HomeMy WebLinkAbout12-09-1996 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, December 9,1996
Council Chambers, Municipal Building
Meeting No. 96-25
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers,
Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Marvin C. Koppen, Councilmember Present
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Meeting 96-23, (November 25,1996)
Mayor Bastian moved to approve the minutes of Meeting No. 96-23 (November 25,1996)
as presented.
Seconded by Councilmember Carlson Ayes -all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
1. F-4 -Table second reading of the Sign Ordinance portion of the Plam~ing Fees
Ordinance to the first meeting in February, 1997.
2. Add L-1 Mayor's Update
Seconded by Councilmember Allenspach Ayes -all
EA. APPOINTMENTS/PRESENTATIONS
1. Human Relations Commission Appointment
a. Manager McGuire introduced the staff report
b. Councilmember Carlson moved to appoint Katie Thein ICimlinger to serve on the
Human Relations Commission from January 1, 1997 through December 1999.
Seconded by Councilmember Koppen Ayes - all
F. CONSENT AGENDA:
Councilmember Allenspach moved to amend Item F5, second reading of the Fire Protection
Ordinance, by removing "volunteer" and replacing with "paid on-call firefighters".
Seconded by Mayor Bastian Ayes - all
Councilmember Rossbach moved, seconded by Mayor Bastian; ayes -all, to approve the Consent
Agenda, Items Fl, F2, F4, and F6 thru F13 as recommended, and Item FS as amended. (Item F3 to be
voted on separately).
1 12-9-96
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 160,440.01 Checks #6854-#6873 Dated 11-3-96 thru 11-20-96
$ 230,681.74 Checks #29027-#29111 Dated 11-26-96
$ 3,864.00 Checks #6874-#6878 Dated 11-22-96 thru 11-27-96
$ 325,116.01 Checks #29116-#29192 Dated 12-3-96
$ 720,101.76 Total Accounts Payable
PAYROLL: $ 273,745.39 Payroll Checks and Direct Deposits Dated 11-27-96
$ 16,661.75 Payroll Deduction Checks Dated 11-27-96
$ 290,407.14 Total Payroll
57.010,SOR.90 GRAND TOTAL
2. Hazelwood Forest Final Plat (Barclay Street, North of County Road C)
Approved the Hazelwood Forest Final plat, subject to the following conditions:
1. The staff shall not release the plat for recording until the developer submits
the Final copy of the required deed restrictions and covenants to the staff.
This is for staff approval before he takes them to the County with the Final
plat.
2. The developer recording with Ramsey County the wetland easement, deed
restrictions and covenants required by the City. The wording of these
documents shall be subject to staff approval.
3. Plam~ing Commission Code Change (Second Reading)
MOVED TO END OF CONSENT AGENDA FOR SEPARATE VOTE
4. Increase in Community Development Service Charges (Second Reading)
Approved second reading of the following Ordinance increasing Community Development
Charges (after amending by tabling Section 2 relating to the Sign Code until the first
meeting in February 1997):
ORDINANCE 766
PLANNING FEES - 1997
Section 1. Section 36-26 of the Zoning Code of the City of Maplewood is hereby amended as
follows:
Section 36-26. Fees. The following nonrefundable application fees shall be required:
Zone Change $591
Conditional Use Permit:
Rl & R2 200
Other 623
Conditional Use Permit Revision:
Rl and R2 40
Other 129
Variances:
Rl and R2 118
Other 619
Vacations:
Rl and R2 126
Other 416
Lot Divisions (Fee per lot created):
Rl and R2 69
2 12-9-96
Other 222
Home Occupation Permit 131 <iniha~ permit)
49 (annual renewal)
Comprehensive Plan Amendment 816
Code Amendment 619
Planned Unit Development 957
Preliminary Plat 1,061 Preliminary Plat
Revision or Time Extension 168
Final Plat 282
Time Extensions/Renewals 119
Section 3. This Ordinance shall be take effect on January 1, 1997.
5. Fire Department Ordinance (Second Reading)
Approved second reading of the following Ordinance which establishes a City operated
Fire Department and changes the code regarding duties of the Fire Marshal and Fire
Chief.
ORDINANCE 767
FIRE PROTECTION
This Ordinance would occupy Article III, Code Sections 12-74 through Sections 12-78.
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AND RESOLVES:
Sec. 12-74. Fire Department Established.
There is continued a fire department consisting of a fire chief, fire office, and such number of
full-time, part-time and paid on-call firefighters as the City may employ.
Sec.12-75. Purpose.
The fire department shall be responsible for fire prevention, enforcement of the building code
and fire code, fire suppression, delivery of emergency medical services, emergency actions for
protection from release of toxic and dangerous or hazardous materials, and such other duties as are
prescribed by the manager.
Sec. 12-76. Fire Chief.
The fire department shall be under the direction of the fire chief. The fire chief shall report to
the manager.
Sec. 12-77. Paid on-call firefighters.
The fire chief may establish a paid on-call firefighter program and may adopt standards for the
employment of paid on-call firefighters, subject to the approval of the manager.
Sec. 12-78. Training and Drills.
The fire chief shall establish performance standards for the personnel of the fire department
and shall provide training and drills to meet said performance standards.
The following are changes required in the code to reflect the duties and power of the fire chief and
fire marshal due to the addition of the fire chief position within the City:
Sec. 12-73 (2)
Eliminate as this becomes the responsibility of the fire chief:
To provide direction, guidance, advice, and coordination of all paid on-call fire departments
3 12-9-96
located in the City and furnishing fire protection to properties within the City pursuant to contract
with the City.
Sec. 12-73 (3)
Change:
To arrange with such fire departments all necessary procedures for periodic and regular
inspection of public and private premises for fire prevention and safety.
To Read:
To establish all necessary procedures for periodic and regular inspection of public and private
premises for fire prevention and safety.
Sec. 12-73 (4)
Eliminate as this is the responsibility of the fire chief and the City is being provided fire service
from the municipal department:
To assist such paid on-call fire departments in all matters pertaining to internal organization,
training, reciprocity of assistance, State department rules, State retirement contributions,
underwriters regulations and all other matters pertaining to fire departments and to enforce the CSty
fire code.
