HomeMy WebLinkAbout03-28-1994 MAPLEWOOD CITY COUNCIL
_ 7:00 P.M., Monday, March 28, 1994
Council Chambers, Municipal Building
Meeting No. 94-07
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 7:00 P.M. by Mayor Bastian.
B. PLEDGE OF ALLEGIANCE 7:01 P.M.
C. ROLL CALL: 7:02 P.M.
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Marvin C. Koppen, Councilmember... Present
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES: 7:03 P.M.
i. Council/Manager Meeting of March 7, 1994
Councilmember Carlson moved to aoarove the- minutes` of Council/Manager
Meeting of March 7, 1994 as presented.
Seconded by Mayor Bastian Ayes - all
2. Minutes of Meeting 94-06 (March 14, 1994)
Councilmember Rossbach moved to aoarove the minutes of Meeting No. 94-06
jMarch 14. 1994) as corrected:
Page 4, Item I-1, (b) (1): Change to - "One (1) architect,"
(2): Add - if available."
Seconded by Councilmember Koppen Ayes - all
E. APPROVAL OF AGENDA: 7:04 P.M.
Mayor Bastian moved to aparove the Agenda as amended:
L-1 Open House
L-2 Temporary Signs
L-3 Fire Contracts
Seconded by Councilmember Rossbach Ayes - all
~A. PRESENTATIONS
1. Human Relations Commission Appointment 7:05 P.M.
a. Manager McGuire presented the staff report..
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b. Mayor Bastian moved to apaoint Gail Schiff to the Human Relations
Commission to fill the vacancy created by the resignation of Jim
Garrett Her term will continue until December 31 1996.
Seconded by Councilmember Carlson Ayes - all
2. Park and Recreation Commission Appointments 7:12 P.M.
a. Manager McGuire presented the staff report.
b. Mayor Bastian moved to aoaoint Margaret Timmers and Susan M. Kramer to
fill the existing vacancies on the Park and Recreation Commission. Ms.
Timmers' term will expire on December 31. 1994 and Ms. Kramer's term
will expire on December 31, 1995.
Seconded by Councilmember Carlson Ayes - all
F. CONSENT AGENDA 7:12 P.M.
Councilmember Rossbach moved, seconded by Councilmember Carlson: ayes all, to
approve the consent agenda items F-1 thru F-10 as recommended.
- 1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 445,701.77 Checks #2166 - #2228
Dated 3-1-94 thru 3-15-94
S 746.251.78 Checks #12994 - #13155
Dated 3-28-94
$1,191,953.55 Total per attached voucher/check
register
PAYROLL: $ 213,100.70 Payroll Checks #39518 thru #39712
Dated 3-11-94
5 47.313.55 Payroll Deduction Checks #39717 thru
#39735 dated 3-11-94
$ 260,414.25 Total Payroll
1.452.367.80 GRAND TOTAL
2. Ambulance Bi11 - Application for Cancellation (Ramsdell)
Approved cancellation of an ambulance bill in the amount of $89.56 for Gary
Ramsdell.
3. Ambulance Bill - Application for Cancellation (Baum)
Approved cancellation of an ambulance bill in the amouht of $351.89 for
Edward Saum.
4. 1994 Fire Department Contracts - First Quarter Payments
Approved payment of first quarter contract payments to the Fire Department,
based on the amounts in the 1992 contracts, since the 1993 and 1994
contracts have not been finalized.
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5. Selection of Insurance Agents
Designated the Corporate 4 Insurance Agency to obtain renewal quotes on City
property and casualty insurance for 1994 and 1995, for a fee in the amount
of $3,975.
6. Revision of Minutes: 1191 Century Avenue - Valiukas
Authorized revision of the January 10, 1994 minutes to drop Condition 1 and
renumber the other conditions for a reduced setback at 1191 Century Avenue
South.
7. Time Extension: House Moving (1522 Sherren Avenue)
Approved a 60-day time extension for completing the house-moving work at
1522 Sherren Avenue, where the owner has been unable to install sewer and
water hook-ups because the ground is still frozen.
8. Purchase of RecWare Software (Parks & Recreation)
Authorized the appropriate budget adjustments in the amount of $5,800 to be
allocated from the excess of the 1993 Recreation Program budget to fund the
purchase of RecWare Pro Registration software, a personal computer, external
- tape back-up device, and a dot matrix printer.
