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HomeMy WebLinkAbout01.11.88 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, January 11, 1988 Council Chambers, Municipal Building Meeting No. 88 - 1 A. CALL TO ORDER Councilmember Bastian moved to appoint Councilmember Norman Anderson as Chairperson in the absence of the Mayor. Seconded by Councilmember Juker. Ayes - all. A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:02 P.M. by Chairperson Anderson. B. ROLL CALL Norman G. Anderson, Chairperson Present John C. Greavu, Mayor Absent Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 87-22 (October 15, 1987) Councilmember Bastian moved that the Minutes of Aleeting No. 87-22 (October 15 1987) be approved as submitted. Seconded by Councilmember Juker. Ayes.- all. 2. Meeting - December 21, 1987 Councilmember Juker moved that the Minutes of Meeting of December 21, 1987, be approved as submitted. Seconded by Councilmember Bastian. Ayes - all. EA-1. OATH OF OFFICE Gary W. Bastian and George F. Rossbach, Councilmembers elect, received their re- spective oaths of office from City Clerk Lucille Aurelius and were seated. EA-2. APPOINTMENT OF ACTING MAYOR Councilmember Bastian moved to appoint Councilmember Anderson as Acting Mayor for 1988. Seconded by Councilmember Juker. Ayes - Councilmembers Bastian, Juker and Rossbach. Councilmember Anderson abstained. 1/11 E. CONSENT AGENDA Council removed Consent Agenda Items 8, 9, and 12 to become Items I-11, 12 and 13. Councilmember Bastian moved, seconded by Councilmember Juker Ayes - all to approve the Consent Agenda, Items 1 thru 7, 10 11 and 13 through 16 as submitted 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses Check register dated January O5, 1988 - $82,981.63: Part II, Payroll for pay period ending 12-18-87 - $142,476.15) as recommended. 2. 1987 Budget Change - Tax Increment Fund Approved a 1987 appropriation of $4500 in the Tax Increment Capital Project Fund to cover legal costs incurred by Briggs and Piorgan for legal work on the last tax increment project. 3. 1988 Budget Change - Domestic Intervention Grant Approved a $33,400 increase in the estimated revenues in the 1988 Budget for the General Fund for the Domestic Intervention Grant. 4. Computer Maintenance Agreement Council authorized the appropriate City Officials to execute an agreement for computer maintenance for the nine IBM personal computer clones. 5. Park Acquisition Charge for Neighborhood Parks Resolution No. 88 - 1 - 1 WHEREAS, Maplewood Code Sec. 21-46 recognizes the need for neighborhood parks, establishes standards and improvement guidelines for such and provides methods of acquisition and development, and WHEREAS, Sec. 21-56 (a) states that the City Council at its first regular meeting of each calendar year shall act to adopt by resolution the average acre acquisition cost and the average acre development cost for neighborhood parks throughout the City, and WHEREAS, the intention of the Ordinance is to provide for future quality of life through the acquisition and development of park-open space, and WHEREAS, the costs of acquisition of property and the development of parks has continued to increase, THEREFORE, the Park and Recreation Commission recommends that effective January 12, 1988, the City Council establish the average acre acquisition cost at $4,200, and continues the development cost at $7,500 per acre, with the City financing 509 of the development costs. 6. Listing Contract for Former City Hall Building Approved that the listing agreement with Edina Realty for the sale of the old City Hall be extended to July 15, 1988. - 2 - 1/11 7. Purchase of Filing Cabinets Approved the purchase of lateral files at a cost of $553.00 for the Police Department. 8. Purchase of Police Vehicles Discussed as Item I-11. 9. Conditional Use Permit Renewal: 2580 Clarence Street (Cozier) Discussed as Item I-12. 10. Conditional Use Permit Renewals: 2251 E. Larpenteur (Ribs Plus) Approved the renewal of the conditional use permit for five years for Ribs Plus at 2251 Larpenteur Avenue, subject to the original conditions of approval. 11. Budget Increase: Consulting Inspectors Approved to increase Account 4480-73 in the 1987 Budget by $26,300, with surplus revenues from the nonbusiness license and permits account to compensate the deficit. 12. Donation of AVM Voting Machines to Science Museum. Discussed as Item I-13. 13. Easement Agreement - District 8 Water Tower Project 86-15 ' Approved the easement agreement to acquire the water tower.site in District 8. The site is adjacent to proposed Sterling Street north of Linwood Avenue. It is consistent with the site previously approved by the City Council. 14. Acceptance of Developer's Project, Project 86-13 RESOLUTION N0, 88 - 1 - 2 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore entered into a contract for public improvements for City Project 86-13 described as Cave's Sterling Street Addition, 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 the utilities are hereby accepted as part of the distribution systems. 15. Acceptance of Developer's Project: Project 86-09 RESOLUTION N0. 88 - 1 - 3 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore entered into a contract for public improvements for City Project 86-09 described as Huntington Hills First Addition, and - 3 - 1/11 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 the utilities are hereby accepted as part of the distribution systems. 16. City Project 86-15D Change Order Number One RESOLUTION N0. 88 - 1 - 4 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 86-15D and has let a construction con- tract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 86-15 Change Order One. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the proper City Officials are hereby authorized and directed to modify the existing contract by executing said Change Order One. D. APPROVAL OF AGENDA Councilmember Juker moved to approve the agenda as amended: 1. Hydrant Fees 2. Senior Citizen Water Rates 3. Tax Exempt Bonding 4. Local Government Aid 5. Council Presentations 6. Ordinances - Staff recommendations 7. Moratorium - Home Occupation 8. Add Item I-9, D-8 RCLLG Appointment. 