HomeMy WebLinkAbout09.24.84MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Thursday, September 24, 1984
Council Chambers, Municipal Building
Meeting No. 84 -21
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 Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
MaryLee Maida, Councilmember Present
Michael T. Wasiluk,Councilmember Present
C. APPROVAL OF MINUTES
D.
E
1. Minutes of Meeting No. 84 -20 (September 10, 1984)
Councilmember Bastian moved that the Minutes of Meeting No. 84 -20 (September 10, 1984)
be approved as submitte .
Seconded by Councilmember Anderson.
APPROVAL OF AGENDA
Ayes - Mayor Greavu, Councilmember
Anderson, Bastian and Wasiluk.
Councilmember Maida abstained.
Councilmember Bastian moved to approve the Agenda as amended:
1. County Road B and McMenemy
2. State Code - Sprinkler Systems
3. 3M - Battle Creek Charge
4. Commissioner's Meeting
5. Variance Alternative
6. Wakefield Park
7. Bobeldyk
8. Budget
Seconded by Mayor Greavu.
CONSENT AGENDA
Ayes - all.
Councilmember Anderson moved, seconded by Councilmember Bastian, Ayes - all, to approve
the Consent Agenda Items 1 through 10 as recommended:
Accounts Payable
Approved the accounts (Part I - Fees, Services and Expenses - Check Register dated
September 14, 1984 and September 17, 1984 $491,324.76: Part II - Payroll Check dated
September 7, 1984 - $62,630:11) in the amount of $553,954.87.
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2. Budget Transfer for Temporary Help - Finance
Approved a budget transfer of $1,430 from the money originally budgeted for the purchase
of a phone system to finance the temporary accountant's wages and worker's compensation
insurance costs in the finance department.
3. Renewal of G.H.P. and E.B.P. Contracts
Approved that the existing one year contracts for employee insurance be renewed with
Group Health Plan and Employees Benefit Plan.
4. Renewal of B.C.B.S. Contract
Approved that the existing one year contract for employee insurance with Blue Cross /Blue
Shield be renewed for one year with the addition of the AWARE Program subject to the
bargaining unit's approval.
5. Appropriation from P.A.C. Fund
Approved a budget appropriation of $7,000 from the Commercial P.A.C. Fund to the Good-
rich Overlay Project.
6. Final Payment and Change Order: Project 80 -10
84 -9- 134
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project No. 80 -10, T.H. 61, Frontage Road, and has let a construction
contract, therefore, pursuant to Minnesota Statutes, Chapter 429; and
WHEREAS, said project has been certified as completed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the project is completed and final payment on the construction contract is hereby
authorized.
Resoltuion No. 84 -9 -135
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project No. 80 -10, T.H. 61 Frontage Road, and has let a construction con-
tract therefore pursuant to Minnesota Statutes, Chapter 429; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project No. 80 -10, Chage Order No. 6.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the Mayor and City Engineer are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 6.
7. Final Payment: Project 84 -6
Resolution No. 84 -9 -136
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project No. 84 -6, Bituminous Overlay Project and has let a construction
contract; and
WHEREAS, said project has been certified as completed.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that
the project is completed and final payment on the construction contract is hereby
authorized.
8. Time Extension: Tilsen's 11th Addition
Approved a six month time extension for Robert Tilsen's Maplewood Heights No. 11
planned unit development and preliminary plat.
9. Change of Manager on Liquor License - Holiday Inn
Approved Gary Lee Wink as the holder of the On Sale Intoxicating Liquor License at
the Holiday Inn, 1780 E. County Road D.
10. Change of Manager on Liquor License - Red Lobster
Approved Leonard Goodrum as Manager- License holder for the On Sale Intoxicating Liquor
License for Red Lobster.
Councilmember Bastian moved to waive the Rules of Procedures to hear J - Visitor Pre-
sentation at this time.
Seconded by Councilmember Wasiluk. Ayes - all.
J. VISITOR PRESENTATION
1. Mr. Ted DeZurick
a. Mr. Ted DeZurick stated he is building four and eight unit condominiums on
Larpenteur Avenue known as Bennington Woods. He applied for a building permit
and was told he needed a sprinkling system. The cost per building is extensive
and he requests the Council investigate the need for such requirements.
b. Council adopted an optional code regarding sprinkling system and Mr. DeZurick's
building falls in this category.
c. Councilmember Anderson instructed staff to investigate the need for such code.
