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HomeMy WebLinkAbout08-25-2003MINUTES MAPLEWOOD CITY COUNCIL 7:01 P.M., Monday, August 25, 2003 Council Chambers, Municipal Building Meeting No. 03-18 A. B. C. D. E. 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 7:01 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 1. Minutes from the City CounciUManager Workshop, August 11, 2003 Councilmember Juenemann moved to approve the CounciUManager Workshop Minutes of Asst 11. 2003 as amended. Seconded by Councilmember Wasiluk Ayes-Mayor Cardinal, Councilmembers Wasiluk, Juenemann, and Collins Abstain-Councilmember Koppen 2. Minutes from the City Council Meeting, August 11, 2003 Councilmember Juenemann moved to approve the City Council Meeting Minutes of August 11. 2003 as amended. Seconded by Councilmember Wasiluk Ayes-Mayor Cardinal, Councilmembers Wasiluk, Juenemann, and Collins Abstain-Councilmember Koppen APPROVAL OF AGENDA M 1. Letter received form Ramsey County IT Department N1. Special Legal Matter Closed Session Councilmember Collins moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes-All City Council Meeting 08-25-03 F. APPOINTMENTS/PRESENTATIONS None G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE $641,154.20 Checks #61533 thru #61589 dated 8/12/03 thru $1,417,626.80 Disbursements via debits to checking account dated 8/1 thru 8/7/03 $56.94 Checks #61590 thru # dated 8/13/03 thru $325,199.25 Checks #61591 thru #61652 dated 8/19/03 $135,942.00 Disbursements via debits to checking account dated 8/8 thru 8/14/03 $2,519,979.19 Total Accounts Payable PAYROLL $434,386.06 Payroll Checks and Direct Deposits dated 8/15/03 $4,327.00 Payroll Deduction checks #94615 thru #94619 dated 8/15/03 $438,713.06 Total Payroll $2,958,692.25 GRAND TOTAL 2. Holy Redeemer Church -Temporary Gambling Resolution Adopted the following resolution approving the temporary gambling resolution for Holy Redeemer parish to be used on November 2, 2003: RESOLUTION 03-08-158 RESOLUTION APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for the Holy Redeemer Parish, 2555 Hazelwood Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute • 349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control City Council Meeting 08-25-03 Division of the Minnesota Department of Gaming approve said permit as being in compliance with Minnesota Statute • 349.213. NOW, THEREFORE, BE IT FURTHER RESOLVED that this resolution by the City Council of Maplewood, Minnesota be forwarded to the Gambling Control Division for their approval. 3. White Bear Avenue Business Association -Annual Lawful Gambling -The Bird Nightclub Adopted the following resolution approving the annual lawful gambling license for The Bird Night Club at 3035 White Bear Avenue: RESOLUTION 03-08-159 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the White Bear Avenue Business Association, to operate at the same at The Bird Night Club, 3035 White Bear Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 4. Nature Center Donation Accepted the $30.00 donation for the Maplewood Nature Center and Neighborhood Preserves. 5. Maplewood Drive/Keller Parkway Improvements, Project 03-02: Resolution Directing Modification of the Existing Construction Contract, Change Order No. 1 Adopted the following resolution directing the Modification of the Existing Construction Contract for the Maplewood Drive/Keller Parkway Resurfacing, City Project 03-02: RESOLUTION 03-08-160 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-02, Maplewood Drive/Keller Parkway Resurfacing, 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 03-02, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing City Council Meeting 08-25-03 contract by executing said Change Order No. 1 in the amount of $10,339.76. The revised contract amount is $112,704.40. No revisions to the project budget are required at this time, as these changes fall within the original project budget. 6. Kennard/Frost Area Street Improvements, Project 02-10: Resolution Directing Modification of the Existing Construction Contract, Change Order No. 3 Adopted the following resolution directing the Modification of the Existing Construction Contract for the Kennard/Frost Area Street Improvement Project, City Project 02-10: RESOLUTION 03-08-161 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-10, Kennard/Frost Area Street Improvements 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 02-10, Change Order No. 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 3 in the amount of $16,082.99. The revised contract amount is $2,236,610.57 No revisions to the project budget are required at this time, as these changes fall within the original project budget. Employee Insurance Contracts Adopted the changes to the Insurance Providers to be effective October 1, 2003. 