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HomeMy WebLinkAbout03-25-1996 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 25, 1996 K Council Chambers, Municipal Building Meeting No. 96-06 A. CALL TO ORDER: A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers. Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL.- Gary W. Bastian, Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present _ Marvin C. Koppen, Councilmember Present George F. Rossbach, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Council/Manager Meeting of Monday, March 4, 1996 Councilmember Allenspach moved to approve the minutes of Council/Manager Meeting of Mondav. March 4. 1996 as presented. Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers Allenspach, Koppen, Rossbach Nays - None Abstain - CoTncilmember Carlson Councilmember Rossbach moved to approve the minutes of Meeting No. 96-05 (March 11. 1996)as presented. Seconded by Councilmember Allenspach Ayes - all. E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended: L1 Maplewood - Hazelwood & Highway 36 L2 Dispatching L3 Mayor's Update Seconded by Councilmember Allenspach Ayes all 1 3-25-9E EA. APPOINTMENTS/PRESENTATIONS' 1. 1995 Human Relations Commission Annual Report a. Manager McGuire presented the staff report. b. Chairman Gordon Heininger presented the report in detail. c. Council accepted the report with their gratitude. F. CONSENT AGENDA: Councilmember Carlson moved. seconded by Councilmember Koppen: ayes - all, to approve the Consent Agenda. Items F-1 thru F-8 as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 86,383.51 Checks #6172 - #fi187 Dated 3-1.96 thru 3.6-96 $ 81,353.05 Checks #24301 - #24514 Dated 3-12-96 $ 119,017.14 Checks #24523 - #24631 Dated 3.19-96 $ 135.447.94 Checks #6188 - #6204.. Dated 3.9-96 thru 3-13-96 $ 422,201.18 Total Accounts Payable PAYROLL: $ 271,926.72 Payroll Checks Dated 3-8-96 $ 49.801.18 Payroll Deduction Checks #51073 •#51086 Dated 3-8-96 $ 321,727.90 Total Payroll $ 743,929.54 GRAND TOTAL 2. Carver School Conditional Use Permit Review (2680 Upper Afton Road) Reviewed and renewed the Conditional Use Permit for the Carver Elementary School Expansion. The CUP will not be reviewed again unless a problem develops. 3. Mounds Park Academy Conditional Use Review (2051 Larpenteur Avenue) Reviewed and renewed the Conditional Use Permit for the Mounds Park Academy to build two additional and expand their recreation areas. This CUP will not be reviewed again unless a problem develops or if the Academy proposes major changes to their site plan. 2 3-25-96 4. Cave's English Street Third Addition Final Plat (County Road B) Approved Cave's English Street Third Addition final Plat, subject to the following conditions: 1. The staff shall not release the plat for recording until the developer submits the final copy of the required deeds, deed restrictions and covenants to the staff. This is"for staff approval before he takes them to the County with the final plat. 2. The developer recording with Ramsey County the easement vacation, deed restrictions and covenants required by .the City. The wording of these documents shall be subject to staff approval. 5. Cottages of Maplewood Phase III Bond Refinancing Approved the following Resolution: 96-03-42 RESOLUTION APPROVING A FIRST SUPPLEMENTAL INDENTURE OF TRUST - WITH NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION BE IT RESOLVED by the Council of the City of Maplewood, Minnesota (the "City"), that the City hereby approves a First Supplemental Indenture of Trust to be entered into with Norwest Bank Minnesota, National Association in connection with the outstanding $340,000 Rental Housing Revenue Bonds, Series 1995 (Carefree Cottages of Maplewood III Project) and authorizes the Mayor and City Clerk to execute the First Supplemental Indenture of Trust on behalf of the City. 6. Donations from Circuit City and Best Buy Accepted with thanks a donation from Circuit City and Best .Buy of a Stereo/Public Address System for the Maplewood Puppet Wagon. 7. Revision of Part-Time Clerk-Typist Position _ Authorized conversion of the present single part-time Clerk-Typist position in the Public Safety Department to two part-time job-share Clerk-Typist positions. 8. Contingency Transfer for Fire Consolidation Workshop Authorized a budget transfer of $1,800 from the Contingency Account (101- 119-000-4910) to the new Fire Fighting Travel & Training Account (101-404- 000-4390) to cover the costs related to a consolidation seminar for 40 members of Maplewood's Fire Departments. Mario Cocchiarella, developer of Cave's English Street Third Addition, spoke before the Council regarding the drainage. 3 3-25-9F G. PUBLIC HEARINGS: 1. 