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HomeMy WebLinkAbout02-23-2004A. B. C. C MINUTES MAPLEWOOD CITY COUNCIL 7:08 P.M., Monday, February 23, 2004 Council Chambers, Municipal Building Meeting No. 04-04 CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:08 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Marvin Koppen, Councilmember Present Kathleen Juenemann, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES Minutes from the Council Manager Workshop — February 2, 2004 Councilmember Koppen moved to approve the minutes from the February 2, 2004 Council/Manager Workshop as presented. Seconded by Councilmember Juenemann Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain -Mayor Cardinal 2. Minutes from the Council Manager Workshop — February 9, 2004 Councilmember Koppen moved to table the minutes from the February 9, 2004 Council/Manager Workshop until the March 08, 2004 City Council Meeting. Seconded by Councilmember Juenemann Ayes -All Minutes from the City Council Meeting — February 9, 2004 Councilmember Juenemann moved to approve the minutes from the February 9, 2004 City Council Meeting as amended. Seconded by Councilmember Koppen Ayes -All City Council Meeting 02-23-04 E. APPROVAL OF AGENDA M1. Maplewood Mall Report M2. Pioneer Press Council Agenda M3. Ramsey County Suburban Court Facility Report M4. 800 MHz Update M5. MLC Leadership Conference Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes -All F. APPOINTMENTS/PRESENTATIONS 1. Resolution of Appreciation — Tzianeng Vang a. City Manager Fursman presented and read the resolution of appreciation. Councilmember Juenemann moved to adopt the following resolution of appreciation for Tzianeng Vang: RESOLUTION OF APPRECIATION 04-02-029 WHEREAS, Tzianeng Vang has been a member of the Maplewood Police Civil Service Commission since May 14, 2001 and has served faithfully in that capacity to the present time; and WHEREAS, the Police Civil Service Commission has appreciated his experience, insights and good judgment; and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time 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 Tzianeng Vang is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Seconded by Councilmember Koppen Ayes -All G. CONSENT AGENDA 1. Approval of Claims City Council Meeting 02-23-04 2 ACCOUNTS PAYABLE: $ 300.00 Checks # 63099 dated 2/04/04 $ 134,164.99 Checks # 63100 thru # 63130 dated 2/10/04 $ 2,510,504.99 Disbursements via debits to checking account dated 1/30/04 thru 2/05/04 $ 205,715.02 Checks # 63131 thru # 63190 dated 2/13/04 thru 2/17/04 $ 149,164.85 Disbursements via debits to checking account dated 2/06/04 thru 2/12/04 $ 2,999,849.85 Total Accounts Payable PAYROLL $ 103,162.00 Merit Payroll Checks and Direct Deposits dated 2/06/04 $ 425,943.84 Payroll Checks and Direct Deposits dated 2/13/04 $ 5,964.84 Payroll Deduction check # 96628 thru # 96632 dated 2/13/04 $ 535,070.68 Total Payroll $ 3,534,920.53 GRAND TOTAL 2. Transfer to Fund for Gladstone West Improvement Project 00-05 Approved a transfer of $12, 73 5.85 from the fund for project 00-03 to the fund for Project 00-05 effective 12-31-03 and authorized the appropriate budget changes. 3. Conditional Use Permit Review — Highwood Farms Town houses (2666 Highwood Avenue) Approved to review the conditional use permit for the planned unit development (PUD) for Highwood Farms Town Houses on Highwood Avenue again in one year or sooner if the owner proposes a major change to the site. City Council Meeting 02-23-04 3 4. Adoption of 2004 Public Works Permit Fees Approved the following resolution for adoption of the 2004 Public Works Permit Fees: RESOLUTION 04-02-030 ADOPTION OF THE 2004 PUBLIC WORKS PERMIT FEES WHEREAS, the City of Maplewood has established permit fees for sewer service construction, storm sewer and sanitary sewer main construction, driveway construction and grading, and WHEREAS, city staff have reviewed the permit fees and prepared a schedule of fees titled 2004 Public Works Permit Fees, dated February 17, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated public works fees are approved for all related permit applications received after February 23, 2004. 2. The rates shown will be reviewed by staff on an annual basis with recommendations for revision brought to the city council for consideration. 5. Amended Utility Billing Agreement between the City of Maplewood and the City of Woodbury Approved the amended Utility Billing Agreement between the City of Maplewood and the City of Woodbury. 6. Purchase of Two Police Vehicles Authorized the purchase of two new vehicles for the Police Department. 7. Purchase of Tasers Authorized the purchase of eight Tasers (electronic incapacitation devices) for the Police Department. 8. Annual State Gambling License Renewal Resolution — Church of St. Jerome's Adopted the following resolution approving the lawful gambling resolution for the church of St. Jerome to operate at Dean's Tavern: RESOLUTION 04-02-031 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for Church of St. Jerome, to operate at Dean's Tavern located at 1986 Rice Street, Maplewood, Minnesota. City Council Meeting 02-23-04 FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 9. Purchase of Large Scale Scanner Approved the purchase of a Ricoh FW470 scanner from Metro Sales in the amount of $29,618.72. Councilmember Juenemann moved to approve consent agenda items 1-3 and 5-9 as presented. Seconded by Councilmember Koppen Ayes -All Councilmember Koppen moved to approve consent agenda item 4 as presented. Seconded by Councilmember Juenemann Ayes -All H. PUBLIC HEARINGS 7:22 p.m. Hillcrest Area (Larpenteur and White Bear Avenues) Mixed Use District Zoning Code Amendment (Second Reading) Land Use Plan Map Changes (BC, R-1 and C to Mixed Use (MU)) (4 votes) Zoning Map Changes (BC and R-1 to Mixed Use (MU)) a. City Manager Fursman presented the report. b. Associate Planner Finwall presented specifics from the report. C. Commissioner Dierich presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Gary Horn, 1804 Flandrau Street, Maplewood Ruth Goettig, 1903 Flandrau Street, Maplewood Ken Schwartz, Performance Auto, 1735 Van Dyke Street, Maplewood Ruth Goettig, second appearance Linda McDonough -Rees, 1715 Larpenteur Avenue, Maplewood Joseph Vitek, 1913 White Bear Avenue, Maplewood Cindy Hulke, 1831 White Bear Avenue, Maplewood Tamara Massop, 1790 Flandrau, Maplewood Dave Hejny, Hejny Rental, 1829 White Bear Avenue, Maplewood Ken Schwartz, second appearance Tamara Massop, second appearance City Council Meeting 02-23-04 Cindy Hulke, second appearance f. Mayor Cardinal closed the public hearing. Councilmember Juenemann moved to approve the second reading of the following Ordinance creating a new zoning district within the City of Maplewood that will allow for the mixture of low -impact commercial developments along with higher density residential developments: ORDINANCE NO. 847 AN ORDINANCE CREATING THE MIXED-USE ZONING DISTRICT The Maplewood City Council approves the following additions to the Maplewood Code of Ordinances: Section I. This section adds Section 34-16 to Chapter 34 (subdivisions) to the city code: Section 34-16. Special subdivision regulations in the M -U mixed-use district. Chapter 34 (subdivisions) of the city code applies to the mixed-use zoning district unless specified differently below. (a) Blocks: Maximum block length of six hundred (600) feet. (b) Right-of-way width: Subject to discretion of the director of public works and approval by the city council. (c) Road pavement widths: Subject to discretion of the director of public works and approval by the city council. (d) Alleys: Interconnected roads and alleys are strongly encouraged within the mixed-use zoning district. (e) Alley right-of-way and pavement widths must be adequate for the following: vehicle passing, vehicle loading and unloading and storage of snow. Alley right-of-way and pavement widths are subject to the discretion of the director of public works and approval by the city council. (f) Cul-de-sacs: Cul-de-sacs are prohibited within the mixed-use zoning district. (g) Sidewalks: Sidewalks are required on both sides of roads. Section II. This section adds the following language to Section 44-6 (definitions) to the city code: Bed and breakfast means a transient lodging establishment located in a single-family dwelling unit or other approved building in which guest rooms are rented on a nightly basis for periods of less than a week and where at least one meal is offered in connection with the provision of sleeping accommodations only. City Council Meeting 02-23-04 Drive-through sales and service means an opening in the wall of a building designed and intended to be used to provide sales and/or service to patrons who remain in their vehicles. Drive -up food or beverage window means an opening in the wall of a building or restaurant designed and intended to be used to provide food and/or beverage sales and/or food and/or beverage service to patrons who remain in their vehicles. Dry cleaning and laundry pick-up station means an establishment or business maintained for the pick up and delivery of dry cleaning without the maintenance or operation of any dry cleaning equipment or machinery on the premises. Dry cleaningplant means an establishment or business maintained for cleaning clothing or other fabrics by immersion and agitation, or by immersions only, in volatile solvents including, but not limited to, solvents of the petroleum distillate type and/or the chlorinated hydrocarbon type, and the processes incidental thereto. Dwelling, secondary means an additional dwelling unit located within and subordinate to the principal dwelling on a single -dwelling lot, designed for a single occupant or small family. Standards and conditions for such a unit shall include the following: 1. A secondary dwelling unit shall be located within a single-family dwelling or above its accessory structure. 2. In the case of an addition to an existing structure, the exterior finish, roof pitch, windows, eaves and other architectural features must be the same or visually compatible with those of the original building. 