HomeMy WebLinkAbout03-24-1997 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, March 24, 1997
Council Chambers, Municipal Building
Meeting No. 97-06
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, Council member Present
Dale H. Carlson, Council member Present
Marvin C. Koppen, Council member Present
George F. Rossbach, Council member Present
D. APPROVAL OF MINUTES:
1. Minutes of Meeting 97-05, (March 10, 1997)
Councilmember Rossbach moved to approve the minutes of Meeting No. 97-OS (March
10, 19971 as presented.
Seconded by Councilmember Koppen Ayes -Councilmembers Allenspach,
Carlson, Koppen, Rossbach
Nays -None
Abstain - Mayor Bastian
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
Ll Community Center
L2 Mayor's Update
Seconded by Councilmember Carlson Ayes -all
EA. APPOINTMENTS/PRESENTATIONS
NONE
3-24-97 1
F. CONSENT AGENDA:
Councilmember Carlson moved, seconded by Councilmember Koppen; aver -all, to approve the
Consent Agenda, Items F-1 thru F-9, as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 62,824.93 Checks #7004-#7011 Dated 3-3-97 thru 3-5-97
$ 168,800.47 Checks #30594-#30696 Dated 3-11-97
$ 107,421.35 Checks #7012-#7020 Dated 37-97 thru 3-11-97
$ 139,803.01 Checks #30699-#30797 Dated 3-18-97
$ 478,849.76 Total Accounts Payable
PAYROLL: $ 298,096.73 Payroll Checks and Direct Deposits Dated 3-7-97
$ 49,771.08 Payroll Deduction Checks #57623-#57636 Dated 3-7-97
$ 347,867.81 Total Payroll
~ 826.717.57 GRAND TOTAL
2. Conditional Use Permit Review -Ramsey Co. Correctional Facility (297 Century Ave.)
Reviewed and renewed the Conditional Use Permit for the Ramsey County Correctional
Facility, allowing operation of the correctional facility and plant nursery operations. The
CUP will be reviewed again only if a problem arises or if major construction is proposed.
3. Community Design Review Board Rules of Procedure
Approved a change to the Community Design Review Board Rules of Procedure to
change the meeting start time from 7:00 P.M. to 6:00 P.M.
4. Redesignation of Depositories for Investments
Adopted the following Resolution:
97-03-20
REDESIGNATION OF DEPOSITORIES FOR INVESTMENTS
BE IT RESOLVED, that the following be and hereby are selected as depositories for
time deposits of the City of Maplewood:
Firstar Bank
Premier State Bank
First Bank
Norwest Bank
MidAmerica Bank
BE IT FURTHER RESOLVED, that the deposits in any of the above depositories
shall not exceed the amount of F.D.LC. or F.S.L.LC. insurance covering such deposits
unless collateral or a bond is furnished as additional security, and
BE IT FURTHER RESOLVED, that funds in the above depositories may be
withdrawn and wire transferred to any other depository of the City by the request of the
Finance Director, Assistant Finance Director or Accountants.
BE IT FURTHER RESOLVED, that these depository designations are effective until
3-24-97 2
December 31, 1999.
5. Budget Change for Appraisal of Fire Stations
Authorized a $600 transfer from the General Fund contingency account to Finance an
appraisal of the Parkside Fire Station and the East County Line Fire Station #1 for
insurance purposes.
6. Purchase of Marked Patrol Vehicles
Authorized purchase of five 1997 marked patrol vehicles (three for the Patrol Division
and two for the Paramedic Division) under the State of Minnesota Contract at a cost of
$19,776 each.
7. Nomination for "Fire Department Community Service Award"
Adopted the following Resolution:
97-03-21
NOMINATING MAPLEWOOD FIRE DEPARTMENT FOR
THE GOVERNOR'S COMMUNITY SERVICE AWARD
WHEREAS, the Great Minnesota Fire School is soliciting nominations for the
Governor's Award for outstanding community service by a fire department.
WHEREAS, the Maplewood Fire Chief has submitted East county Line, Gladstone,
and Parkside Fire Departments as Maplewood Fire Department.
WHEREAS, the members of each independent Fire Department has affirmed by
individual vote to become a municipal Fire Department as of January 1,1997, combining
resources, talents and abilities in serving the citizens of Maplewood providing quality fire
and emergency medical services.
THEREFORE, BE IT RESOLVED, the City Council of Maplewood supports the
nomination of East County Line, Gladstone, and Parkside as Maplewood Fire
Department for consideration of the Governor's Community Service Award.
8. JDV Assessment Resolution
Adopted a Stipulation of Settlement and the following Resolution reassessing Project 93-
08 at a lower amount.
97-03-22
RE-ASSESSMENT OF PROJECT 93-08, STERLING-SCHALLER IMPROVEMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council met and heard and passed upon all objections to the proposed assessment for
construction of Sterling Street/Schaller Drive Street and Utility Improvements, also
known as Project No. 93-08, passed on August 12, 1996.
WHEREAS, the assessment appeal was duly scheduled in Ramsey County District
Court on March 19, 1997 for pretria12:30 P.M.
WHEREAS, the City of Maplewood, a municipal corporation, and JDV Limited
Partnership of Maplewood entered into a Stipulation of Settlement in order to avoid
continued litigation and additional costs for a Final determination of benefits.
