HomeMy WebLinkAbout04-08-91 " MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, April 8, 1991
Council Chambers, Municipal Building
Meeting No. 91-07
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 7:04 P.M. by Mayor Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Gary W. Bastian, Mayor Present
Dale H. Carlson, Councilmember Present
Frances L. Juker, Councilmember Present
George f. Rossbach, Councilmember Present
Joseph A. Zappa, Councilmember Present
D. APPROVAL OF MINUTES
Councilmember Zappa moved to aoorove the minutes of Meeting No. 91-06 (March 25
1991) as corrected:
1. Item L, 1, b: add and specified 3 particular areas of concern: (a) grade
crossings, (b) possible cut-through to Nighway 61, and (c) path for shuttle to Mall
area,"
2. Item G, 4, h. should actually be Item G, 2, i.
3. Item L, 4, a. change to "Councilmember Zappa
Seconded by Councilmember Juker Ayes - Councilmembers Carlson,
_ Juker, Rossbach, Zappa
Abstain - Councilmember Zappa
E. APPROVAL OF AGENDA
Mayor Bastian moved to aoorove the Agenda as amended:
1. N.E.S.T.
2. 375 E. Roselawn
3. Champion Auto Sign
4. Recycling
5. Park Commission/Council
6. Firefighter Relief Association Meeting
7. Attorney-Client Session to discuss pending litigation (after Item J)
8. Set date for 1990 Audit Meeting
Seconded by Councilmember Zappa Ayes - all
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F. CONSENT AGENDA
Councilmember Zappa moved, seconded by Councilmember Carlson: Aves - all. to aoorove the
Consent Agenda items 1 throuoh 4 as recommended:
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 654,839.96 Checks #12064 - #12145
Dated 03-13-91 thru 03-29-91
$ 312.975.51 Checks #12685 - #12793
Dated 04-08-91
$ 967,815.47 Total per attached voucher/check register
PAYROLL: $ 125,517.06 Payroll Checks dated 03-29-91
$ 10.227.79 Payroll Deductions dated 03-29-91
$ 135,744.85 Total Payroll
$1,103,560.32 GRAND TOTAL
2. Authorization to Dispose of 1984 Records
91-04-43
RESOLUTION FOR DESTRUCTION OF CITY RECORDS
WHEREAS, M.S.A. 138.17 governs the destruction of city records; and
WHEREAS, a 1 i st of records has been presented to the Counci 1 with a
request in writing that destruction be approved by the Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA;
1. That the Finance Director is hereby directed to apply to the
Minnesota State Historical Society for an order authorizing
destruction of the records as described in the attached list.
2. That upon approval by the State of the attached application, the
Finance Director is hereby authorized and directed to destroy
the records listed.
3. Contract for Insurance Consultant Services
Approved a three-year contract with Preferred Risk Consultants for insurance
consultant services.
4. Selection of Insurance Agents
Appointed Ekblad, Pardee & Bewell, Inc., Hadtrath & Associates, Inc. and American
Agency be the City's agents for obtaining quotes for property/casualty insurance.
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G. PUBLIC HEARINGS
1. 7:00: Lot Width Variation & Lot Split: Frost Avenue & Adele Street (Kastner)
a. Mayor Bastian convened the meeting for a public hearing regarding a lot width
variation and lot split.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following person was heard:
Mr. Gary Kastner, the applicant
e. Mayor Bastian closed the public hearing.
f. Commissioner Anitzberger presented the Planning commission report.
g. Councilmember Zappa introduced the following Resolution and moved its adoption:
- 91-04-44
SUBDIVISION CODE VARIATION RESOLUTION
WHEREAS, Gary Kastner applied for a variation from the subdivision code.
WHEREAS, the legal description is:
Lots 11 through 16, Block 4, Kavanagh & Dawsons Addition to
Gladstone, Ramsey County, Minnesota.
WHEREAS, Section 30-(f)(b) (1) of the Maplewood Code of Ordinances requires that
corner lots have a minimum width of 100 feet.
WHEREAS, the applicant is proposing a corner lot width of 83.1 feet.
WHEREAS, this requires a variation of 16.9 feet.
WHEREAS, the history of this variation is as follows:
1. The Planning Commission discussed this variation on March 4, 1991. They
recommended that the City Council approve the variation.
2. The City Council held a public hearing on April 8, 1991. 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 a chance to speak and present written statements. The
Council also considered reports and recommendations from the City staff and
Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
variation for the following reasons:
1. This variation would not affect the plan and spirit of the ordinance.
2. Someone could build a house on this lot that meets all setback
requirements.