3. The additional dwelling unit may not contain more than thirty percent (30%) of the principal dwelling's total floor area or eight hundred (800) square feet, whichever is less. 4. There shall be no more than two (2) dwelling units on a lot. 5. At least one (1) dwelling unit on the lot shall be owner -occupied. Dwelling, townhouse means a residence for one family that is attached either horizontally or vertically to at least two other residences, each with a private outside entrance. Laundry means an establishment or business where patrons wash and dry clothing or other fabrics in machines operated by the patron. Limited production and processing are those uses that produce minimal off-site impacts due to their limited nature and scale, are compatible with commercial and residential uses and may include wholesale and off -premise sales. Odors, noise, vibration, glare and other potential side effects of manufacturing processes shall not be discernable beyond the property line or to other tenants located in a building. Limited production and processing includes, but is not limited to, the production, processing, repair or service of the following: 1. Apparel and other finished products made from fabrics. 2. Computers and accessories, including circuit boards and software. 3. Electronic products, components, assemblies and accessories. 4. Film, video and audio production. 5. Food and beverage products, except no live slaughter, grain milling, cereal, vegetable oil or vinegar processing. 6. Jewelry, watches and clocks. 7. Milk, ice cream and confections. City Council Meeting 02-23-04 8. Musical instruments. 9. Novelty items, pens, pencils and buttons. 10. Precision dental, medical and optical goods. 11. Signs, including electric and neon signs and advertising displays. 12. Toys. 13. Wood crafting and carving. 14. Wood furniture and upholstery. Live -work unit means a dwelling unit in combination with a shop, office, studio or other workspace within the same unit, where the resident occupant both lives and works. Standards and conditions for these shall include: 1. The workspace component must be located on the first floor or basement of the building, with an entrance facing the primary abutting road. 2. The dwelling unit component must be located above or behind the workspace and maintain a separate entrance accessible from the primary abutting road. 3. The office or business component of the workspace shall not exceed thirty percent (30%) of the total gross floor area of the principal dwelling unit and shall meet all building code requirements. 4. A total of two (2) off-street parking spaces shall be provided on site for a live -work unit, located to the rear of the unit, or underground/enclosed (including attached or detached garage parking spaces). 5. No more than one (1) passenger or light commercial vehicle (i.e., delivery truck) associated with the office or business component of the workspace may be stored on site. Heavy commercial vehicles are prohibited. 6. The size and nature of the workspace shall be limited so that the building type may be governed by residential building codes. An increase in size or intensity beyond the specified limit would require the building to be classified as a mixed-use building and will require different construction standards. 7. The workspace component of the building may include the following uses: offices, small service establishments, home crafts which are typically considered accessory to a dwelling unit or limited retail associated with fine arts or crafts. The workspace component shall be limited to those uses otherwise permitted in the district that do not require a separation from residentially zoned or occupied property. The workspace component may not include a wholesale business, manufacturing business, motor vehicle service or repair for any vehicles other than those registered to residents of the property and a commercial food service requiring a license, except for a catering business which meets all conditional use permit requirements as specified in Article V (conditional use permits). 8. Signage for a live -work unit is restricted to one (1), fifteen -square -foot (15 s.f.) wall sign and shall not be internally illuminated. Over story tree means a large deciduous shade -producing tree with a mature height over thirty (30) feet. Photocopying establishment means a business engaging in the reproduction of written or graphic materials through processes that do not include the use of volatile organic compounds which are subject to federal or state air emissions regulations. City Council Meeting 02-23-04 Publishing or printing establishment means a business engaging in the reproduction of written or graphic materials through processes that include the use of volatile organic compounds which are subject to federal or state air emissions regulations. Section III. This section adds Chapter 44, Article 11, Division 14 to the city code to create the mixed-use zoning district (M -U): Division 14. M -U Mixed -Use District Section 44-679. Purpose and intent. The purpose of the mixed-use zoning district is to provide areas in the City of Maplewood with a mixture of land uses, made mutually compatible through land use controls and high-quality design standards. With this district, the City of Maplewood intends to promote the redevelopment or development of an area into a mixed-use urban center with compact, pedestrian -oriented commercial and residential land uses that are within an easy walk of a major transit stop. The intent of the mixed-use zoning district is to enhance viability within an area and foster more employment and residential opportunities. The placement and treatment of buildings, parking, signage, landscaping and pedestrian spaces are essential elements in creating the pedestrian -friendly and livable environment envisioned by the city in a mixed-use area. To ensure these elements are achieved, basic design standards are included in the district. Section 44-670. Uses. Uses allowed within an M -U mixed-use zoning district are as follows: (CUP) Type of Use Residential Uses Single-family dwelling Double dwelling Multiple dwelling Secondary dwelling Mixed Commercial -Residential Uses Multiple -dwelling residential and commercial Live -work unit Commercial Uses Adult uses and sexually oriented businesses Antennas which are freestanding and not located on existing structures Bakery/candy shop/catering, which produces goods for on -premise retail sale Bank, credit union Bed and breakfast City Council Meeting 02-23-04 Permitted (P) Conditional Use Permit Prohibited (PR) P1 P1 P CUP P CUP PR PR' P P P/CUP/PR4 Cemetery, crematory or mausoleum PR Commercial Uses (cont.) Clinic, medical or health related P Clinic, veterinary P/PR5 Currency exchange business PR Drive-through sales and service PR Drive -up food or beverage window PR Dry cleaning and laundry pick-up station P Dry cleaning plant P/PR6 Exterior storage, display, sale or distribution of goods or materials PR Health/sports club P Indoor recreation P Indoor theater P Laundry P Limited production and processing P/CUP7 Maintenance garage PR Major motor fuel station PR Mining PR Minor motor fuel station CUPg Motor vehicle wash PR Office P Off-street parking as a principal use PR Off -sale liquor business P9 On -sale liquor business P9 Pawnbroker PR Planned Unit Development PR Photocopying establishment P Publishing or printing establishment P/PR10 Restaurant P Retail P Small appliance and electronic component or equipment repair P Accessory use customarily incidental to any of the above uses. P The city may allow commercial uses similar to the above if they would not create a nuisance and if they are not noxious or hazardous. The city council shall review uses that are not clearly similar for determination of compatibility. 1Nonconforming single and double -dwelling residential uses and structures: Any pre-existing conforming or nonconforming single or double -dwelling residential use or structure which would become nonconforming by adoption of the mixed-use zoning district and may be expanded, extended or intensified so long as such expansion, extension, or intensification would be permitted under the R-1 single -dwelling residential district or the R-2 double -dwelling residential district and/or M -U mixed-use district. 2Live-work units are a conditional use in the mixed-use zoning district if they meet all standards and conditions as defined in the live -work definition. Live -work units do not require a home occupation license as specified in Section 14-56 (home occupations). City Council Meeting 02-23-04 10 3All other antenna requirements as specified in Article XI (commercial use antennas and towers) shall apply. 4Bed and breakfast establishments are allowed as follows: 1) single -dwelling residential: permitted if the bed and breakfast has four (4) or fewer guest rooms and as a conditional use permit if the bed and breakfast has more than four (4) guest rooms; 2) commercial or mixed-use building: permitted; 3) double dwelling, townhouse, or multi -family: prohibited. All bed and breakfast establishments must meet the required number of off-street parking spaces as specified in Section 44-17 (off-street parking). 5Veterinary clinic with exterior kennels are a prohibited use in the mixed-use zoning district. 6A dry cleaning plant is a permitted use in the mixed-use zoning district only if located within a commercial -only building. A dry cleaning plant is a prohibited use in the mixed-use zoning district if located within a mixed-use building (i.e., residential and commercial). 7Limited production and processing is a conditional use in the mixed-use zoning district only if such use has more than five thousand (5,000) square feet of gross floor area, in which case total floor area shall not exceed ten -thousand (10,000) square feet. 'A minor motor fuel station is a conditional use in the mixed-use zoning district subject to the following: 1. All parts of the minor motor fuel station shall be at least 100 feet from any residential use within the mixed-use zoning district, including mixed-use buildings that comprise at least 50 percent residential uses. 2. All parts of the minor motor fuel station shall be at least 350 feet from any single, double or multi -family residentially zoned land. 3. All new or replacement underground fuel storage tanks shall meet the standards of state statutes and the standards of the state pollution control agency. Such tanks shall also have a UL listing appropriate for their use. In addition, installation plans shall be submitted to the state fire marshal's office for approval. 