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HomeMy WebLinkAbout04-08-1996 MINUTES OF MAPLEWOOD CITY COUNCIL - 7:00 P.M. Monday, April 8, 1996 Council Chambers, Municipal Building Meeting No. 96-07 `1. 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 96-06 (March 25, 1996) Councilmember Rossbach moved to approve the minutes of Meeting No. 96.06 (March 25. 1996) as corrected: Resolution 96-93.44 (Starting on Page 7) changed as follows on Page 8: "6. The City Council shall review this permit in one year." Seconded by Mayor Bastian Ayes - all E. APPROVAL OF AGENDA: Councilmember Rossbach moved to approve the Agenda as amended: L1 Hazelwood & Highway 36 _ L2 Dispatching L3 Mayor's Forum Seconded by Councilmember Allenspach Ayes.- all EA. APPOINTMENTS/PRESENTATIONS 1. 1996 Recycling Logo Contest. a. Manager McGuire presented the staff report_ b. Michael Hinz, Gopher Recycling, presented the details of the contest and introduced Michael Carlson, of the 4th Grade class at Oakdale Elementary, who won the contest. 1 4-8.96 F. CONSENT AGENDA: Mayor Bastian moved. seconded by Councilmember Rossbach; ayes - all, to approve the Consent Agenda. Items F1, F2 and F4 as recommended. (Item F3 removed from Agenda). 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 57,711.05 Checks #6205 - #6220 Dated 3-14-96 thru 3-20.96 $ 120,820.69 Checks #24620 - #24738 Dated 3-26-96 $ 199,729.54 Checks #6221 - #6249 Dated 3.21-96 thru 3-29.96 $ 368.210.85 Check #24746 Dated 4-2-96 $ 746,472.13 Total Accounts Payable PAYROLL: $ 284,354.50 Payroll Checks Dated 3-22.96 $ 49,594.27 Payroll Deduction Checks #51327-#51339 Dated 3-22-96 $ 333,948.77 Total Payroll $1.080.420.90 GRAND TOTAL 2. Ambulance Bill - Application for Cancellation Authorized cancellation on the basis of hardship of the $296.48 total remaining balance on two ambulance bills for George Froehlich, a Maplewood Resident. 3. Modification of Park and Recreation 1996 Budget Removed from Agenda 4. Proposed Settlement - Metro Supervisory Association Approved the proposed contract settlement with the Metro Supervisory Association, which includes the following changes from the previous contract: 1. Duration: Three year agreement to expire 12-31-98. 2. Wages: General wage increase of 3~ retroactive to 1-1-96 for the first year of the contract. General wage _ increase of 3X for 1997 and for 1998. 3. Recognition: Position of Lead Naturalist was added due to reorganization which added supervisory 'duties; Assistant Finance Director position became non- union and was, therefore removed. 4. Funeral Leave: Added 'legal guardian' and 'individual over whom an employee has legal guardianship' to the definition of relatives. 2 4-8-96 5. Mileage: Revised language on mileage reimbursement to allow for automatic increases consistent with the City- approved rate for other employees. 6. Foreman Overtime: Agreed to delete overtime eligibility for new foremen hired after 1-1-96 and increased the pay rate by 5150 per month to compensate for - this. Current Foremen are eligible to opt into the new rate with the understanding they will no longer be eligible for overtime. 7. Sick Leave: Revised the language on reasons employees could use authorized sick leave so it is consistent with the Personnel Policies and State Law. 8. Deferred Compensation: Increased the City's Contribution to deferred compensation by $5 per month (from 570 to 575) effective January 1, 1997. G. PUBLIC HEARINGS: 1. 7:00 P.M. (7:08 P.M.) Hill-Murray High School Conditional Use Permit a. Mayor Bastian convened the meeting for a public hearing regarding a request for approval of several changes and expansions to the athletic fields at Hill-Murray High School. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Mayor Bastian referred Council to the Planning Commission minutes of March 4, 1996 contained in the staff report. e. City Attorney Kelly explained the procedure for public hearings. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Richard Gray, TKDA, architect for the proposed project Larry Morgan, 2434 Nemitz, representing Hill-Murray Kevin Berglund, 1929 Kingston g. Mayor Bastian closed the. public hearing. h Mayor Bastian introduced the following Resolution and moved its adoetion: 96-04-47 CONDITIONAL USE PERMIT - HILL-MURRAY WHEREEAS, Hill-Murray High School requested a Conditional Use Permit for a school and related athletic fields. WHEREAS, this permit applies to 2625 Larpenteur Avenue East. The legal description is: Part of the S 1/2 of the SE 1/4 of S 13, T 29N, R22W, Ramsey County, MN 3 4-8.96 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. The City Council held a public hearing on March 25, 1996. 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. _ 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. 10. The City Council may waive any of the above requirements for a public building or utility structure, provided the Council shall first make a determination that the balancing of public interest between governmental units of the State would be best served by such waiver. Approval is subject to the following conditions: 4 4.8.96 1. All construction shall follow the site plan approved by the City date-stamped February 1, 1996. The Director of Community Development may approve minor changes. 