Seconded by Councilmember Wasiluk. Ayes - all.
F. PUBLIC HEARINGS
1. 7:00 P.M. Plan Amendment and Conditional Use Permit (WMIN)
The hearing was cancelled, the applicant withdrew their request.
2. 7:10 P.M. - Conditional Use Permit - County Road D (Podawiltz)
' a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Maple Ridge Partnership for a conditional use permit for a 41 foot tall apart-
ment building to be located on the north side of County Road D between 1655 and
1729 East County Road D. Maplewood Code permits a maximum of 35 feet.
b. Manager Evans presented the staff report.
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c. Board Member Rossbach presented the following Community Design Review Board
recommendation:
"WHEREAS, Maple Ridge Partnership initiated a conditional use permit to
build a 41 foot tall apartment building when the maximum permissable height is
35 feet at the following described property:
That part of the W 112 of the E 1/2 of the SE 1/4 lying south of the
right of way of U.S. Highway No. 694, all in Section 34, Township 30, Range 22,
Ramsey County, Minnesota, containing approximately 5.06 acres.
WHEREAS, the procedural history of this conditional use permit is as follows:
1. This conditional use permit was initiated by Maple Ridge Partnership,
pursuant to Maplewood Code of Ordinances.
2. This conditional use permit was reviewed by the Maplewood Community
Design Review Board on August 14, 1984. The Community Design Review Board recom-
mended to the City Council that said permit be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD COMMUNITY DESIGN REVIEW
BOARD that the above described conditional use permit be approved on the basis
of the following findings of fact:
1. The use is in conformity with the City's Comprehensive Plan and with
the purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be detrimental
to the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated to be
compatible with the character of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to present
and potential surrounding land uses, due to the noises, glare, smoke, dust, odor,
fumes, water pollution, water run -off, vibration, general unsightliness, electrical
interference or other nuisances.
6. The use would generate only minimal vehicular traffic on local streets
and shall not create traffic congestion, unsafe access or parking needs that will
cause undue burden to the area properties.
7. The use would be serviced by essential public services, such as streets,
police, fire protection, utilities, schools and parks.
8. The use would not'create excessive additional requirements at public
cost for public facilities and services; and would not be detrimental to the welfare
of the City.
9. The use would preserve and incorporate the site's natural and scenic
features into the development design.
10. The use would cause minimal adverse environmental effects.
Board Member Deans seconded.
Ayes all."
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d. Mr. Mike Podawiltz, the developer, spoke on behalf of the proposal. He also
stated he agrees to the conditions recommended by the Community Design Review
Board.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Mayor Greavu introduced the following resolution and moved its adoption:
84 - 9 - 137
WHEREAS, Maple Ridge Partnership initiated a conditional use permit to build
a 41 foot tall apartment building when the maximum permissable height is 35 feet
at the following described property:
That part of the W 1/2 of the E 112 of the SE 1/4 lying south of the right
of way of U.S. Highway No. 694, all in Section 34, Township 30, Range 22,
Ramsey County, Minnesota, containing approximately 5.06 acres.
WHEREAS, the procedural history of this conditional use permit is as follows:
1. This conditional use permit was initiated by Maple Ridge Partnership,
pursuant to the Maplewood Code of Ordinances.
2. This conditional use permit was reviewed by the Maplewood Community Design
Review Board on August 14, 1984. The Community Design Review Board recommended
to the City Council that said permit be approved.
3. The Maplewood City Council held a public hearing on September 24, 1984.
Notice thereof was published and mailed pursuant to law. All persons present
at said hearing were given an opportunity to be heard and present written state-
ments. The Council also considered reports and recommendations of the City Staff
and Community Design Review Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above
described conditional use permit be approved on the basis of the following findings
of fact:
1. The use is in conformity with the City's Comprehensive Plan and with the
purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be detrimental
to the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated to be compatible
with the character'of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to present and
potential surrounding land uses, due to the noises, glare, smoke, dust, odor,
fumes, water pollution, water run off, vibration, general unsightliness, electrical
interference or other nuisances.
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6. The use would generate only minimal vehicular traffic on local streets
and shall not create traffic congestion, unsafe access or parking needs that will
cause undue burden to the area properties.
