HomeMy WebLinkAbout07-22-2002MINUTES
MAPLEWOOD CITY COUNCIL
7:16 P.M., Monday, July 22, 2002
Council Chambers, Municipal Building
Meeting No. 02-16
A.
B.
C.
D.
1.
CALL TO ORDER:
A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and
was called to order at 7:16 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
ROLL CALL
Robert Cardinal, Mayor Present
Kenneth V. Collins, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councilmember Present
APPROVAL OF MINUTES
Minutes from the CounciUManager Workshop, July 8, 2002
Councilmember Wasiluk moved to approve the CounciUManager Workshop Minutes of July
8. 2002 as amended.
Seconded by Councilmember Juenemann
Ayes-All
2. Minutes from the City Council Meeting, July 8, 2002, Meeting No. 02-14
E.
Councilmember Juenemann moved to approve the City Council Minutes of July 8. 2002.
Meeting No. 02-14 meeting as amended.
Seconded by Councilmember Collins
APPROVAL OF AGENDA
N1. Bond Rating M2. Amusement City
N2. Request to Broadcast M3. Newspaper
N3. Special Council Meetings M4. Website
M1. Pre-agenda Workshops M5. Planning Tour
Councilmember Juenemann moved to approve the Agenda as amended.
Seconded by Councilmember Wasiluk Ayes-All
Ayes-All
City Council Meeting 07-22-02
F
G.
APPOINTMENT S/PRESENTATIONS
1. Planning Commission Appointment
a. City Manager Fursman presented the report.
b. Assistant City Manager Coleman provided specifics from the report.
Councilmember Collins moved to appoint Tushar Desai. 2973 Edward Street, to the vacancy on
the Planning Commission, for a term that would end on December 31. 2004.
Seconded by Councilmember Juenemann Ayes-All
CONSENT AGENDA
Councilmember Collins moved to approve the Consent Agenda as presented.
Seconded by Councilmember Juenemann Ayes-All
1. Approval of Claims
ACCOUNTS
PAYABLE
$1,500.00 Checks #58191 dated 7/3/02
$217,667.23 Checks #58192 thru #58252 dated 7/9/02
$173,127.23 Disbursements via debits to checking account
dated 7/1 thru 7/8/02
$18,467.73 Checks #58253 thru #58256 dated 7/8 thru
7/16/02
$120,038.18 Checks #58257 thru #58299 dated 7/16/02
$3,054,982.30 Disbursements via debits to checking account
dated 7/8 thru 7/15/02
$3,585,782.67 Total Accounts Payable
PAYROLL
$397,065.44 Payroll Checks and Direct Deposits dated
7/5/02
$24,085.01 Payroll Deduction checks #89620 thru #89627
dated 7/5/02
$421,150.45 Total Payroll
$4,006,933.12 GRAND TOTAL
City Council Meeting 07-22-02
2
2. Transfer to Close Fund for Hazelwood Street Project
Approved the following items for the Hazelwood Street, Gervais to County Road C
Project: (1) a $750 increase in the project budget, (2) atransfer of $8,586.62 from the
Street Construction State Aid Fund to close the fund for the project and (3) budget
changes for the transfer.
3. 2002 Firefighter Pay and Benefits
Adopted the salary range of $40,000 - $52,218 for Fulltime Firefighter and differential of
$2000 for the Fire Captain assignment. It is also recommended that the City Council
adopt the benefits as described.
4. Employment Background Check Ordinance -Amending Chapter 2 of City Code
Adopted the following ordinance amending Chapter 2 of the City Code:
ORDINANCE 830
AN ORDINANCE FOR THE CITY OF MAPLEWOOD, MINNESOTA,
AMENDING CHAPTER 2 OF THE CITY CODE, ADMINISTRATION.
The City Council of the City of Maplewood, Ramsey County, Minnesota, does hereby
ordain:
Chapter 2 of the City of Maplewood City Code shall be amended by revising Chapter 2
to add Section 2-10 to read as follows:
Section 2-10 Criminal History/Background Investigations
The City Manager is authorized by State Statute and the City Council to appoint
applicants to both volunteer and paid City positions with the City. The City Manager
will consider the qualifications of the individuals so appointed to determine their fitness
for the position.