9. Authorization to Hire 2 CSO\Paramedics
Authorized hiring two CSO/Paramedics which were included in the 1994 Budget.
10. Charitable Gambling Resolution - Moose Lodge
94-03-34
APPROVING CHARITABLE GAMBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that
the premises permit for lawful gambling is approved for Maplewood Moose
Lodge to be located at Maplewood Moose Lodge, 1946 English. Street.
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. Statutes No. 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.
EA. PRESENTATIONS (Continued) 7:15 P.M.
3. Boy Scout Troop 73
a. Josh Olson and Caleb Olson, 2731 Hazelwood, who are working on the Boy
Scout Citizenship Badges, introduced themselves to the Council and asked
questions.
G. PUBLYC HEARINGS 7:16 P.M.
1. 7:00 P.M. (7:16 P.M.): Sign Variance: Leaps and Bounds (Birch Run Station)
a. Manager McGuire stated the applicant had requested this item be removed
from the Agenda until such time as other issues have been. resolved.
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b. Councilmember Allenspach moved to table until Aaril 11. 1994.
Seconded by Councilmember Koppen Ayes - all..
2. 7:15 P.M. (7:17 P.M.): Conditional Use Permit: Van Dyke Street (Temporary Household
Waste Collection Site
a. Mayor Bastian convened the meeting for a public hearing regarding the
conditions under which Ramsey County will operate their Temporary
Household Waste Collection Site on Van Dyke Street.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Jack Frost presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Joe Wozniak and Norm Schiferl, representing Ramsey County
t` f. Mayor Bastian closed the public hearing.
g. Councilmember Koppen introduced the following Resolution and moved its
adoption:
93-04-35
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Ramsey County is requesting a change in a conditional use
permit to operate a temporary household hazardous waste collection site.
WHEREAS, this permit applies to the site that is southeast of the Ramsey
County Nursing Home. The legal description is:
Subject to avenues and easements and except the West 620 feet of
the North 438 feet, the West 810 feet of the North one-half of
the SW 1/4 of Section 14, Township 29, Range 22.
WHEREAS, the history of this conditional use permit is as follows:
1. On December 31, 1993, the previous conditional use permit
expired.
2. On March 21, 1994, the Planning Commission recommended that the
City Council approve this permit.
3. On March 28, 1994, the City Council held a public hearing. The
City staff published a notice in the paper and sent notices to
the surrounding property owners. The Council gave everyone at
the hearing a chance to speak and present written statements.
The Council also considered reports and recommendations from the
City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve a new
conditional use permit for the above-described facility, because:
4 3-28-94
1. The use would be located, designed, maintained, constructed and
operated to be in conformity with the City's Comprehensive Plan
and Code of Ordinances.
2. The use would not change the existing or planned character of
the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials,
equipment or methods of operation that would be dangerous,
hazardous, detrimental, disturbing or cause a nuisance to any
person or property, because of excessive noise, glare, smoke,
dust, odor, fumes, water or air pollution, drainage, water run-
off, vibration, general unsightliness, electrical interference
or other nuisances.
5. The use would generate only minimal vehicular traffic on local
streets and would not create traffic congestion or unsafe access
on existing or proposed streets.
6. The use would be served by adequate public facilities and
services, including streets, police and fire protection,
drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public
facilities or services.
8. The use would maximize the preservation of and incorporate the
site's natural and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan, dated February 9,
1994. The City Council may approve major changes after they hold
a public hearing. The Director of Community Development may
approve minor changes.
2. The hours of public operation shall be no more than from 11 a.m.
to 6 p.m. on Thursdays and Fridays and 10 a.m. to 5 p.m. on
Saturdays.
3. This collection site shall only be open for up to eight weekends
in the spring/summer and up to eight weekends in the
summer/fall.
4. There shall be an emergency response coordinator on the site
during all operating hours.
_ 5. The operator shall remove the canopy on each Saturday night
after a weekend operation.
6. The County shall mark the traffic lanes to the site from the
intersection of Van Dyke Street and Ripley Avenue.
