HomeMy WebLinkAbout02-26-1996 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, February 26,1996
Council Chambers, Municipal Building
Meeting No. 96-04
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, Councihnember Present
Dale H. Carlson, Councihnember Present
Marvin C. Koppen, Councihnember Present
George F. Rossbach, Councihnember Present
D. APPROVAL OF MINUTES:
1. Minutes of Council/Manager Meeting of February 5, 1996
Councihnember Koppen moved to approve the minutes of Council/Manager Meeting of
February 5, 1996 as presented.
Seconded by Councihnember Allenspach Ayes -all
2. Minutes of Meeting 96-03, (February 12,1996)
Councihnember Allenspach moved to approve the minutes of Meeting No.96-03 (February
12, 1996) as presented.
Seconded by Councihnember Koppen Ayes -all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to reconsider the variance requested for a car dealership on Highway 61 near
Highway 694.
Seconded by Councihnember Carlson Ayes - Mayor Bastian, Councihnembers
Allenspach, Carlson, Koppen
Nays - Councihnember Rossbach
Mayor Bastian moved to suspend the Rules of Procedure to place the variance on the Agenda as Item
I-8.
Seconded by Councihnember Carlson Ayes - Mayor Bastian, Councihnembers
Allenspach, Carlson, Koppen
Nays - Councihnember Rossbach
1 2-26-96
Mayor Bastian moved to approve the Agenda as amended:
Ll High School Name
L2 Compost Site
L3 Goodrich Park
Seconded by Councihnember Carlson Ayes - all
EA. APPOINTMENTS/PRESENTATIONS
1. Proclamation for Volunteers of America Week
a. Manager McGuire presented the staff report
b. Mayor Bastian introduced the following Proclamation and moved its adoption:
PROCLAMATION
Volunteers of America Week
March 3 - 10, 1996
WHEREAS, the Volunteers of America, a human service organization, is celebrating its 100th
year of service to the people of Minnesota and the nation; and,
WHEREAS, the Volunteers of America makes valuable contributions by providing these
services to adults and the elderly: homes for mentally disabled, mentally ill, chemically dependent
and/or elderly adults; congregate dining for seniors in Anoka and Hennepin Counties; transitional
housing for women and their families in Aitkin, Chisago, Isanti, Kanabec, Mille Lacs, and Pine
counties; home-delivered meals for persons 60 years of age and over; semi-independent living
services and supported living services; housing complexes for families, the handicapped, and the
elderly; assisted living communities; and long-term health care facilities; and,
WHEREAS, the Volunteers of America provides these services for children and youth: a
children's daycare, programs serving autistic, autistic-like, and/or developmentally disabled youth;
children's shelters; in-home services; foster treatment homes and correction group homes; a
residential treatment center for emotionally handicapped boys; a specialized behavioral program for
boys with severe problems; and short-term after care for youth with special needs; and,
WHEREAS, the Volunteers of America provides two correctional services: apre-release and
work-release correctional program serving men and a jail, workhouse and work-release correctional
program serving women; and,
WHEREAS, the Volunteer of America, through its dedicated staff and volunteers and themany
people who help support their work through Fmancial contributions make a significant impact on the
lives of people in Maplewood; and,
WHEREAS, the Volunteers of America is commemorating its founding in 1896 and urges others
to join them in bridging the gap between human needs and the resources of the public and private
sector;
NOW, THEREFORE, BE IT RESOLVED, that I, Gary W. Bastian, as Mayor of the City of
Maplewood and on behalf of the City Council, do hereby proclaim the week of March 3 -10,1996, as
VOLUNTEERS OF AMERICA WEEK IN MAPLEWOOD and urge all residents of Maplewood to
recognize the Volunteers of America as it marks its first century of service.
2 2-26-96
PROCLAIMED, this 26th day of February, 1996.
Seconded by Councihnember Koppen Ayes - all
F. CONSENT AGENDA:
Councihnember Carlson moved, seconded by Councihnember Koppen ;ayes -all, to
approve the Consent Agenda, Items F-1 thru F-10, as recommended:
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 62,756.01 Checks #6103 thru #6120 Dated 2-1-96 thru 2-7-96
$ 163,068.21 Checks #23924 thru #24071 Dated 2-13-96
$ 118,989.06 Checks #6121 thru #6135 Dated 2-8-96 thru 2-13-96
$ 375,818.58 Checks #24074 thru #24194 Dated 2-20-96
$ 720,631.86 Total Accounts Payable
PAYROLL: $ 291,053.92 Payroll Checks Dated 2-9-96
$ 71,264.73 Payroll Deduction Checks #50547 - #50560 Dated 2-9-96
$ 362,318.65 Total Payroll
S1.11R2,950.51 GRAND TOTAL
2. JR's Appliance Pick-up Contract
Authorized an agreement with J.R.'s Appliance Disposal for the pick-up of old appliances
at the City's Recycling Center.
3. Plam~ing Commission Annual Report
Accepted with thanks the 1995 Annual Report of the Maplewood Plam~ing Commission.
4. Community Design Review Board Annual Report
Accepted with thanks the 1995 Annual Report of the Maplewood Community Design
Review Board.
5. Charitable Gambling License -North Maplewood Lions
96-02-19
APPROVING CHARITABLE GAMBLING -NORTH MAPLEWOOD LIONS
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, thatthe premises
permit for lawful gambling is approved for North Maplewood Lions to operate at Gulden's Road
House, 2999 Highway 61 North, Maplewood, Minnesota.
3 2-26-96
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minn. Stat. 3349.213.
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 Minn. Stat. 3349.213.
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.
6. Contingency Transfer for Council/Staff Retreat
Authorized a budget transfer of $1,350 from the Contingency Account (101-119-000-4910
to 101-119-000-4390) to cover the additional costs for the Council/Staff Retreat at
Riverwood Conference Center.
7. Building Inspector and Fire Inspector Pay Ranges
96-02-19
SETTING 1996 TEMPORARY/SEASONAL AND PART-TIME WAGES
WHEREAS, according to the Minnesota Public Employees Labor Relations Act, part-time employeeswho
do notworkmore than 14 hours per week and temporary/seasonal employees who workin positions thatdo not
exceed 67 days in a calendar year are not public employees and are therefore not eligible for membership in a
public employee union.
NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are
hereby established for temporary/seasonal and part-time (14 hour or less) employees effective February 26,
1996, upon Council approval.
Accountant $8.00-14.00 per hour
Accounting Technician $6.50-12.00 per hour
Administrative Assistant $9.00-20.00 per hour
Building Inspector $14.00-20.17 per hour
Building Maintenance Assistant/Attendant $5.50-8.50 per hour
Clerk-Typist $7.50-10.50 per hour
Custodian Maintenance Worker $8.00-10.50 per hour
Customer Service Assistant $6.00-8.00 per hour
Election Judge $6.00-6.50 per hour
Election Precinct Chair $6.25-6.75 per hour
Engineering Aide $7.00-10.00 per hour
Engineering Technician $10.00-$16.00 per hour
Fire Inspector $9.00-11.00 per hour
Intern $6.00-14.00 per hour
Laborer $6.50-9.00 per hour
Lifeguard $6.00-10.00 per hour
Park Maintenance Assistant $6.00-9.00 per hour
4 2-26-96
Receptionist $7.50-10.50 per hour
Recreation Instructor/Leader $5.00-30.00 per hour
Recreation Official $5.00-20.00 per game
Rink Attendant $5.00-7.00 per hour
Secretary $8.50-15.00 per hour
Video Coordinator $9.00-13.00 per hour
Video Technician $8.50-12.00 per hour
Water Safety Instructor (WSI) $6.00-8.00 per hour
WSI & Head Lifeguard Differential $1.00 per hour
(Lifeguards or WSIS working as Head
Lifeguards; Lifeguards working as WSIS)
BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate
within the above ranges.
8. Proposed Settlement, AFSCME, Clerical/Technical and Maintenance
Approved the proposed 3-year contract agreementwith A.F.S.C.M.E. Clerical/Technical
and Maintenance Unions which merges the two contracts; provides general wageincreases
of 2.75% retroactive to 1-1-96, 3% effective 1-1-97 and 3% effective 1-1-98; increases the
monthly Deferred Compensation from $70 to $75 in 1997 and to $80 in 1998; increases
mileage reimbursement from $.26 to $.28; includes language allowing mutually agreed to
flexible schedules, flexibility of unpaid meal periods, employer options regarding
probationary periods, as well as various clarification and housekeeping changes.
9. Charitable Gambling -Merrick Companies, Inc.; Change of Manager
Approved Wendy L. Busch as the new gambling manager for Merrick Companies, Inc.
96-02-21
APPROVING CHARITABLE GAMBLING - MERRICK COMPANIES
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, thatthe premises
permit for lawful gambling is approved for Merrick Companies to operate at Garrity's,1696 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 Minn. Stat. 3349.213.
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 Minn. Stat. 3349.213.
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.
10. Budget Change -Finance Department
Authorized the transfer of $5,300 from the General Fund Contingency Account to the
Finance Department 1996 Budget to £mance the purchase of office equipment for the new
part-time Accounting Technician position.
5 2-26-96
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:11 P.M.): Hideaway Lounge Conditional Use Permit (70 County Road B East)
a. Mayor Bastian convened the meeting for a public hearing regarding a proposal from
James and Sharon Tulgren to expand the Hideaway Lounge.
b. Manager McGuire presented the staff report
c. Director of Community Development Coleman presented the specifics of the report
d. Boardmember Kittridge presented the Community Design Review Board report
e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Greg Tulgren, the applicant
James T. Tulgren, 2612 Edgerton, Little Canada (part owner)
f. Mayor Bastian closed the public hearing.
g. Councihnember Koppen introduced the following amended Resolution and moved its
adoption•
96-02-22
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, James and Sharon Tulgren, the property owners, are requesting that Maplewood
approve a conditional use permit to expand the Hideaway Lounge by adding outdoor volleyball
courts and a softball field.
