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