7. Trained household hazardous waste technicians may combine
gasoline and other flammable liquids into a 55-gallon closed-
head drum. The operator shall surround the drum with a material
- that will absorb any spills. The operator shall place the drum
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on heavy plastic sheeting. The plastic shall cover the absorbent
material so that the plastic will act as a basin to contain any
spills. The operator shall surround the plastic with orange
traffic cones. The operator shall keep the drum at least twenty
feet from any source of ignition, and ground the drum. Household
hazardous waste containers from the public shall not be opened
on the site, except to allow the operator to inspect the
contents inside. The site operator shall place household
hazardous waste containers in leak-proof plastic tubs. The
operator shall remove the containers from the tubs and pack the
containers in drums or plastic bins. The operator shall place
the drums or bins into a truck for transport. The Minnesota
Department of Transportation must approve the truck to haul
hazardous waste. The operator shall remove the materials
collected from the site at the end of each day.
8. The operator or County shall notify the fire department and the
emergency preparedness director when the site will be in
operation.
9. The City Council shall not review this permit unless there is a
problem.
10. This permit shall end on December 31, 1998. The City Council may
change this condition if the County requests an extension before
December 31, 1998.
11. People may pick up useable latex paint for reuse, and other
waste materials approved by the Director of Community
Development.
Seconded by Councilmember Rossbach Ayes - all
h. Councilmember Koppen moved to aaarove the temoorarv sign with the
following conditions:
1. The signs shall only be up on the days that the collection
facility is open. However, the informational sign may be up
during the week the site is open.
2. The signs shall not be within the sight triangle that is
described in Section 29-136 of the City Code.
3. The signs shall be far enough from driveways so the signs will
not obstruct drivers' visibility.
4. The signs shall be at least six feet from the edge of the street
or at least two feet to a sidewalk. This requirement shall not
apply to the signs on Van Dyke Street.
5. The signs shall not exceed eight square feet.
6. The County shall place the signs as shown on the February 9,
1994, specifications for HHW facility Signs, including the site
plan. The City Council may approve major changes in this plan.
The Director of Community Development may approve minor changes.
Seconded by Councilmember Rossbach Ayes - all
6 3-28-94
3. 7:30 P.M. (7:31 P.M.): Edgerton Elementary School:
a. Mayor Bastian convened the meeting for a public hearing regarding
expansion and improvement of Edgerton Elementary School.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Frost presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
John Thein, Assistant Superintendent, Roseville School District .
Tom Fabick, RSP Architect
Louie and Helen Cardinal, 1970 Edgerton,
presented a letter from residents at 1982 Edgerton
opposing the proposed project.
f. Mayor Bastian closed the public hearing.
Conditional Use Permit
g. Councilmember Rossbach introduced the following Resolution and moved its
adoation:
94-03-36
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Independent School District No. 623 applied for a conditional
use permit to expand a school and for the curbing of blacktop with a
nonconforming setback.
WHEREAS, this permit applies to 1929 Edgerton Street. The legal
description is:
SUBJ TO STS & EX S 292.96 FT & EX N 155.04 FT OF S 448 FT OF
E 468.6 FT & EX N 352.96 FT OF W 108 FT & EX N 160 FT OF E
313 FT THE S 1/2 OF SE 1/4 OF NW 1/4 OF SECTION 17 TOWN 29
RANGE 22
AND
SUBJ TO AVE AND ST THE S 448 FT OF E 468 6/10 FT OF NO 1/4
OF SECTION 17 TOWN 29 RANGE 22
AND
SUBJ TO EDGERTON ST THE N 160 FT OF E 313 FT OF S 1/2 OF SE 1/4 OF NW
1/4 OF SECTION 17 TOWN 29 RANGE 22
WHEREAS, the history of this conditional use permit is as follows:
1. On March 7, 1994, the Planning Commission recommended that the
City Council approve this permit.
2. On March 28, 1994, the City Council held'a public hearing. The
City staff published a notice in the paper and sent notices to
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the surrounding property owners. The Council gave everyone at
the hearing a chance to speak and present written statements.
The Council also considered reports and recommendations of the
City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the
above-described conditional use permit, because:
I. The use would be located, designed, maintained, constructed and
operated to be in conformity with the City's Comprehensive Plan
and Code of Ordinances.