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3. The City has approved similar variations.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Zappa
Nays - Councilmembers Juker, RossbacF
h. Councilmember Zappa moved to approve the lot split to create three lots
sub.iect to the following-conditions:
1. The applicant removing the two sheds from Tract B .before the
City signs the new deeds.
2. The applicant recording the new deeds within one year of this
approval.
3. Removal of yard debris that exists.
4. Houses must conform to City Housing Codes and applicant must
obtain necessary permits.
5. Replace curb on Frost Avenue and have no access to Frost.
6. House to have Adele Street address.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Zappa
Nays - Councilmembers Juker, Rossbach
2, 7:15: South of Minnehaha Avenue:
Land Use Plan (4 Votes)
Zoning Map Change (4 Votes)
a. Mayor Bastian convened the meeting for a public hearing regarding the Land Use
Plan and Zoning Map Change.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
_ d. Commissioner Anitzberger presented the Planning Commission Report.
- e. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Phyllis Schwartz, 649 Ferndale Street
Hesiem Qureshi, 900 Mendakota, Mendota Heights
Jim Embertson, 585 Ferndale
Robert Schwartz, 649 Ferndale Street
Harold Pearl, 657 Ferndale
Fransico Cahle, 2707 Margaret
Bernard Mehr; 687 Ferndale
Tom Anquist, 635 No. Ferndale
Kim Cahle, 2707 Margaret
f. Mayor Bastian closed the public hearing.
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g. Councilmember Zappa introduced the following Resolution and moved its adoption•
91-04-45
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, the Maplewood City Council initiated a change to the City's land use
plan from RH (residential high density) to RL (residential low density).
WHEREAS, this change applies to the property identified as Group One in the
February, 1991 staff report. These are 2504 through 2550 and 2648 through 2688
Minnehaha Avenue. The property identification numbers are 36-29-22-12-0019, 36-29-
22-12-0020, 36-29-22-12-0021, 36-29-22-12-0022, 36-29-22-12-0023, 36-29-22-12-0024,
36-29-22-12-0025, 36-29-22-12-0026,36-29-22-11-0002,36-29-22-11-0005, 36-29-22-11-
- 0006, 36-29-22-11-0009, 36-29-22-11-0010 and 36-29-22-11-0060.
WHEREAS, the history of this change is as follows:
1. The Planning Commission held a public hearing on March 4, 1991.
City staff published a hearing notice in the Maplewood Review and
sent notices to the surrounding property owners as required by law.
The Planning Commission gave everyone at the hearing a chance to
speak and present written statements. The Planning Commission
recommended to the City Council that the plan amendment be approved.
2. The City Council discussed the plan amendment on April 8, 1991.
They considered reports and recommendations from the Planning
Commission and City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
change for the following reasons:
1. The change would be consistent with the goals and policies in the
Comprehensive Plan.
2. The RL classification would be more compatible with the existing
land uses than with the RH classification.
3. There are no plans to redevelop these lots with multiple dwellings.
Seconded by Councilmember Carlson Ayes - all
g. Councilmember Rossbach introduced the following Resolution and moved its
adootion:
91-04-46
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, the Maplewood City Council initiated a change to the City's land use
plan from RH (residential high density) to OS (open space).
WHEREAS, this change applies to the property identified as Group Two in the
February, 1991 staff report. These are on the corner of Minnehaha and Ferndale. The
property identification numbers are 36-29-22-11-0010, 36-29-22-11-0011, 36-29-22-12-
0001, 36-29-22-12-0002, 36-29-22-12-0003 and 36-29-22-12-0004. The legal description
is Lots 4 and 5, Block 2, Farrell's Addition, and Lots 1 through 5, Block One, Minty
Acres Addition.
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WHEREAS, the history of this change is as follows:
1: The Planning Commission held a public hearing on March 4, 1991. City staff
published a hearing notice in the Maplewood Review and sent notices to the
surrounding property owners as required by law. The Planning Commission
gave everyone at the hearing a chance to speak and present written
statements. The Planning Commission recommended to the City Council that
the plan amendment be approved.
2. The City Council discussed the plan amendment on April 8, 1991. They
considered reports and recommendations from the Planning Commission and City
staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
change for the following reasons:
1. The change would be consistent with the goals and policies in the
comprehensive plan.
2. Development restrictions on these properties because of the wetlands
prohibit any filling or building on them.
