HomeMy WebLinkAbout06-10-91 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, June 10, 1991
Council Chambers, Municipal Building
Meeting No. 91-11
w. 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 7:02 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
1. May 20, 1991 Council/Manager Meeting
Councilmember Zappa moved to approve the minutes of the Mav 20. 1991
_ Council/Manager Meeting as presented.
Seconded by Councilmember Rossbach Ayes - all
2. Meeting No. 91-10 (May 28, 1991)
Councilmember Zappa moved to approve the minutes of Meeting No. 91-10 ~Mav 28.
1991) presented.
Seconded by Councilmember Carlson Ayes - all
EA. PRESENTATIONS
1. Human Relations Commission Annual Report
a. Chairperson Karla Sand presented the 1990 Human Relations Commission Report.
b. Councilmember Zappa commended the Commission far their excellent report and moved
to receive the 1990 Human Relations Commission Report.
Seconded by Councilmember Carlson Ayes - all
E. APPROVAL OF AGENDA
Councilmember Zappa moved to approve the Agenda as amended:
1. Fleming Mobile Station/CDRB Report
2. Transportation (Item for Council/Manager Meeting)
3. Council Support for DWI Legislation
4. NEST
5. Soo Line Trail
Seconded by Councilmember Carlson Ayes - all
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F. CONSENT AGENDA
Councilmember Zappa moved seconded by Councilmember Carlson: aves - all, to aoarove the
consent agenda items 1 thru 8 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 345,685.94 Checks #13536 - #13597
Dated 5-15-91 thru 5-31-91
$ 51.750.37 Checks #13740 - #13845
Dated 6-10-91
$ 397,436.31 Total per attached voucher/check
register
PAYROLL: $ 187,234.49 Payroll Checks dated 5-24-91
$ 37.629.46 Payroll Deductions
$ 224,863.95 Total Payroll
$ 622,300.26 GRAND TOTAL
2. Contract Amendment - Little Canada Water
3. Budget Transfer - Tire Changing Equipment
Approved a budget transfer of $895 from the VEM Contingency Account to the VEM
Equipment - Other Account for the purchase of an air/hydraulic bead breaker for
changing large truck and tractor tires.
4. Shoulder Paving Agreement
Authorized the Mayor and Manager to execute Agreements 91009 through 91013 with
Ramsey County as follows:
91009 County construction of four-foot-wide paved shoulders on County Road B from
Atlantic Street to Hazelwood, at an estimated cost of $9,807, with the
City's share of this cost to be $7,355.
91010 County construction of six-foot-wide paved shoulders on County Road from
1,325 feet East of Rice Street to Edgerton Street at an estimated cost of
$13,608, with the City's share of this cost to be $10,206
91011 County construction of six-foot-wide paved shoulders on Joy Road from East
of Lydia Avenue to T.H. 120 with the City's share of this cost to be $3,991
91012 County construction of six-foot-wide paved shoulders on the South side of
Larpenteur Avenue from Beebe Road to T.H.120 at an estimated cost of $9,621,
with the City's share of this cost to be $7,216.
91013 City design and construction of the realignment of the Joy Road and Lydia
Avenue intersection (except for paving, curb construction and turf
establishment) subject to County approval, with the County paying the City
the actual difference between the in-kind restoration cost and the higher
cost of the intersection realignment (estimated difference: $38,199.11).
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5. Tax-forfeited Land Acquisition
91-6-66
RESOLUTION AUTHORIZING AN APPLICATION FOR
CONVEYANCE OF CERTAIN TAX-FORFEITED PARCELS
WHEREAS, the City of Maplewood has determined that the following-
described tax-forfeited land is required for drainage and ponding purposes:
Lot 8, Block 14, except North 5 feet, St. Aubin and Dion's Rice
Street Addition to the City of St. Paul, Ramsey County, Minnesota:
PIN 18-29-22-34-0073-5
Lot 9, Block 14, St. Aubin and Dion's Rice Street Addition to the
City of St. Paul, Ramsey County, Minnesota: PIN 18-29-22-34-0074-8
WHEREAS, ,acquisition of the above-referenced parcels would be
consistent with the City's drainage plan.
