HomeMy WebLinkAbout11-14-1994 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, November 14,1994
Council Chambers, Municipal Building
Meeting No. 94-22
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers,
Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Marvin C. Koppen, Councilmember Present
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Meeting 94-21 (October 24,1994)
Mayor Bastian moved to approve the minutes of Meeting No. 94-21 (October 24,1994) as
corrected:
Page 10, J-8-c: Bill Poppert
Seconded by Councilmember Rossbach Ayes -all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
L-1 North St. Paul Road Businesses
L-2 Manager's Evaluation
L-3 Cable Summit and Lawsuit
Seconded by Councilmember Carlson Ayes -all
EA. PRESENTATIONS
1. H. R. A. Appointment
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach moved to table for 2 weeks to November 28, 1994.
1 11-14-94
Seconded by Mayor Bastian Ayes - all
F. CONSENT AGENDA:
Councihnember Carlson moved, seconded by Councihnember Koppen; ayes -all, to
approve the consent agenda items F-1 thru F-12 and F-14 thru F-17 as recommended.
(Item F-13 moved to become J-6)
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $1,219,237.62 Checks #3200 - #3317 and
#14385 thru #15256
Dated 10-12-94 thru 10-31-94
$ 345,796.00 Checks #15257 - #15493
Dated 11-14-94
$1,565,033.62 Total Accounts Payable
PAYROLLS: $ 242,931.57 Payroll Checks #43580 thru #43843
Dated 11-04-94
$ 49,443.46 Payroll Deduction Checks #43848 thru
#43865 dated 11-04-94
$ 243,057.37 Payroll Checks #43294 thru #4343548
Dated 10-21-94
$ 49,164.67 Payroll Deduction Checks #43553 thru
#43570 dated 10-21-94
$ 584,597.07 Total Payroll
52.149,630.69 GRAND TOTAL
2. 1995 SCORE Funding Application
Approved the application for 1995 SCORE Funding and directed staff to submit the
application to Ramsey County.
3. Resolutions of Appreciation: Seniors and Persons with Disabilities Committee
Introduced and approved the following Resolutions:
94 - 11 - 131
JOINT RESOLUTION OF APPRECIATION
WHEREAS, Tim Hammond has been a member of the Maplewood Seniors and
Persons With Disabilities Committee since November 13,1989 and has served faithfullyin
that capacity; and
WHEREAS, the Committee has appreciated Tim's experience, insights and good
judgement; and
WHEREAS, Tim has freely given of his time and energy, without compensation, for
2 11-14-94
the betterment of the City of Maplewood; and
WHEREAS, Tim has shown dedication to his duties and has consistently contributed
his leadership and effort for the benefit of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens that Tim Hammond is hereby extended our
gratitude and appreciation for his dedicated service and we wish him continued success in
the future.
94-11-132
JOINT RESOLUTION OF APPRECIATION
WHEREAS, Jan Keefe Woitas has been a member of the Maplewood Seniors and
Persons With Disabilities Committee since November 13,1989 and has served faithfullyin
that capacity; and
WHEREAS, the Committee has appreciated her experience, insights and good
judgement; and
WHEREAS, Jan has freely given of her time and energy, without compensation, for
the betterment of the City of Maplewood; and
WHEREAS, Jan has shown dedication to her duties and has consistently contributed
her leadership and effort for the benefit of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens that Jan Keefe Woitas is hereby extended our
gratitude and appreciation for her dedicated service and we wish her continued success in
the future.
4. Conditional Use Permit Review: 1945 Frost Avenue (Gladstone Community Center)
Reviewed and approved for renewal the Conditional Use Permit for the Gladstone
Community Center at 1945 Frost Avenue. The Permitwill be reviewed again in five years.
5. Final Plat: Beth Heights Addition
Approved the Beth Heights First Addition Final plat, all conditions being metand subjectto
the County recording the deed restrictions and covenants required by the City.
6. Final Plat: Canada Woods East
Approved the Canada Woods East Final plat, subject to the county recording the restrictive
covenants required by the City.
