HomeMy WebLinkAbout12-18-2006Q
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, December 18, 2006
Council Chambers, City Hall
Meeting No. 06-34
CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at
7:02 P.M. by Mayor Longrie.
PLEDGE OF ALLEGIANCE
ROLL CALL
Diana Longrie, Mayor Present
Rebecca Cave Councilmember Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF AGENDA
Mayor Longrie moved to approve the agenda as amended.
M1. NEST Update
G1. Move Item L6 to G1
G2. City Attorney Presentation
M2. News Bulletin — Livable Communities Grant
M3. Recent Newspaper Article
Seconded by Councilmember Cave Ayes -All
APPROVAL OF MINUTES
Minutes from the December 4, 2006 Special City Council Meeting
Mayor Longrie moved to approve the minutes from the December 4, 2006 Special City Council Meeting
ns amended
Seconded by Councilmember Cave Ayes -All
VISITOR PRESENTATIONS
Tom McDonough
Tom McDonough, 660 Eldridge Avenue, Maplewood, expressed his gratitude to Police Chief
Thomalla and Fire Chief Lukin and their staff for the respect and consideration his family
received throughout the previous week and during the memorial service honoring his son
Sergeant Brian McDonough.
12-18-06 City Council Meeting
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2. Nancy Lazaryan, 10734 West Lake Road, Rice, commented on an ongoing lawsuit and recent
data practices requests.
3. Bill Kayser, 6408 81St Avenue North, Brooklyn Park, also remarked on recent data practices
requests.
4. John Nephew, 628 E. County Road B, spoke regarding city lawsuits and increased taxes.
APPOINTMENTS/PRESENTATIONS
Appointments to Rice Street Corridor Study Task Force
a. Public Works Director Ahl presented the report.
Councilmember Hjelle moved to appoint Kathleen Juenemann as the councilmember representative to
the Rice Street Corridor Task Force:
Seconded by Councilmember Rossbach Ayes -Mayor Longrie, Councilmembers Cave, Hjelle
and Rossbach
Abstain-Councilmember Juenemann
Councilmember Hjelle moved to appoint the following three members to the Rice Street Corridor Task
Force:
Business Member:
Community Member:
Staff Liaison:
Seconded by Councilmember Rossbach
Ernie Schroeder, Schroeder Milk
Michael Grover, Maplewood Planning Commission
City Engineer Ahl
Ayes -All
Councilmember Juenemann requested that Councilmember Rossbach be the alternate for the Rice
Street Corridor Task Force if she were unable to attend a meeting.
2. Resolution of Appreciation for John Hinzman
a. Senior Planner Ekstrand presented the report.
Councilmember Juenemann moved to adopt the following resolution of appreciation for John Hinzman
for his service on the Community Design Review Board:
RESOLUTION OF APPRECIATION 06-12-155
WHEREAS, John Hinzman has been a member of the Maplewood Community Design
Review Board for one year and eight months, since March 28, 2005, and has served faithfully in that
capacity; and
WHEREAS, the Community Design Review Board has appreciated his experience, insights
and good judgment; and
12-18-06 City Council Meeting
2
WHEREAS, Mr. Hinzman has freely given of his time and energy, without compensation, for
the betterment of the City of Maplewood; and
WHEREAS, Mr. Hinzman has shown dedication to his duties and has consistently
contributed his leadership and effort for the benefit of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens that John Hinzman is hereby extended our gratitude and
appreciation for his dedicated service.
Seconded by Councilmember Hjelle Ayes -All
3. Presentation of Proposed City of Maplewood 50 Year Anniversary Logo by the Historical
Preservation Commission
a. Ron Cockriel, 943 Century, presented the report.
Councilmember Juenemann moved to adopt the proposed logo for the city's 50 Year Anniversary
Celebration.
Seconded by Councilmember Hjelle Ayes -All
4. City Attorney Report
a. City Attorney Kantrud presented the report.
Mr. Kantrud shared a letter received from the County Attorney's office dated December 8th and
an article in the Star Tribune dated 12-18-06 regarding a citizen complaint.
The letter from the County Attorney's office will be available on the city website for public
review.
H. PUBLIC HEARINGS
1. 7:00 p.m. CarMax/Mogren Addition
a. Senior Planner Ekstrand presented the report.
b. Brandon Bourdon, Kimley Horn & Associates, addressed council.