Criminal history checks and background investigations will be conducted on all persons
prior to appointment to certain classes of positions. The classes of positions so required
include positions involving: public safety, building or computer system security, work
with or access to children or vulnerable adults, fiduciary responsibility, access to sewer
and water systems, cash handling, and confidential positions.
Applicants for employment to these categories of positions shall be required to provide
the necessary personal and public data to the City to accurately retrieve criminal history
and background data. This information and the results of the background investigation
shall be kept confidential to the extent required by the Minnesota Data Practices Act.
Only those with the need to know shall be allowed access to private and/or confidential
data.
City Council Meeting 07-22-02
Before an investigation is undertaken, the applicant must authorize the City, in writing, to
undertake the investigation and to release the information to authorized agents of the
City. Except in the case of exceptions set forth in Minnesota Statutes Section 364.09, no
person shall be disqualified from public employment solely, or in part because of a prior
conviction, unless the crime or crimes for which convicted directly relate to the position
of employment sought. In determining if a conviction relates to the position for which
employment is sought, the City will consider the following:
a. The nature and seriousness of the crime or crimes for which the individual was
convicted;
b. The relationship of the crime or crimes to the purpose of regulating the position sought;
a The relationship of the crime or crimes to the ability, capacity, and fitness required to
perform the duties and discharge the responsibilities of the position of employment or
occupation;
d. Competent evidence of sufficient rehabilitation and present fitness to perform the duties
of the position sought as provided by the applicant;
e. Competent evidence of mitigating circumstances and social conditions surrounding the
crime or crimes, age of the person at the time the crime or crimes were committed and the
length oftime elapsed since the crime or crimes were committed.
In addition, a drivers license check shall be conducted by the Maplewood Police
Department for all positions (paid or volunteer) which require driving as a regular part of
the job (defined as more than once per month on average) or that involves driving a City
vehicle and for positions paid a car allowance.
Section 2-10 . Effective Date. This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
5. Final Plat-Towns of New Century Second Addition (New Century Boulevard and New
Century Lane)
Approved the final plat for the Towns of New Century Second Addition. This approval
is subject to the county recording the deeds, deed restrictions and covenants required by
the city.
6. Conditional Use Permit Review-Goodrich Golf Course Club House (1820 Van Dyke
Street)
Approved to review the conditional use permit for Goodrich Golf Course clubhouse at
1820 Van Dyke Street again in one year.
H. PUBLIC HEARINGS
1. 7:00 p.m Home Occupation License-Eckhoff Photography (2443 Montana Avenue East)
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
a Commissioner Trippler presented the Planning Commission report.
City Council Meeting 07-22-02
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Ms. Karla Eckhoff, 2442 Montana Avenue, Maplewood, applicant
e. Mayor Cardinal closed the public hearing.
Councilmember Juenemann moved to approve the home occupation license for Ms. Karla
Eckhoff of 2443 Montana Avenue to conduct a portrait photography business from her home.
This approval shall be based upon the following conditions:
1. Meeting all conditions of the city's home occupation ordinance. This includes that the
area of the home occupation is limited in size to 20 percent of the floor area of the house.
2. Customer hours for this home occupation are limited from 9 a.m. to 4 p.m., Monday
through Saturday.
3. There shall be no more than 20 customers visiting the home per week.
4. All customers or visitors to the business shall park on the driveway.
Seconded by Councilmember Koppen Ayes-All
2. 7:15 p.m. Phosphorus Free Fertilizer Ordinance Amendment (Second Reading)
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Dale Trippler, 1201 Junction Avenue, Maplewood
d. Mayor Cardinal closed the public hearing.