NOW, THEREFORE, BE IT RESOLVED, that the proper City officials be and
hereby are authorized to make an application for conveyance of said tax-
forfeited land for drainage purposes; and
BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized
to file a certified copy of this resolution and application for conveyance
of said tax-forfeited land in the office of the land commissioner.
6. Budget Transfer - Public Works
Authorized a budget transfer of $15,950 from the General Fund Contingency Account to
the Street Maintenance Budget for overtime pay ($12,390 - Account 101-502-000-4011)
and part-time pay ($3,560 - Account 101-502-000-4020) for personnel hours which will
be required due to not hiring a new maintenance worker.
7. Beam Avenue: Project 88-12 - No Parking Resolution
Approved the following Resolution:
91 - 06 - 67
RESOLUTION TO RESTRICT PARKING
WHEREAS, the City of Maplewood has planned the improvement of Beam
Avenue and Walter Street from Trunk Highway 61 to County Road D (CSAH 19);
and
WHEREAS, the City will be expending Municipal State Aid funds on the
improvement of this street; and
WHEREAS, this improvement does not provide adequate width for parking on
both sides of the street; approval of the proposed construction as a
Municipal State Aid Street project must, therefore, be conditioned on
certain parking restrictions, and
WHEREAS, part of the improvement is to be on a designated County State
Aid Highway route, and
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WHEREAS, the extent of these restrictions that would be a necessary
prerequisite to the approval of this construction as a Municipal State Aid
project in the City, has been determined.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that Ramsey County be requested to ban the parking of motor
vehicles at all times on both sides of Beam Avenue from 450 feet West of
Trunk Highway 61 at the terminus of designated CSAH 19 to Truck Highway 61.
8. Proclamation: National Flag Day
Issued the following Proclamation:
_ NATIONAL FLAG DAY
JUNE 14, 1991
Annual PAUSE FOR THE PLEDGE OF ALLEGIANCE to the Flag
WHEREAS, by Act of Congress of the United States dated June 14, 1777,
the first official Flag of the United States was adopted; and
WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year
was designated "NATIONAL FLAG DAY"; and
WHEREAS, the Congress has requested the President to issue annually a
proclamation designating the week in which June 14 occurs as NATIONAL FLAG
MEEK; and
WHEREAS, on December 8, 1982, the National Flag Day Foundation was
chartered to conduct educational programs and to encourage all Americans to
PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June 14.
WHEREAS, by Act of Congress Public Law 99-54 was passed to have the
PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National
Flag Day throughout the Nation; and
WHEREAS, Flag Day celebrates our Nation's symbol of unity, a democracy
in a republic, and stands for our Country's devotion to freedom, to the rule
of all, and to equal rights for all.
NOW, THEREFORE, the City Council of the City of Maplewood does hereby
proclaim June 14, 1991, as Flag Day and urges all citizens of Maplewood to
-pause at 7:00 p.m. (EDT) on this date for the eleventh annual PAUSE FOR THE
PLEDGE OF ALLEGIANCE to the Flag and join all Americans in reciting the
Pledge of Allegiance to our Flag and Nation.
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:13 P.M): 2210 White Bear Avenue (G.A.C. Auto Body)
Conditional Use Permit Revisions
Curbing Variance
Setback Variance
a. Mayor Bastian convened the meeting for a public hearing regarding a
requested amendment to the Conditional Use Permit and approval of
variances for General Advancement Corporation (GAC) at 2210 White Bear
Avenue.
b. Manager McGuire presented the staff report.
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c. Director of Community Development Olson presented the specifics. of the report.
d. Board member Bruce Thompson presented the Community Design Review Board
recommendation.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following person was heard:
George Tait, G.A.C. Auto Body, spoke on behalf of his proposal.
f. Mayor Bastian closed the public hearing.
g. Councilmember Zappa introduced the following Resolution and moved its adootion:
91-06-68
CONDITIONAL PERMIT RESOLUTION
WHEREAS, General Advancement Corporation applied for a Conditional Use
Permit to operate a used car sales business.
WHEREAS, this permit applies to 2210 White Bear Avenue. The property
identification number for this property is:
11-29-22-33-0013
WHEREAS, the property is legally described as:
BEG ON W L OF AND 2 65/100 FT N OF SW COR OF LOT 1 TH E 271
49/100 FT TH N TO PT IN CL Of VAC LAURIE RD 272 19/100 FT E
FROM W L OF SD LOT TH W TO W L OF SD LOT TH S TO BEG BEING
PART OF VAC RD AND PART OF SD LOT 1 BLK 20
WHEREAS, the history of this conditional use permit is as follows:.