C. Bruce Mogren, Mogren Development Company, was present for council questions.
d. Dave Sellegren, Land Use Attorney representing CarMax, addressed council.
e. Joe Jagdmann, Real Estate Manager representing CarMax, addressed council.
f. Chuck Patterson, Architect for the project, answered council questions.
g. Dan Hughes, Landscape Engineer, was presented for council questions.
h. Boardmember Shankar presented the Design Review Board report.
12-18-06 City Council Meeting 3
Mayor Longrie opened the public hearing, calling for proponents or opponents. The following
persons were heard:
None
Mayor Longrie closed the public hearing.
Councilmember Rossbach moved to adopt the following resolution approving a conditional use permit
for a planned unit development for the CarMax/Mogren Addition Development to include all 18
conditions:
CONDITIONAL USE PERMIT RESOLUTION 06-12-156
FOR A PLANNED UNIT DEVELOPMENT
WHEREAS, Carmax and Bruce Mogren applied for a conditional use permit for a planned unit
development to develop a Carmax used -car dealership on the former Country View Golf Course property;
WHEREAS, this permit applies to the northeast corner of Beam Avenue and Highway 61. The legal
description is:
Lot 1, Carmax/Mogren Addition
WHEREAS, the history of this conditional use permit is as follows:
On December 5, 2006, the planning commission held a public hearing. The city staff published
a hearing notice in the Maplewood Review and sent notices to the surrounding property owners.
The planning commission gave everyone at the hearing a chance to speak and present written
statements. The planning commission recommended that the city council approve this
conditional use permit.
2. The city council reviewed this request on December 18, 2006. The council considered the
reports and recommendations of the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional
use permit revision because:
The use would be located, designed, maintained, constructed and operated to be in conformity
with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person
or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical interference or other
nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
12-18-06 City Council Meeting 4
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. The development shall follow the plans date-stamped October 20, 2006, except where the city
requires changes. The director of community development may approve minor changes.
2. The proposed construction must be substantially started within one year of council approval or the
permit shall end. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. This approval permits the development of the Carmax site subject to the conditions of the city council.
The future development sites are not approved at this time. The developers of these sites must
submit all necessary applications and materials for evaluation of those plans as required by the city
ordinance.
5. If the watershed district allows their twin drainage pipes to be relocated above grade as an open
channel, the PUD shall also require that all developments within the Carmax/Mogren Addition actively
and regularly pick up all litter from their parking lots to keep debris from entering this open channel.
6. The applicants shall comply with the requirements in the Engineering Plan Review dated November
21, 2006, by Erin Laberee and Michael Thompson.
7. The applicants shall also comply with the requirements listed in these plan -review reports as follows:
• The Drainage and Wetland Report by DuWayne Konewko dated November 22, 2006.
The wetland and rainwater garden landscaping comments by Ginny Gaynor dated November 22,
2006.
• The watershed district comments by Tina Carstens dated November 21, 2006.
8. The outdoor vehicle storage area is allowed. The outward -facing facade of the screening wall shall
be brick to match the building.
9. The pervious paving method proposed within the shoreland boundary area shall meet the
requirements of the shoreland ordinance. This shall be subject to the approval of the city engineer.
10. Vehicle transports shall not use public right-of-way for loading or unloading.
11. The site plan shall be revised for the city engineer's approval relocating the Highway 61 driveway to
the north at County Road D. This driveway shall be located as far east as possible. This driveway
shall remain gated at all times except when needed for vehicle test drives which is its proposed and
permitted use.
12-18-06 City Council Meeting 5
12. The dealership shall not store any materials or supplies on the outside of the building, except for what
they store in the dumpster enclosure.
13. The dealership shall only park vehicles on designated paved surfaces.
14. The applicants shall obtain any required permits from the Ramsey Washington Metro Watershed
District, Ramsey County and the State of Minnesota and meet the requirements of those agencies.
15. The site plan shall be revised to move the driveway on Beam Avenue as far to the east as possible.
This revision shall be subject to the approval of the city engineer.
16. The city engineer shall get the necessary approvals for wetland mitigation from the watershed district
as part of the public improvements needed for this subdivision and development as stated in the
report by DuWayne Konewko, Environmental Management Specialist.
17. All buildings, paving, unneeded utilities, etc. within the proposed subdivision shall be demolished and
removed from the site by the applicants.
