Loading...
HomeMy WebLinkAbout05-13-1996 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 13, 1996 Council Chambers, Municipal Building Meeting No. 96-09 A. CALL TO ORDER: A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Gary W. Bastian, Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present Marvin C. Koppen, Councilmember Present George F. Rossbach, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Council/Staff Retreat, April 18-19, 1996 Councilmember Carlson moved to approve the minutes of Council/Staff Retreat (April 18-19. 1996) as presented. Seconded by Councilmember Allenspach Ayes - all 2. Minutes of Meeting 96-08, (April 22. 1996) Councilmember Allenspach moved to approve the minutes of Meeting No. 96-08 April 22, 1996) as presented. Mayor Bastian moved to add a notation to the minutes indicating that his absence from the Mav 13 meeting was due to his participation in the selection~rocess for a School District-623 Superintendent. Seconded by Councilmember Carlson Ayes - all E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended: L1 Aldrich Arena L2 Mayor's Update Seconded by Councilmember Carlson Ayes - all 5-13-96 1 EA. APPOINTMENTS/PRESENTATIONS NONE F. CONSENT AGENDA: Council member Koppen moved. seconded by Councilmmeber Carlson: ayes - all. to approve the Consent Agenda. Items F1 - F13. as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 352,782.53 Checks #6285 - #6302 Dated 4-11-96 thru 4-17-96 $ 77,354.62 Checks #25180 #25276 Dated 4-23-96 $ 160,674.84 Checks #6306 - #6321 Dated 4-18-96 thru 4-24-96 $ 105,098.76 Checks #25283 - #25429 Dated 4-30-96 $ 136,741.51 Checks #fi322 - #6345 Dated 4-25-96 thru 5- 1.96 $ 431.974.96 Checks #25433 - #25540 Dated 5- 7-96 $1,264,627.22 Total Accounts"Payable PAYROLL: $ 263,543.89 Payroll Checks Dated 4-19-96 $ 48,271.90 Payroll Deduction Checks #51790 - #51802 Dated 4-19-96 $ 271,692.37 Payroll Checks Dated 5- 3-96 $ 48,808.51 Payroll Deduction Checks #52021 - #52034 Dated 5-3-96 $ 5.490.81 Payroll Checks Dated 5-4-96 $ 637,807.48 Total Payroll $1,902,434.70 GRAND TOTAL 2. HRA Appointments Reappointed Lorraine Fischer and Tom Connelly to five-year terms on the HRA. Ms. Fischer's term will end in March 2000 and Mr. Connelly's term will end in March 2001. 3. Wetland Protection Ordinance (Second Reading) Adopted the following Ordinance: ORDINANCE N0. 753 AN ORDINANCE ABOUT WETLAND AND STREAM PROTECTION THE MAPLEWOOD CITY COUNCIL APPROVES THE FOLLOWING CHANGES TO THE MAPLEWOOD CODE OF ORDINANCES: SECTION 1. This section changes the organization of Section 9-193 by renumbering ana` relettering as follows: 5-13-96 2 1. Delete the first sentence and subheading as follows: 2. Reletter and renumber Subsections a.-e. according to the system used in the Code. 3. Change Subsection "(2) Slopes" as follows and reletter and renumber Subsections a.-f. according to the system used in the Code: Sec. 9-194. Slopes. !9_` r--- 4. Change Subsection "(3) Erosion control and soils" as follows and reletter and renumber Subsections a.-e. according to the system used in the Code: Sec. 9-195. Erosion control and soils. 5. Change Subsection "(5) Trees" as follows and reletter and renumber Subsections a.-f. according to the system used in the Code: Sec. 9-197. Trees. '~`-r.>,~,=eeT SECTION 2. This section replaces Subsection 9-193(4) with the following: Sec. 9-196. Wetlands and streams. (a) Findings and purposes. (ll Wetlands serve a variety of beneficial functions. Wetlands maintain water quality, reduce flooding and erosion, provide food and habitat for wildlife, provide open space and are an integral part of the City's environment. Wetlands are an important physical, educational, ecological, aesthetic, recreational and economic asset to the City. They are critical to the City's health, safety, and general welfare. Surrounding development may degrade, pollute, accelerate the aging of or eliminate wetlands. Regulating land use around wetlands is therefore in the public interest. (2) Streams are also significant elements of the City's hydrologic system. Streams flow into wetlands and lakes, provide food and habitat for wildlife, provide open space, and are an integral part of the City's environment. Like wetlands, streams are an important physical, educational, ecological, aesthetic, recreational and economic asset. Surrounding development may degrade, pollute or damage streams, and in turn, degrade other surface waters downstream. Requiring buffers recognizes that the surrounding uplands relate to the woodland and stream quality and function and, therefore, are in the public interest. (3) Buffers are the lands that surround wetlands and streams. They are integral to maintaining the valuable functions many wetlands perform. Buffers reduce the impacts of surrounding land use on wetlands and streams by stabilizing soil to prevent erosion by stormwater; filtering suspended solids, nutrients and harmful substances; and moderating water level fluctuations during storms. Buffers also provide essential wildlife habitat. Finally, buffers reduce the adverse impacts of human activities on wetlands and streams. Requiring wetland buffers recognizes that the surrounding uplands relate to the wetland and stream's quality and function and, therefore, are in the public interest. 