9. Add Item I-9, D-9 MLC Seconded by Councilmember Bastian. Ayes - all. F. PUBLIC HEARINGS None. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Cottages of Maplewood a. Setback Variance to South Lot Line b. Unit/Building Variance - 4 - 1/11 1. Associate Planner Randy Johnson presented the Staff report. 2. Director of Public Safety Ken Collins presented his department's views regarding police and fire services to this complex. 3. Mr. John Bossard, Cottages of Maplewood, spoke on behalf of the proposal. 4. Councilmember Rossbach introduced the following resolution and moved its adoption• 88-1 -5 WHEREAS, Arkell Devleopment Corporation initiated a conditional use permit for the Cottages of Maplewood planned unit development at the following-described property: The south 662,87 feet of North 1325.74 feet of East 263.63 feet of Northwest 1/4 of Northeast 1/4 of Section 2, Town 29, Range 22, and: The west 263.63 feet of East 527.26 feet of North 1321.30 feet of Norhtwest 1/4 of Northeast 1/4 of Section 2, Town 29, Range 22, and; The East 20 feet of the following parcel, the East 263.634 feet of the West 790.902 feet of the North 1265.7 feet of the NE 1/4 in Section 2, Township 29, Range 22, and; The east 20 feet of the following described parcel, the south 55.6 feet of the North 1321.3 feet of the East 263.634 feet of the west 790.902 feet of the NE 1/4 in Section 2, Township 29, Range 22. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditonal use permit was reviewed by the Maplewood Housing and Redevelopment Authority (HRA) on October 6, 1987. The HRA recommended to the City Council that said permit be approved. 2. The site plan and building elevations for the proposed develop- ment were reviewed by the Community Design Review Board (CDRB) on November 24, 1987, The CDRB recommended to the City Council that said permit be approved. - 5 - 1/11 3. This conditional use permit was reviewed by the Maplewood Planning Commission on November 16, 1987. The Planning .Commission recommended to the City Council that said permit - be approved. 4. -The Maplewood City council held a public hearing on December 14, 1987. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an oppor- tunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described conditional use permit be approved for the Cottages of Maplewood planned unit development, subject to the following conditions: A. This development shall not be converted to nonseniors housing without revision of the planned unit development. For purposes of this permit, seniors housing is defined as a residence occupied by persons that are 60 years of age or older. B. Trailers and vehicles that are not required for day-to-day trans- . portation needs shall not be parked on-site, unless the City de- termines that there are excess parking spaces available. C. If Council determines that there is insufficient on-site parking after one year of 95~ occupancy, additional parking may be re- quired. D. Adherence to the site plan printed on December 18, 1987, and the floor plans date-stamped September 29, 1987, with the changes required by the Community Design Review Board. Future changes may be approved by the Community Design Review Board. E. An on-site storm shelter shall be provided in as central location as possible. F. An 809 opaque screen with berming shall be constructed:. along the south lot line. An opportunity shall be provided for neighborhood input as to fencing or plantings. Approval is on the basis of the ~tillowing 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 detri- mental 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. - 6 - 1/11 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 prop- erties. 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. Approval includes a 7-foot setback variance from the south lot line, a 13-1/2 foot setback variance from the west lot line for a driveway, and a variance to allow more than eight units in each structure. Approval of the variance is on the basis that: 1. Senior housing creates less traffic noise than a conventional multiple-dwelling project. 2. The building is only one-story. 3. The setback along the west property line is not needed since: a. The adjacent use is proposed to be a parking lot for a church. b. A 20-foot setback and screening is required between the church parking lot and lot line. 4. Requiring screening along the south property line would com- pensate for the reduced setback. 5. The most common setback used by other cities is five feet. 6. Certain regulations contained in this chapter do not realisti- cally apply to the proposed development because of the unique nature of the proposed development. 7. The variance would be consistent with the purposes of this chapter. 8. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions of this chapter. - 7 - 1/11 9. The variance would not constitute a threat of a substantive nature to the property values, safety, health or general wel- fare of the owners or occupants of adjacent or nearby land, nor be detrimental to the health, safety, morals or general welfare of the people. 10. The variance is required for reasonable and practicable physical development and is not required solely on the basis of financial considerations. Seconded by Councilmember Bastian. Ayes - al L c. Tax Increment Financing 1. Mary Ippel, Briggs and Morgan, bonding consultant, presented the specifics of the proposal. 2. John Arkell, Arkell Development Corporation, spoke on behalf of the proposal. 3. Councilmember Bastian introduced the following resolution and moved its adoption: 88-1 -6 RESOLUTION CREATING HOUSING DISTRICT N0. 