HomeMy WebLinkAbout05-11-1998 MINUTES OF THE MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, May 11, 1998
Council Chambers, Municipal Building
Meeting No. 98-10
A. CALL TO ORDER
A regular meeting ofthe City Council of Maplewood, Minnesotawas held inthe Council Chambers, Municipal
Building, and was called to order at 7:00 p.m. by Mayor Rossbach.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
George F. Rossbach, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Kevin Kittridge, Councilmember Present
Marvin C. Koppen, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Meeting 98-08 (April 27, 1998)
Councilmember Carlson moved to approve the minutes of Meeting No. 98-08(April 27, 1998) as corrected.
Seconded by Koppen Ayes -all
E. APPROVAL OF AGENDA:
Councilmember Carlson moved to approve the Agenda as amended:
M1 Committee Reports
M2 Mayor's Mailbox
M3 Mosquito Control
Seconded by Councilmember Allenspach Ayes -all
F. APPOINTMENTS/PRESENTATIONS
NONE
G. CONSENT AGENDA:
Councilmember Koppen moved, seconded by Councilmember Carlson, ayes -all, to approve the Consent
Agenda, Items G1 thru G6 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE:
$ 56,362.70 Checks #7469 thru #7476 dated 4-17-98 thru 4-23-98
52,381.89 Checks #37452 thru #37564 dated 4-28-98
17,301.11 Checks #7477 thru #7485 dated 4-24-98 thru 4-29-98 289,695.86
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5-11-98
Checks #37567 thrn #37675 dated 5-5-98
$ 415,741.56 Total Accounts Payable
PAYROLL:
$ 286,131.92 Payroll Checks and Direct Deposits dated 5-1-98
49.730.67 Payroll Deduction checks #65260 - #65274 dated 5-1-98
$ 335.862.59 Total Payroll
$ 751,604.15 GRAND TOTAL
2. Change of Manager AMF Bowling Center, Inc. -Robert J. Selander
Approved a change of manager for AMF Bowling Center, Inc. 1955 English Street from Adeline
Benjamin to Robert J. Selander.
3. Disposal of Old Financial Records
Authorized the disposal of financial records that have passed their legally required six-year retention
period and adopted the following resolution:
98-05-36
RESOLUTION DISPOSING OF FINANCIAL RECORDS
WHEREAS, M.S.A. 138.17 governs the destruction of city records; and
WHEREAS, a list of records has been presented to the Council with a request in writing that destruction be
approved by the Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA;
1. That the Finance Director is hereby directed to apply to the Minnesota State Historical Society for
an order authorizing destruction of the records as described in the attached list.
2. That upon approval by the State of the attached application, the Finance Director is hereby
authorized and directed to destroy the records listed.
4. Payroll Benefits Fund Surplus
Adopted the following Resolution liquidating payroll benefits fund surplus:
98-05-37
RESOLUTION LIQUIDATING PAYROLL BENEFITS SURPLUS
WHEREAS, the Payroll Benefits Fund has a surplus of $218,172 on 12-31-97, and
WHEREAS, this surplus is not needed to finance accumulated leave benefits and severance pay, and
WHEREAS, the surplus has resulted from revenues exceeding expenses, and
WHEREAS, it is appropriate to transfer the surplus to the operating budget funds on a pro-rata basis
based on the amounts that they contributed.
NOW THEREFORE BE IT RESOLVED, that the following transfers from the Payroll Benefits Fund are
hereby authorized along with the appropriate budget changes:
$184,138 to General Fund
6,545 to Recreation Programs Fund
8,072 to Sanitary Sewer Fund
13,963 to Community Center Operations Fund
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5-11-98
436 to Water Fund
3,273 to V.E.M. Fund
1.745 to D.P. Fund
218 172 Total
5. Financial Transfer to Close Improvement Project 87-04
Authorized budget changes and transfers to close improvement Project 87-04.
6. Financial Transfer to Close Improvement Project 90-06
Authorized budget changes and transfers to close improvement Project 90-06.