1. The City Council granted this Conditional Use Permit and renewed it for
one year on October 22, 1990.
2. The Community Design Review Board considered a revision to this
Conditional Use Permit on May 14, 1991.
3. The City Council held a public hearing on June 10, 1991. 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 of the City staff and
Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council revise the above-
described Conditional Use Permit for the following reasons:
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.
5 6-10-91
4. The use would not involve any activity, process, materials, equipment or
methods of operation that would be dangerous, hazardous, detrimental,
disturbing or cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water or air
pollution, drainage, water run-off, vibration, general unsightliness,
electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets
and would not create traffic congestion or unsafe access on existing or
proposed streets.
6. The use would be served by adequate public facilities and services,
including streets, police and fire protection, drainage structures,
water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public
facilities or services.
8. The use would maximize the preservation of and incorporate the site's
natural and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. A license for the sale of used cars shall be obtained.
2. Exterior security lighting shall be provided around the car sales areas.
All security lighting shall be directed or shielded so as not to cause
any undue glare onto adjacent properties or roadways.
3. State approved reflectorized stop signs shall be provided at all exits.
4. There shall be no more than six (6) used vehicles for sale on the site
at one time. This condition shall be subject to change when the
Conditional Use Permit is reviewed at the time of renewal.
5. External noises shall be unobtrusive on adjacent properties. Noises
shall not exceed 50 decibels (normal conversation level) on adjacent
properties.
6. The drive and parking area on the South side of the building shall be
surfaced with bituminous.
7. Parking shall be allowed on bituminous areas only. All parking spaces
shall be striped to meet City standards (g-foot-wide stalls for employee
parking only and 9.5-foot-wide stalls for public and sales stalls). The
total number of off-street parking stalls shall be subject to the
: approval of parking reduction authorization. The number of required
parking stalls are in addition to those stalls designated for sales.
The perimeter of the West and North sides of the parking areas shall
have a continuous six-inch-high concrete curb which shall be subject to
City staff approval. The storage area behind the buildings shall be
excluded from the requirements contained in this condition.
8. All drive aisles shall be maintained to City standards for width and
design. No parking shall be permitted in the drive aisles.
6 6-10-91
9. All wood, snowmobiles, portable signs and miscellaneous junk shall be
removed from the site prior to the sale of vehicles.
10. There shall be no exterior storage of inoperable vehicles or parts of
vehicles anywhere on the property in questions, except in approved
storage areas.
11. As shown on the attached site plan, one-hundred percent (100% opaque
screening shall be provided across the fronts of the storage areas as
viewed from White Bear Avenue. The screening design shall be as
described in the letter from Tom Ekstrand to Bill Tait, dated October
31, 1989. Screening around the remainder of the storage area shall be
required within sixty (60) days of the issuance of a building permit for
the property immediately to the East of the site and shall be subject to
the City staff review and approval.
12. If any building remodeling is to occur, satisfaction of all requirements
of the Building Official and Fire Marshal.
13. No use of streamers, pennants, flags, flashing signs, or other obnoxious
sale devices unless approved by the Community Design Review Board.
14. Verify property lines.
15. Sod the strip of property North of the parking lot.
16. Pave the area north of the building with continuous curbing along the
North side.
Seconded by Councilmember Carlson Ayes - all
h. Councilmember Zappa introduced the following Resolution and moved its
adoation•
91-06-69
VARIANCE RESOLUTION
WHEREAS, General Advancement Corporation applied for a variance from the
zoning ordinance at 2210 White Bear Avenue. The property identification
number is: 11-29-22-33-0013.
WHEREAS, Section 36-22(c) of the Maplewood Code of Ordinances requires
continuous concrete curbing around for parking lots with more than 12
parking spaces.
WHEREAS, the applicant is requesting to not curb along anew part of the
parking lot.
WHEREAS, the history of this variance is as follows:
1. This variance was reviewed by the Community Design Review Board
on May 14, 1991. They recommended that the City Council approve
the variance.