4. There shall be leak detection equipment on all new and existing tanks according to the federal environmental protection agency schedule deadlines. Leak detection facilities shall include electronic (in tank) monitoring equipment and manual measurement and recording equipment of tank levels for daily records. Records of daily tank levels, fuel purchases and fuel sales shall always be available on site for inspection by the fire marshal. 9A11 alcoholic beverage licensing requirements apply as specified in Chapter 6 (alcoholic beverages). 10 Publishing and printing establishments are a permitted use in the mixed-use zoning district only if located within a commercial -only building. A publishing and printing establishment is a prohibited use in the mixed-use zoning district if located within a mixed-use building (i.e., residential and commercial). City Council Meeting 02-23-04 11 Section 44-671. Dimensional standards. Lot Size Per Unit Structure Setbacks (Feet) Building Type (Square Feet) Height (Feet) Front Side Rear Single dwelling 7,260 351 20 to 25 52 152 Double dwelling/ n/a 351 20 to 25 52 152 townhouse Residential garage n/a Per Section n/a 5 0 to 6 accessed from alley 44-114 Residential garage not n/a Per Section 20 to 25 5 5 accessed from alley 44-114 Multiple dwelling n/a 351 0 to 20 03 03 Mixed-use/residential n/a n/a 0 to 10 03 03 and commercial Commercial/including n/a n/a 0 to 10 03 03 structure parking No single dwelling, double dwelling, townhouse or multi -dwelling building shall exceed a height of thirty-five (35) feet, or three stories, unless the city council approves a conditional use permit. 2When a mixed-use zoned single or double-dwelling/townhouse adjoins a single or double - dwelling residential zoning district, the side and rear yard setbacks of the adjacent single or double- dwelling residential zoning district shall apply, or a side yard setback of ten (10) feet and a rear yard setback of twenty (20) feet, whichever is greater. 3The zero (0) setback specified above is allowed except as otherwise specified in the building code. Side and rear yard setbacks of at least ten (10) feet shall be required when a mixed-use zoned commercial, mixed-use (residential and commercial) or multi -family use adjoins a mixed- use zoned single or double-dwelling/townhouse residential use. Side and rear yard setbacks shall be as specified in Section 44-20 (c)(6)(b) (additional design standards) when a mixed-use zoned commercial, mixed-use (residential and commercial), or multi -family use adjoins a single or double- dwelling residential zoning district. Section 44-672. Maximum density. The density of the mixed-use zoning district shall not exceed the maximum density permitted by the land use classification and people per unit designated in the city's adopted comprehensive plan. Density bonuses are allowed per Section 44-300 (density credits). In addition, the net acreage for calculating density may be increased by three hundred (300) square feet for each affordable dwelling unit, as defined by the Metropolitan Council guidelines. City Council Meeting 02-23-04 12 Section 44-673. Off -Street Parking. Section 44-17 (off-street parking) of the city code applies in the mixed-use zoning district unless specified differently below. Placement of surface parking within the mixed-use zoning district must meet the following: 1. Surface parking must be located to the rear of a principal building, or an interior side yard if parking in the rear is impractical. 2. Surface parking must maintain a ten -foot (10') setback to a road when constructed on the side or rear of a building on a corner lot. 3. Surface parking must maintain a five-foot (5') side and five-foot (5') rear yard setback, unless the surface parking adjoins a single or double -dwelling residential zoning district, in which case the required setback is as specified in Section 44-19(a) (landscaping and screening). 4. The city may approve variances to the surface parking placement standard if a building has special needs and site constraints. In these cases, there should be good pedestrian connections between the sidewalk and building entrance, and the area in front of the parking lot should be well landscaped. Amount of parking: 1. The minimum amount of required parking spaces shall be as specified in Section 44-17 (off-street parking). 2. The maximum amount of surface parking spaces shall not exceed the specified minimum by more than ten percent (10%), or two (2) spaces, whichever is greater. If additional parking is desired, it must be placed underground, within an enclosed building, or in a tuck -under garage. 3. On -street parking located in front of a commercial or mixed-use building may count toward the required number of parking spaces. 4. For retail, medical, service and office uses, if a transit shelter is provided on site or in front of the building, then the minimum required number of parking spaces may be reduced by five percent (5%), but not to exceed five (5) parking spaces total. 5. Commercial parking district: For retail, medical, service and office uses, required parking may be reduced by the establishment of a commercial parking district for the purpose of sharing parking with varying peak parking hours or availability of off-street public parking. The establishment of a commercial parking district to allow a reduction in parking required shall be subject to review and approval by the community design review board during the development's initial site plan review or subsequent site plan changes. 6. In addition to the above -referenced allowances for parking reduction, the city council may authorize other reduced off-street parking requests through a special agreement. The reduction must be based on proven parking data for a specific development. Parking space size: 1. 90 -degree parking: 9 feet x 18 feet 2. 45 -degree parking: 8.5 feet x 18 feet 3. Parallel parking: 8 feet x 21 feet City Council Meeting 02-23-04 13 Section 44-674. Design standards. Section 44-20 (additional design standards) of the city code applies to the mixed-use zoning district unless specified differently below. Awnings: Awnings must be properly maintained, and if in poor repair must be repaired or replaced in a timely manner. Metal awnings are prohibited unless the design of the awning is compatible with the building, as determined by the director of community development (if the awnings require administrative review) or the community design review board (if the awnings require design review). Awnings may extend up to five (5) feet over the public right-of-way, where approved by the city, and must meet all building code requirements. Commercial/mixed-use building facade: Any exterior building wall, except for single and double-dwelling/townhouse residential buildings, adjacent to or visible from a public right-of- way or public open space may not exceed forty (40) feet in width. New buildings of more than forty (40) feet in width are allowed if the building wall is divided into smaller increments, between twenty (20) and forty (40) feet in width, through articulation of the facade. This can be achieved through combinations of the following techniques and others that may meet the obj ective: 1. Facade modulation — stepping back or extending forward a portion of the facade. 2. Vertical divisions - using different textures or materials (although materials should be drawn from a common palette). 3. Division into storefronts, with separate display windows and entrances. 4. Variation in rooflines by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval. 5. Arcades, awnings, window bays, arched windows and balconies. Exterior building materials: Exterior -building materials shall be classified primary, secondary or accent material. Primary materials shall cover at least sixty percent (60%) of all facades of a building. Secondary materials may cover no more than thirty percent (30%) of all facades of a building. Accent materials may include door and window frames, lintels, cornices and other minor elements, and may cover no more than ten percent (10%) of all facades of a building. Allowable materials are as follows: 1. Primary exterior building materials may be brick, stone or glass. Bronze -tinted or mirror glass are prohibited as exterior materials. 2. Secondary exterior building materials may be decorative block or stucco. 3. Synthetic stucco may be permitted as a secondary material on upper floors only. 4. Accent materials may be wood or metal if appropriately integrated into the overall building design and not situated in areas that will be subject to physical or environmental damage. 5. All primary and secondary materials shall be integrally colored with no painted materials. Fences: Fences over four (4) feet in height are prohibited in all front yards, except as required for storage/service/loading as specified below. First floor height: The first floor of commercial or mixed-use (residential and commercial) buildings shall be designed with a minimum ceiling height of twelve (12) feet. City Council Meeting 02-23-04 14 Material change: The front facade building material changes shall not occur at external corners (toward a public right-of-way or public open space), but may occur at reverse or interior corners or as a return at least six (6) feet from external corners. Mixed-use building and development remodeling/additions/alterations: Remodeling, additions or other alterations to mixed-use buildings and development (buildings and developments previously approved and built with mixed-use design standards) shall be done in a manner that is compatible with the original building or development. Original materials shall be retained and preserved to the extent possible. Model variety: Each single or double -dwelling development of one hundred (100) or more units must have at least four (4) models with three (3) elevations and material treatments each. For single or double -dwelling developments of less than one hundred (100) units, at least three (3) models with three (3) variations each are required. No road block should have more than two (2) consecutive single -dwelling houses with the same house model. Nonconforming buildings and developments: Additions to nonconforming buildings or developments (buildings or developments built before mixed-use design standards) must be constructed with materials required by this ordinance if the addition exceeds twenty-five percent (25%) of the floor area. Exterior remodeling or alterations to a nonconforming building or development must be constructed with materials required by this ordinance. The director of community development (if administrative review is required) or the community design review board (if design review is required) may authorize the use of other materials if the addition, remodeling or alteration is deemed to be minor in nature and not visible from a public right-of- way. One-story buildings: One-story buildings taller than eighteen (18) feet in height shall be architecturally detailed to simulate a two-story appearance. Parks/playgrounds: The city may require that a reasonable portion of any proposed subdivision or development be dedicated to the public or preserved for public use as parks, playgrounds, trails or open space. Pedestrian access: Each ground floor space with road frontage shall have its primary entrance on the front facade. Additional entrances may be provided off of a parking area or an access corridor. Porches and entries: Porches, steps, pent roofs, roof overhangs and hooded front doors or similar architectural elements shall be used to define all primary residential entrances. Decks shall be prohibited on all primary residential entrances. Front porches must have a minimum depth of six (6) feet clear. Porches may extend six (6) feet into the required setback in the mixed-use zoning district. Residential garages: Single or double-dwelling/townhouse attached garages must not be located in front of the primary facade and must have architectural elements to minimize the impact of the garage door or be recessed from the primary front facade (not including porches, bay windows or other minor projections) by a minimum of eight (8) feet. Single or double-dwelling/townhouse garages, either attached or detached, which are placed in the rear yard must be accessed by either an alley or a side -yard driveway. City Council Meeting 02-23-04 15 Setbacks: Within the mixed-use zoning district, all setbacks shall be measured from the outlying property line of a development and either a public right-of-way or from the edge of a private road, whichever applies. The term "road" as used to define setbacks within the mixed-use zoning district applies to public right-of-ways and private roads. Storage/service/loading: If an outdoor storage, service or loading area is visible from adjacent residential uses, or a road or walkway; it shall be screened by a decorative fence, wall or screen of plant material at least six (6) feet in height. Fences and walls shall be architecturally compatible with the primary structure. Windows: Buildings containing office and retail uses shall maintain forty percent (40%) minimum window coverage on the first floor that faces a road or public open space. These windows shall extend to a minimum of two (2) feet to the front facade elevation. Exceptions and Appeals to Design Standards: Exceptions: The director of community development (if administrative review is required) or the community design review board (if design review is required) may consider exceptions to the above-mentioned design standards if they uphold the integrity of the guidelines and result in an attractive, cohesive development design as intended by this ordinance. Appeals: Appeals to the approved design conditions for a building or development are permitted as specified in Section 2-285 (approval of plans). C. Section 44-675. Landscaping. Section 44-19 (landscaping and screening) of the city code applies in the mixed-use zoning district unless specified differently below. Landscape requirements: All areas of land not occupied by buildings, parking, driveways, sidewalks or other hard surface shall be sodded or mulched and landscaped with approved ground cover, flowers, shrubbery and trees. 2. Hard surfaced areas, including sidewalks and patios, must include amenities such as benches, planters and bike racks. For parking lots consisting of twenty (20) or more spaces, interior landscape islands are required. Interior landscape islands shall be at a rate of one (1) landscape island for every ten (10) parking spaces. Landscaping areas located along the perimeter of a parking lot beyond the curb or edge of pavement shall not be included toward satisfying this requirement. Landscape islands shall be a minimum of one hundred and forty-four (144) square feet in area and shall be a minimum of eight (8) feet in width, as measured from back of curb to back of curb. The landscape islands shall be improved as follows: a. One (1) over story tree with a trunk size a minimum of two and one-half (2-1/2) inches in caliper shall be provided for every landscape island. b. A minimum of fifty percent (50%) of every landscape island shall be planted with an approved ground cover in the appropriate density to achieve complete cover City Council Meeting 02-23-04 16 within two (2) years. Mulch may only be used around the base of the plant material to retain moisture. 4. Perimeter landscape or pedestrian walls are required for all parking lots and shall be established along the road and edges of the parking lot. The landscape treatment or pedestrian wall shall run the full length of the parking lot and be located between the property line and the edge of the parking lot as follows: a. Perimeter parking lot landscaping adjacent the road shall be at least ten (10) feet in width, as measured from the property line or edge of a private road to the back of curb. b. The primary plant materials used in perimeter parking lot landscaping adjacent the road shall be over story trees. Ornamental trees, shrubs, hedges and other plant materials may be used to supplement the over story trees, but shall not be the sole contribution to such landscaping. C. Perimeter parking lot landscaping along the rear and sides of a parking lot (not adjacent the road) shall be planted with a minimum of fifty percent (50%) ground cover approved by the city to achieve complete cover within two (2) years. Mulch may only be used around the base of the plant material to retain moisture. d. In lieu of, or in addition to, perimeter parking lot landscaping, a pedestrian wall along the perimeter of the parking lot may be constructed. The pedestrian wall is limited to four (4) feet in height, must be at least eighty percent (80%) opaque and must be architecturally compatible to the principal building or development. Over story trees are required at regular intervals along the road to help define the road edge, to buffer pedestrians from vehicles and to provide shade. The over story trees shall be located in a planting strip at least five (5) feet wide between curb and sidewalk, or in a planting structure of design acceptable to the city. Section 44-676. Lighting. All outdoor lighting shall be of a design and size compatible with the building and as specified in Section 44-19(c)(1) (outdoor lighting), except that light pole height maximum is limited to sixteen (16) feet. Section IV. This section adds Subdivision VII, Schedule No. VI, to Article III (sign regulations). Subdivision VII Schedule No. VI Section 44-990. Scope. This schedule No. VI applies to signs in the M -U mixed-use district. Article III (sign regulations) of the city code applies to the M -U mixed-use district unless specified differently below. Section 44-991. Sign review. The community design review board shall review all signage on new buildings or developments to ensure that the signs meet mixed-use sign requirements and are architecturally compatible with the new building or development. In addition, the community design review board shall review all comprehensive sign plans as required in Section 44-736 (comprehensive sign plan). City Council Meeting 02-23-04 17 All signage on mixed-use buildings or developments (buildings or developments previously approved and built with mixed-use design standards) shall be reviewed by the director of community development and shall be done in a manner that is compatible with the original scale, massing, detailing and materials of the original building. All signage on non -mixed-use buildings or developments (buildings or developments not built with mixed-use design standards) shall be reviewed by the director of community development and shall comply with the mixed-use sign requirements, unless classified as a pre-existing nonconforming sign in which case it shall comply with Section 44-12 (nonconforming buildings or uses). Section 44-992. Projecting signs. Projecting signs are allowed as part of the overall signage. Projecting signs may not extend more than four (4) feet over a public right-of-way and a private road or sidewalk, and must not project out further than the sign's height. Section 44-993. Overall wall signs. Allowable area of overall wall and projecting signage for each establishment is one and one-half (1 1/2) square feet of signage per lineal foot of building or frontage on a road, public open space or private parking area, or thirty (32) square feet, whichever is greater. Each wall shall be calculated individually and sign area may not be transferred to another side of the building. Minor motor vehicle stations with canopies are allowed to place signage on the canopy and the building as long as they do not exceed the requirements above. Wall and projecting signs shall not cover windows or architectural trim and detail. Section 44-994. Freestanding signs. One (1) freestanding sign for each establishment is allowed if the building is set back at least twenty (20) feet or more from the front property line. Freestanding signs must meet the following requirements: 1. Limited to six (6) feet in height and forty (40) square feet in area. 2. Maintain a five-foot (5') setback from any side or rear property line, but can be constructed up to the front property line. 3. Must consist of a base constructed of materials and design features similar to those of the front facade of the building or development. 