H. PUBLIC HEARINGS
1. 7:07 P.M. Hill-Murray High School Athletic Facilities (2625 Larpenteur Avenue East)
Wetland Buffer Setback Variance
Conditional Use Permit Revision
a. Mayor Rossbach convened the meeting for a public hearing regarding a wetland buffer setback
variance and condition use permit revision for Hill-Murray High School athletic facilities.
b. Manager McGuire introduced the staff report.
c. Associate Planner, Ken Roberts presented the specifics of the report.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The following
persons were heard:
Joe Peschges, President of Hill Murray School.
Larry Morgan, Vice President of Hill Murray Father's Club.
Joe Peschges (second appearance)
Sister Geran, Resident Nun of Hill Murray
f Mayor Rossbach closed the public hearing.
Councilmember Koppen introduced the following Resolution and moved its adoption:
98 -05 - 38
RESOLUTION WETLAND BUFFER SETBACK VARIANCE -HILL MURRAY ATHLETIC FIELDS
WHEREAS, Mr. Joseph Peschges of Hill-Murray High School applied for a variance from the zoning
ordinance.
WHEREAS, this variance applies to school property and athletic fields at 2625 Larpenteur Avenue. The
legal description is:
Part ofthe S'/z of the SE 1/4 of S 13, T 29N, R22W, Maplewood, Ramsey County, MN
WHEREAS, Section 36-196(h)(3) of the wetland protection ordinance requires a 50-foot-wide wetland
buffer.
WHEREAS, the applicant is proposing azero- to 50-foot-wide wetland buffer.
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WHEREAS, this requires a variance of zero to 50 feet.
WHEREAS, the history of this variance is as follows:
1. On Apri120, 1998, the planning commission recommended that the City Council approve this
variance.
2. The City Council held a public hearing on May 11, 1998. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners as required by law. The
Council gave everyone at the hearing an opportunity to speak and present written statements. The
Council also considered reports and recommendations from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described variance
for the following reasons:
1. Strict enforcement of the Code would cause undue hardship because of circumstances unique to the
property. The 50-foot-wide wetland buffer requirement would make redevelopment of this site
difficult. The difficulty was created by the new ordinance.
2. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would
improve the quality of the wetland buffer over its present state.
3. The proposal offers protection to the wetland and buffer for wildlife habitat and storm water treatment,
which also are functions of a wetland buffer.
Approval is subject to the applicant doing the following:
1. Follow the site, grading and edge treatment plans date-stamped March 6, 1998, subject to any changes
required by City staff or the Ramsey-Washington Metro Watershed District. The school shall have
the contractor install the fence and Swale while doing the adjacent field construction.
2. Dedicating awetland-buffer easement. This easement shall describe the boundary of the buffer and
prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall
record the deed for this easement before the City will issue a grading permit for the neat phase of
field reconstruction.
3. Accepting responsibility for any necessary maintenance and upkeep of the fence, swales and ponding
areas.
Seconded by Councilmember Carlson Ayes -all
Councilmember Koppen introduced the following Resolution and moved its adoption:
98 -05 - 39
RESOLUTION CONDITIONAL USE PERMIT -HILL MURRAY HIGH SCHOOL
WHEREAS, Hill-Murray High School requested that the City revise their conditional use permit for a
school and related athletic fields.
WHEREAS, this permit applies to 2625 Larpenteur Avenue East. The legal description is:
Part ofthe S'/z of the SE 1/4 of S 13, T 29N, R22W, Ramsey County, MN
WHEREAS, the history of this conditional use permit is as follows:
1. On Apri120, 1998, the Planning Commission recommended that the City Council approve this
revised permit.
2. The City Council held a public hearing on May 11, 1998. City staff published a notice in the paper
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5-11-98
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 revision, 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 runoff, 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.
lO.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:
1. All construction shall follow the site plan and grading plan approved by the City date-stamped
March 6, 1998. The Director of Community Development may approve minor changes. The school
shall move the proposed temporary storage buildings as far away from the wetland buffer as possible
to minimize the variance they will need.
2. The City Council shall review this permit annually to monitor the traffic and parking situations
related to the use of the athletic fields.
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 awetland-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 buffer shall follow the proposed chain-link fence line on the plans date-stamped March
6, 1998. The part of this wetland buffer area that is already mowed lawn may remain as such. The
school shall have the contractor install the fence and Swale while doing the adjacent field
construction.