WHEREAS, this permit applies to 70 County Road B. The legal description is:
That part of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 29,
Range 22 bounded and described as follows: Begim~ing at the North 1/4 corner of
Section 18 and running Westerly along the North line of said section 660 feet,
more or less, to a point; thence Southerly 650 feet, more or less, to a point, thence
Easterly on a line parallel to the North Section line 433.5 feet, more or less, to a
point in the West right of way fence of the Minneapolis, Saint Paul and Sault Ste.
Marie Railway; thence Northeasterly along said right-of--way fence 527 fcet, more
or less, to a point where said right of way fence intersects the North and South 1/4
section line; thence Northerly along said 1/4line 180 feet, more or less, to a point
of begim~ing. Subject to public easement in highway, County Road B, on the
North side of tract. (PIN 18-29-22-21-0001)
WHEREAS, the history of this conditional use permit is as follows:
1. On February 5,1996, the Plam~ing Commission recommended that the City Council
approve this permit.
6 2-26-96
2. On February 26, 1996, the City Council held a public hearing. The City staff
published a notice in the paper and sent notices to the surrounding property owners.
The Council gave everyone at the hearing a chance to speak and present written
statements. The Council also considered reports and recommendations of the City
staff and Plamwig Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
conditional use permit based on the building and site plans. The City approves this permit because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the City=s Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a
nuisance to any person or property, because of excessive noise, glare, smoke, dust,
odor, fumes, water or air pollution, drainage, water run-off, vibration, general
unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not
create traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and
parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and
scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site and lighting plans stamped December 5,1995 as
approved by the City. The plans shall be subject to the following conditions:
a. The Director of Community Development may approve minor changes.
b. Before grading starts, the owner shall have the City Engineer approve the
grading, drainage and erosion control plans. These plans shall meet all City
standards and shall reserve enough area for adequate on-site storm water
ponding.
c. Adding two gates at least 12 feet wide to the fence near of the softball field. These
gates are to provide emergency vehicle access to volleyball courts and to the
softball field. The owner shall drop parking spaces as necessary to allow for
access.
7 2-26-96
d. The owners shall do the following, subject to the fire marshal's approval:
(1) Install another fire hydrant near the front of the building.
(2) The owners shall move the outside fire department connection to the front
(entrance side) of the building.
(3) Provide a 32-foot-wide drive aisle west of the volleyball courts for emergency
vehicle access. This will require dropping at least seven parking spaces on the
west side of the site to keep the minimum aisle width.
(4) Posting all fire lanes, including the entrance drive, with Ano parking fire lane=
signs and painting all fire lane curbs yellow.
The owner shall make and install these changes when they grade the
site and install the volleyball courts to ensure the safety of everyone
there.
2. The proposed construction must be started within one year after Council approval or
the permit shall end. The Council may extend this deadline for one year.
3. The City Council shall review this permit in one year or, if there are noise complaints,
the Council may elect to hold a special hearing to mediate activities and set acceptable
noise levels.
4. The City may require additional paved parking if needed.
5. The hours of the outdoor activities shall coincide with the hours of lighted City field
use.
6. The owner or operator shall direct or shield all exterior lighting so it does not shine or
cause any undue glare on County Road B or on adjacent properties.
7. The City approves the idea of the future building expansion area and the future
parking lot expansion areas with this plan. The specific plans for these areas shall be
subject to the approval of the Community Design Review Board.
8. The owner shall clean up any debris on the site during the grading and construction.
9. The owners shall not permit alcoholic beverages on the ballfields, courts, bleachers,
parking lot and Brie aisles.
Seconded by Councihnember Allenspach Ayes - Mayor Bastian, Councihnembers
Allenspach, Koppen, Rossbach
Nays - Councihnember Carlson
H. AWARD OF BIDS
1. 1 Ton Truck Cab/Chassis (1-4x4, 2-2x4)
8 2-26-96
a. Manager McGuire presented the staff report
b. Assistant City Engineer Matthys presented the specifics of the report
c. Councihnember Koppen introduced the following Resolution and moved its adoption:
96-02-23
AWARD OF BID - 1 TON TRUCK CAB/CHASSIS
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the quotation of Polar Chevrolet in the amount of $60,103 is the lowest responsible
quotation for purchase of one 4 x 4 and two 2 x 4 1-Ton trucks. The authorized
representative of the City shall purchase said equipment from Polar Chevrolet as
presented in their quotation.
Seconded by Councihnember Carlson Ayes - all
I. UNFINISHED BUSINESS
1. Minor Motor Fuel Station Code Change (2nd Reading)
a. Manager McGuire presented the staff report
b. Councihnember Carlson introduced the following Ordinance and moved its adoption:
ORDINANCE NO. 748
AN ORDINANCE ALLOWING TWO FUEL-DISPENSER ISLANDS
FOR MINOR MOTOR FUEL STATIONS
THE MAPLEWOOD City Council APPROVES THE FOLLOWING CHANGES TO THE
MAPLEWOOD CODE OF ORDINANCES:
Section 1. This section changes Section 36-6 as follows:
Section 36-6. DeFinitions.
Minor Motor Fuel Station: A retail business engaged in the sale of motor vehicle fuels
with a maximum of two (2) dispensers. Fuel dispensers shall be designed to serve only two
cars at once.
Major Motor Fuel Station: A retail business engaged in the sale of motor vehicle fuels
that has more than two (2) dispensers.
Section 2. This Ordinance shall take effect after the City publishes it in the official
newspaper.
Seconded by Councihnember Koppen Ayes - all
9 2-26-96
2. Adult Use Ordinance (2nd Reading)
a. Manager McGuire presented the staff report
b. City Attorney Kelly presented specifics of the proposed Ordinance.
c. Councilmember Rossbach stated that, while he supports the concept, he cannot
support this Ordinance because of the geographic stipulations contained in it.
d. Councilmember Koppen introduced the following Ordinance and moved its adoption:
ORDINANCE NO. 749
AN ORDINANCE OF THE CITY OF MAPLEWOOD, MINNESOTA, AMENDING THE CITY CODE
BY ADDING LANGUAGE ABOUT ADULT USES AND SEXUALLY-ORIENTED BUSINESSES
THE MAPLEWOOD CITY COUNCIL APPROVES THE FOLLOWING CHANGES TO THE
MAPLEWOOD CODE OF ORDINANCES:
SECTION 1. This section adds the following to the Maplewood City Code:
CHAPTER 17.4
ADULT USES AND SEXUALLY-ORIENTED BUSINESSES
Sec. 17.4. Adult Uses and Sexually-Oriented Businesses.
A. Findings and Purposes.
1. The purpose of this ordinance is to control, through licensing and zoning regulations,
certain land uses that have a direct and detrimental effect on the character of the
City's residential and commercial neighborhoods.
2. The Maplewood City Council makes the following Findings about the effect adult uses and
sexually-oriented businesses have on the character of the City's neighborhoods. In malting
the Findings, the City Council accepts the recommendations of staff that has studied the
experiences of other urban areas about such businesses. Based on studies and findings, the
Maplewood City Council concludes:
(a) Adult uses and sexually-oriented businesses can contribute to an increasein
crime in the area where such businesses are located. This can be a burden to
City crime-prevention programs and law-enforcement services.
(b) Adult uses and sexually-oriented businesses can significantly contribute to
the deterioration of residential neighborhoods and can increase
neighborhood blight. These businesses also can impair the character and
quality of the residential housing in the area where such businesses are. This
situation could lessen the amount of desirable housing for residents.
(c) The concentration of adult uses and sexually-oriented businesses in one area
can greatly affect the area where such businesses are concentrated and on
10 2-26-96
the quality of urban life. A cycle of decay can result from the influx and
concentration of adult uses and sexually-oriented businesses. Others may
perceive the presence of such businesses as an indication that the area is
deteriorating and the result can be devastating. That is, other businesses
move out of the vicinity and residents flee from the area. Lower property
values, that can result from the concentration of such businesses, erode the
City's tax base and contribute to urban blight.
(d) Adult uses and sexually-oriented businesses have adverse secondaryimpacts
of the types discussed above.
(e) It is necessary to provide for the special and express regulation of
businesses, establishments or commercial enterprises that operate as adult
body painting studios, adult bookstores, adult cabarets, adult car washes,
adult companionship establishments, adult hotels or motels, adult massage
parlors or health clubs, adult mini-motion picture theaters, adult modeling
studios, adult motion picture arcades or theaters, adult novelty businesses,
adult saunas, and similar adult- oriented services operating under different
names to protect the public health, safety and welfare, and to guard against
the inception and transmission of disease.
(t) The commercial enterprises such as the types described in (e) above and all other
similar establishments whose services include sessions offered to adults conducted in
private by members of the same or opposite sex, and employing personnel with no
specialized training are susceptible to operations contravening, subverting, or
endangering the morals of the City by being the site of acts of prostitution, illicit sex,
and occasions of violent crimes, and thus requiring close inspection, licensing and
regulation.
(g) Control and regulation of commercial establishments of these types, in view
of the abuses often perpetrated, require intensive efforts by the police
department and other departments of the City. It is necessary for the City
to provide services to all of Maplewood without concentrating the public
services in one area. The concentrated use of City services detracts from
and reduces the level of service available to the rest of Maplewood. Thus,
these types of establishments can diminish the ability of the City to protect
and promote the general health, welfare, morals and safety of Maplewood.
(h) The City Council adopts the following land-use and licensing regulations, recognizing
that it has an interest in the present and future character of the City's residential and
commercial neighborhoods. These regulations are to lessen the detrimental and
adverse effects adult uses and sexually-oriented businesses have on adjacentlanduses
and to protect and promote the health, safety and welfare of the residents of
Maplewood.
It is not the intent of the City Council to prohibit adult uses or sexually-oriented
businesses or establishments from having an opportunity to locate in Maplewood. It
also is not the intent of the City Council to regulate these businesses on the basis of
content, but only on the basis of likely adverse secondary effects.
