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HomeMy WebLinkAbout02-12-1996 MINUTES OF MAPLEWOOD CITY COUNCIL ?:00 P.M., Monday, February 12, 1996 Council Chambers, Municipal Building Meeting No. 96-03 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 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 Meeting 96.02, (January 22, 1996), Councilmember Rossbach moved to approve the minutes of Meetina No. 96.02 January 22, 1996) as presented. Seconded by Councilmember Allenspach Ayes - all - 2. Minutes of Joint Council/Boards/Commission Meeting of February 3, 1996 Councilmember Carlson moved to approve the minutes of the Joint Council/ Boards/Commissions Meeting of February 3. 1996 a~resented. Seconded by Councilmember Allenspach Ayes - all E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended: L1 Suburban Rate Authority L2 Goodrich Park - L3 FCC L4 Mayor's Update M1 J•3 and J-5 To Be Tabled Seconded by Councilmember Carlson Ayes - all 1 2-12-9F EA. APPOINTMENTS/PRESENTATIONS NONE F. CONSENT AGENDA: Councilmember Carlson moved. seconded by Mayor Bastian: ayes - all, to approve the Consent Agenda. Items F-1 thru F-14. F-16 and F•17 as recommended. (Items F-15 moved to be voted on seearately) 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 6,680.57 Check #6070 Dated 1-17-96 For Period 12 (Dec, 1995) $ 69,375.39 Checks #23601-#23694 Dated 1-23-96 For Period 12(Dec, 1995) $ 142,999.38 Checks #6058-#6069 Dated 1-11.96 thru 1.17-96 For Period 14 (Jan. 1996) $ 347,119.80 Checks #23604•#23695 Dated 1-23.96 For Period 14 (Jan. 1996) $ 150,363.90 Checks #6071-#60872 Dated 1.18.96 For Period 14 (Jan. 1996) $ 139,320.37 Checks #23706-#23827 Dated 1-30-96 For Period 12 (Dec. 1995) $ 139,407.57 Checks #23706•#23827 Dated 1-30-96 For Period 12 (Dec. 1995) $ 25,206.22 Checks #23836-#23908 Dated 2-6.96 For Period 12 (Dec. 1995) $ 113,819.63 Checks #6083-#6102 Dated 1.25.96 thru 1.31.96 For Period 14 (Jan. 1996) $ 489.718.96 Checks #23839-#23914 Dated 2-6-96 For Period 14 (Jan. 1996) $1,624,011.79 Total Accounts Payable PAYROLL: $ 267,929.94 Payroll Checks Dated 1-26.96 $ 48,004.86 Payroll Deduction Checks #50298 thru #50310 Dated 1-26-96 $ 315,934.80 Total Payroll $1,939,946.59 GRAND TOTAL 2. Conditional Use Permit Review - Countryside Volkswagen, 1180 Highway 36 East Reviewed and renewed for one year the Conditional Use Permit allowing the expanded operation of the motor vehicle maintenance and repair garages at 1180 Highway 36 .East occupied by Countryside Volkswagen. 3. Preliminary Plat Time Extension - Knollwood Circle Addition (Goff Homes) Approved a final, one-year time extension for the Knollwood Circle Addition preliminary Plat West of Cyprus Street and South of County Road C. This time extension shall be subject to the December 15, 1988 preliminary plat conditions. 2 2-12-9F 4. East County Line Fire Department/Oakdale Ambulance Dispatching Contract Reviewed and approved the East County Line Fire Department/Oakdale Ambulance Dispatching Contract. 5. State Gambling License Renewal - Church of St. Jerome Approved the following Resolution: 96-02-09 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 Church to operate at St. Jerome's School, 376 Roselawn Avenue, Maplewood, Minnesota and at Dean's Tavern, 1986 Rice Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minn. Stat. §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. Stat. X349.213. 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. Park & Recreation Commission Annual Report Accepted with thanks the Annual Report of the Parks and Recreation Department and the Parks and Recreation Commission. 7. Community Design Review Board - Change to Rules of Procedure Approved the proposed changes to the Community Design Review Board Rules of Procedure. 8. Budget Transfer - Recycling Fund Authorized payment from the recycling fund balance of $1,615 to pay for the balance of the 1995 recycling costs. 