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 that is within 50 feet of the wetland shall be built
with a pervious material.
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7. Ensure that all bleachers and dugouts are at least 30 feet from the Sterling Street and Larpenteur
Avenue right-of--ways.
8. The City may require the applicant to plant 30 native species of trees for screening between the
playing fields and the homes on Knoll Circle, as maybe determined at a future hearing on the
Conditional Use Permit.
9. The school shall prepare for City approval a turf management plan for the athletic fields. This plan
shall include the mowing, watering and fertilizing practices that the school will follow in the care of
their athletic fields and grounds. The school shall prepare and follow the plan so the practices will
minimize the impact of the storm water runoff on the nearby wetlands.
10. Submit a grading and drainage plan for watershed district approval to provide sedimentation control
at the storm water discharge point before it dumps into the south wetland area.
Seconded by Councilmember Carlson. Ayes -all
2. 7:25 P. M. Park Edge Apartments (Skillman Avenue and Clarence Street)
Conditional Use Permit
Design Approval
Alley Vacation
a. Mayor Rossbach convened the meeting for a public hearing regarding a Conditional Use Permit,
Design Review and Alley Vacation for Park Edge Apartments, Clarence Street and Skillman
Avenue.
b. Manager McGuire introduced the staff report.
c. Associate Planner, Ken Roberts presented the specifics of the report.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Boardmember Marie Robinson presented the Community Design Review Board report.
f Mayor Rossbach opened the public hearing, calling for proponents or opponents. The following
persons were heard:
Scott Fricker, representing Dominium Acquisitions, Inc.
Bob Long, 2002 Clarence
g. Mayor Rossbach closed the public hearing.
Councilmember Kittridge introduced the following Resolution and moved its adoption:
98- 05 - 40
RESOLUTION CONDITIONAL USE PERMIT -PARK EDGE APARTMENTS
WHEREAS, Scott Fricker of Dominium Acquisitions, Inc., applied for a conditional use permit to
expand an existing nonconforming use by building garages at the Park Edge Apartments. The proposed
garages would be an expansion of an existing nonconforming use in the R-2 zoning district.
WHEREAS, this permit applies to the properties at 2024 Clarence Street, 2025 Ide Street and 2005 Ide
Street. The legal description is:
Lots 1-6, and Lots 12-22, Block 10, Gladstone Addition in Section 15, Township 29, Range 22, Ramsey
County , MN
WHEREAS, the history of this conditional use permit is as follows:
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5-11-98
1. On Apri120, 1998, the Planning Commission recommended that the City Council approve this
permit.
2. On Apri128, 1998, the Community Design Review Board recommended that the City Council
approve this permit.
3. On May 11, 1998, 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, 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.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the City. 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 end. The Council may extend this deadline for one year.
3. The owners and management of the apartments shall ensure that the tenants use the garages for
parking vehicles and not for storing personal property.
4. The City Council shall review this permit in one year.
Seconded by Councilmember Koppen. Ayes -all
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5-11-98
Design Approval
Councilmember Kittridge moved to approve the plans date-stamped March 30. 1998 and April 21. 1998 for
three ~ara~e buildings (40 ~ara~es) at the Park Edge Apartments, subject to the findings required bj the
Code. The property owner shall do the following
1. Repeat this review in two years if the city has not issued a building permit for this project.
2. Sweep, patch and stripe the parking lot. The owner shall submit a parking lot striping plan
to the city for approval. This plan shall show 9-1/2 foot-wide parking spaces where additional
parking spaces can be gained. There also shall be handicap-parking spaces and handicap-
parking signs for each building that meet the requirements of the Americans
with Disabilities Act (ADA).
3. Install at least three trash enclosures with materials and colors that match the apartment
buildings. The enclosures must extend to the ground to contain debris. The enclosures and
gates must be 100% opaque. There shall be concrete- filled steel posts anchored in the ground at
the front corners of the enclosure, if the contractor builds the enclosures with
wood. (code requirement) The design and location of the enclosures shall be
subject to city staff approval.