B. Definitions. The following words shall have the following meanings:
11 2-26-96
1. Adult uses: adult body painting studios, adult bookstores, adult cabaret, adult car
wash, adult hotels or motels, adult motion picture theaters, adult mini-motion picture
theaters, adult massage parlors, adult health sports clubs, adult saunas/steam
rooms/bath houses, adult companionship establishments, adult rap/conversation
parlors, adult novelty businesses, adult motion picture arcades, adult modeling
studios, and all other premises, enterprises, establishments, businesses, and places
open to some or all members of the public at or in which there is an emphasis on the
presentation, display, depiction, or description of "specified sexual activities" or
"specified anatomical areas" which the public could see. This definition does not
apply to the practice of medicine, surgery, osteopathy, chiropractic,
physical therapy or podiatry by state-licensed or registered persons as outlined in
Chapter 24 of the City code. Activities classified as obscene as defined by
Minnesota Statutes 3617.241 are not lawful and are not included in the definition
of adult uses.
2. Adult Use -Accessory: The offering of goods and/or services classified as adult uses
on a limited scale that are incidental to the primary activity and goods and/or services
offered by the establishment. Examples of such items include adult magazines, adult
movies, adult novelties, and the like.
3. Adult Uses -Principal: The offering of goods and/or services classified as adult uses
as a primary or sole activity of a business or establishment, and include but are not
limited to the following:
(a) Adult Body Painting Studio: An establishment or business that provides the
service of applying paint or other substance, whether transparent or
nontransparent, to or on the body of a patron when such body is wholly or
partially nude in terms of "specified anatomical areas."
(b) Adult Bookstore: An establishment, building or business engaging in the
barter, rental, or sale of items or merchandise consisting of printed matter,
pictures, slides, records, audiotapes, videotapes, computer or video disks,
motion picture Film, or any other similar materials, if such a shop is not open
to the public generally but only to one or more classes of the public,
excluding any minor because of age, if more than twenty (20) percent of the
usable floor area of the establishment, building or business, or if at least 500
square feet, whichever is smaller, has products or materials distinguished or
characterized by an emphasis on matters depicting, describing or related to
"specified sexual activities" or "specified anatomical areas."
(c) Adult Cabaret: An establishment, building or business that provides
dancing or other live entertainment if such dancing or other live
entertainment is distinguished or characterized by an emphasis on the
performance, presentation, display, depiction, or description of "specified
sexual activities" or "specified anatomical areas."
(d) Adult Car Wash: A wash facility for any type of motor vehicle that allows employees,
agents, independent contractors, or persons to appear in a state of partial or total
nudity in terms of Aspecified anatomical areas=
(e) Adult Companionship Establishment: An establishment or business if such
12 2-26-96
establishment excludes minors because of age, or which provides the service
of engaging in or listening to conversation, talk or discussion between an
employee of the establishment and a customer, if such service is
distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
13 2-26-96
Adult Entertainment Facility: A building or space in which an admission is charged
for entrance, or food or nonalcoholic beverages are sold or intended for consumption,
and in which may be observed live presentation of entertainment distinguished or
characterized by an emphasis on matters depicting, describing, or relating to
Aspecified sexual activities= or Aspecified anatomical areas=
(g) Adult Establishment: An establishment, building or business engaging in
any of the following activities or which uses any of the following business
procedures or practices; either:
(1) Any business conducted exclusively for the patronage of adults
and aboutwhich minors are specifically excluded from patronage
thereat either by law or by the operators of such business; or
(2) Any other business that offers its patrons services, products or
entertainment characterized by an emphasis on matter depicting,
exposing, describing, discussing or relating to Aspecified sexual
activities= or Aspecified anatomical areas."
Specifically included in the term, but without limitation, are adult
bookstores, adult motion picture theaters, adult mini-motion picture
theaters, adult massage parlors, adult health clubs, adult saunas, adult
companionship establishments, adult health clubs, adult cabarets, adult car
washes, adult novelty businesses, adult motion picture arcades, adult
modeling studios, adult hotel or motel, and adult body painting studios.
(h) Adult Hotel or Motel: A hotel or motel from which minors are specifically
excluded from patronage and in which material is presented that is
distinguished or characterized by an emphasis on matter depicting,
describing or relating to Aspecified sexual activities= or Aspecified
anatomical areas=
(i) Adult Massage Parlor, Health/Sport Club: A massage parlor or
health sport club that restrict minors because of age, which provide the
services of massage, if such service is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical areas."
(j) Adult Mini-Motion Picture Theater: A business, building or establishment
in an enclosed building with a capacity for less than 50 persons used for
presenting visual media material if such business as a prevailing practice
excludes minors by virtue of age, or if said material is distinguished or
characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas" for observation by patrons.
(k) Adult Modeling Studio: An establishment or business whose major business
is the provision, to customers, of figure models who are so provided withthe
intent of providing sexual stimulation or sexual gratification to such
customers who engage in Aspecified sexual activities= or display Aspecified
anatomical areas= while being observed, painted, painted upon, sketched,
drawn, sculptured, photographed, or otherwise depicted by such customers.
14 2-26-96
(1) Adult Motion Picture Arcade: Any building or place to which the
public is allowed or invited in which coin or slug-operated or
electronically, electrically or mechanically controlled still or
motion picture machines, projectors, computers, or other image-
producing devices that show images to five or fewer persons per
machine at once, and where the images so displayed are
distinguished or characterized by an emphasis on depicting or
describing "specified sexual activities" or "specified anatomical
areas."
(m) Adult Motion Picture Theaters: A business premises within an enclosed
building with a capacity of 50 or more persons used for presenting visual
media material if said business as a prevailing practice excludes minors by
virtue of age, or if said material is distinguished or characterized by an
emphasis on the depiction or description of "specified sexual activities" or
"specified anatomical areas" for observation by patrons.
(n) Adult Novelty Business: A business that has at least twenty percent (20%)
of its floor area as a principal activity the sale of materials or devices that
stimulate human genitals or devices designed for sexual stimulation orwhich
depict or relate to Aspecified sexual activities= or Aspecified anatomical
areas=
(o) Adult Sauna/Steam Room/Bathhouse: A sauna/steam room bathhouse that
excludes minors because of age, or which provides a steam bath or heat
bathing room used for bathing, pleasure, relaxation, or reducing, utilizing
steam or hot air as a cleaning, relaxing or reducing agent, if the service
provided by the sauna/steam room bathhouse is distinguished or
characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas."
4. Licensed family day-care home, licensed group family day-care home, licensed child-
care center: A facility holding a license from Ramsey County or Minnesota pursuant
to Minnesota Statutes, Chapter 245A, and/or Minnesota Rules, Chapter 9502 or
Chapter 9503, as amended.
5. Minor: Any natural person under the age of eighteen (18) years.
6. Nudity :The showing of the human male or female genitals or pubic area with less
than a fully opaque covering; the showing of the female breast with less than a fully
opaque covering of any portion thereof below a point immediately above thetop ofthe
areola; or the depiction or showing of the covered male genitals in a discernibly turgid
state.
7. Public Library :Any library that provides free access to all residents of a City or
county without discrimination and is organized under the provisions of Minnesota
Statutes, Chapter 134.
8. Public Park: A park, reservation, open space, playground, beach, or recreation or
community center in the City owned, leased, or used, wholly or in part, by a City,
county, state, school district or federal government for recreation purposes.
15 2-26-96
9. Place of Worship: A building or space that is principally used as a place where people
of the same faith or religion regularly assemble for worship.
10. School: A building or space that is principally used as a place where twenty-five (25)
or more persons receive a full course of educational instruction. Any post-secondary
or post-high school educational building, including any college or any vocational-
technical college, shall not be deemed a school for purposes of this ordinance.
11. Sexually-Oriented Business: An adult book store, adult body painting studio, adultcar
wash, adult cabaret, adult hotel or motel, adult companionship establishment, adult
motion picture theater, adult mini-motion picture theater, adult massage parlor, adult
entertainment facility, adult health or sports clubs, adult novelty business, adult
modeling studio, or adult sauna as deFmed herein. Activities classified as obscene as
deFmed by Minnesota Statutes 3617.241 are not lawful and are not included in the
definition of adult uses.
12. Specified Anatomical Areas: Anatomical areas consisting of:
(a) Less than completely and opaquely covered human genitals, pubic region or
pubic hair, buttock, anus, or female breast or breasts below a point
immediately above the top of the areola or any combination of the
foregoing; and
(b) Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
13. Specified Sexual Activities: Activities consisting of the following:
(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse,
oral-anal copulation, bestiality, direct physical stimulation or fondling of
unclothed genitals, pubic region, buttock or female breast, flagellation or
torture in a sexual relationship, or the use of excretory functions in a sexual
relationship, and any of the following sexually-oriented acts or conduct:
anilingus, buggery, coprophagy, coprophifia, cum~ilingus, fellatio,
necrophilia, pederasty, pedophifia, piquerism, sapphism, sodomy, zooerasty;
or
(b) Human genitals in the state of sexual stimulation, arousal or tumescence; or
(c) Use or acts of human or animal ejaculation, sexual intercourse, sodomy, oral
copulation, coitus, or masturbation; or
(d) Fondling or touching of human genitals, pubic region or pubic hair,
buttocks, or female breast or breasts; or
(e) Situations involving a person or persons, any of whom are nude, clad in
undergarments or in sexually revealing costumes, who are engaged in
activities involving the flagellation, torture, fettering, binding or other
physical restraint of any such person; or
(f) Erotic or lewd touching, fondling or other sexually-oriented contactwith an
animal by a human being; or
16 2-26-96
(g) Human excretion, urination, menstruation, vaginal or anal irrigation; or
(h) Any combination of the above.
C. Licenses.
1. License Required. No person, firm, or corporation shall own or operate an adult use or
sexually-oriented business in Maplewood without having first secured a license as provided
herein. Licenses shall be one of two types:
(a) Adult Use Principal
(b) Adult Use Accessory
2. Applications. The City shall prepare an application for an adult use principal or
sexually-oriented business license. This application shall include:
(a) The name, residence, phone number and birthdate of the applicant, if an
individual; and if a corporation, the names, residences, phone numbers and
birthdates of those owners holding more than five percent (5%) of the
issued and outstanding stock of the corporation.
(b) The name, address, phone number and birthdate of the operator and
manager of such operation, if different from the owners;
(c) The address and legal description of the building, establishment or premises
where the adult use or sexually-oriented business is to be located;
(d) A statement detailing each gross misdemeanor or felony relating to a sex
offense and/or the operation of adult uses and related activities ofwhich the
applicant or, for a corporation, the owners of more than five percent (5%)
of the outstanding stock of the corporation, have been convicted, and
whether the applicant has ever applied for or held a license to operate a
similar type of business in other cities.