7. The use would be serviced by essential public services, such as streets,
police, fire protection, utilities, schools and parks.
8. The use would not create excessive additional requirements at public cost
for public facilities and services; and would not be detrimental to the welfare
of the City.
9. The use would preserve and incorporate the site's natural and scenic features
into the development design.
10. The use would cause minimal adverse environmental effects.
11. The six extra feet of building height is insignificant due to the freeway
location and large setbacks.
Seconded by Councilmember Bastian. Ayes - all.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Plan Amendment - Maplewood West Boulevard
a. Director of Community Development Geoff Olson presented the staff report.
b. The following persons spoke on behalf of Mr. William Korstad's development
and proposal for the roads:
Mr. James Benshaaf, Benshaaf and Associates
Mr. Perry Bolen, Bolen and Associates
Mr. Karl Grittner
Mr. William Korstad, the developer.
c. The following persons spoke on behalf of Mr. Robert Hajicek's development
and proposal for the roads:
Mr. Peter Fausch, Stegar- Roscoe, Inc.
Mr. Robert Hajicek.
d. Mr. Greg Tilsen, Homart, Inc. and Mr. Bill Knutson, Health Resources, Inc.,
expressed their views as to how each proposal would effect their development.
e. Councilmember Anderson moved to adopt the following staff recommendation for
the Maplewood West Boulevard eve opmen :
1. Adopt guidelines, based on keeping as many options open as possible, rather
than amending the plan, because:
a. The streets are basically local and do not need to be shown on the plan.
b. It would be premature to draw specific alignments on the land use plan
map, when development plans have not yet been done.
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c. Guidelines need to be adopted, however, to give direction to the developers
in this area.
The guidelines are as follows:
1) The following streets should be included in development plans for the area:
a) Maplewood West Boulevard from at least Beam Avenue to the north property
line of Mr. Korstad's property. Continuation of this street to County Road
D may be allowed by the City, provided that traffic from Mr. Hajicek's property
is reasonably distributed over Hazelwood Avenue, Maplewood West Boulevard
and a future Southlawn Drive.
b) A Southlawn Drive from Beam Avenue to County Road D. The alignment may
have to be realigned to the west to front on properties that would benefit
from the assessments.
c) An east -west street(s) connecting Hazelwood AVenue and the Maplewood Mall
ring road. There should be access to this street from the Korstad and Hajicek
properties.
2) Specific alignments will be determined at the time that development plans
are submitted to the City, except that alignments for a Maplewood West Boulevard
and an east -west street to the mall ring road are approved as follows (plan on
file in the Community Development Department):
Maplewood West Boulevard as a through street, with a curve to the east. This
curve would intersect an east -west street from the mall ring road, along the
Korstad- Hajicek - Homart property line, at a point between 320 and 500 feet
from the west line of the Homart property.
3) Change Maplewood West Boulevard to Kennard Street to be consistent with the
City's street system and to avoid confusion with Maplewood Drive (Highway 61).
Seconded by Councilmember Wasiluk. Ayes - all.
2. Code Amendment: Environmental Protection and Critical Areas Ordinance (Second
Reading)
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following ordinance and moved its adoption:
ORDINANCE NO. 571
AN ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING
TO THE ENVIRONMENTAL PROTECTION AND
CRITICAL AREA ORDINANCES
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Section 1. Chapter nine of the Code of Ordinances is amended to consolidate the
Critical Area Ordinance (Sections 36 -496 through 36 -549) with the
Environmental Protection Ordinance (Sections 9 -186 through 9 -193) as
follows:
ARTICLE IX. ENVIRONMENTAL PROTECTION AND CRITICAL AREA
DIVISION 1, GENERALLY
Section 9 -186. Purpose.
The purpose of this ordinance is to protect significant natural features, which:
(1) Preserve the natural character of neighborhoods
(2) Protect the health and safety of residents
(3) Protect water quality
(4) Prevent erosion or flooding
(5) Manage the Mississippi River Corridor Critical Area in accordance with the
Critical Areas Act of 1973, the Minnesota Policy Act of 1973 and the Gover-
nor's critical area designation order, Executive Order 130, dated November
23, 1976.
Section 9 -187. Applicability.