8. Annual Maplewood Historical Society Payment Approved the annual $2000.00 payment to the Maplewood Historical Society. 9. Closure of Dispatching Center Project Fund Approved a transfer of $45,003.01 to the debt service fund for the equipment certificates and authorized the appropriate budget changes to close the Dispatching Center Project fund. Councilmember Juenemann moved to approve the consent agenda items 1, 2 and 4-9 as presented. Seconded by Councilmember Wasiluk Ayes-All Councilmember Juenemann moved to approve the consent agenda item 3 as presented. City Council Meeting 08-25-03 Seconded by Councilmember Wasiluk Ayes-Mayor Cardinal, Councilmembers Wasiluk, Juenemann, and Collins Abstain-Councilmember Koppen H. PUBLIC HEARINGS 1. 7:09 p.m. Kennard Street (Beam to County Road D), Project 03-04: Continuation of Assessment Hearing a. City Manager Fursman presented the staff report. b. City Engineer Cavett presented specifics from the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to adopt the following resolution to continue the Assessment Hearing for the Kennard Street Improvements (Beam to County Road D). Cit,~ Project 03-04, to 8:15 p. m. on September 8, 2003: RESOLUTION 03-08-162 CONTINUING ASSESSMENT HEARING WHEREAS, a resolution of the city council adopted the 14th day of July 2003, fixed a date for an assessment hearing on the proposed street improvements for Kennard Street (Beam to County Road D), City Project 03-04; AND WHEREAS, fourteen days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly scheduled to be held on August 25, 2003, AND WHEREAS, the city engineer has reported that the project assessments are not ready to be heard by the city council, AND WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the Kennard Street Improvements (County Road D to Beam Ave.), City Project 03- 04, and the said assessment is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The Assessment Hearing shall be continued to the 8th day of September 2003, at the city hall at 8:15 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. City Council Meeting 08-25-03 Seconded by Councilmember Koppen I. AWARD OF BIDS Ayes-All 1. Hazelwood Street Improvements (County Road C to Beam Avenue), Project 01-16: Resolution Approving Award of Bids a. City Manager Fursman presented the staff report. b. City Engineer Cavett presented specifics from the report. Councilmember Koppen moved to adopt the following resolution awarding the bid for Hazelwood Street Improvements to Park Construction Company in the amount of $672,408.95: RESOLUTION 03-08-163 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT WHEREAS, pursuant to resolution passed by the city council on July 14, 2003, plans and specifications for the Hazelwood Street Improvements, Project 01-16, have been approved, and WHEREAS, pursuant to resolution passed by the city council on July 14, 2003, bids were received and publicly opened and read aloud on August 20, 2003, as follows: 1. Park Construction Company $672,408.95 2. Forest Lake Contracting $673,521.00 3. F.M. Frattalone Excavating & Grading $735,000.00 4. Thomas and Sons, Inc. $843,352.85 5. Palda and Sons, Inc.. $884,897.60 6. Jay Bros., Inc. $1,095,206.45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Said bids as opened on August 20, 2003 are hereby received and acknowledged. 2. A construction contract in the amount of $672,408.95 is hereby awarded to the lowest responsible bidder, Park Construction Company, and the mayor and city manager are hereby authorized to execute said construction contract. 3. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan. Seconded by Councilmember Juenemann Ayes-All H. PUBLIC HEARING CONTINUED 2. 7:17 p.m. Hmong American Alliance Church (2515 Maplewood Drive) a. Comprehensive Plan Amendment (M-1 to C (church)) (4 votes) b. Conditional Use Permit c. Design Approval City Council Meeting 08-25-03 a. City Manager Fursman presented the staff report. b. Associate Planner Finwall presented specifics from the report. o. Commissioner Desai presented the Planning Commission Report. d. Boardmember Shankar presented the Community Design Review Board Report. e. The following persons were heard: J. Kou Vang, representing the Hmong American Alliance Church Brian Houwman, architect for the project Robert Dew, Dew Corporation, construction consultant for the project f Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Todd Muellner, 2515 Maplewood Drive, property