7. Contingency Account Request
3 11-14-94
Approved a $5,500 transfer from the General Fund Contingency Account to City Hall
Operations, Repair and Maintenance 101-110-000-4410 ($2,000) and Executive, Publishing
101-102-000-4360 (3,500), to cover emergency repairs to City Hall and additional
employment ads.
8. Donation for Community Center
Accepted with thanks a donation of $500 from the law firm of Hughes & Costello for the
Community Center, to be used to subsidize memberships or other appropriate uses.
9. Administrative Assistant Position in Police Department
Approved the creation of a job class of Administrative Assistant-Police Department,with a
1994 salary range of $32,880 to $41,095.
10. Part-Time Lifeguard and Water Safety Positions
Approved expansion of the job class of Lifeguard to have a salary range of $6.00 to $10.00
per hour; along with hourly wage differentials for Lifeguards or Water Safety Instructors
working as Head Lifeguards and for Lifeguards working as Water Safety Instructors.
11. Budget Changes for Fire Department Contracts
Approved a transfer of $50,365 from the Contingency Account to the Public Safety
Department budget to Fmance the 1994 fire department contracts.
12. 1994 Payment to Fire Fighters Relief Association
Approved the 1994 payment to the Maplewood Fire Fighters Relief Association in the
amount of $104,637 and a transfer of $32,970 from the General Fund Contingency Account
to Fmance the payment.
13. County Administrative Costs for Assessments
Moved to become J-6
14. Increase in Community Development Department Service Charges
Approved the following license/permit fees and service charges effective January 1,1995:
Licenses Due January 1:
Motels:
1 - 15 Units $ 87
16 - 35 Units 118
36 - 100 Units 209
Over 100 Units 250
Special Food Handling Establishment 72
Miscellaneous Service Charges:
Woodlot Alteration Permit 12
Building Relocation 375
Moving Permit 43
Community Design Review Board:
Rl & R2 151
4 11-14-94
Other 311
Demolition Permit 50
Mobile Home Permit 32
On-Site Sewage Systems 33
Publications: (Includes Sales Tax):
Zoning Code 5
Platting Code 2
Sign Code 2
Comprehensive Plan 12
Zoning Map 2
City Map 2
Section Map 2
Plam~ing Commission or
Community Design Review Board:
Minutes -Per Year 13
Agenda Packet -Per Year 91
Property Owner List 52
Approved the following Ordinance increasing Plam~ing fees, effective January 1, 1995:
ORDINANCE NO. 728
PLANNING FEES - 1995
Section 1. Section 36-26 of the Zoning Code of the City of Maplewood is hereby amended
as follows:
Section 36-26. Fees. The following nonrefundable application fees shall be required:
Zone Change $ 410*
Conditional Use Permit:
Rl & R2 188*
Other 404*
Conditional Use Permit Revision:
Rl & R2 38*
Other 93*
Variances:
Rl & R2 82*
Other 352*
Vacations:
Rl & R2 86*
Other 238*
Lot Divisions (Fee per lot created):
Rl & R2 58
Other 131
Home Occupation Permit:
Initial Permit 92
Annual Renewal 46
Comprehensive Plan Amendment 573
Code Amendment 352
Planned Unit Development 648*
Preliminary Plat 700
Preliminary Plat Revision or
5 11-14-94
Time Extension 113
Final Plat 169
Time Extensions/Renewals 113
Section 2. Section 36-258 of the sign code is amended as follows:
Section 36-258. Fees.
(1) A sign erection permit fee (except for billboards) shall be $19
(2) The fee for erection of billboards shall be $75
(3) The annual license fee for billboards shall be $289
Section 3. This ordinance shall take effect January 1, 1995.
*Plus a surcharge for each affected property to pay for the County's Filing fee for resolutions.