18. The applicants shall provide all development agreements, maintenance agreements and escrows
required by the city. These agreements shall be executed and escrows paid before the issuance of
building permits.
Seconded by Councilmember Cave Ayes -All
Councilmember Hjelle moved to approve the preliminary plat for the CarMax/Mogren Addition, subject
to the following conditions:
1. Signing of the following agreements with the city:
• A maintenance agreement, prepared by the city, for the rainwater gardens, ponds and sumps.
The project plans shall clearly point out the maintenance access route to each garden, pond and
basin. The developer/owner of the property will be responsible for all such maintenance.
• A development agreement with the city for the construction of the public road within the
development site that will connect Beam Avenue to County Road D.
2. Revising the plat to rename all Outlot B with a lot and block number.
3. The applicants shall dedicate any easements that the city may require for drainage and utility
purposes.
4. The name of the street shall be subject to the approval of the city's public safety staff and city
engineer.
5. The applicants shall pay the city escrow for any documents, easements and agreements that the
city engineer may require that may not be ready by the time of plat signing.
6. The applicants shall comply with the requirements in the Engineering Plan Review dated November
21, 2006, by Erin Laberee and Michael Thompson.
7. The applicants shall also comply with the requirements listed in these plan -review reports as
follows:
• The Drainage and Wetland Report by DuWayne Konewko dated November 22, 2006.
12-18-06 City Council Meeting 6
• The wetland and rainwater garden landscaping comments by Ginny Gaynor dated November 22,
2006.
• The watershed district comments by Tina Carstens dated November 21, 2006.
Seconded by Councilmember Cave
Ayes -All
Councilmember Rossbach moved to direct the applicant provide a three dimensional cad drawing of the
building elevations for submission to the Design Review Board for their approval based upon previous
suggestions by the board and city staff.
Seconded by Councilmember Cave
Ayes -All
Councilmember Hjelle moved to adopt the following resolution ordering improvement after a public
hearing for the proposed public improvements for the CarMax/Mogren Addition Improvements:
RESOLUTION 06-12-157
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 27th day of November, 2006, fixed a
date for a council hearing on the proposed public improvements for the CarMax/Mogren Addition
Improvements, City Project 06-17.
AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
given, and the hearing was duly held on December 18, 2006, and the council has heard all persons
desiring to be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that
the City of Maplewood make public improvements to the proposed CarMax/Mogren Addition
Improvements, City Project 06-17.
2. Such improvement is hereby ordered as proposed in this council resolution adopted the
18th day of December 2006.
3. The city engineer is designated engineer for this improvement and is hereby directed to
prepare final plans and specifications for the making of said improvement.
4. The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project. A project budget of $4,416,000 shall be established. The
proposed financing plan is as follows:
Developer Assessments $ 3,394,600 (76.9%)
City of Maplewood — MSAS Bond Funds $ 517,550 (11.7%)
Ramsey County $ 292,550 (6.6%)
MnDOT $ 211,300 (4.8%)
Total $ 4,416,000
Seconded by Councilmember Cave Ayes -All
A Comment from Councilmember Rossbach for the record:
Although the Landform letter states otherwise, Councilmember Rossbach clarified that this site does
and will generate traffic onto local streets.
12-18-06 City Council Meeting 7
9:35 p.m. Mayor Longrie announced a 10 minute recess.
I. CONSENT AGENDA
Councilmember Cave moved to adopt consent agenda item 1 and requested an itemized list for Kimley-
Horn & Associates, Inc.
Seconded by Councilmember Hjelle Ayes -All
Councilmember Cave moved to adopt consent agenda item 2 with the caveat that council will be
notified of anv adiustments to the expenditure accounts.
Seconded by Councilmember Hjelle Ayes -All
Councilmember Juenemann moved to adopt consent agenda item 3.
Seconded by Councilmember Hjelle Ayes -All
Councilmember Juenemann moved to adopt consent agenda items 4
Seconded by Councilmember Rossbach Ayes -All
Councilmember Rossbach moved to adopt consent agenda item 5.
Seconded by Councilmember Cave Ayes -All
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 152,883.15 Checks # 71533 thru # 71573
dated 12/12/06
$ 428,261.09 Disbursements via debits to checking account
dated 12/01/06 thru 12/07/06
$ 581,144.24 Total Accounts Payable
$ 581,144.24 GRAND TOTAL
2. 2006 Budget Adjustments for Investments
Approved the 2006 budget adjustments and authorized staff to increase expenditure budgets for
investment management fees and interest on interfund loans when there is a corresponding
increase in investment earnings.
