HomeMy WebLinkAbout05-05-2008 Continuation of Meeting 04-28-08MINUTES
MAPLEWOOD CITY COUNCIL
5:00 p.m., Monday, May 5, 2008
A Continuation of April 28, 2008, Council Meeting
Council Chambers, City Hall
Meeting No. 11-08
A.
B
C
D.
CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 5:05 p.m. by Mayor Longrie.
PLEDGE OF ALLEGIANCE
ROLL CALL
Diana Longrie, Mayor Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
John Nephew, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF AGENDA
The following agenda items had already taken place and the council and city staff requested the
three items be removed from this evening's agenda.
Removal of item M3. (Wood Smoke Meeting May 1, 2008)
Removal of item M8. (Upcoming Seminar on the Importance of Play for Kids)
Removal of item N1. (Reminder of Special Meeting at 7:00 p.m. on May 5, 2008, to Consider
CoPar Litigation).
Mayor Longrie moved to approve the agenda as amended.
Seconded by Councilmember Nephew. Ayes -All
The motion passed.
K. UNFINISHED BUSINESS
4. Resolution Adopting an Ordinance Pertaining to Televising of all City Commission and
Council Meetings. (Second Reading)
a. City Attorney, Alan Kantrud gave the report.
Councilperson Rossbach moved to recommend the (Second Reading) Resolution Adopting
an Ordinance Pertaining to Televising all City Commission and Council Meetings.
Because councilmembers had more questions and the public had not had the chance to
speak, the motion made by Councilmember Rossbach was not seconded.
The following people spoke regarding the issue:
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A Continuation of April 28, 2008, Council Meeting
City Council Meeting Minutes
1. Dale Trippler, 1201 Junction Avenue, Maplewood.
2. Elizabeth Sletten, 2747 Clarence Street North, Maplewood.
3. Bob Zick, 2515 White Bear Avenue, Maplewood.
4. Veronica Sletten, 2747 Clarence Street North, Maplewood.
5. David Schelling, 1955 Greenbrier Street, Maplewood.
6. Margaret Behrens, 1393 Kohlman Avenue East, Maplewood.
Councilperson Hjelle moved to table the (Second Reading) for the Resolution Adopting an
Ordinance Pertaining to Television of all City Commission and Council Meetings in order for
this Ordinance to be worked on further and be brought back to the council at a later date.
Seconded by Councilperson Nephew. Ayes -All
The motion to table passed.
5. Consider Revision Council Procedures on Order of Meetings and Starting Meetings at
6:30 p.m.
a. Acting City Manager, Public Works Director, Chuck Ahl gave the report
Mayor Longrie moved to recommend that the City Council adopt revisions to be immediately
effective with the next regular meeting of the Council on May 12, 2008, and direct the Director
of Citizen Services to make the necessary revisions to the Rules of Procedure for City Council
and Council Meetings such that all regular meetings of the City Council shall begin at 6:30
p.m., and all Workshops shall start at 5:00 p.m. as noted by the City Manager's proposed
language and the order of agenda shall be revised to be and include the notes for public
information.
A. Call to Order
B. Pledge of Allegiance
C. Roll Call
D. Approval of Agenda
E. Approval of Minutes
F. Visitor Presentations -Part I
• {Note: Visitor Presentation shall not extend past 7:00 pm; if time is not available to
complete this item; all presenters will be instructed to remain at the meeting until this
item is re-opened following Award of Bids, or return to the next Regular Meeting of
the Council.}
G. Administrative Presentations
• {Note: Items G -H shall not extend past 7:00 pm; if time is not available to complete
these items, they shall be extended by Council motion to the end of the meeting
following Visitor Presentation -Part II}
H. Council Presentations
I. Appointments and Presentations
J. Public Hearings
K. Unfinished Business
L. New Business
M. Consent Agenda
N. Award of Bids
O. Visitor Presentation - Part II
• {Note: this is a continuation of Visitor Presentations from earlier in the meeting
and is intended to make time available if the item is not completed by 7:00 pm.}
P. Adjournment
Seconded by Councilmember Nephew. Ayes -Mayor Longrie,
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Councilmembers Hjelle,
Nephew & Rossbach
Nav -Councilmember Juenemann
The motion passed.