15. Increase in City Clerk Department Service Charges
Alarm System License $ 40
Amusement Park License 273
Animal Kennels:
New License 59
Renewal License 30
Animal License (Cat & Dog) 15
Auctioneer License 77
Bench Permit:
1st Bench 49
Additional Benches 28
Block Party License 26
Carnival License 268
Cat License 15
Catering Food Vehicle License:
1st Vehicle 91
Each Additional Vehicle 61
Fleet 243
Christmas Tree Sales License 162
Cigarette and Tobacco License 43
Coin Operated Amusement Device:
Base Fee 160
Per Device 41 Contractor's
License 91
Food Establishment License 354
Itinerant Food Establishment License 53
Liquor License Investigation Fee 723
3.2 Beer:
Off-Sale License 45
On-Sale License 167
Motor Vehicle Repair License 113
Non-Perishable Food Vehicle License:
1st Vehicle 53
Each Additional Vehicle 31
6 11-14-94
Fleet 124
Pawn Shop/2nd Hand Dealer License 204
Pending Assessment Search 33
Personal Services:
Investigation Fee 509
License 156
Potentially Hazardous Food Vehicle License:
1st Vehicle 128
Each Additional Vehicle 61
Fleet 365
Service Station License:
1st Pump 110
Each Additional Pump 12
Sewer Connection Permit 66
Solicitor License:
Base Charge 121
Each Solicitor 43
Swimming Pool License:
Indoor 83
Outdoor 83
Combined 113
Tavern License 42
Taxicab License:
Base Charge 44
Each Driver 18
Temporary Food and Beer License 38
Theater License:
Indoor 164
Outdoor 400
Trailer Rental License:
1st Five Trailers 31
Each Additional Trailer 10
Truth-In-Housing Evaluators License 84
Truth-In-Housing Filing Fee 23
Use Car Dealer License 233
16. Increase in Miscellaneous Service Charges
Approved the following Miscellaneous Service Charges for 1995:
Dog/Cat Impound Fee $ 26
False Alarm Charge 25*
Liquor License-Temporary On-Sale-Per Day 143
Occupancy Permit 10
Police Accident Report Copies 10
Tax-Exempt Mortgage Revenue Financing:
Commercial:
Amount Paid with Application
(non-refundable) 2,600
Base Charge of bond issue) 1%
7 11-14-94
Minimum (less application fee) N/A
Maximum (less application fee) N/A
Residential (Multiple-Family Dwellings)
Amount Paid with Application
(non-refundable) 2,600
First Year of bond issue) N/A
Subsequent Years of bond payable N/A
Base Charge of bond issue) 1%
Minimum (less application fee) N/A
Maximum (less application fee) N/A
Tax Increment Financing:
Application Fee (non-refundable) 5,150
Temporary Gambling Permit -Per Day 50*
* Set by ordinance adopted 3-6-80
* * Set by Ordinance adopted 9-10-90
17. Change of Managers: Applebee's -Frank J. Romano
Approved the Intoxicating Liquor License application submitted by Frank J. Romano at
Applebee's, 3001 White Bear Avenue.
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:10 P.M.): Preliminary Plat: Highwood Fourth Addition
a. Mayor Bastian convened the meeting for a public hearing regarding Gonyea
Corporation, Inc. proposal to develop lots for three homes on the east side of Sterling
Street and south of Schaller Drive.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Commissioner Jack Frost presented the Plam~ing Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The
following was heard:
Bill Finch
f. Mayor Bastian closed the public hearing.
g. Councilmember Koppen moved to approve the preliminary plat, subject to the
following conditions:
1. Sign an agreement with the City that guarantees that the developer or
contractor will:
a) Complete all grading for the site drainage and the pond, complete
all public improvements and meet all City requirements.
b)* Place temporary orange safety fencing and signs at the grading
8 11-14-94
limits.
c) Pay the City for the cost oftraffic-control and street identification
signs.
d)* Provide all easements required by the City Engineer.
e) Install permanent signs around the edge of the wetland buffer
easements. These signs shall mark the edge of the easements and
shall state there shall be no mowing, vegetation cutting, Filling or
dumping.
f) Install survey monuments along the wetland boundary.
g) Remove any debris, junk or Fill from the wetlands and site.
2. * Have the City Engineer approve £mal construction and engineering plans.
These plans shall include: grading, utility, drainage, erosion control and tree
plans. The plans shall meet the following conditions:
a) The erosion control plan shall be consistent with the Ramsey Soil
and Water Conservation District Erosion and Sediment Control
Handbook.
b) The grading plan shall:
1) Include proposed building pad elevation and contour
information for each home site.