Sec. 12-73 (5)
Change:
To plan for improvements and upgrading of fire protection within the City, to the ends that
greater efficiency will be achieved in fire prevention, firefighting, and insurance premium benefits;
and to present all such plans and proposals to the City Council for implementation and activation.
To Read:
To assist the fire chief in developing improvements and upgrading of fire protection within the
City, to the ends that greater efficiency and effectiveness will be achieved in fire prevention,
firefighting, and insurance premium benefits; and to present all such plans and proposals to the fire
chief for implementation.
With the adoption of this new ordinance and changes in the correct ordinance, this will reflect
the City=s fire service operation as of January 1, 1997.
6. Certification of Delinquent False Alarm Bills
Adopted the following Resolution certifying delinquent false alarm charges to the property
taxes of the property taxes collectible in 1997:
96-12-135
CERTIFYING DELINQUENT FALSE ALARM CHARGES TO TAXES PAYABLE IN 1997
RESOLVED, that the City Clerk is hereby authorized and directed to certify to the
Auditor of Ramsey County the following delinquent false alarm charges for certification
against the tax levy of said property owners for the year 1996, collectible in 1997 and which
includes interest at the rate of eight percent (8%) on the total amount for one year:
PROPERTY
ACCOUNT STREET ADDRESS IDENTIFICATION AMOUNT
All Tune & Lube 2525 White Bear Avenue 11-29-22-22-0027 $ 27.00
Circuit City 1940 E. County Road D 02-29-22-22-0001 108.00
Home Depot 2360 White Bear Avenue 11-29-22-31-0056 216.00
Taco Bell 1965 E. County Road D 35-30-22-34-0014 43.00
TOTAL 394.00
4 12-9-96
7. Suburban Rate Authority, Amendments to Joint and Cooperative Agreement
Approved and authorized execution of an amended joint and cooperative agreementforthe
Suburban Rate Authority.
8. Police and Fire Service Contracts with City of Landfall
Approved and authorized execution of agreements for police and fire services with the
City of Landfall.
9. Fire Protection Services Contract with City of Oakdale
Approved and authorized execution of agreements for fire protection services with the
City of Oakdale for 1997.
10. Liquor License -Michael E. O'Connor (New Manager - ChiChi's)
Approved the application of Michael E. O'Connor to hold a liquor license as the manager
of Chi-Chi's at 3069 N. White Bear Avenue.
11. Cope Avenue Bituminous Overlay, Project 96-11 -Final Payment
Adopted the following Resolutions approving Change Order No. 2 for Project 96-11,
accepting the project as complete and authorizing release of Final payment of $13,819.76to
the contractor and increase of the budget by $40,000.00:
96-12-135
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT -PROJECT 96-11
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 96-11, Cope Avenue Bituminous Mill and Overlay and has let a
construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 96-11 Change Order 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order 2 in the amount of
$7,297.34. The revised contract amount is $217,106.99
The Finance Director is hereby authorized to make the Fmancial transfers necessary to
implement the Fmancing plan for the project. The project budget is increased by
$40,000.00. The project budget is as follows:
State Aid $250,000.00
TOTAL $250,000.00
96-12-137
ACCEPTANCE OF PROJECT 96-11
WHEREAS, the City Engineer for the City of Maplewood has determined that Cope
Avenue, Bituminous Mill and Overlay, City Project 96-11, is complete and recommends
acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that City Project 96-11 is complete and maintenance of
these improvements is accepted by the City. Release of any retainage or escrow is hereby
authorized.
5 12-9-96
12. Sterling Street, Project 93-08 -Final Payment
Adopted the following Resolutions accepting Project 93-08 and authorizing Final payment
of $4,000.00 to the contractor:
96-12-138
ACCEPTANCE OF PROJECT 93-08
WHEREAS, the City Engineer for the City of Maplewood has determined that
Sterling Street & Schaller Drive Utility & Street Improvements, City Project 93-08, is
complete and recommends acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that City Project 93-08 is complete and maintenance of
these improvements is accepted by the City. Release of any retainage or escrow is hereby
authorized.
13. Park Dedication Fees
Authorized increasing the residential P.A.C. fees to $300/dwelling unit, with no increase in
the commercial industrial rates.
3. Plam~ing Commission Code Change (Second Reading)
Approve second reading of the following Ordinance:
ORDINANCE 768
AN ORDINANCE OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA,
AMENDING PARTS OF CHAPTER 25 OF THE CITY CODE ABOUT THE PLANNING COMMISSION
THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN:
Section 1. This section changes Section 25-17 as follows:
The Maplewood City Council establishes for a City a Plam~ing Commission as an advisory
board to the City Council, as provided in Minnesota Statutes, Sections 462.351 through
462.364.
Section 2. This section changes Section 25-18 as follows:
Sec. 25-18. Advisory body; exceptions.
All actions of the advisory Plam~ing Commission shall be in the nature of recommendations
to the City Council, and the said Commission shall have no Final authority about any
matters, except as the Council may lawfully delegate authority to it.
Section 3. This section changes Section 25-19 as follows:
Sec. 25-19. Composition; appointment; qualifications; terms.
(a) The Plam~ing Commission shall have nine (9) members appointed by the CSty Council
The members shall be residents of the City and may not hold an elected City public
office. When possible, the Council shall select Commission members to represent the
various areas of the City and to help meet the needs of the residents.
(b) The City Council shall appoint members of the Plam~ing Commission for three (3)
year terms. The City shall divide the membership into three groups of three members
each. The terms of the three members in the same group shall end in the same year.
If the appointment is to Fill a vacancy, the appointment would be to Finish the
unexpired part of the vacated terms. All terms shall expire on December thirty-first
6 12-9-96
of the year in which the appointment ends.
Section 4. This section changes Section 25-20 as follows:
Sec. 25-20. Officers generally.
The Plam~ing Commission shall elect a chairperson and a vice chairperson at the second
Plam~ing Commission meeting in January each year. The Chairperson shall be responsible
for calling and presiding at meetings and shall have an equal vote with other members of
the Commission If the chairperson is not at a meeting, the vice chairperson shall assume
the duties of the chairperson for that meeting. If the chairperson resigns from or is
otherwise no longer on the Plam~ing Commission, the vice chairperson shall become the
acting chairperson until the Plam~ing Commission can hold an election for new officers.