This ordinance shall apply to any new subdivision, development or building to be
approved by the City Council or Community Design Review Board. This ordinance
shall not apply to any use permitted on a temporary basis for a period not to
exceed two years, when such use is established without site preparation.
Section 9 -188. Definitions.
Bluffline - -a line delineating a top of a slope with direct drainage to a protected
water, connecting the points at which the slope becomes less than eighteen percent.
(More than one bluffline may be encountered proceeding landward from a protected
water.)
Critical Area - -The Mississippi River Corridor Area bounded by Carver Avenue, I-
494 and the City limits.
Crown Cover - -the ratio between the amount of land shaded by the vertical projection
of the branches and foliage area of standing trees to the total area of land,
usually expressed as a percentage.
Direct Drainage -- drainage into a protected water without an intervening pond or
wetland
Erosion - -the general process by which soils are removed by flowing surface or sub -
surface water or wind
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Gross Soil Loss - -the average annual total amount of soil material carried from
one acre of land by erosion
Lift Station - -a facility, including pumping facilities, for the lifting of sewage
or storm water runoff to a higher sewage facility or storm water runoff facility
Pipeline - -an underground line of pipe including associated pumps, valves, control
devices and other structures utilized for conveying liquids, gases, sewage or other
finely divided solids from one point to another
Protected Water -- formerly referred to as public waters, means any water defined
in Minnesota Statutes, Section 105.37, subdivision 14
Retaining Wall - -a structure utilized to hold a slope in position which it would
not naturally remain 'in
Sediment -- suspended matter carried by water, sewage or other liquids
Slope- -the inclination of the natural surface of the land from the horizontal;
commonly described as a ratio of the length to the height.
Structure -- anything manufactured, constructed or erected which is normally attached
to or positioned on land, including portable structures
Substation - -any utility structure, other than lines, pipelines, holes or towers
Terrace - -a relatively level area bordered on one or more sides by a retaining wall
Tree - -any woody plant, except a shrub, that has at least one trunk whose diameter
is four inches or greater, four feet above the ground
Utility Facility -- physical facilities of electric, telephone, telegraph, cable
television, water, sanitary and storm sewer, solid waste, gas or similar service
operations
Vegetation - -all plant growth, especially trees, shrubs, mosses or grasses
Water Body - -any lake, stream, pond, wetland or river
Wetland - -any land which is seasonably wet or flooded, including all marshes, bogs,
swamps or floodplains
Section 9 -189. Density Guarantee.
The requirement in this article shall prevent the development of property to the
maximum density allowed in the Maplewood Comprehensive Plan Update. The City Council
may require the clustering of dwellings in the form of townhouses; quads or apart-
ments or similar uses, where it is necessary to preserve natural features. Single
family homes are not precluded from consideration as part of any proposed development
under this ordinance.
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DIVISION 2, SITE PLANNING REQUIREMENTS
Section 9 -190. Site plan required
The applicant shall submit a site plan and any other information needed to determine
compliance with this ordinance. Specific requirements shall be stated on an appli-
cation form in the office of the Director of Community Development.
Section 9 -191. Site Plan approval standards.
No site plan which fails to satisfy the following standards shall be approved:
(1) General standards
a. The conduct of all grading, landscaping, structure placement, and street
routing shall be consistent with and to the maximum extent in the further -
ance of the City's Comprehensive Plan, and for development in the Mississippi
River Corridor Critical Area, the Maplewood Critical.Area Plan.
b. The proposed - development shall not lessen existing public access to and
along a protected water.
c. The proposed development shall be designed, constructed and maintained
to avoid causing:
1. Accelerated erosion
2. Pollution, contamination or siltation of water bodies or storm sewers
d. Flooding
4. Ground water contamination.
d. Development shall nto substantially diminish the scientific, historical
educational, recreational or aesthetic value of unique natural areas and
unique plant and animal species, which are registered with the State as
such, and shall not substantially alter the reproductive cycle of the
species.
e. Views of protected waters from buildings or public streets shall not be
impaired by the placement of advertising signs.
(2) Slopes
a. No development shall be permitted on existing slopes of eighteen percent
or greater which are in direct drainage to a protected water.
b. In areas not in direct drainage to a protected water, no development shall
be allowed,on existing slopes greater than forty percent..
c. No development, whether or not in direct drainage to a protected water,
shall be permitted on land having an existing slope in excess of twelve
percent, unless the applicant proves the following conditions are met:
1. Controls and protections exist uphill from the proposed development
- such that there is no danger of structures or streets being struck
by falling rock, mud, sediment from erosion, uprooted trees or other
materials.