5-13-96 3 (4) The purposes of this ordinance are as follows: a. To preserve the beneficial functions of wetlands and streams by regulating the surrounding land use. b. To stabilize the soil around wetlands to prevent storm water erosion. c. To filter suspended solids, nutrients and harmful substances from reaching wetlands, streams and public waters. d. To reduce human disturbances of wetlands and streams by visually separating wetlands from yards. e. To prevent flooding and the costs of reclaiming water quality. f. To protect beneficial plant and wildlife habitat. g. To educate the public, including appraisers, owners, potential buyers or developers, to the development limitations of wetlands, streams and associated buffers. (b) Definitions. The following words shall have the following meanings: Alteration: Any human action that adversely affects a buffer. Alterations include, but are not limited to the following: grading, filling, dumping, dredging, draining, cutting, pruning, topping, clearing, relocating or _ removing vegetation, applying herbicides or pesticides or any hazardous or toxic substance, discharging pollutants except stormwater, paving, construction, application of gravel or any other human activity that adversely effects the vegetation, hydrology, wildlife or wildlife habitat. Alteration does not include the following: 1. Walking, passive recreation, fishing or other similar activities 2 Planting that enhances native vegetation 3. The selective clearing or pruning of trees or vegetation that are dead, diseased, noxious weeds or hazards Average buffer width: The average width of a buffer within a single development, lot or phase. Buffer: A stream or wetland buffer or protective zone. Clearing: The cutting or removal of vegetation. Enhancement: An action that increases the functions and values of a wetland, stream or wetland buffer. Mitigation: An action that reduces, rectifies, eliminates or compensates for the alteration of a buffer, wetland or stream. Native vegetation: Tree, shrub, grass or other plant species that are indigenous to the Twin Cities metropolitan area that could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds. Ordinary high water mark (OHWM): A mark delineating the highest water level maintained for enough time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. 5-13-96 4 Restoration: Returning a wetland, stream or buffer to a condition that is similar to that before development of the surrounding area. Stream: Those areas where surface waters produce a defined channel or bed. A defined channel or bed is land that clearly contains the constant passage of water under normal summer conditions. This definition shall not include drainage swales or ditches that channel intermittent stormwater runoff. Stream buffer: Land that is in direct drainage to a stream and within the boundary described by this ordinance. A person shall measure all buffers from the ordinary high water mark (OHWM) as identified in the field. If a person cannot determine the OHWM, the stream buffer shall be from the top of the stream bank. Variance: A deviation from the standards of this chapter that are not specifically allowed. Vegetation: Any organi c plant 1 i fe growing at, below or above the soi 1 surface. Wetland buffer: Land that is in direct drainage to a wetland within the boundary described by this ordinance. All buffers shall be measured outward from the wetland edge. Wetland classes: The City defines the wetland classes used in this section as follows: (1) Class 1 wetlands: Wetlands assigned the Unique/Outstanding rating in the Ramsey-Washington Metro Watershed District Wetlands Inventory, 1995. Class 1 wetlands are those with conditions and functions most susceptible to human impacts, are most unique, have the highest community resource significance and similar characteristics.. (2) Class 2 wetlands: high value (definition based on Watershed wetlands inventory results) (3) Class 3 wetlands: wildlife habitat value (4) Class 4 wetlands: moderate value impacts (5) Class 5 wetlands: wetlands assigned the highly impacted rating in the Ramsey-Washington Metro Watershed District Wetlands Inventory, 1995. Class 5 wetlands are those with conditions and functions most affected by human activities, with the least diverse vegetation communities, least community resource significance and similar characteristics. for the purposes of this section, the U.S. Fish and Wildlife Service's Classification of Wetlands and Deepwater Habitats of the United States. FWS/OBS-79/31 (Cowardin et al, 1979) contains the descriptions and photographs of wetland classes and subclasses. Wetland easement: A designated area that includes the wetland or buffer where disturbance from mowing, cutting or similar activities is excluded. Wetland edger The line delineating the outer edge of a wetland. One shall establish this line by using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January 10, 1989, and jointly published by the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, .the U.S. Army Corps of Engineers and the U.S. Soil Conservation Service. The applicable watershed board must verify this line. 5-13-96 5 Wetland functions: The natural processes performed by wetlands, such as helping food chain production, providing wildlife habitat, maintaining the availability and quality of water such as purifying water, acting as a recharge and discharge areas for groundwater aquifers and moderating surface water and storm water flows and performing other functions including, but , not limited to those set out in U.S. Army Corps of Engineers regulations at 33 C.F.R. Section 320.4(b)(2)(1988). Wetlands: Those areas of the City inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, .marshes, bogs and similar areas. (Army Corps of Engineers Regulation 33 CFR 328.3) (1988). Where a person has removed or mostly changed the vegetation, one shall determine a wetland by the presence or evidence of hydric or organic soil, and other documentation of the previous existence of wetland vegetation such as aerial photographs. (c) Applicability. (1) This section shall apply to any person or use that would alter a wetland, stream or wetland buffer after April 24. 