Councilmember Wasiluk moved to adopt the following phosphorus ordinance and change the
sale restriction date to 07-01-03:
ORDINANCE NO. 828
AN ORDINANCE AMENDING THE MAPLEWOOD CITY CODE
LICENSING COMMERCIAL LAWN FERTILIZER APPLICATORS
AND REGULATING THE USE OF FERTILIZER
THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS:
SECTION 1. City of Maplewood Code is amended by adding Chapter 17.7 to provide:
COMMERCIAL FERTILIZER APPLICATION
17-7-1: STATEMENT OF PURPOSE: The City has conducted studies and reviewed existing
City Council Meeting 07-22-02
data and literature to determine the current and projected water quality of various lakes, ponds,
and wetlands within the community. Water quality maybe improved if the amount of
phosphorus from fertilizer and vegetative sources entering water bodies through the storm
drainage system as well as overland runoff is reduced. The purpose of this section is to maintain
and promote the improvement of lake, pond and wetland resources that the residents of
Maplewood and other users enjoy.
17-7-2: DEFINITIONS: For purposes of this section, the following terms shall be defined as
stated:
COMMERCIAL APPLICATOR: A person who is engaged in the business of applying fertilizer
for hire.
FERTILIZER: A substance containing one or more recognized plant nutrients that is used for its
plant nutrient content and designed for use of or claimed to have value in promoting plant
growth. Fertilizer does not include animal and vegetable manures that are not manipulated,
marl, lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of
Agriculture.
17-7-3: LICENSE REQUIRED: No commercial applicator shall apply fertilizer without first
obtaining a license from the City as provided herein.
17-7-4: SALE OF FERTILIZER CONTAINING PHOSPHORUS. Effective August 1, 2003, no
person, firm, corporation, franchise, or commercial establishment shall sell any lawn fertilizer,
liquid or granular, within the City of Maplewood that contains any amount of phosphorus.
17-7-5: LICENSE APPLICATION: All applications for a license required under this section
shall be made on a form furnished by the City and submitted to the City, together with the
licensing fee established by the City Council.
17-7-6: CONDITIONS OF LICENSE: The licensee shall comply with the following
requirements:
a. Random Sampling: During the term of the license, the licensee shall permit the City to
obtain a sample of any fertilizer to be applied within the City.
b. Possession of License: The license, or a copy thereof, shall be in the possession of the
licensee or its employees or agents when they are applying fertilizer in the City.
c. Timing of Application: No fertilizer application shall be made when the ground is frozen
and not between November 15 through April 1 of the succeeding year.
d. Impervious Surfaces: The licensee, or any employee or agent thereof, shall not apply, spill,
or otherwise deposit fertilizer on impervious surfaces. Any fertilizer applied, spilled, or
deposited, either intentionally or accidentally, on impervious surfaces shall be immediately and
completely removed by the licensee before leaving the site.
e. Buffer Zones: No fertilizer shall be applied within established wetland buffer zones as
outlined in City Ordinance 9-196, or within 25 feet of the edge of any wetland, pond, or lake.
City Council Meeting 07-22-02
£ Fertilizer Content and Application Rate: No fertilizer shall be applied to turf in the City that
contains any amount of phosphorus or other compounds containing phosphorus, such as
phosphate. The provisions of this paragraph about fertilizer content shall not apply to:
1. Newly established turf areas for the turf's first growing season; or
2. In turf areas that soil tests confirm are below phosphorus levels established by the
University of Minnesota Extension Service. The lawn fertilizer application shall not contain an
amount of phosphorus exceeding the amount of phosphorus and the appropriate application rate
recommended in the soil test evaluation.
3. Record keeping: The licensee shall be responsible for maintaining a record of the pounds
of phosphate, expressed as P205 per 1,000 square feet of land, applied to each site by the
licensee during the year, and a record of the soil test confirming the need for phosphorus.
17-7-7: RESPONSIBILITY OF LICENSEE: The conduct of agents or employees of a licensee,
while engaged in the performance of their duties for the licensee under the license, shall be
deemed the conduct of the licensee.
17-7-8: NON-COMPLIANCE: Failure to comply with any requirement set forth in the Chapter
shall constitute sufficient cause for the revocation of the license by the City Council following a
public hearing.