4. Must be landscaped with flowers or shrubbery. Section 44-995. Prohibited signs. Signs painted directly on the wall of a building; reader boards located in permanent signage, except for reader boards advertising gasoline prices at minor motor vehicle stations; signs which advertise a product and not a specific business. Section IV. This ordinance shall take effect after the city publishes it in the official newspaper. Seconded by Councilmember Monahan-Junek Ayes -All City Council Meeting 02-23-04 18 Councilmember Rossbach moved to adopt the following resolution approving the comprehensive land use designations in the Hillcrest area from business commercial, single dwelling residential and church to mixed-use: RESOLUTION 04-02-032 COMPREHENSIVE LAND USE PLAN CHANGE WHEREAS, the City of Maplewood has requested a change to the city's comprehensive land use plan from business commercial (BC), single -dwelling residential (R-1), and church (C) to mixed-use (M -U) for the Hillcrest area. WHEREAS, this change applies to the Hillcrest area in the City of Maplewood, Minnesota. WHEREAS, the change applies to the following properties: Properties north of Larpenteur Avenue and south of Frost Avenue, along White Bear Avenue, North St. Paul Road, and Van Dyke Street as follows: All properties lying 295 feet west of White Bear Avenue from Larpenteur Avenue to the Frost Avenue; all properties lying 1,139 east of White Bear Avenue from Larpenteur Avenue to Ripley Avenue and North St. Paul Road including the following: Property Identification Address Nnmher 152922440085 1685 WHITE BEAR AVE N 142922330021 1698 WHITE BEAR AVE N 152922440015 1699 WHITE BEAR AVE N 142922330019 1705 VAN DYKE ST N 142922330014 1706 WHITE BEAR AVE N 152922440014 1709 WHITE BEAR AVE N 142922330020 1715 VAN DYKE ST N 152922440013 1717 WHITE BEAR AVE N 152922440012 1721 WHITE BEAR AVE N 152922440011 1733 WHITE BEAR AVE N 142922330011 1735 VAN DYKE ST N 142922330001 1740 VAN DYKE ST N 152922440010 1743 WHITE BEAR AVE N 142922330009 1750 WHITE BEAR AVE N 152922440019 1751 LARPENTEUR AVE E 152922440009 1753 WHITE BEAR AVE N 152922410002 1756 FROST AVE E 152922440018 1759 LARPENTEUR AVE E 152922440008 1759 WHITE BEAR AVE N 142922330024 1762 WHITE BEAR AVE N 152922440017 1763 LARPENTEUR AVE E 152922440007 1763 WHITE BEAR AVE N 152922440006 1769 WHITE BEAR AVE N 152922440005 1773 WHITE BEAR AVE N 152922440004 1779 WHITE BEAR AVE N 152922440003 1783 WHITE BEAR AVE N City Council Meeting 02-23-04 19 152922440002 1789 WHITE BEAR AVE N 152922440001 1799 WHITE BEAR AVE N 142922330013 1804 N ST PAUL RD E 152922410015 1805 WHITE BEAR AVE N 142922330012 1814 N ST PAUL RD E 142922330023 1815 WHITE BEAR AVE N 142922330006 1819 N ST PAUL RD E 152922410080 1829 WHITE BEAR AVE N 152922410013 1831 WHITE BEAR AVE N 142922330010 1834 N ST PAUL RD E 142922330016 1835 LARPENTEUR AVE E 142922330004 1847 LARPENTEUR AVE E 152922410012 1849 WHITE BEAR AVE N 142922330005 1851 N ST PAUL RD E 152922410011 1855 WHITE BEAR AVE N 152922410010 1865 WHITE BEAR AVE N 152922410009 1871 WHITE BEAR AVE N 152922410008 1883 WHITE BEAR AVE N 142922330003 1887 LARPENTEUR AVE E 152922410007 1895 WHITE BEAR AVE N 142922330002 1899 LARPENTEUR AVE E 152922410006 1899 WHITE BEAR AVE N 152922410005 1909 WHITE BEAR AVE N 152922410004 1913 WHITE BEAR AVE N 152922410003 1919 WHITE BEAR AVE N 152922410001 1925 WHITE BEAR AVE N WHEREAS, the history of this change is as follows: 1. On February 2, 2004, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the land use plan change. 2. On February 23, 2004, the city council discussed the land use plan changes. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described land use plan change for the following reasons: I. The land use plan change is based on eight specific Maplewood comprehensive plan land use and housing goals as follows: a. Provide for orderly development. b. Protect and strengthen neighborhoods. C. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. d. Minimize the land planned for streets. City Council Meeting 02-23-04 20 e. Minimize conflicts between land uses. f. Provide a wide variety of housing types. g. Provide safe and attractive neighborhoods and commercial areas. h. Plan multi -family housing with an average density of at least 10 units per acre. 2. The land use plan change is based on four specific Maplewood comprehensive plan land use policies as follows: a. Include a variety of housing types for all types of residents. b. Disperse moderate -income developments throughout the city near bus lines. C. Support innovative subdivision and housing design. d. Protect neighborhoods from activities that produce excessive noise, dirt, odors or which generate heavy traffic. Seconded by Councilmember Monahan-Junek Ayes -All Councilmember Rossbach moved to adopt the following zoning map resolution changing the zoning map for the Hillcrest area in the City of Maplewood from business commercial and single dwelling residential to mixed use: RESOLUTION 04-02-033 ZONING MAP CHANGE WHEREAS, the City of Maplewood has requested a change to the city's zoning map from business commercial (BC) and single -dwelling residential (R-1) to mixed-use (M -U). WHEREAS, this change applies to the Hillcrest area in the City of Maplewood, Minnesota. WHEREAS, the change applies to the following properties: Properties north of Larpenteur Avenue and south of Frost Avenue, along White Bear Avenue, North St. Paul Road, and Van Dyke Street as follows: All properties lying 295 feet west of White Bear Avenue from Larpenteur Avenue to the Frost Avenue; all properties lying 1,139 east of White Bear Avenue from Larpenteur Avenue to Ripley Avenue and North St. Paul Road including the following: Property Identification Number 152922440085 142922330021 152922440015 142922330019 142922330014 152922440014 142922330020 152922440013 152922440012 Address 1685 WHITE BEAR AVE N 1698 WHITE BEAR AVE N 1699 WHITE BEAR AVE N 1705 VAN DYKE ST N 1706 WHITE BEAR AVE N 1709 WHITE BEAR AVE N 1715 VAN DYKE ST N 1717 WHITE BEAR AVE N 1721 WHITE BEAR AVE N 152922440011 1733 WHITE BEAR AVE N City Council Meeting 02-23-04 21 142922330011 1735 VAN DYKE ST N 142922330001 1740 VAN DYKE ST N 152922440010 1743 WHITE BEAR AVE N 142922330009 1750 WHITE BEAR AVE N 152922440019 1751 LARPENTEUR AVE E 152922440009 1753 WHITE BEAR AVE N 152922410002 1756 FROST AVE E 152922440018 1759 LARPENTEUR AVE E 152922440008 1759 WHITE BEAR AVE N 142922330024 1762 WHITE BEAR AVE N 152922440017 1763 LARPENTEUR AVE E 152922440007 1763 WHITE BEAR AVE N 152922440006 1769 WHITE BEAR AVE N 152922440005 1773 WHITE BEAR AVE N 152922440004 1779 WHITE BEAR AVE N 152922440003 1783 WHITE BEAR AVE N 152922440002 1789 WHITE BEAR AVE N 152922440001 1799 WHITE BEAR AVE N 142922330013 1804 N ST PAUL RD E 152922410015 1805 WHITE BEAR AVE N 142922330012 1814 N ST PAUL RD E 142922330023 1815 WHITE BEAR AVE N 142922330006 1819 N ST PAUL RD E 152922410080 1829 WHITE BEAR AVE N 152922410013 1831 WHITE BEAR AVE N 142922330010 1834 N ST PAUL RD E 142922330016 1835 LARPENTEUR AVE E 142922330004 1847 LARPENTEUR AVE E 152922410012 1849 WHITE BEAR AVE N 142922330005 1851 N ST PAUL RD E 152922410011 1855 WHITE BEAR AVE N 152922410010 1865 WHITE BEAR AVE N 152922410009 1871 WHITE BEAR AVE N 152922410008 1883 WHITE BEAR AVE N 142922330003 1887 LARPENTEUR AVE E 152922410007 1895 WHITE BEAR AVE N 142922330002 1899 LARPENTEUR AVE E 152922410006 1899 WHITE BEAR AVE N 152922410005 1909 WHITE BEAR AVE N 152922410004 1913 WHITE BEAR AVE N 152922410003 1919 WHITE BEAR AVE N 152922410001 1925 WHITE BEAR AVE N WHEREAS, the history of this change is as follows: 1. On February 2, 2004, the planning commission recommended that the city council approve the rezoning change. 2. On February 23, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance City Council Meeting 02-23-04 22 to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described change in the zoning map for the following reasons: The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Juenemann Ayes -All A five-minute break was taken. 2. 9:15 p.m. Woodhill Subdivision (2516 Linwood Avenue) Conditional Use Permit for Planned Unit Development Preliminary Plat Zoning Map Change (F to R-1) a. City Manager Fursman presented the report. b. Associate Planner Roberts presented specifics from the report. C. Commissioner Dierich presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Bruce Nedegaard, representing Nedegaard Custom Homes Mary Dierich, speaking as a private concerned citizen e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for a planned unit development for the 15 -unit Woodhill development on the south side of Linwood Avenue: CONDITIONAL USE PERMIT RESOLUTION 04-02-034 City Council Meeting 02-23-04 23 WHEREAS, Mr. Bruce Nedegaard applied for a conditional use permit (CUP) for the Woodhill residential planned unit development (PUD). WHEREAS, this permit applies to the 15 -lot Woodhill development the city received on January 2, 2004. The legal description is: The North one-half of the West one-half of the NW 1/4 of the NE'/4 of Section, Township 28, Range 22, according to the US Government Survey thereof. and The North one-half of the West one-half of the West one-half of the East one-half of the NW 1/4 of the NE'/4 of Section 13, Township 28, Range 22, according to the US Government Survey thereof, in Section 13, Township 28, Range 22, Ramsey County, Minnesota. (The property to be known as Lots 1-6, Block 1 and Lots 1-9, Block 2 of Woodhill) WHEREAS, the history of this conditional use permit is as follows: On February 2, 2004, the planning commission recommended that the city council approve this permit. 2. On February 23, 2004, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit 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. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. City Council Meeting 02-23-04 24 The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: All construction shall follow the plans approved by the city. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. Such changes shall include: a. Revising the grading and site plans to show: (1) The developer minimizing the loss or removal of natural vegetation including keeping and protecting as many of the trees as possible. (2) Revised storm water pond locations and storm water system designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. 2. The proposed construction of the plat 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. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in the city engineer's memo dated January 22, 2004. 4. The approved setbacks for the principal structures in the Woodhill development shall be: a. Front -yard setback (from a public street right-of-way): minimum - 20 feet, maximum — 45 feet b. Front -yard setback (public side street right-of-way): minimum - 20 feet, maximum - none c. Rear -yard setback: 30 feet from any adjacent residential property line b. Side -yard setback: minimum - 10 feet from a property line and 20 feet minimum between buildings. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, install all retaining walls as required and any other site improvements required by the city engineer and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. Remove the house, any debris or junk from the site. City Council Meeting 02-23-04 25 6. The city council shall review this permit in one year. Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to approve the Woodhill preliminary plat (Received by the city on February 12, 2004). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all retaining walls, site landscaping and meet all city requirements. b. * Place temporary orange safety fencing and signs at the grading limits. c. Have Xcel Energy install Group V rate street lights in two locations - primarily at the street intersections and at the west end of the cul-de-sac. The exact style and location shall be subject to the city engineer's approval. d. Provide all required and necessary easements (including all utility easements and ten -foot drainage and utility easements along the front and rear lot lines of each lot and five-foot drainage and utility easements along the side lot lines of each lot). Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state that there shall be no mowing, vegetation cutting, filling, building, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these signs before the city issues building permits in this plat. f. Install survey monuments along the wetland and wetland buffer boundaries. g. Pay the city for the cost of traffic -control, street identification, wetland buffer and no parking signs. h. Provide all required and necessary easements, including any off-site easements. Demolish or remove the existing house and garage from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. j. Cap and seal all wells on site that the owners are not using; and remove septic systems or drainfields, subject to Minnesota rules and guidelines. k. Complete all curb on Linwood Avenue on the north side of the site. This is to replace the existing driveways on Linwood Avenue, and restore and sod the boulevards. 2. * Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo dated January 22, 2004, and City Council Meeting 02-23-04 26 shall meet the following conditions: a. The erosion control plans shall be consistent with the city code and shall be extremely detailed to the satisfaction of the city engineer. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) House pads that: Reduce the grading on sites where the developer can save large trees. This shall include following the project plans submitted to the city on February 12, 2004. The house pad locations on Lots 5, 6, 7 and 8, Block 2 shall meet the approved development setback requirements to more closely match the other house setbacks and orientation on the street. b. Meet the 100 -foot setback from the pipelines for Lot 6, Block 1 and Lot 1, Block 2. (4) The proposed street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood -fiber blanket, be seeded with a no -maintenance vegetation and be stabilized before the city approves the final plat. (6) Include the tree plan that: a. Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. b. Shows no tree removal beyond the approved grading and tree limits. (7) All retaining walls on the plans. Any retaining walls taller than 4 feet require a building permit from the city. (8) Sedimentation basins or ponds as required by the watershed district or by the city engineer. (9) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (10) As little grading as possible north and south of the proposed street. This is to keep as many of the existing trees on the site as is reasonably possible. City Council Meeting 02-23-04 27 (11) The pipelines and the 8 -foot -wide trail from the cul-de-sac to the south property line. c. The street and utility plans shall show: (1) The street with a width of 28 feet (with parking on one side), shall be a 9 -ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of the intersection at two percent. (2) The new street (Dahl Avenue) with continuous concrete ribbon curb, except where the city engineer determines that concrete curbing is necessary. (3) The completion or replacement of the curb on the south side of Linwood Avenue and the restoration and sodding of the boulevards. (4) Repair of Linwood Avenue (curb, street and boulevard) after the developer connects to the public utilities and builds the new street. (5) A set of utility services to the eastern part of the property at 2480 Linwood Avenue and public utility services to each new lot. (6) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). (7) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (8) The plan and profiles of the proposed utilities. (9) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. (10) The cul-de-sac with a minimum pavement radius of at least 42 feet. (11) Label Linwood Avenue and the new street as Dahl Avenue on all construction and project plans. d. The drainage plan shall ensure that there is no increase in the rate of storm water run- off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Submit drainage design calculations. e. A landscape plan for the areas along the street, including the rainwater gardens and the cul-de-sac island. The coniferous trees shall be at least six feet tall and any deciduous trees shall be at least 2'/2 inches in diameter. 3. Change the plat as follows: City Council Meeting 02-23-04 28 a. Add drainage and utility easements as required by the city engineer. b. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Label any common areas as outlots. d. Label the new street as Dahl Avenue on all plans. e. As may be necessary to ensure that houses on Lot 6, Block 1 and Lot 1, Block 2 would be at least 100 feet from the pipelines. 4. Pay for costs related to the engineering department's review of the construction plans. Secure and provide all required easements for the development including wetland buffer easements and any off-site drainage and utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond at the northwest corner of the plat. 6. The developer shall complete all site grading and retaining wall construction. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 7. Sign a developer's agreement with the city that guarantees that the developer or contractor will: Complete all grading for overall site drainage, install all retaining walls, install the landscaping for the rainwater gardens and the cul-de-sac island, install all other necessary improvements and meet all city requirements. b. * Place temporary orange safety fencing and signs at the grading limits. Provide for the repair of Linwood Avenue (street, curb and boulevard) after the developer connects to the public utilities. d. Meet all the requirements of the city engineer. Submit the homeowners' association bylaws and rules to the director of community development. These are to assure that there will be one responsible party for the maintenance of the common areas, landscaping and retaining walls. 9. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction with the final plat that prohibits any driveways on Lots 1 through 6, Block 1 and Lot 9, Block 2 from going onto Linwood Avenue. c. A covenant or deed restriction that prohibits any further subdivision or splitting of City Council Meeting 02-23-04 29 the lots or parcels in the plat that would create additional building sites unless approved by the city council. d. A covenant or association documents that addresses the proper installation, maintenance and replacement of the retaining walls. Deeds transferring the ownership of Outlots A and B to the city. The city will accept ownership of these outlots in lieu of charging PAC (park access charges) with the building permits. f. All wetland and wetland buffer easements. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 10. Obtain a permit from the Ramsey -Washington Metro Watershed District for grading. 11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 12. Submit to city staff a copy of the written permission from the pipeline company for any grading or construction within the pipeline easement. 13. The property owner shall submit a petition to the city requesting the installation of the public improvements. 14. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to adopt the followingzoning oning map change resolution from F (farm Residence) to R-1 (single Dwelling Residential) for the proposed Woodhill plat on the south side of Linwood Avenue: ZONING MAP CHANGE RESOLUTION 04-02-035 WHEREAS, Maplewood city staff is proposing to change the Maplewood zoning map from Farm Residence (F) to Single -Family Residential (R-1). WHEREAS, this change applies to the property located at 2516 Linwood Avenue in the north one-half of Section 13, Township 29, Range 22, in Maplewood, Minnesota. WHEREAS, the property owner is proposing to plat the property into 15 lots for single dwellings. WHEREAS, the proposed development is known as Woodhill and the new legal City Council Meeting 02-23-04 30 description will be: Lots 1 through 6, Block 1, and Lots 1 through 9, Block 2, Woodhill. WHEREAS, the history of this change is as follows: On February 2, 2004, the planning commission recommended that the city council approve the zoning map change. 2. On February 23, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described change in the zoning map for the following reasons: The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. The owner has plans to develop this property for lots for single-family houses. Seconded by CouncilmemberRossbach Ayes -All Councilmember Monahan-Junek moved to extend the meeting until the yZenda was completed. Seconded by Councilmember Juenemann Ayes All L AWARD OF BIDS None J. UNFINISHED BUSINESS None K. NEW BUSINESS City Council 02-23-04 31 On -Sale Intoxicating Liquor License — Bret Shogren, Chipotle Grill a. City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. C. Bret Shogren, the applicant was present for questions. Councilmember Koppen moved to approve the On -Sale Intoxicating liquor license for Bret Allen Shogren for Chipotle Grill at 2303 White Bear Avenue. Seconded by Councilmember Juenemann Ayes -All 2. On -Sale Intoxicating Liquor License — James Gartner, AMF Maplewood Bowl a. City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. C. James Gartner, the applicant was present for questions. Councilmember Koppen moved to approve the On -Sale Intoxicating liquor license for James Joseph Gartner for AMF Maplewood Bowl at 1955 English Street. Seconded by Councilmember Rossbach Ayes -All County Road D Realignment (TH 61 to Highridge Court), Project 02-08 — Resolution Approving Exchange Agreement with Trout Land LLC and Authorizing Commencing of Proceeding Subsequent for Right of Way Acquisition Agreement a. City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Koppen moved to adopt the following resolutions approving the Exchange Agreement with Trout Land, LLC, and approving authorization for proceeding subsequent action for the Old Trunk Highway 61 property RESOLUTION 04-02-036 APPROVING EXCHANGE AGREEMENT WITH TROUT LAND, LLC WHEREAS, pursuant to resolution of the council adopted February 9, 2004, the City Council ordered the construction of the County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08, and authorized the acquisition of the necessary right of way for the making of said improvement, WHEREAS, the City Attorney and City Engineer have prepared an agreement, called Exchange Agreement, with Trout Land, LLC for the exchange of property for the purpose of the necessary right of way for a portion of said improvement. City Council 02-23-04 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: Said Exchange Agreement is hereby adopted and approved. The Mayor and City Manager are authorized to execute the agreement signifying the City of Maplewood's approval. 