4. Before the city issues building permits for the garages, submit the following to city staff for
their approval:
a. The final plans for the garage buildings. These plans shall show the style, color and type of all
materials on the buildings. The colors shall complement the existing apartment buildings.
b. A plan for site-security lighting.
c. A grading and drainage plan for the city engineer's approval. This plan shall ensure that drainage
from the south one-half of this site is directed to the south and away from the rear parts of the
properties at 2000 and 2002 Clarence Street.
d. The plans for the trash enclosures.
5. Mark the "no parking" areas as required by the fire marshall or fire chief.
6. The applicant or contractor shall remove from the site the storage shed that is on the south end of the
alley. This shall be completed before the city grants a certificate of occupancy for any of the new
garages.
7. All work shall follow the approved plans. The Director of Community Development may approve
minor changes.
Seconded by Councilmember Koppen.
3. 7:45 P.M. US West Monopole (Trinity Baptist Church -2220 Edgerton Street)
Conditional Use Permit
Design Approval
a. Mayor Rossbach convened the meeting for a public hearing regarding a proposal to erect an 85 foot
tall monopole by U. S. West Monopole on property located at Trinity Baptist Church, 2220 Edgerton
Street.
b. Manager McGuire introduced the staff report.
c. Associate Planner Ken Roberts presented the specifics of the report.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Boardmember Marie Robinson presented the Community Design Review Board report.
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5-11-98
f City Attorney Kelly explained the procedure for public hearings.
g. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The following
person was heard:
Pat Conlin, representing U.S. West Communications, Inc.
h. Mayor Rossbach closed the public hearing.
Councilmember Koppen introduced the following Resolution and moved its adoption:
98 -05 - 41
RESOLUTION CONDITIONAL USE PERMIT - US WEST MONOPOLE
WHEREAS, Ms. Patricia A. Conlin, of U.S. West Communications, Inc., applied for a conditional use
permit to install an 85-foot-tall telecommunications monopole and related equipment.
WHEREAS, this permit applies to 2220 Edgerton Street. The legal description is:
EX S 604 13/100 FT THEW 429 FT OF SW 1/4 OF SE 1/4 (SUB TO HWY AND ST)
INSEC8TN29RN22
WHEREAS, the history of this conditional use permit is as follows:
1. On Apri120, 1998, the Planning Commission considered this request and recommended that the
City Council approve it.
2. The City Council held a public hearing on May 11, 1998. 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.
Approval is subject to the following conditions:
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5-11-98
1. All construction shall follow the site plan approved by the City. 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.
This conditional use permit is conditioned upon U.S. West allowing the co-location of other providers'
telecommunications equipment on the proposed tower with reasonable lease conditions.
Seconded by Councilmember Carlson Ayes - Councilmembers Allenspach,
Carlson, Kittridge, Koppen
Nays - Mayor Rossbach
Councilmember Koppen moved to approve the site, landscaping and design plans date-stamped Apri13,
1998, for an 85-foot-tall telecommunications monopole and ground equipment on the north side of Trinity
Baptist Church at 2220 Edgerton Street. Approval is based on the findings required by code and subject
to the applicant doing the following:
1. Repeating this review in two years if the city has not issued permits for this project.
2. All work shall follow the approved plans. The director of community development may approve
minor changes.
Seconded by Councilmember Carlson Ayes - Councilmembers Allenspach,
Carlson, Kittridge, Koppen
Nays - Mayor Rossbach
4. 8:00 P.M. Commercial Vehicle Parking and Storage Ordinance Amendment (Second Reading)
a. Mayor Rossbach convened the meeting for a public hearing regarding Commercial Vehicle Parking
and Storage Ordinance.
b. Manager McGuire introduced the staff report.
c. Associate Planner Ken Roberts presented the specifics of the report.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Mayor Rossbach opened the public hearing, calling for proponents or opponents. No one appeared.
f Mayor Rossbach closed the public hearing.
Councilmember Koppen introduced the following Ordinance and moved its adoption:
ORDINANCE 790
AN ORDINANCE ABOUT THE PARKING AND STORAGE OF COMMERCIAL VEHICLES AND
EQUIPMENT
The Maplewood City Council approves the following ordinance:
Section 1. This section changes Section 36-6 (definitions) by revising three definitions and adding six
definitions as follows:
Commercial equipment: Equipment not normally associated with residential uses or purposes,
including but not limited to, cement mixers, snowplows, wood chippers, stump grinders, earth
moving equipment or heavy duty compressors.