17-7-9: DURATION AND TRANSFERABILITY OF LICENSE: The license issued hereunder
is effective for the period of January 1 to the following December 31 and must be renewed
annually by the licensee. The city shall not prorate any license fee. A license issued hereunder
is not transferable and any change in ownership of the licensed business shall terminate the
license.
17-7-10: REVIEW: If statutory provisions are adopted subsequent to the adoption of this
Chapter that address phosphorus levels in fertilizer, the City Council shall review this Chapter
for possible revisions or repeal.
17-7-11: ENFORCEMENT: For the first twelve (12) months following the effective date of this
Chapter no penalty shall attach to a violation. Thereafter, a violation shall be a misdemeanor
punishable in accordance with law.
SECTION 2: Maplewood City Code is amended by adding Division 5, Chapters 9-200 to 9-205
to provide:
DIVISION 5
LAWN FERTILIZER
9-200: STATEMENT OF PURPOSE: The City has conducted studies and reviewed existing
data and literature to determined the current and projected water quality of various lakes, ponds,
and wetlands within the community. Water quality maybe improved if the amount of
phosphorus from fertilizer and vegetative sources entering water bodies through the storm
drainage system as well as overland runoff is reduced. The purpose of this section is to maintain
and promote the improvement of lake, pond and wetland resources that the residents of
City Council Meeting 07-22-02
Maplewood and other users enjoy.
9-201: DEFINITIONS: For purposes of this section, the following terms shall be defined as
stated:
FERTILIZER: A substance containing one or more recognized plant nutrients that is used for its
plant nutrient content and designed for use of or claimed to have value in promoting plant
growth. Fertilizer does not include animal and vegetable manures that are not manipulated,
marl, lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of
Agriculture.
9-202: SALE OF FERTILIZER CONTAINING PHOSPHORUS. Effective August 1,
2003, no person, firm, corporation, franchise, or commercial establishment shall sell any
lawn fertilizer, liquid or granular, within the City of Maplewood that contains any amount
of phosphorus.
9-203: RESTRICTIONS ON APPLICATION AND USE: The application and use of lawn
fertilizer is subject to the following restrictions:
a. Timing of Application: No fertilizer application shall be made when the ground is frozen and not
between November 15 through April 1 of the succeeding year.
b. Impervious Surfaces: Fertilizer shall not be applied, spilled, or otherwise deposited on
impervious surfaces. Any fertilizer applied, spilled, or deposited, either intentionally or
accidentally, on impervious surfaces shall be immediately and completely removed.
c. Buffer Zones: No fertilizer shall be applied within established wetland buffer zones as
outlined in City Ordinance 9-196, or within 25 feet of the edge of any wetland, pond, or lake.
d. Fertilizer Content and Application Rate: No fertilizer shall be applied to turf within the City
that contains any amount of phosphorus or other compounds containing phosphorus, such as
phosphate. The provisions of this paragraph regarding fertilizer content shall not apply to:
1. Newly established turf areas for the turf's first growing season; or
2. On turf areas which soil tests confirm area below phosphorus levels established by the
University of Minnesota Extension Service. The lawn fertilizer application shall not contain an
amount of phosphorus exceeding the amount of phosphorus and the appropriate application rate
recommended in the soil test evaluation.
9-204: NOTICE REQUIREMENT: Retail businesses in Maplewood selling fertilizer shall post
a notice in a conspicuous location near the fertilizer notifying customers of the limitation on the
use of fertilizer containing phosphorus in Maplewood as outlined in this Chapter.
9-205: REVIEW: If statutory provisions are adopted subsequent to the adoption of this Chapter
that address phosphorus levels in fertilizer, the City Council shall review this Chapter for
possible revisions or repeal.
9-206: VIOLATIONS: For the first twelve (12) months following the effective date of this
Chapter no penalty shall attach to its violation. Thereafter, a person violating any provision of
this Chapter shall be guilty of a petty misdemeanor and upon conviction shall be subject to the
City Council Meeting 07-22-02
penalties imposed by Minnesota Statutes for petty misdemeanor offenses.
SECTION 3: This ordinance shall go into effect six months after the City Council passes it.