7 6-10-91
2. The City Council held a public hearing on June 10, 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 variance for the following reasons:
1. There is a joint parking lot with the property to the South.
2. The curb is not needed for storm water runoff control.
Seconded by Councilmember Rossbach Ayes - all
i. Councilmember Rossbach introduced the following Resolution and moved its
adootion•
91-06-70
VARIANCE RESOLUTION
WHEREAS, General Advancement Corporation applied for a variance from the
zoning ordinance at 2210 White Bear Avenue. The property identification
number is: 11-29-22-33-0013.
WHEREAS, Section 36-28(5)(b) of the Maplewood Code of Ordinances
requires a five-foot parking lot setback from aside lot line.
WHEREAS, the applicant is proposing zero setback.
WHEREAS, this requires a variance of five feet.
WHEREAS, the history of this variance is as follows:
1. This variance was reviewed by the Community Design Review Board
on May 14, 1991. The recommended that the City Council approve
the variance.
2. The City Council held a public hearing on June 10, 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 variance on the basis that there is a joint parking lot with the
property to the South.
Seconded by Councilmember Juker Ayes - all
2. 7:20 P.M.(7:55 P.M.): Code Change: Mining Ordinance (2nd Reading) 4 Votes
a. Mayor Bastian convened the meeting for a public hearing regarding .
8 6-10-91
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.
No one appeared.
e. Mayor Bastian closed the public hearing.
f. Councilmember Zappa introduced the following Ordinance and moved its adoption:
ORDINANCE NO. 688
AN ORDINANCE UPDATING THE MINING ORDINANCE
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section I. Section I-27 is added as follows:
Sec. I-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:
(I) 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, 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:
9 6-10-91
ARTICLE IV. MINING
- Sec. 36-401. Purpose and intent.
The purpose and intent of this article is: To provide for the availability of
minerals; to establish reasonable and uniform limitations and safeguards for the
production of said minerals; 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; to control and minimize pollution; all in furtherance of the public
health, safety and general welfare. (Ord. No. 415, § 917.010, 4-28-77)
Section 36-402. Applicability.
This article shall apply to all mining operations.
Sec. 36-403. Definitions.
The following words, terms and phrases shall have the following meanings respectively
ascribed to them:
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 a mining operation.
Overburden: Those materials which lie between the surface of the earth and mineral
deposits.
Rehabilitation: To grade and landscape areas that have been mined so they are
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 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, 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)
10 6-10-91
Sec. 36-406. Contents of application,
(a) In addition to the general application requirements fora conditional use permit,
the application shall contain:
(1) The name, telephone number and address of the operator;
(2) The type 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,
including rehabilitation;
(6) The plan of operation, including processing, nature of the processing and
equipment, location of the work, source, disposal and reuse of water;
(7) Travel routes to and from the site;
_ (8) Plans for controlling drainage, wind and water erosion, site security,
sedimentation and dust;
(g) A rehabilitation plan that shows the following:
a. Two-foot contours of the site before excavation and after completion of
rehabilitation;
b. Those areas of the site to be used for storage of topsoil and
overburden;
c< A description of the type and quantity of plantings for revegetation;
(Ord, No, 415, §917.060(1), (2), 4-28-77)
(10) A screening and berming plan, showing how the operator will screen views
from surrounding land uses and streets. 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 City regulations or the
conditions of the permit.
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 NSA 465.04, The operator shall show the City as an additional insured for this
operation.
11 6-10-91
Sec. 36-409. Setbacks.
There shall be no mining within:
(1) Fifty (50) feet of a street right-of-way;
(2) Thirty (30) feet of a public utility easement;
(3) Thirty (30) feet of the boundary of an adjoining property not in mining 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, where excavation slopes are steeper than one foot
vertical to one and one-half (1 1/2) feet horizontal or where obvious danger to the
public exists, when such a situation has existed or will exist for 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 situation. As an alternative, the City
Engineer may require perimeter fencing of the entire mining site.
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;
(4) Remove all equipment and temporary structures not later thirty (30) days after
ending the operation or expiration of the permit;
(5) Where practical, use plantings and stockpiles of overburden and minerals 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 mining operation:
(1) The noise level at the perimeter of the site shall be within the limits set by
the Minnesota Pollution Control Agency.