1995 (date of ordinance). (2) When any provision of any ordinance conflicts with this section, the provision that provides more protection for buffers, wetlands or streams shall apply unless specifically provided - otherwise in this section. (3) Public and semipublic streets, utilities or trails, whether built by a public agency or private developer, shall be subject to this section. (d) General exemptions. (1) This section shall not apply to the following: a. Structures, vegetation and maintenance activities and practices in existence on the date this ordinance becomes effective. A contractor or owner may remodel, reconstruct or replace affected structures if the new construction does not take up more buffer land than the structure used before the remodeling, reconstruction or replacement. b. The construction or maintenance of public drainage facilities, sedimentation ponds or erosion control facilities. c. The maintenance of public or semipublic facilities including streets, utilities and trails. d. Where the City Council waives these requirements for the construction of public and semipublic utilities or trails whether built by a ublic agency or private p developer. The City Council may waive the requirements where there would be a greater public need for the project than to meet the requirement of this section. In waiving these requirements, the City Council shall follow the standards in Section 9-196(e). The City Council shall hold a public hearing before declaring 5-13-96 6 such a waiver. The City shall notify the property owners within 350 feet of the buffer at least ten days before the hearing. e. Where this ordinance would deny all reasonable use of a lot of record. In such case, the owner or contractor shall construct any building to maximize the setback from a buffer. Federal, State or Watershed District rules and regulations shall apply. Alterations to a buffer shall be the minimum necessary to allow for the reasonable use of the property. Where feasible, the City may require the mitigation of any alteration of a buffer. f. Where the watershed district has approved a wetland filling permit. The City shall require mitigation for any disturbed buffer land. (e) Standards for utility and trail exemptions. (1) The City may only allow the construction of utilities through buffers where there is no other practical alternative and the following requirements are met: a. Utility corridors shall not be allowed when a buffer is used by species listed as endangered or threatened by the federal or state government. b. Utility corridors, including any allowed maintenance roads, shall be as far from the wetland or stream as possible. c. Utility corridor construction and maintenance shall - protect the wetland, stream or buffer and avoid large trees as much as possible. The City shall not allow the use of pesticides, herbicides or other hazardous or toxic substances in buffers, streams or wetlands. d. The owner or contractor shall replant utility corridors with appropriate native vegetation, except trees, at preconstruction densities or greater after construction ends. - e. Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than by parallel roads. If parallel roads are necessary they shall be no greater than fifteen feet wide. (2) The City may allow public or private trails in buffers, subject to the following guidelines: a. The trail shall not. be of impervious materials. (An elevated boardwalk shall not be considered an impervious surface.) b. Buffers shall be expanded, where possible, equal to the width of the trail corridor. c. The owner or contractor shall replant all disturbed areas next to the trail after completing the trail. 5-13-96 ~ (f) Variances (i) The City Council may approve variances to the requirements in this section. Before the City Council acts on a variance, the Planning Commission shall make a recommendation to the City Council. The City Council shall hold a public hearing before approving a variance. The City staff shall notify the property owners within 350 feet of the buffer at least ten days before the hearing. The City may require the applicant to mitigate any buffer alteration. (2) To approve a variance, the Council must make the following findings: a. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. b. The variance would be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in granting a variance means the owner of the property in question cannot put it to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations .alone are not an undue hardship if reasonable use for the property exists under the terms of the ordinance. (g) Wetland or stream easement required. The property owner of any property affected by this ordinance shall record wetland or stream easements with Ramsey County. The easements shall cover any wetlands, streams or wetland buffers. These easements shall describe the boundaries of the buffer and prohibit any building, mowing, cutting, filling or dumping within the buffer, stream or wetland. The owner or developer shall record such easements with a final plat, with deeds from a lot division or before the City issues a building permit for an effected property. The applicant shall submit proof that the owner or developer has filed the notice. (h) Buffer standards. (1) An affected property owner shall maintain a buffer. Any planting in a buffer shall be from native vegetation. (2) The City prohibits the alteration of buffers. The City may waive this requirement where the watershed district has approved a permit for filling all or part of a wetland. 5-13-96 8 (3) The following are the minimum required buffer widths and building foundation setbacks: Wetland Classes Class 1 Class 2 Class 3 Class 4 Class 5 & Streams Average buffer width 100 ft. 100 ft. 50 ft. 25 ft. 0 ft. Minimum buffer width 100 ft. 50 ft. 25 ft. 20 ft. 0 ft. Building foundation 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.