HomeMy WebLinkAbout07-08-2002MINUTES
MAPLEWOOD CITY COUNCIL
7:08 P.M., Monday, July 08, 2002
Council Chambers, Municipal Building
Meeting No. 02-14
A.
B.
C.
D.
CALL TO ORDER:
A meefing of the City Council was held in the Council Chambers, at the Municipal Building, and
was called to order at 7:08 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
ROLL CALL
Robert Cardinal, Mayor Present
Kenneth V. Collins, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councilmember Present
APPROVAL OF MINUTES
1. Minutes from June 24, 2002 Council/Manager Workshop
Councilmember Juenemann moved to approve the Council/Manager Workshop Minutes of June
24, 2002 as presented.
Seconded by Councilmember Collins
Ayes-All
2. Minutes from June 24, 2002 City Council Meeting, Meeting No. 02-13
Councilmember Wasiluk moved to approve the City Council Minutes of June 24, 2002 meeting
No. 02-13 as presented.
Seconded by Councilmember Juenemann
E. APPROVAL OF AGENDA
G8. Donation to Maplewood Police
Department
F2. Moved to G9.
Ml. National Night Out
M2. Police Chief Winger
M3. Affordable Housing
Ayes-All
M4. School District 622
M5. White Bear Avenue Parade and
Ramsey County Fair
M6. NEST
M7. Attorney Question
Councilmember Juenemann moved to approve the Agenda as amended.
Seconded by Councilmember Wasiluk Ayes-All
City Council Meeting 07-08-02
1
F. APPOINTMENTS/PRESENTATIONS
1. MRPA Award of Excellence
a. City Manager Fursman presented the report.
b. Parks and Recreation Director Anderson provided specifics about the award.
John Elholm from the Minnesota Recreation and Park Association (MRPA) awarded the Cites
Maplewood Parks and Recreation Department an Award of Excellence for their wimung~roiect:
Marketin~o~plewood Parks and Recreation Department. City employees Pauline Staples
and Heidi Hersom were recognized for their contribution.
G. CONSENT AGENDA
Councilmember Koppen moved to approve Consent Aeenda Items 1-3 and 6-8 as presented.
Seconded by Councihnember Wasiluk Ayes-All
1. Approval of Claims
ACCOUNTS
PAYABLE
$4,000.00 Check #58058 dated 6/18/02
$441,404.69 Checks #58059 thru #58118 dated 6/21 thru
6/25/02
$215,125.64 Disbursements via debits to checking account
dated 6/14 thru 6/24/02
$322.00 Check #58119 dated 6/25/02
$548,137.19 Checks #58120 thru #58190 dated 6/28 thru
7/2/02
$2,088,720.95 Disbursements via debits to checking account
dated 6/21 thru 6/28/02
$3,297,710.47 Total Accounts Payable
PAYROLL
$386,393.30 Payroll Checks and Direct Deposits dated
6/21/02
$30,065.05 Payroll Deduction checks #89453 thru #89459
dated 6/21/02
$416,458.35 Total Payroll
$3,714,168.82 GRAND TOTAL
City Council Meeting 07-08-02 2
2. Donation-Landfall Cops `n Kids Fishing Clinic
Approved the donation of $100.00 from Saturn of Saint Paul to the Landfall Cops `n Kids
Fishing Clinic.
3. Mall Area Traffic Study, City Project 01-11: Resolution Approving Cost Share
Agreement with Minnesota Department of Transportation
Approved the following resolution with MnDOT requesting their participation in the Mall
Area Comprehensive Traffic Study at $16, 331:
RESOLUTION 02-07-124
REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION IN TRAFFIC STUDY
CITY PROJECT 01-11
WHEREAS, the Maplewood City Council has established resolution of the traffic
problems in the area of Maplewood Mall as a top priority goal for the community, and
WHEREAS, the roadway systems in the area of Maplewood Mall are under
various jurisdictions, including MnDOT, Ramsey County and the Cities of Maplewood,
North St. Paul, White Bear Lake and Vadnais Heights, and
WHEREAS, a comprehensive study of the traffic patterns within the area will
develop solutions that will benefit all area roadways, and
WHEREAS, URS Corporation indicated that the cost of conducting a traffic study
of the Maplewood Mall area would cost $48,993.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL
THAT:
1. The Minnesota Department of Transportation is hereby requested to participate in
one-third (1/3) of the project cost or $16,331.
2. The Maplewood City Engineer will be the Project Manager and Administrator of
the overall project.
All funds received from MnDOT and Ramsey County shall be directed to pay the
costs of the consultant work on the study.
4. Duc's Restaurant-705 Century Avenue North-3.2 Malt Liquor License--Moved to New
Business
Vietnam Restaurant-3035 White Bear Avenue-3.2 Malt Liquor License-Moved to New
Business
City Council Meefing 07-08-02
6. Selection of Location-City Visionary Meeting
Approved the itinerary for the July 3Q 2002 visionary meeting.
7. Centex/Hillcrest Redevelopment
Approved to continue Centex/Hillcrest Area Redevelopment agenda item to July 22,
2002.
8. Donation to Police Department from Maplewood Toyota
Moved to approve the donation of two vehicles from Maplewood Toyota to the
Maplewood Police Department.
9. Human Relations Committee Appointment
Appointed Barbara Darnchik-Dykes to the vacancy on the Human Relations Commission.
H. PUBLIC HEARINGS
1. 7:00 p.m. (7:15 p.m.) Sinclair Fuel Station (223 Larpenteur Avenue)
A. Conditional Use Permit
B. Design Approval
a. City Manager Fursman presented the staff report.
b. Associate Planner Roberts presented specifics from the report.
c. Jackie Monahan-Junek presented the Planning Commission Report.
d. Diana Longrie-Kline presented the Community Design Review Board Report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Larry Feldsien, representing Sinclair Oil
£ Mayor Cardinal closed the public hearing.
Councihnember Koppen moved to adont the following resolution approving a conditional use
permit to onerate a motor fuel station within the business commercial. BC, zoning district for the
Sinclair Gas Stafion located at 223 Larpenteur Avenue East:
City Council Meeting 07-08-02 4
RESOLUTION 02-07-125
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Sinclair Oil Corporation applied for a conditional use permit to operate a
motor fuel station within the BC, Business Commercial, zoning district;
WHEREAS, this permit applies to property located at 223 Larpenteur Avenue East. The
legal description is:
The West 300 feet of the South 290 feet, except the West 30 feet thereof, of the West'h of the
Southeast''/4 of the Southeast'/a of Section 18, Township 29, Range 22.
WHEREAS, the history of this conditional use permit is as follows:
On June 17, 2002, the planning commission recommended that the city council approve
this permit.
