1-1, 1-2, 1-3, 1-4, 1-5 and 1-6 are amended as set forth in Exhibits D
through L The City Council makes the following findings with respect to Housing
Districts Nos. 1-1, 1-2, 1-3, 1-4, 1-5 and 1-6:
(a) Housing District Nos. 1-1, 1-2, 1-3, 1-4, 1-5 and 1-6 when established were
established as housing districts as defined in Minnesota Statutes, Section
469.174, Subd. 11. The City reaffirms the findings previously made with
respect to the establishment of Housing Districts Nos. 1-1, 1-2, 1-3, 1-4, 1-5 and
1-6.
(b) The proposed development in the opinion of the city Council, would not have
occurred solely through private investment within the reasonably foreseeable
future and therefore the use of tax increment financing was necessary.
The reasons supporting this finding are that:
The activities authorized by the Modification of the Tax Increment
Financing Plans would not occur without the use of tax increment financing.
Private investment would not finance these activities.
(c) The Tax Increment Financing Plans for Housing District Nos. 1-1, 1-2, 1-3, 1-4,
1-5 and 1-6 conform to the general plan for development or redevelopment of
the City of Maplewood as a whole.
The reasons for supporting this finding are that:
(i) Housing Districts Nos. 1-1, 1-2, 1-3, 1-4, 1-5 and 1-6 are properly zoned;
and
(ii) The Tax Increment Financing Plans will generally compliment and serve
to implement policies adopted in the City's comprehensive plan.
(d) The Tax Increment Financing Plans will afford maximum opportunity,
consistent with the sound needs of the City of Maplewood as a whole, for the
development or redevelopment of Development District No. 1 by private
enterprise.
The reasons supporting this finding are that:
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The development activities are necessary so that development and
redevelopment b private enterprise can occur within Development District No.
1.
3. Filing. The City Clerk is further authorized and directed to file a coppy of the
Modifications to the Tax Increment Financing Plans with the Commissioner oY~Revenue.
14. Carryover of 1997 Appropriations to 1998
Approved the following carryovers from the 1997 Budget to the 1998 Budget:
Department heads have requested the following General Fund carryovers:
1997 Acct. No.
Department Amount (1998 Acct. No.) For
City Council $ 2,200 101-101-4490 Indexing the minutes of Council
(101-302-4480) meetings
City Manager's
Office 1,000 101-102-4630 Replacement of chairs
Human Resources 1,840 101-105-4480 Police Civil Service Commission
City Clerk 16,000 101-302-4480 Re-codification of city ordinances
Fire Department 64,000 101-404-4710 Purchase of land for new fire station
Public Works 59,290 101-501-4490 Study to meet PCA requirements for clean up
of old city dump
Community Dev. 1,000 101-701-4020 Upgrade four computers to utilize
(101-701-4160) new building permit software
550 101-702-4011 New chair for intern
(101-701-4630)
650 101-703-4480 State sales tax on software
(101-701-4630)
$146,530 General Fund Total
In addition to the above, carryover requests have been received for the following other funds:
7 2-9-98
1997 Acct. No.
Department Amount (1998 Acct. No.~ For
Hazardous
Materials Fund $18,065 204-112-xxxx Development of hazmat response team
Charitable Gambling 340 205-000-4120 Historical Society
1,295 205-000-4530 City rental of rooms at MCC
CIP 46,040 405-000-4759 Complete street seal coating
Street Construction
State Aid 2,000 404-000-4759 Reimbursement due developer for pond outlet
at Oakridge 2nd
80,000 404-000-4759 Beam/Kennard signal agreement
28,000 404-000-4759 Larpenteur/Payne joint storm sewer project
with St. Paul
$175,740 Total for other funds
15. Park & Recreation Commission Appointments
Appointed Peter J. Frank to fill the vacancy on the Park & Recreation Commission, and
reappointed Bonnie Qualley and Marabeth Timmers to serve until 12-31-2000.