* setback from outer edge of buffer ee t e e im tions o uffer, wetland buffer and stream buffer. *Setback measured from a wetland or stream boundary. (4) The minimum buffer widths shall apply to all wetlands, including those created, restored, relocated, replaced or enhanced. (5) The City may require a variable buffer width to protect adjacent habitat that the City determines is valuable to the wetland. stream, wildlife or vegetation. (i) Fencing and signs. (1) Before grading or construction, the owner or contractor shall pplace snow fencing and erosion control fencing around the borders of buffers. Such fencing must remain in place until the owner and contractors have finished all development activities that may affect the buffer. (2) Before starting construction, the boundary between a buffer and adjacent land shall be identified using permanent signs. These signs shall mark the edge of the buffer and shall state there shall be no mowing, cutting, filling or dumping. beyond this point. (3) When platting or subdividing property, the plat or subdivision must show the wetland boundaries as approved by the Watershed District. (j) Mitigation and restoration of buffers. The City requires mitigation when a property owner or contractor has, or will alter a buffer. The property owner or contractor shall submit a mitigation plan to the City staff for their approval. In reviewing the plan, the City may require the following actions in descending order of preference: (1) Reducing or avoiding the impact by limiting the degree or. amount of the action, such as by using appropriate technology. (2) Rectifying the impact by repairing, rehabilitating or restoring the woodland buffer. 3 Reducin or eliminatin the im act over time by prevention and 9 9 P maintenance operations during the life of the actions. (4) Compensating for the impact by replacing, enhancing or providing substitute buffer land at up to a one to one ratio. 5-13-96 9 (5) Monitoring the impact and taking appropriate corrective measures. Where the City requires restoration or replacement, the owner or contractor shall replant the buffer with native vegetation at a similar density to the amount before alteration. Section 3. This ordinance shall take effect after the City Council approves it and the official newspaper publishes it. 4. R-1 Code Change - Prohibited Uses (Second Reading) Adopted the following Ordinance: ORDINANCE N0. 754 AN ORDINANCE AMENDING THE ZONING CODE ABOUT PROHIBITED USES IN SINGLE DWELLING (R-1) ZONING DISTRICT THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Sec. 36-66, Paragraph (C)(1) is amended as follows: (c) Prohibited uses. The following uses are prohibited: (1) The raising, keeping or handling of livestock or poultry. The raising, keeping or handling of other animals causing a nuisance except for licensed kennels. Section 2. This Ordinance shall take effect upon its passage and ' publication. 5. Arlington Hills Church Conditional Use Permit Review (759 County Road B) Reviewed and renewed for one year the Conditional Use Permit required for _ churches and for preschool or day care operations, allowing an expansion of the church by 8,000 square feet in two additions. 6. Oak Ridge Estates Preliminary Plat Time Extension Approved a one-year time-extension for Phases 2-4 of the Oak Ridge Estates preliminary plat. This time extension is subject to the February 8. 1993 conditions revised as follows (I have underlined the additions 'and crossed out the deletions): 1. -Have the City Engineer approve the final construction and engineering plans. These plans shall include the grading, utility, drainage. erosion control, tree and street plans. These plans shall meet the following conditions: (a) The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion and Sediment Control Plan. 5-13-96 10 (b) The developer shall only grade the land that the City Engineer determines is needed to construct streets, utilities. sedimentation basins, mitigation areas or rough grading of steep slopes. (c) The City Engineer must approve the final tree plan before anyone starts to grade the site. (d) Sedimentation basins shall provide 0.10 acre-feet of storage above normal elevation for each tributary acre, based on the ~lewood Comprehensive Storm Water Management Plan. If slopes are steeper than 10 horizontal to 1 vertical, the developer shall fence the sedimentation basin. The developer shall plant evergreen trees around the sedimentation basin. To provide room for storing sediment, the developer shall excavate the sedimentation basins to four feet below normal water elevation. Sedimentation basins shall - be a part of outlots dedicated to the City. 2. Sign an agreement with the City that guarantees that the developer or contractor will: (a) Complete all public improvements and meet City requirements. _ (b) Place temporary fencing and signs at the grading line shown on the grading plan. (c) Construct the following eight-foot-wide bituminous walkways at the same time as the developer builds the adjacent streets: 1) On Sheet One of the plat: between Lots 6 and 7, 19 and 20, and 13 and 14. 2) On Sheet Two of the plat: between Lots 75 and 76, 54 and 55, 67 and 68 and on the pipeline between Lots 54 and 68. The developer may build a wooden observation deck at the end of the - trail between Lots 19 and 20. (d) Have NSP install the street lights shown on the preliminary plat. (e) Before constructing utilities, televise and inspect the existing trunk sanitary sewer within the plat. The developer shall make any repairs that the City Engineer requires. The City shall pay the developer to inspect and repair this sewer. (f) Allow the City access to abandon the existing sanitary sewer manhole (#31) in the wetland in Outlot B. (g) Replace all fine alluvial soils (soils other than sand or gravel) with sand within the two feet under the bottom of the aggregate base of the street. (h) Install perforated drains in sand subcuts at each catch basin lead crossing. (i) Before the City approves a final plat, the City will decide whether to abandon and replace the 16-inch water main from Lot 84 to thee.. railroad. 