1-3 AND ADOPTING THE TAX INCREMENT FINANCING PLAN AND DEVELOPMENT PROGRAM RELATING THERETO WHEREAS: A. It has been proposed that the City of Maplewood create Housing District No. 1-3 (the "Tax Increment District") within Development District No. 1 and adopt a tax increment financing plan and development program with respect thereto under the provisions of Minnesota Statutes, Sections 469.174 through 469.179 and Sections 469.124 through 469.134 (collectively the "Act"); B. The council has investigated the facts and has caused to be prepared a development program and a proposed tax increment financing plan for the Tax Increment District. C. The City has performed all actions required by law to be per- formed prior to the creation of the Tax Increment District and the adoption of the proposed development program and tax increment finan- cing plan relating thereto, including, but not limited to, notifica- tion of Ramsey County and Independent School District No. 622 and Special Intermediate School District No. 916 having taxing jurisdiction over the property to be included in the Tax Increment District, a review by the City Planning Commission of the proposed Development Program for Development District No. 1, and the holding of a public hearing upon published and mailed notice as required by law. - 8 - 1/11 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood as follows: 1. Tax Increment District. There is established in the City of Maplewood within Development District No. 1 a tax increment financing district to be known as "Housing District No. 1-3." Housing District No. 1-3 shall have the initial boundaries as indicated in the tax increment financing plan relating thereto. 2. Development Program Tax Increment Financing Plan The development program and the tax increment financing plan are adopted as the development program and tax increment financing plan for the Tax Increment Financing District, and the City Council makes the following findings: a. Housing District No. 1-3 is a housing district as defined in Minnesota Statutes, Section 469.174 the specific basis for such determination being: Housing District No. 1-3 is being created to assist a housing development to be undertaken by The Arkell Development Corporation who will be developing a 60 unit senior housing complex and the units will be intended for occupancy, in part, by persons or families of low and mod- erate income, as defined in Chapter 462A, Title II of the National Housing Act of 1937, as amended. Title V of the Housing Act of 1949, as amended. b. The proposed redevelopment in the opinion of the City Council, would not occur solely through. private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary. The reasons supporting this finding are that: The Arkell Development Corporation has represented to the City that it would not undertake the senior housing development but for the use of tax increment financing. The tax increment financing proceeds and the community development block grants to be received from Ramsey County are necessary to keep the rents affordable to the senior residents of the housing complex. c. The tax increment financing plan for the Tax Increment District conforms to the general plan for development or redevelopment of the City of Maplewood as a whole. The reasons for supporting this finding are that: (1) The Tax Increment District is properly zoned; - 9 - 1/11 (2) The tax increment financing plan will generally compliment and serve to implement policies adopted in the City's comprehensive plan. d. The tax increment financing plan will afford maximum opportunity, consistent with the sound needs of the City of Maplewood as a whole, for the development or redevelop- ment of the Tax Increment District by private enterprise. The reasons supporting this finding are that: As previously stated the development activities, consisting of land acquisition and/or site improve- ments, to be financed by tax increment financing are necessary so that additional senior housing development by private enterprise can occur within Development District No. 1. The City Council has previously stated that providing senior housing is a City priority. 5. Public Purpose. The development program and the adoption of the tax increment financing plan for the Tax Increment District conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up to provide employment opportunities to improve the tax base, and to improve the general economy of the State and thereby serves a public purpose. 6. Certification. The Auditor of Ramsey County is requested to certify the original assessed value of the Tax Increment District as described in the tax increment financing plan, and to certify in each year thereafter the amount by which the original assessed value has increased or decreased in accordance with the Act; and the City Manager is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the Tax Increment Districts for which building permits have been issued during the 18 months immediately preceding the adoption of this Resolution. 7. Filing. The City Manager is further authorized and directed to file a copy of the development program and tax increment fi- nancing plan for the Tax Increment District with the Commissioner of Energy and Economic Development. 8. Administration. The administration of Development District No. 1 is assigned to the City Manager who shall from time to time be granted such powers and duties pursuant to Minnesota Statutes, Sections 469.130 and 469.131 and the City Council may deem appro- priate. 9. Notice of public hearing. The actions of City staff in causing the notice of public hearing to be published in the Maplewood Review are hereby ratified, confirmed and adopted. Seconded by Councilmember Rossbach. Ayes - all. - 10 - 1/11 Acting Mayor Anderson called a recess. Acting Mayor Anderson reconvened the meeting at 8:17 P.M. 2. Code Amendment: Material Extraction (2nd Reading - 4 Votes) a. Manager McGuire presented the Staff report. b. Mr. Tom Mogren, St. Paul Water Department, presented his department's opinions. c. The following area residents were heard: Carolyn Peterson, 1999 Jackson Jackie Benjamin, 2005 Jackson A petition signed by area resident was presented urging the Council to pass the ordinance. d. Councilmember Bastian introduced the following ordinance and moved its adoption• ORDINANCE N0. 