Seconded by Councilmember Carlson Ayes - all
h. Councilmember Zappa introduced the following Resolution and moved its
adoption:
91-04-47
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, the Maplewood City Council initiated a change to the City's land use
plan from RH (residential high density) to OS (open space).
WHEREAS, this change applies to the property located on the northwest corner of
Margaret Street and Century Avenue identified as Group Three in the February, 1991
staff report. The property identification numbers are 36-29-22-11-0021 and 36-29-22-
11-0022. The legal description is Lots 9 and 10, Block One of Farrell's Addition.
WHEREAS, the history of this change is as follows:
1. The Planning Commission held a public hearing on March 4, 1991. City staff
published a hearing notice in the Maplewood Review and sent notices to the
surrounding property owners as required by law. The Planning Commission
gave everyone at the hearing a chance to speak and present written
statements. The Planning Commission recommended to the City Council that
the plan amendment be approved.
2. The City Council discussed the plan amendment on April 8, 1991. They
considered reports and recommendations from the Planning Commission and City
staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
change for the following reasons:
1. The change would be consistent with the goals and policies in the
comprehensive plan.
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2. The City is planning a storm water pond that will cover the entire site.
Seconded by Council member Carlson Ayes - all
i. Councilmember Zappa introduced the following Resolutions and moved their
adoption:
91-04-48
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, the City of Maplewood initiated a change to the City's land use plan
from DR (development-research) and RH (residential high density) to LSC (limited
service commercial) and OS (open space).
WHEREAS, this change applies to the property located west of Carlton Street,
south of the extension of the Margaret Street right-of-way and the wetlands and
ponding on the 3M property.
WHEREAS, the history of this change is as follows:
1. The Planning Commission held a public hearing on March 4, 1991. City staff
published a hearing notice in the Maplewood Review and sent notices to the
surrounding property owners as required by law. The Planning Commission
gave everyone at the hearing a chance to speak and present written
statements. The Planning Commission recommended to the City Council that
the plan amendment be approved.
2. The City Council discussed the plan amendment on April 8, 1991. They
considered reports and recommendations from the Planning Commission and City
staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
change for the following reasons:
1. The change would be consistent with the goals and policies in the
comprehensive plan.
2. This site is part of the Carlton Racquetball Club site which the City is
planning for LSC use.
3. High density residential development is not likely on this site because of
the wetlands.
91-04-49
RESOLUTION: ZONING MAP CHANGE
WHEREAS, the City of Maplewood initiated a change for the zoning map from R-3
(multiple-dwelling residential) to M-1 (light manufacturing.)
WHEREAS, this change applies to the property located west of Carlton Street south
- of the extension of the Margaret Street right-of-way. The legal description is the
South 660 feet of the following properties:
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1. Except the North 324 feet; the part lying west of Carlton Street of
following: The East 1/2 of West 1/2 of the East 3/4 of Northwest 1/4 of the
Northeast 1/4 (subject to road and easements) in Section 36, Township 29,
Range 22, (PIN 36--29-22-12-0018).
2. Subject to avenue and sewer easement and except West 100 feet, the West 1/2
of West 1/2 of East 3/4 of Northwest 1/4 of Northeast 1/4 of Section 36,
Township 29, Range 22, (PIN 36-29-22-12-0020).
3. Subject to avenue and sewer easement, the West 100 feet of East 3/4 of
Northwest 1/4 of Northeast 1/4 of Sect. 36, Township 29, Range 22, (PIN 36-
29-22-12-0021).
WHEREAS, the history of this change is as follows:
1. On March 4, 1991, the Planning Commission recommended that the City Council
approve the change.
2. The City Council held a public hearing on April 8, 1991. 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
Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and intent of the
zoning code.
2. The proposed change will not substantially injure or detract from the use of
neighboring property or from the character of the neighborhood, and that the
use of the property adjacent to the area included in the proposed change or
plan is adequately safeguarded.
3. The proposed change will serve the best interests and conveniences of the
community, where applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical,
efficient, and economical extension of public services and facilities, such
as public water, sewers, police and fire protection and schools.
5. The proposed change would be consistent with the proposed LSC land use
designation.
6. Multiple-family development is not likely on this site because of the
wetlands.
Seconded by Councilmember Carlson Ayes - all
3. 7:45: Maryland Avenue, Between McKnight Rd. and Lakewood Dr.
Land Use Plan Change (4 Votes)
Zoning Map Change (4 Votes)
a. Mayor Bastian convened the meeting fora public hearing regarding a Land Use Plan
change and Zoning Map change between McKnight Road and Lakewood Drive.