2. On July 8, 2002, 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 city 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 approved the above-
described conditional use permit based on the building and site plans. The city approved
this permit because:
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 runoff, 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.
City Council Meeting 07-08-02
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. The fuel station's hours of operation, including pay-at-the-pump fueling, is limited to 6
a.m. to 11 p.m.
2. The applicant shall comply with all requirements of the Minnesota Pollution Control
Agency regarding fuel tanks, fuel spillage, monitoring wells, any contaminated soil, etc.
3. All construction shall follow the site plan approved by the city including the removal of
the westerly Larpenteur Avenue driveway and relocating the driveway onto Adolphus
Street. The director of community development may approve minor changes.
4. The proposed construction must be substantially started within one year of the city
council approval or the permit shall become null and void.. The city council may extend
this deadline for one year.
5. The city council shall review this permit in one year.
Seconded by Councihnember Collins Ayes-All
Councilmember Koppen moved to approve the plans date stamped May 10, Mav 16, and Mav 23,
2002, for the building addition, remodeling and construcfion of a new canopy and fuel islands for
the Sinclair Gas Station at 223 Larpenteur Avenue East.
Approval is subject to the following conditions:
a. Repeat this review in two years if the city has not issued a building permit for this project.
b. Submit the following for staff approval before the city issues a building permit:
(1) A revised site plan showing:
(a) Removal of the westerly driveway on Larpenteur Avenue and the
replacement of all required curb and gutter along Larpenteur Avenue and
the parking area.
(b) At least a 24-foot-wide driveway entrance on Adolphus Street. The
driveway must be centered on the fuel pump islands.
(c) The easterly driveway on Larpenteur Avenue widened to 36 feet. Three
lanes should be marked with paint and arrows to include an entrance lane,
a left-turn exit lane, and aright-turn exit lane.
(2) Revised grading, drainage, utility and erosion control plans.
(3) A revised landscape plan showing the following:
City Council Meeting 07-08-02 6
(a) Moving the five scotch pines proposed on the west side of the site to the
north side of the new driveway. These pine trees should be at least six-feet
in height, as opposed to the proposed four-foot height.
(b) Expanding the landscaping proposed on the south side of the site to the
west property line, due to the removal of the westerly Larpenteur Avenue
driveway.
(c) Landscaping as required by the city engineer within any required rain
garden.
(c) Installing in-ground sprinkler system for all landscaped areas.
(d) Edging and mulching all planting beds.
c.
d.
(4) Revised canopy elevations showing that the lights beneath the canopy are flush
mount. The lenses of the lights must not drop below the opaque portions of each
lighting fixture.
(5) A revised photometric plan showing that the site lighting complies with the city's
lighting ordinance.
(6) Trash enclosure fence sample must be submitted to staff to ensure the fence is 100
percent opaque.
(7) Aright-of--way easement covering the westerly 15 feet of the site. The easement
must be recorded with Ramsey County prior to issuance of a building permit.
(8) Revised rear elevation showing that the new brick proposed for the sides of the
building wrap around onto the back elevation by 2 feet on both sides.
Complete the following before occupying the building:
(1) Restore and sod damaged boulevards.
(2) Install all pavement, curb, and gutter.
(3) Install stop signs at both exits and ahandicap-parking sign for the handicap-
parking stalls.
(4) Widen the easterly Larpenteur Avenue driveway to 36 feet. Three lanes should be
marked with paint and arrows to include an entrance lane, alert-turn exit lane, and
a right-turn exit lane.
(5) Install the approved trash enclosure.
(6) Install all required landscaping.
If any required work is not done, the city may allow temporary occupancy if:
City Council Meeting 07-08-02
(1) The city determines that the work is not essential to the public health, safety or
welfare.
(2) The city receives cash escrow or an irrevocable letter of credit for the required
work. The amount shall be 150 percent of the cost of the unfinished work. Any
unfmished landscaping shall be completed by
June 1 if the building is occupied in the fall or winter or within six weeks if the
building is occupied in the spring or summer.
(3) The city receives an agreement that will allow the city to complete any unfinished
work.
e. This approval does not include the signs. All proposed signs require a separate sign
permit and must comply with the city's sign ordinance.
£ All work shall follow the approved plans. The director of community development may
approve minor changes.
Seconded by Councihnember Juenemann Ayes-All
2. 7:15 p.m. Bruentrup Farm (2170 County Road D)
A. Conditional Use Permit Revision
B. Design Approval
C. Consider Funding Options
D. Change Order Authorizing Construction
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
c. Jackie Monahan-Junek presented the Planning Commission Report.
Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Conditional Use Permit Revision:
George Rossbach, 1406 East County Road C, Maplewood
Carolyn Peterson, 1801 Gervais Avenue, Maplewood
Charlotte Wasiluk, 1740 Frank Street, Maplewood
Deb Charpentier, 2212 County Road D East, Maplewood
Kevin Berglund, 1929 Kingston, Maplewood
Councilmember Collins moved to table this item until after item H3.
Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmember
Collins
Nays-Councihnembers Juenemann, Koppen
and Wasiluk
City Council Meeting 07-08-02 g
Motion failed.
Councilmember Koppen moved to adopt the resolution approving a revised conditional use
permit (CUPI for the Bruentrup Heritage Farm at 2170 County Road D:
RESOLUTION 02-07-126
CONDITIONAL U5E PERMIT REVISION
WHEREAS, the Maplewood Historical Society was granted a Conditional Use Permit on June
14, 1999, for the Bruentrup Heritage Farm at 2170 County Road D, further described as:
Except the East 633 feet of the North 183 feet and except the South 150 feet of the North 333
feet of the East 213 feet and except the South 905 feet, the NE '/4 (subject to roads and
easements), in Section 2, Township 29, Range 22. (PIN 02-29-22-11-0009)
WHEREAS, the Maplewood Historical Society has submitted a site plan proposing a parking lot
on the eastern side of the Bruentrup Heritage Farm site.
WHEREAS, on July 1, 2002, the planning commission reviewed the site plan revisions and
recommended that the City Council approve this permit revision.
WHEREAS, on July 8, 2002, the City Council conducted a public hearing on said site plan and
Conditional Use Permit (CUP) Revision, after due published notice in the legal newspaper and
notice of said hearing was mailed to surrounding property owners, and after considering all
testimony from every person or persons wishing to speak or those who wished to submit written
statements, and after considering reports and recommendations from city staff and the planning
commission.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL approve the above-
described condifional 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 area 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, smoking, dust, odor, fumes, water or air pollution,
drainage, water runoff, 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.