(Section 25-21 and Section 25-22 (below) remain unchanged.)
Sec.25-21. Vacancies.
(a) Any of the following may cause the office of a plam~ing commissioner to become
vacated:
(1) Death, or removal from the City.
(2) Disability or failure to serve, as shown by failure to attend four (4) meetings
in any year, may be cause for removal by Council majority, unless good
cause can be shown to the Council.
(3) Resignation in writing.
(4) Taking of public office in the City.
(b) Vacancies shall be Filled by the Council for the unexpired portion of the vacated term.
Sec. 25-22. Officers; meetings; rules of procedure; public attendance.
(a) The Plam~ing Commission shall elect its own officers, establish meeting times, and
adopt its own rules of procedure to be reviewed and approved by the city Council.
(b) All meetings of the Plam~ing Commission shall be open to the public.
Section 5. This section changes Section 25-23 as follows:
Sec. 25-23. Duties and responsibilities.
The duties of the Plam~ing Commission shall be as follows:
(1) To prepare and recommend a comprehensive plan of development for the City.
(2) To conduct hearings and make recommendations to the City Council about the
adoption of the City comprehensive plan and any amendments thereto. The
comprehensive plan certified and adopted by the City Council shall be recognized as
the City official comprehensive plan.
(3) To study and make recommendations to the City Council about implementing the
comprehensive plan and any land use regulations.
(4) To study and make recommendations to the City Council about zoning code
amendments.
(5) To review, prepare and make a report to the City Council by the second City Council
meeting in February of each year regarding the Commission's activities in the past
year and major projects for the new year.
(6) To maintain a liaison and coordination with government and private agencies so that
the City Council may be familiar with the plam~ing activities of such agencies in order
7 12-9-96
to establish an order of plam~ing and development unity for the City.
(7) To review and recommend on or before June 30 of each year a capital improvements
program to the City Council, which is designed to accomplish the comprehensive plan
for the City.
(8) To review and make recommendations to the City Council on development
applications, such as rezonings, conditional use permits, variances, vacations,
preliminary plats and home occupation licenses.
(9) To accept such other and further duties as may, from time to time, be directed by the
City Council, including conducting hearings.
(Section 25-24 (below) remains unchanged.)
Sec. 25-24. Compensation; expenses.
All members of the Plam~ing Commission shall serve without compensation. However,
approved expenses of the Plam~ing Commission shall be paid from available City funds.
Section 6. This section changes Section 25-25 as follows:
Sec. 25-25. City staff responsibilities.
Subject to the direction of the City Manager, the Plam~ing Commission and its
chairperson, the Community Development Director shall:
(a) Conduct all correspondence of the Commission.
b) Send out all required notices.
c) Attend all meetings and hearings of the Commission
Keep the dockets and minutes of the Commission's proceedings.
Keep all required records and Files.
( Maintain the Files and indexes of the Commission.
Section 7. This section changes Section 25-26 as follows:
Sec. 25-26. Same -City Engineer; City Attorney; City Inspectors; other CSty employees.
(a) The City Engineer and the City Attorney shall be aailable to the Plam~ing
Commission. The said Engineer and Attorney shall have the right to sit in with the
Commission at all meetings, but shall not be entitled to vote as a member of said
Commission.
(b) All City inspectors and other regular employees or personnel of the City shall
cooperate with the Plam~ing Commission, make themselves available and attend
meetings, when requested to do so.
Section 8. This Ordinance shall take effect after the City Council approves it and after
the official newspaper publishes it.
VOTE: Ayes - Mayor Bastian, Councihnembers
Allenspach, Carlson, Koppen
Nays - Councihnember Rossbach
G. PUBLIC HEARINGS
1. 7:00 P.M.(7:12 P.M.): Proposed 1997 Budget and Property Taxes
a. Mayor Bastian convened the meeting for a public hearing regarding the proposed
1997 budget and property taxes.
b. Manager McGuire introduced the staff report
8 12-9-96
Citizen Comments
c. Mayor Bastian opened the public hearing, calling for proponents or opponents. No
one appeared.
d. Mayor Bastian closed the public hearing.
Council Discussion
Resolution to Adopt the 1997 Budget
e. Councilmember Rossbach introduced the following Resolution and moved its
adoption•
96-12-139
ADOPTING A BUDGET FOR 1997
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA
that a budget for 1997 is hereby adopted as outlined in the following summary:
CAPITAL DEBT
OPERATING IMPROVEMENTS SERVICE
BUDGET BUDGET BUDGET
Estimated Balances 01/01/97 $ 10,512,842 $2,458,841 $6,725,277
Revenues 21,105,070 3,475,330 2,122,080
Net other increases (decreases) 418,790 1,736,760 929,180
Expenditures 21,233,140 4 555 880 3 864 090
Estimated Balances 12/31/97 $ 10,803,562 3,115,051 5,912,447
BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 1997
Operating Budget:
GENERAL FUND: DEPARTMENT
$ 803,450 Community Development
541,570 Finance
1,313,110 Fire
2,187,840 General Government
1,011,950 Parks and Recreation
4,243,250 Police
1,771,000 Public Works
$11,872,170 GENERAL FUND TOTAL
CHFA~yRITAB~iL~E,FGAMguBLING T~AFX~~F?UND: 710,p0p0p0 ~G~e~neral Government
~iQH~~D-Yl)I~ER~I~~~FU1vD:D' 1;810 Po6ceal Government
HAZARDOUS MATERIALS FUND: 10,820 General Government
RECREATION PROGRAM FUND: 554,590 Parks and Recreation
RECYCLING FUND: 220,740 Community Development
COMMUNITY CENTER FUND: 1,774,720 Parks and Recreation
SANITARY SEWER FUND: 3,375,630 Public Works
WATER FUND: 43,590 Public Works
V.E.M. FUND: 410,540 Public Works
DATA PROCESSING FUND: 339,890 General Government
PAYROLL BENEFITS FUND: 2,535,640 General Government
$21,233,140 TOTAL OPERATING BUDGET
APPROPRIATIONS
BE IT FURTHER RESOLVED that the expenses for the Community Center Operations Fund may exceed
the appropriation provided that the net loss for 1997 is less than $133,560.
BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 1997 Capital
Improvements Budget:
9 12-9-96
CAPITAL IMPROVEMENT PROJECTS FUND $ 250,050
OPEN SPACE LAND ACQUISITION FUND 501,430
PARK DEVELOPMENT FUND 1,164,770
PUBLIC IMPROVEMENT PROJECTS 2,943,890
STREET CONSTRUCTION STATE AID FUND 850
TAX INCREMENT FUND 196,270
WATER AVAILABILITY CHARGE E NO. ST. PAUL 50
TOTAL CAPITAL IMPROVEMENTS
BUDGET APPROPRIATIONS $4,555,880
BE IT FURTHER RESOLVED that the Finance Director shall establish a budget for each public
improvement project when the Council orders the project and that the budget amounts shall be recorded at
amounts specified in the feasibility study for the project.
BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 1997 Debt
Service Budget:
$2,200,000 Principal
1,622,190 Interest
5,430 Paying Agent Fees
21,290 Interest E Interfund Loans
15,180 Investment Management
3,864,090 TOTAL DEBT SERVICE BUDGET APPROPRIATIONS
BE IT FURTHER RESOLVED that the above budgets for Governmental Funds are hereby adopted for
Fmancial reporting and management control.
BE IT FURTHER RESOLVED that the above budgets for all other funds are hereby adopted for
management purposes only.
BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts within a
department budget or within anon-departmental expense category, within a fund, shall only require the
approval of the City Manager.
BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended atthe end
of the fiscal year shall lapse and shall become part of the unencumbered fund balance which may be
appropriated for the next fiscal year except appropriations for capital improvement projects which shall not
lapse until the project is completed or canceled by the City Council.
Seconded by Councihnember Allenspach Ayes - all
Resolution to Adopt the Tax Levy for 1997
i. Councihnember Rossbach introduced the following Resolution and moved its
adoption•
96-12-140
RESOLUTION CERTIFYING TAXES PAYABLE IN 1997
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA
that:
1. The following amounts of taxes be levied for 1996, payable in 1997, upon the net tax capacity in said City
of Maplewood, for the following purposes:
Operations $5,529,980
Capital Improvements 370,000
Debt Service 1,108,400
TOTAL LEVY $7,424,880
10 12-9-96
2. In addition, there is a $416,500 market value based referendum levy for 1996 payable in 1997 to
Finance the debt service on the 1994 Open Space Bonds.
3. There is on hand in the following sinking funds excess amounts as indicated after each fund and
such shall be used to pay on the appropriate obligations of the City:
DESCRIPTION
1967 General Obligation Sanitary Sewer Bonds $12,000
1977 Public Works Building Bonds 3,500
1977 General Obligation Improvement Bonds Series 1 27,700
1977 General Obligation Improvement Bonds Series 2 11,000
1979 General Obligation Improvement Bonds 2,000
1989 General Obligation Improvement Bonds 13,430
1992 General Obligation Refunding Bonds Series 1992A 363,757
1993 Equipment Certificates Series 1993A 967
1993 Tax Increment Bonds Series 1993B 18,603
1993 General Obligation Refunding Bonds Series 1993C 50,846
1994 Open Space Bonds 17 526
TOTAL 521,329
In accordance with Minnesota Statues 475.61 and 273.13, Subd.19 (3), (a), (b), (c), and Chapter297a and
Chapter 162 of Minnesota Statues, the County Auditor of Ramsey County is hereby authorized and
directed to reduce by the amounts above mentioned the tax that would otherwise be included in the rolls
for the Year 1996 and collectible in 1997.
4. It has been determined that the following sinking funds have insufficient projected assets to meet
projected liabilities, as required by State Statute, and original resolution levying ad-valorem taxes must
be increased by the following amounts:
1977 Refunding Bonds $39,300
1989 Tax Increment Bonds 7,570
1990 General Obligation Improvement Bonds 107,190
1991 General Obligation Improvement Bonds Series 1991A 5,696
1995 General Obligation Improvement Bonds Series 1995A 14,000
TOTAL $173,756
5. Changes set forth in 3 and 4 sections above result in a net decrease of $347,573 in the scheduled levy of
$1,872,473.
Seconded by Councilmember Allenspach Ayes - all
2. 7:20 P.M.(7:22 P.M.): Wetland Buffer Setback Variance, General Sprinkler
Corporation (Co.Rd.D)
a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to
build a 13,200 square foot, one story building on the south side of County Road D,
east of Highway 61.
b. Manager McGuire introduced the staff report
c. Director of Community Development Coleman presented the specifics ofthe repork
d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following
persons were heard:
Frank Winiecki - 12760 Falcon Court N, White Bear Lake, the applicant
Ralph Sletten, 2747 North Clarence Street
e. Mayor Bastian closed the public hearing.
11 12-9-96
f. Councilmember Koppen introduced the following Resolution and moved its
adoption•
96-12-141
WETLAND SETBACK VARIANCE RESOLUTION -COUNTY ROAD D, EAST OF TH61
WHEREAS, Mr. Frank Winiecki of General Sprinkler Corporation applied for a variance
from the zoning ordinance.
WHEREAS, this variance applies to property on the south side of County Road D, east of
Highway 61. The legal description is:
Tract A, 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 40-foot-wide wetland buffer.
WHEREAS, this requires a variance of 60 feet.
WHEREAS, the history of this variance is as follows:
1. On November 18, 1996, the Plam~ing Commission recommended that the City Council
approve this variance.
2. The City Council held a public hearing on December 9, 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. The variance would be in keeping with the spirit and intent of the ordinance. The
Ramsey-Washington Metro Watershed District has classified the adjacent wetland as a
Class 1 wetlandBthe most significant wetland type. The proposed variance would not be
excessive and would still protect the wetland, which is the intent of the ordinance.
2. The applicant has shown that strict enforcementwould cause undue hardship because of
circumstances unique to the property and not created by the property owner. Undue
hardship means the owner or developer cannot put the property to a reasonable use ifthe
City denies the variance. The 100-foot-wide wetland buffer requirement would make
development of this site difficult. The wetland ordinance created the difficulty and the
proposed variance is not excessive.