(2) Mining operations shall not start before 7:00 a.m. nor continue after 7:00 p.m.
The City Council may limit the operation to Monday through Friday.
(3) Explosives shall not be used.
12 6-10-91
(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 the site has been
rehabilitated according to the rehabilitation plan.
(7) The operator shall not allow any equipment on the site to cause vibrations on
I', adjacent property.
Sec. 36-418. Rehabilitation.
The operator shall:
(1) Start rehabilitating the site within ten (10) days after the mining operation has
moved into another part of the site.
(2) Rehabilitate the site according to 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 or 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. Advisory Group.
The Council, in approving a conditional use permit under Article IV, may appoint an
advisory body pursuant to its motion on the permit.
Secs. 6-420--36-435. Reserved.
Section 4. This ordinance shall take effect after its passage.
Seconded by Councilmember Carlson Ayes - all
H. AWARD OF BIDS
1. Hazelwood Fire Station
a, Manager McGuire presented the staff report.
13 6-10-9I
b. Director of Public Safety Collins 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 Rossbach moved to re.iect all bids and direct staff to repeat the
bid process with uniform specifications on Option A only.
Seconded by Councilmember Zappa Ayes - all
I. UNFINISHED BUSINESS
1. Code Change: Planning Fees (2nd Reading) 4 Votes
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach introduced the following ordinance and moved its
adoption:
ORDINANCE N0. 689
PLANNING FEES
Section 1. Section 36-20 of the Maplewood Code of Ordinances is
hereby changed as follows:
Section 36-26. Fees.
The following nonrefundable application fees shall be required:
Zone Change $274
Conditional Use Permit 180
Planned Unit Development 328
Comprehensive Plan Amendment 274
Variances:
R-1 55
All other districts 82
Vacations 58
Lot Divisions 38 for each lot created
Preliminary Plat 328
Preliminary Plat Time Extension 55
Final-Plat 55
Home Occupation Permit 51 for the initial permit
21 for annual renewal
In addition to the application fee fora conditional use permit,
the City shall charge the following fee at the time of issuing a
permit for mining. This fee shall be based on the quantity of
material identified in the permit. This fee shall not be
refundable.
1 to 10,000 cubic yards: $350 for the first 1,000 cubic
yards plus $250 for each additional 1,000 cubic yards plus
$250 for each additional 1,000 cubic yards or fraction
thereof.
14 6-10-91
10,001 to 100,000 cubic yards: $2500 for the first 10,000
cubic yards, plus $1950 for each additional 10,000. cubic
yards or fraction thereof.
Section 2. This ordinance shall take effect after its passage and
publication.
Seconded by Councilmember Zappa Ayes - all
c. Councilmember Rossbach moved to direct. staff that anv funds so collected
under the mining ordinance be designated for reforestation oroiects in
the Citv narks and to be addressed in the 1992 Budget
Seconded by Councilmember Zappa Ayes - all
J. NEW BUSINESS
1. 1992-1996 Capital Improvement Plan (4 Votes)
a. Manager McGuire presented the staff report.
b. Director of Finance Faust presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following were heard:
Chairman Les Axdahl presented the Planning Commission report.
d. Mayor Bastian moved to table for an opportunity for public inspection and to
rehear on June 24. 1991.
Seconded by Councilmember Zappa Ayes - all
2. Light Rail Transit
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson and 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 Rossbach moved a letter be sent to the Countv Light Rail
Transit Board to include staff recommendation.
Seconded by Councilmember Zappa Ayes - all
3. Holloway Avenue,. Project 87-14: Approve Plans
a: Manager Mc6uire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report
15 6-10-91
c. Councilmember Zappa introduced the following Resolutions and moved their
adoption:
91 -06-71
RESOLUTION APPROVING PLANS AND ADVERTISING FOR BIDS
WHEREAS, pursuant to Resolution passed by the City Council plans and
- specifications for Holloway Avenue, Beebe Road to Furness Street, Project
87-14, have been .prepared by (or under the direction of ) the City Engineer,
who has presented such plans and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1, Such plans and specifications, a copy of which are attached hereto and
made a part hereof, are hereby approved and ordered placed on file in
the office of the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the official
paper and in the Construction Bulletin an advertisement for bids upon
the making of such improvement under such approved plans and
specifications. The advertisement shall be published twice, at least
ten days before the date set for bid opening, shall specify the work to
be done, shall specify the work to be done, shall state that bids will
be publicly opened and considered by the Council after concurrence of
plan approval is received from North St. Paul and Ramsey County at the
City Hall and that no bids shall be considered unless sealed and filed
with the Clerk and accompanied by a certified check or bid bond, payable
to the City of Maplewood, Minnesota for five percent of the amount of
such bid. The bid date shall be set by the City Engineer.