2. The use would not change the existing or planned character of
the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials,
equipment or methods of operation that would be dangerous,
hazardous, detrimental, disturbing or cause a nuisance to any
person or property, because of excessive noise, glare, smoke,
dust, odor, fumes, water or air pollution, drainage, water run-
off, vibration, general unsightliness, electrical interference
or other nuisances.
5. The use would generate only minimal vehicular traffic on local
streets and would not create traffic congestion or unsafe access
on existing or proposed streets.
6. The use would be served by adequate public facilities and
services, including streets, police and fire protection,
drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public
facilities or services.
8. The use would maximize the preservation of and incorporate the
site's natural and scenic features into the development design..
9. The use would cause minimal adverse environmental effects.
10. The structural alteration of the blacktop by adding curbing
would not significantly affect the development of this parcel as
zoned.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the
City. The Director of Community Development may approve minor
changes.
2. The proposed construction must be substantially started within
one year after of Council approval or the permit shall end. The
Council may extend this deadline for one year.
3. The City Council shall review this permit in one year.
4. The School District shall designate on their plan an area for
potential future parking facilities. The City may require
additional parking if needed.
8 3-28-94
Seconded by Councilmember Koppen Ayes - all
Setback Variance
h. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
94-03-37
SETBACK VARIANCE RESOLUTION
WHEREAS, Independent School District Na. 623 applied for a variance from
the zoning ordinance.
WHEREAS, this variance applies to 1929 Edgerton Street. The legal
description is:
SUBJ TO STS & EX S 292.96 FT & EX N 155.04 FT OF S 448 FT OF
E 468.6 FT & EX N 352.96 FT OF W 108 FT & EX N 160 FT OF E
313 FT THE S 1/2 OF SE 1/4 OF NW 1/4 OF SECTION 17 TOWN 29
RANGE 22
AND
SUBJ TO AVE AND ST THE S 448 FT OF E 468 6/10 FT OF NO 1/4
OF SECTION 17 TOWN 29 RANGE 22
AND
SUBJ TO EDGERTON ST THE N 160 FT OF E 313 FT OF S i/2 AF SE
1/4 OF NW 1/4 OF SECTION 17 TOWN 29 RANGE 22
WHEREAS, Section 36-28(c)(6)(b) of the Maplewood Code of Ordinances
requires the proposed gymnasium addition to have a 70-foot setback from the
west lot line.
WHEREAS, the applicant is proposing a 33.5-foot setback.
WHEREAS, this requires a variance of 36.5 feet.
WHEREAS, the history of this variance is as follows:
1. On March 7, 1994, the Planning Commission recommended that the City
Council approve this variance.
2. On March 28,.1994, the City Council held a public hearing. The City
staff published a notice in the Maplewood Review and sent notices to
the surrounding property owners. 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. The addition would eliminate an existing parking tot west of the
school that is a source of outside activity and commotion.
2. Strict enforcement of the Code would cause undue hardship. The
gymnasium addition has no other functionally feasible location
that would be close to other associated building functions.
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3. To keep the variance in the spirit and intent of the ordinance,
- screening shall be required west of the southerly parking lot
that is six feet tall and 80% opaque (code requirement). The
screening is to run from the boulevard to the north edge of the
east property line of 535 Roselawn Avenue, subject to staff
approval.
Seconded by Councilmember Koppen Ayes - all
In-Ground Sprinkler Variance
i. Councilmember Rossbach introduced the following Resolution and moved its
_ adoption:
94 - 03 - 38
SPRINKLER VARIANCE RESOLUTION
WHEREAS, Independent School District No. 623 applied for a variance from
the zoning ordinance.
WHEREAS, this variance applies to 1929 Edgerton Street. The legal
description is:
SUBJ TO STS & EX S 292.96 FT & EX N 155.04 FT OF S 448 FT OF
E 468.6 FT & EX N 352.96 FT OF W 108 FT & EX N 160 FT OF E
313 FT THE S 1/2 OF SE 1/4 OF NW 1/4 OF SECTION 17 TOWN 29
RANGE 22
AND
SUBJ TO AVE AND ST THE S 448 FT OF E 468 6/10 FT OF NO 1/4
OF SECTION 17 TOWN 29 RANGE 22
AND
SUBJ TO EDGERTON ST THE N 160 FT OF E 313 FT OF S 1/2 OF SE
1/4 OF NW 1/4 OF SECTION 17 TOWN 29 RANGE 22
WHEREAS, Section 36-28(c)(9) of the Maplewood Code of Ordinances
requires the installation of an in-ground lawn irrigation. system.