8 4-8-91
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Commissioner Anitzberger presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following was heard:
Vern Patten, 1262 No. McKnight
f. Mayor Bastian closed the public hearing.
g. Councilmember Rossbach moved to take no action and leave the current Land Use
Plan and zoning.
Seconded by Mayor Bastian Ayes - all
4. 8:15: Code Change: Underground Sprinklers (1st Reading)
a. Mayor Bastian convened the meeting fora public hearing regarding a change in the
code governing underground sprinklers.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Mayor Bastian opened the public hearing, calling for proponents or opponents.
None were heard.
e. Mayor Bastian closed the public hearing.
f. Councilmember Juker moved to take no action.
Seconded by Councilmember Zappa Ayes - Councilmembers Carlson, Juker,
Rossbach, Zappa
Nays - Mayor Bastian
5. 8:30: Code Change: Temporary Signs (1st Reading)
a. Mayor Bastian convened the meeting for a public hearing regarding a change in the
code governing temporary signs.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Mayor Bastian opened the public hearing, calling for proponents or opponents.
e. Mayor Bastian closed the public hearing.
f. Councilmember Rossbach moved first reading to amend the code regarding temporary
signs to include any banner, portable sign. advertising balloon. searchlight.
manual or electronic noise amplification systems
Seconded by Councilmember Zappa Ayes - all
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g. Council requested the Community Design Review Board take a look at the partially
deflated balloon on the ReMax building.
6. 8:45: Liquor License: Chalet Lounge - McDonough
a. Mayor Bastian convened the meeting for a public hearing regarding an application
for a liquor license.
b. Manager McGuire presented the staff report.
c. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following was heard:
Tom McDonough, the applicant
d. Mayor Bastian closed the public hearing.
e. Councilmember Zappa introduced the following Resolution and moved its adoption:
91-04-50
APPROVAL OF LIQUOR LICENSE
NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of
the City of Maplewood on April 8, 1991, an On Sale Intoxicating Liquor
License was approved for Thomas J. McDonough, dba Chalet Lounge at 1820 Rice
Street.
The Council proceeded in this matter as outlined under the provisions of
the City Ordinances.
Seconded by Councilmember Bastian Ayes - all
H. AWARD OF BIDS
1. Recycling Containers
a. Manager McGuire presented the staff report.
b. Assistant Manager Maglich presented the specifics of the report
" c. Councilmember Zappa moved to accent the EXT bid of $4.81 fora 4-bag container
and authorize aurchase of 7.250 containers.
Seconded by Mayor Bastian Ayes - all
I. UNFINISHED BUSINESS
1. Market Analysis for Proposed Community Center
a. Manager McGuire presented the staff report.
b. Rebecca Yount, Springsted, Inc. explained their proposal.
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c. Mayor Bastian moved to approve the agreement with Springsted. Inc. to
perform a market analysis and revenue/cost pro.iection study for the
proposed community center for an amount not to exceed $12.800.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Rossbach
Nays - Councilmember Zappa
d. Don Wiegert, member of the Community Center Advisory Commission, spoke
on behalf of the proposal.
2. Land Use Plan Change: Maryland Ave. & Lakewood Drive, Southeast Corner (4 Votes)
a. Manager McGuire presented the staff report.
b. Community Development Director Olson presented the specifics of the report
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following were heard:
_ Richard Sagstetter, part owner
Richard Webb, developer of a senior project
Richard Schreier, 2125 Desoto
d. Mayor Bastian moved to have staff prepare a resolution regarding land use change
from RM to RH and submit it to Council for property relating to senior citizen
housing.
Seconded by Councilmember Zappa Ayes - all
3. Code Change: R-1S District (2nd Reading - 4 Votes)
a. Manager McGuire presented the staff report.
b. Councilmember Zappa introduced the following Ordinance and moved its adoption:
ORDINANCE N0. 684
AN ORDINANCE AMENDING THE R-2 (DOUBLE-DWELLING RESIDENCE) ZONING DISTRICT
AND CREATING THE R-1S (SMALL LOT SINGLE-DWELLING RESIDENCE) ZONING DISTRICT
THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 36-9 is amended as follows:
Section 36-g. Zoning districts.
11 4-8-91
The City is hereby divided into the following zoning districts:
F, Farm Residence District.
R-1, Residence District (Single Dwelling).
R-1S, Small-Lot Single-Dwelling District.
R-2, Residence District (Double Dwelling)
R-3, Residence District (Multiple Dwelling).
R-E, Residence Estate District.