3. The City Clerk and City Engineer are hereby authorized and instructed to
receive, open, .and read aloud bids received at a time to be scheduled
after plan approval by Ramsey County and the City of North St. Paul, and
to tabulate the bids received.
91-06-72
RESOLUTION TO RESTRICT PARKING
WHEREAS, the City of Maplewood has planned the improvement of Holloway
Avenue from Beebe Road to Furness Street; and
WHEREAS, the improvement is part of a cooperative agreement between the
City of Maplewood, City of North St. Paul, and the County of Ramsey
concerning the segment of Holloway Avenue from North St. Paul Road to
McKnight Road; and
WHEREAS, the City will be expending Municipal State Aid funds on the
improvement of this street; and
WHEREAS, this improvement does not provide adequate width for parking on
both sides of the street; approval of the proposed construction as a
Municipal State Aid Street project must, therefore, be conditioned on
certain parking restrictions, and
WHEREAS, the extent of these restrictions that would be a necessary
16 6-10-91
prerequisite to the approval of this construction as a Municipal State Aid
project in the City, has been determined.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA-that the parking of motor vehicles on the South side of Holloway
Avenue from North St. Paul Road to McKnight Road is banned at all times.
Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker,
Rossbach, Zappa
Nays - Mayor Bastian
= 4. Resolution Supporting Ramsey County's Acceptance of Optional Sales Tax
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved to table for further public comment until June 24.
1991.
Seconded by Mayor Bastian Ayes - all
5. Agreement with St. Paul Water Utility
a. Manager McGuire presented the staff report.
b. Mayor Bastian to table and go into closed Attorney/Client session after the end
of the Agenda.
Seconded by Councilmember Zappa Ayes - all
6. Ringette's Gambling Permit
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following was heard:
Joseph Strub, Coyote Lane, President of Ringettes
d. Mayor Bastian moved to deny the Ringettes reouest for a gambling permit in
Maplewood.
Seconded by Councilmember Zappa Ayes - all
7. Resignation of Maplewood's Ramsey/Washington Suburban Cable Commissioner
a. Manager McGuire presented the staff report.
b. Mayor Bastian presented the specifics of the report
c. Mayor Bastian moved to accept the resignation of Ann Fitch from the Cable
Commission with regrets and aooropriate thanks are forthcoming:
Seconded by Councilmember Zappa Ayes - all
17 6-10-91
K. VISITOR PRESENTATIONS
NONE
L. COUNCIL PRESENTATIONS
1. Fleming Mobile Station/CDRB Report
a. Councilmember Zappa stated that after reading the Community Design &
Review Board report he wished to challenge several items.
2. Transportation (Item for Council/Manager Meeting)
Transportation
Developments
Helping the Handicapped
3. Council support of DWI Legislation
a. Councilmember Zappa requested a resolution supporting DWI Legislation be
placed on the next agenda.
Seconded by Councilmember Carlson Ayes - all
4. N.E.S.T.
a. Councilmember Rossbach reported on the N.E.S.T. meeting and how little
it is used.
b. Councilmember Rossbach moved to develop cost information on N.E.S.T.
Seconded by Councilmember Zappa Ayes - all
5. Soo Line Trail -
Mayor Bastian discussed the plans the DNR has formulated for the trail. He
requested this item be placed on the June 24, 1991 Agenda.
At 9:45 P.M. Mayor Bastian moved to proceed to the closed Attorney/Client
negotiation/litigation session.
Seconded by Councilmember Zappa Ayes - all
Return to Open Session at 9:58 P.M.
Mo ADMINISTRATIVE PRESENTATIONS
None
N. ADJOURNMENT OF MEETING
9:59 P.M.
~~E'~c~,-,
Lucille E. Aurelius
City Clerk
18 6-10-91