owner Mike Trenda, 2474 Adele Street, Maplewood Mike Smith, 2487 Cypress, Maplewood J. Kou Vang, second appearance Councilmember Wasiluk asked to have placed on the public record that she totally disagrees and does not think it right that Mayor Cardinal should abstain from voting on this project due to his residence being located within 150 feet from the property. g. Mayor Cardinal closed the public hearing. Councilmember Collins moved to deny the resolution approving the comprehensive land use map amendment for The Hmong American Alliance Church at 2515 Maplewood Drive North. Seconded by Councilmember Koppen Ayes-Councilmember Koppen Nays-Councilmembers Collins, Wasiluk and Juenemann Abstain-Mayor Cardinal Councilmember Collins moved to extend this item until the September 22nd meeting and in the interim staff and Mr. Vang can discuss whether this project should move forward. Seconded by Councilmember Wasiluk Ayes-Councilmembers Collins, Wasiluk and Juenemann Nays-Councilmember Koppen Abstain-Mayor Cardinal A five-minute break was taken 3. 8:41 p.m. Atlantic Street Water Main Improvement, Project 03-16 a. City Manager Fursman presented the staff report. b. City Engineer Cavett presented specifics from the report. City Council Meeting 08-25-03 c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to adopt the following resolution ordering the improvement of the Atlantic Street Water Main. Proiect 03-16: RESOLUTION 03-08-164 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 11th day of August, 2003, fixed a date for a council hearing on the proposed street improvements for the Atlantic Street Water Main, City Project 03-16, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on August 25, 2003, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Atlantic Street, City Project 03-16. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of August 2003. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $59,450 shall be established. The proposed financing plans is as follows: Assessments $59,450 City General Tax Levy $0 Total $59,450 Seconded by Councilmember Koppen Ayes-All 4. 7:45 p.m. Legacy Village-Announce Hearing Re-scheduled to September 8, 2003 a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Koppen moved to reschedule the Public Hearing for Legacy Village on City Council Meeting 08-25-03 September 8, 2003: Seconded by Councilmember Wasiluk Ayes-Mayor Cardinal, Councilmembers Collins, Koppen and Juenemann Councilmember Wasiluk was away from the dial when the vote was called. J. UNFINISHED BUSINESS 1. Environmental Utility Fund - a. Ordinance - 2°d Reading b. Resolution Establishing Fee and BMP Credit Administration a. City Manager Fursman presented the staff report. b. City Engineer Cavett presented specifics from the report. c. Andrew Lambertson, consultant for the city Councilmember Collins moved to aRprove the second reading of the following ordinance 839 establishing the Utility ORDINANCE NO. 839 AN ORDINANCE ESTABLISHING THE CITY'S STORM WATER SYSTEM AS A PUBLIC ENVIRONMENTAL UTILITY Section 1. Findings and purposes. The purpose of this ordinance is for the efficient, economic and safe operation of the storm water system for the protection of the health, safety and general welfare of the public within the City. Section 2. Establishment. The City's storm water system shall be operated as a public utility (hereinafter called the "Environrental Utility"), pursuant to Minnesota Statute Section 444.075, from which revenues will be derived subject to the provisions of this Section and State law. The Environrental Utility will be part of the Public Works Department and under the administration of the Public Works Director. Section 3. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Utility Factor means the ratio of runoffvolume, in inches, for a particular land use to the runoff volume, in inches, for an average single-family residential, assuming a 2-inch rainfall and Natural Resources Conservation Services ("NRCS") "Type B" soil conditions. Environmental Utility Fee means the annual charge developed for each parcel of land. Monthly Environmental Uti&ty Revenue means the estimated monthly expenditures by the city for planning and inventories, capital expenditures, personnel and equipment and operation of the environrnental utility, in accordance with established city policy. City Council Meeting 08-25-03 Section 4. Environrental Utility Factors. Subd. 1. The Environmental Utility Fee shall be determined by first determining the percentage of total runoff in the city which is attributed to Single Family Residential Property. The fee per acre for Single Family