3. Conditional Use Permit Review — Sinclair Fuel Station (223 Larpenteur Avenue)
Approved to review the conditional use permit for Sinclair Oil Corporation to operate a motor
fuel station at 223 Larpenteur Avenue East again only if a problem arises or if a change or
expansion is proposed. All original conditional use permit conditions as outlined in the July 8,
2002, city council meeting minutes apply.
12-18-06 City Council Meeting 8
4. Approve Purchase of Street Sweeper
Approved to enter into a contract with MacQueen Equipment, Inc. under State Contract No.
435586, for the purchase of an Elgin Pelican Street Sweeper for the purchase price of $115,549
including sales tax and trade-in.
5. Approve Emergency Repair of Tandem Dump Truck
Approved the repair of transmission at a cost of $9,820.57 to be paid to Interstate Power
Systems by Fleet Superintendent Ed Nadeau.
J. AWARD OF BIDS
None
K. UNFINISHED BUSINESS
Conditional Use Permit Update — Woodhill (Dahl Avenue, south of Linwood Avenue)
a. Planner Roberts presented the report.
Councilmember Hjelle moved to bring this item back to council in January of 2007.
Seconded by Councilmember Juenemann Ayes -All
L. NEW BUSINESS
Easement Vacation — Jensen Estates (Hoyt Avenue)
a. Planner Roberts presented the report.
Councilmember Cave moved to adopt the following resolution for the vacation of part of the
drainage and utility easement on the west side of the property at 2320 Hoyt Avenue (between
Lots 6 and 7, Jensen Estates):
VACATION RESOLUTION 06-12-158
WHEREAS, the Maplewood City staff, at the direction of the city council, initiated the
vacation of the following:
That part of the easement on Lot 7, Block 1, Jensen Estates, according to the recorded
plat thereof, In Ramsey County, Minnesota described as follows:
The easterly six feet of the 20 -foot -wide drainage and utility easement that is along the west
property line of the property at 2320 Hoyt Avenue (between Lots 6 and 7, Jensen Estates)
between the north property line of the plat and the Hoyt Avenue right-of-way as shown on the
recorded plat.
All in Maplewood, Ramsey County, in Section 24, Township 29, Range 22.
WHEREAS, the history of this vacation is as follows:
1. On December 5, 2006, the planning commission held a public hearing about this proposed
vacation. The city staff published a notice in the paper and sent notices to the surrounding
property owners. The planning commission gave everyone at the hearing a chance to speak and
present written statements. The planning commission also considered reports and
recommendations of the city staff. The planning commission recommended that the city council
approve the vacation.
12-18-06 City Council Meeting 9
2. On December 18, 2006, the city council reviewed this proposal. The council also
considered reports and recommendations of the city staff and planning commission.
WHEREAS, after the city approves this vacation, the public fee title interest in the
property will go to the following described properties:
Lot 7, Block 1, Jensen Estates (2320 Hoyt Avenue) (PIN 24-29-22-22-0077)
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-
described vacation for the following reasons:
1. It is in the public interest.
2. The city and the property owner do not need or use all of the existing easement for utility
or trail purposes.
3. The two properties adjacent to the easement have adequate utilities and drainage.
4. The remaining easement area will be wide enough for the installation of the required
trail.
This vacation is subject to the property owners at 2320 Hoyt Avenue maintaining the drainage
on the west side of their house on their property.
Seconded by Councilmember Juenemann Ayes -All
2. DeSoto -Skillman Area Street Improvements, City Project 06-16:
Resolution Receiving Preliminary Report and Calling Public Hearing for January 8, 2007
Resolution Authorizing Preparation of Plans/Specifications
a. City Engineer AN presented the report.