2) Include contour information for the land that the
construction will disturb.
3) Include berming and an oil containment system near the
pipelines. Grading shall be done to cause any oil leaking
from the pipeline to flow to the oil containment system.
c) The tree plan shall show the following:
1) Where the developer will remove, save or replace large
trees.
2) The size, species and location of trees that the developer
will plans as replacement trees.
There shall be no tree removal east of the pipeline.
3. Record covenants or deed restrictions with the £mal plat that do the
following:
a) Require the contractors to build the houses at the minimum front
yard setback from Sterling Street.
b) State the pipeline's location.
4. Show the wetland boundaries on the £mal plat as approved by the Watershed
District.
5.* Move the drainage easement east so that all the lots have at least 10,000
square feet outside the drainage easement.
6.* Give the City wetland easements over the wetlands. The easements shall
cover the wetlands and any land within twenty feet surrounding a wetland.
These easements shall prohibit any building, mowing, cutting, Filling or
dumping within twenty feet of the wetland or within the wetland itself. The
purpose of this easement is to protect the water quality of the wetlands from
homeowners' fertilizer and to protect the wetland habitat from residential
encroachment.
7. The City must have signed construction contracts for Sterling Street before
the City approves the £mal plat.
If the developer decided to £mal plat part of the preliminary plat, the City may
waive any conditions that do not apply to the £mal plat.
* The developer must complete these conditions before the City issues a grading permit
9 11-14-94
or approves the Final plat.
Seconded by Councilmember Carlson Ayes - all
EA. PRESENTATIONS
1. Mayor Bastian introduced the members of the Girl Scout Troop attending the meeting:
Jennifer Gala
Annamae Behrens
Jennifer Holden
Jessie Sall
G. PUBLIC HEARINGS -Continued
2. 7:15 P.M. (7:31 P.M.): Conditional Use Permit Revision: 2280 Maplewood Drive (Menards)
a. Mayor Bastian convened the meeting for a public hearing to review the conditional
use permit for the outdoor storage yard at Menards, 2280 Maplewood Drive.
b. Manager McGuire presented the staff report
c. Director of Community Development Olson presented the specifics of the report
d. Commissioner Frost presented the Plam~ing Commission report
e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Deb Forbes, 1071 East County Road B
Kathy Dupree, 1071 East County Road B
f. Mayor Bastian closed the public hearing.
g. Councilmember Rossbach introduced the following Resolution and moved its
adoption•
94-11-133
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, the City of Maplewood is proposing changes to a conditional use permit.
The permit is for an outdoor storage yard at 2280 Maplewood Drive. The legal description
is:
SUBJ TO ESMTS; PART OF FOL TRACTS SELY OF HWYS 36 & 61; EX S
100 FT PART OF SW 1/4 N OF CO RD B & PART OF SE 1/4 W OF CLIFTON
ADD S OF L 107 FT N OF S L OF BLK 15 OF SD ADD EXTENDED & N OF
HEINEMANS BELLEVIEW & IN CLIFTON ADD, EX E 240 FT; BLKS 15 &
16 & EX E 255 FT BLK 10 & ALSO W 120 FT OF E 255 FT OF N 30 FT OF
10 11-14-94
BLK 10
WHEREAS, the history of this conditional use permit is as follows:
1. On October 17,1994, the Plam~ing Commission recommended thattheCSty
Council approve this permit.
2. On November 14, 1994 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 presentwritten statements. The Council also considered reports
and recommendations from the City staff and Plam~ing 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. Adherence to the site plan, dated March 15, 1988, unless a change is
approved by the City's Community Design Review Board.
11 11-14-94
2. Materials in the storage yard shall be no more than 20% visible from the
residential lots to the south. This may limit stacking heights or require a
higher fence height.
3. Hours of operation in the storage yard shall be limited to 7 a.m. to 10 p.m.
4. An additional four feet of solid screening material shall be added to the
existing screening fence behind 1115 and 1101 East County Road B. No
material on the storage rack adjacent to the fence can extend above the 14-
foot fence.