5-13-96 11 (j) Construct a new stormwater outlet from the Outlot B pond through a culvert crossing the petroleum pipelines to the proposed wetland mitigation area. From the east end of the mitigation area, build a 24-inch-diameter stormwater pipe through the park into the Outlot C wetland. (The stormwater outlet from Outlot B is nonfunctional.) (k) Construct a storm sewer between Lots 10 and 14 and Lots 9 and 15 around the wetland to the Arlington Avenue storm sewer. (1) Install permanent signs around the edge of the wetland buffer strips. These signs shall mark the edge of the buffer strips and state that there shall be no mowing, vegetation cutting, filling or dumping of lawn waste. (m) Before the City Council approves a final plat for Phase Two, the City shall decide whether to require that the developer insert a = plastic pipe in the top of both of the existing outlet pipes for Outlot C under the railroad tracks. (n) Pay the City for the cost of directional signs and no parking signs - on one side of the streets. (o) Clean the junk and tires out of the wetlands. (p) The developer's engineer shall provide the City Engineer with digital copies of the final plat and as-built construction plans in .DXF format or as AutoCad Release 12 or 13 drawing files. (q) The developer shall cooperate with private utility companies to coordinate the installation of utility conduit for all future street crossings. 3. Make the following changes on plat and related plans: (a) Move the proposed sedimentation basin between Lots 111 and 113 so it fronts on a street or connect this area with a pipe to the sedimentation basin between Lots 94 and 95. (b) Show a utility easement on Lot 116. This easement should extend fifteen feet west from the water main. (c) Cul-de-sac bulbs shall have 47-foot radius curb returns. (d) Show drainage easements around the wetlands that the developer is proposing for stormwater drainage. 4. Record covenants or deed restrictions with the final plat that do the following: (a) Prohibit the construction of a house or its attachments. within 100 feet of the Williams Brothers pipeline or within 20 feet of a - wetland boundary. (b) Inform property owners about any pipelines or wetlands on the site and rohibit an mowin cutting, filling or dum ing, including yard waste, on the wetland or on a ten-foot buffer strip around the wetland. The Director of Community Development may reduce the buffer zone for lots with an unusual hardship. The Director shall notify the City Council of any reductions and allow them fifteen days to appeal the decision. 5-13-96 12 5. Deed Outlots A, B, C, D and E according to the phasing of the plat. The developer shall have the right to complete the wetland mitigation that is shown on the outlots. 6. If the City decides to buy the "Future City Park" in Outlot Band has not paid the developer for the park before recording the plat, the City will sign an agreement to do so. If the City decides not to buy the park, the developer shall show the park as an outlot for future platting or apply for a new preliminary plat. If the developer decides to final plat part of the preliminary plat, the Director of Community Development may waive any conditions that do not apply to the final plat. 7. Parkview Final Plat (Londin Lane) Approved the Parkview final plat, with approval subject to the County recording the easements, deed restrictions and covenants required by the City. 8. 1996 Dispatching Agreement - North St. Paul Approved the 1996 Dispatching Agreement between the City of North St. Paul and the City of Maplewood. 9. Bids for Used City Vehicles Accepted the following bids for the sale of :used City Vehicles: Unit #1 1987 Oldsmobile $1,758.73 Unit #3 1990 Chevrolet Caprice $1,751.00 Unit #4 1991 Chevrolet Caprice. $3,451.00 Unit #5 1991 Chevrolet Caprice $3,175.00 Unit #6 1992 Chevrolet Caprice $4,189.00 Unit #7 1992 Chevrolet Caprice i$4,189.00 Unit #8 1993 Chevrolet Caprice ~~$5,608.00 10. Agreement with East County Line for Ambulance Lease Approved the agreement with East County Line Fire Department allowing the Maplewood Police Paramedic Service to lease ,their back-up ambulance. 11. Ambulance Bill - Application for Cancellation (Patterson) Authorized cancellation of the remaining $190.74 balance of an ambulance bill for Mary Patterson. Medicare has paid $259.09 and Blue Cross paid $67.27. 12. Ambulance Bill - Application for Cancellation (Brehm) Authorized cancellation of the remaining $109.80 balance of an ambulance ~ bill for Martha M. Brehm. Medicare has paid $271.79 and her supplemew~tal insurance paid $118.91. 5-13-96 13 13. Ambulance Bill - Application for Cancellation (Lopshire) Authorized cancellation of the remaining $:154.46 balance of an ambulance bi 11 for Li 11 i an Lopshire. Medicare has pai d $146.51 and she has pai d $36.63. G. PUBLIC HEARINGS 1. 7:00 P.M. (7:09 P.M.): Assessment Hearing - TH61 North of Beam Ave. Watermain, Project 95-17 a. Mayor Bastian convened the meeting fora public hearing regarding the proposed assessment roll and awarding of bids for Project 95-17. b. Manager McGuire presented the staff report. c. City Attorney Kelly explained the procedure for public hearings. d. Director of Public Works Haider presented the specifics of the report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: , John Dietrich, RLK Associates, representing Venburg Tire, Mr. Lactorin and the Carrs - in favor of the project Steve Bloomer, 220 Wakefield Road, Wayzata, Lexus of Wayzata - stated that when he initiated the process he expected the City would provide water, but wants the City to continue with the project as agreed to. Hale Carr, 3090 Maplewood Drive North - asked that the project continue to County Road D Keith Venburg, 2372 Greenbrier Circle, Little Canada (Venburg Tire) supports project Gerald Mogren, 2855 Frederick, (Countryview Golf) - Has no use for City water in his operation and sees no benefit to him. He further stated that he does not object to the main being put in, but has already been assessed for the water main on Beam Avenue and was told by Ramsey County that if his property is ever developed water would have to come from Beam Avenue because it would not be accessible from Highway 61 side. John Dietrich, RLK Associates - stated that Mr. Mogren has properties north of the golf course which could access the new water main. Steve Bloomer, Lexus - stated he objects to the his possible recovery (through a cash connection