WHEREAS, the City and JDV have agreed to a reassessment of Parcel, PIN No.13-
3-24-97 3
28-22-21-0022, in the amount of $135,000, said amounts represent the following:
8.00 SAN SWR AT $3,675.000 EACH = $ 29,400.00
8.00 WATER AT $4,210.000 EACH = $ 33,680.00
23.00 STORM UNITS AT $ 525.000 EACH = $ 12,075.00
21.00 STREET AT $2,850.000 EACH = $ 59,845.00
TOTAL ASSESSMENT FOR THIS PARCEL IS = $135,000.00
WHEREAS, the following assessment in the amount of $150,900.00 is cancelled with
respect to PIN No. 13-28-22-21-0022:
8.00 SAN SWR AT $3,675.000 EACH = $ 29,400.00
8.00 WATER AT $4,210.000 EACH = $ 33,680.00
23.00 STORM UNITS AT $ 525.000 EACH = $ 12,075.00
21.00 STREET AT $3,610.000 EACH = $ 75,745.00
TOTAL ASSESSMENT FOR THIS PARCEL IS = $150,900.00
WHEREAS, JDV has waived, through Stipulation, the requirements for notice and
hearing pursuant to Minn. Stat. §429.701, Subd. 2.
NOW, THEREFORE, be it resolved by the City Council of Maplewood, Minnesota
as follows:
The City and JDV have agreed to a reassessment of parcel, PIN 13-28-22-21-0022, in
the amount of $135,000.00, said amounts represent the following:
8.00 SAN SWR AT $3,675.000 EACH = $ 29,400.00
8.00 WATER AT $4,210.000 EACH = $ 33,680.00
23.00 STORM UNITS AT $ 525.000 EACH = $ 12,075.00
21.00 STREET AT $2,850.000 EACH = $ 59,845.00
TOTAL ASSESSMENT FOR THIS PARCEL IS = $135,000.00
The following assessment in the amount of $150,900.00 is cancelled with respect to
PIN No. 13-28-22-21-0022:
8.00 SAN SWR AT $3,675.000 EACH = $ 29,400.00
8.00 WATER AT $4,210.000 EACH = $ 33,680.00
23.00 STORM UNITS AT $ 525.000 EACH = $ 12,075.00
21.00 STREET AT $3,610.000 EACH = $ 75,745.00
TOTAL ASSESSMENT FOR THIS PARCEL IS = $150,900.00
3-24-97 4
9. Charitable Gambling Resolution -Presentation B.V.M.
Adopted the following Resolution:
97-03-23
APPROVING CHARITABLE GAMBLING -PRESENTATION B.V.M.
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that
the premises permit for lawful gambling is approved for the Presentation of the Blessed
Virgin Mary Church, to operate at 1725 E. Kennard Street, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minn. Stat. §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said permit
application as being in compliance with Minn. Stat. §349.213.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution by the
City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division
for their approval.
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:04 P.M.): Super America Store (ll Century Avenue South)
a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to
remove SA's fuel islands, fuel island canopy and convenience store and build a new
facility.
b. Manager McGuire introduced the staff report.
c. Director of Community Development Coleman presented the specifics of the report
d. Commissioner Barb Erickson presented the Planning Commission report
e. Boardmember Tim Johnson presented the Community Design Review Board report
f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Michael Cronin, 8809 W. Bush Lake Road, representing Super America
Also introduced Sam VanTassel of Super America
and Sharon Rice, Store Manager at 11 Century Avenue South
Mark Erickson, Super America representative
g. Mayor Bastian closed the public hearing.
Conditional Use Permit
h. Councihnember Carlson introduced the following Resolution and moved its
adoption•
97-03-24
CONDITIONAL USE PERMIT RESOLUTION -SUPER AMERICA
WHEREAS, Super America Group, Inc. applied for a conditional use permit to enlarge their
fuel station and convenience store.
3-24-97 5
WHEREAS, this permit applies to 11 Century Avenue South. The legal description is:
The Northerly 183 feet of the Easterly 183 feet of Northeast 1/4 of
Southeast 1/4 of Section 1, Township 28, Range 22.
WHEREAS, the history of this conditional use permit is as follows:
1. On March 3, 1997, the Planning Commission recommended that the City Council
approve this permit.
2. The City Council held a public hearing on March 24,1997. City staff published a notice
in the paper and sent notices to the surrounding property owners as required by law. The
Council gave everyone at the hearing a chance to speak and present written statements.
The Council also considered reports and recommendations ofthe City staff and plam~ing
commission.
NOW, THEREFORE, BE IT RESOLVED thatthe City Council approvethe 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 aceess 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.
3-24-97 6
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 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. The applicant shall work with City staff to improve the drainage along the north side of
the site, including the sidewalk along Upper Afton Road.
Seconded by Councihnember Koppen Ayes - all
Parking Reduction Authorization
i. Councilmember Carlson moved to approve sparking-reduction waiver to allow 11
parkins spaces (four fewer than the code requires) because:
1. Most of the customers that would be in the store at a given time are fuel
customers who would leave their cars at the pump islands.
2. A reduction in the parking requirements is justified to improve this property.
3. The applicant has agreed to have fuel deliveries to the store during non-peak
store hours.