3 2-12-96 9. Carryover of 1995 Appropriations to 1996 Authorized the following carryovers from the 1995 Budget to the 1996 Budget: 1995 Acct. No. Department Amount (1996 Acct. No.) For City Manager's $ 5,850 101-101-4490 Second-half payment for community survey 1,000 101-102-4630 Desk chair for City Manager 115 101-104-4390 Human Relations Commission event 890 101-105-4480 Veteran's Preference Hearing costs 10,000 101-119-4490 Human resources intern (101.102.4020) Finance 500 101-201.4630 Computer software for project management 2,080 101-202-4630 Annual financial report software City Clerk 5,495 101-303.4730 Drivers license picture taking area Public Safety 1,170 101-401.4170 Criminal code and traffic books 5,000 101-405.4010 Fire Chief office furnishings (101-404-4630) 575 101-405.4010 Fire Chief firefighting turnouts and (101-404-4240) uniforms Public Works 29,805 101-501.4490 Study to meet requirements for old City dump 6,170 101.502-4180 Materials to continue streets crack sealing _ 4,400. 101-506.4759 Installation of additional street lights Parks & Rec. 8,550 101-117-4490 Energy audit (101-115-4490) Community Dev. 1,000 101-701.4010 Costs of dept. head to attend (101-701-4390) national conference $82,600 General Fund Total 4 2-12-96 In addition to the above, carryover requests are approved for the following other funds: 1995 Acct. No. Department Amount (1996 Acct. No J For Hazardous Materials Fund 31,545 204-112-xxxx Development of HAZMAT response team Community Center Construction Fund 21,590 All accounts This the .total amount of Community in 409 Center construction money remaining in the fund. These funds will be used for .additional furniture and equipment purchases that are being recommended by the users and operations personnel. Open Space Land Acquisition Fund 55,025 410-4710 This is the total amount of the Open Space funding that remains in the 1995 budget. The process of acquiring ..properties will continue in 1996. Funds. that remain at year-end will be used in the following year for acquisition of open space until all funds have been expended. Street Construction State Aid Fund 21,000 404.4759 Lydia Avenue pedestrian signals $129,160 Total for other funds 10. Transfers From Tax Increment Fund Approved the appropriate 1995 Budget adjustments and transfers, totaling $1,670,592.86 from the Tax Increment Fund to the Debt Service Funds and Community Center Project Fund to finance the following expenditures: 1. Debt service costs on tax increment bonds totaling $1,262,511.24 2. Community Center construction costs totaling $408,081.62 11. Budget Changes For Tax Increment Financing of Carefree Cottages - Phase 1 Authorized two 1995 Budget changes for the Tax Increment Fund: i) increase estimated revenues by $61,550 in Account 401-3015, 2) increase estimated expenditures by $61,550 in Account 401-4820. 12. Transfers To Close Debt Service Funds 317 and 319 Authorized closing Debt Service Fund 319 (for the 1989 Improvement Bonds) by a transfer of $5,568.71 from Debt Service Fund 317 for the 1983 Improvement Bonds, and Debt Service Fund 317 for the 1983 Improvement Bonds by a transfer of the remaining balance to Debt Service Fund 325 (for the 1992 Improvement Refunding Bonds) and approved the appropriate budget transfers to accomplish the closings, effective 12-31-95. 5 2-12-9F 13. Joint Powers Purchasing Agreement With The City of St. Paul Approved the following Resolution: 96 - 02 - 10 JOINT PURCHASING AGREEMENT RESOLUTION BE IT HEREBY RESOLVED, that the appropriate Maplewood officials are hereby authorized to execute the attached Joint Powers Purchasing Agreement with the City of St. Paul. 14. Revisions to Pay Ranges Authorized amending the Non-Union Pay Plan Guidelines as follows: Salary ranges (not individual's salaries) be adjusted on January 1 of each year by the preceding year's increase as indicated in the _ "Stanton Survey Summary of Salary Increases by Government Groupings" for suburbs over 10,000 15. Century Avenue North of Highwood Sanitary Sewer, Project 95-11: Feasibility Study MOVED TO BE VOTED ON SEPARATELY 16. Memorandum of Understanding, Ramsey/Washington Metro Watershed District Authorized the Mayor to sign the Memorandum of Understanding Between Ramsey- - Washington Metro Watershed District and the Cities of Little Canada, Maplewood, North St. Paul, St. Paul, Vadnais Heights and White Bear Lake, and to appoint Will Rossbach as the City's representative beginning ih March, 1996. 17. 