5. Arow ofeight-foot-tall evergreen trees shall be planted six feet on center on
the rear property at 1101 East County Road B before June 1, 1989. The
property owner at 1101 East County Road B shall be responsible for the
maintenance of the trees. Menards shall provide a cash escrow or letter of
credit for the installation of the trees before the store may open. No storage
material can extend above the 14-foot fence.
6. An exterior public address system shall not be allowed.
7. All lighting in the storage yard that is not needed for site security shall be
turned off after business hours.
8. The City Council shall review this permit again on June 12, 1995.
9. No more than 2-1/2 feet of the 17-1/2 foot rack shall be visible from the rear
of the homes that are at street level on County Road B.
10. Menards shall be responsible for the safety of the neighbors in regard to the
materials stored over the height of the fence.
11. Menards shall install asix- to eight-foot high privacy fence to screen the
residential lots west of the existing ten-foot fence from vehicle headlights.
12. Plowed snow shall be stored away from the southern and eastern property
lines to avoid runoff problems on residential property.
13. The fence along the east property line shall be extended approximately 110
feet to the north, to the point where the property jogs to the east.
14. No storage shall occur outside the fenced area.
15. All applicable conditions shall be complied with by May 1,1989.
16. The 10-foot high fence along the west side of the storage area shall be raised
to 14 feet.
17. Sanitation facilities be provided by Menards for the workmen.
18. Menards shall extend their eight-foot-high fence to the south property line
by June 1, 1995. The fence shall be the same style as the existing fence.
Menards shall build this fence next to the existing pavement. Menards shall
place "No Parking" signs on the fence.
12 11-14-94
Seconded by Councihnember Carlson Ayes - all
3. 7:30 P.M. (7:57 P.M.): On Sale Intoxicating Liquor License Fees
a. Mayor Bastian convened the meeting for a public hearing regarding a proposed
increase in the On Sale Intoxicating Liquor License Fees.
b. Manager McGuire presented the staff report
c. Mayor Bastian opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Tom McDonough, 1829 Burr, Chalet Lounge
Roger Clausen, Keller Lake Lounge
Gene Balilau, Beau's
d. Mayor Bastian closed the public hearing.
e. Councihnember Rossbach moved to increase the liquor license fee from $5,500 to
$5,700.
Seconded by Councihnember Carlson Ayes - Councihnembers Carlson, Rossbach
Nays -Mayor Bastian, Councihnember
Allenspach
Abstain - Councihnember Koppen
MOTION FAILED
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1. Goodrich Dome:
a. Manager McGuire presented the staff report
b. Director of Community Development Olson presented the specifics of the report
c. Mayor Bastian called for proponents or opponents. The following persons were heard:
Fred Paul, Developer
Paul Ho1t,1895 White Bear Avenue
John Sockness, Prosperity Road, St. Paul
Robert Hullce,1995 E. Ivy
Dick Robertson, 2195 Arcade Street, Golf Coach, Tartan High School
Greg Mach, Ramsey County Park & Recreation Director
d. Councihnember Koppen moved to approve the conditional use permit and the site and
landscape plan.
13 11-14-94
MOTION FAILED FOR LACK OF A SECOND
e. Councihnember Rossbach moved to deny the conditional use permit for the Goodrich
Dome on the Findings in the City ordinance.
Seconded by Councihnember Allenspach Ayes - Mayor Bastian, Councihnembers
Allenspach, Carlson, Rossbach
Nays - Councihnember Koppen
2. Mapleleaf Estates
a. Manager McGuire presented the staff report
b. Councihnember Carlson moved to table this item until December 12, 1994 as
requested by the developer.
Seconded by Mayor Bastian Ayes - all
3. Home Occupation License Ordinance (2nd Reading)
a. Manager McGuire presented the staff report
b. Mayor Bastian introduced the following Ordinance and moved its adoption:
ORDINANCE 729
AN ORDINANCE CHANGING ARTICLE II, HOME OCCUPATIONS, OF THE CITY CODE
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. The section changes Section 17-21 as follows:
Sec. 17-21. License requirements.
(a) Home occupations shall require a license approved by the City Council if any of the
following circumstances would occur more than thirty (30) days each year:
1) Employment of a nonresident in the home occupation.
2) Customers or customers' vehicles on the premises.