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2. The proposed development presents no danger of falling rock, mud,
sediment from erosion, uprooted trees or other materials to structures
downhill.
3. The view of a developed slope within the Critical Area from the Mississ-
ippi River and opposite river bank is consistent with the natural appear-
ance of the undeveloped slope, consistent with any state registered
historic areas nearby, compatible with the view from historic areas,
and compatible with surrounding architectural features.
4. The City Engineer may require the developer to provide a soils engineer
to certify the stability of potentially unstable slopes.
d. The basic character of natural slopes of 25% or more in grade shall not
be altered without approval from the City Council. The Council shall base
their decision on:
1. The degree of alteration of the slope and
2. The improtance of the slope to the character of the area.
e. All new structures and roads shall be placed no closer than forty feet
feet from a bluff line. Exceptions shall be:
1. Public recreation facilities, scenic overlooks, public "observation"
platforms or public trail systems
2. The construction of above - ground pumping stations
3. Other development, when the applicant can conclusively demonstrate
that construction or final development will not negatively impact
slopes with a grade of eighteen percent or greater
4. All other structures, other than buildings and raodway surfaces, but
including retaining walls, shall meet the following design requirements:
a) Retaining walls or terrace contours in excess of three feet in
height shall have a fence.
b) Construction materials shall be subject to Community Design Review
Board approval.
f. The requirements of this section shall not apply in the following situations:
1. Where a slope has been substantially altered by prior excavation or
filling.
2. Where a slope is less than 200 feet in length (top to bottom) or 500
a feet in width (side to side).
3. Where earth sheltered homes are proposed.
Erosion control and soils:
a. All erosion control, storm water run -off, utility and similar structures
shall be designed to be maintained and operated without requiring the
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crossing or operation of heavy maintenance vehicles and equipment, such
as bulldozers, trucks and backhoes, on slopes in excess of eight percent.
This requirement may be waived by the City Council where there is no other
alternative.
b. Construction shall not be allowed where there are soil problems, including
but not limited to, soil bearing strength, shrink /swell potential or ex-
cessive frost movement, unless effective soil correction measures or build-
ing construction methods are approved by the building official.
c. Development shall be accomplished only in such a manner that on -site gross
soil loss levels shall not exceed five tons per acre per year during con-
struction, but only two tons per acre per year when the site is adjacent
to a water body, water course or storm sewer inlet and 0.5 tons per acre
per year after construction activities are completed.
d. A development shall be located to minimize the removal of vegetation and
alteration of the natural topography.
e. Erosion protection measures shall make maximum use of natural, inplace
vegetation, rather than the placing of new vegetation on the site.
(4) Wetlands
a. Wetlands and other water bodies shall not be used as primary sediment
traps during construction.
b. Filling or construction shall not be allowed in areas proposed for ponding
in the Maplewood Drainage Plan, as determined by the City Engineer.
c. Filling shall not cause the natural nutrient stripping capacity of the
wetland to fall below the nutrient production of the wetland watershed
for its projected development.
d. Fill must be free of chemical pollutants and organic wastes.
e. The property owners adjoining a wetland should be given the opportunity
for an equal apportionment of fill.
(5) Trees
a. Development shall be designed to preserve the maximum number of healthy
trees. This requirement shall not apply to diseased trees or where a
forester certifies that thinning is needed for the overall health of a
woodlot; in which case, a specific tree removal plan must be approved
by the City.
b. If trees are not cut, the density of trees shall be restored to that which
existed before development, but in no case shall the applicant be required
to raise the density above ten trees per acre, unless part of a required
planting screen. Any trees required to be planted shall be varied in
species, shall maximize the use of species native to the area, shall not
include any species under disease epidemic and shall be hardy under local
conditions. Tree diameters shall be at least two inches.
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c. The applicant shall demonstrate that all grading which takes place will
be conducted in a manner that preserves the root zone areation and stabil-
ity of existing trees and provides an adequate watering area equal to
at least one -half of each tree's crown cover.