Councilmember Juenemann moved to adopt the following resolution accepting the report and
callina for a public hearina for 7:00 p.m. Monday. January 8. 2007 and authorizina preparation
of plans and specifications for the Desoto -Skillman Area Street Improvement project with a
friendly amendment added that an informational workshop will be held prior to the meeting on
street layering and cost analysis of street projects:
RESOLUTION 06-12-159
ACCEPTING FEASIBILITY REPORT, CALLING FOR PUBLIC HEARING
WHEREAS, pursuant to resolution of the council adopted June 29th, 2006, a report has been prepared
by Kimley-Horn and Associates, a consultant of the city engineering division, with reference to the
improvement of the Desoto -Skillman Area Street Improvements, City Project 06-16, by and this report
was received by the council on December 1, 2006, and
WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-
effective, and feasible,
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. The Council will consider the improvement of such streets in accordance with the report and the
assessment of abutting property for all or a portion of the cost of the improvement pursuant to
Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $5,597,500.00.
12-18-06 City Council Meeting 10
2. A public hearing shall be held on such proposed improvement on the 8th day of January, 2007 in
the Council chambers of Maplewood City Hall at 7:00 p.m., and the clerk shall give mailed and
published notice of such hearing and improvement as required by law.
Seconded by Councilmember Hjelle Ayes -All
3. Gladstone Area Redevelopment, City Project 04-21—Resolution Approving Master Plan and
Authorization to Proceed with Phase 1 Project Analysis and Preliminary Report
a. City Engineer Ahl presented the report.
Councilmember Rossbach moved to proceed with the analysis phase of Phase I of the Gladstone
project and provide the Director of Public Works with the authority to incur an additional $290,000 of
project expenses for the purpose of detailed design and analysis:
RESOLUTION 06-12-160
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed that improvements in the form of storm water improvements, turn
lane improvements, sidewalk/trail improvements, utility improvements and power line burial
improvements for Phase 1 for the Gladstone Area Redevelopment Project, City Project 04-21 be
implemented, and that all or a portion of said improvement costs be assessed to the benefited property,
pursuant to Minnesota Statutes, Chapter 429,
WHEREAS, the Metropolitan Council has awarded a grant to the City of Maplewood in the
amount of $1.8 million for the improvement of Phase 1 of the Gladstone redevelopment, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement project be referred to the city engineer for study and that he is
instructed to report to the council with all convenient speed advising the council in a preliminary way as
to whether the proposed improvement is necessary, cost effective and feasible and as to whether it
should best be made as proposed or in connection with some other improvement, and the estimated
cost of the improvement as recommended.
FURTHERMORE, funds in the amount of an additional $290,000 are appropriated from future
project expenses to prepare this feasibility report and to prepare preliminary project plans and analysis.
Seconded by Councilmember Cave Ayes -All
Councilmember Cave moved to adopt the following resolution that adopts the Master Plan for
the Gladstone Project reflecting the discussed corrections and the deletion of the word Brownfield
from the plan:
RESOLUTION 06-12-161
APPROVING MASTER PLAN
WHEREAS, pursuant to a resolution of the City Council dated December 13, 2004, the City
Council entered into agreements with the firms of Hoisington-Koegler Group, Inc., Kimley-Horn and
Associates, Inc., SEH Inc., and Braun Intertec, Inc. for the purpose of preparing a Master Plan for the
Redevelopment of the Gladstone Area of the City, and
WHEREAS, the City Council has held hearings and review sessions on various drafts of the
Master Plan on September 26, 2005; November 14, 2005; January 9, 2006; April 18, 2006; June 26,
2006; October 26, 2006 and November 13, 2006 to review and debate the various sections and
approaches to the redevelopment strategies and policies for the Gladstone Area Redevelopment, and
12-18-06 City Council Meeting 11
WHEREAS, the Master Plan has been presented by Hoisington Koegler Group, Inc. in a final
format that is recommended for adoption by the City Engineer, and
WHEREAS, the Metropolitan Council has awarded a grant to the City of Maplewood in the
amount of $1.8 million for the improvement of Phase 1 of the Gladstone redevelopment, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That said Master Plan as prepared and presented by Hoisington-Koegler Group, Inc. is hereby adopted
as the guiding principles and policies for the redevelopment of the Gladstone area.
Seconded by Councilmember Hjelle Ayes -Mayor Longrie, Councilmembers Cave and
Hjelle
Nays-Councilmember Juenemann and Rossbach
Councilmember Cave moved to continue the meeting until all agenda items were addressed.
Seconded by Councilmember Hjelle
4. City Private Street Policy
a. Planner Roberts presented the report.