charge) being only about 1/2 of his actual cost per front foot - nothing was mentioned about this prior to his agreement with the City. f. Mayor Bastian closed the public hearing. g. Councilmember Carlson introduced the following Resolution and moved its adoption: 96 - 05 - 56' ADOPTION OF THE ASSESSMENT ROLL - TH 61 WATER MAIN, PROJECT 95-17 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed on all objections to the proposed assessment for the construction of Trunk Highway 61 Water Main, North of Beam as described in the files of the City Clerk as Project 95.17, and has amended such proposed assessment as it deems just, 5-13-96 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 20 years, the first of the installments to be payable on or after the first Monday in January, 1997, and shall bear interest at the rate of 7.0 percent per' annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1996. To each subsequent - installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made,. upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Mayor Bastian Ayes - Councilmembers Allenspach, Carlson, Koppen Nays - Mayor Bastian, Councilmember Rossbach h. Councilmember Carlson introduced the following Resolution and moved its adoption: 5-13-96 15 96-05-57 AWARD OF BIDS - TH 61 WATER MAIN, PROJECT 95-17 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD. MINNESOTA, that the alternative bid of F.M. Frattalone Excavating and Grading Inc. in the amount of $121,039.55 is the lowest responsible bid for the construction of TH 61 Water Main, City Project 95-17, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The FinanceDirector is hereby authorized to make the financial transfers necessary to implement the financing plan-for the project. Seconded by Mayor Bastian Ayes - Councilmembers Allenspach, Carlson, Koppen Nays - Mayor Bastian. Councilmember Rossbach - i. Mayor Bastian moved to consider appeals at the Mav 20. 1996 Council Meeting. Seconded by Councilmember Carlson Ayes - all 2. 7:15 P.M.(7:37 P.M.): Conditional Use Permit - 379 Ripley Avenue (Haessig) a. Mayor Bastian convened the meeting for a public hearing regarding a request from William and Sharon Haessig for a Conditional Use Permit which would allow them to put a patio enclosure on the existing deck on the rear of the house. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. f. Mayor Bastian opened the public hearing, calling for proponents or - opponents. The following persons were heard: Sharon & William Haessig, 379 Ripley, the applicants g. Mayor Bastian closed the public hearing. h Councilmember Rossbach introduced the following Resolution and moved its - ado~ti on 96-05-58 CONDITIONAL USE PERMIT - 379 RIPLEY AVENUE WHEREAS, William and Sharon Haessig are requesting that Maplewood approve a conditional use permit to put a patio enclosure on the deck on the rear of their house at 379 Ripley Avenue. WHEREAS, this permit applies to the property at 379 Ripley Avenue. The legal description is: 5-13-96 16 Lot 8, Block 1, Markfort Second Addition (PIN 17-29-22-32-0039) WHEREAS, the history of this conditional use permit is as follows: 1. On April 15, 1996, the Planning Commission recommended that the City Council approve this permit. 2. On May 13, 1996, the City Council held a public hearing. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council approve the above-described conditional use permit based on the building and site plans. The City approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run- off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans dated March 11, 1996 as approved by the City. The Director of Community Development may approve minor changes. 5-13-96 17 2. The proposed patio enclosure construction must be started within one year after Council approval or the permit shall end. The Council may extend this deadline for one year. 3. The City Council shall review this permit only if a problem develops. Seconded by Councilmember Allenspach Ayes - all 3. 7:30 P.M. (7:52 P.M.): Conditional Use Permit - Highway 61 (Backyard Building Systems) a. Mayor Bastian convened the meeting for a public hearing regarding a request from Larry Kidd of Backyard Building Systems, Inc. for a Conditional Use Permit revision which would allow him to move his backyard shed sales business to the lot north of the recently approved Lexus automobile dealership. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Jim Dunfee, representing Backyard Building Systems e. Mayor Bastian closed the public hearing. f. Councilmember Rossbach introduced the following Resolution and moved its adoetion: 96-05-59 CONDITIONAL USE PERMIT - EAST SIDE OF HIGHWAY 61 WHEREAS, Larry Kidd applied for a conditional use permit to install a backyard shed display and sales business on a lot along the east side of Highway 61. WHEREAS, this permit applies to the following described property: Tract C, Registered Land Survey Number 525 WHEREAS, the history of this conditional use permit is as follows: 1. On April 15, 1996, the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on May 13, 1996. 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 5-13-96 18 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: 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 date-stamped March 29, _ 1996 as approved by the City. The Director of Community Development may approve minor changes. The parking lot may be expanded to fifty parking spaces with the Community Design Review Board's approval. 2. The City Council shall review this permit in one year. 3. If there is not enough parking, the operator or property owner shall provide more spaces. The City staff must approve a plan before paving begins. 4. The operator shall not allow parking on Highway 61 or outside of the parking lot. 5. The operator shall keep the weeds and tall grass cut along the front property line. Seconded by Councilmember Koppen Ayes - all 5-13-96 19 f. Councilmember Rossbach moved to approve the site plan date stamped March 19. 