2. The City Council shall review this permit in one. year to monitor the traffic and parking situations related to the use of the athletic fields. The City Council may require additional parking and/or traffic control or parking limitations at some time in the future. 3. Any new lights shall be installed to meet the City Code. This requires that they be screened or aimed so they do not cause any light glare problems on streets or residential properties. 4. Dedicate and record a 50-foot-wide wetland-protection buffer easement. This easement shall describe the boundary of the buffer and prohibit any building, mowing, cutting, filling or dumping within the buffer. The property owner shall submit a revised site plan for staff approval if wetland-buffer compliance results in any site plan changes. The part of this wetland buffer area that is already- mowed lawn may remain as such. 5. Post signs on the edge of the wetland-protection buffer prohibiting any building, mowing, cutting, filling or dumping within the buffer. Wetland buffer signs in the mowed area shall be placed at the edge of the lawn. 6. That portion of the proposed walking/running path within the wetland buffer shall be build with a pervious material or the path shall be kept outside the wetland buffer. 7. Revise the site plan for staff approval providing a 30-foot setback for the proposed bleachers from Sterling Street and Larpenteur Avenue. 8. Plant 30 native species trees for screening between the playing fields and the homes on Knoll Circle. 9. The school shall prepare for City approval a turf installation and maintenance management plan for the athletic fields. 10. Revise the grading and drainage plan for City approval to provide sedimentation control at the stormwater discharge point before it dumps into the south wetland area. Seconded by Councilmember Carlson Ayes = all H. AWARD OF BIDS 1. Park Mowing Equipment a. Manager McGuire presented the staff report. b. Councilmember Carlson introduced the following Resolution and moved its adoption: 5 4.8-96 96-04-48 AWARD OF BID - MOWING EQUIPMENT BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of North Star Turf in the amount of $31,364.25 is the lowest responsible bid for the purchase of two rotary mowers, 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. Seconded by Councilmember Koppen Ayes - all J. UNFINISHED BUSINESS 1. White Bear Avenue Improvements, Project 89-21 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. The following was heard: Wayne Leonard, Ramsey County Public Works d. Councilmember Carlson moved to remove the left turn lane from the pro.iect. Seconded by Councilmember Koppen Ayes - Councilmembers Carlson, Koppen Nays - Mayor Bastian, Councilmember:. Allenspach, Rossbach MOTION FAILED e. Councilmember Carlson moved to include the sidewalk in the pro.iect. Seconded by Councilmember Koppen Ayes - Mayor Bastian, Councilmembers Allenspach, Carlson, Koppen Nays - Councilmember Rossbach f. Mayor Bastian moved to include the left turn lane for traffic from the North to turn East into the private drive. with the understanding that if problems occur from people exiting the driveway and using the cut to turn South. it may be closed. Seconded by Councilmember Allenspach Ayes - all g. Councilmember Koppen moved to approve the White Bear Avenue I~rovements, Pro.iect 89-21, as amended (includih4 sidewalk and left- turn lane at the Lake Ridge Park townhome driveway. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Allenspach, Carlson, Koppen Nays - Councilmember Rossbach 6 4-8.96 2. Sign Code Amendment = Residential Signs (Second Reading) a. Manager McGuire presented the staff report. b. Director of Community Development Coleman presented the specifics of the report. c. Councilmember Allenspach introduced the following Ordinance for second reading and moved its adoption: ORDINANCE N0. 750 AN ORDINANCE REVISING THE SIGN REGULATIONS FOR RESIDENTIAL DISTRICTS THE MAPLEWOOD CITY COUNCIL APPROVES THE FOLLOWING ORDINANCE: Section 1. This section changes Section 36-316 as follows: Section 36-316. Permitted. The only signs which are permitted in an R-1 Residence District (Single _ Dwelling), R-2 Residence District (Double Dwelling) or R-3 Residence District (Multiple Dwelling) in the city are as follows: (1) Signs permitted in Schedule I, subdivision I of this division, as regulated therein. (2) One fascia sign of not more than two (2) square feet in area giving the name and occupation of the occupant of a building carrying on a home occupation as defined in the City zoning ordinance. (3) Wall signs up to twenty-four (24) square feet and freestanding signs up to thirty-two (32) square feet may be allowed by sign permit for apartment or townhouse complexes, churches, schools, libraries, community centers or other institutions. The total square footage of any freestanding sign shall measure the overall dimensions of the sign message board. One fascia and one freestanding sign shall be permitted for each street frontage. Section 2. This Ordinance shall take effect after its approval and publication. Seconded by Councilmember Carlson Ayes - all 3. Lawn Irrigation Ordinance 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. No one appeared. 