City Council Meeting 07-OS-02
8. The use would maximize the preservation of and incorporate the site's natural and scenic features
into the development and design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions (additions are underlined and deletions are
crossed out):
All construction shall follow the approved site plan dated Mav 17, 2002, for the proposed 21-car
parking lot for the Bruentrup Heritage Farm to be located on the eastern side of the farm house
building, which shall include a bus turnaround, subiect to the addition of extensive landscape
features which shall be designed by a registered landscape architect to screen from view the
properties to the east and northeast of the parkins lot. Approval is sxanted sitins the fact that the
parkins lot is located and designed to minimize the impact to the City owned and maintained
open space, and that the parking lot would not change and is consistent with the operation of the
Bruentrup Heritage Farm as a public facility
2. All construction shall follow the site plan approved by the City. The City Engineer may approve
minor changes to the site plan.
3. The City Council shall review this permit in one ,}ear.
4. Any parkin lg of lights shall be installed per City code, subject to the approval of the City
Engineer.
5. The site plan dated Mav 1999 shall be deemed the approved site plan for the Bruentrup Heritage
Farm site, except the addition of the 21-car parking lot on the eastern side of the site.
6. ,
dist~rbaxEe.
Seconded by Councihnember Wasiluk Ayes-Councilmembers Collins,
Koppen, Juenemann and Wasiluk
Nays-Mayor Cardinal
City Council Meeting 07-08-02 10
Design Approval.•
Deb Charpenfier, 2212 County Road D East, Maplewood
Dave Huebl, 2191 County Road D East, Maplewood
Kevin Berglund, 1929 Kingston Avenue, Maplewood
George Rossbach, 1406 East County Road C, Maplewood
Councilmember Koppen moved to approve the design plans for the Bruenturp Herita eg Farm
Parking Lot at 2170 County Road D.
Councilmember Wasiluk offered a friendly proposal to work with the neighbors on the agreeable
screening.
Seconded by Councilmember Juenemann
Ayes-Councilmember Collins,
Koppen, Wasiluk and Juenemann
Nays-Mayor Cardinal
Consider Funding Options
George Rossbach, 1406 East County Road C, Maplewood
Kevin Berglund, 1929 Kingston Avenue, Maplewood
Dave Huebl, 2191 County Road D East, Maplewood
Councilmember Collins moved accept Funding Ontion Two: $30,000 from the Park
Development Fund and $10,000 from the Historical Society Funds.
Seconded by Councilmember Wasiluk Ayes-All
Change Order Authorizing Construction:
City Engineer Ahl asked to bring this item back to the council at the Special Council Meeting on
July 18, 2002.
2. 7:30 p.m. (8:51 p.m.) Hmong Alliance Church (1770 McMenemy Street)
A. Conditional Use Permit Revision
B. Design Approval
a. City Manager Fursman presented the staff report.
b. Associate Planner Roberts presented specifics from the report.
c. Jackie Monahan-Junek presented the Planning Commission Report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Kao Lee, representing the church, 2415 Cypress, Maplewood
Chou Vang, youth worker for the church, 415 Kingston Avenue, Maplewood
Dick DuFresne, 1721 Desoto Street, Maplewood
Audrey Duellman, 1843 Desoto Street, Maplewood
City Council Meering 07-08-02 11
Dick Friemuith, 1802 Bun Street, Maplewood
James Evans, 1796 Bun Street, Maplewood
Kevin Berglund, 1929 Kingston Avenue, Maplewood
Sullivan Kong, member of the Hmong Alliance Church from St. Paul
Ge Her, 1391 Bradley Street, Maplewood
Ye Her, 1768 McMenemy, Maplewood
Christine Le, Member of the Church
Jim Benshoof, Benshoof and Associates, Inc, addressing the traffic report they submitted
Barry Morgan, Master Engineering, 2104 4th Avenue South, Minneapolis, for the Church
Kao Lee, second appearance
Kevin Berglund, second appearance
Dick DuFresne, second appearance
Councilmember Koppen moved to adopt the resolution approving a conditional use permit for
the parking lot and ~layexound for St. Paul Hmong Alliance Church at 1770 McMenemy Street.
RESOLUTION 02-07-127
CONDITIONAL USE PERMIT REVISION RESOLUTION
WHEREAS, the St. Paul Hmong Alliance Church applied for a revision to their conditional
use permit because of their plans to enlarge their church parking lot, and to add a playground to
their property.
WHEREAS, this permit allows the church and Sunday school.
WHEREAS, this permit applies to 1770 McMenemy Street. The legal description is:
Except South 95 feet of West 167 feet and except East 200 feet; the North 5 acres and
except West 167 feet and except East 200 feet; the North 4 feet of South 5 acres; being in North
10 acres of Southwest 1/4 of Southwest 1/4 (subject to road and easements) in Section 27,
Township 29, Range 22.
And
Commencing at a point on the West line of Section 17, Township 29, Range 22, said
point being 166.98 feet South from the Northwest comer of the Southwest 1/4 of the Southwest
1/4 of Section 17; running thence East and parallel with the North line of said quarter quarter
Section 1308.4 feet to the intersection with the East line of said quarter quarter Secfion, thence
running South along the East line of said quarter quarter Section 166.98 feet; thence running
West and parallel with the North line of said quarter quarter Secfion 1308.4 feet to the
intersection with the West line of said Section; thence running North along said last named line
166.98 feet to the place of beginning; excepting therefrom the West 342 feet thereof; and except
land described in Document No. 2137431.
WHEREAS, the history of this conditional use permit is as follows:
1. On November 24, 1986, the city council granted a conditional use permit for a church at this
location.
2. On Tune 17, 2002, the planning commission recommended that the city council approve this
permit revision, except the addition of the new driveway to Desoto Street.
City Council Meeting 07-08-02 12
3. The city council held a public hearing on July 8, 2002. City staff published a notice in the paper
and sent notices to the surrounding property owners as required bylaw. 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 approves the above-described
conditional use permit revision, 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:
All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes. This approval includes the parking lot expansion, and
the proposed playground.
2. The proposed construction must be substantially started within one year of council approval or
the permit shall become null and void. The council may extend this deadline for one year.
3. Regularly maintain the grounds and pick up all debris as well as maintain the decorative wood
screening fences along the north side of the site.
4. The city council shall review this permit in one year.
City Council Meeting 07-08-02 13
5. The city council may require additional parking spaces if a parking shortage develops.
6. The plans for the driveway to Desoto Street, the future church addition and future gymnasium
are not approved. These shall be submitted to the City Council for approval of a revised
conditional use permit.
7. The city council may require the church to make changes to the site, if the council deems it
necessary or prudent, during future reviews of the conditional use permit.