(e) The activities and types of business to be conducted;
(t) The hours of operation;
(g) The provisions made to restrict access by minors;
(h) A building plan of the premises detailing all internal operations and
activities;
(i) A description or building plan that details all proposed interior and exterior
changes to an existing building or structure.
3. License Fees.
(a) Each application for a license shall be accompanied by a receipt from the City
£mance director for payment in full of the required application and investigative
fee for the license as established by the City Council. All fees shall be paid into
17 2-26-96
the general fund of the City.
(b) All licenses shall expire on the last day of December in each year. The City shall
issue each license for one (1) year, except that if part of the license year has
elapsed when the application is made, the City may issue a license for the
remainder of the year for a prorated fee. In computing such fee, the City
shall count any unexpired fraction of a month as one (1) month.
(c) The annual fee for anadult-use or sexually-oriented business license shall be as
established by the City Council.
(d) No part of the fee paid by any license issued under this ordinance shall be refunded
except in the following instances upon application to the City manager within thirty
(30) days from the happening of the event. The City shall refund a prorated portion
of the fee for the unexpired period of the license, computed monthly, when operation
of the licensed business ceases not less than one (1) month before expiration of the
license because of:
(1) Destruction or damage of the licensed premises by fire or other catastrophe;
(2) The licensee's illness;
(3) The licensee's death;
(4) A change in the legal status making unlawful for the licensed
business to continue.
(e) Each application shall contain a provision on the application in bold print stating that
any withholding of information or the providing of false or misleading information
will be grounds for the denial or revocation of a license. Any changes in the
information provided on the application or provided during the investigation shall be
reported to the City Council by the application or licensee. If said changes take place
during the investigation, the data shall be provided to the director of public safety or
City manager in writing and they shall report the changes to the City Council. Failure
to report said changes by the applicant(s) or the licensee may result in a denial or
revocation of a license.
4. Granting of License.
(a) The City shall investigate all facts set out in the application. After the City
Finishes its investigation, the City shall hold a public hearing and shall give
everyone to be heard for or against the granting of the license a chanceto present
their views. After the investigation and public hearing, the City Council shall
grant or refuse the application.
(b) The City shall only issue the license to the applicant. The license shall not be
transferred to another holder. The City shall only issue each license for the
premises or location described in the application. No license may be transferred
to another place without the approval of the City Council.
5. Persons Ineligible for License. The City shall not grant a license to nor may one be
held by any person who:
(a) Is under twenty-one (21) years of age.
(b) Has been convicted of a felony or of violating any Minnesota law.
18 2-26-96
(c) Is not the proprietor of the establishment for which the license is issued.
(d) Has not paid the license and investigative fees required by this ordinance.
(e) Is not a citizen of the United States.
(f) Has had an adult use or similar license or permit revoked under an
ordinance or statute similar to this.
6. Places Ineligible for License.
(a) No license shall be granted for adult uses or sexually-oriented business on
any premises where a licensee has been convicted of a violation of this
Chapter, or where any license hereunder has been revoked for cause, until
one (1) year has elapsed after such conviction or revocation.
(b) Except uses lawfully existing at the time of this Ordinance adoption, no
license shall be granted for any adult use orsexually-oriented business that
does not meet all City code requirements, all building and fire code
requirements and all provisions of state and federal law.
7. Nonconforming Uses. Any adult use or sexually-oriented business existing on the
effective date of the adoption of this ordinance may be continued subject to the
following provisions:
(a) No such adult use or sexually-oriented business shall be expanded or
enlarged except in conformity with the provisions of this ordinance;
(b) A nonconforming adult use or sexually-oriented business shall be required
to apply for and receive an adult use license from the City. The City does
not require a public hearing before issuing a license for the nonconforming
adult use or sexually-oriented business.
8. Conditions of License -Generally.
(a) Every license shall be granted subject to the conditions in the following
subdivisions and all other provisions of this chapter, and of any applicable
sections of the Maplewood City Code, state and federal law.
(b) All licensed premises shall have the license posted in a conspicuous place.
(c) No minor shall be allowed in or on the premises of an adult use or sexually-
oriented business.
(d) Any designated inspection officer or law enforcement officer of the City shall
have the right to enter, inspect, and search the premises of a licensee during
business hours.
(e) Every licensee shall be responsible for the conduct of their place of business and
shall maintain conditions of this ordinance and the City code.
(f) No adult goods, materials or services shall be offered, sold, transferred,
conveyed, given, displayed, or bartered to any minor.
19 2-26-96
9. Conditions of License -Adult Use Principal.
The City permits adult use principal and sexually-oriented businesses only in the M-1
(light manufacturing) and M-2 (heavy manufacturing) zoning districts subject to the
following conditions:
(a) No adult use principal or sexually-oriented business shall be located closer
than 1,000 feet from any other adult use principal or sexually-oriented
business in any City. Measurements shall be made in a straight line, without
regard to City boundaries, intervening structures or objects, from the
nearest point of the actual business premises of the adult use principal or
sexually-oriented business to the nearest point of the actual business
premises of any other adult use principal or sexually-oriented business.
(b) No adult use principal or sexually-oriented business shall be located closer
than 350 feet from any residential lot line, place of worship, school, public
park, open space, licensed family day-care home, licensed group family day-
care home, public library, or licensed child-care or day-care center in any
City. Measurements shall be made in a straight line, without regard to City
boundaries, intervening structures or objects, from the nearest point of the
actual business premises of the adult use principal or sexually-oriented
business to the nearest property line of the premises or building used as a
dwelling or residence, place of worship, school, public park, open space,
licensed family day-care home, licensed group family day-care home, public
library, or licensed child-care or day-care center.
(c) No adult use principal or sexually-oriented business shall be located closer
than 350 feet from any residential lot line, any residential zoning district or
any residential planned unit development (PUD) in any City. Measurements
shall be made in a straight line, without regard to City boundaries,
intervening structures or objects, from the nearest point of the actual
business premises of the adult use or sexually-oriented business to the
nearest residential lot line, boundary of the residential zoning district or
planned unit development (PUD).
(d) All adult uses and sexually-oriented businesses must follow all of this code.
(e) The City prohibits any building owner or operator from having more than
one (1) of the following uses, tenants or activities in the same building or
structure:
Adult Body Painting Studio
Adult Book Store
Adult Cabaret
Adult Car Wash
Adult Companionship Establishment
Adult Entertainment Facility
Adult Hotel or Motel
Adult Modeling Studio
Adult Sauna/Steam Room/Bath House
Adult Motion Picture Theater
20 2-26-96
Adult Mini-Motion Picture Theater
Adult Massage Parlor
Adult Health/Sports Club
Adult Novelty Business
Any business or establishment in which there is an emphasis on the
presentation, display, depiction, or description of "specified sexual
activities" or "specified anatomical areas" that the public could be see.
(t) An adult use principal and sexually-oriented businesses shall not sell or
dispense nonintoxicating or intoxicating liquors, nor shall it be located in a
building that contains a business that sells or dispenses nonintoxicating or
intoxicating liquors.
(g) No adult use principal and sexually-oriented businesses entertainment shall
engage in any activity or conduct or permit any other person to engage in
any activity or conduct in or about the adult use establishment that is
prohibited by any ordinance of Maplewood, the laws of the State of
Minnesota, or the United States of America. Nothing in this ordinance shall
be construed as authorizing or permitting conduct that is prohibited or
regulated by other statutes, ordinances, including but not limited to statutes
or ordinances prohibiting the exhibition, sale or distribution of obscene
material generally, or the exhibition, sale or distribution of specified
materials to minors.
(h) No adult use principal orsexually-oriented businesses shall be conducted in
any manner that permits the perception or observation from any property
not approved as an adult use of any materials depicting, describing or
related to "Specified Sexual Activities" or "Specified Anatomical Areas" by
any visual or auditory media, including display, decoration, sign, show
window, sound transmission or other means.
(i) All adult use principal and sexually-oriented businesses shall prominently
display a sign at the entrance and located within two feet of the door-
opening device of the adult-use establishment or section of the establishment
devoted to adult books or materials which states: "This business sells or
displays material containing adult themes. Persons under age 18 years of
age shall not enter."
(j) No person under the age of 18 shall be permitted on or in the premises of an
adult use or sexually-oriented business establishment. No person under the
age of 18 shall be permitted access to material displayed, offered for sale,
given, transferred, conveyed or rented by an adult use orsexually-oriented
business.
(k) Adult use principal and sexually-oriented businesses shall not be open
between the hours of 1:00 a.m. and 8:00 a.m. on the days of Monday
through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday.
10. Conditions of License -Adult Use Accessory.
The City may issue adult use accessory licenses to businesses or establishments located in
21 2-26-96
the BC, SC (shopping center) and M-1 Zoning Districts subject to the following
requirements:
(a) The adult use -accessory shall comprise no more than twenty (20) percent of
the floor area, or up to 500 square feet, whichever is smaller, of the
establishment, space, structure or building in which it is located.
(b) Display areas for adult movie or video tape rentals or other products shall
be restricted from general view and shall be located within a separate room,
for which the access is in clear view and in the control of the person
responsible for the operation.
(c) Magazines and publications or other similar products classified or qualified
as adult uses shall not be accessible to minors and shall be covered with a
wrapper or other means to prevent display of any materials other than the
publication title.
(d) Adult use -accessory shall be prohibited from both internal and external
advertising and signing of adult materials and products.
11. Revocation, Suspension or Nonrenewal of License.
(a) The City Council may revoke, suspend, or not renew a license upon
recommendation of the City manager that shows the licensee, its owners,
managers, employees, agents or any other interested parties have engaged in
any of the following conduct:
(1) Fraud, deception or misrepresentation about securing
the license.
(2) Habitual drunkenness or intemperance in the use of drugs including,
but not limited to, the use of drugs de£med in Minnesota Statutes,
Section 618.01, barbiturates, hallucinogenic drugs, amphetamines,
Benzedrine, Dexedrine or other sedatives, depressants, stimulants or
tranquilizers.
