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HomeMy WebLinkAbout03-08-93 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, March 8, 1993 Council Chambers, Municipal Building Meeting No. 93-07 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 The Pledge of Allegiance was led by Boy Scout-Troop 577. C. ROLL CALL: Gary W. Bastian, Mayor.:. Present Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F, Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES: 1. Council/Manager Meeting of February 18, 1993 Councilmember Zappa moved to approve the minutes of Council/Manager of Februarv 18. 1993 as presented. Seconded by Councilmember Carlson Ayes - all 2. Meeting 93-05 (February 22, 1993) Councilmember Zappa moved to approve the minutes. of Meeting No. 93-07 (Februarv 22. 1993) as presented. Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker, Rossbach, Zappa Abstain - Mayor Bastian E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended. L-i HAZMAT L-2 Share-A-Home Letter L-3 Building Reports L-4 Mosquito Control L-5 Forum Update M-1 Council/Manager Meeting Seconded by Councilmember Zappa Ayes - all ~A. PRESENTATIONS NONE 1 3-8-93 F. CONSENT AGENDA Mavor Bastian moved. seconded by Councilmember Zaopa. aves - all. to approve the consent aoenda items 1. 3. 4 and 5 as recommended. (On item F-2 Councilmember Juker voted "nav"l. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: S 179,917.98 Checks #24282 - #24348 Dated 2-10-93 thru 2-24-93 S 295.261.49 Checks #20110 - #20226 Dated 3-8-93 S 475,179.47 Total per attached voucher/check register _ PAYROLL: S 206,245.77 Payroll Checks #31081 thru #31252 Dated 2-26-93 S 43.111.92 Payroll Deduction Checks #31257 thru #31268 dated 2-16-93 S 249,357.69 Total Payroll 5 724.537.16 GRAND TOTAL 2. 1993 Pay Rates for Temporary and Part-Time Employees (Non Union) 93-03-22 SETTING 1993 PAY RATES FOR TEMPORARY AND PART-TIME EMPLOYEES (NON-UNION) WHEREAS, according to the Minnesota Public Employees Labor Relations Act, part-time employees who do not work more than 14 hours per week and temporary employees who do not work in excess of 7 days in a calendar year are not covered by union contract wage rates. NOW, THEREFORE, BE IT RESOLVED, that the following pay rate maximums are hereby established for temporary and part-time employees effective March 1, 1993. Specialized Recreation Worker 512.32 per hour Recreation Worker 8.25 per hour Recreation Official 18.52 per hour Puppeteers 30.85 per show Accountant 15.52 per hour Administrative Assistant 13.68 per hour Secretary 11.34 per hour Accounting Clerk -11.73 per hour Clerk-Typist 10.48 per hour Video Coordinator 10.50 per hour Video Technical 9.50 per hour Election Judge 6.10 per hour Election Precinct Chairman 6.35 per hour Laborer 6.61 per hour Engineering Aide 7.24 per hour Janitor 5.55 per hour BE IT FURTHER RESOLVED, that the minimum pay rates for each of the above be (1) the amount specified by Federal and/or State law for those positions covered and (2) 52.75 per hour for those positions not covered by Federal or State Law. 2 3-8-93 BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. 3. Change of Manager - Red Lobster Gerry L. Walton answered questions from the Council.. The Council then approved the application of Gerry L. Walton for a liquor license at Red Lobster, 2925 White Bear Avenue, where he will be serving as the new manager. 4. Change of Manager - The Olive Garden Stephen A. Kenow answered questions from the Council. The Council then approved the application of Stephen A. Kenow for a liquor license at The Olive Garden, 1749 Beam Avenue, where he will be serving as the new manager. 5. Annual Renewal of Charitable Gambling Licenses Adopted the following Resolutions renewing charitable gambling licenses for 1993: 93-03-23 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for St. Jerome's School to be located at Dean's Tavern, 1986 Rice Street. 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 Minn. Statutes No. 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 Minn. Statutes No. 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. 93-03-24 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for St. Jerome's School to be located at 376 Roselawn Avenue E. 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 Minn. Statutes No. 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 Minn. Statutes No. 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. 3 3-8-93 93-03-25 - APPROVING CHARITABLE 6AMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for Hill Murray Pioneer Booster Club to be located at Maplewood Bowl, 1955 English Street. 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 Minn. Statutes No. 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 Minn. Statutes No. 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. 93-03-26 APPROVING CHARITABLE 6AMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for Transfiguration School to be located at 953 Ferndale Avenue. 