Residential is computed by computing the product of the runoff percentage and the Monthly Environrental Utility Revenue, divided by the estimated total acres of Single Family Residential land use in the city. The per acre fee for all other individual parcels shall be defined as the product of the Single Family Residential per acre fee, the appropriate utility factor and the total acreage of the parcel. Single Family Residential parcels shall be assessed on a per household basis. Subd. 2. The utility factors for various land uses are as follows: Classification Land Use Utility Factor 1 Residential 1.00 2 Multi-Family 2.72 3 Apartments/Condominiums, Townhouses 2.72 4 Commercial 4.23 5 Industrial 3.30 6 Public/Quasi Public 3.30 7 Parks/Open Space/Cemeteries Exempt 8 Road Right-of-Way Exempt 9 Lake/Streams/Wetlands Exempt 10 Vacant Exempt Section 5. Credits. The Council may adopt policies, by resolution, for adjustment of the Environrental Utility Fees for parcels based upon hydrologic data to be supplied by property owners, which data demonstrates a hydrologic response substantially different from the standards. Such adjustments of Fees shall not be retroactive. Credits will be reviewed regularly by a city staff committee with a recommendation to the Council for final action. Section 6. Exemptions. The following land uses are exempt from the Environrental Utility Fee: (a) Public Right-of--Way (b) Lakes (c) Wetlands (d) City Property Section 7. Payment of Fee. Environrental Utility Fees shall be invoiced every month with water and sanitary sewer bills. The fee shall be due and payable the same terms as water and sanitary sewer utility bills. Any prepayment or overpayment of charges shall be retained by the city and applied against subsequent fees. Section 8. Appeal of Fee. City Council Meeting 08-25-03 10 If a property owner or person responsible for paying the Environmental Utility Fee believes that a particular assigned fee is incorrect, such a person may request that the fee be recomputed. Section 9. Penalty for Late Payment. Each billing for Environrental Utility Fees not paid when due shall incur a penalty charge of ten (10) percent of the amount past due. Section 10. Certification of Past Due Fees on Taxes. If any three (3) consecutive Environmental Utility Fees have not been paid when due, then a penalty as set forth on Section 9 of this ordinance shall be added to the amount due. Any such past due fees may then be certified to the County Auditor for collection with real estate taxes on the following year pursuant to Minnesota Statutes Section 444.075, Subdivision 3. In addition, the city shall also have the right to bring a civil action or to take other legal remedies to collect unpaid fees. Section 11. 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 any part thereof, other than the part held to be invalid. Section 12. Effective Date. Seconded by Councilmember Juenemann Ayes-All Councilmember Collins moved to approve the resolution establishing the fee and BMP credits: RESOLUTION 03-08-165 ENVIRONMENTAL UTILITY FUND POLICY STATEMENTS WHEREAS, On August 25, 2003, the Maplewood City Council approved the second reading of an ordinance which creates an Environmental Utility Fund for the purpose of surface water management consistent with M.S. 444.075 Subd. 1 and 3, and WHEREAS, All properties within the City of Maplewood shall contribute to the Environmental Utility in an amount proportional to the runoff contributed by each particular parcel, and, WHEREAS, all streets and highway rights of way, lakes, wetlands and parklands shall be exempt from all Environmental Utility Fund charges, and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, that the following shall be the guiding policies and principles for the operation of the Environmental Utility Fund: Land Use -Land use for determining utility fees shall be the existing land use at the date of enactment of the Environmental Utility Ordinance. As land develops or redevelops, the fees will City Council Meeting 08-25-03 11 be recomputed based on the revised land use. 2. Soils -Natural Resources Conservation Services (MRCS) - Type B soils shall be assumed for determining the runoff index (CN) in the revenue equation. Rainfall (P) - A 2-inch rainfall shall be used in the revenue equation. Runoff indices (CN) -The runoff indices for the property classifications are as follows: Classification Land Use Runoff Index (CN) 1 Residential 72 2 Multi-Family 85 3 Apartments/Condominiums, Townhouses 85 4 Commercial 92 5 Industrial 88 6 Public/Quasi Public 88 7 Parks/Open Space/Cemeteries Exempt 8 Road Right-of--Way Exempt 9 