2. Approval is contingent upon payment of proceeding subsequent costs by Trout Land, LLC for all attorney and staff costs, estimated at $12,000. RESOLUTION 04-02-037 AUTHORIZING PROCEEDING SUBSEQUENT ACTION FOR OLD HIGHWAY 61 PROPERTY WHEREAS, the State of Minnesota has quit claimed its easement interest to the old Highway 61 property to the City of Maplewood, said easement interest has encumbered the City's project, Project No. 02-08 for public benefit; WHEREAS, fee title to the Property is needed for orderly development within the City and for public health, safety and welfare; WHEREAS, the City is in the process of acquiring right-of-way necessary for its County Road D Realignment project, Project No. 02-08; WHEREAS, Trout Land, LLC is the fee owner of property that is necessary for right-of-way in order to complete Project No. 02-08; WHEREAS, Trout Land, LLC and the City have agreed to enter into an Exchange Agreement which provides for the necessary and proper construction of County Road D, where Trout Land, LLC will convey to the City required right-of-way in exchange for fee title to the old Highway 61 property; WHEREAS, the exchange between Trout Land, LLC and the City represents a fair market exchange of property and is in lieu of eminent domain proceedings pursuant to Minnesota Statute Section 117.0 1, et. al. of Trout Land, LLC's property; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA THAT: The City shall authorize the City Attorney to initiate the proceeding subsequent action in Ramsey County District Court required to obtain fee title to the old Highway 61 property. Seconded by Councilmember Monahan-Junek Ayes-Councilmember Juenemann, Koppen, Monahan-Junek and Rossbach Abstain -Mayor Cardinal 4. Preliminary Approval for Issuance of Refunding Bonds City Council 02-23-04 33 a. City Manager Fursman presented the staff report and specifics from the report. Councilmember Koppen moved to schedule a special meeting at 5:00 p.m. on March 18th for a bid award on the bond issue and adopted the following resolution providing preliminary approval for the sale of the bonds and authoring Springsted to solicit bids: RESOLUTION 04-02-038 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,930,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004A A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue its $2,930,000 General Obligation Refunding Bonds, Series 2004A (the "Bonds") to refund the (i) February 1, 2006 through February 1, 2016 maturities of the City's General Obligation Improvement Bonds, Series 1995A, dated September 1, 1995 and (ii) February 1, 2010 through February 1, 2021 maturities of the City's General Obligation Fire Safety Bonds, Series 2000A dated June 1, 2000; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and Briggs and Morgan, Professional Association ("Briggs"), as its bond counsel and Springsted is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1.Authorization; Findings. The City Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bons. 2.Meeting; Bid Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The City Clerk or her designee, shall open bids at the time and place specified in such Terms of Proposal. 3.Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the Terms of Proposal attached hereto as Exhibit A and hereby approved and made a part hereof. 4.Official Statement. In connection with said competitive negotiated sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. Seconded by Councilmember Juenemann Ayes -All City Council 02-23-04 34 5. Gladstone Neighborhood Development Moratorium (First Reading) a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Juenemann moved to adopt the First Reading of the following ordinance approving a development moratorium for the Gladstone Neighborhood, which will preclude any future development within the Gladstone strategic planning study area until the adoption of the SDP and land use changes by the city council, or within one year, whichever comes first and scheduled a bublic hearing for March 8. 2004: ORDINANCE NO. 846 AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND DEVELOPING BUILDING AND DESIGN STANDARDS FOR THE GLADSTONE NEIGHBORHOOD The area under consideration (hereinafter "Gladstone Neighborhood") includes land generally located along Frost Avenue and English Street in Maplewood as follows: properties south of the Gateway Trail, properties north of Frisbee Avenue, properties east of Phalen Place North, and properties west of Ide Street North (refer to Gladstone Neighborhood Strategic Planning Study Area map attached for exact location). The Maplewood City Council ordains: SECTION 1. PURPOSE 1.01 The City of Maplewood is conducting a strategic planning study that includes land use planning components for the Gladstone Neighborhood. 1.02 The objective of the study is to design a strategic development plan including drawings and design standards the city can use, along with city ordinances, to achieve a sustainable, livable center for this neighborhood. 1.03 In addition to the study, the city's zoning ordinance, zoning map, and comprehensive plan may need to be revised to reflect the following issues: - Land use - Building setbacks - Building height - Design standards for buildings - Pedestrian flow and safety - Parking - Streetscaping - Signage - Lighting - Landscaping - Housing density 1.04 There is a need for this study to be conducted so that the city can adopt changes to the city's zoning ordinance, zoning map, comprehensive plan, and design standards for the City Council 02-23-04 35 redevelopment of the Gladstone Neighborhood. SECTION 2. STRATEGIC PLANNING STUDY; MORATORIUM 2.01 The study is authorized by the city. City staff shall coordinate this study with the Metropolitan Council, hired consultants, Gladstone property and business owners, interested citizens, city council, and various city commissions and boards. 2.02 Upon completion of the study, it shall be presented to the planning commission and community design review board for their review and recommendation to the city council. 2.03 A moratorium on development in the Gladstone Neighborhood is adopted pending adoption of the study and any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study by the city council. The city will not approve any subdivision, building permit for the exterior construction of new buildings or additions, and freestanding signs during the moratorium period. SECTION 3. TERM 3.01 The term of this ordinance shall be for one year or until such time as the city council adopts the study and any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. SECTION 4. VARIANCES 4.01 Variances from this ordinance may be granted by the city council based upon a determination that a proposed subdivision or development would be compatible with proposed land use and zoning, and that such proposals would keep with the spirit and intent of this ordinance. The procedures to be followed in applying for a variance from this ordinance shall be in accordance with state law on findings for variances and shall include the following: a. The applicant shall file a completed application form, together with required exhibits, to the Community Development Department. b. The application for a variance shall set forth special circumstances or conditions which the applicant alleges to exist, and shall demonstrate that the proposed subdivision or development is compatible with existing or proposed land use and zoning. C. The application shall be submitted to the planning commission for their review and recommendation to the city council. d. The city council may in its discretion set a public hearing prior to making a final determination on the requested variance. The city council may impose such restrictions upon the proposed subdivision or development as may be necessary to comply with the purpose and intent of this ordinance. Seconded by Councilmember Monahan-Junek Ayes -All City Council 02-23-04 36 6. Parkway Lift Station Removal Improvements, Project 02-15 — Resolutions for Modification of Construction Contract (Change Order No. 2) and Acceptance of Proj ect a. City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Juenemann moved to adopt the following resolutions for the Parkway Lift Station Removal Improvements, City Project 02-14: Directing the Modification of the existing Construction Contract (Change Order No. 2) and acceptance of the Project: RESOLUTION 04-02-039 DIRECTING MODIFICATION OF CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-14, Parkway Lift Station Removal Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary that said final contract be modified and designated as Improvement Project 02-14, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 in the amount of $33,145.00. The final contract amount is $459,902.60. No revision to the project budget is required. RESOLUTION 04-02-040 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Parkway Lift Station Improvements, City Project 02-14, are complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 02-14 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. Seconded by Councilmember Monahan-Junek Ayes -All 7. Carlton Street Improvements, Project 03-22 — Resolutions for a. Approving Plans and Advertising for Bids b. Order Preparation of Assessment Roll a. City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Monahan-Junek moved to adopt the following resolutions for the City Council 02-23-04 37 Carlton Street Improvement, Project 03-22: Approving plans and advertising for Bids and Ordering the Preparation of the Assessment Roll: RESOLUTION 04-02-042 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on November 10th, 2003, plans and specifications for Carlton Street Improvement, Project 03-22, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 26th day of March, 2004, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 12th, 2004. RESOLUTION 04-02-043 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Carlton Street Improvements, City Project 03-22. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk and city engineer shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Koppen Ayes -All 8. Legacy Parkway, Hazelwood to Kennard, Project 03-26 — Resolution Accepting Report and Calling for Public Hearing City Council 02-23-04 38 a. City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution accepting the Preliminary Report for the Legacy Parkway Improvement (Hazelwood Street to Kennard Street), Project 03-26, and calling a Public Hearing for 7:00 p.m. on March 22, 2004: RESOLUTION 04-02-044 ACCEPTING REPORT CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted January 12, 2004, a report has been prepared under the direction of the city engineer with reference to the improvement of Legacy Parkway (Hazelwood to Kennard), City Project 03-26, and this report was received by the council on February 23, 2004, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, WHEREAS, the first segment of Legacy Parkway (Kennard to Southlawn) was ordered following a public hearing on September 8, 2003, and WHEREAS, the current proposed second segment of Legacy Parkway (Hazelwood to Kennard) will be included as part of one larger project if ordered following a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: The council will consider the improvement of such street and utilities 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 for the improvement of $1,115,500. 2. A public hearing shall be held on such proposed improvement on the 22nd day of March 2004 in the council chambers of 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 Rossbach Ayes -All 9. County Road D Realignment (TH 61 to Highridge Court), Project 02-08 — Resolution Approving Plans and Specifications for TH 61 Frontage Road and Utility Improvements a. City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution approving the plans and specifications for Phase 1 of the County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08, and authorizingreceipt eceipt of bids on City Council 02-23-04 39 March 31, 2004 at 10:00 a.m.: RESOLUTION 04-02-045 APPROVING PLANS AND SPECIFICATIONS /ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on February 9, 2004, plans and specifications for County Road D Realignment Improvements — Frontage Road and Utilities (TH 61 to Highridge Court), City Project 02-08, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 31st day of March, 2004, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 12, 2004. Seconded by Councilmember Koppen Ayes -All 10. County Road D Improvements (Southlawn to TH61), Project 02-07 — Resolution Approving Joint Powers Agreement with Cities of Vadnais Heights, Gem Lake and White Bear Lake, White Bear Township, Ramsey County and State of Minnesota for Alternative Transformer Haul Route for Xcel Energy a. City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution approving the Joint Powers Agreement with the Cities of Vadnais Heights, Gem Lake and White Bear Lake, the Township of White Bear, ,Ramsey County and the State of Minnesota for an Alternative Transformer Haul Route: RESOLUTION 04-02-046 APPROVING JOINT POWERS AGREEMENT WITH CITIES OF WHITE BEAR LAKE, VADNAIS HEIGHTS AND GEM LAKE WHITE BEAR TOWNSHIP City Council 02-23-04 40 RAMSEY COUNTY STATE OF MINNESOTA FOR ALTERNATIVE TRANSFORMER HAUL ROUTE FOR XCEL ENERGY WHEREAS, the City of Maplewood is proposing to complete the County Road D Realignment (Hazelwood Street to TH 61), City Proj ect 02-07 ("Proj ect"). The Proj ect includes the reconstruction and realignment of County Road D between Hazelwood Street and TH 61. The proposed improvements are further detailed in the attached Figure 1, County Road D Realignment (Council Approved Alignment 5-12-03); and WHEREAS, the Project will require the removal of a portion of the existing railroad track in the area south of I-694. It is the City of Maplewood's understanding, based upon information and belief, that the existing railroad track is owned by Burlington Northern Santa Fe Railroad (BNSF) which also has a lease agreement with Minnesota Commercial Railroad for a portion of the line; and WHEREAS, the portion of the existing railroad track to be removed currently serves only the Xcel Energy substation site along the west side of the railroad south of existing County Road D. Rail access is provided to the substation site for the delivery of transformer units in the event of the need for the installation of additional transformers or the replacement of failed transformers; and WHEREAS, a Joint Powers Agreement has been prepared and negotiated with the Cities of Vadnais Heights, Gem Lake, and White Bear Lake, the Township of White Bear, Ramsey County and the State of Minnesota for an Alternative Transformer Haul Route for Xcel Energy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Said Joint Powers Agreement is herby approved and the Mayor and City Manager are hereby authorized to sign said agreement signifying the City of Maplewood approval. Seconded by Councilmember Monahan-Junek Ayes -All 11. County Road D Improvements (Southlawn to TH 61), Project 02-07 — Resolution Approving Memorandum of Agreement with Xcel Energy for Alternative Transformer Haul Route a. City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution approving the Memorandum of Agreement for Xcel Energy for an Alternative Transformer Haul Route: RESOLUTION 04-02-041 City Council 02-23-04 41 APPROVING MEMORANDUM OF AGREEMENT WITH XCEL ENERGY CORPORATION FOR ALTERNATIVE TRANSFORMER HAUL ROUTE WHEREAS, the City of Maplewood is proposing to complete the County Road D Realignment (Hazelwood Street to TH 61), City Proj ect 02-07 ("Proj ect"). The Proj ect includes the reconstruction and realignment of County Road D between Hazelwood Street and TH 61. The proposed improvements are further detailed in the attached Figure 1, County Road D Realignment (Council Approved Alignment 5-12-03); and WHEREAS, the Project will require the removal of a portion of the existing railroad track in the area south of I-694. It is the City of Maplewood's understanding, based upon information and belief, that the existing railroad track is owned by Burlington Northern Santa Fe Railroad (BNSF) which also has a lease agreement with Minnesota Commercial Railroad for a portion of the line; and WHEREAS, the portion of the existing railroad track to be removed currently serves only the Xcel Energy substation site along the west side of the railroad south of existing County Road D. Rail access is provided to the substation site for the delivery of transformer units in the event of the need for the installation of additional transformers or the replacement of failed transformers; and WHEREAS, a Memorandum of Agreement has been prepared and negotiated with the Xcel Energy to provide for an Alternative Transformer Haul Route through a Joint Powers Agreement previously approved by City Council resolution on February 23, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Said Memorandum of Agreement with Xcel Energy is hereby approved and the Mayor and City Manager are hereby authorized to sign said agreement signifying the City of Maplewood approval. Seconded by Councilmember Koppen Ayes -All L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS Maplewood Mall -Police Chief Thomalla explained that the recent published statistics that claimed the City of Maplewood had the number one city ranking for car thefts from the mall actually included theft of cars and theft from cars. 2. Pioneer Press -Mayor Cardinal noted that the Pioneer Press is now including the City Council 02-23-04 42 City of Maplewood's City Council agenda in their publication. Ramsey County Suburban Court Facility -Assistant City Manager Coleman stated that staff is in the process of preparing a response to the RFP (Request for Proposal). 4. 800 MHZ Update-Councilmember Juenemann provided an update from the meeting that was held on the 19th of February. 5. MLC Leadership Conference-Councilmember Juenemann attended this conference and noted the theme was Contemporary Trends in Local Government. The two main focus items were: Modernizing the Organization and Community Building. N. ADMINISTRATIVE PRESENTATIONS The Council/Staff Retreat will be held on March 3, 2004 at the Minnesota Humanities Commission at 987 East Ivy, St. Paul from 8:00 a.m. to 5:00 p.m. 2. The Council/Manager Workshop will be held March 1, 2004 from 5:00 p.m. to 7:00 p.m. in the Maplewood Room. O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 11:18 p.m. Seconded by Councilmember Juenemann Ayes - All City Council 02-23-04 43 P t4 Agenda Item #G9 MEMORANDUM TO: Richard Fursman, City Manager F-- Steve Hurley, IT Director - 4 Dain; February 23, 2004 Re: Purchase Large Scale Scanner Introduction The IT Department is requesting the purchase of a wide format scanner BackLyround As a part of the City's document management initiative, a scanner capable of digitizing large format documents, maps and drawings is needed. Three methods getting documents into a digitized form were reviewed - outsource, lease and purchase. Purchasing is more cost effective than leasing or outsourcing and has much less impact on day to day city operations than outsourcing. In accordance with City purchasing procedures, items costing in excess of $15,000 require City Council approval. Two quotations have been received on a Ricoh FW470. One from Metro Sales in the amount of $29,618.72, the other from T -Square Reprographics for $31,503.87. Both include tax, shipping and installation. Recommendation It is recommended that Council approve purchase of a Ricoh FW470 scanner from Metro Sales in the amount of $29,618.72. Funds to come from Data Processing fund 703-1540.