Code Amendments -Procedures, Public Hearings, Applications and Initiation (Second
Reading)
a. Senior Planner, Tom Ekstrand gave the report.
Mayor Longrie asked Dale Trippler to come forward to give the report from the Planning
Commission.
Dale Trippler, 1201 Junction Avenue, Maplewood, Planning Commission Member gave
the Planning Commission Report.
Councilmember Juenemann moved to adopt the proposed ordinance amendments for
Section 44-1096(a), Section 44-1096(b) and Section 44-1161.
ORDINANCE NO. 887
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MAPLEWOOD CITY CODE
ABOUT PROCEDURES, PUBLIC HEARINGS AND APPLICATIONS
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This amendment changes Section 44-1096(a). (Additions are underlined and
deletions are crossed out.):
Sec. 44-1096. Procedure.
(a)After an application for a conditional use permit or a conditional use permit revision has been
submitted to the city, the city planning staff shall prepare a
report and recommendation and submit that report it to the planning commission and community
design review board, as appropriate, for their consideration and recommendation. a
' .The planning commission and community design review
board shall make a recommendation ~ on the application, as required by city ordinance
and within the time allowed by state law. '
. City staff shall forward the staff report
and planning commission's and community design review board's recommendations or actions to
the city council for their consideration within 45 days of the city receiving the complete
application, subject to any extensions as allowed by Minnesota Statute 15.99. The city council
shall only consider such applications after receiving the comments and recommendations of the
planning commission. The city council will make the final decision about all conditional use permit
applications or major revisions. The city shall
process all such applications or revisions to meet the requirements of state law 15.99,
(commonly known as the 60-day rule) as may be amended by the State of Minnesota.
Section 2. This amendment changes Section 44-1096(b). (Additions are underlined and
deletions are crossed out.):
(b)The planning commission shall hold at least one public hearing on each application for a
conditional use permit. Ci staff shall have a notice of
the hearing published in the official newspaper at least ten days before the hearing. In addition,
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City Council Meeting Minutes
city staff also shall mail a copy of the hearing notice
to each of the owners of property within 500 feet of the boundary lines of the property
upon which such use has been requested. City staff shall mail the hearing notices
to the last known address of such owners at least ten days before the date of
the hearing. Such notice shall include the date, time and place of the hearing and shall describe
the conditional use request. Failure of property owners to receive notice shall not invalidate any
of the proceedings in this section.
Section 3. This amendment changes Section 44-1161. (Additions are underlined and deletions
are crossed out.):
Sec. 44-1161. Initiation generally
(c)An amendment to this chapter, including an amendment to the zoning map, may be initiated by
the city council, the planning commission, the city staff or by petition of affected property owners,
who are hereby defined to be the owners of the property to be rezoned. An amendment not
initiated by the planning commission shall be referred to the planning commission for study and
for a report. The city council shall not take action on any proposed amendments to this chapter,
including zoning text changes and zoning map changes, until after they receive the
recommendation about such a proposal or request from the planning commission.
The planning commission shall make a recommendation on all zoning map amendments within
45 days of the city receiving a complete application or request. The city council may act without a
recommendation from the planning commission if the planning commission fails to meet the 45-
day time limit for comment or recommendation.
The planning commission or city staff may refer design-related applications and matters
(including, but not limited to, architectural design, site layout, landscaping and sign matters
(including signs, off-site signs, billboards and comprehensive sign plans)) to the community
design review board for their review and recommendation.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect after the city publishes it in the official newspaper.
The Maplewood City Council adopted this ordinance amendment on May 5, 2008.
Seconded by Councilmember Hjelle. Ayes -All
The motion passed.
7. Large Assembly Permit and Fee Approval (Second Reading).
a. City Clerk, Director Citizen Services, Karen Guilfoile gave the report.
Councilmember Hjelle moved to approve the (Second Reading) of the Large Assembly
Ordinance. The ordinance will be enacted after publication in the official newspaper.
ORDINANCE 886
May 5, 2008
A Continuation of April 28, 2008, Council Meeting
City Council Meeting Minutes
ARTICLE VII. LARGE ASSEMBLIES
Sec. 14-381. Purpose.