Lake/Streams/Wetlands Exempt 10 Vacant Exempt 3. Revenue Equation -The revenue equation for computing the runoff volume (~ shall be based on the runoff equation in the Soil Conservation Service (SCS) National Engineering Handbook Section 4 -Hydrology. The equation is as follows: Q = (P-0.2S) x (P-0.2S~ where S = (1000/CN) - 10 P + 0.8S and P = 2 inches 4. Credits a. The Public Works Director shall administer a system of credits as defined below. It shall be the responsibility of the property owner to provide justification for the fee adjustment. i. Storm Water Retention - If it can be demonstrated that an individual parcel retains all or a portion of the rainfall that it receives, the environmental utility fee shall be reduced by a percentage equal to that percent of the parcel which produces no external runoff. A fee reduction of 20 percent or greater must be demonstrated if the credit is to be applied. ii. Low Income - A portion of the utility fee maybe waived for any property owner with income that is demonstrated to be below the Ramsey County general assistance level. This credit shall not exceed 50 percent of the total fee. iii. Property Under-utilization - If it can be demonstrated that a parcel's existing land use is developed to a lower density than assumed in the fee determination, and that no downstream improvements have been constructed based on potential development of the parcel, a proportional reduction of the fee shall be administered. iv. Water quality factor - If it can be demonstrated that the parcel has facilities constructed specifically for the purpose of water quality enhancement, a credit will be considered. The credit should be based on the removal efficiency of the facility. The property owner should provide the calculations demonstrating the City Council Meeting 08-25-03 12 phosphorus removal efficiency of the facility. The credit will be equal to 60 percent of the phosphorus reduction percentage. A fee reduction of 20 percent or greater must be demonstrated if the credit is to be applied. b. Credits must be applied for by December 15~' of the year preceding the year in which the credit is to be considered. c. A property owner may appeal to the City Council regarding a determination of the credit once per calendar year. d. The Public Works Director shall establish and utilize a credit application form for consideration of fee reduction. It is the responsibility of the property owner to apply for the credit. Adjustment of Fees a. Revision of Environmental Revenue -The estimated expenditures for the management of the environmental utility shall be revised at a frequency as determined and reviewed annually by the City Manager and reported to the City Council. b. Fees shall be adjusted according to established Maplewood procedures for the adjustment of utility rates. a The fee for 2003 and 2004 is set at $1.75 per residential unit. 6. Change in Developed Condition of Parcel a. In the case of residential property, the revised utility rate will take effect immediately following occupancy of the dwelling. b. In the case of other development, the revised utility rate will be applied as soon as drainage/water quality features are developed. Seconded by Councilmember Koppen Ayes-All 2. Consider Sewer Backup Claim at 1880 Maryknoll Avenue a. City Manager Fursman presented the staff report. b. City Attorney Kelly presented specifics from the report. Councilmember Collins moved to refer this item to the city attorney and city engineer's office. Seconded by Mayor Cardinal Ed Kivel, 1880 Maryknoll Avenue, Maplewood, provided a short explanation of his situation Ayes-All 3. Proposed R-1 (R) Zoning District Code Amendment (Second Reading) a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Juenemann moved to adopt the following Ordinance 840, which adds a rural residential (R-1 (R~) zoning district (with atwo-acre minimum lot size ORDINANCE NO. 840 City Council Meeting 08-25-03 13 AN ORDINANCE CREATING THE R-1R (RURAL SINGLE-DWELLING RESIDENCE) ZONING DISTRICT THE MAPLEWOOD CITY COUNCIL approves the following changes to the Maplewood Code of Ordinances: (Deletions are crossed out and additions are underlined.) Section 1. This section changes Section 44-9 as follows: Section 44-9. Zoning districts. The city is hereby divided into the following zoning districts: F, Farm Residence District. R-1, Residence District (Single Dwelling). R-1R. Rural Single-Dwelling District. R-1S, Small-Lot Single-Dwelling District. R-2, Residence District (Double Dwelling). R-3, Residence District (Multiple Dwelling). R-E, Residence Estate District. NC, Neighborhood Commercial