1996 for a used car sales lot and backyard shed sales business on _ the east side of Hiahwav 61. south of County Road D. The Director of Community Devel~ment may approve minor changes. Seconded by Councilmember Koppen Ayes all H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Historical Advisory Commission/Historical Society Ordinance - Second Reading a. Manager McGuire presented the staff report. b. City Attorney Kelly presented the history and details of the proposed Ordinance creating the History Commission. _ c. Councilmember Carlson introduced the following Ordinance for second reading and moved its adoption: ORDINANCE N0. 755 ORDINANCE FOR MAPLEWOOD HISTORICAL ADVISORY COMMISSION THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREIN ORDAIN: Article IV, Secs. 2-87 to 2-99 is hereby added to read as follows: DIVISION 4. HISTORICAL COMMISSION Sec. 2-87 Established There is hereby established for the City a Historical Commission as an advisory board to the City Council, as provided in Minnesota Statutes Annotated Sections = 471.93 and 138.51. Sec. 2-88. Statement of public policy and purpose. It is hereby declared by the City Council that it is the public policy of the City to engage in a comprehensive program of historic preservation and to promote the use and conservation of historic properties for the education, inspiration, pleasure, and enrichment of the citizens of the Maplewood area. Sec. 2-89. Advisory body: All actions of the Historical Commission shall be in the nature of recommendations to the City Council, and said Commission shall have no final authority with reference to any matters, except as the Council may lawfully delegate authority to it. 5-13-96 20 Sec. 2-90. Composition; Appointment; Qualifications; Terms (a) The Historical Commission shall be composed of 7 members appointed by the City Council, who shall be residents of the City, and shall be selected to assure that the Commission is representative of the various areas of the City and responsive to the needs of the City.: ,The unexpired portion of the year in which the appointments are made shall be considered as one year. All terms shall expire on December 31 of the year in which the appointment terminates. As the terms expire, all appointments thereafter shall be for a term of 3 years, and a member may only be reappointed for one additional term. The first board appointed by the Council shall serve as follows: three members for three years and four members for two-year terms. After the two-year terms expire, all appointments shall be three-year appointments. Sec. 2-91. Officers Generally. The chairperson and vice-chairperson of the Historical Commission. shall be elected by the Historical Commission at the first meeting in January of each year from among the members of the Historical Commission. The chairperson shall be responsible for calling and presiding over all meetings and shall be entitled to an equal vote with other members of the Commission. Sec. 2-92. Vacancies. (a) Any of the following may cause the office of a Historical Commissioner to become vacated: (1) Death or removal from the City; (2) Disability or failure to serve, as shown by failure to attend four (4) meetings in any year, may be cause for removal by the Council majority, unless good cause can be shown to the Council. (3) Resignation in writing. (4) Taking of public office in the City. Sec. 2-93. Officers, Meetings, Rules of Procedure; Public Attendance; etc. (a) The Historical Commission shall establish meeting times and adopt its own Rules of Procedure to be reviewed and approved by the City Council. _ (b) All meetings of this Commission shall be open to the public and shall be housed in such manner as to permit public attendance. Sec. 2.94. Powers. The powers of the Historical Commission shall be as follows: (1) Recommend districts, sites, buildings, structures, and objects that are of historical, archeological, engineering or cultural significance. (2) Accept donations, funds and property on behalf of the City.. (3) Assist in the establishment of a non-profit Maplewood Area Historical Society. No power shall be exercised by the Commission which is'contrary to a State law or denied by the City by its charter or law. The powers of the Commission shall be exercised only in a manner prescribed by ordinance and no action of a Commission shall contravene any provision of the City's zoning or planning ordinance unless expressly authorized by an ordinance. 5-13-96 21 Sec. 2-95. Duties and Responsibilities. The duties of the Historical Commission shall be as follows: (1) To discover and collect any and all material which may establish or illustrate the history of the City. (2) The Commission may publish any and all materials which may bear upon this history. (3) To provide for the guidelines for any and all material necessary to fulfill its purpose. Sec. 2-96. Compensation, expenses. All members of the Historical Commission shall serve without compensation. Sec. 2-97. Staff - Director of Commission responsible for correspondence, docket, minutes, records, files, etc. Subject to the direction of the Historical Commission and its chairperson, the City Manager's designated person shall conduct all correspondence of the Commission, send out all notices required, attend all meetings and hearings of the Commission, keep the docket and minutes of the Commission's proceedings, compile all required records, and maintain the necessary files and indexes of the Commission. Sec. 2-98. City Attorney and Other City Employees. (a) The services of the City Attorney shall be available to the Historical Commission. Sec. 2-99. Sunset (a) The Historical Commission shall sunset on December 31, y082~ 2oGNl. Seconded by Councilmember Koppen Ayes - all J. NEW BUSINESS 1. Stop Sign Requests a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council. regarding this matter. The following were heard: Bill Daley, 907 Lakewood Court - In favor of stop signs Read letter from Diane & Rick Sherwood, 