This article is established in order to regulate the assembly of large numbers of persons whose
presence in the city can reasonably be anticipated to exceed the capability of the health, sanitary,
fire, police, transportation and utility services provided by the city and in order to establish
regulations which protect the health, safety and welfare of all persons within the city. (Code 1982,
§ 20-91)
Sec. 14-382. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
Large assembly means a gathering numbering more than 500 persons; or actions by one or more
persons, the intention of which is to attract and assemble a gathering of persons in excess of 500
at a single time and place for any purpose. (Code 1982, § 20-92)
Sec. 14-383. License required.
No person shall permit, maintain, promote, conduct, advertise, manage, sell, barter or give
tickets to an actual or reasonably anticipated assembly of 500 or more people, whether on public
or private property, unless a license to hold the assembly has been first issued by the city
council as provided in this article. In addition to the license required in this section, the applicant
must possess and submit to the city any other necessary state licenses and/or permits
necessary to carry on the assembly.
In the event the city denies the license, the applicant can appeal the decision to the city
council. (Code 1982, § 20-93)
Sec. 14-384. License exemptions; applicability.
(a) Large assemblies sponsored by the city do not require a license.
(b) This article shall not apply to any regularly established, permanent place of worship, stadium,
athletic field, arena, auditorium, coliseum or other similar permanently established place of
assembly which that does not exceed 150 percent of the maximum occupancy of such building
or facility. (Code 1982, § 20-94)
Sec. 14-385. Prohibited in certain areas.
Large assemblies may be prohibited and a license denied upon a finding by the city seNnsi4 that
the proposed assembly is incompatible with existing residential land uses. Factors considered in
determining incompatibility include without limitation noise, lighting, traffic, sanitation, congestion
of persons, communications, water supply, waste disposal, enforcement of laws against
contraband of all types, physical damage to adjoining properties, parking areas, fire hazard,
containment on the site, obedience to other sections of this Code or other city ordinances and
state and federal statutes, and other factors affecting the public health, safety and welfare of the
public. (Code 1982, § 20-95)
Sec. 14-386. Application for license.
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The application for a large assembly license shall be made in writing and filed with the city clerk
no less than 45 days in advance of the proposed date for the large assembly, upon forms
supplied by the city clerk. The application shall contain without limitation the following information:
(1) The ^ °~~'^^^^ ^' ^ ~•~~• ^ •~~^• ^^~' •~^~'~^^ ^~'~'•^°° contact information
of the applicant, if an individual; all partners if a partnership; and all officers of the corporation if
the applicant is a corporation.
(2) The address and legal description of all property which will be in any way used or occupied by
the large assembly.
(3) The names and addresses of all persons holding an equitable or legal interest in land, except
mortgagees, where the proposed large assembly is to be conducted, together with a written
statement of their approval of such use.
(4) The names and addresses of all persons with a legal or equitable interest in the land which
abuts the subject property.
(5) A full description of the nature, purpose and extent of the proposed large assembly.
(6) The maximum number of persons which the proposed large assembly will attract at any given
time, together with the dates and hours during which the proposed large assembly will be
conducted. c„^~ ^ ...~~., ^~^~~ „^. h,. ~,.~,~ ,.^^. ~~nn ,. „ ,~^.,
(7) The names, addresses, social security numbers, credentials, hours of a~a~ity-arad
.J^,.~^.,,,,^,,...F ~..^~ ~.~.., ..FF.....o ^,,,~ ^.~^. ^^„^.^~ ..~^..^ for security full description and
information on security plans to be utilized at the proposed large assembly by the applicant.
(8) A full description of plans for sound amplification and sound control to be utilized by the
applicant.
(9) Plans for any food or other concession which will be provided, together with the name,
address and licensing information of all concessionaires.
(10) All other information which would be required by section 14-388.
(11) Any other information required or requested by the city clerk, environmental health officer
or public safety representatives. er-tqe-sitjFSe~rnsi~
(12) All site clean up from the eventad~:ertising-lnera'~~~ ^^^' ^^°'^~° shall be reaaeved
complete within 36 hours from the termination of the large assembly event.
(13) The nonrefundable investigation fee as provided in section 14-387. (Code 1982, § 20-96)
Sec. 14-387. Administrative fees.