District. CO, Commercial Office District. BC, Business and Commercial District. LBC, Limited Business Commercial District. BC(M) Business Commercial Modified District. SC, Shopping Center District. M-1, Light Manufacturing District. M-2, Heavy Manufacturing District. Section 2. This section adds new Sections 44-ll7 through Section 44-150 as follows: K. DIVISION 3.5 R-1(R) RURAL SINGLE-DWELLING DISTRICT Sec. 44-117. Intent. Maplewood intends to protect and enhance the character of areas of the city that, because of topography or other factors, do not have, nor does the city expect to have, municipal sanitary sewer or water service. To allow for and to protect a very low density, semi-rural, residential life style, the city creates the R-1R zoning district. This zoning district is for the areas of Maplewood that are not suitable for suburban or tract development because of topography, vegetation or other factors that make the installation of municipal sanitary sewer unlikely. The city finds the most suitable use of these areas is single dwellings on large lots. Such low-density residential development will lessen grading and soil erosion and will helmsprotect ground water, vegetation and wooded areas. The lots and parcels in the R-1R zoning district are generally much larger than those in the R-1 (single dwelling) district and those with municipal sanitary sewer and water. Sec. 44-118. Uses. The City shall only allow the following uses: City Council Meeting 08-25-03 14 ~ Permitted uses: Anypermitted use in the R-1 District, subject to its regulations. b~ Conditional uses. The City may permit the following by conditional use permit: Any use allowed by conditional use permit in the R-1 (single dwelling) District. Commercial farming or gardening, including the use or storage of associated equipment, when on a property with a single dwelling. Stands for the sale of agricultural products grown or produced on the property. Metal storage buildings, commonly known as pole barns or agri-buildings, subject to the applicable size and height requirements. ~ Prohibited uses. The cityprohibits the following uses in the R-1(R) zoning district: Accessory buildings without an associated single dwelling on the same property. Reserved. Sec. 44-119. Height of buildings. The maximum height of asingle-family dwelling shall be thirt, -f~(35) feet. Sec. 44-120. Lot dimensions, lot area and width requirements. ~ No person shall build a single dwelling on a site less than eighty seven thousand one hundred twenty (87,120) square feet (2 gores) in area; and b~ Each lot or parcel shall have enough area or usable space for a house, driveway, well and an individual sewage treatments,, s~(ISTS), including two drainfields. (c) No person shall build a single dwelling on a lot with less than one hundred twenty (120) feet of width at the front building setback line. (d) Each interior lot or parcel shall have at least sixty~60) feet of frontage on an improved public street. (e) Each corner lot or parcel shall have at least one hundred (100) feet of frontage on each of the public streets. Sec. 44-121. Front yards. ~ Each dwelling and any accessory structure(s) shall have a front yard setback of at least fifty (50) feet. Except that: If each of the lots neat to an interior lot has a dwelling, the minimum setback shall be the setback of the adjacent dwelling closest to the street. The maximum setback shall be the setback of the adjacent dwelling farthest from the street. City Council Meeting 08-25-03 15 If subsection (a~(1) above does not apply and there is a predominant setback. a dwelling shall be no further forward and no more than five feet to the rear of the predominant setback. Regardless of the above, if the city council has approved special setbacks for a development, those setbacks shall apply. Cit~pproval of a preliminary~lat with building pads does not constitute approval of special setbacks. Regardless of the above, homeowners may add onto their homes using the existing setback. b~ The director of community development may allow a different front yard setback if the proposed setback would not adversely affect the drainage of surroundingproperties and if any of the following conditions apply: The proposed setback would not affect the privacy of adjacent homes. The proposed setback would save significant natural features, as defined in section 9-188. The proposed setback is necessary to meet city, state or federal regulations, such as pipeline setback or noise regulations. The proposed setback is necessary for energy saving, health or safety reasons. Sec. 44-122. Side vards. Each dwelling and any accessory