NC, Neighborhood Commercial District
CO, Commercial Office District.
BC, Business and Commercial District.
LBC, Limited Business Commercial District.
BC(M), Business Commercial Modified District.
SC, Shopping Center District.
M-1, Light Manufacturing District.
M-2, Heavy Manufacturing District.
Section 2. Sections 36-84.1 - 36-84.11 are added as follows:
DIVISION 36 R-1S SMALL-LOT SINGLE-DWELLING DISTRICT
The following requirements apply to all lots in the R-1S District:
Sect. 36-84.1. Uses
The City shall only allow the following uses:
(a) Permitted uses:
(1) Any permitted use in the R-1 District.
(b) Conditional uses. The City may permit the following by conditional use
permit:
(1) Any use permitted by conditional use permit in the R-1 District.
Attachment 1
Sect. 36-84.2. Height of buildings.
The Maximum height of a single-family dwelling shall be thirty (30) feet,
measured from any street-side grade of the site.
Sect. 36-84.3. Lot area and width; sewer requirements.
(a) No person shall build a single-family dwelling on a site less than seven
thousand five hundred (7,500) square feet in area.
(b) No person shall build a single-family dwelling on a lot with less than sixty
(60) feet of width for an interior lot or eight-five (85) feet of width for
a corner lot.
(c) No person shall build a single-family dwelling unless a public sanitary
sewer is available.
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Sect. 36-84.4. Front yards.
Each lot shall have a front yard of not less than thirty (30) feet in depth
facing any street. If fifty (50) percent or more of the dwellings on the same street
have a predominant front yard setback different than thirty (30) feet, then all
buildings thereafter erected, altered or moved on that street shall conform to that
predominant front yard depth.
Sect. 36-84.5. Side yards.
Each lot shall have a side yard of at least five (5) feet on one side of a lot
and ten (10) feet on the other side. The following exceptions shall apply:
(1) The side yard on the street side of a corner lot shall have a width of at
least thirty (30) feet.
(2) A church or school shall have a side yard of at least fifty (50) feet on
each side adjoining other property.
(3) When two (2) or more adjoining lots are used as a single-building site, the
side yard requirements shall apply only to the outside lot lines.
Sect. 36-84.6. Rear yards.
(a) Single-family dwellings shall have a rear yard setback of at least twenty
(20) percent of the lot depth.
(b) Accessory buildings shall have rear yard setback of at least five (5) feet.
Sect. 36-84.7. Tower, antenna and flagpole setbacks.
Towers, antennas and flagpoles shall meet the same setbacks as accessory
buildings.
Sect. 86-84.8. Minimum foundation areas; room requirements.
(a) The minimum foundation area shall be at least:
(1) A one-story dwelling, nine hundred fifty (950) square feet.
_ (2) A one and one-half story dwelling, seven hundred twenty (720) square
feet.
(3) A bi-level dwelling, eight hundred sixteen (816) square feet.
(4) A tri-level dwelling, seven hundred sixty-five (765) square feet.
(5) A two-story dwelling, five hundred twenty-eight (528) square feet.
(b) Room size and number shall be consistent with Uniform Building Code
standards.
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Sect. 36-84.9. Building width requirements
The minimum building width on any side shall be at least twenty-one (21) feet.
The building width shall not include entryways or other appurtenances that do not run
the full depth of the building.
Sect. 36-84.10. Accessory buildings.
Section 36-77 in the R-1 District shall apply to accessory buildings in the R-1S
district.
Sect. 36-84.11. Exterior design approval.
The exterior design and appearance of all single-family homes in the R-IS
Residence District must be approved by the Director of Community Development as
required in Section 25-67 of City Code.
Section 3. This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Carlson Ayes - all
4. Code Change: Mining or Construction Material Recycling (2nd Reading - 4 Votes)
a. Manager McGuire presented the staff report.
b. Mayor Bastian introduced the following Ordinance and moved its adoption:
ORDINANCE N0. 685
A CHANGE TO THE MINING ORDINANCE -
TO INCLUDE RECYCLING OF CONSTRUCTION-MATERIALS
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 1-27 is added as follows:
Sec. 1-27. Liability for approvals.
Any approval required by this Code, or compliance with the conditions of such
approval or with the requirements of this Code shall not relieve any person from any
responsibility for damage to persons or property; nor shall such approvals or
requirements impose any liability on the City, its officers or employees for any
injury or damage to persons or property.
Section 2. Section 36-437 is amended as follows:
Sec. 36-437. Conditional Uses.