H. PUBLIC HEARINGS
1. 7:00 P.M. (7:08 P.M.): Project 95-ll, Century Ave. North of Highwood, Assessment
Hearing
a. Mayor Rossbach convened the meeting for a public hearing regarding proposed
assessments for property affected by City Project 95-11.
b. Manager McGuire introduced the staff report.
c. City Attorney Kelly explained the procedure for public hearings.
d. Director of Public Works Haider presented the specifics of the report.
e. Mayor Rossbach opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Ken Gervais, 2373 Linwood Avenue, speaking for
Robert Carver, 2714 Highwood Avenue
Eric Morley, 801 S. Century Avenue
Mike Hammett, 885 S. Century Avenue, representing his father,
Zeno Hammett, 885 Century Avenue S.
f Mayor Rossbach closed the public hearing.
g. Councilmember Carlson introduced the following Resolution and moved its
adoption:
8 2-9-98
98-02-14
ADOPTION OF ASSESSMENT ROLL -PROJECT 95-11, CENTURY AVENUE NORTH OF
HIGHWOOD
WHEREAS, pursuant to proper notice duly given as required by law, the City Council has
met and heard and passed on all objections to the proposed assessment for the construction of
Century Avenue North of Highwood Improvements as described in the files of the City Clerk as
Project 95-11, 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, 1999, and shall bear interest at the rate of 7.0 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, 1999. 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 maybe
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
DUE TO TIME RESTRAINTS, COUNCIL MOVED TO I. AWARD OF BIDS
I. AWARD OF BIDS
1. Project 96-17: Lift Station 7
9 2-9-98
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report.
a Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter.
No one appeared.
d. Councilmember Carlson introduced the followine_ Resolution and moved its
adoption:
98-02-15
AWARD OF BID -ARCADE LIFT STATION 7, CITY PROJECT 96-17
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the bid of Arcon Construction, Inc., in the amount of $324,255.19 is
the lowest responsible bid for the construction of Arcade Lift Station 7, City Project 96-
17, and the Mayor and Clerk are hereby authorized and directed to enter into a contract
with said bidder for and on behalf of the City.
The Finance Director is hereby authorized to make the financial transfers necessary
to implement the financing plan for the project.
Seconded by Councilmember Koppen Ayes - all
J. UNFINISHED BUSINESS
NONE
K. NEW BUSINESS
1. Charitable Gambling Requests -First Quarter 1998
a. Manager McGuire introduced the staff report and presented the specifics of the
report.
a Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter.
No one appeared.
d. Councilmember Koppen moved to approve City Manager recommendation
annroving items that are in the budget and other items directly related to the City
Communit Center rentals $20 000 National Ni ht Out $1 500 Bloodmobile
180. Police Cadets $2.000) totaling $92.360. After it is determined the Ramsey
County Fair will be held in Maplewood, the $7.080 budgeted for the fair will be
addressed. If part or all of the fair stays in the budget, then the $8.157 shortage will
be addressed. The use of Charitable Gambling will be addressed at a CounciUCity
Manager workshop or at he Council Retreat.
Seconded by Councilmember Kittridge Ayes - all
L. VISITOR PRESENTATIONS
NONE
10 2-9-98
M. COUNCIL PRESENTATIONS
1. Shelter Proposal
a. Discussion was held regarding the Ramsey County proposed homeless shelter to be
constructed on County Road B.
b. Councilmember Carlson moved to direct staff to write a letter to Ramsey County
noting various citizen's concerns regarding the building location.
Seconded by Councilmember Allenspach Ayes -all
RETURN TO H. PUBLIC HEARINGS
2. 7:30 P.M.: Conditional Use Permits: 2345 Maryland Avenue (Wykoft)
a. Mayor Rossbach convened the meeting for a public hearing regarding a request
from John Wykoff for two conditional use permits for his property at 2345
Maryland Avenue.
b. Manager McGuire introduced the staff report.
c. Director of Community Development Coleman presented the specifics of the report.
d. Commissioner Lorraine Fisher presented the Planning Commission report.
e. Mayor Rossbach opened the public hearing, calling for proponents or opponents.