3. The proposal offers protection to the wetland for wildlife habitat and aesthetic
enhancement, which are also functions of a wetland buffer.
Approval is subject to the applicant doing the following:
1. Submitting a certificate of survey for the area that shows the location of:
a. The ditch and wetland to the south and east of the site.
b. The ditch and wetland to the west of the site.
c. All property lines.
d. County Road D and any existing utilities.
e. The existing culverts for the ditches on either side of the site.
f. The location, size and species of any large trees on the site.
2. Submitting a grading and landscaping plan for the perimeter areas of the site between the
driveways and parking lot and the wetland edge (including the wetland buffer). This plan shall
be subject to the requirements of the City staff and the Ramsey-Washington Metro Watershed
District.
12 12-9-96
3. Dedicating awetland-buffer easement. This easement shall be prepared by a land surveyor,
shall describe the boundary of the buffer and shall 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.
4. Follow the site plan date-stamped November 1,1996, subject to any changes required by City
staff or the community design review board (CDRB).
5. Accepting responsibility for any necessary maintenance and upkeep of the ponding area and
any sump catch basins.
Seconded by Councihnember Rossbach Ayes - all
3. 7:45 P.M.(7:50 P.M.): Maplewood Imports, 2780 Maplewood Drive
a. Mayor Bastian convened the meeting for a public hearing regarding a proposal by
Maplewood Imports to build a 9,957 square foot addition onto the south side oftheir
business at 2780 Maplewood Drive.
b. Manager McGuire introduced the staff report.
c. Director of Community Development presented the specifics of the report.
d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following
persons were heard:
Brian Rathke, Ryan Companies, the builder
Doug Mulder, 2780 N. Hwy 61, General Manager, Maplewood Imports
John Dietrich, RLK and Associates, Engineering Architects
Ralph Sletten, 2747 Clarence Street
e. Mayor Bastian closed the public hearing.
Wetland Buffer Setback Variance
f. Councihnember Koppen introduced the following Resolution and moved its
adoption•
96-12-142
ZONING CODE VARIANCE - 2780 NORTH HIGHWAY 61
WHEREAS, Ryan Construction Company of Minnesota, Inc, applied for a variance from the
zoning ordinance.
WHEREAS, this variance applies to property at 2780 North Highway 61. The legal
description is:
Lots 97, 98 and 99 of GARDENA ADDITIONAL OF RAMSEY COUNTY,
Minnesota together with the west 1/2 of vacated English Street lying between
the Easterly extension of the North line of said Lot 97 and Easterly extension of
the South line of said Lot 99.
The North 114 feet of Lots 16 and 17, KOHLMAN=S LAKEVIEW
ADDITION, Ramsey County, Minnesota.
The Northerly 300 feet of Lot 14 and all of Lot 15, KOHLMAN=S LAKEVIEW
ADDITION, Ramsey County, Minnesota.
At that part of the Northeast 1/4 of the South east 1/4 of the Southeast 1/4 of
Section 4, Township 29, Range 22, which lies East of the Easterly right ofway of
Trunk Highway No. 61, and North of a line described as follows: Begim~ing ata
point distant 531.75 feet West and 122 feet South of the Northeast corner ofthe
above-described fraction of Section 4, thence running Northwesterly atarange
of approximately 66 degrees, 28 minutes, from said point 107 feet, more or less
to a point on the Easterly right ofway line of said Highway No. 61, which said
point is 90 feet Southwesterly from the point of intersection of said Easterly
13 12-9-96
right of way line with the North line of said quarter-quarter-quarter section tote
except that part platted as KOHLMAN=S LAKEVIEW ADDITION.
The North one-half of Lot Twelve (12) of KOHLMAN=S LAKEVIEW
ADDITION, Ramsey County, Minnesota together with that part of vacated
English Street lying within the SE 1/4 of Section 4, Township 29, Range 22 and
lying between the Easterly extension of the North line of Lot 12, KOHLMAN=S
LAKEVIEW ADDITION, and the Easterly extension of the South line of the
North 1/2 of Lot 12, KOHLMAN=S LAKEVIEW ADDITION.
The North 300 feet of Lot Thirteen (13) of KOHLMAN=S LAKEVIEW
ADDITION, Ramsey County, Minnesota.
The North Half (N 1/2~ of Lot Eighteen (18), KOHLMAN=S LAKEVIEW
ADDITION, Ramsey ounty, Minnesota, according to the recorded plat
thereof, together with an easement for ingress and egress over the West 10 feet
of the South Half of Lot Eighteen (18), KOHLMAN=S LAKEVIEW
ADDITION, Ramsey County, Minnesota.
The North 335.00 feet of Lots 73 and 74, GARDENA ADDITION to Ramsey
County, Minnesota; and the East 40 feet of English Street, vacated, lying
between the Westerly extensions across said street of the North line of Lot 74
and the South line of the North 335.00 feet of Lot 74, all in GARDENA
ADDITION to Ramsey County, Minnesota.
WHEREAS, Section 36-196(h)(3) of the wetland protection ordinance requires a wetland
buffer with an average width of 1 eet and a minimum width of 50 feet.
WHEREAS, the applicant is proposing a buffer with a minimum width of zero feet. The
average proposed buffer width would be 72 feet wide.
WHEREAS, this requires a variance of 50 feet from the minimum buffer width requirement
and 28 feet from the average buffer width requirement.
WHEREAS, the history of this variance is as follows:
1. On November 18, 1996, the Planting Commission recommended that the City
Council approve this variance.
2. The City Council held a public hearing on December 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 Planting Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
variance for the following reasons:
1. Strict enforcement of the code would cause undue hardship because of
circumstances unique to the property. The hardship is caused by an old excavation
on the site which evolved into aloes-quality wetland. Due to its connection to a large,
higher-quality wetland, the property owner would be required, by code, to provide a
50-foot setback.
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 by the pre-treatment
of storm runoff prior to its discharge into the wetland.
Approval is subject to the applicant doing the following:
1. Submitting a grading and landscaping plan subject to the requirements of the City
staff and 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
14 12-9-96
buffer. The applicant shall record the deed for this easement before the City will
issue a building permit.