(3) Engaging in conduct involving moral turpitude or permitting or
allowing others within their employ or agency to engage in
conduct involving moral turpitude or failing to prevent agents,
officers, or employees in engaging in conduct involving moral
turpitude.
(4) Failure to follow any requirements of the ordinances of
Maplewood about sanitary and safety conditions, zoning
requirements, building code requirements or ordinances, the
violation ofwhich involves moral turpitude, or failureto followthe
requirements of this ordinance.
(5) Conviction of an offense involving moral turpitude.
(b) The certificate holder may appeal such suspension, revocation or
non-renewal to the City Council. The Council shall consider the
appeal at a regularly scheduled public hearing on or after ten days
22 2-26-96
from service of the notice of appeal to the City manager. At the
conclusion of the hearing, the Council may order:
(1) That the revocation, suspension or
Nonrenewal be affirmed.
(2) That the revocation, suspension or
Nonrenewal be lifted and that the certificate be
returned to the certificate holder.
(3) The Council may impose, at their discretion,
any additional terms, conditions or
stipulations for the suspension or issuance of
the certificate.
D. Sign Restrictions.
The following sign regulations shall apply to all adult use and sexually-oriented businesses
in the City. These regulations are to protect children from exposure to sexually-oriented or
shocking signs and materials and to preserve the value of property near adult use and
sexually-oriented businesses. These regulations are aside from any other provision of the
City code.
1. All signs shall be flat wall or freestanding signs. No signs shall be located on the roof,
or contain any flashing lights, moving elements, or electronically or mechanically-
changing messages.
2. The City=s sign regulations for the zoning district where the business is located shall
regulate the amount of allowable sign area and the number of allowed signs for an
adult use or sexually-oriented business.
3. No merchandise, photos, or pictures of the products or entertainment on the premises
shall be displayed in window areas or any area where they can be viewed from the
sidewalk or public right-of--way adjoining the building or structure in which the adult
use or sexually-oriented business is located.
4. No signs shall be placed in any window. A two (2) square-foot sign may be placed on
the door to state hours of operation and admittance to adults only.
E. Penalty.
Any person violating any provision of this ordinance is guilty of a misdemeanor and upon
conviction shall be punished not more than the maximum penalty for a misdemeanor as
prescribed by state law.
F. Severabifity.
If any section, subsection, sentence, clause or phrase of this code amendment is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions ofthis code amendment. The Council declares thatitwould have adoptedthecode
amendment and each section, subsection, sentence, clause or phrase of it, irrespective ofthe
fact that any one or more sections, subsections, sentences, clauses or phrases are declared
23 2-26-96
invalid.
SECTION 2. This section adds the following to the Maplewood City Code:
Sec. 36-186 (13) Adult Use Principal, Sexually-Oriented Businesses and Adult Use Accessory
subject to the requirements in Chapter 17.
SECTION 3. This section adds the following to the Maplewood City Code:
Sec. 36-173(a)(12)
(12)Adult Use Accessory.
The City may issue adult use accessory licenses to businesses or
establishments located in SC (shopping center) Zoning District subject to
the requirements in Chapter 17 and the following requirements:
a. The adult use -accessory shall comprise no more than
twenty (20) percent of the floor area of the establishment
or building in which it is located.
b. Display areas for adult movie or video tape rentals or
other similar products shall be restricted from general
view and shall be located within a separate room, the
access of which is in clear view and under the control of
the person responsible for the operation.
c. Magazines and publications or other similar products
classified or qualified as adult uses shall not be accessible
to minors and shall be covered with a wrapper or other
means to prevent display of any materials other than the
publication title.
d. Adult use -accessory shall be prohibited from both
internal and external advertising and signing of adult
materials and products.
e. The City also shall apply all applicable parts of Chapter
17 of the City code when considering an adult use
accessory license request in the SC zoning district.
SECTION 4. This ordinance shall take effect after the City Council approves it and the official newspaper
publishes it.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Koppen
Nays - Councilmember Rossbach
e. Councilmember Koppen introduced the following Resolution and moved its adoption:
96-02-24
24 2-26-96
AUTHORIZING PUBLICATION OF SUMMARY OF ORDINANCE NO. 749
WHEREAS, Ordinance No. 749 entitled, "An Ordinance of the City of Maplewood, Minnesota,
amending the City code by adding language about adult uses and sexually-oriented businesses," was
adopted by the Maplewood City Council on 2-26-96.
WHEREAS, said Ordinance contains several pages of text;
WHEREAS, the contents of said Ordinance can be summarized as follows: Ordinance No. 749.
The Ordinance establishes regulations about adult uses & sexually-oriented businesses in
Maplewood. The new ordinance has several pages including £mdings and purposes, definitions,
license regulations and standards and sign restrictions. As adopted, adult uses would be a permitted
use in the M-1 (light manufacturing) and M-2 (heavy manufacturing) zoning districts subject to
several performance standards. These include getting a license approved by the City Council and
being at least 350 feet away from protected land uses (residential, day care centers, libraries,
churches, schools, parks, etc) and that they be at least 1,000 feet apart from each other.
WHEREAS, the Maplewood City Council hereby determines that publication ofthis Resolution,
including the title and summary of Ordinance No.749 will clearly inform the public of the intent and
effect of the Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council as follows:
1. A copy of this Resolution shall be published in lieu of publishing a copy of Ordinance
No. 749.
2. A copy of the complete Ordinance shall be available for inspection in the Office of the
City Clerk.
Seconded by Councihnember Carlson Ayes - Mayor Bastian, Councihnembers
Allenspach, Carlson, Koppen
Nays - Councihnember Rossbach
3. July 4th Celebration/Fireworks
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following were heard:
Jack Herbst, ,Chippewa Falls, WI
Andrew Nath, Premier Bank Marketing Representative and
President of White Bear Avenue Business Association
Gary Unger, 1847 E. Idaho, St. Paul, representing District 2 Community Council
d. Councihnember Carlson moved to authorize allocation of $12,000 for Maplewood's
July 4th celebration and $8,000 for the Ramsey County Fair; to encourage
25 2-26-96
participation in the costs by the White Bear Avenue Business Association from their
Charitable Gambling funds; and to direct staff to send a letter to the Ramsey County
Fair Board regarding free display space for Maplewood promotional material.
Seconded by Councihnember Rossbach Ayes - all
4. VEM Budget Adjustment -Mowing Equipment
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the report.
c. Councihnember Rossbach moved to authorize a budget adjustment of $10,000 in the
VEM Fund to £mance the purchase of two new trailers for mowing equipment and
authorize staff to solicit bids for two new rotary mowers.
Seconded by Councihnember Carlson Ayes - all
5. Energy Audit Report
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the report.
c. Councihnember Carlson moved to authorize staff to proceed with the energy saving
project as proposed following the completion Energy Audit Report, with a 0%
interest $74,787 loan from Northern States Power to be paid through savings in
energy costs.
Seconded by Councihnember Koppen Ayes - all
6. Loitering Ordinance - 2nd Reading
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins presented the specifics of the report and responded
to questions.
c. Mayor Bastian moved to table the Loitering Ordinance until March 11,1996 to allow
time to make suggested changes.
Seconded by Councihnember Carlson Ayes - all
7. Polzer Inquiry
26 2-26-96
a. Mayor Bastian presented the staff report, with specifics of the investigation.
b. Mayor Bastian moved to accept the report from the Minnesota Department of Public
Safety State Patrol Division and stated that if anyone wished to see the actual report
regarding the accident investigation, they should contact him, any of the
Councilmembers or the City Manager.
Seconded by Councilmember Carlson Ayes - all
8. Lexus Automobile Dealership (Highway 61 North)
a. Mayor Bastian presented the Lexus request for reconsideration.
b. City Attorney Kelly commented on the requirements for reconsideration and the rules
which allowed waiver of the Rules of Procedure and stated all the requirements had
been met.
c. Director of Community Development Coleman presented the specifics of the request
for Variance and the Conditional Use Permit which had been rejected at the March
11, 1996 meeting, and the new information which has been supplied since then.
d. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following was heard:
John Dietrich, RLK, consultant for Ryan Construction
e. Councilmember Carlson introduced the following Resolution and moved its adoption:
96-02-25
VARIANCE RESOLUTION -WETLAND SETBACK
WHEREAS, Ryan Construction Company of Minnesota, Inc, applied for a variance from the
zoning ordinance.
WHEREAS, this variance applies to property on the east side of Highway 61 between Beam
Avenue and County Road D. The legal description is:
Tracts D and G, Registered Land Survey No. 525
WHEREAS, Section 36-196(h)(3) of the wetland protection ordinance requires a 100-foot-wide
wetland buffer.
WHEREAS, the applicant is proposing a 25-foot-wide wetland buffer.
WHEREAS, this requires a variance of 75 feet.
WHEREAS, the history of this variance is as follows:
27 2-26-96
1. On February 5, 1996, the Plam~ing Commission recommended that the City Council
approve this variance.
2. The City Council held a public hearing on February 12,1996. City staff published a notice
in the Maplewood Review and sent notices to the surrounding property owners as required
by law. The Council gave everyone at the hearing an opportunity to speak and present
written statements. The Council also considered reports and recommendations from the
City staff and Plam~ing Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
variance for the following reasons:
1. Strict enforcement of the code would cause undue hardship because of circumstances
unique to the property and not created by the property owner. The 100-foot-wide wetland
buffer requirement would make development of this site difficult. The difficulty was
created by the new ordinance.
2. The variance would be in keeping with the spirit and intent of the ordinance, since the
applicant would improve the quality of the wetland buffer substantially over its present
state.
Approval is subject to the applicant doing the following:
1. Submitting a grading and landscaping plan subject to the requirements oftheCStystaffand
the Ramsey-Washington Metro Watershed District for the wetland buffer.
2. Dedicating awetland-buffer easement. This easement shall describe the boundary of the
buffer and prohibit any building, mowing, cutting, Filling or dumping within the buffer.
The applicant shall record the deed for this easement before the City will issue a building
permit.