8. The church shall provide adequate screening of the new parking lot from adjacent homes by
planting, berming or both.
Seconded by Councilmember Wasiluk Ayes-All
Councilmember Koppen moved to approve the design plans for the proposed parking lot, and
playground for St. Paul Hmong Alliance Church.
This approval is subject to the following conditions:
1. Repeat this review in two years if the city has not issued a permit for this expansion.
2. Before starting the construction of the parking lot, provide for staff approval the following plans:
a. A revised landscape plan that shows the following:
(1) Significant screening and landscaping along the south side of the parking lot in the
areas next to the adjacent houses. Such screening shall be at least six feet tall and be
80 percent opaque and may be accomplished with a fence, berming or trees.
(2) The use of native turf for the proposed ponding areas with additional landscaping in
and around the eastern pond.
b. Provide a grading, drainage, ufility and erosion control plan to the city engineer for approval.
The erosion control plan shall meet ordinance requirements and all the plans shall meet the
requirements of the city engineer. If the grading plan shows the elimination of any mature
trees (eight inches in caliper or more), the applicant shall replace these trees in accordance
with the woodland protection ordinance.
c. A revised lighting plan that shows the style and height of the proposed parking lot lights. The
lights cannot be more than 25 feet in height as measured from the ground grade to the top of
the luminary. The plan also must show that the lighting would not exceed the maximum
illumination as allowed by code (0.4-foot-candles) at the property lines.
d. A trash container enclosure plan that includes a fence that is at least 6 feet tall and a gate that
is 100 percent opaque.
e. A playground layout plan that includes the locafion and style of playground equipment.
3. Resod the lawn that is disturbed by construction activities.
City Council Meeting 07-08-02 14
4. Restripe the driveway onto McMenemy Street to include a turn lane.
5. Construct the required trash container enclosure.
6. If any required work is not done, the city may allow temporary occupancy if
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The city receives a cash escrow or an irrevocable letter of credit for the required work.
The amount shall be 150% of the cost of the unfmished work.
7. All work shall follow the approved plans. The director of community development may
approve minor changes.
Seconded by Councilmember Wasiluk
Ayes-All
Councilmember Koppen moved to deny the driveway access onto Desoto Street.
Seconded by Councilmember Collins
Ayes-All
Denial of driveway request is because of concern that Desoto is not currently designed/built to
carry additional traffic. When improvements are planned and completed on Desoto Street, the
church could then make a request for an access.
City Manager Fursman noted that if additional design features are made for the McMenemy
entrance, those could be bought back to the staff for modification.
Councilmember Wasiluk moved to extend the meetin tg o complete the agenda.
Seconded by Councilmember Koppen Ayes-All
A five-minute break was taken.
I. AWARD OF BIDS
1. Award ofBid-Hazelwood Park Soccer Lights
a. City Manager Fursman presented the staff report.
b. Parks and Recreation Director Anderson presented specifics from the report.
Councilmember Koppen moved to award the bid for the electrical hookup for the Hazelwood
Park soccer lights for the open space properties to Muska Electric for $34 944.00:
Seconded by Councilmember Juenemann Ayes-All
2. Award of Bid for Open Space Signage
a. City Manager Fursman presented the staff report.
City Council Meeting 07-08-02 15
b. Parks and Recreation Director Anderson presented specifics from the report.
Councilmember Koppen moved to award the bid for signage to Ace Si le 1 Dlsplays for
$26,114.40 for the open space properties at Hazelwood Park.
Seconded by Councilmember Juenemann Ayes-All
3. Sanitary Sewer Repair Program-City Project 02-06
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to award the bid for Cured-in-Place Pipe, Project 02-06 to
Insituform Technologies, based on their low bid of $84,778.65; and authorized the Finance
Director to transfer the necessary funds for the Sanitary Sewer Utility Fund to the Proiect Fund.
Seconded by Councilmember Juenemann Ayes-All
J. UNFINISHED BUSINESS
None
K. NEW BUSINESS
1. Acapulco Restaurante Mexicano-3069 White Bear Avenue-Intoxicating Liquor License
a. City Manager Fursman presented the staff report.
b. City Clerk Guilfoile presented specifics from the report.
c. The following persons were heard:
Jose Leon, Owner/Manager
Sam Leon, Manager
Matt Johnson, Attorney representing the Acapulco Restaurante Mexicano
Councilmember Collins moved to approve the liquor license application with the conditions
outlined in the staff report for Jose Leon and the Acapulco Restaurante Mexicano, 3069 White
Bear Avenue:
Seconded by Councilmember Koppen
Ayes-All
2. Beaver Lake Townhomes Sanitary Sewer & Bike Path, Project 01-09: Resolution Approving
Plans and Advertising for Bids
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
City Council Meeting 07-OS-02 16
Councihnember Wasiluk moved to adopt the resolution approvin>; plans and advertising for the
Beaver Lake Townhomes sanitary Sewer and Bike Path, City Project 01-09:
RESOLUTION 02-07-128
APPROVING PLANS ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on June 24, 2002, plans and
specifications for the Beaver Lake Town Homes Trunk Sanitary Sewer and Bike Path, Project
01-09, have been prepared by (or under the direction of) the city engineer, who has presented
such plans and specifications to the council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, acopy ofwhich are attached hereto and made a
part hereof, are hereby approved and ordered placed on file in the office of the city clerk.
2. The city clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under
such approved plans and specifications. The advertisement shall be published twice, at least ten
days before the date set for bid opening, shall specify the work to be done, shall state that bids
will be publicly opened and considered by the council at
10 a.m. on the 2nd day of August 2002 at the city hall and that no bids shall be considered unless
sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the
City of Maplewood, Minnesota for five percent of the amount of such bid.
3. The city clerk and city engineer are hereby authorized and instructed to receive,.
open, and read aloud bids received at the time and place herein noted, and to tabulate the bids
received. The council will consider the bids, and the award of a contract, at the regular city
council meeting of August 12, 2002.
Seconded by Councilmember Juenemann
Ayes-All
3. Eldridge Avenue Improvements, Project 01-29:
a. Resolution Approving Plans and Advertising for Bids
b. Resolution Ordering Preparation of Assessment Roll
c. Resolution Ordering Assessment
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councihnember Juenemann moved to adopt the following three resolutions for the
Eldridge Avenue Improvement Proiect 01-29• Resolution Approving Plans and
Advertising for Bids, Resolution Ordering Preparation of Assessment Roll and
Resolution Ordering Assessment:
~ City Council Meeting 07-08-02
17
RESOLUTION 02-07-129
APPROVING PLANS ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on June 24, 2002, plans and
specifications for the Eldridge Avenue Improvements, City Project 01-29, have been prepared by
(or under the direction of) the city engineer, who has presented such plans and specifications to
the council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, acopy ofwhich are attached hereto and made a
part hereof, are hereby approved and ordered placed on file in the office of the city clerk.