Seconded by Councihnember Koppen Ayes - all
Design Approval
j. Councilmember Carlson moved to approve the plans and building elevations date-
stamped December 20, 1996, and the landscape plan date-stamped February 27,
1997, for the redevelopment of the Super America fuel station and convenience store
at 11 Century Avenue South. The owner shall do the following:
1. Repeat this review in two years if the City has not issued a building
permit for this project.
2. Install brick on the west elevation of the building to match the east and north
elevations. The south elevation shall be brick to match the other elevations or
concrete block. If it is concrete block, the owner must paint it to match the
color of the brick.
3. Submit the following for staff approval before the City issues a building permit:
a. Grading, drainage, utility and erosion control plans.
b. Plans for the design and placement of the trash enclosure.
c. A revised site plan showing 10-foot-wide parking spaces and ahandicap-
parking space that is eight feet wide with an adjacent eight-foot-wide
loading space.
d. Plans for screening the rooftop equipment.
4. Complete the following before occupying the building:
3-24-97 7
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards.
c. Install reflectorized stop signs at both exits, ahandicap-parking sign for
each handicap-parking space and an address on the building.
d. Paint all rooftop mechanical equipment to match the uppermost part of the
building. Screen all roof-mounted equipment visible from streets and
adjacent property. (code requirement)
e. Construct a trash dumpster enclosure. The enclosures must match the
building and have a closeable gate that extends to the ground.
f. Install and maintain an in-ground sprinkler system for all landscaped
areas.
g. Post "no parking" signs in front of the building.
h. Stripe all parking spaces at a width of ten feet, except for the handicap
space. The handicap parking space must be eight feet wide with an
adjacent eight-foot-wide loading space.
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 unFmished
work.
6. All work shall follow the approved plans. The director of community
development may approve minor changes.
Seconded by Councilmember Koppen Ayes - all
H. AWARD OF BIDS
NONE
3-24-97 8
I. UNFINISHED BUSINESS
1. Zoning Code Changes -Commercial Property Study (Second Reading~(4 Votes)
a. Manager McGuire introduced 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. No one appeared.
d. Councihnember Allenspach introduced the following Ordinance for second reading
and moved its adoption:
ORDINANCE NO. 774
AN ORDINANCE OF THE CITY OF MAPLEWOOD, MINNESOTA, REVISING ARTICLE I OF
CHAPTER 36 OF THE CITY CODE ABOUT LANDSCAPING AND SCREENING
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section changes the following part of the Maplewood City Code:
Sec. 36-27. Landscaping and screening.
(a) A landscaped and possible screened area not less than twenty (20) feet in width shall be
provided where:
(1) A nonresidential use abuts aresidentially-zoned or planned property.
(2) A multiple dwelling abuts a property zoned for single or double dwellings.
The community design review board (CDRB) shall require shrubs or trees in this area
unless they deem it not appropriate.
[(b) and (c) remain unchanged.]
(d) Screening may be satisfied with a screening fence. A screening fence shall be attractive,
compatible with the principal building and surrounding land uses, at least six (6) feet in height,
and provide a minimum opaqueness of eighty (80) percent. The City shall require
landscaping, including trees and shrubs, with any screening fence unless the CDRB deems it
not appropriate.
Section 2. This section changes the following part of the Maplewood City Code:
Sec. 36-28. Additional design standards.
[(a) and (b) remain unchanged.]
(c) The developer of any project, other than single or double dwellings, shall do the following:
[(1) through (5) remain unchanged.]
(6) Construct all buildings, except single- and two-family homes, with the following
minimum setbacks:
a. Thirty (30) feet from a street right-of--way.
b. Fifty (50) feet from a residential lot line. This setback shall be increased up
to one hundred (100) feet based on the more restrictive of the following
requirements:
1. Building height: The building setbacks shall be increased two (2)
feet for each one (1) foot the building exceedstwenty-five (25) feet
3-24-97 9
in height.
2. Exterior wall area: Where an exterior wall faces aresidentially-
zonedproperty, the wall setback from the residential lot line shall
be as follows:
Wall Area Minimum Setback
(square feet) (feet)
0 - 1999 50
2000 - 2999 75
3000 or more 100
[(7) through (14) remain unchanged.]
Section 3. The ordinance shall take effect after the City publishes it in the official newspaper.
Seconded by Councilmember Koppen Ayes - all
e. Councilmember Allenspach introduced the following Ordinance for second reading
and moved its adoption:
ORDINANCE NO. 775
AN ORDINANCE OF THE CITY OF MAPLEWOOD, MINNESOTA, REVISING DIVISION 7
OF ARTICLE II OF CHAPTER 36 OF THE CITY'S CODE OF ORDINANCES, SUBSECTION
36-151 ABOUT THE BUSINESS COMMERCIAL (BC) ZONING DISTRICT.
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section changes the Maplewood City Code as follows:
Sec. 36-151. Uses.
(a) Permitted Uses: The City shall only permit the following uses by right:
(1) A dwelling unit for one family in combination with a business use.
(2) Hotel, motel or tourist cabins.
(3) Retail or commercial rental activities, office, clinic, studio, bank, personal service,
day care center, mortuary or funeral home, restaurant or on-sale liquor business
(subject to license). All on sale liquor business not associated with a restaurant shall
be at least three hundred fifty (350) feet from any property that the City is planning
for residential use. All business, storage or display, except signs and parking, shall
be in a closed building.