DIVISION 3, UTILITIES AND STREETS
Section 9 -192. Utilities.
a) Underground placing of utilities shall be required, unless economic, techno-
logical or land characteristic factors make underground placement unfeasible.
Economic considerations alone shall not be the major determinant regarding
feasibility.
(b) Overhead crossings of protected waters, if required, shall meet the following
criteria:_
(1) The crossings shall be adjacent to or part of an existing utility corridor,
including bridge or overhead utility lines, whenever possible.
(2) All structures utilized shall be as compatible as practical with land
use and scenic views.
(3) Right of way clearance shall be kept to a minimum.
(4) Vegetative screening shall be utilized to the maximum extent that would
be consistent with safety requirements.
(5) Routing shall avoid unstable soils, blufflines or high ridges. The alter-
ation of the natural environment, including grading, shall be minimized.
(6) The crossings shall be subject to the site planning requirements set
forth in this ordinance.
(c) Utility substations
(1) All substations shall be subject to the site planning requirements set
forth in this ordinance.
(2) New substations or refurbishment of existing substations shall be compat-
ible in height, scale, building materials, landscaping and signing with
surrounding natural environment or land uses. Screening by natural means
is encouraged.
(d) Pipelines
(1) All proposed pipelines and underground facilities shall be subject to
the site planning requirements set forth in this ordinance.
(2) These facilities shall be located to avoid wetlands, woodlands or areas
of unstable soils.
(3) All underground placing of utilities or pipelines shall be followed by
turf establishment.
(4) All proposed pipelines shall be placed at least eight feet under a creek
bed.
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Section 9 -193. Streets.
(a) The grades of any streets shall not exceed seven percent, unless there is
no feasible alternative as determined by the City Engineer.
(b) Roads shall be constructed to minimize impacts on the natural terrain and
natural landscape.
(c) All roads shall be subject to the site planning requirements set forth in
Section 9 -191.
Section 2. Sections 36 -496 to 36 -549 (Critical Area Ordinance) of the Maplewood
Code of Ordinances are hereby rescinded.
Section 3. This ordinance shall take effect after its passage and publication.
Seconded by Councilmamber Maida.
Ayes - all.
3. Code Amendment: Driveway Setback (Second Reading)
a. Manager Evans presented the staff report.
b. Councilmember Bastian introduced the following ordinance and moved its adoption:
ORDINANCE NO. 572
AN ORDINANCE ALLOWING THE CITY COUNCIL TO APPROVE
DRIVEWAYS WITHIN THE FIVE FOOT SETBACK
THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 29 -120 is amended as follows:
Section 29 -120. Location.
Driveways shall have a setback of at least five feet from the side or rear
lot lines, except by written agreement with the owner of the adjacent lot or where
the City Council or Community Design Review Board approves a lesser setback.
In order to approve a driveway within the five foot setback, without approval
of the adjacent owner, the City shall notify the adjacent owner at least ten days
before the meeting. The Council must make a finding that the drive would have
no adverse effect on the adjacent lot or owner. The Council shall include the
following considerations in determining adverse effect:
a. Snow storage
b. Proximity of the drive to an adjacent house
c. Difference in grade elevations
d. Drainage
e. Headlight glare
f. Noise
g. Berms
Section 2. Section 29 -123 is added as follows:
Section 29 -123. Enforcement
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I
If the drive is illegally constructed within the setback, the City may require
that the portion of the driveway that is within the setback be removed.
Section 3. This ordinance shall take effect upon passage and publication.
Seconded by Councilmember Anderson. Ayes - all.
NEW BUSINESS
1. No Parking - County Road D
a. Councilmember Bastian moved to table this item until the next meeting and
instructed staff to notify the area business of the proposal.
Seconded by Councilmember Maida. Ayes - all.
2. Rezoning: County Road B and VanDyke
a. Manager Evans stated at the last meeting Council was questioned as to what
had happened to the development proposal for the northwest corner of County Road
B and VanDyke. If the developer wishes to proceed he must start with anew appl-
cation.
b. Mr. Manfred Recihert requested the Council rezone the property.
c. Councilmember Bastian moved Council initiate a hearing to rezone the
on the northwest corner of ounty Road B and VanDyke Street from R-3 an
Seconded by Councilmember Wasiluk. Ayes - all.