2. A variance from the city standard street width in order to construction a 28-foot-
wide street is hereby approved.
3. The city clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under
such approved plans and specifications. The advertisement shall be published twice, at least ten
days before the date set for bid opening, shall specify the work to be done, shall state that bids
will be publicly opened and considered by the council at 10:15 a.m. on the 2nd day of August
2002, at the city hall and that no bids shall be considered unless sealed and filed with the clerk
and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota
for five percent of the. amount of such bid.
3. The city cleric and city engineer are hereby authorized and instructed to receive,
open, and read aloud bids received at the time and place herein noted, and to tabulate the bids
received. The council will consider the bids, and the award of a contract, at the regular city
council meeting of August 12, 2002.
RESOLUTION 02-07-130
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer will receive bids for the improvement of
Eldridge Avenue, from McMenemy Street to Desoto Street, City Project 01-29.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by
law, and they shall file a copy of such proposed assessment in the city office for inspection.
FURTHER, the clerk shall, upon completion of such proposed assessment notify the
council thereof.
RESOLUTION 02-07-131
ORDERING ASSESSMENT ROLL HEARING
City Council Meeting 07-08-02 1 g
WHEREAS, the clerk and the engineer haue, at the direction of the council, prepared an
assessment roll for the construction of Eldridge Avenue, from McMenemy Street to Desoto
Street, City Project 01-29, and the said assessment is on file in the office of the city clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 12th day of August 2002, at the city hall at
7:00 p. m. to pass upon such proposed assessment and at such time and place all persons owning
property affected by such improvement will be given an opportunity to be heard with reference to
such assessment.
2. The city clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing, and
to mail notices to the owners of all property affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the general
nature of the improvement the area to be assessed, that the proposed assessment roll is on file
with the clerk and that written or oral objecfions will be considered.
Seconded by Councilmember Koppen Ayes-All
4. Dorland Road Access Improvement-City Project 01-26: Resolution Terminating
Improvement Project and Waiving Utility Charges
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution terminating the Dorland Road
Access Improvement, City Project 01-26, and authorized a transfer from the Sewer Utility
to waive the SAC and WAC charees for 21ots adjacent to Dorland Road and to close the proiect
fund:
RESOLUTION 02-07-132
TERMINATING THE DORLAND ROAD ACCESS IMPROVEMENT PROJECT
AND WAIVING THE SAC AND WAC CHARGES
CITY PROJECT 01-26
WHEREAS, on December 17, 2001, the Maplewood City Council authorized an
Improvement Project for access to Dorland Road from 2310 Mailand Road, known as City
Project 01-26, and
WHEREAS, the property owner at 2310 Mailand Road has reached agreement for access
to Dorland Road through a reserve strip known as Outlot B within the Highwood Oaks Estates
Plat, and
WHEREAS, Outlot B was to be conveyed to the City as part of the Highwood Oaks
Estates Plat and the City was to determine and ensure "fair compensation" to the developer of
City Council Meeting 07-08-02 19
Highwood Oaks Estates Plat, and
WHEREAS, 2 new lots could be created at 2310 Mailand Road as part of a future platting
at that property that will incur SAC and WAC charges, and
WHEREAS, the City has incurred costs as part of the resolution of the "fair
compensation" issue for the reserve strip.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL THAT:
1. Improvement Project 01-26, known as Dorland Road Access Improvements is hereby
terminated.
2. The SAC and WAC charges for the 2 future lots to be accessing Dorland Road from 2310
Mailand Road are hereby waived.
3. The Finance Director is hereby authorized to transfer funds from the Sewer Utility Fund to
cover all project expenses from Project 01-26 and the SAC and WAC charges.
4. Outlot B within the Highwood Oaks Estates Plat is hereby conveyed to the property owner at
2310 Mailand Road subject to receipt of a waiver from the developer that "fair
compensation" has been received for the utility and road improvements.
Seconded by Councilmember Collins Ayes-All
5. Phosphorus Free Fertilizer Ordinance Amendment (First Reading)
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
Councihnember Collins moved to apyrove the first reading of the followingphosphorus
ordinance. Councilmember Juenemann and Wasiluk will work with staff and bring back a
revised ordinance to the July 22, 2002 Council Meeting
ORDINANCE N0.828
AN ORDINANCE AMENDING THE MAPLEWOOD CITY CODE
LICENSING COMMERCIAL LAWN FERTILIZER APPLICATORS
AND REGULATING THE USE OF FERTILIZER
THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS:
SECTION 1. City of Maplewood Code is amended by adding Chapter 17.7 to provide:
COMMERCIAL FERTILIZER APPLICATION
17-7-1: STATEMENT OF PURPOSE: The City has conducted studies and reviewed existing
City Council Meeting 07-08-02 20
data and literature to determine the current and prof ected water quality of various lakes, ponds,
and wetlands within the community. Water quality maybe improved if the amount of
phosphorus from fertilizer and vegetative sources entering water bodies through the storm
drainage system as well as overland runoff is reduced. The purpose of this section is to maintain
and promote the improvement of lake, pond and wetland resources that the residents of
Maplewood and other users enjoy.
17-7-2: DEFINITIONS: For purposes of this section, the following terms shall be defined as
stated:
COMMERCIAL APPLICATOR: A person who is engaged in the business of applying fertilizer
for hire.
FERTILIZER: A substance containing one or more recognized plant nutrients that is used for its
plant nutrient content and designed for use of or claimed to have value in promoting plant
growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl,
lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of
Agriculture.
17-7-3: LICENSE REQl]Il2ED: No commercial applicator shall apply fertilizer without first
obtaining a license from the City as provided herein.
17-7-4: LICENSE APPLICATION: All applications for a license required under this section
shall be made on a form furnished by the City and submitted to the City, together with the
licensing fee established by the City Council.