(4) For motor vehicles, the following activities if notwithin three hundred fifty (350) feet
of any property that the City is planning for residential use:
a. The sale or leasing of new motor vehicles.
b. The sale or leasing of new and used motor vehicles when all such activities
are on the same property.
c. The rental of motor vehicles as an accessory use to the sale or leasing of
new motor vehicles.
3-24-97 10
(5) Publishing, photocopying or printing establishment
(6) Indoor theater.
(7) Laundry.
(8) Bakery or candy shop, which produces goods for on-premises retail sale.
(9) Parking lot as a principal use.
(10) Motor vehicle aceessory installation center.
(11) CNG (compressed natural gas) or LPG (liquid petroleum gas) dispensing facilities. Tanks
shall not exceed a water capacity of one thousand five hundred (1,500) gallons for those
dispensing facilities whose primary purpose is to produce power and light for nonvehicle
uses, such as at 3M, NSP's facility on Century Avenue, or for temporary use on
construction sites. (Refer to the licensing requirements in Chapter 17.3.)
(12) CNG (compressed natural gas) or LPG (liquid petroleum gas) retail dispensing facilities-
limited capacity. Tanks shall not exceed a water capacity of one thousand (1,000) gallons
for dispensing facilities as an aceessory use to a motor fuel station or convenience store,
the primary purpose for which is the filling of LPG tanks for recreational vehicles,
portable heaters and gas grills. These limited capacity dispensing facilities shall be at
least three hundred fifty (350) feet from any property the City is planning for residential
use.
(13) Check cashing business, if at least three hundred fifty feet (350) from any property the
City is planning for residential use.
(14) Repair shop, except motor fuel stations or maintenance garages. All business, storage or
display, except signs and parking, shall be in a closed building.
(1~ Organized athletic activities, such as dance, physical fitness or karate, that are conducted
indoors.
(16) Itinerant carnivals, subject to the licensing requirements in Chapter 6, Article VI.
(17) Any use that would be similar to any of the above uses, if it is not noxious or hazardous.
(b) Conditional Uses. The following uses must have a conditional use permit:
(1) All permitted uses in the R-3 district.
(2) Processing and distributing station for beverages.
(3) Place of amusement, recreation or assembly, other than an indoor theater, indoor
athletic activity or itinerant carnival.
(4) The exterior storage, display, sale or distribution of goods or materials, but not
including a junkyard, salvage automobile, or other wrecking yard. The City may
require scrcening of such uses pursuant to the scrcening requirements of Clause 6(a).
(5) For motor vehicles, the following activities if notwithin three hundred fifty (350) feet
of any property that the City is planning for residential use:
a. The sale or leasing of used motor vehicles.
b. The storage or rental of motor vehicles.
(6) Metal storage buildings, if the building meets the £mdings for a conditional use
permit and the £mdings below:
a. No more than twenty (20) percent of the building would be visible from
streets or the highest topographical point of the nearest residential lot lines.
3-24-97 11
b. The building would not be of lesser quality than the surrounding
development If the screening is removed or dies and the owner does not
replace it, the City Council may require that the owner remove the
building. If the value of the building exceeds twenty-five thousand dollars
($25,000), the City Council shall allow afive-year amortization period.
(7) Craftsman Shop.
(8) Reserved.
(9) Motor fuel stations, motor vehicle wash or maintenance garages, if they meet the
Fmdings for a conditional use permit and the Fmdings below:
a. The setback of any overhead canopy shall be at least fiftcen (15) feet from
the street right-of--way line and five feet from a nonresidential property
line.
b. The setbacks to a residential lot line in Section 36-28(c)(6) shall include
motor vehicle washes, fuel dispensers or canopies.
c. All parts of major motor fuel stations, motor vehicle washes or
maintenance garages shall be at least throe hundred fifty (350) feet from
any property the City is planning for residential use.
d. No unlicensed or inoperable vehicles shall be stored on the premises for
more than forty-eight (48) hours, except in storage areas that are fully
scrcened from public view.
e. All trash, waste materials and obsolete parts shall be stored within an
enclosed trash container.
f. All repair, assembly, disassembly and maintenance shall oceur within an
enclosed building, except minor maintenance. Minor maintenance shall
include work such as tire replacement or inflation, adding oil or wiper fluid
replacement
g. The City must approve the location and type of outdoor storage in the
conditional use permit
h. No parking space(s) shall be within the line of vision betwcen self-service
fuel dispensers and the attendant's window.
i. Noise from operations, including external speakers, shall not exceed the
noise standards of the Minnesota Pollution Control Agency.
j. No motor fuel station or maintenance garage within three hundred fifty
(350) feet of a residential lot line shall be operated between the hours of
11:00 p.m. and 6:00 a.m.
k. Fuel station dispenser islands, parking areas, and drives shall be screened
from residential lot lines in conformance with Section 36-27(c) and Section
36-27(d).