The City Council 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 or construction-material recycling. (Refer to the requirements under
Article IV of this chapter.)
14 4-8-91
(3) Library, community center, state-licensed day care or residential program (unless
exempted by state law), church, hospital, any institution of any educational,
philanthropic or charitable nature, cemetery, crematory, mausoleum or any other
place for the disposal of the human dead.
(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 a drugstore, beauty parlor, barbershop, medical office or
similar use.
(6) Planned unit developments (PUD).
(7) Construction of an outlot. (Ord. No. 648, § 5, 7-20-89)
Section 3. Article IV of Chapter 36 is changed to read as follows:
ARTICLE IV.
MINING OR CONSTRUCTION MATERIAL RECYCLING
Sec. 36-401.. Purpose and intent.
The purpose and intent of this article is: To provide for the availability of
minerals and recycled construction materials to establish reasonable and uniform
limitations, safeguards and controls for the future production of said materials; to
control the effect of any operations upon adjacent property and other areas of the
City; to provide for the restoration of any area used for mining or construction-
material recycling; to control and minimize pollution; all in furtherance of the
health, safety and general welfare of the citizens of the City. (Ord. No. 415, §
917.010, 4-28-77)
Section 36-402. Applicability.
This article shall apply to all mining and construction-material recycling
operations:
Sec. 36-403. Definitions.
The following words, terms and phrases shall have the following meanings respectively
ascribed to them:
Construction-material recycling: The crushing, processing, stockpiling and sale of
construction debris.
Dust: Air-borne inorganic particulate matter other than smoke.
Minerals: Nonmetallic materials found in the earth including, but not limited to,
sand, gravel, rock and soil, which may be covered by overburden.
Mining: The removal, stockpiling or processing of minerals. Mining does not include
grading, excavation or filling approved by the City as part of a subdivision,
building permit or grading permit.
Operator: The person responsible for operating a use regulated by this article.
15 4-8-91
Overburden: Those materials which lie between the surface of the earth and mineral
deposits.
Rehabilitation: To renew land to a self-sustaining long-term use which is compatible
with adjacent land uses, present and future, according to the standards in this
article.
Topsoil: That part of the overburden which supports the growth of vegetation.
(Ord. No. 415, § 917.030, 4-28-77)
Sec. 36-404. Permit required.
Except as otherwise provided in this article, it shall be unlawful for any person to
engage in mining or construction-material recycling without getting a conditional use
permit. (Ord. No. 415, § 917.040, 4-28-77)
Sec. 36-405. Exemptions from permit requirements.
Section 36-404 shall not apply to emergency work necessary to preserve life or
property. Before emergency work is performed under this section, the operator
performing it shall report the pertinent facts about the work to the City Manager.
The City Manager shall review the facts and determine whether an emergency exists.
- If so, the Manager shall, by written memorandum, authorize the work. The operator
shall, within ten (10) days following the start of the work, apply fora conditional
use permit. The City Manager may also authorize an emergency exception to any of the
conditions of an existing permit. (Ord. No. 415, § 917.050, 4-28-77)
Sec. 36-406. Applications for permits; procedures; contents of application.
(a) In addition to the general application requirements for a conditional use permit,
the application shall contain:
(1) The name, telephone number and address of the operator or responsible
person;
(2) The quality and quantity of materials to be mined;
(3) The depth of water tables on the site;
(4) The average thickness of overburden on the site;
(5) The estimated time required to complete each phase of the operation;
(6) The plan of operation, including processing (any operation other than direct
mining and removal), nature of the processing and equipment, location of the
work, source of water, disposal of water and reuse of water;
(7) Travel routes to and from the site;
(8) The plans for wind and water erosion control, site security, sedimentation
and dust control;
(9) A rehabilitation plan. Such plan shall illustrate, using appropriate
photographs, maps or surveys, the following:
a, Two-foot contours of the site before excavation and after completion of
rehabilitation;
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b. Those areas of the site to be used for storage of topsoil and
overburden;
c. A schedule of the timetable for any mining or rehabilitation of the
site;
d. A description of the type and quantity of plantings for revegetation;
and
(10) A screening and berming plan, showing how views from surrounding land uses
and public streets will be screened. This plan shall include cross-section
drawings to scale along typical sight lines.
Sec. 36-407. Conditions.
The City may attach conditions to the permit that limit the size, kind or character
of the proposed operation, require the construction of structures, require the
staging of operations, require the alteration of the site design, or require an
irrevocable letter of credit to ensure compliance with these regulations in this
article or other similar requirements.