3. Conveyance of Tax Forfeited Land: Maple Crest Park
a. Manager Evans presented the staff report.
b. Councilmember Anderson introduced the following resolution and moved its adoption:
:'
WHEREAS, the Board of County Commissioners of Ramsey County by Resolution
dated September 17, 1984, classified as non - conservation land, certain land lying
within the limits of the City of Maplewood; and
WHEREAS, a copy of the classification resolution together with a list of the
land classified has been submitted for approval of the classification in accordance
with Minnesota Statutes Annotated, Section 282.01, sub. 1; and
WHEREAS, the City of Maplewood has determined that said land is required for
park and recreation purposes;
NOW, THEREFORE, BE IT RESOLVED, that said classification of the land shown
on said list as non - conservation land is hereby approved; and
BE IT FURTHER RESOLVED, that the proper City officials be and hereby are author -
ized to make an application for conveyance of said tax forfeited land for park
and recreation purposes; and
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BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to
file a certified copy of this resolution and application for conveyance of said
tax forfeited land in the Office of the Land Commissioner.
Seconded by Councilmember Wasiluk. Ayes - all.
4. Ordinance on Liquor License Bonds
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved first reading of an ordinance amending the for-
feiture of bond requirements for liquor licenses to allow collection of cash up
to the amount of e bond.
Seconded by Councilmember Bastian. Ayes - all.
J. VISITOR PRESENTATIONS
1. Doris Calhoun, 2205 Arkwright
a. Ms. Calhoun expressed the wishes of the neighborhood and herself regarding
the proposed development of the,property on County Road B legally described as
Lots 5 and 6, Block 36, Dawson's Suburban Acres.
b. Councilmember Bastian moved to initiate a rezoning hearing for the above men-
tioned property to R -1 based on Council's prior actions with own zoning property
Seconded by Councilmember Wasiluk. Ayes - all.
2. Jack Landsdahl, 1451 E. County Road B
a. Mr. Landsdahl presented a petition signed by area residents requesting clean
up of the vacant property east of 1451 E. County Road B.
H. UNFINISHED BUSINESS
4. City Hall
a. Manager Evans presented the staff report.
b. Councilmember Maida made the following disclosure that her husband is employed
by a mechanical engineering firm who works for several architectural firms, but
he has no ownership, no policy making decision in the firm.
b. Following a vote and discussion, Councilmember Wasiluk moved to hire the firm
of Architectural Alliance for the City Hall project.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu; Councilmembers
Anderson, Maida and Wasiluk.
Nays - Councilmember Bastian.
Council will meet with Architectural Alliance October 1, 1984 at 4:00 P.M.
5. Joint Powers Agreement - IDR Roseville
a. Manager Evans presented the staff report.
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b. Mayor Greavu moved to enter into an agreement with Roseville for $3,600,000
portion of Maplewoo s IDR allocation.
Seconded by Councilmember Maida. Ayes - all.
Councilmember Anderson moved to waive the Rules of Procedures and extend the meet-
ing past the deadline.
Seconded by Mayor Greavu. Ayes - Mayor Greavu; Councilmembers
Anderson, Bastian and Maida.
Nays - Councilmember Wasiluk.
6. Fees and Permits
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved first reading of an ordinance to increase the
planning fees and moved tha a variance ees remain as stated.
Seconded by Councilmember Wasiluk. Ayes - all.