7:00 P.M. (7:15 P.M.): White Bear Avenue Improvements, Project 89-21 a. Mayor Bastian convened the meeting for a public hearing regarding presentation of details of the White Bear Avenue Improvements Project. b. Manager McGuire presented the staff report. c. Director of Public Works Haider presented the specifics of the report. d. Mayor Bastian opened the .public hearing, calling for proponents or opponents. The following persons were heard: Denise Fye, Lakeridge Park Homeowner's Association Gary Adams, 1981 Mesabi Bill Todd, 2800 White Bear Avenue Dave Trepanier, representing his mother (SE corner of Radatz & White Bear Jean Todd, 2800 White Bear Avenue Wayne Leonard, Ramsey County Public Works Lynn Dahl, 2792 White Bear Avenue Jim Dvorak, Project Consultant e. Mayor Bastian closed the public hearing. f. Councilmember Carlson moved to direct staff to report back to Council with notions for construction at Mesabi: sidewalks versus trees - will trees survive or interfere with traffic. Seconded by Councilmember Koppen Ayes - all 2. 7:15 P.M. (8:24 P.M.): Countryside Volkswagen/Saab Sign Variance (1180 Highway 36) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal for new signs at the car dealership which exceed sign code limitations and would require variances. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Boardmember Marie Robinson presented the Community Design Review Board report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Chuck Levine, Architect John Schmelz, Countryside Volkswagen/Saab f. Mayor Bastian closed the public hearing. g. Councilmember Rossbach introduced the followin4 Resolution and moved its adoption: 4 3-25-96 96-03-43 ZONING CODE VARIANCE WHEREAS. Mr. John Schmelz, of Countryside Volkswagen/Saab, applied for a variance from the zoning ordinance. WHEREAS, this variance applies to 1180 East Highway 36. The legal description is: The west 105.00 feet of the east 135.00 feet of the north 30.00 feet of Block 10, Clifton Addition and vacated street accruing. The east 240.00 feet of Block 15, Clifton Addition, except the south 30.00 feet lying west of the east 135.00 feet thereof. Together with that part of vacated Cope Avenue accruing. The east 240 feet of that part of Block 16, Clifton Addition, lying southerly of State Trunk Highway Number 36. The west 110.00 feet of that part of Block 17. Clifton Addition, lying southerly of State. Trunk Highway Number 36. The west 110.00 feet of Block 14, Clifton Addition, together with that part of vacated Cope Avenue accruing. The west 225.00 feet of east 255.00 feet of Block 10, Clifton Addition, together with that part of vacated Duluth Street accruing. except the south 174.00 feet and except the north 30.00 feet thereof. WHEREAS. Section 36.342(b) allows only one freestanding sign for each street frontage the site has. WHEREAS. Section 36-341(3) states that the maximum height of a freestanding sign shall be 25 feet. WHEREAS, the applicant is proposing to install three freestanding signs with one of these signs being 28.5 feet tall. WHEREAS, this requires variances to allow two additional freestanding signs and one that is 3.5 Feet taller than the code allows. WHEREAS, the history of this variance is as follows: 1. On February 27, 1996, the Maplewood Community Design Review Board recommended that the City Council deny these variances. 2. The City Council held a public hearing on March 25, 1996. 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 Community Design Review Board. 3. The City Council discussed this request again on April 8, 1996 to establish findings for approval. 5 3-25-9F NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above described variances for the following reasons: 1. Strict enforcement of the pylon-sign height requirements would cause undue hardship because of circumstances unique to the property. The northwest corner of the site is a low point, thereby making it harder to see a pylon sign at that location. It is appropriate and desirable that the sign heights be uniform. 2. Strict enforcement of the one-pylon-sign maximum requirement would cause undue hardship because of circumstances unique to the property. This property is essentially laid out as two lots with two addresses, even though there is one individual parcel. Two individual freestanding business-identification signs would be appropriate in this instance for each dealership involved. 3. The third pylon sign reading "used cars" would be the replacement of a grandfathered-in-sign already ont he site. 4. The variances would be in keeping with the spirit and intent of the ordinance because the Saab and Volkswagen buildings are - separated from each other and function as two individual business properties. There are also individual utility bills for the two buildings. Allowing individual pylon signs for each building, therefore, would be appropriate. Seconded by Councilmember Carlson Ayes - all 3. 