1. Parking shall be limited to paved areas.
m. All new or replacement underground fuel storage tanks shall meet the
standards of Minnesota Statutes and the standards of the Minnesota
Pollution Control Agency. Such tanks shall also have a UL listing
appropriate for their use. In addition, installation plans shall be submitted
to the State Fire Marshal's office for approval.
n. There shall be leak detection equipment on all new and existing tanks
aceording to U. S. Environmental Protection Agency (EPA) schedule
deadlines. Leak detection facilities shall include electronic (in tank)
monitoring equipment as well as manual daily measurement and
3-24-97 12
recording of tank levels. Records of daily tank levels, fuel purchases and
fuel sales shall always be available on site for inspection by the Fire
Marshal.
o. Vents from an underground fuel storage tank(s) shall be two hundred (200)
feet from a residential lot line. The City Council may approve a lesser
setback if the developer can prove that the topography, or existing or
proposed buildings will prevent fumes from reaching a residential lot line.
p. Motor vehicle washes shall be subject to the same conditions as stated for
motor vehicle fuel stations, with the following additional conditions:
1. Water from a motor vehicle wash shall not drain onto a public
street or access. A drainage system shall be installed, subject to
the approval of the City engineer.
2. There shall be stacking space for at least four (4) vehicles.
(10) Privately-owned mining or material recycling facility. The processing of recyclable
materials shall be in an enclosed building and be at least three hundred fifty (350) feet
from any property the City is planning for residential use.
(11) Any use that would be similar to any of the above uses, if it is not noxious or hazardous.
(12) Any building or outside use, except parking, that is within seventy-five (75) feet of a
residential building.
(13) Pawn shop if it is at least three hundred fifty (350) feet from any property the City is
planning for residential use. All pawn shops and pawnbrokers are subject to City
licensing as regulated in Section 22 of the City code.
(14) Retail firearms sales if the business, store or shop is at least three hundred fifty (350) fcet
from any property the City is planning for residential use. All such businesses are subject
to all applicable state and federal licenses.
Section 2. The ordinance shall take effect after the City publishes it in the official newspaper.
Seconded by Councihnember Koppen Ayes - all
f. Councilmember Allenspach introduced the following Ordinance for second reading
and moved its adoption:
ORDINANCE NO. 776
AN ORDINANCE OF THE CITY OF MAPLEWOOD, MINNESOTA, REVISING DIVISION 9
OF ARTICLE II OF CHAPTER 36 OF THE CITY'S CODE OF ORDINANCES ABOUT THE
LIGHT MANUFACTURING (M-1) ZONING DISTRICT.
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:
Sec. 36-186. Permitted Uses.
The City shall permit the following uses by right:
(1) Any use listed as a permitted use in a BC (Business Commercial) District.
(2) Wholesale business establishments.
3-24-97 13
(3) Custom shop for making articles or products sold on the premises.
(4) Plumbing, heating, air conditioning, glazing, painting, paper handling, roofing, ventilating and
electrical contractors, blacksmith shop, carpentry, soldering or welding shop.
(5) Bottling establishment.
(6) Manufacturing, assembly or processing of:
a. Canvas and canvas products.
b. Clothing and other textile products.
c. Electrical equipment, appliances and supplies, except heavy electrical machinery.
d. Food products, except meat, poultry or fish.
e. Jewelry, clocks or watches.
f. Leather products.
g. Medical, dental, drafting equipment, optical goods.
h. Musical instruments.
i. Perfumes or pharmaceutical products, rubber products and synthetic treated
fabrics.
j. Small products from the following previously prepared materials: cork, feathers,
felt, fur, glass, hair, horn, paper, plastics or shells.
(7) Carpet and rug cleaning.
(8) Dyeing plant.
(9) Laboratory, research, experimental or testing.
(10) School.
(11) Warehouse.
(12) Accessory use on the same lot with and customarily incidental to any of the above
permitted uses.
(13) Adult Use Principal, Sexually-Oriented Businesses and Adult-Use Accessory subject to
the requirements in Chapter 17.
Section 2. This section changes the Maplewood City Code as follows:
Sec. 36-187. Conditional Uses.
(a) The following uses must have a conditional use permit:
(1) Any conditional use in the BC (Business Commercial) district, subject to the same
conditions.
(2) Any use of the same character as a permitted use in Section 36-186.
(3) Trucking yard or terminal.
(4) Privately-owned mining or material recycling facilities, if at least three hundred fifty
(350) feet from any property the City is planning for residential use.
(b) No building or exterior use, except parking, may be erected, altered or conducted within three
hundred fifty (350) feet of a residential district without a conditional use permit.
Section 3. The ordinance shall take effect after the City publishes it in the official newspaper.
Seconded by Councilmember Koppen Ayes - all
g. Councilmember Allenspach introduced the following Ordinance for second reading
3-24-97 14
and moved its adoption:
ORDINANCE NO. 777
AN ORDINANCE OF THE City OF MAPLEWOOD, MINNESOTA, REVISING THE CITY'S
CODE OF ORDINANCES ABOUT CONDITIONAL USE PERMITS
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section adds the following definition to the Maplewood City Code:
Sec. 36-6. DeFmitions.
HeGstop. A place for one helicopter to land or take off, but does not include fueling or maintenance
operations or facilities.
Section 2. This section changes the Maplewood City Code as follows:
Sec. 36-437. Conditional uses.
The City may issue conditional use permits for the following uses in any zoning district from
which they are not permitted and not specifically prohibited:
(1) Public utility, public service or public building uses.
(2) Mining. (Refer to the requirements under Article IV of this chapter.)