WHEREAS, the School District is not proposing to install such a system.
WHEREAS, this requires a variance.
WHEREAS, the history of this variance is as follows:
1. On March 7, 1994, the Planning Commission recommended that the City
Council approve this variance.
2. On March 28, 1994, the City Council held a public hearing. The City
staff published a notice in the Maplewood Review and sent notices to
the surrounding property owners. 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.
10 3-28-94
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the abave-
described variance with the exception of the screening on the west side of
the south parking lot along the property line of 535 Roselawn Avenue. The
City bases the variance on the following findings:
1. The spirit and intent of the ordinance would be met since-the school
district has a maintenance staff to water the lawns when needed.
2. The school property is well maintained..
Seconded by Councilmember Koppen Ayes - all
Building Plans
j. Councilmember Rossbach moved to approve the building plans with the
following conditions.
1. Repeat this review in two years if the City has not issued
a building permit for this project.
2. Submit the following for staff approval before the City issues
a building permit:
` a) A revised site plan providing a 15-foot parking lot setback.
from the Edgerton Street right-of-way line. (code
requirement)
b) A plan showing the location and design of the trash dumpster
enclosure. The enclosures must match the color of the
building and have a gate that is 100% opaque. (code
requirement)
c) A revised landscape plan showing;
i) Screening west of the southerly parking lot
that is six-feet-tall and 80% opaque. (code
requirement)
2) All proposed deciduous trees to be at least 2-
1/2 inches in caliper, balled and burlapped.
(code requirement)
3) Sod on all disturbed areas.
4) Evergreen trees instead of red maples along
Edgerton Street.
3. Complete the following before occupying the building:
a) Restore and sod damaged boulevards.
b) Install reflectorized stop signs at all exits and a
handicap-parking sign for each handicap-parking space.
c) Screen all new roof-mounted equipment visible from
streets or adjacent property. (code requirement)
d) Construct a trash dumpster enclosure as City Code
requires. The enclosures must match the color of the
building.
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4. If any required work is not done, the City may allow temporary
occupancy if:
a) The City determines that the work is not essential to the public health,
safety or welfare.
b) The City receives a cash escrow or an irrevocable letter of credit for
the required work. The amount shall be 150% of the cost of the
unfinished work.
c) The City receives an agreement that will allow the City to complete any
unfinished work.
5. 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
I. UNFINISHED BUSINESS
i. Building Relocation Ordinance (ist Reading) (8:16 P.M.)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of t,~e
report.
c. Councilmember Carlson moved 1st reading of an Ordinance regarding the
relocation of houses.
Seconded by Mayor Bastian Ayes - all
2. Mosquito Control - Adult Spraying (8:30 P.M.)
a. Manager McGuire presented the staff report.'
b. Councilmember Carlson moved to continue into 1994 the 1993 policy
arohibiting__adult spraying (the cold fogging) and send letters to the
Metroaolitan Mosquito Control District and the Legislators.
Seconded by Mayor Bastian Ayes - all
3. Investigation of Methadone Clinic Complaints (8:41 P.M.)
- a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report.
c. Mayor Bastian moved to accept the report and send Attorney Bruce Beck a
coav of the report.
Seconded by Councilmember Rossbach Ayes - all
12 3-28-94
4. Erosion Control Ordinance (2nd Reading) (8:44 P.M.)
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Carlson moved second reading of the followin4 -0rdinance
and moved its adoption:
ORDINANCE N0. 722
AN ORDINANCE REQUIRING EROSION AND SEDIMENT CONTROL
FOR LAND DISTURBANCE ACTIVITY WITHIN THE CITY OF MAPLEWOOD, MINNESOTA.
The City Council of the City of Maplewood, Minnesota ordains:
Section 1.0 Purpose. The purpose of this ordinance is to control or
_ eliminate soil erosion and sedimentation within the City of Maplewood. It
establishes standards and specifications for conservation practices and
planning activities which minimize soil erosion and sedimentation.