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Heavy commercial vehicle: A vehicle including trailers, with more than a one (1) ton nominal rated
carrying capacity including, but not limited to:
(1) Tractor trucks, wreckers, backhoes or dump trucks, vehicles and equipment designed or modified
for use in any construction, demolition, maintenance or delivery activity, semitrailers, garbage trucks,
tank trucks, flatbed trucks, boom or bucket trucks, cattle trucks, trucks carrying or designed to carry
explosive or flammable materials, well drilling equipment, earth-moving equipment. Vehicles and
equipment used for maintenance, repair, construction or delivery on the premises maybe parked at or
on the property during the period of work.
(2) Tractors (road or farm) other than those intended for residential purposes or uses.
(3) All trailers or towed equipment with a capacity greater than one (1) ton or a gross vehicle weight rating
off more than twelve thousand (12,000) pounds.
(4) All trucks, truck-tractor, tractor, semi-trailer, vans, or pick-up trucks as defined herein that have a
capacity greater than one (1) ton or a gross vehicle weight or maximum gross vehicle weight of more
than twelve thousand (12,000) pounds.
(5) Step vans designed or modified for the transportation of cargo, freight, construction machinery,
equipment, materials or implements.
This definition does not include the resident's recreational vehicles.
Light commercial vehicle: A vehicle with a nominal rated carrying capacity of one (1) ton or less on
which is attached a snowplow, carrier, crane or similar commercial attachment.
Road Tractor: Any motor vehicle designed or used for drawing other vehicles but having no
provision for carrying loads independently or any part of the weight of the load it is drawing.
Semitrailer: A vehicle of the trailer type so designed and used in conjunction with atruck-tractor
that a considerable part of its own weight or that of its load rests upon and is carried by the truck-
tractor and shall include a trailer drawn by atruck-tractor semitrailer combination.
Trailer: Any vehicle designed for carrying property or passengers on its own structure and for being
drawn by a motor vehicle but shall not include a trailer drawn by atruck-tractor semitrailer
combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the
motor vehicle to which it is attached.
Truck: Any motor vehicle designed, used or maintained primarily for the transportation of property
or for carrying property other than passengers, except pickup trucks and vans.
Truck-tractor: Atruck-tractor is one of the following:
(1) A motor vehicle designed and used primarily for drawing other vehicles and not constructed to
carry a load other than a part of the weight of the vehicle and load drawn; or
(2) A motor vehicle designed and used primarily for drawing other vehicles used exclusively for
transporting motor vehicles or boats and capable of carrying motor vehicles or boats on its own
structure.
Vehicle or Vehicles: Any motor vehicle as defined in Minnesota Statute 169.01, including pioneer,
classic collector and street rod vehicles, but excluding the following:
Trailers with weight classifications of A and B (up to 3,000 pounds gross weight) as defined in Minnesota
Statutes;
Snowmobiles; and
"All-terrain vehicles" as defined in Minnesota Statutes.
Section 2. This section changes Section 36-66(b)(1) (R-1 zone conditional uses) as follows:
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(1) The storage or parking of heavy commercial vehicles or commercial equipment, or more than
one light commercial vehicle, on a residential property subject to the approval of the City
Council and subject to the following standards:
a. The owner or operator of the vehicle or commercial equipment must reside on the
property.
b. The vehicle or commercial equipment shall be parked in an enclosed structure or on a
hard surface driveway that meets the applicable zoning district requirements.
c. Noise from idling the engine shall not exceed the L50 standards provided for in State
Statutes. The owner or operator shall not let the vehicle's engine idle for more than
thirty (30) minutes in any one (1) hour period. In no circumstances may the owner or
operator run or let the engine idle for more than two periods, lasting thirty (30) minutes
each, in one twenty-four (24) hour period.