619 MATERIAL EXTRACTION AND HAULING Sec. 36-582. Purposes and Intent. The purpose of this ordinance is to promote the health, safety .and welfare of the community and to establish reasonable uniform limitations, standards, safeguards and controls for construction activities within the City of Maplewood; and to control the effect of construction activities upon adjacent properties and other areas of this City. Construction activities included but are not limited to activity done with the use of construction machinery, such as trucks, backhoes, front end loaders, bulldozers, scrapers, dewatering equipment and compaction equipment. Sec. 36-583. Applicable to areas where removal of minerals is allowed. This article shall apply to areas operated for the production of public water supply within the City in which the removal of minerals, including sand and gravel, is a permitted or special use. The standard and requirements set by this article shall govern the issuance, renewal and termination of the material extraction per- . mit required by Section 36-585 of this article. Sec. 36-584. Definitions The following words, terms and phrases shall have the following meanings respectively ascribed to them: Dust: Air-borne particulate matter other than smoke. Extraction permit or permit: The permit required by Section 36-587 of this article. - 11 - 1/11 Material: Nonmetallic material Found in the earth including, but not limited to sand, gravel, rock and soil, which may be covered by overburden and lime material resulting from the water treatment process. Mining or extraction: the removal and processing of materials. Overburden: Those materials which lie between the surface of the earth and material deposit to be extracted. Rehabilitation: To renew land to self-sustaining long-term use which is compatible with continguous land uses, present and future., in accordance with the standards set forth 'in this article. Topsoil: That portion of the overburden which lies closest to the earth's surface and supports the growth of vegetation. Sec. 36-585. Permit required. Except as otherwise provided in this article, it shall be unlawful for any operator to engage in the extraction of materials in the City without having first obtained a written permit from the City authorizing the same in accordance with this article. Sec. 36-586. Exemptions from permit requirements; emergency exceptions. The permit requirements established by Section 36-585 of this article shall not apply to on-site emergency work necessary to preserve life or property. When emergency work is performed under this section, the operator performing it shall report the pertinent facts relating to the work to the City Manager prior to the commencement of the extraction. The City Manager shall review the facts and deter- mine whether an on-site emergency exists, and shall by written memorandum authorize commencement of the on-site emergency exception if he so determines.. An operator commencing on-site emergency work shall, within ten (10) days following the commence- ment of that activity, apply for the issuance of an extraction permit and on the issuance thereof shall be required to perform such work as determined to be reason- . ably necessary to correct any environmental impairment occasioned by such work. The City Manager may also authorize an on-site emergency exception for similar actions necessary to preserve life or property relative to a material extraction operation processing a valid permit. If action contrary to the existing permit or conditions attached thereto is necessary for safety reasons, the City Manager may, upon review of pertinent facts, authorize an emergency exception. Sec. 36-587. Applications for permits; procedures, contents of application. (a) An application for a mineral extraction permit shall be processed in accordance with the same procedures and requirements specified in Section 36-436 Et Seq., of the code relating to conditional use permits. (b) An application for a material extraction and hauling permit shall contain: 1. The name and address of the operator and owner of the land: - 12 - 1/11 2. The correct legal description of the property where the extraction is proposed to occur; 3. A certified abstract listing the names of all landowners owning property within 350 feet of the boundary of the property de- scribed above, and landowners adjacent. to proposed haul roads within one-half mile of the extraction site; 4. Specifications of the following, using appropriate maps, photo- graphs and surveys: a. The physical relationship of the proposed work area to the community and existing development. b. Site topography and natural features including location of watercourses and water bodies; c. The description and quantity of material to be excavated; d. The depth of water tables throughout the area; and 5. The purpose of the operation; 6. The estimated time required to complete the operation; 7, The plan of operation, including processing, nature of the processing and equipment, location of the plant, source of water, disposal of water and reuse of water; 8. Travel routes to and from the site; 9. The plans for drainage, wind and water erosion control, site security, sedimentation and dust control. 10. A geology report analyzing structure, soils and related geo- logical factors to determine appropriateness of the proposed operation as well as suitability of site to support subsequent use; 11. A rehabilitation plan provided for the orderly and continuing rehabilitation of all disturbed land. Such plan shall illus- trate, using appropriate photographs, maps and surveys, the following: a. The contour of land prior to excavation, after comple- tion of excavation and after completion of rehabilitation; b. Those areas of the site to be used for storage of topsoil and overburden; c. A schedule setting forth the timetable for excavation and rehabilitation of land lying within the extraction facility; - 13 - 1/11 d. The slope of all slopes after rehabilitation and description of the type and quantity of plantings where revegetation is ' to be conducted; and e. The criteria and standards to be used to achieve final rehabilitation as well as intermittent stabilization. 