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 Minn. Statutes No. 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 Minn. Statutes No. 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. 93-03-27 APPROVING CHARITABLE 6AMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for North Maplewood Lions to be located at Gulden's Roadhouse, 2999 North Highway 61. 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 Minn. Statutes No. 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 Minn. Statutes No. 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. 4 3-8-93 93 - 03 - 28 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for North Maplewood Lions to be located at L & L Hall, 1310 Frost Avenue. 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 Minn. Statutes No. 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 Minn. Statutes No. 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. 93-03-29 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for North Maplewood Lioness to be located at L & L Hall, 1310 Frost Avenue. 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 Minn. Statutes No. 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 Minn. Statutes No. 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. 93-03-30 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for Presentation of B.V.M. Church located at the Presentation of B.V.M. Church, 1725 Kennard Street. 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 Minn. Statutes No. 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 Minn. Statutes No. 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. 5 3-8-93 _ 93-03-31 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for Loyal Order of Moose located at the Moose Lodge #963, 1946 English Street. 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 Minn. Statutes No. 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 Minn. Statutes No. 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. 93-03-32 APPROVING CHARITABLE GAMBLING - BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that ` the premises permit for lawful gambling is approved for the St. Paul Educational Foundation (St. Paul Ski Club) to be located at the Chalet. Lounge, 1820 Rice Street. 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 Minn. Statutes No. 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 Minn. Statutes No. 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. 93-03-33 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for the East Twins Babe Ruth League to be located at the Keller Lake .lounge, 2280 Maplewood Drive. 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 Minn. Statutes No. 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 Minn. Statutes No. 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. 6 3-8-93 93-03-34 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the- premises permit for lawful gambling is approved for The Merrick Companies to be located at Garrity's, 1696 White Bear Avenue. 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 Minn. Statutes No. 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 Minn. Statutes No. 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. G. PUBLIC HEARINGS 1. 7:00 P. M. (7:10 P.M.) - Conditional Use Permit: 2659 Tth St. (Nature Center) a. Mayor Bastian convened the meeting for a public hearing regarding Conditional Use Permits and a Design Review for an addition at the Maplewood Nature Center. b. Manager McGuire presented the staff report. c. Director of Community Development Olson resented the specifics of the report. d. Commissioner Ellensbach presented the Planning Commission recommendation. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: _ Mr. Ken Norby, Architect Ann Hutchinson, Naturalist, Maplewood Nature Center f. Mayor Bastian closed the public hearing. g. Mayor Bastian introduced the following Resolution and moved its adoption: 93-03-35 CONDITIONAL USE PERMIT FOR NATURE CENTER ADDITION WHEREAS, the City of Maplewood applied for a conditional use permit to construct a 1,400-square-foot addition onto the Maplewood Nature Center. WHEREAS, City Code requires a conditional use permit for a public building. WHEREAS, City Code requires a conditional use permit to build this addition - within 50 feet of the side lot line. 7 3-8-93 WHEREAS, this addition would be forty feet from the side lot line. WHEREAS, this permit applies to 2659 East Seventh Street. The legal description is: Lot 18, Block 4, Midvale Acres WHEREAS, the history of this conditional use permit is as follows: 1. On February 16, 1993, the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on March 8, 1993. The City staff published a notice in the official newspaper and sent notices to the surrounding property owners. The Council considered reports from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the 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 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: to All construction shall follow the site plan that the City stamped November 25, 1992. The Director of Community Development may approve minor changes. (Code requirement) 2. The proposed construction must be started within one year or this permit shall become void. The Council may extend this deadline for one year. (Code requirement) 8 3-8-93 3. The City Council shall not review this permit again unless a problem develops or a time extension is needed. 