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
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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.
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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.
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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:
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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.
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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:
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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.
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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.
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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.
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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
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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
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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
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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
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