12. Astatement-identifying the applicant's program to insure com- pliance with the permit conditions, method of response to com- plaints and resolving conflicts that may arise as a result of complaints. Sec. 36-588. Council review and approval of overall plan; function of renewable annual permits. (a) Approval by the City Council of the plan outlined in the application for a permit under this article shall be for a period not to exceed five (5) years. An_overall plan for material extraction will be reviewed by the City Council. (b) Implementation of the overall plan shall be by means of renewable annual material extraction permits. The purpose of the renewable permit is to assure compliance with the longer-range overall plan and to retain the ability to modify existing or to attach new conditions in accord with changing character- istics of the site or its surroundings. Sec. 36-589. Termination of permit. (a) The material extraction permit may be terminated for violation of this article or any conditions of the permit. No permit may be terminated until the City Council has held a public hearing to determine whether the permit shall be terminated, at which time the operator shall be afforded an opportunity to con- test the termination. The City copncil may establish certain conditions, which if not complied with, will result in immediate suspension of operations until said public hearing to consider termination of the permit can be held. (b) It shall be unlawful to conduct mineral extraction after a permit has been terminated pursuant to this section. Sec. 36-590. Annual mineral extraction permits; renewal; conditions. (a) Request for renewal of an annual mineral extraction permit shall be made sixty (60) days prior to the expiration date. If application or renewal is not made within the required time, all operations shall be terminated, and reinstatement of the permit may be granted only upon compliance with the pro- cedures set forth in this article for an original application. (b) An extraction permit may be approved or renewed subject to compliance with conditions in addition to those set forth in this article when such condi- tions are reasonable and necessary to ensure compliance with the requirements and purpose of this article. When such conditions are established, they shall be set forth specifically in the permit. Conditions may, among other matters, limit the size, kind or character of the proposed operation, require the con- struction of structure, require the staging of extraction over a time period, require the alteration of the site design to ensure compliance with the stan- dards, require the provision of a performance bond by the operator to ensure - 14 - 1/11 compliance with these regulations in this article or other similar requirements. Sec. 36-591. Issuance of permit imposes no liability onCity and relieves the permittee of no responsibilities, etc. Neither the issuance of permit under this article, nor compliance with the conditions thereof or with the provisions of this article shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit under this article serve to impose any lia- bility on the City, its officers or employees for any injury or damage to persons or property. A permit issued pursuant to this article does not relieve the per- . mittee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance or regulation. Sec. 36-592. Fees. A schedule of fees for the examination and approval of applications for mineral extraction permits under this article and the inspection of material ex- traction operations for compliance with the conditions of this article and the permit shall be determined by resolution of the City Council, which may, from time to time, change such schedule. Prior to the approval and issuance or renewal of any material extraction permit under this article, such fees shall be paid to the City and deposited to the credit of the general fund. Sec. 36-593. Performance bond or irrevocable letter of credit. Prior to the approval and issuance of any mineral extraction permit, there shall be executed by the operator and submitted to the City Manager an agreement to con- struct such required improvements, to dedicate such property or easements, and to comply with such conditions as may have been established by the City Council. Such agreement shall be accompanied by bond with surety or condition acceptable to the City Manager in the amount of the established costs of complying with the agree- ment. The aforesaid agreement bond or letter of credit shall be provided for guaranteeing completion and compliance with the conditions set forth in the permit within the time to be approved by the City Council. The adequacy, conditions and acceptability or any bond or letter of credit hereunder shall be determined by the City Manager. Sec. 36-594. Hold harmless agreement and insurance. Any operator issued a permit under this article shall furnish the City with a "hold harmless agreement," subject to the approval of the City Attorney, and shall provide evidence of, and shall maintain in force at all times, comprehensive gen- eral liability and automobile liability insurance with limits of at least $300,000/ $600,000 bodily injury and $100,000 property damage liability with the City shown as an additional insured for this operation. Sec. 36-595. Standards - Extraction site location. Operations permitted under this article shall not be conducted within: (a) Fifty (50) feet of an existing street or highway; (b) Thirty (30) feet of the right of way of an existing public utility; (c) Fifty (50) feet of the boundary of any zone where such operations are not permitted; or - 15 - 1/11 (d) Thirty (30) feet of the boundary of an adjoining property not in mining use; or as directed