17-7-5: CONDITIONS OF LICENSE: The licensee shall comply with the following
requirements:
a. Random Sampling: During the term of the license, the licensee shall permit the City to obtain a
sample of any fertilizer to be applied within the City.
b. Possession of License: The license, or a copy thereof, shall be in the possession of the licensee
or its employees or agents when they are applying fertilizer in the City.
c. Timing of Application: No fertilizer application shall be made when the ground is frozen and
not between November 15 through April 1 of the succeeding year.
d. Impervious Surfaces: The licensee, or any employee or agent thereof, shall not apply, spill, or
otherwise deposit fertilizer on impervious surfaces. Any fertilizer applied, spilled, or deposited,
either intentionally or accidentally, on impervious surfaces shall be immediately and completely
removed by the licensee before leaving the site.
e. Buffer Zones: No fertilizer shall be applied within established buffer zones as outlined in the
City Wetland Ordinance 9-196, or within 25 feet of the edge of any wetland, pond, or lake.
f Fertilizer Content and Application Rate: No fertilizer shall be applied to turf in the City that
contains any amount of phosphorus or other compounds containing phosphorus, such as
phosphate. The provisions of this paragraph about fertilizer content shall not apply to:
City Council Meeting 07-08-02 21
1. Newly established turf areas for the turf's first growing season; or
2. In turf areas that soil tests confirm are below phosphorus levels established by the
University of Minnesota Extension Service. The lawn fertilizer application shall not
contain an amount of phosphorus exceeding the amount of phosphorus and the
appropriate application rate recommended in the soil test evaluation.
3. Record keeping: The licensee shall be responsible for maintaining a record of the pounds
of phosphate, expressed as P205 per 1,000 square feet of land, applied to each site by the
licensee during the year, and a record of the soil test confirming the need for phosphorus.
17-7-6: RESPONSIBILITY OF LICENSEE: The conduct of agents or employees of a licensee,
while engaged in the performance of their duties for the licensee under the license, shall be
deemed the conduct of the licensee.
17-7-7: NON-COMPLIANCE: Failure to comply with any requirement set forth in the Chapter
shall constitute sufficient cause for the revocation of the license by the City Council following a
public hearing.
17-7-8: DURATION AND TRANSFERABILITY OF LICENSE: The license issued hereunder
is effective for the period of January 1 to the following December 31 and must be renewed
annually by the licensee. The city shall not prorate any license fee. A license issued hereunder i~
not transferable and any change in ownership of the licensed business shall terminate the license.
17-7-9: REVIEW: If statutory provisions are adopted subsequent to the adoption of this Chapter
that address phosphorus levels in fertilizer, the City Council shall review this Chapter for
possible revisions or repeal.
17-7-10: ENFORCEMENT: For the first twelve (12) months following the effective date of this
Chapter no penalty shall attach to a violation. Thereafter, a violation shall be a misdemeanor
punishable in accordance with law.
SECTION 2: Maplewood City Code is amended by adding Division 5, Chapters 9-200 to 9-205
to provide:
DIVISION 5
LAWN FERTILIZER
9-200: STATEMENT OF PURPOSE: The City has conducted studies and reviewed existing
data and literature to determined the current and projected water quality of various lakes, ponds,
and wetlands within the community. Water quality maybe improved if the amount of
phosphorus from fertilizer and vegetative sources entering water bodies through the storm
drainage system as well as overland runoff is reduced. The purpose of this section is to maintain
and promote the improvement of lake, pond and wetland resources that the residents of
Maplewood and other users enjoy.
9-201: DEFIDIITIONS: For purposes of this section, the following terms shall be defined as
stated:
City Council Meeting 07-OS-02 22
FERTILIZER: A substance containing one or more recognized plant nutrients that is used for its
plant nutrient content and designed for use of or claimed to have value in promoting plant
growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl,
lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of
Agriculture.
9-202: RESTRICTIONS ON APPLICATION AND USE: The application and use of lawn
fertilizer is subject to the following restrictions:
a. Timing of Application: No fertilizer application shall be made when the ground is frozen
and not between November 15 through April 1 of the succeeding year.
b. Impervious Surfaces: Fertilizer shall not be applied, spilled, or otherwise deposited on
impervious surfaces. Any fertilizer applied, spilled, or deposited, either intentionally or
accidentally, on impervious surfaces shall be immediately and completely removed.
c. Buffer Zones: No fertilizer shall be applied within established buffer zones as outlined in
the City Wetland Ordinance 9-196, or within 25 feet of the edge of any wetland, pond, or
lake.
d. Fertilizer Content and Application Rate: No fertilizer shall be applied to turf within the
City that contains any amount of phosphorus or other compounds containing phosphorus,
such as phosphate. The provisions of this paragraph regarding fertilizer content shall not
apply to:
1.Newly established turf areas for the turf's first growing season; or
2.On turf areas which soil tests confirm area below phosphorus levels established by the
University of Minnesota Extension Service. The lawn fertilizer application shall not
contain an amount of phosphorus exceeding the amount of phosphorus and the
appropriate application rate recommended in the soil test evaluation.
9-203: NOTICE REQUIREMENT: Retail businesses in Maplewood selling fertilizer shall post a
notice in a conspicuous location near the fertilizer notifying customers of the limitation on the
use of fertilizer containing phosphorus in Maplewood as outlined in this Chapter.
9-204: REVIEW: ff statutory provisions are adopted subsequent to the adoption of this Chapter
that address phosphorus levels in fertilizer, the City Council shall review this Chapter for
possible revisions or repeal.
9-205: VIOLATIONS: For the first twelve (12) months following the effecfive date of this
Chapter no penalty shall attach to its violation. Thereafter, a person violating any provision of
this Chapter shall be guilty of a petty misdemeanor and upon conviction shall be subject to the
penalties imposed by Minnesota Statutes for petty misdemeanor offenses.
SECTION 3: This ordinance shall go into effect six months after the City Council passes it.
Seconded by Councilmember Koppen Ayes-All
City Council Meeting 07-08-02 23
6. Fireworks Ordinance (First Reading)
a. City Manager Fursman presented the staff report.
b. Fire Chief presented specifics from the report.
Councilmember Koppen moved to approve the first reading of the followin>r fireworks
ordinance:
ORDINANCE NO. 829
AN ORDINANCE REGULATING THE SALE, USE AND POSSESSION OF
FIREWORKS WITHIN THE CITY OF MAPLEWOOD.
Section 1. Purpose.
It is the purpose of this ordinance to govern the possession, use, sale, storage, exportation and display
of fireworks in the City of Maplewood.
Section 2. Defmitions.
"Fire Chief' is the Chief of the Maplewood Fire Department.
"Display Distributor" means any person, firm or corporation selling special fireworks.
"Distributor" means any person, firm or corporation selling fireworks to wholesalers and retailers
for resale.
"Law Enforcement Officers or Code Enforcement Officers" are individuals authorized to enforce
the laws or ordinances of the City of Maplewood.
"Legal Fireworks" means wire or wood sparklers of not more than 100 grams of mixture per item,
other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical
mixture per tube or a total of 200 grams or less for multiple tubes, snakes and glow worms, smoke
devices, or trick noisemakers which include paper streamers, partypoppers, string poppers, snappers,
and drop pops, each consisting of not more thantwenty-five hundreths grains of explosive mixture.