(3) Library, community center, state licensed day care or residential program (unless exempted
by state law), church, hospital and a hefistop as an accessory use to a hospital, any institution
of any educational, philanthropic or charitable nature, cemetery, crematory or mausoleum.
(4) An off-street parking lot as a principal use in a commercial or industrial zoning district.
(5) Part of an apartment building for commercial use, intended for the building's residents, such
as drugstore, beauty parlor, barbershop, medical office or similar use.
(6) Planned unit developments (PUD).
(7) Construction on an outlot.
Section 3. The ordinance shall take effect after the City publishes it in the official newspaper.
Seconded by Councihnember Koppen Ayes - all
2. Lake Gervais Surface Water Regulations (Second Reading)(4 Votes)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report
c. Councihnember Koppen introduced the following Ordinance for second reading and moved its
adoption•
ORDINANCE NO. 778
AN ORDINANCE REGULATING THE SURFACE USE OF LAKE GERVAIS -CITY OF
MAPLEWOOD
BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, STATE OF MINNESOTA, that these amendments following, by this act, hereby
3-24-97 15
replace and nullify those like numbered clauses now existing and a part of the City of Maplewood
Ordinance.
SECTION 1
This section changes Section 21.97(d) as follows:
No motorboat shall be operated in the City in the channels of the Phalen-Keller-Kohhnan chain of
lakes at a speed in excess of its slowest motor speed.
SECTION 2
Sec. 21-100. PURPOSE, INTENT AND APPLICATION.
As authorized by Minnesota Statutes 86B.201, 86B.205 and 459.20, and Minnesota Rules 611.3000-
6110.3800 as now in effect and as hereafter amended, this Ordinance is enacted for the purpose and
with the intent to control and regulate the use of the waters of Lake Gervais of the City of
Maplewood, Minnesota, said body of water shared between the City of Little Canada and the City
of Maplewood, to promote its fullest use and enjoyment by the public in general and the citizens of
the City of Maplewood in particular; to ensure safety for persons and property in connection with
the use of said waters; to harmonize and integrate the varying uses of said waters; and to promote
the general health, safety and welfare of the citizens of the City of Maplewood, Minnesota.
MOTORBOATS AND OTHER MOTORIZES VEHICLES REGULATIONS
Sec. 21-101. MINNESOTA STATUTES. Minnesota statutes Chapter 84 and Chapter 86B and the
rules promulgated thereunder are hereby adopted and made a part of this Ordinance.
Sec. 21-102. SLOW - NO WAKE ZONES. It shall be unlawful to operate a watercraft while
exceeding slow - no wake speed:
a. Within 150 feet of any shoreline, unless launching or landing a skier by the most
direct route to open water.
b. On the entire surface of Lake Gervais when the lake elevation exceeds 860.0 feet
above mean sea level as measured by Ramsey County at the public access in Spoon
Lake.
Such restrictions shall become effective upon publication in a local daily newspaper
as a news item or on a specified date, whichever is later. All public and private water
aceess ramps shall be posted prior to and during the time restrictions are in place.
In addition, notice of said restrictions shall be posted at the Maplewood City Hall.
When high water levels have subsided and have remained below an elevation of 860.0
feet above mean sea level for throe (3) consecutive days, said restrictions shall be
promptly removed.
Sec. 21-103. BOAT LAUNCHING. No person shall launch or beach a watercraft other than at a
designated public boat aceess, nor from private property without the owners permission.
Sec. 21-104. WINTER USE. No motorized vehicle may be operated at a speed in excess of 15 miles
per hour within 150 feet of any shoreline, person, fish house or in any other area on the lake where
the operation would conflict with or endanger other persons or property. No motorized vehicle
may encroach upon any skating rink or sliding area which is located within 150 feet of any
shoreline.
Sec. 21-105. ENFORCEMENT. The primary enforcement of this Ordinance shall be the
responsibility of the Ramsey County Sheriffs Department.
Sec. 21-106. EXEMPTIONS. All authorized resource management, emergency and enforcement
personnel, while acting in the performance of their assigned duties are exempt from the foregoing
restrictions.
Sec. 21-107. NOTIFICATION. It shall be the responsibility of the City of Maplewood to provide
for adequate notification of the public, which shall include the placement of a sign at each public
aceess outlining essential elements of this ordinance.
3-24-97 16
Sec. 21-108. PENALTIES. Any person who shall violate any of the provisions of this Ordinance
shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a Fine of not
more than seven hundred dollars ($700.00) or by imprisonment of not more than ninety (90) days,
or both.
Secs. 21-109 --110. Reserved.
SECTION 3
EFFECTIVE DATE. This Ordinance shall be in effect from and after the date of its passage and
publication.
Seconded by Councilmember Carlson Ayes - all
3. Use of Open Space -Lion's Club
a. Manager McGuire introduced the staff report.
b. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following persons were heard:
Claire Haider, 294 Roma Avenue, Roseville, North Maplewood Lions
George Ashton, 1732 Edward Strcet, North Maplewood Lions
c. Councilmember Koppen moved to Give the North Maplewood Lions the option of
using the open space at Frost and English for one more year or starting the
permitting process for using the south end of the Maplewood Community Center
parkins lot or Wakefield Park if scheduling permits. If the Lions use the
Community Center parking lot or Wakefield Park, permission is given to install a
temporary sign at the Frost and English location indicating that the Lions Club
Annual Mother's Day Flower Sale has been moved to the Maplewood Community
Center or to Wakefield Park+. Also stressed to the Lions that this would be the last
_year the open space at Frost and English could be used.
Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers
Allenspach, Koppen, Rossbach
Nays - Councilmember Carlson
J. NEW BUSINESS
1. Public Comment on Block Grant Expenditures
a. Manager McGuire introduced the staff report.
b. Police Chief Ryan presented the specifics of the report
c. Mayor Bastian moved to approve the proposed expenditures.
Seconded by Councilmember Carlson Ayes - all
2. Knollwood Circle Preliminary Plat Review (Cypress Street and County Road C)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report
3-24-97 17
c. Commissioner Barb Erickson presented the Planning Commission report
d. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. No one appeared.
e. Councilmember Carlson moved to end the Knollwood Circle Addition preliminary
plat approval, because:
1. Government regulations and policies have changed significantly since the
City first approved this preliminary plat.
2. More than eight years have passed since the City held a public hearing on
this plat. There may be new neighbors near the plat site. They should have
a chance to comment on the plans to develop this property.
3. There has been no physical activity to develop this plat.
4. Mr. Pat Goff of Goff Homes, the developer of the site, did not request a
time extension for the project.
Ending this preliminary plat does not mean that the City is against the
development of this property. The City will consider future development
applications for this property based on the standards in effect at the time of a
new application.
Seconded by Councilmember Rossbach Ayes - all
3. In-Fill Development Study
a. Manager McGuire introduced 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. No
one appeared.
d. Councilmember Koppen moved to approve first reading of an ordinance revising
Subsection 36-69 Qot dimensions) and Section 30 (Subdivisions) of the City Code.
Seconded by Councilmember Carlson Ayes - all
e. Councilmember Koppen moved to approve first reading of an ordinance revising
Subsections 36-438, 36-440, 36-441, 36-442, and 36-443 about conditional use permits
and planned unit developments.
Seconded by Councilmember Carlson Ayes - all
f. Councilmember Koppen moved to approve the following administrative poficy
about neighborhood meetings:
ADMINISTRATIVE POLICY
NEIGHBORHOOD MEETINGS
Applicants for development proposals which are located adjacent to or within a residential zoning
district shall hold a neighborhood meeting for the following applications: preliminary plat,
conditional use permit, planned unit development, rezoning or multiple applications.
3-24-97 18
STATEMENT OF POLICY
PURPOSE
It is the CSty's intent to expand and enhance the dissemination of information to the residents of the
City and to encourage involvement by the residents in the planning process. Therefore it is the
applicant's responsibility to hold a neighborhood meeting that meets the guidelines described in the
following paragraphs.
PROCEDURES AND GUIDELINES
1. The applicant shall schedule the meeting, send out notices/invitations* at least 10 days before
the meeting. Meetings shall be scheduled Monday through Thursday evenings after 6 p.m. and
not on an evening preceding a holiday and not on Halloween. The applicant shall host the
meeting and present the project for questions and answers.
2. The meeting shall be held after the City has accepted the application but before the planning
commission meeting on the application.
3. Notices/invitations to the neighborhood meeting shall be sent to those names and addresses
listed on the public hearing notice list (within 500 feet of the subject property, obtained from
Ramsey County).
4. A representative from the City will be present at the meeting as an observer and to be
available for city-related questions.
5. The applicant shall make available a complete description of the request, including copies of
printed materials and maps, where appropriate.
6. City staff will provide the schedule of dates for planning commission and City Council
meetings, if known.
7. When the meeting notice is mailed to adjacent property owners, a copy of the invitation shall
also be sent to the members of the planning staff, planning commissions and City Council.
Please contact the Maplewood Community Development Department (770-4560) for the
current member rosters.
MINIMUM INFORMATION TO BE INCLUDED IN MEETING NOTICE
Name of applicant, contact person, address and phone number
Proposed development name
Property location description (location map)
Describe proposed project and application request
Meeting time, day and location
Provide a copy of notice to:
All property owners within 500 feet
City staff
All City Council and planning commission members
It is suggested that a location map and a copy of the proposed development plan be provided with
the mcetingnotice/invitation. Also, additional copies of the development plans should be available
at the meeting.
Thank you for your cooperation in this matter.
Seconded by Councilmember Carlson Ayes - all
3-24-97 19
4. Gervais Avenue Improvements, Project 96-02
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 introduced the following Resolution and moved its
adoption•
97-03-25
ACCEPTANCE OF BIDS FOR PREPARATION OF ASSESSMENT ROLL
CITY PROJECT 96-02 -LANDSCAPE IMPROVEMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Minnesota Valley Landscape in the amount of $19,670.50 is the lowest responsible bid for the
construction of Landscape Improvements on Gervais Avenue, Barclay Street to Kennard Street,
City Project 96-02, and the Mayor and Clerk are hereby authorized and directed to accept said bid
for and on behalf of the City for the purposes of preparing an assessment roll.