Section 2.0 Scope. Except as exempted by Section 3.6, any person,
firm, sole proprietorship, partnership, corporation, state agency, or
political subdivision thereof proposing land disturbance activity within the
City of Maplewood shall apply to the city for the approval of the erosion
and sediment control plan. No land shall be disturbed until the plan is
approved by the city and conforms to the standards set forth herein.
Section 3.0. For the purposes of this ordinance, the following terms,
phrases, words, and their derivatives shall have the meaning stated below.
When not inconsistent with the context, words used in the present tense
include the future tense, words in the plural number include the singular
number, and words in the singular number include the plural number. The
word "shall" is always mandatory and not merely directive.
3.1. District. District means the Ramsey Soil and Water
Conservation District organized and operating. under Minnesota Statutes,
Chapter 40.
3.2 Erosion and Sediment Practice Specifications or Practice.
Erosion and sediment practice specifications or practice means the
management procedures, techniques, and methods to control soil erosion
and sedimentation as officially adopted by the district.
3.3 Developer. Developer means a person, firm, corporation, sole
proprietorship, partnership, state agency, or political subdivision
thereof engaged in a land disturbance activity.
3.4 Erosion. Erosion means any process that wears away the surface
of the land by the action of water, wind, ice, or gravity. Erosion can
be accelerated by the activities of man and nature.
3.5 Erosion and Sediment Control Plana Erosion and sediment
` control plan means a document containing the requirements of Section 4.0
that when implemented will decrease soil erosion on a parcel of land and
off-site sediment damages.
3'.6 Land Disturbance Activity.' land disturbance activity means land
change that may result in soil erosion from water or wind and the
movement of sediments into or upon waters or lands of Ramsey County,
including clearing, grading, excavating, transporting and filling of
land. Land disturbance activity does not mean:
13 3-28-94
a. Minor land disturbance activities such as home gardens and
individual's home landscaping, repairs, and maintenance work.
b. Construction, installation, and maintenance of electric,
telephone, and cable television utility lines or individual service
connection to these utilities, except where a minimum of 10,000-
square feet of land disturbance can be anticipated.
c. Tilling, planting, or harvesting of agricultural,
horticultural, or silvicultural crops.
d. Installation of fence, sign, telephone, and electric poles
and other kinds of posts or poles.
e. Emergency work to protect life, limb, or property and
emergency repairs, except if the land disturbing activity would have
required an approved erosion and sediment control plan except for
the emergency, then the land area disturbed shall be shaped and
stabilized in accordance with the requirement of the local plan-
approving authority or the district when applicable.
3.7. Ramsey County Erosion and Sediment Control Handbook or
Handbook. Ramsey County Erosion and Sediment Control Handbook or
"handbook" means a handbook which contains the erosion and sediment
- control practice specifications and planning procedures to control soil
erosion and sedimentation in effect on January 1, 1994. The Ramsey
County Erosion and Sediment Control Handbook shall be adopted by the
Ramsey Soil and Water Conservation District.
3.8. Sediment. Sediment means solid mineral or organic material,
that in suspension, is being transported, or has been moved from its
original site, by air, water, gravity, or ice, and has been deposited at
another location.
3.9. Sedimentation. Sedimentation means the process or action of
depositing sediment that is determined to-have been caused by erosion.
` Section 4.0. Erosion and Sediment Control Plan. Every applicant for a
building permit, subdivision approval, or a permit to allow land disturbing
activities must submit an erosion and sediment control plan to the city
engineer. No building permit, subdivision approval, or permit to allow land
disturbing activities shall be issued until approval of the erosion and
sediment control plan.
4.1. The erosion and sediment control clan shall address the
following criteria:
a. Stabilize all exposed soils and soil stockpiles.
b. Establish permanent vegetation.
c. Prevention of sediment damage to adjacent properties and
other designated areas.
d. Schedule erosion and sediment control practices.
e. Use temporary sedimentation basins.
f. Engineer the construction of steep slopes.
g. Control the storm water leaving a site.
h. Stabilize all waterways and outlets.
i. Protect storm sewers from the entrance of sediment.
j. When working in or crossing water bodies take precautions to
contain sediment.
k. Restabilize utility construction areas as soon as possible.
1. Protect paved roads from sediment and mud brought in from
access routes.