1996 Community Development Block Grant Application - Handicap Access, Motor Vehicle Department, City Hall Approved the following Resolution: 96 - 02 - 11 A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION TO RAMSEY COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR IMPROVEMENTS IN THE DEPUTY REGISTRAR AREA IN CITY HALL WHEREAS, the City of Maplewood is committed to making improvements to make its facilities and services accessible to all residents as required by the Americans with Disabilities Act (ADA); and WHEREAS, the City Council has determined that certain physical modifications are necessary in the Deputy Registrar area in the Maplewood City Hall; and WHEREAS, the City Council believes that the modifications are eligible for funding from the Community Development Block Grant (CDBG) program administered by Ramsey County: and 6 2-12-96 _ WHEREAS, the City Council has determined that it wishes to request this funding assistance for these modifications needed in Maplewood City Hall, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that it authorizes the submission of an application to Ramsey County for CDBG funding of the ADA-related physical modifications in the Deputy Registrar area in Maplewood City Hall. 15. Century Avenue North of Highwood Sanitary Sewer, Project 95-11: Feasibility Study Councilmember Rossbach moved to accept the Feasibility Report for review and reference regardin4 Pro.iect 95-11. Century Avenue North of Highwood Sanitary Sewer. Seconded by Councilmember Carlson Ayes - all G. PUBLIC HEARINGS 1. 7:00 P.M.(7:08 P.M.: Lexus Automobile Dealership (Highway 61 North) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal from Ryan Companies to build an 11,000-square-foot, one-story Lexus dealership north of Venburg Tire on the east side of Highway 61. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Lorraine Fischer presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Greg Madsen, architect for Ryan Companies Cliff Eichinger, Ramsey/Washington Watershed f. Mayor Bastian closed the public hearing. Wetland Setback Variance g. Councilmember Koppen moved to approve the request. MOTION DIED FOR LACK OF A SECOND _ h`. Councilmember Rossbach indicated the site in question could be used for other purposes and moved to deny the wetland setback variance. Seconded by Mayor Bastian Ayes - Mayor Bastian, Council'members Allenspach, Rossbach Nays - Councilmembers Carlson, Koppen 7 2-12-96 Conditional Use Permit Design Approval i. Mayor Bastian move to tabYe the requests for a Conditional Use Permit and for design approval. Seconded by Councilmember Carlson Ayes - all 2. 7:20 P.M.(7:45 P.M.): Adult Use Ordinance (First Reading) a. Mayor Bastian convened the meeting for a public hearing regarding a proposed ordinance to regulate sexually oriented businesses. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following person was heard: Emil Sturzenegger. 2455 Londin Lane f. Mayor Bastian closed the public hearing.. - g. Councilmember Carlson moved to approve first readin4 of an ordinance to establish regulations about adult uses and sexually-oriented businesses in Maplewood. Seconded by Councilmember Koppen Ayes -all H. AWARD OF BIDS 1. Maplewood-In-Motion Bid for 1996 a. Manager McGuire presented the staff report. b. Councilmember Carlson introduced the following Resolution and moved its adoption: 96 - 02 - 12 AWARD OF BID - MAPLEWOOD-IN-MOTION BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Nystrom Printing Company in the amount 530,970.88 to provide publishing services for eleven issues of Maplewood in Motion in 1996, four issues of thirty-six pages and seven issues of eight pages. The Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Koppen Ayes - all 8 2-12-9h 2. Purchase of Marked Patrol Vehicles a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved to authorize purchase of four 1996 patrol vehicles (two for the .Patrol Division and two for the Paramedic Division) under the State of Minnesota contract for $19,180 each. Seconded by Councilmember Carlson ayes - all 3. 72" Rotary Mower a. Manager McGuire presented the staff report.. b. Councilmember Carlson introduced the following Resolution and moved its adoption: 96 - 02 - 13 AWARD OF BID - 72" ROTARY MOWER BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of M.T.I. Distributing Co. in the amount of $15,820.61 is the lowest responsible bid for the purchase of one 72" Toro Rotary Mower, 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 4. Pick Up Trucks a. Manager McGuire presented the staff report. b. Councilmember Carlson introduced .the following Resolution and moved its adoption: 96-02-14 AWARD OF BID - PICK UP TRUCKS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Polar Chevrolet in the amount of $27,998.00 is the lowest responsible