Seconded by Councilmember Koppen Ayes - all
e. Councilmember Carlson introduced the following Resolution and moved its
adoption•
97-03-26
ACCEPTANCE OF BIDS FOR PREPARATION OF ASSESSMENT ROLL
CITY PROJECT 96-02 -STREET AND UTILITY IMPROVEMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of T. A. Schifsky and Sons, Inc. in the amount of $369,727.25 is the lowest responsible bid for
the construction of Strcet and utility Improvements on Gervais Avenue, Barclay Street to Kennard
Street, City Project 96-02, and the Mayor and Clerk are hereby authorized and directed to accept
said bid for and on behalf of the City for the purposes of preparing an assessment roll.
Seconded by Councilmember Koppen Ayes - all
f. Councilmember Carlson introduced the following Resolution and moved its
adoption•
97-03-27
ORDERING PREPARATION OF ASSESSMENT ROLL -CITY PROJECT 96-02
WHEREAS, the City Clerk and City Engineer have received bids for the improvement of
Gervais Avenue Strcet and Utility Improvements, City Project 96-02.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the CSty Clerk and City Engincer shall forthwith calculate the proper amount to
be specially assessed for such improvement against every assessable lot, piece or parcel of land
abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall
File a copy of such proposed assessment in the City office for inspection.
FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council
thereof.
Seconded by Councilmember Koppen Ayes - all
3-24-97 20
g. Councilmember Carlson introduced the following Resolution and moved its adoption:
97-03-28
ORDERING ASSESSMENT ROLL HEARING -CITY PROJECT 96-02
WHEREAS, the Clerk and the Engineer have, at the direction of the Council ,prepared an
assessment roll for the construction of Gervais Avenue, Barclay Street to Kennard Street, City
Project 96-02, and the said assessment is on file in the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. A hearing shall beheld on the 28th day of Apri1,1997, at the City Hall at 7:00 P.M.
to pass upon such proposed assessment and at such time and place all persons
owning property affected by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the
hearing, and to mail notices to the owners of all property affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the general
nature of the improvement the area to be assessed, that the proposed assessment roll
is on file with the Clerk and that written or oral objections will be considered.
Seconded by Councilmember Koppen Ayes - all
5. Arcade Street Improvements, Project 96-22
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.
Accept Bids
d. Councilmember Carlson introduced the following Resolution and moved its
adoption•
97-03-29
ACCEPTANCE OF BIDS FOR PREPARATION OF ASSESSMENT ROLL -CITY PROJECT 96-22
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Ryan Contracting, Inc. in the amount of $884,219.20 is the lowest responsible bid for the
construction of Arcade Street, Keller Parkway to LaBore Road, Street and Utility Improvements,
City Project 96-22, and the Mayor and Clerk are hereby authorized and directed to accept said bid
for and on behalf of the City for the purposes of preparing an assessment roll.
Seconded by Councilmember Allenspach Ayes - all
Order Assessment Roll
e. Councilmember Carlson introduced the following Resolution and moved its
adoption•
3-24-97 21
97-03-30
ORDERING PREPARATION OF ASSESSMENT ROLL -CITY PROJECT 96-22
WHEREAS, the City Clerk and City Engineer have received bids for the improvement of
Arcade Street, Keller Parkway to LaBore Road, Street and Utility Improvements, City Project 96-
22.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the CSty Clerk and City Engineer shall forthwith calculate the proper amount to
be specially assessed for such improvement against every assessable lot, piece or parcel of land
abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall
File a copy of such proposed assessment in the City office for inspection.
FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council
thereof.
Seconded by Councilmember Allenspach Ayes - all
Set Assessment Hearing
f. Councilmember Carlson introduced the following Resolution and moved its
adoption•
97-03-31
ORDERING ASSESSMENT ROLL HEARING -CITY PROJECT 96-22
WHEREAS, the Clerk and the Engineer have, at the direction of the Council ,prepared an
assessment roll for the construction of Arcade Street, Keller Parkway to LaBore Road, City Project
96-22, and the said assessment is on file in the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. A hearing shall beheld on the 28th day of Apri1,1997, at the City Hall at 7:30 P.M.
to pass upon such proposed assessment and at such time and place all persons
owning property affected by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the
hearing, and to mail notices to the owners of all property affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the general
nature of the improvement the area to be assessed, that the proposed assessment roll
is on file with the Clerk and that written or oral objections will be considered.
Seconded by Councilmember Allenspach Ayes - all
6. Brooks Fiber Properties Agreement
a. Manager McGuire introduced the staff report.
b. City Attorney Patrick Kelly presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter.
The following person was heard:
Carl Marshall, 425 Woodsmill Road S., St. Louis, MO, representing
Brooks Fiber Properties
3-24-97 22
d. Councihnember Koppen moved to table this item until the April 14, 1997 Council
meeting in order to obtain further information.
Seconded by Councihnember Carlson Ayes - all
K. VISITOR PRESENTATIONS
NONE
L. COUNCIL PRESENTATIONS
1. Maplewood Community Center
a. Councihnember Koppen requested this topic be placed on the Agenda for discussion
at the Council/Manager Workshop on Apri17, 1997.
2. Mayor's Update
a. Mayor Bastian informed the Council of various invitations and upcoming meetings.
b. Mayor Bastian stated the Cable Commission is returning unused franchise funds to
the City of Maplewood.
M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT
8:58 P.M.
Karen Guilfoile, City Clerk
3-24-97 23