3. Accepting responsibility for the annual maintenance and upkeep of the sump catch basins.
Seconded by Councihnember Koppen Ayes - Mayor Bastian, Councihnembers
Allenspach, Carlson, Koppen
Nays - Councihnember Rossbach
f. Mayor Bastian introduced the following Resolution and moved its adoption:
96-02-26
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Ryan Construction Company of Minnesota, Inc. applied for a conditional
use permit for a motor vehicle maintenance garage as part of a new Lexus automobile
dealership;
WHEREAS, this permit applies to property on the east side of Highway 61 between
Beam Avenue and County Road D. The legal description is:
28 2-26-96
Tracts D and G, Registered Land Survey No. 525
WHEREAS, the history of this conditional use permit is as follows:
1. On February 5,1996, the Plam~ing Commission recommended that the CSty
Council approve this permit.
2. On February 12,1996, the City Council held a public hearing. The CSty staff
published a notice in the paper and sent notices to the surrounding property
owners. The Council gave everyone at the hearing a chance to speak and
present written statements. The Council also considered reports and
recommendations of the City staff and Plam~ing Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described conditional use permit based on the building and site plans. The City approves
this permit because:
1. The use would be located, designed, maintained, constructed and operated
to be in conformity with the City=s comprehensive plan and code of
ordinances.
2. The use would not change the existing or planned character of the
surrounding area.
3. The use would not depreciate property values.
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:
29 2-26-96
1. All construction shall follow the site plan approved by the City. This shall
include the sump pump catch basin design submitted on February 26,1996.
The Director of Community Development may approve minor changes.
2. The proposed construction must be substantially started within one year of
Council approval or the permit shall become null and void. The Council
may extend this deadline for one year.
3. The City Council shall review this permit in one year.
4. Before the issuance of a building permit, the City must have a signed
construction contract for the extension of the water main to the Lexus site.
The water system must be operational before the issuance of a certificate of
occupancy.
5. The future expansion is not allowed with this permit. The applicant must
apply for design approval and an amendment to the conditional use permit
before building this expansion. The future expansion must be at least 100
feet from the billboard.
6. The property owner shall agree to accept responsibility for the annual
maintenance and upkeep of the sump catch basins.
7. The applicant shall submit the plans for the sump catch basins and discharge
rip rap to the Ramsey-Washington Metro Watershed District for their
approval before the City will issue a building permit.
f. Mayor Bastian moved to approve the site plans (stamped December 7,1995 and the
site plan stamped February 1, 1996) for proposed Lexus dealership on Highway 61
based on the £mdings required by the code. Approval is subject to the following
conditions•
1. Repeat this review in two years if the City has not issued a building permit
for this project.
2. Before getting a building permit, the applicant shall:
a. Dedicate and record awetland-buffer easement. This easement shall
describe the boundary of the buffer and prohibit any building, mowing,
cutting, Filling or dumping within the buffer.
b. Submit a revised landscape plan providing for any planting and ground
reshaping or restoration of the wetland buffer as may be required by the
Ramsey-Washington Metro Watershed District. Replace the seed on the
Highway 61 right-of--way with sod if allowed by the Minnesota Department
of Transportation. The right-of--way shall have an in-ground lawnirrigation
system unless prohibited by MnDOT.
3. Before the issuance of a building permit, the City must have a signed
construction contract for the extension of the water main to the Lexus site. The
water system must be operational before the issuance of a certificate of
occupancy.
30 2-26-96
4. The applicant shall complete the following before occupying the building:
a. Replace any property irons removed because of this construction.
b. Install reflectorized stop signs at both exits, a handicap parking sign for each
handicap parking space and an address on the building.
c. Screen all roof-mounted equipment visible from streets or adjacent
property. (code requirement)
d. Construct a trash dumpster enclosure, subject to staff approval, if there
would be outside trash storage. (code requirement)
e. Install an in-ground lawn irrigation system for the parking lot islands and
the sodded areas between the highway and the parking lot. Lawn irrigation
in the right-of--way may be waived if MnDOT will not allow it.
f. Post signs designating at least 55 customer and employee parking spaces.
g. Post one-way traffic signs for the narrow driveway beneath the canopy on
the south side of the building.
5. The future expansion is not allowed. The applicant must apply for design
approval and an amendment to the conditional use permit prior to building this
expansion. The future expansion must be at least 100 feet from the billboard.
6. If any required work is not done, the City may allow temporary occupancy if
a. The City determines that the work is not essential to the public health, safety
or welfare.
b. The City receives a cash escrow or an irrevocable letter of credit for the
required work. The amount shall be 150% of the cost of the unFinished
work.
7. This approval does not include the signs. Signage will be reviewed by staff
through the sign permit process.
8. All work shall follow the approved plans. The Director of Community
Development may approve minor changes.
9. Traffic flow in and out of the Lexus dealership shall be reviewed by MnDOT.
Any site plan change is subject to staff approval.
Seconded by Councihnember Koppen Ayes - Mayor Bastian, Councihnembers
Allenspach, Carlson, Koppen
Nays - Councihnember Rossbach
J. NEW BUSINESS
1. Sign Code Amendment -Residential Signs (First Reading)
31 2-26-96
a. Manager McGuire presented the staff report
b. Director of Conununity Development Coleman presented the specifics of the report
c. Boardmember Vidyashankar presented the Conununity Design Review Board report
d. Councihnember Koppen moved first reading of an Ordinance amending City Codeto
change the maximum size allowed for ground-mounted signs for churches,
apartments, townhouses, schools, libraries, community centers or other institutions.
Seconded by Councihnember Rossbach Ayes - all
2. Inducement Resolution -Industrial Revenue Bonds (Vomela)
a. Manager McGuire presented the staff report
b. Director of Community Development Coleman presented the specifics of the report
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following was heard:
Dave Degree, 2052 Holloway Ave., President of Vomela Specialty Company
d. Councihnember Koppen introduced the following Resolution and moved its adoption:
96-02-27
RESOLUTION RECITING A PROPOSAL FOR AN INDUSTRIAL DEVELOPMENT PROJECT
AND TAKING OFFICIAL ACTION WITH RESPECT THERETO
AND INDICATING PRELIMINARY INTENT TO ASSIST THE FINANCING OF THE PROJECT
PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
WHEREAS,
(a) The purpose of Minnesota Statutes, Sections 469.12 through 469.165 known as the
Minnesota Municipal Industrial Development Act (the "Act") as found and
determined by the legislature is to promote the welfare of the State by the active
attraction and encouragement and development of economically sound industry and
commerce to prevent so far as possible the emergence of blighted and marginal lands
and areas of chronic unemployment;
(b) Factors necessitating the active promotion and development of economically sound
industry and commerce are the increasing concentration of population in the
metropolitan areas and the rapidly rising increase in the amount and cost of
governmental services required to meet the needs of the increased population and the
need for development of land use which will provide an adequate tax base to Fmance
these increased costs and access to employment opportunities for such population;
(c) The City Council of the City of Maplewood (the "City") has received a proposal from
Camada Limited Partnership (the "Company"), that the City assist in Fmancing a
Project hereinafter described, through the issuance of a Revenue Bond or Bonds or a
32 2-26-96
Revenue Note or Notes in the maximum aggregate principal amount of $1,500,000
(hereinafter referred to in this resolution as "Revenue Bonds") pursuant to the Act;
(d) The City desires to facilitate the selective development of the community, retain and
improve the tax base and help to provide the range of services and employment
opportunities required by the population; and the Project will assist the City in
achieving those objectives. The Projectwill help to increase tax capacities of the City
and surrounding area and help maintain a positive relationship between tax capacities
and debt and enhance the image and reputation of the community;
(e) The Project to be £manced by the Revenue Bonds is the renovation of an existing
approximately 45,000-square-foot manufacturing facility to be leased by Vomela
Specialty Company located at 2354 English Street, Maplewood, Minnesota andwill be
initially owned and operated by the Company, and will result in the employment of
additional persons to work within the facilities;
(t) The City has been advised by representatives of the Company that conventional,
commercial £mancing to pay the capital cost of the Project is available only on a
limited basis and at such high costs of borrowing that the economic feasibility of
operating the Project would be significantly reduced;
(g) No public official of the City has either a direct or indirect £mancial interest in the
Project nor will any public official either directly or indirectly benefit Financially from
the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Maplewood,
Minnesota, as follows:
1. The Council hereby indicates its preliminary intent to undertake the Project pursuant to
the Minnesota Municipal Industrial Development Act and to issue the Revenue Bonds in
the maximum aggregate principal amount of $1,500,000 pursuant to the Act to £mance the
Project;
2. On the basis of information available to this Council it appears, and the Council hereby
Fords, that the Project constitutes properties, real and personal, used or useful in
connection with one or more revenue producing enterprises engaged in any businesswithin
the meaning of Subdivision la of Section 469.153 of the Act; that the Project furthers the
purposes stated in Minnesota Statutes, Section 469.152; that the availability of the
£mancing under the Act and willingness of the City to furnish such £mancing will be a
substantial inducement to Company to undertake the Project, and that the effect of the
Project, if undertaken, will be to encourage the development of economically sound
industry and commerce, to assist in the prevention of the emergence of blighted and
marginal land, to help prevent chronic unemployment, to help the City retain and improve
the tax base and to provide the range of service and employment opportunities required by
the population, to help prevent the movement of talented and educated persons out of the
state and to areas within the State where their services may not be as effectively used, to
promote more intensive development and use of land within the City and eventually to
increase the tax base of the community;
3. The issuance of the Revenue Bonds by the City is subject to, among other things, (a) the
holding of a public hearing on the proposal, (b) the approval of the Project by the
Minnesota Trade and Economic Development Authority (the "Authority:), (c) review and
33 2-26-96
approval of the proposed Project by the City's Bond Counsel, (d) the availability of an
allocation for the issuance of tax exempt obligations, and (e) Final approval by this Council,
the Company, and the purchaser of the Revenue Bonds as to the ultimate details of the
£mancing of the Project;
4. Company has agreed and it is hereby determined that any and all costs incurred by the CSty
in connection with the £mancing of the Project whether or not the Project is carried to
completion and whether or not approved by the City will be paid by such Company;
5. Nothing in this Resolution or in the documents prepared pursuant hereto shall authorize
the expenditure of any municipal funds on the Project other than the revenues derived
from the Project or otherwise granted to the City for this purpose. The Revenue Bonds
shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or
funds of the City except the revenue and proceeds pledged to the payment thereof, nor
shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall
never have the right to compel any exercise of the taxing power of the City to pay the
outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment
thereof against any property of the City. The Revenue Bonds shall recite in substance that
the Revenue Bonds, including interest thereon, is payable solely from the revenue and
proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debtof
the City within the meaning of any constitutional or statutory limitation;
6. It is the purpose of this Resolution to evidence the commitment of the parties and their
intentions with respect to the proposed Project in order that the Company may proceed
without delay with the commencement of the acquisition, installation and construction of
the Project with the assurance that there has been sufficient "official action" within the
meaning of the Internal Revenue Code of 1986, as amended, to allow for the issuance of
industrial revenue bond (including, if deemed appropriate, any interim note or noted to
provide temporary £mancing thereof) to Fmance the entire cost of the Project upon
agreement being reached as to the ultimate details of the Project and its £mancing.