3. Accepting responsibility for any necessary maintenance and upkeep of the sump
catch basins and any ponding areas or inFdtration ditches.
Seconded by Councihnember Carlson Ayes - Mayor Bastian, Councihnembers
Allenspach, Carlson, Koppen
Nays - Councihnember Rossbach
g. Councihnember Koppen introduced the following Resolution and moved its
adoption•
96-12-143
CONDITIONAL USE PERMIT - 2780 NORTH HIGHWAY 61
WHEREAS, Ryan Construction Company applied for a conditional use permit to add onto an
auto dealership building. The addition would be within 350 feet of a residential lot line.
WHEREAS, this permit applies to Maplewood Imports at 2780 North Highway 61.
The legal description is:
Lots 97, 98 and 99 of GARDENA ADDITIONAL OF RAMSEY COUNTY,
Minnesota together with the west 1/2 of vacated English Street lying between
the Easterly extension of the North line of said Lot 97 and Easterly extension of
the South line of said Lot 99.
The North 114 feet of Lots 16 and 17, KOHLMAN=S LAKEVIEW
ADDITION, Ramsey County, Minnesota.
The Northerly 300 feet of Lot 14 and all of Lot 15, KOHLMAN=S LAKEVIEW
ADDITION, Ramsey County, Minnesota.
At that part of the Northeast 1/4 of the South east 1/4 of the Southeast 1/4 of
Section 4, Township 29, Range 22, which lies East of the Easterly right ofway of
Trunk Highway No. 61, and North of a line described as follows: Begim~ing ata
point distant 531.75 feet West and 122 feet South of the Northeast corner ofthe
above-described fraction of Section 4, thence running Northwesterly atarange
of approximately 66 degrees, 28 minutes, from said point 107 feet, more or less
to a point on the Easterly right ofway line of said Highway No. 61, which said
point is 90 feet Southwesterly from the point of intersection of said Easterly
right of way line with the North line of said quarter-quarter-quarter section lme
except that part platted as KOHLMAN=S LAKEVIEW ADDITION.
The North one-half of Lot Twelve (12) of KOHLMAN=S LAKEVIEW
ADDITION, Ramsey County, Minnesota together with that part of vacated
English Street lying within the SE 1/4 of Section 4, Township 29, Range 22 and
lying between the Easterly extension of the North line of Lot 12, KOHLMAN=S
LAKEVIEW ADDITION, and the Easterly extension of the South line of the
North 1/2 of Lot 12, KOHLMAN=S LAKEVIEW ADDITION.
The North 300 feet of Lot Thirteen (13) of KOHLMAN=S LAKEVIEW
ADDITION, Ramsey County, Minnesota.
The North Half (N 1/2~ of Lot Eighteen (18), KOHLMAN=S LAKEVIEW
ADDITION, Ramsey ounty, Minnesota, according to the recorded plat
thereof, together with an easement for ingress and egress over the West 10 feet
of the South Half of Lot Eighteen (18), KOHLMAN=S LAKEVIEW
ADDITION, Ramsey County, Minnesota.
The North 335.00 feet of Lots 73 and 74, GARDENA ADDITION to Ramsey
County, Minnesota; and the East 40 feet of English Street, vacated, lying
between the Westerly extensions across said street of the North line of Lot 74
15 12-9-96
and the South line of the North 335.00 feet of Lot 74, all in GARDENA
ADDITION to Ramsey County, Minnesota.
WHEREAS, the history of this conditional use permit is as follows:
1. On November 18, 1996, the Plam~ing Commission recommended that the City
Council approve this permit.
2. On December 12, 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, 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.
10. There would not be a significant affect on the development of the parcel as zoned.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the City. The Director of
Community Development may approve minor changes.
2. The proposed construction must be started within one year of 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.
4. Applicant is to submit a report to the council on an annual basis on the sump catch
basin effectiveness and maintenance activities and schedules.
5. Applicant shall submit a landscape plan which indicates seed plan mixture for buffer
areas as suggested by the Ramsey/Washington County Watershed District.
6. Applicant shall submit a tree buffer plan for the southern area of the site to include
the use of native species as approved by the Ramsey/Washington County Watershed.
16 12-9-96
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Koppen
Nays - Councilmember Rossbach
Design Approval
h. Councilmember Koppen moved approve the plans date-stamped September27,1996
for the building and parking lot expansion of Maplewood Imports, 2780 North
Highway 61, subject to the property owner doing the following:
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 dedicate and record a
wetland-buffer easement. This easement shalldescribetheboundaryofthe
buffer and prohibit any building, mowing, cutting, Filling or dumping
within the buffer.
3. The applicant shall complete the following before occupying the building:
a. Paint all proposed roof-mounted equipment visible from streets
or adjacent property. The color must match the building color.
(code requirement)
b. Aim or shield all exterior site lights as required by code so they
are not a nuisance to any neighbors.
4. Keep the trash storage and dumpster areas clean and picked up. If a
problem develops, the City may require additional dumpster space and/or
an enclosure at the time of future conditional use permit reviews.
5. 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.
6. This approval does not include the signs. Signage will be reviewed by staff
through the sign permit process.
7. All work shall follow the approved plans. The Director of Community
Development may approve minor changes.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Koppen
Nays - Councilmember Rossbach
4. 8:00 P.M. (8:43 P.M.): Tower and Antenna Ordinance (First Reading)
a. Mayor Bastian convened the meeting for a public hearing regarding regulations
about commercial use antennas and towers in Maplewood,
b. Manager McGuire introduced the staff report.
c. Director of Community Development presented the specifics of the report.
d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following
persons were heard:
Peter Beck, AT&T Wireless Services
17 12-9-96
Larry Martin, Attorney, American Portable Communications
Linda Whitman, Technician, American Portable Communications
Steve Mangold, U. S. West
Deb Garras, U. S. Sprint, Inc.
Kevin Berglund, 1929 Kingston Avenue
Bob Zick, 5158 Granada Avenue N., Oakdale
e. Mayor Bastian closed the public hearing.
f. Councihnember Carlson moved to approve first reading of the proposed ordinance
about commercial use antennas and towers in Maplewood with corrected
terminology and deFinition of terms:
Terminology: UBC -Uniform Building Code
PCS -Personal Communication Services
DeFmition: UHF
VHF
Seconded by Councihnember Allenspach Ayes - all
g. Councihnember Carlson moved to extend the City's moratorium on antennas and
towers from December 18, 1996 to January 14, 1997 or longer if Council Fmds it
necessary, and to schedule second reading of the proposed ordinance on January 13,
1997.