The sale restriction shall go into effect August 1, 2003.
Seconded by Mayor Cardinal
I. AWARD OF BIDS
Ayes-All
1. T.H. 61/County Road D Water Main (Hillcrest Animal Clinic), Project 01-28:
Resolution Awarding Bid
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Juenemann moved to adopt the following resolution accepting the bids and
award a construction contract to U. S. Boring. Inc. in the amount of $68.740 for the Hillcrest
Animal Hospital Water Main Improvement
Seconded by Councilmember Wasiluk Ayes-All
J. UNFINISHED BUSINESS
1. Adult Uses and Sexually Oriented Business-Code Amendment
a. City Manager Fursman presented the staff report.
b. City Clerk Guilfoile presented specifics from the report.
Councilmember Collins moved to extend the moratorium for 90 days to research zoning
restrictions for the Adult Uses and Sexually-Oriented Business Ordinance, and for further
research.
Seconded by Councilmember Koppen Ayes-All
2. Fireworks Ordinance--Second Reading
a. City Manager Fursman presented the staff report.
b. Chief Lukin presented specifics from the report.
Councilmember Collins moved to adopt the following Firework's ordinance to aid in the safety
and welfare of the residents of Maplewood:
City Council Meeting 07-22-02
ORDINANCE NO. 829
AN ORDINANCE REGULATING THE SALE, USE AND POSSESSION OF
FIREWORKS WITHIN THE CITY OF MAPLEWOOD.
Section 1. Purpose.
It is the purpose of this ordinance to govern the possession, use, sale, storage, exportation and
display of fireworks in the City of Maplewood.
Section 2. Definitions.
"Fire Chief' is the Chief of the Maplewood Fire Department.
"Display Distributor" means any person, firm or corporation selling special fireworks.
"Distributor" means any person, firm or corporation sellingfireworks to wholesalers and retailers
for resale.
"Law Enforcement Officers or Code Enforcement Officers" are individuals authorized to enforce
the laws or ordinances of the City of Maplewood.
"Legal Fireworks" means wire or wood sparklers of not more than 100 grams of mixture per item,
other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical
mixture per tube or atotal of 200 grams or less for multiple tubes, snakes and glow worms, smoke
devices, or trick noisemakers which include paper streamers, party poppers, string poppers,
snappers, and drop pops, each consisting ofnotmore than twenty-five hundreths grains of explosive
mixture.
"Manufacturer" means any person, firm, corporation or partnership engaged in the manufacture of
fireworks.
`Retailer" means any person, firm, corporation or partnership purchasing fireworks for resale to
consumers.
Section 3. Legal Fireworks
Subd. 1. Legal fireworks for sale to the general public as that term is used in the Maplewood
Fireworks Ordinance shall be understood to mean fireworks legal for sale and use in Minnesota under the
provisions of Minnesota Statute Section 624.20.
Subd. 2. No individual, firm, partnership, corporation or association shall possess for retail sale
in the City of Maplewood, sell or offer for sale at retail or use or possess any fireworks other than legal
fireworks.
Section 4. Permit Required
Subd. 1. No person may sell, hold for sale, import, distribute or offer for sale, as speciality
retailer, or retailer any fireworks in the City of Maplewood unless such person has first obtained the
appropriate permit.
City Council Meeting 07-22-02 10
Subd. 2. The Fire Chief, Law Enforcement Officer and Code Enforcement Officer shall
enforce the Maplewood Fireworks Ordinance. All permit applications shall be submitted to the office ofthe
City Clerk. All retailers shall be required to purchase a retail fireworks permit for each retail location.
Subd. 3. Application. The applicationfor apermitunderthe Maplewood Fireworks Ordinance
shall contain the following information: name, address, and telephone number of the applicant, the address
of the location where the legal fireworks will be sold, the type of legal fireworks to be sold, the estimate of
quantity of legal fireworks and a letterfromthe property owner granting permissionto the applicantfor use
of said property.