bid for the purchase of two 1/2-ton pick up .trucks, '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 9 2-12-96 I. UNFINISHED BUSINESS 1. Presentation of Community Survey Results a: Manager McGuire presented the staff report. b. Dr. Bill Morris, Decision Resources, Ltd., presented the 1995 Community Survey. c. Councilmember Carlson moved to accept the results of the Community - Survey Seconded by Councilmember Koppen Ayes - all 2. Holiday StationStore (Lower Afton and McKnight Roads) a. Manager McGuire presented the staff report. b. Director of Community Development Coleman presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Mark Nelson, Holiday Companies Gary Gandrud, Holiday Companies Agreed to work out location of driveways Land Use Plan Change (CO to BC) d. Councilmember Rossbach introduced the following Resolution and moved its adoption: 96 - 02 - 15 LAND USE PLAN CHANGE RESOLUTION (CO TO BC) WHEREAS, Mark W. Nelson of Holiday Companies, applied for a change to .the City's land use plan from CO (Commercial Office) to BC (Business Commercial). WHEREAS, this change applies to the 1:25 acre tract at the southeast corner of McKnight Road and Lower Afton Road. WHEREAS, the history of this change is as follows: 1. The Planning Commission hel d a publ i c hearing on August 21, 1995. 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 that the City Council approve the plan amendment. 2. The City Council. discussed the plan amendment on January 22, 1996. They considered reports and recommendations from the Planning Commission and City staff. 10 2-12-96 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 Comprehensive Plan's policies for commercial development. 2. There would still be a transition zone between this site and the five single dwellings to the south. 3. There is similar commercial development across McKnight Road in St. Paul as the proposed Holiday Store. Seconded by Councilmember Allenspach Ayes - all. Zoning Map Change (CO to BC) e. Councilmember Allenspach introduced the following Resolution and moved its adoption: 96 - 02 - 16 = ZONING MAP CHANGE RESOLUTION (CO TO BC) Whereas, Mark W. Nelson of Holiday Companies, applied for a rezoning from CO (commercial office) to BC (business commercial). Whereas, this rezoning applies to a 1.25 acre tract at the southeast corner of McKnight Road and Lower Afton Road. The legal description is: That part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the intersection of the West line of said Northwest Quarter of Northwest Quarter and the South line of the North 362.00 feet of said Northwest Quarter of Northwest Quarter; thence Easterly, along said south line 40.01 feet to its intersection with a line parallel with and distant 40.00 feet East of said West line and the actual point of beginning; thence continue Easterly, along said south line, 245.00 feet; thence Southerly, parallel with said West line, 100.00 feet; thence Westerly, parallel with said South line, 20.00 feet; thence Southerly, parallel with said West line, 125.00 feet; thence Westerly, parallel with said South line, 125.00 feet; thence Southerly, parallel with said West line, 20.00 feet; thence Westerly, parallel with said South line, 100.00 feet to said line 40.00 feet East of said West line; thence Northerly, along said parallel line to the actual point of beginning. Subject to easements, if any. Whereas, the history of this rezoning is as follows: 1. The Planning Commission reviewed this rezoning on August 21, 1995. They recommended that the City Council approve the rezoning. 11 2-12-96 2. The City Council held a public hearing on December 4, 1995. The City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning - Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described rezoning for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of the 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. 