Seconded by Councihnember Koppen Ayes - all
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1. Highwood 4th Addition Preliminary Plat (South of Highwood Ave., West of Lakewood Dr.)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics ofthe report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The
following persons were heard:
Bruce Cunningham, 2329 Oak Heights Court E
Arthur Werthauser, Roar Development, 2795 Hwy 55 E., Eagan
MaryLee Maida, 2322 Highwood Avenue
Thomas Maida
Bill Kortus,1050 South McKnight
Peter Sullivan, 1022 Lakewood
Paul & Debra Madsen, 2360 Mamie (letter delivered by Peter Sullivan and
read by the Mayor)
Dawn Deare, 1043 Lakewood Drive South
Bruce Cunningham, 2329 Oak Heights Court E
Brian Schmidt, 2344 Highwood Avenue
Charles DeSotto, Attorney representing the Maida's
David Warner, 1063 Lakewood Drive South
Alexis Warner, 1063 Lakewood Drive South
Marcia Willis, 1053 Lakewood Drive South
Bill Tingerthal, 2434 Southcrest Avenue
Joel Wend1,1060 McKnight Road South (submitted letter)
d. Councihnember Rossbach moved approval of alteration of a slope over25 percentin
grade for the construction of Highwood Estates No. 4 preliminary plat, based on the
followinp•
1 The degree of alteration will not affect the basic character of the slope;
2~ The alteration will not affect the importance of the slope to the character
of the area;
3) The Council approved a similar request in 1987 for the Gonyea Company
18 12-9-96
to build the Oak Heights development in the area.
Seconded by Councilmember Koppen Ayes - Mayor Bastian, Councilmembers
Allenspach, Koppen, Rossbach
Nays - Councilmember Carlson
e. Councilmember Rossbach moved to approve the Highwood Estates No. 4
preliminary plat (received by the City on June 19, 1996), with the following
conditions to be completed by the developer before the City Council approves the
Final plat:
1. Sign an agreement with the City that guarantees that the developer or
contractor will:
a. Complete all grading for overall site drainage, complete all public
improvements and meet all City requirements.
b.* Place temporary orange safety fencing, silt fence and signs at the
grading limits.
c. Have NSP install street lights in three locations, primarily at street
intersections. The exact location and type of lights shall be subject to
the City Engineer-s approval.
d. Pay the City for the cost of traffic-control, street identification and
no-parking signs.
e. Provide all required and necessary easements.
f. Demolish or move the existing shed behind 2322 Highwood Avenue
on proposed Lot 11, Block 1. Abandon any wells or septic systems
within the plat, subject to the Environmental Health Official=s
approval.
2. * Have the City Engineer approve Final construction and engineering plans.
These plans shall include grading, utility, drainage, erosion control, tree
and street plans. The plans shall meet the following conditions:
a. The erosion control plans shall be consistent with the City code.
b. The grading plan shall:
(1) Include proposed building pad elevation and contour
information for each home site.
(2) Include contour information for the land that the street
construction will disturb.
(3) Provide a permanent stormwater detention pond to control the
rate of discharge from the development to pre-development
levels at the end of the storm water pipe between Lots 6 and 7,
Block 1 near the existing pond.
(4) Show housing styles that reduce the grading on sites where the
developer can save large trees.
(5) All proposed slopes steeper than 3:1 shall be identified on the
proposed construction plans. The City Engineer shall approve
the plans, specifications and management practices for any
slopes steeper than 3:1.
(6) Show all retaining walls on the plans. Any retaining walls more
than 4 feet tall require a building permit from the City.
(7) Be revised to show the undisturbed buffer areas as described in
the letter dated November 26, 1996. These shall include:
(a) On the east side of the development, provide at least a 15-
foot-wide undisturbed buffer on Lots 4 and 5, Block 2.
(b) On the south side of the development, provide at least a 30-
foot-wide undisturbed buffer on Lot 3, Block 1.
(c) On the west side of the development, provide at least a 40-
foot-wide undisturbed buffer on Lots 8 and 9, Block 1.
c. Change the plat to show the street curves next to Lots 2-5 and Lots 8-
11, Block 1 with a minimum of a 150-foot radius on the centerline.
Also change the lot lines in the plat to make them radial to the new
street centerlines.
d. Change the grading and utility plans to follow the revised street and
lot design required in Condition 2(c) above. In addition, move the
proposed sanitary sewer line between Lots 9 and 10, Block 1 to
between Lots 10 and 11, Block 1. This change is to drop one manhole
19 12-9-96
and to lessen the amount of sewer pipe. This sewer line change may
require changing the grading plan to make the grades meet City
standards.
e. Provide a tree plan for the City Engineer-s approval before grading
or £mal plat approval. This plan shall show where the developer will
remove, save, move or replace large trees. This plan also must show
the size, species and location of any trees that the developer will plant
as replacement trees. All deciduous trees the developer plants shall be
at least 2-1/2 inches in diameter. There shall be no tree removal
beyond the approved grading and tree limits.
f. The streets shall be 28 feet wide from face to face of the concrete curb
and gutter with no parking on one side.
g. That there be 25-foot front yard setbacks allowed at the discretion of
staff if it helpd the grading problems.
3. Change the plat as follows:
a. Add and change drainage and utility easements as required by the
City Engineer.
b. Show drainage and utility easements along all property lines on the
£mal plat. These easements shall be ten feet wide along the front and
rear property lines and five feet wide along the side property lines.
c. Show Nemitz Court as Maida Court on the £mal plat and construction
plans.
4. Provide all easements required by the City Engineer.
5. The developer shall complete all grading for public improvements and
overall site drainage. The City Engineer shall include in the developers
agreement any grading that the developer or contractor has notcompleted
before £mal plat approval.
If the developer decides to £mal plat part of the preliminary plat, the Director of
Community Development may waive any conditions that do not apply to the £mal plat.