Subd. 4. An applicantfor apermitunderthe Maplewood Fireworks Ordinance shall paytothe
City of Maplewood the following fees, which shall not be refundable, per location;
1. Retailer Permit .........................$100.00
Subd. 5. Following an inspection ofthe location where the legal fireworks are to be sold, the
City Council shall issue a retailer permit if the conditions for permit approval are satisfied and the location
of the property is zoned either commercial or industrial.
Subd. 6. No retail permit shall be issued for any period oftime in excess of one year, and any
permit may be revoked by the City Council when it shall appear that the permittee has violated any of the
provisions of this Ordinance or has engaged in activities contradictory to the best interest ofthe citizens of
the City. The permit issued shall be non-transferable either to different persons or location.
Section 5. Retail Sales or Storage of Fireworks: Regulated Activities
Subd. 1. The sale of legal fireworks only shall occur wholly within permanent buildings and
permanent structures, as defined by the National Building Code, which shall have been deemed safe and
proper by the appropriate code official(s). It shall be unlawful to sell fireworks within temporary facilities,
motor vehicles, tents orair-supported structures. No fireworks may be sold atretail without aretail permit.
The permit shall posted be at each location where the retail sale takes place and a list of all legal fireworks
sold at the location shall be available upon request.
Subd. 2. Buildings and permanent structures with approved sprinkler systems are limited to the
sale and storage of a total of one hundred (100) pounds net weight or four hundred (400) pounds gross
weight of legal fireworks. Buildings and permanent structures without approved automatic sprinkler
systems are limited to the sale and storage of a total of fifty (50) pounds net weight or two hundred (200)
pounds gross weight of legal fireworks.
Subd. 3. At all places where fireworks are stored, sold or displayed, the works "NO
SMOKING" shall be posted in letters at least four inches in height. Smoking and/or any discharge of any
obj ect that could cause a spark or open flame is prohibited within one-hundred (100) feet of any fireworks
stock.
Subd. 4. No fireworks shall be stored, kept, sold or discharged within fifty feet of any gasoline
pump or gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in
excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only.
City Council Meeting 07-22-02 11
Subd. 5. All fireworks permittees shall keep and maintain upon the premises a fire extinguisher
bearing an Underwriters Laboratories, Inc. rated capacity of at least 5 pound ABC per five hundred square
feet of space used for fireworks sales or storage.
Subd. 6. A sales clerk who is at least sixteen years of age shall be on duty to serve consumers
atthe time of purchase or delivery. Every sales clerk shall distribute with each sale a one page information
sheet from the City containing firework safety guidelines. It shall be the responsibility and expense of the
permittee to obtain a copy ofthe information sheetfrom the City and make the appropriate number of copies
for distribution. All fireworks sold and shipped to consumers within the City shall be sold and shipped only
by an individual firm, partnership or corporation holding the proper permit.
Subd. 7. Any fireworks devices that are readily accessible to handling by consumers or
purchasers in a retail sales location shall have their exposed fuses protected in a manner to protect against
accidental ignition of an item by a spark, cigarette ash or other ignition source. If the fuse is a thread-
wrappedsafety fuse which has been coated with anonflammable coating, only the outside end ofthe safety
fuse shall be covered. If the fuse is not a safety fuse, then the entire fuse shall be covered.
Section 6. Exportation of Fireworks from the City of Maplewood
Subd. 1 Nothing in the Maplewood Fireworks Ordinance shall prohibit wholesalers,
distributors, importers, speciality retailers, or manufacturers from storing, selling, shipping or otherwise
transporting fireworks by the United States Department of Transportation to any person or entity outside the
City.
Section 7. Display and Discharge of Fireworks
Subd. 1. Nothing in the Maplewood Fireworks Ordinance shall prohibit the public display of
fireworks except that any individual, association, partnership, corporation, or organization shall secure a
written permit from the office of the Fire Chief and the fireworks shall be purchased from a distributor or
display distributor licensed by the State Fire Marshal and the Bureau of Alcohol, Tobacco and Firearms at
the United States Department of the Treasury.