by the City Council. Sec. 36-596. Same - Fencing. During operations permitted under this article, any area where collections of water are one and one-half (1-1/2) feet in depth or more, or where excavation slopes are steeper than one foot verticle to cone and one-half (1-1/2) feet hori- zontal, and any other areas where obvious danger)=to the public exists, shall be fenced when such a situation has existed or will exist for a period of five (5) working days or longer. The city Engineer shall review such fencing to assure its adequacy. He may waive this requirement or require additional measures based on his judgment and the characteristics of the particular instances. As an alter- . native, the City Engineer may require perimeter fencing of the entire extraction site. Sec. 36-597. Same - Appearance and screening at the extraction site. The following standards are required at the extraction site of any operation permitted under this article: 1. Machinery shall be kept in good repair and painted regularly; 2. Other than emergency or minor repairs, vehicle and equipment repairs shall be made off the site; 3. Abandoned machinery, inoperable equipment and rubbish shall be removed from the site regularly; 4. All structures that have not been used for a period of one year shall be removed from the site; 5. All equipment and temporary structures shall be removed and dismantled not later than one (1) month after termination of the extraction opera- tion and expiration of the permit; 6. Where practical, stockpiles of overburden and materials shall be used to screen the extraction; 7. The perimeter of the site shall be planted or otherwise screened when such is determined by the City Council to be necessary; 8. Existing tree and ground cover shall be preserved to the extent feasible, maintained and supplemented by selective cutting, transplanting of trees, shrubs, and other ground cover along all setback areas. Sec. 36-598. Same - Operations; noise; hours; explosives; dust; water pollution; topsoil preservation. The following operating standards shall be observed at the extraction site of any operation permitted under this article: 1. The maximum noise level at the perimeter of the site shall be within the limited set by the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency. - 16 - 1/11 2. Extraction and hauling operations shall be performed during only those times established by the City Council as part of this permit. 3. The use and handling of explosives shall not be allowed. 4. Operators shall utilize all practical means to reduce the amount of dust, smoke and fumes caused by the operation including but not limited to dust on public roads caused by the hauling operation. In no case shall the amount of smoke, fumes, dust or other particulate matter exceed the standards established by the Minnesota Pollution Control Agency. 5. Operators shall utilize all practical means to eliminate vibration on adjacent property from equipment operation. 6. Operators shall comply with all applicable city, county, state and federal regulations for the protection of water quality, including the Minnesota Pollution Control Agency and Federal Environmental Protection Agency regulations for the protection of water quality. No waste pro- . ducts or process residue, including untreated wash water, shall be de- posited in any lake stream or natural drainage system. 7. All topsoil shall be retained at the site until complete rehabilita- tion of the site has taken place according to the rehabilitation plan. Sec. 36-599. Same - Rehabilitation standards. The following rehabilitation standards shall apply to the extraction site of any operation permitted under this article: 1. Rehabilitation shall be a continuing operation occurring as quickly as possible after the extraction operation has moved sufficiently into another part of the extraction site. 2. All banks and slopes shall be left in accordance with the rehabilitation plan submitted with the permit application. No rehabilitation slopes shall be steeper than five (5) feet horizontal to one foot vertical; except that steeper slopes may be g~rmitted in accordance with the rehabilitation plan when said slopes are planned for approved recreational uses; for example, ski hills and sliding hills. 3. Slopes, graded areas and backfill areas shall be surfaced with at least three (3) inches of topsoil and planted with ground cover sufficient to hold the soil. Such ground cover shall be tended as necessary until it is self-sustained. 4. All water areas resulting from excavation shall be eliminated upon re- habilitation of the site. In unique instances where the City Council has reviewed proposals for water bodies at the time of approval of the overall plan and has determined that such would be appropriate as an open space or recreational amenity in subsequent reuse of the site, water bodies may be permitted. 5. No part of the rehabilitation area which is planned for utilftization for uses other than open space or agriculture shall be at an elevation lower than the minimum required for gravity connection to a sanitary or storm sewer. Seconded by Acting Mayor Anderson. Ayes - all. - 17 - 1/11 3. Code Amendment: BC(M) District - Gas Pumps (2nd Reading - 4 Votes) a. Acting Mayor Anderson moved to table this Item H-3 until the next Council meeting. Seconded by Gouncilmember Juker. Ayes - all. 4. Dege Garden Center a. Conditional Use Permit Renewal b. Initiation of Plan Amendment and Rezoning 1. Manager McGuire stated this item should be tabled until such time as the appeal process time limit is expired. 