3) Manufacture, assembly or processing of products or materials on the
premises.
4) More than one vehicle associated with the home occupation which is
classified as a light commercial vehicle.
5) A vehicle(s) used in the home occupation, and parked on the premises, which
14 11-14-94
exceeds athree-quarter-ton payload capacity.
6) If the home occupation produces any waste that should be treated or
regulated.
(b) Home occupations requiring a license shall be subject to, but not limited to, the
following requirements:
1) No traffic shall be generated by a home occupation in greater volumes than
would normally be expected in a residential neighborhood. Theneed for off-
street parking shall not exceed more than three (3) off-street parking spaces
for home occupation at any given time, in addition to the parking spaces
required by the residents.
2) No more than one nonresident employee shall be allowed to work on the
premises. Nonresident employees who work off-premises may be allowed to
visit the premises. If an on-site employee is parking on-site, off-site
employees shall not leave their vehicles on-site. If there is no on-site
employee vehicle parked on-site, one off-site employee vehicle may be
parked on-site.
3) No vehicle associated with the home occupation, including customers or
employees, shall be parked on the street or block sidewalks or public
easements. Private vehicles used by the residents shall not be included in
this requirement.
4) An area equivalent to no more than twenty (20) percent of each level of the
house, including the basement and garage, shall be used in the conduct of a
home occupation.
5) There shall be no change visible off-premises in the outside appearance of
the building or premises that would indicate the conduct of a home
occupation, other than one sign meeting the requirements of the City sign
code.
6) No more than twenty (20) percent of business income shall come from the
sale of products produced off-site unless approved by the City Council.
7) No equipment or process shall be used in such home occupation which
creates noise, vibration, light, glare, fumes, smoke, dust, odors or electrical
interference detectable to the normal senses off the lot. In the case of
electrical interference, no equipment or process shall be used which creates
visual or audible interference in any radio or television receivers off the
premises, or causes fluctuations in line voltage off the premises.
8) There shall be no fire, safety or health hazards.
9) A home occupation shall not include the repair of internal combustion
engines, body repair shops, spray painting, machine shops, welding,
ammunition manufacturing or sales, the sale or manufacture of firearms or
15 11-14-94
knives or other objectionable uses as determined by the City. Machine
shops are deFmed as places where raw metal is fabricated, using machines
that operate on more than one hundred twenty (120) volts of current.
10) Any noncompliance with these requirements shall constitute grounds for the
denial or revocation of the home occupation license.
ll) The City may waive any of these requirements if the home occupation is
located at least three hundred fifty (350) feet from a residential lot line.
12) The City Council may add any additional requirements that it deems
necessary to insure that the operation of the home occupation will be
compatible with nearby land uses.
Section 2. This ordinance shall take after the City approves it and the official newspaper
publishes it.
Seconded by Councilmember Koppen Ayes - all
4. Driveway Variance: 936 Currie Court
a. Manager McGuire presented the staff report
b. City Attorney Kelly stated that due to faulty notice, the action taken by Council on
October 24 is void.
c. Mayor Bastian called for proponents or opponents. The following persons appeared:
Bruce Ahrens, 936 Currie Court
Bill Roppeau and his daughter Mary, 946 Currie Court
d. Mayor Bastian moved to table this item until after I-7 (Mounds Park Academy).
Seconded by Councilmember Koppen Ayes - all
5. Amber Hills Neighborhood Drainage and Traffic
a. Manager McGuire presented the staff report
b. Director of Public Works Haider presented the specifics of the report
c. Mayor Bastian called for proponents or opponents. The following persons appeared:
Bill Dolan, Developer
Ruth Ann Randall
Wendy Gardner, 2311 Valley View
JoAnn Funk
16 11-14-94
d. Councihnember Carlson moved to install a 4-way stop sign at Valley View and
Schaller.
Seconded by Councihnember Koppen Ayes - all
e. Councihnember Rossbach moved to install a 4-way stop sign at Schaller and
Lakewood.