14 3-28-94
m. Dispose of temporary erosion and sediment control measures.
n. Maintain all temporary and permanent erosion and sediment
- control practices.
4.2. Plan. The erosion and sediment control plan shall include:
a. Project description: the nature and purpose of the land
disturbing activity and the amount of grading involved.
b. Phasing of construction: the nature and purpose of the land
disturbing activity and the amount of grading, utilities,
and building construction.
c. Existing site conditions: existing topography, vegetation,
and drainage.
d. Adjacent areas neighboring streams, lakes, residential
areas, roads, etc., which might be affected by the land
disturbing activity.
e. Soils: soil names mapping units, erodibility.
f. Critical erosion areas: areas on the site that have
potential fvr serious erosion problems.
g. Erosion and sediment control measures: methods to be used
to control erosion and sedimentation on the site, both
during and after the construction process.
h. Permanent stabilization: how the site will be stabilized
after construction is completed, including .specifications.
i. Storm water management: how storm runoff will be managed,
including methods to be used if the development will result
in increased peak rates of runoff.
j. Maintenance: schedule of regular inspections and repair of
erosion and sediment control structures.
k. Calculations: any that were made for the design of such
items as sediment basins, diversions, waterways, and other
applicable practices.
4.3. Variance. Where in the judgment of a registered professional
engineer experienced in the field of erosion and sediment control, site
conditions warrant or where the practices or practice standards, as
conditioned in the handbook, will be insufficient to control erosion and
sedimentation for a land disturbance activity, the city engineer may
grant a variance from the use of the handbook on a case-by-case basis.
The content of a variance shall be specific and shall not affect other
approved provisions of a plan.
Section 5.0. Review. The city appoints the city engineer to review the
erosion and sediment control plan. The Ramsey County Erosion and Sediment
Control Handbook is the reference for erosion and sediment control practice
specifications in the City of Maplewood. The city engineer shall review the
erosion and sediment control plan within seven days of receiving the plan
from the developer.
5.1. Permit Reouired. If the city determines that the erosion and
sediment control plan meets the requirements of this ordinance, the city
shall issue a permit valid for a specified period of time, that
authorizes the land disturbance activity contingent on the
implementation and completion of the erosion and sediment control plan.
5.2 Denial. If the city determines that the erosion and sediment
control plan does not meet the requirements of this ordinance, the city
shall not issue a permit for the land disturbance activity. The erosion
and sediment control plan must be resubmitted for approval before. the
land disturbance activity begins. All land use and building permits
must be suspended until the developer has an approved erosion and
sediment control plan.
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Section 6.0. Modification of Plan. An approved erosion and sediment
control plan may be modified on submission of an application for
modification to the City and subsequent approval by the City Engineer. In
reviewing such application, the City Engineer may require additional reports
and data.
Section 7.0. Escrow Requirement. After approval of an erosion and
sediment control plan, the City shall require the payer to escrow a sum of
money sufficient to insure the installation, completion, and maintenance of
the erosion and sediment control plan and practices. The escrow may be
reduced, upon request, after phases of the project are complete, however,
the escrow shall not be less than $1,000. Upon project completion, the
escrow shall be returned to the payer.
Section 8.0. Enforcement. The City shalt be responsible for the
enforcement of this ordinance.
8.1. Penalty. Any person, firm, or corporation who fails to comply
with or violates any of these regulations, shall be deemed guilty of a
misdemeanor and be subject to a fine or imprisonment or both. All land
use and building permits shall be suspended until the developer has
corrected the violation and amended the erasion and sediment control
plan for the land disturbance activity. Each day that a separate
violation exists shall constitute a separate offense.
Section 9.0. Effective Date. This ordinance will take effect and be in
force after its passage and official publication.
Seconded by Councilmember Allenspach Ayes - all
J. NEW BUSINESS
1. Spring Clean-Up bay (9:07 P.M.)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
report.
c. NO ACTION WAS TAKEN ON THIS ITEM
2, Ramsey County Agreement - Connection to DNR Trait (g:23 P.M.)
a. Manager McGuire presented the staff report.
b. Councilmember Carlson moved to aoarove the access agreement between the
City and Ramsey County for the completion of the Intermodel Surface
Transportation Efficiency Act (ISTEA) trail aro.iect and authorize the
Mayor and Citv Manager to execute the documents.