2. Gouncilmember Bastian moved to table to the 2nd meeting in February. Seconded by Gouncilmember Juker. Ayes - all. I. NEW BUSINESS 1. Conditional Use Permit Renewal: 2405 Carver (Grand) a. Associate Planner Johnson presented the Staff report. b. The applicant, Charlene Grand, spoke on behalf of the renewal. c. Gouncilmember Bastian moved renewal of the beauty shop home occupation at 2405 Carver Avenue for one year, subject to the January 12 1987 conditions of approval and subject to relocating the ground sign by May 1 1988, to be 15 feet back from the front property lines. Seconded by Acting Mayor Anderson. Ayes - all. 2. Initiation of Plan Amendment and Rezoning: 2218 Highway 61 (Hoffman Corner Oil Company). a. Manager McGuire presented the Staff report. b. Gouncilmember Bastian moved to approve the request of Hoffman Corner Oil Com- Qany to initiate a plan amendment from RM to SC and a rezoning from F to M-1 subject to paying the application fees and applying for any required variances. Seconded by Acting Mayor Anderson. Ayes - all. 3. Budget Transfer: Real Estate Journal Ad a. Manager McGuire presented the Staff report. b. Gouncilmember Rossbach moved to approve a budget transfer of $1300 from the contingency account to pay for a full-page color ad promoting Maplewood in the Minnesota Real Estate Journal. Seconded by Acting Mayor Anderson. Ayes - all. - 18 - 1/11 4. Code Amendment: Multiple Dwelling ground Signs(lst Reading) a. Manager McGuire presented the Staff report. b. Mr. Rawleigh Nelson, Concordia Arms Board of Director member, spoke on behalf of the request . c. Acting Mayor Anderson moved first z'reading of an ordinance to permit one 24 square foot wall and one 32 square .foot ground sign in residential districts. Seconded by Councilmember Bastian Ayes - all. d. Council directed Staff to review other areas for sign of signs before second reading of the proposed ordinance. 5. Change Order Three, Hillcrest Sanitary Sewer Project 86-22 a. Manager McGuire presented the Staf£ report. b. Acting Mayor Anderson introduced the following resolution and moved its adoption• 88-1-7 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 86-22 and has let a construction contract pursuant to Minnesota statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 86-22 Change Order Three. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF.MAPLEWOOD, MINNESOTA, that the proper city officials are hereby authorized and directed to modify the existing contract by executing said Change Order Three. Seconded by Councilmember Juker. Ayes - all. 6. L E L S Patrol Officers Contract a. Manager McGuire presented the staff report. b. Acting Mayor Anderson moved to approve the 1987-1988 contract with LELS for as follows: Salary 1987 - 4~ increase 1988 - 3~ increase Differential (Effective 1-1-87) Paramedics - 5~ above top patrol All other specialties - 4~ above top patrol - 19 - 1/11 Insurance 1987 - Increase $10.00 per month 1988 - Increase $10.00 per month Holidays (Effective 1-1-87) Add - Martin Luther King's Birthday Vacation (Effective 1-1-88) There were no changes in the amount of vacation that an employee can earn, however, there was a change in the method of selection as follows: Employees may select two (2) continuous vacation periods by seniority each year. The first choice shall be selected from a posting by March 1st. Such selection shall be completed by March 31st. The second choice shall be selected from a posting posted by April 1st. Such selection shall be completed by April 30th. There shall be no second choice bids until first choice bids have been completed. Employees shall bid in a timely manner. After April 30th, vacations shall be bid on a first come first served basis.. Call Back (Effective October 1, 1987) Current call-back language is that the City will pay a 2-hour minimum for each time that an employee is called back. The following has been agreed to for Paramedics only: 2-hour call-back the first time and actual time with a one-hour minimum thereafter. Court Time (Effective 1-1-88) Increase Court time from two hours to three. Stand-By Pay (Effective 1-1-88) 1/4 hour of pay shall be granted for each hour that an employee is required to stand by - this applies to Paramedics only. Seconded by Councilmember Juker. Ayes - Acting Mayor Anderson, Council- . members Juker and Rossbach Councilmember Bastian abstained. 7. Engineering Department: Authorization to Fill Position a. Manager McGuire presented the Staff report. b. Acting Mayor Anderson moved authorization to hire two full-time en ineerinQ technicians. Seconded by Councilmember Bastian. Ayes - al L Councilmember Bastian moved to waive the Rules of Procedures and discuss Item I-10 at this time. Seconded by Acting Mayor Anderson. Ayes - all. - 20 - 1/11 10, Request - James Rebeck a. Mr. Rebeck, co-owner of Laura Mae's, requested they be allowed to pay their 1988 On-Sale Liquor License in installments because of the unusual circumstances in having to pay for the 1987 license in October. b. Councilmember Bastian moved to approve the request of Mr. Rebeck to pay $100 a month until the license is paid, due to extenuating circum- stances. Seconded by Acting Mayor Anderson. Ayes - all. 8. Deputy Registrar Office: Permanent Part-Time Position a. Manager McGuire presented the Staff report. b. Councilmember Juker moved to authorize the permanent part-time position for the Deputy Registrar Office and approve a budget transfer of $8,340.00 from the General Contingency Account to the permanent part-time account. Seconded by Acting Mayor Anderson. Ayes - all. 9. Annual Designations and Appointments a. City Attorney Councilmember Bastian moved to approve the appointment of the firm of BHRnlgan and Kelly as City Attorney for 1988. Seconded by Councilmember Juker. Ayes - all. b. Prosecuting Attorney Acting Mayor Anderson moved to approve the appointment of Martin Costello as Prosecuting Attorney and that his fee be increased to $3,500 per month. Seconded by Councilmember Bastian. Ayes - all. c. NEST - By-Laws Councilmember Bastian moved to approve the Northeast Suburban Transit Com- mission By-Laws. Seconded by Acting Mayor Anderson. Ayes - all. d. Commissions and Boards 1. Planning Commission Councilmember Juker moved reappointment of Richard Barrett, Albert Goins, Bob Cardinal to the Planning Commission for 3-year terms. Seconded by Acting Mayor Anderson. Ayes - all. - 21 - 1/11 Councilmember Juker moved the reappointment of Les Axdahl