Seconded by Councihnember Koppen Ayes - all
6. Recreational Fires Ordinance Change -Second Reading
a. Manager McGuire presented the staff report
b. Mayor Bastian called for proponents or opponents. No one appeared.
c. Mayor Bastian introduced the following Ordinance and moved its adoption:
ORDINANCE NO. 730
AMENDING CITY CODE RELATIVE TO RECREATIONAL FIRES
Sec. 12-26. Permit required--Generally; application; construction of section; etc.
No person shall start any fire in the City, except for recreational fires as deFmed in Sec.12-
28 or fires in an approved incinerator, at any time without first obtaining from the Public
Safety Department a permit to start such fire. Application for such permit must be made
to the Fire Marshal or Director of Public Safety. This section shall be construed to mean
that no bonfire, campfire or any other kind of open fire can be started at any location in the
City without obtaining a permit as herein provided. The permit shall set forth the time,
date and location of the burning authorized by such permit. (Code 1965, 31401.070(A);
Ord. No. 253, 32, 6-26-69)
Sec. 12-28. Without a permit.
No person shall kindle, ignite, set or start any outdoor fire in the City, not contained in a
City-approved incinerator, at any time, unless authorized by the issuance of a permit as
provided in this division.
*Exception: Recreational fires as deFmed by Minnesota Uniform Fire Code (recreational
fire is the burning of material other than rubbish where fuel being burned is not contained
in an incinerator, outdoor fireplace or barbecue pit and with a total fuel area of 3' or less in
diameter and 2' or less in height for pleasure, religious, ceremonial, cooking or similar
purposes). Recreational fires are to be from 2:00 p.m. unti111:00 p.m. only unless written
permission for exception is received from the Director of Public Safety or Fire Marshal.
Only charcoal, coal or clean, dry wood may be used for burning (no refuse, grass, leaves,
yard waste or other combustibles). Recreational fires shall be at least 20' from any building
and shall be supervised at all times.
The owner of any property upon which a fire is started or originally ignited. The owner of
any property upon which a fire is started or originally ignited, in violation of the provisions
of this division, shall be responsible therefor and shall be subject to penalties herein
provided, unless such owner can adduce proof that such fire was started by a stranger or
17 11-14-94
trespasser. (Code 1965, 31401.010)
Seconded by Councihnember Carlson Ayes - all
7. Mounds Park Academy
a. Manager McGuire presented the staff report
b. Mayor Bastian called for proponents or opponents. The following persons appeared
David Moecke1,1722 Ruth Street
Chris Clark, 1736 Ruth Street
c. Councihnember Rossbach moved to review the Conditional Use Permit six months
after School District 622 completes their proposed roadway to Beebe Road or in 3
_years, whichever is first.
Seconded by Mayor Bastian Ayes - all
COUNCILMEMBER ROSSBACH MOVED TO WAIVE THE RULES OF PROCEDURE TO
EXTEND THE MEETING TO COMPLETION OF THE AGENDA.
SECONDED BY MAYOR BASTIAN AYES -ALL
4. Driveway Variance: 936 Currie Court South (Continued)
e. City Attorney Kelly stated the issue had been settled between the parties.
f. Councihnember Koppen moved to grant a 9" variance for the driveway at 936 Curie
Court.
Seconded by Councihnember Carlson Ayes - all
J. NEW BUSINESS
1. Substandard Housing Rehabilitation
a. Manager McGuire presented the staff report.
b. Mayor Bastian calling for proponents or opponents. The following appeared:
Steve Quam of Quam, Sumnicht and Associates (QSA)
c. Councihnember Carlson moved to approve a $500 budget transfer for QSA, Inc. to do
a Housing Program Concept Evaluation as outlined in their letter of September 2,
1994.
18 11-14-94
Seconded by Councilmember Koppen Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Koppen
Nays - Councilmember Rossbach
2. Community Center Contingency Request -Final
a. Manager McGuire presented the staff report
b. Assistant Manager Magfich presented the specifics of the report
c. Mayor Bastian introduced the following Resolution and moved its adoption:
94-11-134
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction of aCity-owned community center, Community Center Project, and has let a
contract with Adolfson & Peterson for general construction; and
WHEREAS, changes to a variety of structural features in the building required
additional carpentry, concrete work, and general modification; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project A&P Change Order 6 to allow the recommended
changes in design,
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 6 in an amount of
$36,380.