Seconded by Councilmember Koppen Ayes - all
3. Donation to Open Space Program (9:25 P.M.)
a. Manager McGuire presented the staff report.
b. Mary Sinkus, representing Birch Run Station, explained the agreement.
16 3-28-94
c. Councilmember Carlson moved to accept the donation and authorize the
Mavor and Citv Manager to execute the document on behalf of the Citv.
Seconded by Councilmember Koppen Ayes - all
4. Community Center Fee Policy (9:27 P.M.)
a. Manager McGuire presented the staff report.
b. Assistant City Manger Maglich presented the specifics of the report.
c. Councilmember Rossbach moved to aaarove the fee schedule for the
Community Center as presented.
Seconded by Councilmember Carlson Ayes -all
5. Demolition: 2669 East Seventh Street (9:30 P.M.)
a. Manager McGuire presented the staff report.
b. Acting Director of Parks & Recreation Staples presented the specifics of
the report.
c. Councilmember Carlson moved to authorize the demolition of the house at
2669 East Seventh Street and that the costs be charged to the Commercial
PAC Fund.
Seconded by Councilmember Koppen Ayes - all
6. City Center Drive (9:33 P.M.)
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Carlson introduced the following Resolution and moved its
adootion•
94-03-39
RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS,
WHEREAS, it appears to the City Council of the City of Maplewood that
the street hereinafter described should be designated municipal state aid
street under the provisions of Minnesota law.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Maplewood that the road described as follows, to-wit:
City Center Drive
be, and hereby is established, located, and designated a municipal state aid
street of said City, subject to the approval of the Commissioner of
Transportation of the State of Minnesota.
17 3-28-94
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and
directed to forward two certified copies of this resolution to the
Commissioner of Transportation for his consideration, and that upon his
approval of the designation of said road or portion thereof, the same be
constructed, improved, and maintained as a municipal state aid street of the
City of Maplewood to be numbered and known as Municipal State Aid Street
138-124-010.
Seconded by Councilmember Koppen Ayes - Councilmembers Allenspach,
Carlson, Koppen, Rossbach
Nays - Mayor Bastian
7. Legal Settlements: Attorney-Client (Closed Meeting)
a. Councilmember Rossbach moved to table this item until after M-1.
Administrative Presentations.
Seconded by Mayor Bastian Ayes - all
K. VISITOR PRESENTATIONS (9:35 P.M.)
1. Ken Healey, 2466 E. Larpenteur Ave.
a. Mr. Healey questioned whether the Council supported the location of the
new high school.
2. Audrey Duellman, 1844 Desoto St.
a. Ms. Duellman stated that when Maplewood has sign-up for use of the
pools, the Maplewood residents in the Roseville School District are the
last to be able to sign up.
b. Ms. Duellman commented on remarks about the Parkside Fire Department.
L. COUNCIL PRESENTATIONS (9:50 P.M.)
1. Open House
a. Councilmember Rossbach announced that there will be an Open House for
the Heritage Theater at City Hall on April 9, 1994 from 10:00 A.M. to
2:00 P.M.
2. Temporary Signs
a. Councilmember Allenspach asked about the temporary signs on City
property for College Pro Painters.
b. Staff will investigate.
3. Fire Contracts
a. Mayor Bastian discussed an article or letter written regarding fire
contracts.
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4. Mayor's Update
a. Mayor Bastian commented on the following matters:
1) Mayor's Forum, Saturday, April 2, at Parkside Fire Department
2) City Open House, Thursday, May 19, 1994
3) Earth Day
4) Mayor's Conference
M. ADMINISTRATIVE PRESENTATIONS
1. Open Space Progress
a. Assistant City Manager Maglich presented the staff report.
MAYOR BAST IAN ADJOURNED THE MEETING AT 10:15 p.m. TO RECONVENE IN CLOSED SESSION FOR
ATTORNEY-CLIENT LITIGATION DISCUSSION.
J. NEW BUSINESS (Continued)
7. Legal Settlements: Attorney-Client (Closed Meeting)
MAYOR BASTIAN RECONVENED THE COUNCIL MEETING AT 10:33 P.M.
N. ADJOURNMENT OF MEETING
10:34 P.M, fo/
Lucille E. Aurelius
City Clerk
19 3-28-94