885 Schaller Drive - In favor Scott Samuelson, 2420 Hillwood Drive - In favor, also suggested "Curve" and or "Children at Play" signs. Brian Fitzgerald, 870 Lakewood Drive In favor Debbie Daley, 907 Lakewood Court - In favor d. Councilmember Rossbach moved to approve the requests for stop signs at Hillwood Drive and Marnie Street and at Schaller Drive. and Lakewood Court. Seconded by Mayor Bastian Ayes all 5-13-96 22 2. Bituminous Overlay Project a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Frank Hoffineister, 358 Belmont Lane East - commented on the deterioration of his street, requested sealcoating and suggested the City should be doing regular preventive maintenance d. Councilmember Rossbach moved to authorize staff to advertise and receive bids for Proiect 96-10 Bituminous Overlav and quotes for 1996 seal coat proiect and to direct staff to research the situation on Belmont and report back to Council. Seconded by Councilmember Koppen Ayes - all 3. Road Rejurisdiction Resolutions a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Carlson introduced the followin4 Resolution and moved its adoption: 96-05-60 ROAD RE-JURISDICTION RESOLUTION -CSAH 19 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD that they agree with the actions of Ramsey County concerning CSAH 19. 1. Revoking the county state aid highway designation from the nonexisting portion of CSAH 19 from County Road D to Beam Avenue. _ 2. Concur with the designation of CSAH 19 from existing CSAH 19 on County Road D to Trunk Highway 61. Seconded by Councilmember Koppen Ayes - all d. Councilmember Carlson introduced the followin4 Resolution and moved its adoption: 96-05-61 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. 5-13-96 23 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood that the road described as follows, to-wit: Linwood Avenue from McKnight Road (CSAH 6B) to Century Avenue (CSAH 72) be and hereby is established, located, and designated a municipal state aid street of said City, subject to the approval of the Commission of Transportation of the State of Minnesota. 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 consideration, and that upon approval of the designation of said road or portion thereof, that 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 Seconded by Councilmember Koppen Ayes - all 4. Century North of Highwood. Sanitary Sewer, Project 95-11 - Schedule Public Hearing a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian moved to table this item to May 20 and direct to investigate further options. Seconded by Councilmember Carlson Ayes - all 5. Community Center Staffing a. Manager McGuire presented stated the Director of Parks & Recreation requested this item be tabled to a future date. _ b. Mayor Bastian moved to table the Community Center Staffin4 item to a future date. Seconded by Councilmember Koppen Ayes - all 6. Massage Ordinance - First Reading a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the report and discussed amendments which should be made to the proposed ordinance. c. Councilmember Carlson moved to approve first reading of the Personal Services - Therapeutic Massage Ordinance. Seconded by Councilmember Koppen Ayes - all 5-13-96 24 7. Local Performance Aid for 1997 a. Manager McGuire presented the staff report. b. Director of Finance Faust presented the specifics of the report. c. Councilmember Carlson moved to approve development of performance measures and authorize the Mayor and a City Council Member to sign the certification form for Local Performance Aid payable in 1997. Seconded by Councilmember Koppen Ayes - Councilmembers Allenspach, Carlson, Koppen Nays - Mayor Bastian, Councilmember Rossbach 8. Hideaway Night Club - Hearing for Administrative Review of Liquor License a. Manager McGuire presented the staff report. b. City Attorney Kelly explained the procedures for an administrative review. c. 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: John Finley, representing The Hideaway and the Tulgren's d Councilmember Carlson moved to table this item until such time as the court case is resolved. Seconded by Councilmember Rossbach Ayes - all 9. Fantasia - Hearing for Administrative Review of Liquor License a. Manager McGuire presented the staff report. b. City Attorney Kelly explained the procedures for an administrative review. c. Director of Public Safety Collins presented the specifics of the report. d. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. e. Councilmember Carlson moved to revoke the liquor license of Chan4 (Chance) Vang to sell beer at Fantasia Nightclub. Seconded by Councilmember Allenspach Ayes - all 5-13-96 25 K. VISITOR PRESENTATIONS 1. Kevin Berglund, 1929 Kingston Avenue a there was ua a onfl i ct eof ~ nt re t~ a egardi ng the Tul grenest attoaneyether 1) Mayor Bastian stated it was not a conflict situation. b Counci6l/St f aretreatnand asked ihf there was any additionaltenformation available. 1) Manager McGuire stated that the minutes are only a summary of the could prova de othea prinBedgmaterialtrelativetto the retreater who 2. Emil Sturzenegger, 2455 Londin Lane a. Mr. Sturzenegger inquired about the results of the traffic study on McKnight and Londin Lane. 1) Mayor Bastian responded it should be available after June 3, would probably be on the June 10 Agenda. 2) Mr. Sturzenegger stated he would be out of town until after June 10 and asked if it could be delayed. 3) Mayor Bastian said it could be on the June 24 Agenda. L. COUNCIL PRESENTATIONS 1. Aldrich Arena a. Councilmember Rossbach stated he has received a call regarding an all- night event at Aldrich Arena, with loud music and noise. b. Director of Public Safety Collins said he had no information about an event, and would look into it. 2. Mayor's Forum a. Mayor Bastian commented on various questions he had received and announced several upcoming events. M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING MEETING ADJOURNED AT 10:04 P.M. Lois N. Behm, Acting City Clerk 5-13-96 26