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, sewer, police and fire protection and schools. Seconded by Councilmember Rossbach Ayes - all Code Change (Minor Motor Fuel Stations) f. Mayor Bastian moved to approve first reading of an ordinance allowing two fuel-di~enser islands for minor motor fuel stations. Seconded by Councilmember Carlson Ayes - all Conditional Use Permit g. Councilmember Carlson introduced the following Resolution and moved its adoption: 96 - 02 - 17 CONDITIONAL USE PERMIT RESOLUTION- FUEL STATION AND CAR WASH ON PROPERTY ZONED BC WHEREAS, Mark W. Nelson of Holiday Companies, applied. fora conditional use permit to operate a fuel station and car wash on property zoned BC (business commercial). WHEREAS, this permit applies to a 1.25-acre site at the southeast corner of McKnight Road and Lower Afton Road. The legal description is: 12 2-12-9h That part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28, Range 22, Ramsey County, _ Minnesota, described as follows: Commencing at the intersection of the West line of said Northwest Quarter of Northwest Quarter and the South line of the North 362.00 feet of said Northwest Quarter of Northwest Quarter; thence Easterly, along said south line 40.01 feet to its intersection with a line parallel with and distant 40.00 feet East of said West line and the actual point of beginning; thence continue Easterly, along said south line, 245.00 feet; thence Southerly, parallel with said West line, 100.00 feet; thence Westerly, parallel with said South line, 20.00 feet; thence Southerly, parallel with said West line, 125.00 feet; thence Westerly, parallel with said South line, 125.00 feet; thence Southerly, parallel with said West line, 20.00 feet; thence Westerly, parallel with said South line, 100.00 feet to said line 40.00 feet East of said West line; thence Northerly, along said parallel line to the actual point of beginning. Subject to easements, if any. WHEREAS, the history of this conditional use permit is as follows: 1. On August 21, 1995, the Planning Commission recommended that ' the City Council approve this permit. 2. The City Council held a public hearing on December 4, 1995. The 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: 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. 13 2-12-9h - 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 that the City stamped July 31, 1995 and amended February 12, 1996. The Director of Community Development may approve minor changes consistent with representations made at the February 12, 1996 Council Meeting. 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. The City Council shall review this permit in one year. 4. The developer shall revise the site plan, for staff approval, omitting any parking spaces between the attendant's. window and the fuel islands (code requirement). The applicant must stil l provide enough parking spaces to meet the code. 5. The developer shall submit a lighting plan for staff approval. Any lighting poles south of the buildings and fuel island canopy shall aim away from the residential district to the south. All lighting shall be screened or directed to comply with City Code. Site lights shall not exceed one•foot candle of intensity at a residential lot line (code requirement). 6. The developer shall equip the car wash with a noise reduction package and keep the southerly door closed while car washing and drying equipment is operating. 7. The fuel station and car wash shall not be open between 11 P.M. and 6 A.M. (code requirement). 8. External speakers shall not exceed the noise standards set by the Minnesota Pollution Control Agency (code requirement). 9. The developer shall not disturb the land or remove any trees between the grading limits of this site and 328 McKnight Road. 10. The Building Official shall not issue a building permit for the proposed development until the City approves a lot division creating this site and the applicant records the new deed with Ramsey County. Conditions of this lot split shall include the following: a. Dedication of three feet of additional right-of-way for the future widening of McKnight Road. b. Dedication of cross easements between the Holiday site and adjacent properties because of the shared access drives proposed. 