* The developer must complete these conditions before the City issues a grading
permit or approves the £mal plat.
Seconded by Councihnember Koppen Ayes - Mayor Bastian, Councihnembers
Allenspach, Koppen, Rossbach
Nays - Councihnember Carlson
f. Councihnember Rossbach introduced the following Resolution and moved its
adoption•
96-12-144
STREET WIDTH CODE VARIATION - HIGHWOOD ESTATES NO. 4
WHEREAS, Mr. Arthur Werthauser of Roar Development requested a variation from the
City code.
WHEREAS, this code variation applies to the Highwood Estates No. 4 development that is
south of Highwood Avenue, west of Lakewood Drive and east of McKnight Road.
WHEREAS, the legal description for this property is:
That part of the Northwest Quarter of the Southwest Quarter of Section 13,
Township 28, Range 22, Ramsey County, Minnesota; described as follows;
Lot 2 and the West one half of Lots 5 and 6, Highwood Heights; Part of Lot 1
and part of the East one half of Lots 5 and 6 of Highwood Heights; Lot 3, except
the North 396 feet of the West 110 feet of Highwood Heights.
WHEREAS, Section 29-52(a)(9) of the Maplewood City Code requires that local residential
streets shall be 32 feet in width, measured between faces of curbs.
WHEREAS, the applicant is proposing 28-foot-wide streets with no parking on one side.
20 12-9-96
WHEREAS, this requires a variation of four feet.
WHEREAS, the history of this variation is as follows:
The Maplewood Plam~ing Commission reviewed this request on August19,1996. The Plam~ing
Comnussion recommended that the Council approve the proposed code variation.
The Maplewood City Council held a public hearing on September 9,1996. City staff published a
notice in the Maplewood Review and sent notices to the surrounding property owners. The Council gave
everyone at the hearing a chance to speak and to present written statements. The Council also
considered reports and recommendations from the City staff.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council approve the
above-described variation subject to no parking on one side of the streets and the developer paying
the City for the cost of no-parking signs.
Seconded by Councihnember Koppen Ayes - Mayor Bastian, Councihnembers
Allenspach, Koppen, Rossbach
Nays - Councihnember Carlson
COUNCILMEMBER CARLSON MOVED TO EXTEND THE MEETING TO COVER THE
FOLLOWING ITEMS:
I-2 -GARBAGE AND REFUSE CODE CHANGE -SECOND READING
I-3 -ORDINANCE TO SET SEWER RATES FOR 1997 -SECOND READING
J-1 - PLEASANTVIEW PARK N0.3 CASH CONNECTION CHARGE
J-2 -WRITE OFF UNCOLLECTIBLE AMBULANCE BILLS FOR 1994
M-1 -SET MEETING WITH LEGISLATORS
AND TO TABLE THE FOLLOWING ITEMS TO THE DECEMBER 23 MEETING:
J-3 -REVISION FOR PROCEDURES FOR CANCELLATION OF AMBULANCE BILLS
K -VISITOR PRESENTATIONS
L-1 -MAYOR'S UPDATE
M-2 - 40TH ANNIVERSARY UPDATE
SECONDED BY MAYOR BASTIAN AYES -ALL
2. Garbage and Refuse Code Change (Second Reading)
a. Manager McGuire introduced the staff report.
b. Assistant City Manager Dawson presented the specifics of the report.
c. Mayor Bastian moved to table this item until additional information is received from the City
Attorney.
Seconded by Councihnember Koppen Ayes - all
3. Ordinance to Set Sewer Rates for 1997 - 2nd Reading
a. Manager McGuire introduced the staff report.
b. Director of Finance Faust presented the specifics of the report.
C. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. No one appeared.
d. Mayor Bastian introduced the following Ordinance for second reading and moved
its adoption:
ORDINANCE NO. 769
21 12-9-96
AMENDING THE MAPLEWOOD CODE RELATING TO SEWER SERVICE CHARGES
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 28-21 is hereby amended to read as follows:
The following rates and charges are hereby established for all sanitary sewer services
furnished by and in the City:
(1) The quarterly residential rates shall be:
Single-Family Dwelling $38.10
Townhouse 38.10
Duplex 76.10
Condominium 38.10
Mobile Home 38.10
Apartment 30.50
(2) Non-residential rates shall be $1.91 per 1,000 gallons.
Non-residential sewer service charges shall be a minimum of $8.00 quarterly per
sewer service connection.
(3) The rate for properties used jointly for residential and commercial purposes thatare
not metered separately shall be billed at non-residential rates.
(4) In respect to property which shall be connected with the City sewer system for the
discharge and disposal of other residential, commercial or industrial sewage rates, or
any waste unusual in either character or amount, then in addition to all applicable
charges hereunder, the City Council reserves the right to impose such supplemental
sewage rate charges as said City Council shall determine as reasonable and
warranted on the basis of all relevant factors.
Section 2. This Ordinance shall take effect and be in force begim~ing January 1, 1997.
Seconded by Councilmember Carlson Ayes - all
J. NEW BUSINESS
1. Pleasantview Park No. 3 Cash Connection Charge
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No
one appeared.
d. Councilmember Carlson moved to change the plat condition when Final plat
approval is requested so that there is no cash connection charge required on this
property.
Seconded by Councilmember Allenspach Ayes - all
2. Write Off Uncollectible Ambulance Bills for 1994
a. Manager McGuire introduced the staff report.
b. Director of Finance Faust presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. No one appeared.
d. Councilmember Carlson moved write off as uncollectible the $121,475.52 in
22 12-9-96
ambulance bills as listed on the Agenda Report
Seconded by Councilmember Koppen Ayes - all
3. Revision of Procedures for Cancellation of Ambulance Bills
MOVED TO DECEMBER 23, 1996
K. VISITOR PRESENTATIONS
NONE
L. COUNCIL PRESENTATIONS
MOVED TO DECEMBER 23, 1996
M. ADMINISTRATIVE PRESENTATIONS
1. Set Meeting with Legislators
a. Manager McGuire will poll the legislators for a compatible time to meet.
2. 40th Anniversary Update
MOVED TO DECEMBER 23, 1996
N. ADJOURNMENT
11:44 P.M.
Karen Guilfoile, City Clerk
23 12-9-96