7 4-8.96 d. Councilmember Carlson moved to approve first reading of a Lawn Irrigation Ordinance presented except with the first two sentences of (9) amended to read• Install and maintain an underground lawn irrigation ~~~~tem The system shall be directed so as to not sorav on Dublic streets or sidewalks. Seconded by Councilmember Allenspach ayes - all 4. Loitering Ordinance (Second Reading) a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the report. c. Councilmember Koppen introduced the following Ordinance for second reading and moved its adoption: ORDINANCE N0. 751 AN ORDINANCE TO CONTROL LOITERING IN THE CITY §19-16 Sec. 19-16. Same Loitering. (a) Definitions. For the purpose of this section, the following terms shall have the following respective meanings ascribed to them: (1) Premise - any yard, lot, parcel, sidewalk, boulevard, street, highway, alley, park, playground, restaurant, church, school, any car or other motor vehicle, parking lot drive-in, building used for business, commercial or industrial purpposes, washroom, lavatory, apartment hallway or other location whether public or private in the City of Maplewood. (2) Business premise - all premises, either public or private, which include a facility that has established open and closed hours. Non-business premises shall include all other premises in the City of Maplewood. (b) Whoever commits any of the following acts constitutes a nuisance = against public order and is guilty of a petty misdemeanor: (1) Lingering about the doorway of any building, or sitting or lingering upon the steps, window sills, railing, fence, or parking area adjacent to any building in such manner so as to obstruct or partially obstruct ingress to or egress from such building or in such a manner to annoy the owner or occupant. (2) Remaining for more than five minutes on any private business premise which is posted with a conspicuous sign containing the words "No loitering" when: a) the business establishment is closed; or b) the person charged does not visibly demonstrate any intent to conduct business at the establishment or to leave the premise after having conducted such business. State law reference M.S. § 609.725, subd 2. Cross References Mun Corp 111(1). 8 4.8-96 (3) Lingering for more than five minutes on any public business premise which is posted with a conspicuous sign containing the words "No loitering" when such premise neither has been nor will be open for business within 30 minutes. (4) Lingering for more than five minutes on any public. or private non-business premise which is posted with a conspicuous sign containing the words "No loitering". C5) Lingering for any length of time upon any public or private premises or moving in a slow and deliberate manner without purpose or otherwise interfering with, obstructing, or rendering difficult or unreasonable for passage any public roadway, sidewalk, parking area, or right-of-way after _ having been warned within the preceding four months, either orally or in writing, by the owner, agent, manager or person in charge thereof, or by any peace officer or employee of the City of Maplewood, that such conduct will result in a charge under this section. (c) Whoever commits any of the following acts is guilty of a misdemeanor: (1) Failing or refusing to vacate or leave any premises after being requested or ordered, either orally or in writing, to do so by the owner, agent, manager, or person in charge thereof, or by any peace officer or employee of the City of Maplewood, or returning within two hours thereafter to the premises after having been so requested or ordered to vacate such premises. (2) Any of the acts described in subsection 19.16 (b) (1) through (5), when less than one year has elapsed since the individual was found guilty of a previous violation of this section. Seconded by Councilmember Carlson Ayes - all 5. Historical Committee Ordinance a. Manager McGuire presented the staff report. b. City Attorney Kelly presented details of the proposed Ordinance and the suggested changes. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Al Galbraith, History Committee Chair c. Councilmember Allenspach moved to approve first reading of an Ordinance creating the Maplewood Historical Advisory Commission, with direction to staff to work with the Committee to clairfv the proposed Ordinance. I Seconded by Councilmember Carlson Ayes Mayor Bastian, Councilmembers Allenspach, Carlson, Koppen Nays - None Abstain - Councilmember Rossbach 9 4.8-96 6. Trunk Highway 61 Water Maim'Improvements. Project°95-17, Award of Bids, Assessment Information a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. Award of Bid' c. Councilmember Koppen introduced the following Resolution and moved its adoption: 96-04-49 AWARD OF BID - PROJECT 95-17 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid _ of F. M. Frattalone in the amount of $121,039.55 is the lowest responsible bid for the construction of TH61 Water Main, North of Beam Avenue, City Project 95-17, and the Mayor and Clerk are hereby authorized and directed to accept the bid of said bidder for and on behalf of the City. The bid shall be used for the preparation of the assessment roll. Seconded by Councilmember Carlson Ayes - Councilmembers Allenspach, Carlson, Koppen Nays - Mayor Bastian, Councilmember Rossbach Assessment Information d. Councilmember Koppen introduced the following Resolution and moved its adoption: 96 - 04 - 50 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the City Clerk and City Engineer have received bids for the improvement of TH 61 Water Main, North of Beam Avenue, City Project 95-17. = NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilmember Carlson Ayes - Councilmembers Allenspach, Carlson, Koppen Nays - Mayor Bastian, Councilmember Rossbach 10 4-8-96 e. Councilmember Koppen introduced the following Resolution and moved its adoption: 96-04-51 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of TH 61 Water Main, North of Beam Avenue, City Project 95-17, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 13th day of May, .1996, at the City Hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Councilmember Carlson Ayes - Councilmembers Allenspach, Carlson, Koppen - Nays - Mayor Bastian, Councilmember Rossbach J. NEW BUSINESS: 1. Amendment to Ice Arena Joint Powers Agreement. 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. The following were heard: Craig Waldron. City Administrator, City of Oakdale Denny Schutz, 790 Dorland Road - d. Councilmember Carlson moved to authorize execution of an amendment to the ioin~owers agreement for the Joint Ice Arena which will specify that the bonds for the arena will be issued by Independent School District 622 (not the City of Oakdale). and to increase the bonding authorization to 51.95 million. Seconded by Councilmember Koppen Ayes all 11 4-8.96 2. Home Depot Sign Plan Change 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: Rosalyn Holderfield, Collins Sign d. Councilmember Rossbach moved to authorize amendment of the comprehensive sign plan to allow the addition of an "Indoor Lumberyard" sign on the front elevation as shown on the plans date-stamped February 8. 1996. Seconded by Councilmember Koppen Ayes - all 3. Charitable Gambling Requests -Second Quarter, 1996 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. Councilmember Carlson moved to approve the request for $10.000 from the Charitable Gambling Fund to be used to cover the cost of City related croups using the Banquet Room rent-free. - Seconded by Councilmember Koppen Ayes - all e. Councilmember Carlson moved to approve the request for $3.500 from the Charitable Gambling Fund for preparation and production of a brochure promoting the Community Center's Entertainment and Arts Series. Seconded by Councilmember Koppen Ayes - all f. Councilmember Carlson moved to approve the request for $4,500 from the. Charitable Gamblin4 Fund for preparation and production of an updated brochure promoting the recreation and athletic programs offered to residents and an updated map of park and recreation facilities. Seconded by Councilmember Koppen Ayes - all g. Councilmember Carlson moved to approve the request for $7.500 from the Charitable Gambling Fund to help defray costs associated with attendance of twenty M~lewood Police Cadets at the Law. Enforcement Explorers Conference and the National Law Enforcement Explorers Conference. Seconded by Councilmember Koppen Ayes - all 12 4-8-96 h. Council discussed the request from the North High Senior Class Graduation Committee fora donation toward the all-night class party to follow graduation, but no action was taken. 4. Authorize Execution of Purchase Agreement for Open Space Acquisition a. Manager McGuire presented the staff report. b. Assistant City Manager Dawson presented the specifics of the report. c. Councilmember Carlson moved to authorize execution of a purchase _ agreement to acouire aaaroximately 13 39 acres of the Kuslich oroaerty. located north of Keller Parkway and west of Forest Street. for open space Seconded by Councilmember Koppen Ayes - all 5. Schedule Meeting to Review 1995 Annual Financial Report a. Manager McGuire presented the staff report. b. Director of Finance Faust presented the specifics of the report. c. Mayor Bastian moved to schedule the meeting to review the 1995 Annual Financial Report for 6.30 P M on May 13 1996. immediately preceding the Council Meeting. Seconded by Councilmember Koppen Ayes - all 6. Schedule Meeting to Discuss Commercial Study a. Manager Mc6uire presented the staff report. b. Council agreed to discuss this item at the June Council/Manager meeting, rather than hold a special meeting. 