14 2-12-9h _ 11. The Holiday Stationstore shall not be allowed to store merchandise for sale outside of the building. Seconded by Councilmember Koppen Ayes - all 3. Organized Collection a. Manager McGuire presented the staff report'. b. Assistant City Manager Dawson presented the specifics of the report. c. Councilmember Carlson introduced the following Resolution and moved its adoption: 96 - 02 - 18 A RESOLUTION SETTING A PUBLIC HEARING FOR MARCH 11, 1996 TO CONSIDER A RESOLUTION OF INTENT TO ORGANIZE COLLECTION OF RESIDENTIAL REFUSE WHEREAS, Minnesota Statute 115A.94 specifically authorizes a City to organize collection of solid waste, "a system...in which a specified collector, or a member of an organization of collectors, is authorized to collect from a defined geographic service area or areas some or all of the solid waste that is released by generators for collection"; and WHEREAS, the City Council believes that organizing collection of residential solid waste may result in maximizing efficiency and economy in solid waste collection, and may enhance public health and safety; and WHEREAS, the City Council has invited residents on a self-volunteering basis or through participation in a community survey to relate their preferences for the City to undertake the process to organize collection, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that: 1) A public hearing be held on March 11, 1996, for to obtain public comments regarding the advisability of the City going forward with the statutory process to organize collection of residential refuse; and 2) A notice of this hearing be published .in the City's official newspaper and mailed to all firms licenses by the City of Maplewood to collect solid waste. Seconded by Councilmember Rossbach Ayes - all' 15 2-12-9F 4. Driveway Ordinance (2nd Reading) a. Manager McGuire presented the staff report. b. Councilmember Rossbach introduced the followin4 Ordinance and moved its adoption: ORDINANCE N0. 747 ARTICLE IV. DRIVEWAYS DIVISION 1. GENERALLY Section 29-86. Purpose of article. The purpose of this article is to establish design standards for driveways providing access to and from private property located along and adjacent to public street right of way. Sec. 29-87. Scope of article The scope of this article is intended to be consistent with Minnesota Statutes, Section 160.18, subdivision 3. Sec. 29-88. Definitions. The following words, terms, and phrases shall have the following respective meanings: Corner clearance: On property adjacent to a street intersection, the distance between the edge of the street right of way not intersected by the driveway and the nearest edge of the driveway. Double driveways: Connected driveways that provide ingress and egress to the street right of way at two separate accesses from a single property Driveway width: Distance at the narrowest point between parallel edges of the driveway. The width shown includes surface, shoulders, or gutters. Sec. 29-90. General regulations. (a) If the terms of a permit issued under this article are violated, the director of the public works department may revoke the access. (b) A driveway turn-around must be constructed with each new home fronting on an arterial street, as designated in the city's comprehensive plan. (c) A variance from the standards set forth in this article may be allowed by the public works department when the variance will facilitate a safe, efficient use of the property without interference to the construction, maintenance, or safe and efficient use of the adjacent property and the street and its appurtenances. (d) The community design review board will review all commercial driveway permit applications as part of the review of the commercial property improvements. Secs. 29-91-29-100. Reserved. 16 2-12-9F DIVISION 2. CONSTRUCTION AND STREET-ACCESS PERMITS Sec. 29-101. Required. Authorization to construct or alter a driveway shall consist of a permit issued by the public works department. Supplemental permits may also be required by other governing authorities. No alterations to driveways may be made at any time without permission from the public works department. Sec. 29-102. Applications. As a part of the permit application, a driveway layout, or plan view, of the property and proposed driveway shall be submitted. The plan view shall include buildings and any other relevant present or planned appurtenances. Layouts shall be drawn to scale or fully dimensioned on a reproducible sheet of paper. Sec. 29-103-29-115. Reserved. DIVISION 3. CONSTRUCTION STANDARDS Sec. 29-116. Dimensions. The approved driveway widths are as follows: Residential: minimum-12' (3.65 m), maximum-32' (9.75 m) The approved minimum distance between nearest edges of double driveways is 20' (6.10 m). The approved corner clearances are as follows: Arterial street: 30' (9.15 m) Nonarterial street: 30' (9.15 m) Sec. 29-117. Gradient. The profile of the driveway shall slope upward from the edge of the street, at a minimum, to the edge of the right of way. The maximum gradient