Subd. 2. All use, display, or discharge of legal fireworks is strictly prohibited in the area on,
below, above, within, or in close proximity to:
1. recreational areas, roadways, streets, highways, bicycle lanes, pedestrian paths, sidewalks,
rights of way, lakes, rivers, waterways and all other property owned or leased by the City of
Maplewood, County of Ramsey, State of Minnesota and located in whole or in part within
the City limits;
2. private property withinthe City limits thathas conspicuously posted written signs or notices
that no fireworks discharge is allowed;
3. within one hundred fifty (150) feet of any consumer fireworks retail sales facility or storage
area;
4. within, into or at a motor vehicle or from a motor vehicle;
5. at or near any persons or animals;
6. any property, area or structure or material that by its physical condition or the physical
City Council Meeting 07-22-02 12
conditions in which it is set would constitute a fire or personal safety hazard; and
upon order of the Fire Chief in the event of dry conditions within the City limits.
Section 8. Penalty: Criminal
Subd. 1. Any individual, firm, partnership or corporation that violates any provision of the
Maplewood Fireworks Ordinance is guilty of a misdemeanor and upon conviction shall be punished by a
sentence of not more than ninety (90) days or a fine not more than one thousand (1,000) dollars, or both,
maybe imposed.
Section 9. Penalty: Civil
Subd. L If an individual, firm, corporation or partnership is found guilty ofviolating any ofthe
provisions of the Maplewood Fireworks Ordinance, that entity's permit shall be revoked or suspended by
the City Council.
Subd. 2. No individual, firm, corporation or partnership shall possess any fireworks for sale
within the City, other than those authorized in the Maplewood Fireworks Ordinance. The Fire Chief, Law
Enforcement Officer, Code Enforcement Officer, Deputies or designees may at reasonable hours enter and
inspect the permittee's premises, building or permanent structure to determine compliance with the
Maplewood Fireworks Ordinance. If any retailer has in its possession any fireworks in violation of this
Ordinance, his or her permit shall be revoked and all such fireworks seized, and the fireworks in violation of
the Ordinance shall be keptto be used as evidence. If any person has in his or her possession any fireworks
in violation ofthe Ordinance, awarrantmay be issued forthe seizure offireworks and the fireworks shall be
safely keptto be used as evidence. Upon conviction ofthe offender, the fireworks shall be destroyed, but if
the offender is discharged, the legal fireworks shall be returnedto the person in whose possessionthey were
found; provided, however, that nothing in the Maplewood Fireworks Ordinance applies to the transportation
of fireworks by regulated carriers.
Subd. 3. Nothing in the Maplewood Fireworks Ordinance shall apply to or prohibit any
employees of the Department of Natural Resources or the United States Fish and Wildlife Services from
possessing fireworks for control of game birds and animals or to prohibit any Law Enforcement Officer
from possessing fireworks in the performance of his or her duties or to prohibit any organization therein
from sponsoring and conducting with connection with any public celebration, an officially supervised and
controlled fireworks display.
Section 10. Severability
Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any
court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or of any
part thereof, other than the part held to be invalid.
Section 12. Effective Date.
This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Juenemann Ayes-All
City Council Meeting 07-22-02 13
K. NEW BUSINESS
1. Markham Pond Outlet, Project 02-02: Resolution Approving Plans, Authorizing Receipt of
Bids, Ordering preparation of Assessment Roll
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to approve the project plans and specifications, authorizing
receipt of bids/quotes and ordering preparation of the assessment roll for the Markham Pond
Outlet Improvements, Project 02-02.
Seconded by Councilmember Collins Ayes-All
2. Parkway Drive Lift Station, Phase 2, Project 02-14: Resolution Ordering Feasibility Study
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Juenemann moved to approve the following resolution ordering the Preparation
of a Feasibility. Project 02-14:
RESOLUTION 02-07-133
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to replace the Parkway Lift Station, Project 02-14 and
reconstruct Larpenteur Avenue from Parkway Drive to Arcade Street and to assess the benefited
property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes,
Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he is
instructed to report to the council with all convenient speed advising the council in a preliminary
way as to whether the proposed improvement is necessary, cost effective and feasible and as to
whether it should best be made as proposed or in connection with some other improvement, and
the estimated cost of the improvement as recommended.