7. Reconsideration Request - Gary Speiss a. Manager McGuire presented the staff report. _ b. Councilmember Rossbach moved to reconsider the Conditional Use Permit Resolution (96-03.44) adopted on March 25 1996 to allow Greg Stachowiak of Echo Lake Greenhouse to operate a temporary greenhouse west of the existing outdoor storage yard at 2280 Maplewood Dave. Seconded by Councilmember Koppen Ayes - Mayor Bastian, Councilmembers Koppen, Rossbach Nays - Councilmembers Allenspach, Carlson 13 4-8-96 c. Gary Spiess, 2464 Maplewood Drive, appeared before the Council, objecting to the approval of a temporary greenhouse at 2280 Maplewood Drive. d. Mayor Bastian moved to suseend the Conditional Use Permit. Resolution 96-03-44 and hea~roponents and/or opponents. Seconded by Councilmember Koppen Ayes - Mayor Bastian, Council members Carlson, Koppen, Rossbach Nays - Councilmember Allenspach e. Greg Stachowiak, Echo Lake Greenhouse appeared before the Council. - f. Councilmember Rossbach moved to amend the conditions in the original Conditional Use Permit as follows: Condition 10 to read: "The owner or operator shall provide proof of all state and local permits required, valid and displayed." Condition 12 to read: "The greenhouse structure shall be temporary. The owner or operator shall remove the greenhouse after each three-month season. Owner shall designate on a sign where majority of products are grown." Seconded by Councilmember Koppen Ayes - all g. Councilmember Rossbach introduced the following Resolution and moved its adoption: - 96 - 04 - 52 AMENDED CONDITIONAL USE PERMIT 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 i/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. 14 4.8-96 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. 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. 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. 15 4-8-96 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 sha1T 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. Nours 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. 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 Koppen Ayes all 8. Lexus - Request for Change to Conditional Use Permit a. Manager McGuire presented the staff report. - b. Director of Community Development Coleman presented the specifics of the report. 16 4-8-96 c. Mayor Bastian asked if anyone wished to speak before the Council _ regarding this matter. The following was heard: Steve Bloomer, Owner Lexus of Wayzata - d. Councilmember Carlson moved to amend the conditions of the Lexus Conditional Use Permit in order to allow construction of the building to begin prior to the signing of the water system construction documents with the requirements that there be no combustible material on site and the Lexus Company arovide the Citv with a letter of credit. Seconded by Councilmember Allenspach Ayes - Mayor Bastian, Councilmembers Allenspach, Carlson, Koppen Nays - Councilmember Rossbach e. Councilmember Carlson introduced the following Resolution and moved its adoption: 96 - 04 - 53 AMENDED CONDITIONAL USE PERMIT RESOLUTION - LEXUS WHEREAS, Ryan Construction Company of Minnesota, Inc. applied for a conditional use permit for a motor vehicle maintenance garage as part of a new Lexus automobile dealership; WHEREAS, this permit applies to property on the east side of Highway 61 between Beam Avenue and County Road D. The legal description is: Tracts D and G, Registered Land Survey No. 525 WHEREAS, the history of this conditional use permit is as follows: 1. On February 5, 1996, the Planning Commission recommended that the City Council approve this permit. 2. On February 12, 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 of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described conditional use permit based on the building and site plans. The City approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 17 4.8-96 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, _ dust, odor, fumes, water or air pollution, drainage, water run- . off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the City. This shall include the sump pump catch basin design submitted on February 26, 1996. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started 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. Before the issuance of a building permit, the City must have a development agreement and letter of credit guaranteeing the extension of the water main to the Lexus site. The water system must be operational before the presence of substantial amounts of combustible materials, as required by the Fire Chief. 5. The future expansion is not allowed with this permit. The applicant must apply for design approval and an amendment to the conditional use permit before building this expansion. The future expansion must be at least 100 feet from the billboard. 6. The property owner shall agree to accept responsibility for the annual maintenance and upkeep of the sump catch basins. 7. The applicant shall submit the plans for the sump catch basins and discharge rip rap to the Ramsey-Washington Metro Watershed District for their approval before the City will issue a building permit. Seconded by Councilmember Allenspach Ayes - Mayor Bastian, Councilmember: Allenspach, Carlson, Koppen Nays - Councilmember Rossbach 18 4-8-96 f. Councilmember Carlson moved to amend the conditions for approval of the site plans (staffed December 7 1995 and the site clans stamped February 1 1996) by chan4ing Item 3 (aaproved on March 25. 