shall be thirteen (13) percent. Sec. 29-118. Driveway angle. The angle between the driveway and the intersecting street right of way shall not be less than sixty (60) degrees. Sec. 29-119. Location. Driveways shall have a setback of at least five (5) feet (1.5 m) from the side or rear lot lines, except by written agreement with the owner of the adjacent lot. Sec. 29-120. Enforcement. If a driveway is constructed contrary to this article, the City may require that the driveway, or a portion thereof, be removed. Secs. 29-121-29-135. Reserved. Seconded by Councilmember Carlson Ayes all 17 2-12-9F 5. Park-N-Ride a. Manager McGuire presented the staff report. b: Mayor Bastian asked if anyone wished to speak' before the Council regarding this matter. The following was heard: Mr. Dave Richter, 1122 East County Road C c. Councilmember Rossbach moved to establish "No Parkins" on both sides of the frontage road from County Road C south to the entrance to the Park- N-Ride and send a letter to MnDOT requesting the Park-N-Ride lot be enlarged. Seconded by Councilmember Carlson Ayes - all 6. July 4th Celebration/Fireworks a. Manager McGuire presented the staff report... b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Ron Erickson. 1555 East Cottage, Ramsey County Fair Jack Herbst, Northstar Fireworks c. Councilmember Carlson moved to table this item for 2 weeks to the February 26 Council Meeting. Seconded by Councilmember Koppen Ayes all COUNCIL DIRECTED STAFF TO INVESTIGATE THE 40TH-YEAR CELEBRATION FOR 1997 7. Appointments to Joint Ice Arena Board a. Manager McGuire presented the staff report. ` b. Assistant City Manager Dawson 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 appoint Councilmembers George Rossbach and Sherr.y Allenspach to the Joint Ice Arena Board and the City Manager and Assistant Citv Manager as staff alternates. Seconded by Councilmember Carlson Ayes - all 18 2-12-96 8. Loitering Ordinance - Second Reading a. Manager McGuire presented the staff report. ' ` b. Mayor Bastian moved to table this item for 2 weeks, to the February 26 Council Meeting. Seconded by Councilmember Carlson Ayes - all J. NEW BUSINESS 1, TH61 Watermain, Project 95-17: Approve Plans and Specifications & Authorize Bidding a. Manager McGuire presented the staff report. b. Mayor Bastian moved to table this item. Seconded by Councilmember Carlson Ayes - all t 2. Maplewood Nature Center Outdoor Entrance Redesign a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved to adopt the Services Agreement prepared by Diane Klausner Associates Inc. at a cost of 8k of the final bid award for preparation of final bid plans and specifications. and allocate an additional $25.000 from unallocated Commercial P.A.C. monies to develop the Master Plan. Seconded by Councilmember Carlson Ayes - all 3. VEM Budget Adjustment - Mowing Equipment REMOVED FROM AGENDA 4. Fire Relief Association Deficit a. Manager McGuire presented the staff report. b. Councilmember Carlson moved to approve a payment of $8.577.38 to the Maplewood Fire Fighters Relief $Association (with the balance of $5.000 being contributed from Oakdale) from the 1996 Contingency Account to cover the $13.577.38 shortfall. Seconded by Councilmember Koppen Ayes - all _ 5. Energy Audit Report REMOVED FROM AGENDA 19 2-12-9F K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS 1. Suburban Rate Authority a. Councilmember Koppen reported on the Suburban Rate Authority meeting regarding the moratorium on towers. 2. Goodrich Park a. Councilmember Koppen stated he has been approached by neighbors of Goodrich Park that they are worried about losing the Park. b. Manager McGuire stated he had met with the County regarding the Park. 3. F.C.C. a. Councilmember Rossbach suggested a letter from the City Attorney be sent to our Federal Legislators. 4. Mayor's Update a. Mayor Bastian announced the Mayor's Forum on March 4 at Parkside to discuss the Tri-District School. b. Mayor Bastian commented that he had received a communication from the Department of Public Safety reporting on the Polzer matter. He wishes to meet with Mr. Polzer before. reporting about the matter at a public meeting. c. Mayor Bastian stated that Cable TV Channel 16 is advertising for pizzas, etc., and asked if .the City receives any money from this. M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING 10:26 P.M. Lucille E. Aurelius City Clerk 20 2-12-9F