The following are exceptions to 36-66(b)(1) above:
a. Those commercial vehicles or commercial equipment used for authorized on-site
construction, repair or service at the residence.
b. Any motor truck, pickup truck, or other commercial vehicle being used by a public utility,
moving company, or similar company, which is being used to service a residence not
belonging to or occupied by the operator of the vehicle.
c. Any vehicle that is making a pickup or delivery at the location where the driver or
operator has parked it. Parking shall not be for the time beyond that the driver or
operator needs to make such a pickup or delivery and shall only be for the time
necessary to complete the pickup or the delivery.
d. Lawful nonconforming and permitted uses.
Section 3. This ordinance shall take effect after its approval and publication.
Seconded by Councilmember Kittridge Ayes -all
I. AWARD OF BIDS
NONE
UNFINISHED BUSINESS
1. Sign Code Variance -Carver School and Gym (2680 Upper Afton Road)
a. Manager McGuire introduced the staff report.
b. Director of Parks and Recreation Bruce Anderson presented the specifics of the report.
a Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. The
following person was heard:
Rita Brenner, 2073 Upper Afton Road
Councilmember Koppen moved to approve the sign code variance, deleting the address line, permitting only
two lines and introduced the following resolution for adoption:
98-05-42
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5-11-98
SIGN CODE VARIANCE -CARVER SCHOOL AND GYM
WHEREAS, the City of Maplewood has applied for a variance from the zoning ordinance.
WHEREAS, this variance applies to 2680 Upper Afton Road. The legal description is:
Beginning at a point twenty (20) rods west of the Northeast corner of the North Half of the Southeast
Quarter (N '/z of the SE 1/4) of Section 1, Township 28, Range 22; thence South forty (40) rods; thence
West forty (40) rods; thence North forty (40) rods; thence East forty (40) rods to the point of beginning.
WHEREAS, Section 36-3160 of the Maplewood Code of Ordinances requires that wall signs for
schools not exceed 24 square feet in area.
WHEREAS, the applicant is proposing a 68-square-foot wall sign.
WHEREAS, this requires a variance of 44 square feet.
WHEREAS, the history of this variance is as follows:
l.On March 10, 1998, the community design review board recommended that the City Council approve
this variance.
2.The City Council held a public hearing on April 13, 1998. 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described variance
for the following reasons:
1. Adhering to the code would cause the applicant an undue hardship because of the large building
setback. Because of this setback a 24-square-foot sign would not be very noticeable or easily read.
2. The proposed sign would meet the spirit and intent of the ordinance since it would appear modest in
size and not overwhelming due to the large wall mass of the gymnasium and because of the large
building setback from the street.
3. The proposed 68-square-foot wall sign is preferable to the applicant installing a 32-square-foot
ground sign by the street plus a 24-square-foot wall sign on the gym both of which are allowed by
code.
Seconded by Councilmember Carlson. Ayes -all
2. Open Space Discussion
a. Manager McGuire introduced the staff report and presented the specifics of the report.
b. Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. The
following persons were heard:
Michael Bailey, 1615 South Sterling
Sharon Pfiffer, Greenway Project Planner
Gordon Bailey, Bailey Nursery
Susan Korf, 1586 S. Sterling
Charlotte Wasiluk, 1740 Frank St.
Will Rossbach, 1386 E. County Road C
Steve DeLapp, Secretary of Minnesota Land Trust
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5-11-98
Mark Gerdes, 1837 McKnight
Al Singer, 49 O'Day Street
Carolyn Peterson, 1999 Jackson Street
Burce Shaw, 1122 County Road C
Sheldon Johnson, 2031 Howard St., St. Paul
Barb Chanery, 2313 Mailand Road
Steve Blashell, 2313 Mailand Road
Milo Thompson, 1794 Onacrest Curve
Kathie Kimlinger, 1117 County Road C
Don Christianson, 1111 County Road C
Dominic Ramacier, 865 Lakewood Drive
Carolyn Peterson (second appearance)
Manager McGuire expressed concern that the current purchase price of the 8-acre parcel is triple the cost of
the last appraised value. McGuire further stated concern that in only purchasing 8 acres, there is a potential
problem of trespassing from the open space area to the private property conservation easements.