Sec. 36-408. Hold harmless agreement and insurance.
Any operator issued a permit under this article shall furnish the City with a "hold
harmless agreement," subject to the approval of the city attorney, and shall provide
evidence of, and shall maintain in force at all times, comprehensive general
liability and automobile liability insurance, as per the maximum liability pursuant
to MSA 465.04, with the City shown as an additional insured for this operation.
(Ord. No. 415, § 917.080 (3), 4-28-77)
Sec. 36-407. Setbacks.
Operations permitted under this article shall not be conducted within:
(1) Fifty (50) feet of an existing street or highway;
(2) Thirty (30) feet of the right-of-way of an existing public utility;
(3) Fifty (50) feet of the boundary of any zone where such operations are not
permitted; or
(4) Thirty (30) feet of the boundary of an adjoining property not in mining or
construction-materials recycling use.
Sec. 36-410. Fencing.
The operator shall fence any area where collections of water are one and one-half (1
1/2) feet in depth or more, or where excavation slopes are steeper than one foot
vertical to one and one-half (1 1/2) feet horizontal, and any other areas where
obvious danger to the public exists, when such a situation has existed or will exist
fora period of five (5) working days or longer. The city engineer shall review such
fencing to assure its adequacy. He may waive this requirement or require additional
measures based on his judgment and the characteristics of the particular instances.
As an alternative, the city engineer may require perimeter fencing of the entire
site.
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Sec. 36-411. Appearance and screening.
The operator shall:
(1) Keep machinery in good repair and paint it regularly;
(2) Remove abandoned machinery, equipment and rubbish from the site;
(3) Have all structures necessary to the operation of the site approved by the City
Council at the time that the Council approves the conditional use permit;
(4) Remove all equipment and temporary structures not later than six (6) months after
ending the operation or expiration of the permit;
(5) Where practical, use stockpiles of overburden and materials, including plantings,
to screen the site;
(6) Plant trees, berm or screen the perimeter of the site as required by the City
Council. The Council may also limit the height of material piles, where they
would be visible to adjacent properties;
(7) Preserve existing tree and ground cover where feasible, including the
transplanting of trees, shrubs and other ground cover along all setback areas.
Sec. 36-417. Operations; noise; hours; explosives; dust; water pollution; topsoil
preservation; vibration.
The following standards shall apply to any operation permitted under this article:
(1) The noise level at the perimeter of the site shall be within the limits set by
the Minnesota Pollution Control Agency.
(2) Operations shall not start before 7:00 a.m. nor continue after 7:00 p.m.
(3) The operator shall not use explosives.
(4) Operators shall use all practical means to reduce the amount of dust caused by
the operation. The amount of dust or other particulate matter shall not exceed
the standards of the Minnesota Pollution Control Agency. If a problem develops,
the City shall have the authority to stop the operation until the problem is
solved,
(5) Operators shall obey all applicable city, county, state and federal regulations
for the protection of water quality, including the Minnesota Pollution Control
Agency and Federal Environmental Protection Agency regulations for the protection
of water quality. No waste products or process residue, including untreated wash
water, shall be deposited in any lake, stream or natural drainage system.
(6) The operator shall retain all topsoil at the site until complete rehabilitation
of the site has taken place according to the rehabilitation plan.
(7) The operator shall not allow any equipment oh the site to cause vibrations on
adjacent property.
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Sec. 36-418. Rehabilitation.
The operator shall:
(1) Start rehabilitating the site as quickly as possible after the mining operation
has moved into another part of the site.
(2) Rehabilitate the site in accordance with the rehabilitation plan. No
rehabilitation slopes shall be steeper than five (5) feet horizontal to one foot
vertical; except that the City may permit steeper slopes if the City has approved
them for recreational uses such as ski and sliding hills.
(3) Cover all slopes and graded areas with at least three (3) inches of topsoil and
plant such areas with enough ground cover to hold the soil. The operator shall
maintain such ground cover until it is self-sustained.
(4) Eliminate all water areas resulting from excavation upon rehabilitation of the
site, unless these water areas are on the approved plan.
(5) Grade the site so that no part, except land planned for open space, shall be
lower than the minimum required for connection to a sanitary or storm sewer.
Sec. 36-419.
The Council, in approving a conditional use permit under Article IV, may require an
advisory body constituted pursuant to its motion on the permit.
Secs. 6-420--36-435. Reserved.
Section 4. This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Zappa Ayes - all
c. Councilmember Zappa moved to place a planning fee chance in Section 36.