4. The addition shall be at least 80% screened from the house to the east. Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers _ Carlson, Rossbach, Juker Nays - Councilmember Zappa 2. 7:15 P. M. (7:30 P.M.) - Conditional Use Permit: Atlantic Street (Monette) a. Mayor Bastian convened the meeting for a public hearing regarding a request from Monette Construction Company, Inc. for a storage yard and Plan review for a proposed building. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Ellensbach presented the Planning Commission report. e. Boardmember Holder presented the Community Design Review Board report. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Rodney Breheim, 1940 Atlantic Street Tom Monette, the applicant g. Mayor Bastian closed the public hearing. h. Councilmember Zappa introduced the following Resolution and moved its adoption. sub.iect to Tom Monette doing the following_ 1. Repeat this review in two years if the City has not issued a building permit for this project. 2. Replace property irons that are removed because of this construction. 3. Provide one handicap-parking space and install a handicap- parking sign that complies with the Americans with Disabilities Act. 4. Construct a trash dumpster enclosure as City Code requires for outside trash storage, unless the Community Design Review Board waives this requirement. The enclosure shall be large enough to hold all dumpsters planned for the site. The enclosure must match the color of the building and have a closeable gate. 5. Sod, rather than seed, the yards on the south, east and north sides of the building. 6. Install an in-ground sprinkler system for all lawn and landscaped areas as the Code requires. 9 3-8-93 7. Make the building color an earth tone, subject to staff approval. 8. Install site security lighting as the Code requires. 9. Screen the site as follows: a. Build an eight-foot-tall, decorative wood screening fence surrounding the storage yard. b. The screening fence shall meet the requirements of City Code and be maintained yearly. The Council may require additional improvements when reviewed. c. The applicant shall submit fencing and landscaping plans to the Community Design Review Board for approval. _ d. Stored goods and materials shall not exceed the height of the fence. 10. Erect temporary fencing around the existing trees before doing any grading. 11. Drain all stormwater runoff from impervious surfaces to an underground, on-site stormwater collection system that is connected to a public stormwater system. 12. Submit a cash escrow or an irrevocable letter of credit to the City for any required work that is not completed by occupancy. The required escrow amount shall be 150% of the cost of the unfinished work. Tom Monette shall give Staff an agreement that will allow the City to complete any unfinished work. Direct the Public Works Department to remove the sign that prohibits truck traffic on Atlantic Street, south of Frost Avenue. 93-03-36 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Monette Construction Company, Inc. applied for a conditional use permit to build a storage yard. WHEREAS, this permit applies to the property at the southwest corner of Atlantic Street and the DNR pedestrian trail north of Front Avenue. The legal description is: VACATED ALLEY ACCRUING AND FOLLOWING: EXCEPT THE SOUTH 10 FEET; THE EAST 8.57 FEET OF LOT 14 ALSO THE EAST 8.57 FEET OF LOTS 11 THRU 13 ALSO EXCEPT THE SOUTH l0 .FEET OF PART WEST OF THE EAST 103.57 FEET; LOT 6 AND ALL OF LOTS 7 THRU LOT 10 BLOCK 3 LINCOLN PARK. WHEREAS, the history of this conditional use permit is as follows: 1. On February 16, 1993, the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on March 8, 1993. 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. 10 3-8-93 NOW, THEREFORE, BE IT RESOLVED that the 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 runoff, 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 shalt follow the site plan that the City stamped December 24, 1992. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started or the proposed use utilized within one year of Council approval or the permit shall become null and void. The Council may extend this deadline for one year. 3. Truck traffic shall be limited to pick-up trucks, delivery vans and no more than four semi-truck deliveries each year. 4. The City Council shall review this permit in one year, and with each subsequent review, particular attention will be given to the use and condition of the storage yard. Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Council members Carlson, Rossbach, Zappa Nays - Councilmember Juker 11 3-8-93 3. 7:30 P.M. (8.44 P.M.) - Conditional Use Permit: 2194 Van Dyke Street (Launderville) a. Mayor Bastian convened the meeting for a public hearing regarding a request for Mr. Launderville to store a one-ton tow truck at his home in an R-1 (single dwelling) zoning district. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Ellensbach presented the Planning Commission Report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Paris Getty, Attorney for Laundervilles Manfred Reichert, 2172 Van Dyke Street f. Mayor Bastian closed the public hearing. g. Councilmember Rossbach introduced the following Resolution and moved its adoption• 93-03-37 CONDITIONAL USE PERMIT WHEREAS, Ronald Launderville applied for a conditional use permit to store a one- . tan tow truck at his house. WHEREAS, this permit applies to 2194 Van Dyke Street. The legal description is: The West 360 feet of Lot 2, Block 9, Smith and Taylor's Addition to North St. Paul (Pin 11-29-22-33-0046). WHEREAS, the history of this conditional use permit is as follows: 1. On February 16, 1993, the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on March 8, 1993. 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 that the City Council approve the above-described conditional use permit, because: i. 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. 12 3-8-93 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. The tow truck shall be parked in the garage when it is on the property. 2. Mr. Launderville shall not store towed vehicles on this site, unless he or his family own the vehicles. 3. There shall be no outdoor storage of junk or inoperable vehicles or vehicle parts on the property. There shall be no storage or repair of vehicles on the site, except those owned by people living on the property. 5. There shall be no overnight parking of vehicles on Van Dyke Street.. (City Code requirement.) 6. The City Council shall review this permit in one year to make sure that the conditions are being met. Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker, Rossbach Nays - Mayor Bastian, Councilmember Zappa H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS i. Screening Ordinance (2nd Reading - 4 Votes) a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved aoproval of second reading of the following ordinance to change the Citv's rooftop screening requirements: 13 3-8-93 ORDINANCE N0. 710 AN ORDINANCE CHANGING THE CITY'S ROOFTOP SCREENING REQUIREMENTS The Maplewood City Council approves the following changes to. the Maplewood Code of Ordinances: Section 1. This section changes Section 36-27(b) as follows: (b) Screening shall be provided where: 1) The light from automobile headlights and other sources would be directed into residential windows. 2) There would be exterior storage of goods or materials that could annoy or endanger property owners or residents. 3) Mechanical equipment on the ground or roof would be visible from public streets or adjoining property. Mechanical equipment shall not include chimneys, antennas or vents. The City shall not require screening for single dwellings, double dwellings, mobile homes or - equipment for individual town house units. Equipment that serves more than one-town house unit shall be screened. The Community Design Review Board may waive the screening requirement for mechanical equipment if they determine that screening would not improve the building appearance or protect property values. If the Board waives this requirement, they shall require that - the mechanical equipment be painted to match the building. Such screening shall be compatible with the materials and design of the principal building and subject to staff or Design Review Board approval. Approval shall be based on creativity in design. to enhance the esthetics, durability of the structure and materials, and the percent of screening afforded. The screening and mechanical equipment shall be painted or stained to match the building. 4) A parking lot is constructed next to a property that is used or shown on the City's land use plan for single- or double-dwelling use. The Community Design Review Board may waive this requirement if they determine that screening would not be needed or would not protect surrounding property values. Section 2. This ordinance shall take effect after its passage. - Seconded by Councilmember Zappa Ayes - all 2. Soccer Field Sign - Hazelwood, 1663 County Road C East a. Manager McGuire presented the staff report. b. Director of Parks & Recreation Odegard presented the specifics of the report. 