7. In anticipation of the £mal approval by the City of the issuance of the Revenue Bonds to
Fmance all or a portion of the Project, and in order that completion of the Project will not
be unduly delayed when approved, the Company is hereby authorized to make such
expenditures and advances toward payment of that portion of the costs of the Project to be
Fmanced from the proceeds of the Revenue Bonds as Company considers necessary,
including the use of interim, short-term £mancing, subject to reimbursement from the
proceeds of the Revenue Bonds if and when delivered but otherwise without liability on the
part of the City.
8. In anticipation of the approval by all necessary entities of the issuance of the Bonds to
Fmance all or a portion of the Project, and in order that completion of the project will not
be unduly delayed when approved, the Company is hereby authorized to make such
expenditures and advances toward payment of that portion of the costs of the Projectto be
Fmanced from the proceeds of the Bonds, as the Company considers necessary, including
the use of interim, short-term £mancing, subject to reimbursement from the proceeds of
the Bonds if any when delivered but otherwise without liability on the part of the City.
9. The Company shall enter into various agreements with the City which shall impose the
following restrictions on the Company and the Project;
(a) Construction must begin by February 26, 1997. The City Council may grant a time
34 2-26-96
extension if just cause if shown;
(b) Contracts entered into with contractors doing work on the Project shall provide that:
i) the contractor shall not discriminate in the hiring or firing of
employees on the basis of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance,
disability or age.
ii) the contractor shall compensate employees with wages and
£mancial remuneration as provided under the United States Code,
Section 276A, as amended through June 23, 1986, and under
Minnesota Statutes 1985, Sections 177.41-177.44,
iii) the contractor shall be required to employ Minnesota residents in at least
80% of the jobs created by the project; and, at least 60% of the group
shall be residents of the seven-county metropolitan area. Resident
status under both of the above categories shall be determined as of the
date of this Resolution. However, if the contractor can show that these
quotas are not feasible because of a shortage of qualified personnel in
specific skills, the contractor may request the City Council for a release
from the two residency requirements. The requirements shall continue
for the duration of the construction project.
iv) the contractor shall be an active participant in a State of
Minnesota apprentice program, approved by the Department of
Labor and Industry.
v) all provisions of these tax-exempt £mance requirements shall apply
to all subcontractors working on the Project.
(c) As a condition of approving the Project, a lump sum fee at Bond Closing or an annual
fee over the life of the Bond will be required. The City reserves the right to choose the
fee option that will be the most beneficial to the City. This choice will be made when
the £mal Resolution for the Project and the Bonds is adopted. Factors to be takeninto
account will include, but not be limited to:
i) The size of the Bonds issue.
ii) Unbudgeted City funding needs at the time of the request.
iii) The number of requests.
iv) Federal arbitrage considerations.
(d) The formula for each fee option is as follows:
i) Annual fee:
(1) Full Bond maturity: An annual fee payable on each
anniversary of the Bond issue of not less that one-eighth of
one percent of the unpaid balance and one-quarter of one
35 2-26-96
percent of the Bond issue shall be paid at Bond closing,
subject to federal arbitrage restrictions.
36 2-26-96
(2) Prepayment of Bonds: The same as the full Bond maturity
requirement, except if all of the outstanding Bonds are
prepaid prior to Final Bond maturity, the developer shall pay,
at the time of such prepayment, alump-sum fee equal to the
present value of the remaining annual fee payments, from the
date of prepayment to Final Bond maturity, subject to federal
arbitrage restrictions.
ii) Lump-sum Fee: At Bond closing, alump-sum fee shall be paid
that is equivalent to the present value of the annual fee option.
The present value must be determined by a qualified expert,
acceptable to the City.
Seconded by Councihnember Carlson Ayes - all
3. Re-Levying of Previously Deferred Assessments
a. Manager McGuire presented the staff report.
b. Councihnember Koppen introduced the following Resolution and moved its adoption:
96-02-28
TERMINATION OF DEFERMENTS ON SPECIAL ASSESSMENTS
WHEREAS, pursuant to the provisions of Minn. Stat. Chapter 429, et seq, the Maplewood CSty
Council levied special assessments for Public Improvement Projects No. 73-10, No. 73-14, No. 74-1,
and No. 74-11.
WHEREAS, pursuant to Minn. Stat. 429.061, Subd. 2, the City Council authorized that those
special assessments as set forth in Exhibit A were to be deferred as provided by Statute.
WHEREAS, the City Council is authorized to terminate said special assessments as provided by
Statute,
NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF MAPLEWOOD,
MINNESOTA, as follows:
1. Those deferments for special assessments as set forth in the attached Exhibit A are
hereby terminated. The original assessment amount and all accrued interestto datein
now due and payable. Payment of said amount must be tendered on or before May 1,
1996. All amounts which remain unpaid shall be certified to the County Auditor for
collection with the property taxes over a term of three (3) years with an annual rate of
interest of seven percent (7%).
Amount
Original Amount Interest To Levy
37 2-26-96
O1-28-22-12-0006 John W. O'Dell $ 50.00 $ 5.59 $ 125.59
(57-17500-130-06) Catherine A. O'Dell
Imp. 73-14 Storm 2604 Brookview Drive
1481-242 55119
34-30-22-14-0003 Albert T. Goins 802.69 1,097.90 1,900.59
(57-03400-020-80) Marianne E. Goins
Imp. 74-11 1729 County Road D East
Co. Rd. D-Street 55109
1674
34-30-22-43-0005 Lloyd G. Sinn 1,339.47 1,832.10 3,171.57
(57-03400-040-78) Florence A. Sinn
Imp. 74-11 1655 County Road D E
Co. Rd. D 55109
1675
34-30-22-14-0003 Albert T. Goins 1,090.65 1,491.77 2,582.42
(57-03400-020-80) Marianne E. Goins
Imp. 74-11 1729 County Road D East
Co. Rd. D-Utilities 55109
1675
14-29-22-43-0002 Anastasia C. Belanger 1,636.24 2,447.45 4,113.69
(57-01410-030-86) Helen Munson
Imp. 73-10 Storm 2135 Larpenteur Ave. E
1379-240 55109
02-29-22-31-0014 Danco Development Corp. 962.55 1,388.85 2,351.40
(57-00210-060-50) 10812 Nesbitt Ave. S
Imp. 74-1-Sidewalk Bloomington, MN 55437
1563
02-29-22-31-0021 Maplewood Pet Care Center 800.80 1,155.46 1,956.26
(57-00210-390-50) 2811 White Bear Avenue
Imp.74-1-Sidewalk 55109
1563
02-29-22-31-0013 Martha K Tschida 1,601.60 2,310.91 3,912.51
(57-00210-010-51) 1721 White Bear Ave. N
Imp.74-1-Sidewalk 55109
1563
02-29-22-34-0014 John L. Vaughn 800.80 1,155.46 1,956.26
(57-00210-040-57) Nattie A. Vaughn
Imp. 74-1-Sidewalk 2725 White Bear Avenue
1563 55109
TOTALS $9,084.80 $12,985.49 $22,070.29
38 2-26-96
Seconded by Councihnember Carlson Ayes - all
4. Project 89-21; White Bear Avenue/Maplewood Mall Area Traffic Improvements
Change Order Request
a. Manager McGuire presented the staff report
b. Assistant City Engineer Matthys presented the specifics of the report
c. Councihnember Carlson moved to authorize an amendment to the consultant's
contract revising the not-to-exceed fee to $232,000 and to authorize the associated
budget adjustment.