Seconded by Mayor Bastian Ayes - all
J. NEW BUSINESS
1. 1991 Budget Cuts
a. Manager McGuire presented the staff report.
b. Mayor Bastian moved to adopt the budget cuts as outlined in the report
Seconded by Councilmember Zappa Ayes - all
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2. Maple Leaf Sculpture
a. Councilmember Rossbach presented the staff report.
b. Mayor Bastian donated $50.00 in the name of Christopher and Alexander Bastian
toward the purchase of the Maple Leaf Sculpture.
c. Councilmember Zappa moved to order the Maple Leaf Sculpture from Cooper Land in
Michigan to be paid for from donations.
Seconded by Councilmember Rossbach Ayes - all
3. 1991 Dispatching Contracts
a. Manager McGuire presented the staff report.
b. Mayor Bastian moved to approve the dispatching agreements between the Citv and
North St. Paul. Woodbury Fire Department. Oakdale Fire Department and East County
Line fire Department/Oakdale Ambulance.
Seconded by Councilmember Juker Ayes - all
Ko VISITOR PRESENTATIONS
1. Frank Frattalone
Mr. Frattalone asked the Council to reconsider his application for recycling
mining operation.
No action taken
Mayor Bastian moved to suspend the Rules of Procedure to meet until 11:00 P.M.
Seconded by Councilmember Carlson Ayes - all
Mayor Bastian moved to suspend the Rules of Procedure to delete the Attornev(Client
closed session from the Agenda.
Seconded by Councilmember Carlson Ayes - all
L. COUNCIL PRESENTATIONS
1. N.E.S.T.
a. Councilmember Zappa moved to suspend the Rules of Procedure to consider
this item.
Seconded by Mayor Bastian Ayes - all
b. Councilmember Zappa reported he and Councilmember Rossbach had attended
a meeting at 3M about a seminar to apprise citizens of services
available to them.
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c. Councilmember Zappa moved to authorize an exaenditure of 510.00 to
provide a donation of a N. E.S.T. ticket for the 3M seminar.
Seconded by Mayor Bastian
d. Councilmember Rossbach reported that North St. Paul and Oakdale are
each donating a N.E.S.T. ticket.
Ayes - all
2. 375 East Roselawn
a. Councilmember Zappa requested information regarding when the property at
375 E. Roselawn which was damaged by fire will be cleaned up.
b. Staff stated the resident has received bids and has until Friday (4/20)
to start the clean-up. If they do not start by then, the City will
start on Monday.
3. Champion Auto Sign
a. Councilmember Juker commented on the poor appearance of the Champion
Auto Sign on North St. Paul Road.
b. Councilmember Juker moved to direct staff to investigate and determine
what can be done to improve the Sion.
Seconded by Mayor Bastian Ayes - all
4. Recycling
a. Mayor Bastian reported that one of the common comments at the Recycling
forum related to dissatisfaction with. having to put the recycling
materials on the curb by 6:30 a.m.
b. Mayor Bastian moved to direct staff to investigate recvcling and Qarbaye
- pick up times.
Seconded by Councilmember Rossbach Ayes - all
c. Mayor Bastian asked if the City would have a "wood pile" at the recycling center
on City property as it did last year, and whether the City can institute a wood
chipping or burning operation.
Council directed staff to investigate options and make recommendations.
5. Council/Park and Recreation Commission Meeting
a. Mayor Bastian requested a meeting with the Park and Recreation Commission to
discuss park planning procedures and open space.
b. Councilmember Zappa moved to direct staff to establish a meeting date with the
Park and Recreation Commission.
Seconded by Councilmember Rossbach Ayes - all
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6, Firefighters Relief Committee
a. Mayor Bastian stated there is an interest in sitting down with the Mayor,
Manager, Public Safety Director, Finance Director and the Firefighters Relief
Committee to discuss the relief payments.
= b. .Councilmember Zappa moved to .have a report regarding the nature of the
Citv contributions made to the Relief Association of the volunteer fire
department.
Seconded by Mayor Bastian Ayes - all
M. ADMINISTRATIVE PRESENTATIONS
1. Meeting - 1990 Audit
a. Mayor Bastian moved to establish a meeting date of April 22 1991 at 6.30 p m
to review the 1990 Audit.
Seconded by Councilmember Zappa Ayes - all
N. ADJOURNMENT OF MEETING
Meeting adjourned at 10:55 p.m.
.':i',-wit-ll~C"C'..,a A1• L^--~.cf-Cy~GGc>
Lucille E. Aurelius
City Clerk
i
22 4-8-91