structure(s) shall have side yard setbacks of at least thirty (30) feet from a side property line. The following exceptions to this standard shall apps ~ The side yard on the street side of a corner lot shall have a width of at least fift~(50) feet. b~ When a property owner uses two (2) or more adjoining lots as asingle-building site, the side yard requirements shall apply only to the outside lot lines. ~ Regardless of the above, homeowners may add onto their homes using the existing setback. Sec. 44-123. Rear vards. ~ Single dwellings shall have a rear yard setback of at least twenty (20) percent of the lot depth or a minimum rear setback of fift~(50) feet, whichever is larger. b~ Accessory buildings shall have a rear yard setback of at least thirt~(30) feet. Sec. 44-124. Tower, antenna and flaanole setbacks. Towers, antennas and flagpoles for residential (non-commercial) use in the R-1(R) zoning district shall meetthe same setbacks as accessory buildings in the R-1 (single dwelling) district. Sec. 44-125. Minimum foundation areas; room requirements. ~ The minimum foundation area shall be at least: City Council Meeting 08-25-03 16 A one-story dwelling, nine hundred fifry~950) square feet. A one and one-half story dwelling, seven hundred twent~(720) square feet. A bi-level dwelling, eight hundred sixteen (816) square feet. A tri-level dwelling, seven hundred sixty-five (765) square feet. A two-story dwelling, five hundredtwenty-eight (528) square feet. b~ Room size and number shall be consistent with the standards of the International Residential Code. Sec. 44-126. Building-width requirements. The minimum building width on any side shall be at least twent,~(21) feet. The building width shall not include entr, -ways or other appurtenances that do not run the full depth of the building. Sec. 44-127. Accessory buildings. ~ Section 44-114 (Accessory buildings) in the R-1 District shall apply to the use and height of accessory buildings and garages in the R-1R zoning district. b~ For lots of at least 2 acres in size in the R-1R zoning district, the following size standards shall annly to accessory buildings and gaffes: Detached Buildings Attached Garages Combination of detached (maximum area) (maximum area) buildings and attached (square feet) (square feet) garages (maximum area) 1.400 (earaeesl 1.400 2.800 1,100 (other buildings Section 3. Section 44-128 - 44-150. Reserved. Section 4. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Collins Ayes-All K. NEW BUSINESS 1. Lakewood Drive Trail Improvement (Myrtle to Maryland), Project 03-34: Receive Petition and Authorize Project Investigation a. City Manager Fursman presented the staff report. b. City Engineer Cavett presented specifics from the report. Councilmember Koppen moved to approve the preparation of a study report for the Lakewood Drive Trail Improvements (Maryland to M,j rtle). Project 03-34, and authorize the finance director to transfer $5000 to the proiect fund. Seconded by Councilmember Collins Ayes-All City Counci108-25-03 17 2. Hazelwood Street Improvements (County Road C to Beam Avenue), Project 01-16: Approve Resolutions for: a. Ordering Preparation of Assessment Roll b. Ordering Assessment Hearing for September 22, 2003 a. City Manager Fursman presented the staff report. b. City Engineer Cavett presented specifics from the report. Councilmember Koppen moved to adopt the following resolution for the Hazelwood Street Improvements, Project 01-16-Ordering the Preparation of the Assessment Roll: RESOLUTIONS 03-08-166 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer have received bids for the Hazelwood Street Improvements, City Project 01-16. 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. thereof. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council Seconded by Councilmember Collins Ayes-All Councilmember Koppen moved to adopt the following resolution ordering the Assessment Hearing for 7:00 p.m.. Monday. September 22. 