The contract is amended per the following detail:
Current Contract $5,565,048.78
Proposed Change Order # 36,380.00
Amended Contract $5,601,428.78
Seconded by Councilmember Koppen Ayes - all
d. Mayor Bastian introduced the following Resolution and moved its adoption:
94-11-135
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction of aCity-owned community center, Community Center Project, and has let a
contract with Doody Mechanical, Inc; and
19 11-14-94
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project Doody Mechanical Change Order 5 to allowthe
recommended changes in design,
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 5 in an amount of
$13,947.
The contract is amended per the following detail:
Current Contract $2,133,063.18
Proposed Change Order # 13,947.00
Amended Contract $2,136,010.18
Seconded by Councilmember Koppen Ayes - all
d. Mayor Bastian introduced the following Resolution and moved its adoption:
94-11-136
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction of aCity-owned community center, Community Center Project, and has let a
contract with Hunt Electric; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project Hunt Electric Change Order 5 to allow the
recommended changes in design,
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 5 in an amount of
$18,212.
The contract is amended per the following detail:
Current Contract $1,022,333.07
Proposed Change Order # 18,212.00
Amended Contract $1,040,545.07
Seconded by Councilmember Koppen Ayes - all
3. Maplewood Firefighters Relief Association -Additional Payment
20 11-14-94
a. Manager McGuire presented the staff report
b. Councihnember Carlson moved to authorize the payment of $5,338.50 (1/2 of the
initially requested $10,677) from the Contingency Account, with the other 1/2 being
paid by the three volunteer fire departments, and that this amount be collected from
the City of Oakdale.
Seconded by Councihnember Koppen Ayes - all
4. Ice Arena Task Force Committee Appointments
a. Manager McGuire presented the staff report
b. Council will proceed with balloting the proposed applicants.
5. Winter Ice Skating
a. Manager McGuire presented the staff report
b. Director of Parks & Recreation Anderson presented the specifics of the report
c. Commissioner Jeanne Ewald presented the Park & Recreation Commission report
d. Councihnember Koppen moved to approve staff recommendation, that seven winter
skating facilities (Lions Park, Goodrich Park, Gloster Park, Gladstone Park, Kenwood
Park, Playcrest Park, and Crestview Park) be eliminated from the 1994-95 Winter
Skating Program and that the City expand the pleasure skating rinks at the five
community park sites, as well as neighborhood sites, where feasible.
Seconded by Councihnember Carlson Ayes - all
6. County Administrative Costs for Assessments
a. Manager McGuire presented the staff report
b. Mayor Bastian moved to have the County add the administrative charges to the tax
statements for parcels that have a special assessment and that the County make this a
separate item.
Seconded by Councihnember Carlson Ayes - all
K. VISITOR PRESENTATIONS
1. Kevin Berglund
21 11-14-94
L. COUNCIL PRESENTATIONS
1. North St. Paul Road Businesses
a. Councihnember Allenspach stated she had been called regarding the following:
Gruber's Hardware No trash enclosure
South China Island Needs paint and parking lot repairs
2. Manager Evaluation
a. Councihnember Carlson stated it is time for the Manager's evaluation.
b. Mayor Bastian moved to appoint Councihnembers Allenspach and Rossbach as the
evaluation committee.
Seconded by Councihnember Koppen Ayes - all
3. Cable Summit and Lawsuit
a. Mayor Bastian suggested a cable summit after the first of the year.
b. Mayor Bastian stated that on November 10 the Cable Commission had been served
with a lawsuit for various violations.
M. ADMINISTRATIVE PRESENTATIONS
1. Open Space Progress
a. Assistant Manager Magfich reported the City is ready to close on the English and
Frost Property.
MAYOR BASTIAN RECESSED THE MEETING AT 11:30 P.M. TO GO INTO CLOSED SESSION
2. Pending Litigation -Schreier (Closed Session)
MAYOR BASTIAN RECONVENED THE MEETING AT 11:58 P.M.
N. ADJOURNMENT OF MEETING
11:59 P.M.
Lucille E. Aurelius
City Clerk
22 11-14-94