7:30 P.M. (9:17 P.M.): Menard's Conditional Use Permit Revision - Temporary Greenhouse (2280 Maplewood Drive) a. Mayor Bastian convened the meeting for a public hearing regarding a request to operate a temporary greenhouse for three months of each year, starting around April 1, in the. vacant parking lot directly west of Menard's outdoor storage yard. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Jack Frost presented the Planning Commission report. e. Boardmember Robinson presented the Community Design Review Board Report. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Deb Forbes, 1071 East County Road B Greg Stachowiak, Echo Lake Greenhouse g. Mayor Bastian closed the public hearing. h. Councilmember Carlson introduced the following Resolution and moved its adoption: 6 3-25-96 96 - 03 - 44 CONDITIONAL USE PERMIT REVISION WHEREAS, Greg Stachowiak of Echo Lake Greenhouse is proposing changes to a conditional use permit. The changes include adding a temporary greenhouse west of the existing outdoor storage yard at 2280 Maplewood Drive. The legal description is: SUB TO ESMTS; PART OF FOL TRACTS SELY OF HWYS 36 & 61; EX S 100 FT PART OF SW 1/4 N OF CO RD B & PART OF SE 1/4 W OF CLIFTON ADD S OF L 107 FT N OF SL OF BLK 15 OF SD ADD EXTENDED & N OF HEINEMANS BELLEVIEW & IN CLIFTON ADD,. EX E 240 FT; BLKS 15 & 16 & EX E 255 FT BLK 10 & ALSO W 120 FT OF E 255 FT OF N 30 FT OF BLK 10 WHEREAS, the history of this conditional use permit is as follows: 1. On March 4, 1996 the Planning Commission recommended that the City Council approve this permit. 2. On March 25, 1996, 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 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. 7 3-25-9F 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. Adherence to the site plan dated March 15, 1988, and the greenhouse plan dated January 8, 1996, unless a change is approved by the City's Community Design Review Board. The Director of Community Development may approve minor changes. 2. Compliance with the following screening-fence requirements: a) The property owner shall continue to have, and keep in a maintained condition, wooden screening-fences as follows: 1) An eight-foot-tall fence running north-south on the west side of 1071 County Road B. This section of fence shall have :no parking" signs displayed. 2) An eight-foot-tall fence running east-west from the northwest corner of 1071 County Road B to the northwest corner of 1101 County Road B. 3) A 14-foot-tall fence behind 1101 and 1115 County Road B; also along the west lot line of 1115 County Road B where it abuts Menard's. 4) A 14-foot-tall fence along the west side of the outside storage yard. 5) A.10-foot-tall fence along the remaining south property line of Menard's and northerly along the east lot line to the point where the property jogs to the east. b) No material on the storage racks, adjacent to the fence behind 1101 and 1115 County Road B, shall extend above the 14-foot-tall fence. c) No more than 2-1/2 feet of the 17-1/2-foot-tall storage _ racks shall be visible from the homes to the south that are at street level along County Road B. This excludes those houses that sit higher on a hill. d. Menard's shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 3. Hours of operation in the storage yard shall be limited to 7:00 A.M. to 10:00 P.M. 4. An exterior public address system shall not be allowed. 5. All lighting in the storage yard that is not needed for site security shall be turned off after business hours. 6. The City Council shall review this permit in one year. 8 3-25-9F 7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems on residential property. 8. Menard's shall store all their materials within the fenced storage area. Plant displays shall be permitted outside the greenhouse. 9. Sanitation facilities shall be provided by Menard's for the employees. 10. The owner or operator shall get a building permit annually for the greenhouse. 11. Greenhouse hours of operation shall coincide with those of Menard's. 12. The greenhouse structure shall be temporary. The owner or operator shall remove the greenhouse after each three-month season. Seconded by Councilmember Carlson Ayes - all _ i. Councilmember Carlson moved to direct staff to contact Menard's to discuss chances to their CUP regardinc fence, engines, noise. fumes and parkins. Seconded by Councilmember Rossbach Ayes - all 4. 7:40 P.M. (9:50 P.M.) North Glen Fourth Addition (Castle Avenue) a. Mayor Bastian convened the meeting for a public. hearing regarding a proposal to develop lots for five homes on a 2.22-acre site south of Castle Avenue, east of White Bear Avenue, to be known as North Glen Fourth Addition. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Frost presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Resident of 2295 Ariel Court Dennis Henderson, 2283 Ariel Court David Kaup, 2289 Ariel Court Mario Cocchiarella, representing Maplewood Development, Inc. f. Mayor Bastian closed the public hearing. 