2003: RESOLUTION 03-08-167 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the Hazelwood Street Improvements, City Project 01-16, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 22nd day of September 2003, 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 City Counci108-25-03 18 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 Juenemann Ayes-All 3. County Road D Realignment Improvements, Hazelwood to T.H. 61, Project 02-07: Resolution Authorizing Preparation of Roadway Surcharge and Wetland Mitigation Plans Prior to Public Hearing a. City Manager Fursman presented the staff report. b. City Engineer Cavett presented specifics from the report. Councilmember Koppen moved to adopt the following resolution authorizing preparation of plans and specifications for the Roadway Surcharge and Wetland Mitigations Plans prior to the Public Hearing for the County Road D Realignment Project, City Project 02-07 and directing the finance director to transfer $25.000 to the proiect fund: RESOLUTION 03-08-168 AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AUTHORIZING PROJECT FUNDS WHEREAS, on December 9, 2002, the City Council selected an alignment for County Road D between Hazelwood Street and Trunk Highway 61 (TH 61) and between TH 61 and Highridge Court, City Projects 02-07 and 02-08, respectively, and WHEREAS, pursuant to resolution of the council adopted May 12, 2003, a report has been prepared under the direction of the city engineer with reference to the improvement of County Road D between Hazelwood Street and Trunk Highway 61, City Project 02-07, and County Road D between Trunk Highway 61 and Highridge Court, City Project 02-08 and this report was received by the council on July 22, 2003, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, and WHEREAS, the City Engineer has reported that only Segment #1, County Road D between Hazelwood Street and Trunk Highway 61, City Project 02-07, and Segment #4, County Road D between Hazelwood Street and Southlawn Avenue is prepared for the necessary public hearing portion, and WHEREAS, a public hearing for said Segment #1 and said Segment #4 has been called for 8:30 pm on September 8, 2003, and WHEREAS, the City Engineer has reported on the need to expedite the surcharge operations and wetland mitigation operations in order to meet project schedules. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The city engineer is hereby authorized to begin the preparation of plans and specifications for the roadway surcharge and wetland mitigation portion of Segment #1, County Road D between Hazelwood Street and Trunk Highway 61, City Project 02-07, in accordance with the City Counci108-25-03 19 preliminary report. 2. The finance director is hereby directed to appropriate $25,000 toward the project fund for the purpose of plans preparation. Seconded by Councilmember Juenemann Ayes-All 4. Antique Fire Truck for Sale a. City Manager Fursman presented the staff report. b. Fire Chief Lukin presented specifics from the report. c. Former Mayor George Rossbach, a Maplewood Historical Society Member expressed his zeal for the preservation of artifacts and would like to see a negotiation made for the purchase of this vehicle. d. Fran Juker, 1965 Barclay, offered to accept payment for the vehicle over several installments. Councilmember Koppen moved to negotiate a contract with the Juker's to purchase the antique fire truck. Seconded by Councilmember Collins Ayes-All L. VISITOR PRESENTATIONS 1. Bob Zick, 1880 East Shore Drive, Maplewood, commented on the Historical Society Annual Payment, the County Road D Realignment Roadway Surcharge, and Councilmembers leaving a meeting prior to adjournment. 2. Kevin Berglund, 1929 Kingston Avenue, Maplewood, questioned if Councilmembers have read and follow the rules of civility. 3. Will Rossbach, 1386 County Road C, asked that staff follow up on the Tillges Property Status, specifically their outlot. M. COUNCIL PRESENTATIONS 1. Ramsey County Letter-Meeting-September 11, Finance Director Faust and staff from the IT Department were invited to a special meeting to discuss ways to study and evaluate as a group, opportunities for advanced technology and possible group cost savings through the county. N. ADMINISTRATIVE PRESENTATIONS 1. Special Meeting for Canvassing Election Councilmember Wasiluk 2. City Clerk Guilfoile announced the Special Meeting Monday September 8~' at 6:00 pm. for a public hearing to discuss the 2:00 a.m. Bar Closing. City Counci108-25-03 20 3. City Attorney Kelly --Closed Session The session was closed pursuant to attorney client privilege for purposes of discussing strategy and the merits of threatened litigation involving safety, welfare and health of Maplewood employees. Councilmember Koppen moved to go into closed session. Seconded by Councilmember Collins Ayes-All Councilmember Collins moved to return to regular session. Seconded by Councilmember Juenemann Ayes-All City Attorney Kelly summarized the discussion of the closed session. Threatened litigation against the city was discussed along with the merits of success of that litigation and strategy for assuring health, safety and welfare of employees. O. ADJOURNMENT Councilmember Collins moved to adjourn the meeting at 10:25 p.m. Seconded by Councilmember Koppen Ayes -All City Counci108-25-03 21