"Manufacturer" means any person, firm, corporation or partnership engaged in the manufacture of
fireworks.
"Retailer" means any person, firm, corporation or partnership purchasing fireworks for resale to
consumers.
Section 3. Legal Fireworks
City Council Meeting 07-08-02 24
Subd. 1. Legal fireworks for sale to the general public as that term is used in the Maplewood
Fireworks Ordinance shall be understood to mean fireworks legal for sale and use in Minnesota under the
provisions of Minnesota Statute Section 624.20.
Subd. 2. No individual, firm, partnership, corporation or association shall possess for retail sale
in the City of Maplewood, sell or offer for sale at retail or use or possess any fireworks other than legal
fireworks.
Section 4. Permit Required
Subd. 1. No person may sell, hold for sale, import, distribute or offer for sale, as speciality
retailer, or retailer any fireworks in the City of Maplewood unless such person has first obtained the
appropriate permit.
Subd. 2. The Fire Chief, Law Enforcement Officer and Code Enforcement Officer shall enforce
the Maplewood Fireworks Ordinance. All permit applications shall be submitted to the office of the City
Clerk. All retailers shall be required to purchase a retail fireworks permit for each retail location.
Subd. 3. Application. The application for apermit under the Maplewood Fireworks Ordinance
shall contain the following information: name, address, and telephone number of the applicant, the address
of the location where the legal fireworks will be sold, the type of legal fireworks to be sold, the estimate of
quantity of legal fireworks and a letter from the property owner granting permission to the applicant for use
of said property.
Subd. 4. An applicant for a permit under the Maplewood Fireworks Ordinance shall payto the
City of Maplewood the following fees, which shall not be refundable, per location;
Retailer Permit .........................$100.00
Subd. 5. Following an inspection of the location where the legal fireworks are to be sold, the
City Council shall issue a retailer permit if the conditions for permit approval are satisfied and the location of
the property is zoned either commercial or industrial.
Subd. 6. No retail permit shall be issued for any period of time in excess of one year, and any
permit maybe revoked by the City Council when it shall appear that the permittee has violated any of the
provisions of this Ordinance or has engaged in activities contradictory to the best interest of the citizens of
the City. The permit issued shall be non-transferable either to different persons or location.
Section 5. Retail Sales or Storage of Fireworks: Regulated Activities
Subd. 1. The sale of legal fireworks only shall occur wholly within permanent buildings and
permanent structures, as defined by the Nafional Building Code, which shall have been deemed safe and
proper by the appropriate code official(s). It shall be unlawful to sell fireworks within temporary facilities,
motor vehicles, tents or air-supported structures. No fireworks may be sold at retail without a retail permit.
The permit shall posted be at each location where the retail sale takes place and a list of all legal fireworks
sold at the location shall be available upon request.
City Council Meeting 07-08-02 25
Subd. 2. Buildings and permanent structures with approved sprinkler systems are limited to the
sale and storage of a total of one hundred (100) pounds net weight or four hundred (400) pounds gross
weight of legal fireworks. Buildings and permanent structures without approved automatic sprinkler systems
are limited to the sale and storage of a total of fifty (50) pounds net weight or two hundred (200) pounds
gross weight of legal fireworks.
Subd. 3. At all places where fireworks are stored, sold or displayed, the works "NO
SMOKING" shall be posted in letters at least four inches in height. Smoking and/or any discharge of any
object that could cause a spark or open flame is prohibited within one-hundred (100) feet of any fireworks
stock.
Subd. 4. No fireworks shall be stored, kept, sold or discharged within fifty feet of any gasoline
pump or gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in
excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only.
Subd. 5. All fireworks permittees shall keep and maintain upon the premises a fire extinguisher
bearing an Underwriters Laboratories, Inc. rated capacity of at least 5 pound ABC per five hundred square
feet of space used for fireworks sales or storage.
Subd. 6. A sales clerk who is at least sixteen years of age shall be on duty to serve consumers
at the time of purchase or delivery. Every sales clerk shall distribute with each sale a one page information
sheet from the City containing firework safety guidelines. It shall be the responsibility and expense of the
permittee to obtain a copy of the information sheet from the City and make the appropriate number of copies
for distribution. All fireworks sold and shipped to consumers within the City shall be sold and shipped only
by an individual firm, partnership or corporation holding the proper permit.
Subd. 7. Any fireworks devices that are readily accessible to handling by consumers or
purchasers in a retail sales location shall have their exposed fuses protected in a manner to protect against
accidental ignition of an item by a spark, cigarette ash or other ignifion source. If the fuse is a thread-
wrappedsafetyfuse which has been coated with a nonflammable coating, only the outside end of the safety
fuse shall be covered. If the fuse is not a safety fuse, then the entire fuse shall be covered.
Section 6. Exportation of Fireworks from the City of Maplewood
Subd. 1 Nothing in the Maplewood Fireworks Ordinance shall prohibit wholesalers,
distributors, importers, speciality retailers, or manufacturers from storing, selling, shipping or otherwise
transporting fireworks by the United States Department ofTransportation to anyperson or entity outside the
City.
Section 7. Display and Discharge of Fireworks
Subd. L Nothing in the Maplewood Fireworks Ordinance shall prohibit the public display of
fireworks except that any individual, association, partnership, corporation, or organization shall secure a
written permit from the office of the Fire Chief and the fireworks shall be purchased from a distributor or
display distributor licensed by the State Fire Marshal and the Bureau of Alcohol, Tobacco and Firearms at
the United States Department of the Treasury.
Subd. 2. All use, display, or discharge of legal fireworks is strictly prohibited in the area on,
below, above, within, or in close proximity to:
City Council Meeting 07-08-02 26
1. recreational areas, roadways, streets, highways, bicycle lanes, pedestrian paths, sidewalks,
rights of way, lakes, rivers, waterways and all other property owned or leased by the City of
Maplewood, County of Ramsey, State of Minnesota and located in whole or in part within
the City limits;
2. private property within the City limits that has conspicuously posted written signs or notices
that no fireworks discharge is allowed;
3. within one hundred fifty (150) feet of any consumer fireworks retail sales facility or storage
area;
4. within, into or at a motor vehicle or from a motor vehicle;
5. at or near any persons or animals;
6. any property, area or structure or material that by its physical condition or the physical
conditions in which it is set would constitute a fire or personal safety hazard; and
upon order of the Fire Chief in the event of dry conditions within the City limits.