Seconded by Councihnember Koppen Ayes - all
5. Roadway Re-Jurisdiction
a. Manager McGuire presented the staff report
b. Assistant City Engineer Matthys presented the specifics of the report
c. Mayor Bastian introduced the following Resolution and moved its adoption:
96-02-29
ROADWAY RE-JURISDICTIONS
WHEREAS, the 1991 Minnesota Legislature established a Ramsey County Local Government
Services Study Commission to Areport on the advantages and disadvantages ofsharing, cooperating,
restructuring, or consolidating activities in areas of pubic service including public works; and
WHEREAS, the consolidation plan provides for reclassification ofroadways and corresponding
changes in jurisdiction including the transfer of local and state aid roadways between the County
and municipalities; and
WHEREAS, the City of Maplewood authorizes Ramsey County to redesignate County state aid
highway designation to County road designation on all proposed turn-back routes located withinthe
City of Maplewood; and
39 2-26-96
WHEREAS, Arcade Street (County State Aid Highway 60) from Trunk Highway 36 to Keller
Parkway, and from Keller Parkway to the Maplewood/Little Canada border; and Keller Parkway
(County State Aid Highway 22) from Arcade Street to County Road C; and Helen Street (County
state Aid Highway 70) from Beam Avenue to Lydia Avenue, located in the City of Maplewood, are
presently under the jurisdiction of Ramsey County as County state aid highways; and
WHEREAS, Keller Parkway (County Road 112) from Arcade Street to .28 miles east, located in
the City of Maplewood, is presently under the jurisdiction of Ramsey County as a County road; and
WHEREAS, these roadway segments have been determined to serve a local function only; and
WHEREAS, revocation of County state aid highway status may be accomplished by resolution of
the Ramsey County Board of Commissioners pursuant to Minnesota Statutes 3162.02; and
WHEREAS, revocation of County road status may be accomplished by resolution ofthe Ramsey
County Board of Commissioners pursuant to Minnesota Statues 3163.11; and
WHEREAS, the City of Maplewood has concurred that jurisdiction should be changed from
Ramsey County to the City of Maplewood; and
WHEREAS, the consolidation plan stipulates that Ramsey County shall improve the roadways
to acceptable levels prior to transferring jurisdiction over roadway segments from Ramsey County
to municipalities, and the Ramsey County Capital Improvement Program provides funding forthese
improvements; and
WHEREAS, the City of Maplewood desires Ramsey County to recycle and overlaythe segments
of Arcade Street from Trunk Highway 36 to Keller Parkway, and Keller Parkway from Arcade Street
to County Road C; for an estimated cost of $160,000 from the 1993 Capital Improvement Plan,
Ramsey County Roadway Consolidation Fund; and
WHEREAS, the City of Maplewood desires to reconstruct the segment of Arcade Street from
Keller Parkway to the Maplewood/Little Canada border for an estimated cost of $60,000 and fund
the reconstruction project with Municipal State Aid Street sources, and an estimated $10,000 from
the Ramsey County Roadway Consolidation Fund; and
WHEREAS, the Ramsey County Public Works Department performed a recycle overlay onthe
segment of Keller Parkway from Arcade Street to .28 miles east in 1992; and
WHEREAS, this segment of Keller Parkway has been improved by Ramsey County to an
acceptable level prior to the transfer of roadway jurisdiction as calculated from the Pavement
Management System ([{90-condition rating}/condition rating] 1993 Condition Rating), therefore
exempting Ramsey County from providing any compensation from the County Roadway
Consolidation Fund to the City of Maplewood for the jurisdictional transfer of this segmentofKeller
Parkway;
WHEREAS, Maryland Avenue (MSAS 118) from Lakewood Drive to Century Avenue is
currently under the jurisdiction of the City of Maplewood and has been determined to serve a
County function; Now, therefore, be it
RESOLVED, the City of Maplewood does hereby authorize Ramsey County to redesignate
County state aid highway designation to County road designation on all proposed turn-back routes
located within the City of Maplewood; and be it further
40 2-26-96
RESOLVED, that the revocation of Arcade Street, Helen Street, and Keller Parkway will be
effective the first day of the second month following the date the County is in receipt of an adopted
resolution from the City of Maplewood concurring with the County revoking the County state aid
highway status of Arcade Street (County State Aid Highway 60) from Trunk Highway 36 to Keller
Parkway, and from Keller Parkway to the Maplewood/Little Canada border; and Keller Parkway
(County State Aid Highway 22) from Arcade Street to County Road C; and Helen Street (County
State Aid Highway 70) from Beam Avenue to Lydia Avenue; and transferring jurisdiction over the
roadways to the City of Maplewood; and be it further
RESOLVED, that the revocation of Keller Parkway will be effective the first day of the second
month following the date the County is in receipt of an adopted resolution from the City of
Maplewood concurring with the County revoking the County road status of Keller Parkway from
Arcade Street to .28 miles east; and transferring jurisdiction over the roadway to the City of
Maplewood; and be it further
RESOLVED, that the County will recycle and overlay Arcade Street from TrunkIiighway36 to
Keller Parkway, and Keller Parkway from Arcade Street to County Road C; for an estimated cost of
$160,000 from the 1993 Capital Improvement Plan, Ramsey County Roadway Consolidation Find as
just compensation for this jurisdiction transfer; and be it further
RESOLVED, that the County will pay to the City as just compensation for the jurisdiction
transfer of Arcade Street from Keller Parkway to the Maplewood/Little Canada border and Helen
Street from Beam Avenue to Lydia Avenue, an estimated $30,000 (the total compensation is
calculated from the County road reconstruction Cost Participation Policy, Resolution 9-1272, and
adjusted by Pavement Management System [{90-condition rating}/condition rating] 1993 Condition
Rating) upon presentation of billings from the construction contractor for reconstruction of these
segments of Arcade Street and Helen Street, and be it further
RESOLVED, that the County has improved the segment of Keller Parkway from Arcade Street
to .28 miles east to an acceptable level as calculated from the Pavement Management System ([{90-
condition rating}/condition rating] 1993 Condition Rating) and will make no payment to the City
from the County Roadway Consolidation Fund as just compensation for this jurisdiction transfer;
and be it further
RESOLVED, the City of Maplewood does hereby request the Ramsey County Engineer to take
the actions necessary to remove and redesignate the CSAH mileage currently assigned to Arcade
Street (County State Aid Highway 60) from Trunk Highway 36 to Keller Parkway, and from Keller
Parkway to the Maplewood/Little Canada border; and Keller Parkway (County State Aid Highway
22) from Arcade Street to County Road C; and Helen Street (County State Aid Highway 70) from
Beam Avenue to Lydia Avenue, and be it further
RESOLVED, that Maryland Avenue (MSAS 118) from Lakewood Drive to CenturyAvenuewill
be transferred from City of Maplewood jurisdiction to Ramsey County jurisdiction currently with
the roadways to be transferred to City jurisdiction; and be it further
RESOLVED, the Maplewood Engineer is authorized within the limits of this resolution to take
41 2-26-96
actions necessary to have the identified jurisdiction changes executed.
RESOLVED, by the City Council of the City of Maplewood that the roads described as follows:
to wit:
Arcade from Trunk Highway 36 to Keller Parkway
Arcade from Keller Parkway to the Maplewood/Little Canada Border
Keller Parkway from Arcade to County road C
Keller Parkway from Arcade to .28 miles East
Helen Street from Beam to Lydia
Be, and hereby established, located and designated as municipal state aid streets of said City, subject
to the approval of the commissioner of transportation of the State of Minnesota.
RESOLVED, that municipal state aid street status be revoked for Maryland Avenue from
Lakewood Drive to Century Avenue.
BE IT FURTHER RESOLVED that the City Clerkis hereby authorized and directed to forward
two certified copies of this Resolution to the Commissioner of Transportation for his consideration,
and that upon his approval of the designations and the revocation of said roads or portions thereof,
the same be constructed, improved, and maintained as municipal state aid street of the City of
Maplewood.
Seconded by Councihnember Carlson Ayes - all
6. Kohhnan Lake Overlook Park Land Acquisition
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the report.
c. Mayor Bastian moved to table this item to March 11, 1996.
Seconded by Councihnember Carlson Ayes - all
7. 1996 PAC Fees
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the report.
c. Councihnember Carlson moved to continue the existing Commercial P.A.C. Fees for
1996 and increase the 1996 residential P.A.C. fees to $225/individual, which,
according to the current formula, would be $765/single family.
Seconded by Councihnember Koppen Ayes - all
42 2-26-96
8. Schedule Public Hearing -North SL Paul-Helen/Bellaire Street Improvement
a. Manager McGuire presented the staff report.
b. Councilmember Carlson introduced the following Resolution and moved its adoption:
96-02-30
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING -PROJECT 95-18
WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to
prepare a report with reference to the improvement of Bellaire Avenue from Beam Avenue to Lydia
Avenue, City Project 95-18, by construction of street and utility improvements, and
WHEREAS, a consultant engineer has prepared the aforesaid report for the improvement
herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. The report of the consultant engineer advising this Council that the proposed improvement
on Bellaire Avenue, City Project 95-18 by construction of street and utility improvements
is feasible and should best be made as proposed, is hereby received.
2. The Council will consider the aforesaid improvement in accordance with the reports and
the assessment of benefited property for all or a portion of the cost of the improvement
according to MSA Chapter 429, at an estimated total cost of the improvement of $110,300.
3. A public hearing will be held in the Council Chambers of the City hall at 1830 East County
Road B on Monday, the 11th day of March, 1996, at 7 p.m. to consider said improvement.
The City Clerk shall give mailed and published notice of said hearing and improvement as
required by law.
Seconded by Mayor Bastian Ayes - all
9. Policies on Awarding Grants from Charitable Gambling Tax Fund
a. Manager McGuire presented the staff report.
b. Councilmember Carlson moved to adopt the following addition to the City Council
Policies on Awards From Charitable Gambling Tax Fund:
8) The City of Maplewood grants funds from lawful gambling taxes to support
City-related activities. The first priority is the granting of funds will be
given to the City of Maplewood. The City will consider funding requests by
other organizations which are used for City-related purposes.
Seconded by Councilmember Allenspach Ayes - all
K. VISITOR PRESENTATIONS
43 2-26-96
1. Betty Latham, 1287 Lark Avenue
a. Ms. Latham stated she was having problems regarding the status and use of the alley
behind her property and asked for assistance.
b. Council directed Ms. Latham to contact Community Development Director Coleman
and Assistant City Engineer Matthys for the information she needs.
L. COUNCIL PRESENTATIONS
1. High School Name
a. Councihnember Carlson remarked that the City had sent a letter to School District
622 some time ago regarding naming the new high school, and inquired what the
status is.
b. City Manager McGuire reported he had discussed the matter with former
superintendent Gaslin and with school board members and had been told we would be
getting information.
c. Councihnember Carlson moved to direct staff to send another letter to the School
District regarding naming the new high school.
2. Compost Site
a. Councihnember Rossbach commented that he had received some calls about the
compost site. Upon driving over to view the site, he found that the were large fenced
ponding areas and it appeared the storage area had been increased.
b. City Manager McGuire stated he is expecting a report on the compost site this week.
3. Goodrich Park
a. Councihnember Koppen commented on the concerns regarding the probable loss of
Goodrich Park. He stated he had been in contact with the developer who had
originally proposed the golf dome, found that he is still open to building in
Maplewood, and wondered if the Council would be interested in reconsidering their
votes on a golf dome.
b. Following discussion, it was the consensus of the Council that they would not change
their vote in regard to a dome at the originally proposed location, but if Ramsey
County would consider a different location and agree to screening, they might view it
differently.
M. ADMINISTRATIVE PRESENTATIONS
NONE
44 2-26-96
N. ADJOURNMENT OF MEETING
Councilmember Koppen moved to adjourn the meeting.
Seconded by Councilmember Allenspach Ayes - all
MEETING ADJOURNED AT 10:17 P.M.
Lucille E. Aurelius
City Clerk
45 2-26-96