The following persons were heard:
John Wykoff, 2345 Maryland Avenue, the applicant
Gary Salkowicz, 2299 East Maryland
g. Mayor Rossbach closed the public hearing.
Additional Accessory Building Space
h. Councilmember Koppen introduced the following Resolution and moved its
adoption:
98-02-16
CONDITIONAL USE PERMIT -INCREASED ACCESSORY BUILDING SPACE
WHEREAS, John Wykoff is requesting that Maplewood approve a conditional use permit for
the construction of additional detached accessory building space on his property at 2345 Maryland
Avenue.
WHEREAS, this permit applies to the property at 2345 Maryland Avenue. The legal
description is:
The west 75 feet of the east 440 feet of the south 503 11/12 feet of the
Southwest 1/4 of the Southwest 1/4 in Section 24, Township 29, Range 22.
(PIN 24-29-22-33-0011)
11 2-9-98
WHEREAS, the history of this conditional use permit is as follows:
1. On January 20, 1998, the Planning Commission recommended that the City Council
approve this permit.
2. On February 9, 1998, 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 everpone 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 that the City Council approve the above-described
conditional use permit based on the building and site plans. The City approves this 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 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 plans dated December 15, 1997 as approved by the
city. The director of community development may approve minor changes. The
total amount of detached accessory building space on the property shall not exceed
1,500 square feet.
2. The proposed construction must be started within one year after Council approval
or the permit shall end. The Council may extend this deadline for one year.
3. The owner shall not use the detached accessory building or garage space for the
repair of other persons' motor vehicles or commercial or business activities unless
the City Council approves such a request.
4. The owner shall only use the detached accessory building and garage space for
personal use and storage.
5. The owner shall remove the brown storage shed from the rear yard after finishing
the accessory building.
12 2-9-98
6. The City Council shall review this permit only if a problem develops.
Seconded by Councilmember Carlson Ayes - all
One-Ton Truck
i. Councilmember Koppen introduced the following Resolution and moved its
adoption:
98-02-17
CONDITIONAL USE PERMIT -HEAVY COMMERCIAL VEHICLE STORAGE AND PARKING
WHEREAS, John Wykoff is requesting that Maplewood approve a conditional use permit to
store and park a heavy commercial vehicle (a one-ton pickup truck) on his property at 2345
Maryland Avenue.
WHEREAS, this permit applies to the property aY 2345 Maryland Avenue. The legal
description is:
The west 75 feet of the east 440 feet of the south 503 11/12 feet of the
Southwest 1/4 of the Southwest 1/4 in Section 24, Township 29, Range 22.
(PIN 24-29-22-33-0011)
WHEREAS, the history of this conditional use permit is as follows:
1. On January 20, 1998, the Planning Commission recommended that the City Council
approve this permit.
2. On February 9, 1998, 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 that the City Council approve the above-described
conditional use permit based on the building and site plans. The City approves this 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 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.
13 2-9-98
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. The owner must start storing or parking the heavy commercial vehicle on his
property within one year after Council approval or the permit shall end. The
Council may extend this deadline for one year.
2. The owner shall only use the heavy commercial vehicle for personal use and not for
commercial or business activities unless the City Council approves such a request.
3. The City Council shall review this permit only if a problem develops.
Seconded by Councilmember Carlson Ayes - all
M. COUNCIL PRESENTATIONS
2. Elm Trees
a. Councilmember Rossbach moved to direct staff to review the tree ordinance.
Seconded by Councilmember Allenspach Ayes - all
3. Mayor's Mailbox
a. Report on Mayor's Forum. The neat Forum will be held on March 7th, 10:00 A. M.
to Noon at the Maplewood Room.
N. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT
Councilmember Carlson moved to adjourn the meeting at 8:10 P. M.
Seconded by Councilmember Allenspach Ayes - all
Karen Guilfoile, City Clerk
14 2-9-98