14 3-8-93 c. Councilmember Rossbach moved to accent staff recommendation and accent the concept sign for Hazelwood Park indicating the soccer field locations and to accent the donation from the North East Soccer Association in the amount of S1 669.86. which shall be placed in the Hazelwood Park Development Fund (403-814-324-4720). Seconded by Councilmember Zappa Ayes - all 3. Open Space Discussion (From Council Presentations of Previous Meeting) a. Mayor Bastian commented that Council had placed this item on the Agenda to open discussion and determine what is needed now to go further with the open space program. b. Councilmember Rossbach moved to research whatever information is necessary to proceed with holding a referendum to acquire properties designated for open space cost of acquisition and what it would cost ,per household. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa d. Councilmember Carlson introduced the following Resolution to show intent to hold a referendum and moved its adoption: 93-03-38 RESOLUTION OF INTENT TO HOLD REFERENDUM BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota that it is their intent to conduct a referendum for the purpose of providing money for the purchase of land for open space. Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach Nays - Councilmembers Juker, Zappa 4. Public Safety Future Meeting (From Council Presentations of Previous Meeting) a. Councilmember Zappa moved to direct staff to report to Council regarding establishing Public Safety Committees - to discuss the pros and cons of who should serve on committees. Staff to provide Council with available dates for a meeting. Seconded by Mayor Bastian Ayes - all J. NEW BUSINESS 1. Y.S.D. 623 Cooperative Agreement a. Manager McGuire presented the staff report. b. Cathy Juenemann addressed the Council. 15 3-8-93 c. Councilmember Zappa moved to authorize the Mayor and Citv Manager to enter into a coouerative agreement with I.S.D. 623 for a community facility and that the S250 000 be funded from commercial P.A.C. funds. Seconded by Councilmember Juker Ayes - all 2. MWCC Offer of Matching Grant Infiltration/inflow Control Project a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Zappa introduced the following Resolution and moved its adoQtion• 93-03-39 APPLICATION FOR MWCC MATCHING GRANT RESOLVED BY THE MAPLEWOOD, MINNESOTA CITY COUNCIL that the City Engineer is authorized to apply for an MWCC sponsored matching infiltration/inflow control grant of up to 510,000 and that the City Engineer act as the contact person for the City. Seconded by Mayor Bastian Ayes - all 3. 1993 Dispatching Contracts - No. St. Paul a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to approve the dispatching agreement between North St Paul and the Citv of Maplewood. Seconded by Councilmember Carlson Ayes - all c. Councilmember Zappa moved that in the future this will be a Consent A-icenda item. Seconded by Mayor Bastian Ayes - all 4. Sale of Lot West of 1694 Burke a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to proceed with selling the property, with all costs incurred to be charged to the price of the lot. Seconded by Mayor Bastian Ayes - all 5. Canine Unit a. Manager McGuire presented the staff report. 16 3-8-93 b. Director of Public Safety Collins presented the specifics of the report. c. Councilmember Zappa moved to not increase the canine unit at this time. MOTION FAILED FOR LACK OF A SECOND d. Councilmember Rossbach moved to adopt staff recommendation and authorize replacement of the canine unit. Seconded by Councilmember Juker Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa J-A. CONTINUATION OF PUBLIC HEARING 1. Maplewood Estates 2nd Addition a. Councilmember Zappa moved to limit testimony to 1/2 hour. Seconded by Councilmember Rossbach Ayes - all MAYOR BASTIAN CALLED A 5-MINUTE RECESS MAYOR BASTIAN RECONVENED THE MEETING AT 9:55 P.M. b. Mayor Bastian reconvened the public hearing, calling for anyone who wished to speak before the Council. The following were heard: Mr. Robert Marlon, Sterling & Ripley (2488 Ripley) Water problems Lewis Haak, 1817 Mary Jo Lane Duane Lundgren, 1845 Lakewood Drive Tracy Flynn, 1721 McKnight Lane B. J. Hoak, 1817 Mary Jo Lane Janet Grant, 1709 McKnight Road Lucy Paschke, 1772 McKnight Road Lowell Bandelow, 1750 McKnight Road Steve Johnston, representing the developer Josh Mengfeld, President of North Suburban Development, 8741 Central Ave., Blaine: "Do not have completed construction drawings, have not solicited bids from a~ firms at this time; I was not even aware that there was a Rossbach Construction firm that would be interested in this type of work; so we definitely are not in any .negotiations with anybody of that association." c. Mayor Bastian closed the public hearing COUNCILMEMBER JUKER MOVED TO SUSPEND THE RULES OF PROCEDURE AND CONTINUE THE MEETING UNTIL THE AGENDA IS COMPLETED. SECONDED BY COUNCILMEMBER ROSSBACH AYES - MAYOR BASTIAN, COUNCILMEMBERS JUKER, ROSSBACH, ZAPPA NAYS - COUNCILMEMBER CARLSON 17 3-8-93 Environmental Impact Statement d. Councilmember Zappa moved to take no action on the Environmental Impact Statement. Seconded by Councilmember Rossbach Ayes - Councilmembers Juker, Rossbach, Zappa - Nays - Mayor Bastian, Councilmember Carlson Land Use Plan Change: R-3M to R-1 ~ OS (4 Votes) e. Councilmember Zappa introduced the following Resolution and moved its adoption• 93-03-40 LAND USE PLAN CHANGE RESOLUTION WHEREAS, North Suburban Development, Inc. (Roger Kolstad) applied for a change to the City's land use plan from R-3M (residential medium density) to - R-1 (single dwellings). and OS (open space). = WHEREAS, this change applies to the property located at Ripley Avenue at Lakewood Drive and Myrtle Street. The legal description is Lot 1, Block 1 of Maple Woods Estates (PIN 13-29-22-34-0001). WHEREAS, the history of this change is as follows: 1. The Planning Commission held a public hearing on March 2, 1992. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended to the City Council that the plan amendment be approved. 2. .The City Council discussed the plan amendment on March 4, 1993. They considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described change for the following reasons: 1. It would be consistent with the goals and objectives of the Comprehensive Plan. 2. The developer is proposing to develop the site for single dwellings. 3. Single dwellings would be more compatible with the homes to the north than multiple dwellings. 4. The City has already planned the homes to the north of this site for RL use. 5. It would reduce the allowable density and traffic from this site. Seconded by Councilmember Juker Ayes - all 18 3-8-93 land Use Plan Change: Sterling St. (4 Votes) f. Councilmember Zappa moved to chance the minor collector south of Laroenteur. g. Councilmember Carlson moved to table this item until after the Sterling Street Vacation discussion. Seconded by Mayor Bastian Ayes - all Zoning Map Change (4 Votes) h. Councilmember Zappa introduced the following Resolution and moved its adoption: 93-03-41 ZONING MAP CHANGE WHEREAS, North Suburban Development, Inc. (Roger Kolstad) applied for a change in the zoning map from F (farm residence) to R-1 (single-dwelling residential). WHEREAS, this change applies to the property located at Ripley Avenue at Lakewood Drive and Myrtle Street. The legal description is: Lot 1, Block 1 of Maple Woods Estates (Pin 13-29-22-34-0001). WHEREAS, the history of this change is as follows: 1. On March 2, 1992, the Planning Commission recommended that the City Council approve the change. 2. The City Council held a public hearing on March 4, 1993. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required. by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 19 3-8-93 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The R-1 zoning is consistent with the proposed change to the City's land use plan. Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker, Rossbach, Zappa Nays - Mayor Bastian Street Vacation: Ripley Ave. (4 Votes) i. Councilmember Zappa introduced a Resolution to vacate Ripley Avenue j. Councilmember Zappa withdrew his motion. k. Councilmember Juker moved to table this item until March 22 and refer it back to staff for feasibility of constructing Riplev from McKnight Road to this oro.iect M rtle . Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers Juker, Rossbach, Zappa Nays - Councilmember Carlson Street Vacation: Sterling'St. (4 Votes) 1. Councilmember Zappa moved to take no action on vacation of Sterling Street. Seconded by Councilmember Rossbach Ayes - all m. Councilmember Carlson moved to direct staff to oreoare a feasibility study for Sterling Street and inquire if North St. Paul will participate. Seconded by Councilmember Juker Ayes - all n. Councilmember Zappa moved to table any further items until March 22. 1993 for further information. o. The developer stated he would .grant an extension until March 22. Seconded by Councilmember Zappa Ayes - all K. VISITOR PRESENTATIONS NONE 20 3-8-93 L. COUNCIL PRESENTATIONS 1. HAZMAT Meeting a. Councilmember Juker stated Council needs to appoint a member to the HAZMAT Committee. b. This item will be discussed at a Council/Manager meeting. 2. Response to Letter - Share-A-Home a. Councilmember Zappa reported he had received a letter from Mrs. Pat Svendsen regarding the requirement of Lutheran Social Services for a quarterly report. b. Council directed staff to inform Lutheran Social Services, reiterating the request is for 4 reports per year. 3. Buildings Report a. Councilmember Zappa commented on the reports regarding 1744 Prosperity, demolition of the Heritage Center and 315-321 East Larpenteur Avenue. 4. Mosquito Control a. Mayor Bastian moved to direct staff to prepare a report as to the alternatives to Mosquito Control for the 1993 season. Seconded by Councilmember Zappa Ayes - all 5. Forum Update a. Mayor Bastian commented on a School Board meeting regarding potential location of North High School, organized collection and bus routes to new library. M. ADMINISTRATIVE PRESENTATIONS 1. Council/Manager Meeting a. Mayor Bastian moved to hold the next Council/Manager meeting on March 23. 1993 from 5:00 to 8:00 P.M. Seconded by Councilmember Zappa Ayes - all N. ADJOURNMENT OF MEETING 11:58 P.M. Lucille E. Aurelius City Clerk 21 3-8-93