Section 8. Penalty: Criminal
Subd. 1. Any individual, firm, partnership or corporation that violates any provision of the
Maplewood Fireworks Ordinance is guilty of a misdemeanor and upon conviction shall be punished by a
sentence of not more than ninety (90) days or a fine not more than one thousand (1,000) dollars, or both, may
be imposed.
Section 9. Penalty: Civil
Subd. 1. If an individual, firm, corporation or partnership is found guilty ofviolating any ofthe
provisions ofthe Maplewood Fireworks Ordinance, that entity's permit shall be revoked or suspended by the
City Council.
Subd. 2. No individual, firm, corporation or partnership shall possess any fireworks for sale
within the City, other than those authorized in the Maplewood Fireworks Ordinance. The Fire Chief, Law
Enforcement Officer, Code Enforcement Officer, Deputies or designees may at reasonable hours enter and
inspect the permittee's premises, building or permanent structure to determine compliance with the
Maplewood Fireworks Ordinance. If any retailer has in its possession any fireworks in violation of this
Ordinance, his or her permit shall be revoked and all such fireworks seized, and the fireworks in violation of
the Ordinance shall be kept to be used as evidence. If any person has in his or her possession any fireworks
in violation of the Ordinance, a warrant may be issued for the seizure of fireworks and the fireworks shall be
safely kept to be used as evidence. Upon conviction of the offender, the fireworks shall be destroyed, but if
the offender is discharged, the legal fireworks shall be returned to the person in whose possession theywere
found; provided, however, that nothing in the Maplewood Fireworks Ordinance applies to the transportation
of fireworks by regulated carriers.
Subd. 3. Nothing in the Maplewood Fireworks Ordinance shall apply to or prohibit any
employees of the Department of Natural Resources or the United States Fish and Wildlife Services from
City Council Meefing 07-08-02 27
possessing fireworks for control of game birds and animals or to prohibit any Law Enforcement Officer from
possessing fireworks in the performance of his or her duties or to prohibit any organization therein from
sponsoring and conducting with connection with any public celebration, an officially supervised and
controlled fireworks display.
Section 10. Severability
Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any
court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or of any
part thereof, other than the part held to be invalid.
Section 12. Effective Date.
This ordinance shall take effect upon its passage and publicafion.
Seconded by Councilmember Collins Ayes-All
7. Sweden Trip Report
a. City Manager Fursman presented specifics of the report.
Councilnember Juenemann moved to approve the reUOrt from Mr. Fursman.
Seconded by Councilmember Collins Ayes-All
8. Maplewood Staff Census
a. City Manager Fursman presented specifics of the report.
No action was requested.
9. Duc's Restaurant-705 Century Avenue North-3.2 Malt Liquor License
a. City Manager Fursman presented the staff report.
b. City Clerk presented specifics from the report.
Councilmember Wasiluk moved to approve the 3.2 Malt Liquor License for Duc's Restaurant at
705 Century Avenue.
Seconded by Councilmember Koppen Ayes-Mayor Cardinal,
Councilmembers Koppen, Wasiluk
and Juenemann
Nays-Councilnember Collins
10. Vietnam Restaurant-3035 White Bear Avenue-3.2 Malt Liquor License
a. City Manager Fursman presented the staff report.
b. City Clerk presented specifics from the report.
City Council Meeting 07-08-02 28
Councilmember Wasiluk moved to approve the 3.2 Malt Liquor License Vietnam Restaurant-
3035 White Bear Avenue.
L.
M.
Seconded by Councilmember Koppen
VISITOR PRESENTATIONS
Ayes-Mayor Cardinal,
Councihnembers Koppen, Wasiluk
and Juenemann
Nays-Councilmember Collins
1. Dick Sepalla-2462 Forrest Street-Mr. Sepalla would like information on how much the
Mike McGuire settlement ended up costing the city. He was also concerned about a
Maplewood resident who sued the city and has recently applied for a vacancy on a
Maplewood Commission stating that he felt it would be inappropriate for Council to
appoint someone who has sued the city. Mr. Sepalla also wanted to know why a fire
truck has been called to a pond off of Edgerton several times throughout the year.
COUNCIL PRESENTATIONS
1. National Night Out-Councilmember Juenemann reminded citizens that National Night
Out, August 6, is going back into the neighborhoods and encouraged Neighborhoods to
participate in having block parties.
2. Police Chief-Councilmember Juenemann announced Police Chief Winger's retirement.
August 30, 2002 will be the chiefs last day.
3. Affordable Housing-Mayor Cardinal addressed the shortage of affordable housing
nationwide.
4. School District 622-Mayor Cardinal noted two schools are closing in Maplewood and the
importance of those schools cannot be overemphasized. The lack of public response has
been staggering. Mayor Cardinal read the following statistics into the record:
School District 622
Written Survev and Cornrnunity Meetine Results
115 Written Responses-38,000 Surveys Mailed
75 Attended 2 High School Communiy Metings
108 Attended 16 Commuity Focus Groups
298
Participants-Focus Groups
26 Students K-12 1 Retiree
34 K-12 Parents 2 Senior Citizens
- 9Non-Public Parents 2 Elected Officials
9 ECFE Parents 4 Business Persons
14 Staff Members 4 Volunteer Group Leaders
3 Hmong Parents 108
City CouncIl Meeting 07-08-02
29
Maior Concerns
Communications-Class Size-Busing Fees-Safety
Age Analysis Registered Voters November 2001
AGE 18-24 25-35 36-50 51-60 61++ TOTAL
REG. 3,379 7,243 15,310 7,196 9,564 42,692
VOTERS 7.91% 16.97% 35.86% 16.86% 22.40%
VOTED 334 1,064 4,863 2,469 3,818 12,548
2.66% 8.48% 38.76% 19.68% 30.43%
4. White Bear Avenue Parade/Ramsey County Fair- Mayor Cardinal noted that the coronation is
Friday night, 7uly 12, 2002 at the Redeeming Love Church at 2425 White Bear Avenue and
encouraged residents to attend.
5. NEST-Councilmember Koppen would like to see the NEST video played prior to the council
broadcasts. Staff will work with GTN.
6. Attorney-Councihnember Koppen asked City Attorney Kelly what the timeline is for
Mayor/Council disclosure.
N. ADMINISTRATIVE PRESENTATIONS
1. A Special Meeting is scheduled for July 18, 2002 at 5:00 p.m. for Improvement Bond
Bids
2. A City Tour is scheduled for July 29, 2002 at 5:30 p.m.
O. ADJOURNMENT
Mayor Cardinal moved to adjourn the meetine at 11:47 p.m•
Seconded by Councihnember Juenemann Ayes -All
City Council Meeting 07-08-02 30