c. Councilmember Anderson introduced the followinq resolution and moved its
84 -9- 139
BE IT RESOLVED, THAT THE City Council of Maplewood, Minnesota, established
the following fees effective January 1, 1985:
Amusement Park License $110.00
Bench Permit
First Bench 30.00
Each Additional Bench 15.00
Bingo License
For one Night /Wk. for 52 wks. 110.00
For two nights /wk. for 52 wks. 220.00
One night 10.00
Christmas Tree Sales
Regular 105.00
Non - profit organization 80.00
Cigarettes & Tobacco 30.00
Coin - Operated Amusement Devices
Per Location 110.00
Per Machine 27.00
Dog Kennels
First Time 30.00
Renewal 10.00
Gambling License 110.00
Golf Course 110.00
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ion:
Motels
1 - 15 units
45.00
16 - 35
70.00
36 - 100
110.00
- over 100
135.00
Restaurant and /or Bakery
Food Establishment
120.00
Catering Food Vehicle
First Vehicle
60.00
Each Additional
30.00
Fleet License
170.00
Itinerant Food Establishment
(Limit 7 Days)
First Day
30.00
Each Additional Day
15.00
Non - Perishable Food Vehicle
First Vehicle
30.00
Each Additional
15.00
Fleet License
75.00
Potentially Hazardous Food Vehicle
First Vehicle
85.00
Each Additional
40.00
Fleet License
250.00
Special Food Handling Establishment
40.00
Tavern License
220.00
Taxicab License
Base Charge
30.00
Each Driver
10.00
Theater License
Indoor
110.00
Outdoor
220.00
Contractor's License
60.00
3.2 Beer License
j, On -Sale
100.00*
Off -Sale
30.00*
Temporary Food & Beer
15.00 /day
LICENSES DUE JULY 1st
Used Car Dealer
220.00
LICENSES DUE AUGUST lst
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9/24
Motor Vehicle Repair
40.00
Service Station
30.00
First Pump
45.00
Each Additional Pump
6.00
Trailer Rental
15.00
First 5 Trailers
15.00
Each Additional Trailer
2.00
LIQUOR LICENSES
5.00
Club Liquor License
300.00*
On -Sale Liquor
4,285.00
Off -Sale Liquor
200.00*
Sunday Liquor
200.00*
Beer and Wine
Seating up to 25
840.00
Each Additional 10 Seats
110.00
Maximum
2,230.00
MISCELLANEOUS SERVICE CHARGES
Commercial and Industrial Revenue Note /Bonds
Base Charge N of Bond Issue) 1%
Minimum 5,000.00
Maximum 20,000.00
Amount Paid With Application 1,000.00
Liquor License Investigation Fee 335.00
Block Party License 15.00
Carnival License 110.00
Solicitor License
Base Per Company
60.00
Additional Per Solicitor
30.00
Auctioneer License
Annual
55.00
Daily
15.00
Pawn Shop
55.00
Pending Assessment Searches -
6.00
Police Accident Report Copies
5.00
Cat and Dog Licenses
Male
6.00
Female
6.00
Neutered /Spayed
3.00
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i
Building Relocation
110.00
Community Design Review Board
60.00
Sewer Connection Permit (Per Connection)
Residential Connection
30.00
Non - Residential Connection
45.00
Moving Permit
60.00
Wrecking Permit
30.00
Driveway Permit
6.00
Property Owner List
30.00 + 3.50 /name
Mobile Home Permits
35.00
PUBLICATIONS (includes sales tax)
Zoning Code
6.00
Platting Code
3.00
Sign Code
2.50
Comprehensive Plan
10.00
Zoning Map
3.50
City Map
3.50
Section Map
3.50
*License Fee set by State Law.
Seconded by Councilmember Wasiluk.
Ayes - all.
K. COUNCIL PRESENTATIONS
1. County Road B and McMenemy
Discussed under J -1
2. State Building Code - Sprinkler Systems
Discussed previously
3. D.N.R.
a. Councilmember Anderson moved to notify
DNR that they should not charge 3M
Co. for the fish that killed in Battle Creek
Lake based on the fact that
did no "stock" the lake and no costs were
incurred by them.
Seconded by Councilmember Maida.
Ayes - all.
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r 4. Commissioner's Meeting
47
a. Councilmember Anderson requested Council to give some thoughts for establish -
ing another Council /Commission meeting.
5. Variance Alternatives
a. Councilmember Bastian made several suggestions regarding the granting of var-
iances and the laws governing variances.
b. Staff is investigating.
L. ADMINISTRATIVE PRESENTATIONS
1. Wakefield Park Lease
a. Manager Evans stated the lease for Wakefield Park had been approved approximately
12 years ago, but changes had to be made and it should be signed.
b. Councilmember Bastian moved to approve the lease agreement for Wakefield Park
as submitted.
Seconded by Councilmember Maida. Ayes - all.
2. Bobeldyk
a. Manager Evans stated the County is entering into litigation against Mr.
Bobeldyk regarding his tri -plex on White Bear Avenue and inquired if Maplewood
wished to join them.
b. Councilmember Bastian moved to enter into a suit with the County against
Mr. Bobeldyk.
Seconded by Councilmember Anderson. Ayes - all.
M. ADJOURNMENT
10:35 P.M.
i y er
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