FURTHERMORE, funds in the amount of $20,000 are appropriated to prepare this
feasibility report.
Seconded by Councilmember Koppen Ayes-All
3. County Road D Improvements, Project 01-15: Directing Modification of Existing Construction
Contract (Change order No. 1-Bruentrup Farm Parking Lot)
a. City Manager Fursman presented the staff report.
City Council Meeting 07-22-02 14
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to authorize a change order with the County Road D contractor.
The contractor was expected to be nearing completion of the project during the last weeks of
July, however, a delay caused by the natural gas company, which could not be foreseen, has put
the project 2-3 weeks behind schedule. This allows additional time during these weeks to
finalize the change order, which was not anticipated earlier this month.
Seconded by Councilmember Juenemann Ayes-All
4. Maple Hills Lift Station No. 19, Project 02-04: Resolution Directing Modification of
Existing Construction Contract, Change Order No. 1
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Wasiluk moved to approve the following resolution directing the Modification
of the Existing Construction Contract for the Maple Hills Lift Station Relocation, Project 02-04:
RESOLUTION 02-07-134
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
made Improvement Project 02-04, Maple Hills Lift Station Relocation and has let a
construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 02-04, Change Order No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA thatthe mayor and city clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order No. 1 in the
amount of $9873.50. The revised contract amount is $158,877.50.
The finance director is hereby authorized to make the financial transfers
necessary to implement the financing plan for the project. The project budget is
increased by $13,000, which included the additional construction and related engineering
and administrative costs.
Seconded by Councilmember Juenemann Ayes-All
5. Municipal Legislative Commission (MLC) Board Appointment
a. City Manager Fursman presented the staff report and specifics of the report.
The Council appointed Kathy Juenemann to the MLC Board by the toss of a coin.
6. Centex/Hillcrest Redevelopment
Centex is not prepared as of yet to give a presentation due to staff restructuring.
City Council Meeting 07-22-02 15
L. VISITOR PRESENTATIONS
1. Richard Currie, 1937 West Kenwood Drive, Maplewood--Requested an update on Amy
Peterson, a Maplewood resident and Olympic Skater.
M. COUNCIL PRESENTATIONS
1. Pre-Agenda Workshops-Councilmember Juenemann questioned the purpose of the pre-
agendameetings.
2. Amusement City-Councilmember Koppen clarified that Mayor Cardinal was not the
listing agent for the sale of the Amusement City parcel. He emphasized that proper
procedures for public disclosure needs to be followed stringently.
3. Newspaper-Mayor Cardinal mentioned the article Karl Karlson of the St. Paul Pioneer
Press published on Sunday, July 21 about the rainwater gardens developed by our
engineering department.
4. Website-Mayor Cardinal noted that the Maplewood website had 1148 hits on July 21,
2002.
5. Planning Tour-Councilmember Wasiluk reminded everyone of the City Development
Tour on Monday, July 29~' at 5:30 p.m.
N. ADMINISTRATIVE PRESENTATIONS
1. Bond Rating-City Manager Fursman noted that Maplewood's bond rating by Mood's was
AA2 which is rare, and exceprional for the city.
2. Request to Broadcast-City Manager Fursman stated a request was made by a resident that
the Design Review Board and Parks Commission meetings be cablecast.
3. Special Council Meeting-City Tour, Monday July 29, 2002 at 5:30 p.m.
4. Council Retreat-Tuesday, July 30~', at 12:00 p.m.
5. National Night Out-Councilmember Juenemann reminded everyone of the neighborhood
event on Tuesday, August 6~'.
6. Groundbreaking-There is a groundbreaking for the Washington County Bank on White
Bear Avenue on Wednesday, July 24~' at 10:00 a.m.
O. ADJOURNMENT
Mayor Cardinal moved to adjourn the meeting at 8:35 p.m.
Seconded by Councilmember Koppen Ayes -All
City Council Meeting 07-22-02 16