as ~ Chairman of the Planning commission for 1988. Seconded by Acting Mayor Anderson. Ayes - all. Councilmember Juker moved first reading of an ordiance allowing the Planning commission to select their chairman. Seconded by Acting Mayor ,Anderson. Ayes - all. 2. Community Design Review board Councilmember Juker moved the reappointment of Donald Moe to the Community Design Review Board for a two-year term. Seconded by Acting Mayor Anderson. Ayes - all. 3. Parks and Recreation Commission Councilmember Bastian moved the reappointment of Voya Pelitich Donald Christianson to the Parks and Recreation Commission. Seconded by Councilmember Juker. Ayes - all. 4. Civil Service Commission Acting Mayor Anderson moved to reappoint Steven Gunn and Clayton Qualley to the Police Civil Service Commission. Seconded by Councilmember Bastian. Ayes - all. 5. Solid Waste Committee Acting Mayor Anderson moved to .appoint Councilmember Frances Juker and former Councilmember Charlotte Wasiluk to the Solid Waste committee. Seconded by Councilmember Bastian. Ayes - Acting Mayor Anderson, Council- members Bastian and Rossbach Councilmember Juker abstained. 6. NEST Councilmember Bastian moved to appoint Charlotte Wasiluk as a City representative and Councilmember Norman Anderson as the elected representative to the North East Suburban transit Committee. Seconded by Acting Mayor Anderson. Ayes - all. 7. Cable Commission Councilmember Bastian moved to reappoint Councilmember Anderson and Ann Fitch to the Cable Commission. Seconded. by Councilmember Juker. Ayes -all. - 22 - 1/11 _ 8. RCLLG Councilmember Bastian moved to appoint Councilmember Rossbach to the Ramsey county League of Local Government. Seconded by Acting Mayor Anderson. Ayes - all. 9. MLC Councilmember Juker moved to appoint Councilmember Bastian to the MLC. Seconded by Acting. Mayor Anderson. Ayes - all. e. Suburban Rate Authority Acting Mayor Anderson introduced the following resolution and moved its adoption• 88-1 -8 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Councilmember Frances L. Juker is hereby designated to serve as a director of the Suburban Rate Authority, and Finance Director Dan Faust is hereby designated to serve as alternate director of the Suburban Rate Authority for the Year 1988 and until their successors are appointed. Seconded by Councilmember Rossbach. Ayes - Acting Mayor Anderson, Council- members Bastian and Rossbach Nay - Councilmember Juker. f. Official Newspaper Councilmember Bastian moved to designate MAPLEWOOD REVIEW as the official newspaper of the City. Seconded by Acting Mayor Anderson. Ayes - Acting Mayor Anderson, Council- members Bastian and Rossbach Nay.- Councilmember Juker. g. Rules of Procedures Councilmember Juker moved to table this item until the meeting of January 25, 1988. Seconded by Acting Mayor Anderson. Ayes - all. 11. Purchase of Police Vehicles a. Councilmember Juker moved to approve the purchase of four marked patrol vehicles $51,200 and one Fire Marshal vehicle $11 000 - 23 - 1/11 Seconded by Councilmember Bastian. Ayes - all. < 12. Conditional Use Permit Renewal: 2580 Clarence Street (Cozier) a. Councilmember Juker moved to approve a time extension for up to 2 years for Roland Lozier's conditional use permit to operate a piano-tuning business as a home occupation at2580 Clarence Street. Seconded by Acting Mayor Anderson. Ayes - all. 13. Donation of AVM Voting Machines to Science Museum a. Councilmember Juker moved to approve the donation of four AVM Voting Machines to the Science Museut9,4 machines to the City of Centerville and to dispose of the remaining machines by further donations or disposal. Seconded by Acting Mayor Anderson. Ayes - all. J. VISITOR PRESENTATIONS None. Councilmember Juker moved to waive the Rules of Procedures and extend the meeting to complete the Agenda. Seconded by Acting Mayor Anderson. Ayes - all. K. COUNCIL PRESENTATIONS 1. Hydrant Fees a. Councilmember Rossbach questioned what hydrant fees represented, who, how and why charged. b. Staff answered his question. 2. Senior Citizen Water Bill Discount. a. Councilmember Rossbach stated he had received inquiries as to senior citizen discount on water bill. b. The Staff stated that St. Paul Water Department is in charge of billing for water, not Maplewood. 3. Tax Exempt Bonding Revenue Criteria a. Councilmember Rossbach requested the H.R.A. review the tax exempt bonding revenue criteria. 4. Local Goverment Aid a. Councilmember Bastian commented on the proposed changes in local government aid and how it is allocated. - 24 - 1/11 5. Council Presentations. a. Acting Mayor Anderson requested that if the Council discusses an item under council Presentations, it should be added to the next agenda. b. Manager McGuire stated a motion would be needed. 6. Ordinances - Staff - Rezonings a. Acting Mayor Anderson stated ordinances shouldn't be changed just to accommodate each developer that makes application for new. additions, plats, etc. He feels that if what is proposed does not meet the ordinances, an application should not be accepted. 7. Moratorium on Home Occupation ` a. Acting Mayor Anderson moved to place a "moratorium on home occupation" discussion on the next agenda. Seconded by Councilmember Juker. Ayes - Acting Mayor Anderson, Council- member Juker. Nays - Councilmembers Bastian and Rossbach Motion failed. b. Acting Mayor Anderson moved to instruct staff to review the ordinances on home occupations and apply the permit to the person not area and report back at the meeting of 1/25/88. Seconded by Councilmember Juker. Ayes - all. Acting Mayor Anderson moved to waive the Rules of Procedures and add Item K-8 St. Paul Water Department to the Agenda. Seconded by Councilmember Bastian. Ayes - all. 8. Water Department a. Acting Mayor Anderson requested the attorney to review the water depart- ment's agreements and by-laws. The Water Board was established in 1895 and are still operating with antiquated laws. L. ADMINISTRATIVE PRESENTA'T1DNS None. M. ADJOURNMENT 11:30 P.M. City Clerk - 25 - 1/11