Councilmember Kittridge moved to authorize the City Manager to enter into negotiations of Hallers' Woods
lots 5 through 9, subject to first obtaining conservation easements from Bailey, Ledo, and Korf property
owners and upon obtaining the easements, acquiring updated appraisals.
Councilmember Carlson asked for clarification on the status of grading of the site by Tollefson Development.
City Manager McGuire stated that the developer could start grading at any time, but he would request the
developer to delay for a couple of weeks. Councilmember Carlson asked the maker of the motion,
Councilmember Kittridge, what was meant by conservation easements. Councilmember Kittridge stated that
it would have to be a substantial easement, in particular on the Bailey property. Councilmember Allenspach
questioned the amount of acreage and agreed that it would have to be a subbtantial amount. It had been
previously stated, by a member of the Bailey family, in excess of 150 acres could be obtained for a
conservation easement.
Seconded by Mayor Rossbach. Ayes -all
Councilmember Carlson motioned for City Manager McGuire to develop athree-person committee to
evaluate current potential open space properties.
Seconded by Councilmember Kittridge. Ayes -all
K. NEW BUSINESS
1. All-Way Stop Signs -Linwood/Sterling
a.Manager McGuire introduced the staff report.
b. Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. The
following persons were heard:
Tom Lehman, 2419 Linwood Court
Ann Larson, 1713 Lark (Flandrau and Lark)
Dave Bjork, 305 High Point
Berten Holmberg, 2511 Highwood
Councilmember Allenspach moved to approve a request fora 4-way stop sign at the intersection of
Linwood Avenue and Sterling Street.
Seconded by Councilmember Koppen. Ayes -all
2. English Street, Larpenteur to Frost -Project 96-19
(A) Approve plans and specifications
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5-11-98
(B) Authorize advertising for bids
D Order preparation of assessment roll
(D) Schedule assessment hearing
(E) No parking resolution
a. Manager McGuire introduced the staff report.
b. Public Works Director Haider presented the specifics of the report.
Councilmember Carlson introduced the following Resolution and moved its adoption:
98-05-43
RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS -PROJECT 96-19
WHEREAS, pursuant to resolution passed by the City Council on April 13, 1998, plans and
specifications for English Street from Larpenteur Avenue to Frost Avenue, Project 96-19, have been
prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications
to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City OF MAPLEWOOD,
MINNESOTA:
1. Such plans and specifications, acopy 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. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construcrion
Bullerin an advertisement for bids upon the making of such improvement under such approved plans
and specifications. The advertisement shall be published twice, at least ten days before the date set
for bid opening, shall specify the work to be done, shall state theat bids will be publicly opened and
considered by the Council at 10:00 a.m., on the 19th day of June, 1998, at the City Hall and that no
bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check
or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such
bid.
3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read
aloud bids received at the time and place herein noted, and to tabulate the bids received. The
Council will consider the bids, and the award of a contract, at the regular City Council meeting of
June 22, 1998.
Seconded by Councilmember Koppen Ayes -all
Councilmember Koppen moved the following Resolution and moved its adoption:
98 -05 - 44
RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL -PROJECT 96-19
WHEREAS, the City Clerk and City Engineer have received bids for the improvement of English Street
from Larpenteur Avenue to Frost Avenue, City Project 96-19.
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.
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5-11-98
Seconded by Councilmember Carlson Ayes -all
Councilmember Carlson introduced the following Resolution and moved its adoption:
98 -05 - 45
RESOLUTION ORDERING ASSESSMENT ROLL HEARING -PROJECT 96-19
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment
roll for the construction of English Street from Larpenteur Avenue to Frost Avenue, City Project 96-19, 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 22nd day of June, 1998, 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 Kittridge Ayes -all
Councilmember Carlson introduced the following resolution and moved its adoption.
98-05-46
RESOLUTION NO PARKING RESTRICTION, ENGLISH STREET PROJECT 96-19
WHEREAS, the City of Maplewood has approved the plans for the construction of English Sheet from
Larpenteur Avenue to Frost Avenue.