9 3-25-9F Zoning Map Change (R-1 to R-1(S) g. Councilmember Carlson moved to approve the zoning map change from R-1 (single dwellings) to R-1(S) (small-lot single dwellings). Seconded by Councilmember Koppen Ayes - Councilmembers Carlson, Koppen Nays - Mayor Bastian, Councilmembers Allenspach, Rossbach MOTION FAILED Preliminary Plat h. Mayor Bastian moved to deny the ~reliminarv plat... Seconded by Councilmember Allenspach Ayes - all Increased Front Yard Setback i. Mayor Bastian moved to table as the proposed preliminary slat and Zoning M~ changes were denied, and there is no need to address the setback. Seconded by Councilmember Allenspach Ayes - all H. AWARD OF BIDS NONE MAYOR BASTIAN MOVED TO WAIVE THE RULES OF PROCEDURE TO HEAR I-1 J-1. J-2 AND J-3. SECONDED BY COUNCILMEMBER CARLSON AYES - ALL I. UNFINISHED BUSINESS 1. Acquisition of Kohlman Lake Overlook Park a. Manager McGuire presented the staff report, b. Director of Parks & Recreation Anderson presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Jeanine Brannon, 2927 Walter Street d. Councilmember Carlson moved to approve acquisition of approximately 3 acres of property for park development in the Kohlman Lake Overlook neighborhood at a cost of $25.000 per acre. with funding to be from the P.A.C. Fund. Seconded by Councilmember Rossbach Ayes - all 10 3-25-96 2. Sign Code Amendment - Residential Signs (Second Reading) TABLED 3. Lawn Irrigation Ordinance TABLED 4. Parkview (Lower Afton Road and Londin Lane) - Zoning Map Changes TABLED 5. Loitering Ordinance - 2nd Reading TABLED 6. Historical Society Ordinance - 1st Reading TABLED 7. Schedule Meeting to Discuss Commercial Property Study TABLED J. NEW BUSINESS: 1. Highway 61 Park & Ride 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 was heard: Dave Richard. 1122 East County Road C d. Councilmember Koppen moved to adopt the Mana4er's proposed compromise plan: to _ leave the no parking signs in front of and across the street from 1122 East County Road C, and remove-the no parking signs south of the Park & Ride driveway. Seconded by Councilmember Rossbach Ayes - all , 2. East Mississippi Watershed Management Organization a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report c. Councilmember Carlson moved to endorse the watershed-district type of operation to represent the East Mississippi Watershed Management Organization. Seconded by Councilmember Koppen Ayes all 11 3-25-9F 3. Bellaire Avenue, Beam -Lydia: Project 95-18 a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. Approval of Plans and Specifications, Authorization to Advertise for Bids d. Councilmember Carlson introduced the following Resolution and moved its adoption: 96-03-45 APPROVING PLANS - ADVERTISING FOR BIDS PROJECT 95-18: BELLAIRE AVENUE, BEAM TO LYDIA WHEREAS, pursuant to Resolution passed by the City Council on March 11, _ 1996, plans and specifications for Bellaire Avenue Street and Utility - Improvements, Project 95-18, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the Council for approval, and WHEREAS, the City of North Saint Paul and the City of Maplewood have entered into a joint-powers agreement for the preparation of said plans and specifications, and WHEREAS, the City of North Saint Paul requested its consulting engineers, Toltz, King, Duvall, Anderson and Associates, to prepare said final plans and specifications, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. Upon the approval of said plans and specifications by the City of North Saint Paul and the advertisement for and opening of bids in accordance with Minnesota Statutes Chapter 429, the City Clerk and City Engineer shall receive the opened bids from North Saint Paul. _ 3. The City Clerk and City Engineer are hereby authorized and instructed to tabulate the bids received. The Council will consider the bids, and the award of a contract, at the regular City Council Meeting of July 22, 1996. Seconded by Councilmember Koppen Ayes - Councilmembers Allenspach, Carlson, Koppen, Rossbach Nays - Mayor Bastian 12 3-25-9F No Parking Restrictions e. Councilmember Carlson introduced the following Resolution and moved its adoption: 96-03-46 NO PARKING RESTRICTION - PROJECT 95-18 WHEREAS, the City of Maplewood has approved the plans and specifications for the construction of Bellaire Avenue from Beam Avenue to Lydia Avenue, and WHEREAS, the City will be expended Municipal State Aid (MSA Project 138- . 126-02) funds on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum width standard with unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood prohibits the parking of motor vehicles on the west side of Bellaire Avenue from Beam Avenue to Lydia Avenue. Seconded by Councilmember Koppen Ayes - Councilmembers Allenspach, Carlson, Koppen, Rossbach Nays - Mayor Bastian K. COUNCIL PRESENTATIONS NONE L. ADMINISTRATIVE PRESENTATIONS: NONE M. ADJOURNMENT OF MEETING 10:47 P.M. ~ ~ ~ Lucille E. Aurelius, City Clerk 13 3-25-96