PURPOSE:
Ayes -Mayor Longrie, Councilmembers
Cave, Hjelle and Rossbach
Nay-Councilmember Juenemann
Councilmember Cave moved to adopt the proposed Private Street Policy for use in Maplewood
with a friendly amendment that the following statement is removed:
• The city shall only allow private streets within a planned unit development (PUD):
MAPLEWOOD RESIDENTIAL PRIVATE STREET POLICY (December 18, 2006)
The City of Maplewood recognizes that private streets may be necessary in certain instances to overcome
obstacles for a new development. The city intends to use this policy for private driveways in new preliminary plats
and planned unit developments. When the city determines that private streets are warranted, it is the intent of this
policy that they utilize a public street system as a backbone and primary mode of access for the project. The city is
not encouraging the use of or the construction of private streets or driveways, and the city has designed this policy
to address the following issues:
• Outline the cases in which the city should consider allowing private streets.
• Govern the standards that the city will apply to developments proposing the creation of additional private
streets.
• Specify the design standards that a developer must meet when constructing a private street as well as
Maplewood's inspection policies.
• Describe the responsibility of the developer in notifying potential buyers of private streets within a
development.
12-18-06 City Council Meeting 12
POLICY:
The city discourages the use of private streets within new developments. The city may allow private streets in
residential developments on a limited basis if the city finds the following conditions to exist:
(1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In
making this determination, the city may consider the location of existing property lines, the shapes and
dimensions of property, the location of existing homes and streets, the proposed locations of structures,
local or geographic conditions and the existence of wetlands, creeks and streams.
(2) After reviewing the surrounding area, the city concludes that an extension of the public street system is
not required to serve other parcels in the area, improve access, or to provide a street system consistent
with the comprehensive plan.
(3) The use of a private street will permit enhanced protection of the city's natural resources including
wetlands, slopes, creeks, streams, treed and forested areas and other environmentally -sensitive
features.
The following are the cases in which the city may consider approving private streets:
• Factors that the city shall consider in allowing private streets include topography of the development site,
existing water bodies, streams and creeks, existing public street pattern, preservation of wetlands, wooded
areas or other significant natural features, irregular dimensions of the property and other unique features.
• The city also may consider private streets within a PUD if the city determines that there is a need for the
private streets to help achieve the affordable housing goals of the city.
Private street standards. If the city allows a private street, it shall be subject to the following standards:
(1) The owner or homeowner's association shall maintain the private streets in good condition and shall
have them plowed within 24 hours of a snowfall greater than two inches. The owner or developer shall
file with Ramsey County covenants about the maintenance of the private street against all benefiting
properties. The covenants or homeowner's association documents shall outline a finding mechanism
for the long-term care and maintenance of all the private streets and driveways within the development.
(2) The city may prohibit parking on the private street.
(3) Private streets that are not usable by emergency vehicles because of obstructions, snow accumulation,
or poor maintenance are a public safety hazard. The city may remedy such conditions and assess the
cost back to the property pursuant to M.S. § 429.101, subd. 1(C).
(4) The developer or builder shall construct the private street with adequate drainage facilities to convey
storm water runoff. All such designs, plans and calculations are subject to the approval of the city
engineer.
(5) The developer or contractor shall post street addresses or city approved street name signs, if required
by city staff, at the point where the private street intersects the public right-of-way. The city also may
require additional street and address signs within a development to help ensure public safety.
(6) The project engineer shall design the private street to minimize the impact upon adjoining parcels. The
city may require revised alignments, specific building orientation, larger or different setbacks and
landscaping to minimize the impact. The developer or contractor shall complete and have city approval
of an erosion control plan before starting construction.
(7) The private street must be located within a strip of property at least 30 feet wide extending out to the
public right-of-way or covered by a 30 -foot -wide easement that the developer or builder permanently
records over all benefited and impacted parcels.
12-18-06 City Council Meeting 13
(8) Maintenance and repair of utilities that are within the private street shall be the responsibility of the
benefiting property. All utilities within private streets shall be designed and constructed to meet or
exceed city standards.
The following are the standards that the city will apply to developments proposing the creation of additional private
SI'mptS"
• The city shall not allow private streets if the street is intended or designed to interconnect neighborhoods or
public streets.
• The city discourages private streets with a through -street design. However, private streets that function as
driveways may be appropriate.
• 1 n order to better accommodate snow storage in developments with private streets, the city shall discourage
direct driveway access and guest parking on private streets that function as a through street.
• Buildings fronting on a private street shall be set back a minimum of 22 feet from the curb.