. As a condition of granting a license, the city may require establishing of a
cash escrow to be deposited with the city clerk. The cash escrow shall be used to guarantee
payment by the applicant of the city's costs for legal, engineering, planning, sanitation, health,
traffic control, and other law enforcement services which are directly attributable to the large
assembly. (Code 1982, § 20-97)
Sec. 14-388. Conditions of approval.
Under this article the city seNnsi4 may impose any condition reasonably required
to protect the health, safety and welfare of the general public and the persons
assembled, including without limitation the following elements:
(1) A fence, barrier or other enclosure which controls and regulates ingress and egress to and
from the assembly with reasonable safety and speed.
(2) A potable water supply, meeting all local, state and federal standards for sanitation, quality
and quantity at the rate of one gallon per person per day.
(3) Separate enclosed toilets for males and females which meet state specifications, conveniently
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located throughout the grounds, in sufficient numbers to meet the state board of health
regulations and standards.
(4) An efficient and sanitary method of disposing of solid waste at the rate of at least 2.5 pounds
per person per day, together with provisions for restoration of the site to its original condition.
(5) A lighting plan for safe illumination during the hours of darkness
(6) Security officers, private, off-duty or on-duty state law enforcement peace officers in sufficient
numbers to provide for adequate safety and security of the proposed assembly. Security and
traffic control must meet the requirements of all state authorities and approval of the chief of
police.
(7) An administrative communications control center for communication with the city officials
either by messenger or telephone while the large assembly is being operated.
(8) Sufficient physicians, nurses, or other medical personnel licensed to practice in the state and
sufficient to provide emergency medical care, together with at least two emergency ambulances
with attendants for each x;094 2,500 people anticipated in the proposed assembly.
(9) A parking area off the public right-of-way and inside the proposed large assembly area
sufficient to provide parking space for one vehicle per each four persons anticipated unless
participants are bused in from anotherlocation. Permission for parking from all affected
property owners must be obtained.
(10) A fire protection plan to be provided by the applicant, including without limitation an alarm
system, fire extinguishing devices, fire lanes, together with sufficient personnel supplied by the
applicant to efficiently operate the required equipment.
(11) Copies of descriptions of all proposed advertising to ensure that the proposed advertising
conforms with the plans as presented to the city. seNnsi4.
(12) Any ;~a~„a"m'~restrictions on sound and sound reproduction and amplification as are
necessary to contain unreasonable noise within the enclosed boundaries of the location of the
large assembly.
(13) A surety bond or other financial guarantee approved as to form by the city a#erney and
established by the city council in an amount of not less than $5,000.00 to guarantee performance
by the applicant of the conditions imposed by the city seNnsil in granting the large assembly
license.
(14) A comprehensive general liability insurance policy covering any and all damages, claims, or
other liabilities arising out of the operation of the large assembly, whether incurred by the city or
by any other association or person. (Code 1982, § 20-98)
Sec. 14-389. Maximum size and time
The city seNasii-may limit the size and time of the large assembly after considering without
limitation those matters set forth in section 14385. "^^'^~ ^ ^~°'^^^^° °"^"'"^ ^ ^~"'~•
^^'~^~~^'^^^^•'"^^ ^ ~ "^~~•°. (Code 1982, § 20-99)
Sec. 14-390. Overnight camping.
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City Council Meeting Minutes
No person holding a large assembly license shall permit and no participant in a large assembly
shall remain overnight at the location of a large assembly, except for a reasonable number of
persons required for security purposes unless permitted by the city as part of the application
process. (Code 1982, § 20-100)
Sec. 14-391. Issuance of license; enforcement.
(a) The large assembly license shall be issued by the city clerk after
seNnsi4 review by the appropriate city departments, such as, but not limited to,
environmental health and public safety including the Fire Marshall. The license shall contain
a statement of all conditions as required in Sec. 14.388 of this article. a.'..,."~~'', Y
nil in .. 44... G......o..
(b) Enforcement of this article and of any large assembly license may take any of the following
forms within the discretion of the city:
(1) Enforcement by declaring such large assembly to be a public nuisance followed by abatement
procedures provided by statute or ordinance.