1996) to read as follows: 3. Before the issuance of a building permit, the City must have a development agreement and letter of credit guaranteeing the extension of the water main to the Lexus site. The water system must be operational before the presence of substantial combustible materials are on site as determined by the Fire Chief. Seconded by Councilmember Allenspach Ayes - Mayor. Bastian, Councilmembers Allenspach, Carlson, Koppen Nays - Councilmember Rossbach K. VISITOR PRESENTATIONS 1, Ida Unser, St. Croix Beach, and Joyce Harris, Woodbury a. Ms. Unser and Ms. Harris are interested in opening a therapeutic massage parlor in Maplewood and questioned the $500 investigation fee and the permit fee, when compared to other cities in this area. b. City Manager McGuire stated he thought the fee had been established as a result of the recent User Fee Study and that any changes in requirements for licensing might require an ordinance change. c. Council directed staff to investigate and report back to Council at April 22, 1996 meeting. 2. Kevin Berglund, 1929 Kingston a. Mr. Berglund spoke regarding various concerns: 1) Goodrich Park - information from conversations he has had with Ramsey County personnel regarding future use 2) Organized Collection - understands the haulers have been getting together, wonders if that should be a concern of the City. 3) White Bear Avenue Project - stated he feels this part of White Bear Avenue is one of the better streets in Maplewood and questions the fiscal responsibility of this improvement and why it is being done. 3. Al Peterson, 1990 Ripley j a. Mr. Peterson expressed concern about Goodrich Park situation, loss of ball parks, apparent statement with the transfer of parklands and suggested perhaps the City should reconsider the Golf Dome. COUNCILMEMBER ROSSBACH MOVED TO EXTEND THE MEETING UNTIL THE AGENDA IS COMPLETED. SECONDED BY MAYOR BASTIAN AYES - ALL 19 4-8-96 L COUNCIL PRESENTATIONS - 1. Hazelwood & Highway 36 a. Councilmember Allenspach stated that on a Wednesday evening, before PetSmart and Cub opened, she had spent 1/2 hour getting from County Road B to 11th Avenue on White Bear Avenue; and feels something will need to be done there. b. City Manager McGuire stated staff has been in contact with MnDOT and, although there is nothing to report so far, they seem to have an interest in working something out, and staff will continue the effort. 2. Dispatching a. Councilmember Carlson commented on fact the County Sheriff's office and the City of St. Paul are involved in discussion related to merging their dispatching centers, and believes Maplewood should be involved in those discussions so as to avoid being left out or having our costs increased. b. City Manager McGuire stated he has talked with the Ramsey County Administrator about this, and will contact St. Paul. 3. Mayor's Forum Goodrich Park/Golf Dome a. Mayor Bastian reported there was considerable discussion at the Forum on Saturday regarding alternatives. The Golf Dome developer has indicated he is still interested in a site in Ramsey County; and inquired of the Council whether it should be brought up again. b. Mayor Bastian moved to direct staff to contact Ramsey County in regard to interest in renewing discussions for a Dome in Maplewood as well as concerns about the transfer of park lands. Seconded by Councilmember Koppen Ayes - Mayor Bastian, Councilmembers Carlson, Koppen Nays - Councilmembers Allenspach, Rossbach Community Center Update a. Mayor Bastian stated there were questions regarding activities at the Community Center hours, policy on 9-year-olds being dropped off alone, more dances for teens at night, etc., and question of why hours are being cut. b. City Manager McGuire stated the Community Center Quarterly Update will be on the April 22 Agenda. 20 4.8-96 Roadway Study a. Mayor Bastian said a roadway study has been requested for the Lower Afton area (walkways, turn lanes, speed limits, stop signs). b. Mayor Bastian requested staff to provide information and possible suggestions in a report for discussion at a Council/Manager Meeting. Announcements a. Mayor Bastian announced that City Clerk Lucille Aurelius will be retiring on April 19, 1996 and that a retirement party will be held on April 24. Anyone interested in attending should contact the Terri Carlson in the City Manager's office. b. Mayor Bastian announced there will be a Council/Staff Retreat on April 18 and 19. 1996. = c. Mayor Bastian reported there will be a session on April 25th and 27th _ "Building Stronger Families to Prevent Juvenile Delinquency", sponsored by the Institute of Basic Life Principles. City Manager McGuire has a brochure if anyone is interested in attending. M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT 10:48 P.M. Lucille E. Aurelius City Clerk 21 4.8.96