WHEREAS, the City will be expending Municipal State Aid (MSA Project 138-104-05) 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 both sides of English Street from Larpenteur Avenue to 200 feet (60m) north of
Larpenteur Avenue, both sides of English Street from 130 feet (40m) south of Ripley Avenue to 130 feet
(40m) North of Ripley Avenue, and both sides of English Street from 330 feet (100m) South of Frost
Avenue to Frost Avenue.
Seconded by Councilmember Koppen Ayes -all
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5-11-98
3. Harvester/Sterling Improvements -Project 97-16
(A) State aid designation resolution
(B) No parking resolution
a. Manager McGuire introduced the staff report.
Councilmember Carlson introduced the following Resolution and moved its adoption:
98-05-47
RESOLUTION REVOKING MUNICIPAL STATE AID HIGHWAYS
WHEREAS, it appears to the City Council of the City of Maplewood that the streets hereinafter
described as municipal state aid streets under the provisions of Minnesota law.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood that the roads
described as follows, to wit:
Portion of MSA 130 -Harvester Avenue from Sterling Street to Stillwater Road be and hereby is
revoked as a municipal state aid street of said City, subject to the approval of the Commissioner of
Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two
certified copies of this resolution to the Commissioner of Transportation for consideration.
ADOPTED May 11, 1998
Seconded by Councilmember Kittridge Ayes -all
Councilmember Carlson introduced the following Resolution and moved its adoption:
98-05-48
RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS
WHEREAS, it appears to the City Council of the City of Maplewood that the streets hereinafter
described should be designated municipal state aid streets under the provisions of Minnesota law.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood that the roads
described as follows, to wit:
Sterling Street from Harvester Avenue to Stillwater Road
be and hereby is established, located and designated a municipal state aid street of said City, subject to the
approval of the Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two
certified copies of this resolution to the Commissioner of Transportation for consideration, and that upon
approval of the designation of said road or pportions thereof, that same be constructed, improved, and
maintained as a municipal state aid street oY~the City of Maplewood, to be numbered and known as a
municipal state aid streets.
ADOPTED May 11, 1998
Seconded by Councilmember Kittridge Ayes -all
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5-11-98
Councilmember Carlson introduced the following Resolution and moved its adoption:
98-05-49
RESOLUTION NO PARKING RESTRICTION HARVESTER AVENUE -PROJECT 97-16
WHEREAS, the City of Maplewood has approved the preparation of plans for the construction of
Harvester Avenue from Stillwater Road to Century Avenue and Sterling Street from Harvester Avenue to
Stillwater Road.
WHEREAS, the City will be expending Municipal State Aid 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 south side of Harvester Avenue from Sterling Street to Century Avenue and on the
west side of Sterling Street from Harvester Avenue to Stillwater Road.
Seconded by Councilmember Kittridge Ayes -all
4. East Twin Babe Ruth Use lease Agreement
a. Manager McGuire introduced the staff report.
b. Director of Parks and Recreation Bruce Anderson presented the specifics of the report.
a Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. The
following person was heard:
Bruce Warner, Manager, East Twin Babe Ruth
Councilmember Carlson introduced a use lease aereement with East Twin Babe Ruth for the use of
Wakefield Park for a term often years, the term can be renewed for a second ten years. The use asreement
requires East Twin Babe Ruth to indemnify the City and hold the City harmless for any claims of damage.
Seconded by Councilmember Koppen. Ayes -all
Mayor Rossbach moved to extend the meeting at 10:36 p.m.
Seconded by Councilmember Koppen. Ayes -all
'RESENTATIONS
en Juenamann, 721 Mt. Vernon
PRESENTATIONS
1. Committee Reports:
Councilmember Allenspach reported on the NEST annual meeting.
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5-11-98
2. Mayor's Mailbox:
Mayor Rossbach announced that the Mayor's Forum for June will be held
on June 6 at Station #4, Londin Lane, 10:00 A. M. to Noon.
3. Councilmember Koppen requested that a representative from Mosquito Control
attend the June 1 CounciUManager Workshop to inform Council of current methods
used for mosquito control.
N. ADMINISTRATIVE PRESENTATIONS
NONE
O. ADJOURNMENT
ssbach moved to adjourn at 10:46 p.m.
Seconded by Councilmember Carlson. Ayes -All
Karen Guilfoile, City Clerk
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5-11-98