(2) Enforcement by injunction, declaratory judgment, or any other civil remedy by any court of
competent jurisdiction.
(3) Enforcement by issuing a citation or criminal complaint against persons parking automobiles
in violation of this article or any condition of the large assembly license and the towing of such
automobiles at the expense of such persons.
(4) Enforcement by disbursing all persons gathered at such large assembly.
(5) Enforcement by revoking the large assembly license, ordering removal of all large assembly
paraphernalia and the disbursing of persons gathered at the large assembly. (Code 1982, § 20-
101)
Sec. 14-392. Penalties for violations.
(a) Any person who obtains a large assembly license and any employee or agent thereof who
violates this article or any condition of any large assembly license issued, upon conviction thereof
by lawful authority, shall be punished in accordance with section 1-15. (b) The applicant shall be
required to post copies of the large assembly license at several locations in and about the
premises, including the automobile parking area. Any participant in the large assembly, other than
the applicant and his employees, who violates any provision of such posted conditions which is
specifically applicable to participants, upon conviction thereof by lawful authority, shall be
punished in accordance with section 1-15. (Code 1982, § 20-102)
Secs. 14-393 14-420. Reserved.
Seconded by Councilmember Nephew. Ayes -All
The motion passed.
L. NEW BUSINESS
1. Consider Cancellation of May 26~h Council Meeting due to Conflict with Memorial Day.
a. Acting City Manager, Public Works Director, Chuck Ahl gave the short report.
Councilmember Rossbach moved to recommend approval to cancel the May 26, 2008,
Council Meeting due to the meeting date falling on Memorial Day.
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A Continuation of April 28, 2008, Council Meeting
City Council Meeting Minutes
Seconded by Councilmember Juenemann. Ayes -All
The motion passed.
Consider Request for Reimbursement to former City Manager Richard Fursman, for
Educational Expenses.
a. Acting City Manager, Public Works Director, Chuck Ahl gave the report.
Councilmember Rossbach moved to recommend approval for the request to Reimburse
former City Manager, Richard Fursman for Educational Expenses incurred in 2006 in the
amount of $8,736.
Seconded by Councilmember Juenemann.
Ayes -Councilmembers Juenemann,
Nephew &Rossbach
Navs -Mayor Longrie,
Councilmember Hjelle
The motion passed.
CouncilmemberHjelle moved to adjourn the council meeting at 7:02 p.m. and continue
the remainder of the council meeting after the completion of the Special Council
Meeting.
Seconded by Mayor Longrie.
Ayes -Mayor Longrie,
Councilmembers Hjelle,
Nephew &Rossbach
-Councilmember Juenemann
The motion passed.
(*THESE ITEMS WERE NOT COMPLETED AND WILL BE CONTINUED MAY 12, 2008)
M. COUNCIL PRESENTATIONS
1. *Request for Ideas and Designs for Building a Personal Fire Pit (Councilmember Hjelle).
2. *The "Nicest" Fire Pit in Maplewood Contest (Councilmember Hjelle).
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3. ~ni,.,.,~ c..,,.i.,. nn,.,.F~..,, nn..., ~ onns ir,.~~..,.~i..,,...,M,., o,.~~M..,.N~ (Removed)
4. *Update regarding on-line council packets - (Mayor Longrie)
5. *Follow up regarding Contacts at 3M - (Mayor Longrie)
6. *Follow up of Recycling of Printer Cartridges - (Mayor Longrie)
7. *Attending the Ball of the Wild - (Mayor Longrie)
~ i i,.,.,.,,,~,,,, c,...,~„~...,, t~,, i,,,,.,.,+",,.,...F DID., F... ~„~~ _ rnn~.,... ~ ,. '^~_(Removed)
9. *Beaver Lake follow-up - (Mayor Longrie)
N. ADMINSTRATIVE PRESENTATIONS
~ o,.,,,~„,~,....F C....,.~~I nA....4~..,. ~t ~~nn ,. „ nn~., ~ ~nnQ t.. r..,,~„r,., r..o~. I i4i,.~4i..n
(Removed)
O. ADJOURNMENT
The council meeting was adjourned at 7:02 p.m. in order to move onto the Special Council
Meeting that was scheduled to begin at 7:00 p.m.
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