• The maximum length of a private dead end street shall be 800 feet.
The developer or contractor shall post all dead end streets as such.
• The city shall discourage locating more than 24 units on any single private street.
• The minimum width for private streets as defined from back of curb to back of curb shall be as follows:
Number of Potential
Type of Street
Minimum Width
Units Served
Back to Back
4 Units or less
No curb and gutter
14 feet
5 to 24 Units*
Concrete curb and gutter
24 feet
* Off street guest parking and posted fire lanes shall be provided.
The following are the design standards that a developer or contractor shall follow to construct a private street as
well as the inspection policies:
• All private streets shall be constructed to the current city cross-sectional design standards for the specified
use.
All dead -ends or turn-arounds shall be designed and constructed to city standards and to meet the needs
of the fire department and public safety department.
• City personnel may inspect the construction of private streets during the installation and construction to
verify that the contractor uses the proper design, materials and construction techniques.
The following are the responsibility of the developer in notifying potential buyers of private streets within a
development:
• Private street sign name blades shall be blue in lieu of the standard city street sign color of green. In
addition to the private street name, the name blade also shall have the word "Private" located on it to
identify further the private nature of the roadway or street.
• The Developer's Agreement shall stipulate that the developer shall inform potential buyers of private streets
located within the development in the marketing materials and in the closing documents.
12-18-06 City Council Meeting 14
Notwithstanding the ability of a development proposal to meet the criteria and standards the city included in this
policy, the city council reserves the right to deny a request for private streets based on other factors where the city
council determines that such denial is in the best interest of the city.
Seconded by Councilmember Hjelle Ayes -All
5. Residential Wood Burning
a. Fire Chief Lukin presented the report.
Councilmember Rossbach moved to direct staff to explore options for regulating residential wood
burning in the city.
Seconded by Councilmember Juenemann
M. COUNCIL PRESENTATIONS
NEST Update
Ayes-Councilmembers Juenemann and
Rossbach
Nays -Mayor Longrie and Councilmembers Cave
and Hjelle
Councilmember Rossbach informed council the annual city contribution to NEST has been
reduced and a total of 80,000 riders will have utilized the 219 fixed route by the end of 2006.
2. Livable Communities Grant
Mayor Longrie stated the Metropolitan Council awarded ten projects in seven cities a total of
$8.8 million dollars to fund projects that promote mixed use developments and help connect
housing job services including transit. The City of Maplewood received 1.8 million dollars.
3. Star Tribune Article
Regarding a recent Star Tribune article, Mayor Longrie asked citizens to "do the math" when
they read the article to help put it all in perspective.
N. ADMINISTRATIVE PRESENTATIONS
City Manager Copeland and council wished everyone a Merry Christmas!
O. ADJOURNMENT
Mayor Longrie adjourned at 12:00 midnight.
12-18-06 City Council Meeting 15
TO: Greg Copeland
FROM: Charles Bethel
DATED: December 18, 2006
RE: DOER - 2006 Pay Equity Implementation Report
By letter dated October 4, 2006 the Department of Employee Relations ("DOER")
notified the Maplewood Human Resources Department of deficiencies in the 2006 Pay
Equity Implementation Report ("Report") that was submitted to DOER by the former
Human Resources Director. In that letter, DOER indicated that some of the information
needed for DOER to analyze the Report was missing, incomplete: or needed clarification.
Efforts to respond to the October 4, 2006 DOER letter and provide DOER with the
requested information have revealed that documents and materials needed to correct the
deficiencies cannot be found in the general Maplewood office files or the office files of
the former HR director.
DOER provided Maplewood an extension until January 8, 2007 to respond to the request
for information outlined in the October 4, 2006 DOER letter. However, in order to
comply with this request, we must locate the missing information and so far we have
been unsuccessful in finding it. Thus,I have forwarded a letter to Julie Fleming -Wolfe to
ask for her assistance in making a request of the former HR Director to help us locate the
missing information. As it was her report that was deemed insufficient, and as we are
currently unable to locate the information she used in generating that report, I thinki8t is
incumbent upon her to assist us in locating the information. Also, as there is a potential
fine of $100 per day, for each day we are not in compliance, if Ms Le refuses to help then
I think we may want to consider legal action against Ms Le. I am still waiting to talk with
Ms. Fleming -Wolfe regarding this issue and will update you with any information on this
matter as I receive it