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2002 05-28 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Tuesday, May 28, 2002 Council Chambers, Municipal Building Meeting No. 02 -11 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes of Council /Manager Workshop May 13, 2002 . 2. Minutes of City Council Meeting, May 13, 2002, Meeting 02 -09 E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Community Design Review Board Appointment G. , CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Water Utility Board of Commissioners 3. Resolution Adoption for LCDA Opportunity Grant - English Street /Frost Avenue Neighborhood 4. Conditional Use Permit Review - Maplewood Fire Station Number 2 (1955 Clarence Street) 5. Conditional Use Permit Review - Wheeler Lumber Outdoor Storage Yare (English St. and Gervais Ave.) 6. Temporary Gambling License -St. Paul East Parks Lions Club 7. Temporary 3.2 Beer Permit -St. Paul East Parks Lions Club 80 Temporary Intoxicating Liquor and Temporary Food - Junior Achievement 9. EMS Coats -Fire Department 10. Lifeguard Services - Bellaire Beach, White Bear Township H. PUBLIC HEARINGS 1. 7:00 Conditional Use Permit- Oversized Accessory Building (Schlomka) -1481 Henry Lane 2. 7:15 House Moving Request (Crockett) - Sylvan Street 3. 7:30 Kline Nissan Vehicle Dealership -3100 Maplewood Drive A. Wetland Setback Variance B. Conditional Use Permit C. Design Approval 4. 7:45 Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue) A. Conditional Use Permit for a Planned Unit Development (PUD) B. Street Right -Of -Way and Easement Vacations C. Preliminary Plat I. AWARD OF BIDS J. UNFINISHED BUSINESS K. NEW BUSINESS 1. Intoxicating Liquor License -Nico Kotsopoulos -Mama Mia's -3094 White Bear Avenue 2. Eldridge Avenue Improvements- McMenemy to Desoto, City Project 01 -29: Resolution Accepting Feasibility Report and Calling Public Hearing 3. Joy Road and TH 120 Signal System Improvements, City Project 02 -01: Approve Memorandum Of Understanding for Right of Way Purchase by 1VInDOT 4. County Road DExtension- Hazelwood to TH 61, City Project 02 -07: Approve Request to Xcel Energy for Project Participation 5. Edgerton- Roselawn Signal System, City Project 02 -05: Concur with Bid Award by Ramsey County 6. Trunk Highway 120 Turnback, Lower Afton Road to Woodbine Avenue: Resolution of Municipal Concurrence of County State Aid Highway System Designation L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS 1. 2. 3. N. ADMINISTRATIVE PRESENTATIONS 1. 2. 3. O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk =s Office at (651) 770 -4523 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. A09NDA TrW DRAFT-MINUTES CITY CO NCIL /MANAGER WORKSHOP Monday, May 13, 2002 Council Chambers, City Hall 6:00 p.m. A. CALL TO ORDER B. ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen A. Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present Action by Council Date Endot 3 _ :_i 1 Modred Reje,cted,, W,, _ ...:.: -.�..� Others Present: City Manager Fursman Assistant City Manager Coleman City Clerk Guilfoile Human Resources Director Le Assistant Community Development Director Ekstrand C. APPROVAL OF AGENDA Councilmember Wasiluk moved to approve the agenda as presented. Seconded by Councilmember Collins Ayes -All D. NEW BUSINESS 1. Civil Service Commission Interviews The Council interviewed and appointed Clayton Robinson to the Police Civil Service Commission. Mr. Robinson's term will expire December 31, 2002. 2. Cable Commission Interviews The Council interviewed three candidates for the Ramsey- Washington Suburban Cable Commission. The council appointed Kim Facile to the position with her term ending December 31, 2004. - Council/Manager Workshop 05 -13 -02 1 3. Update - Larpenteur Avenue Redevelopment Assistant Community Development Director Ekstrand updated the council on the current status of the Larpenteur Avenue Redevelopment project. The council directed staff to continue with the parcel planning and that the townhouse approach seemed appropriate for the area. E. FUTURE TOPICS 1. Exploring the Possibilities of a Sister City 2. Ordinance Regulating Buckthorn F. ADJOURNMENT Councilmember Collins moved to adjourn the meeting at 6:54 p.m. Councilmember Juenemann seconded. Ayes -All Council/Manager Workshop 05 -13 -02 2 AGENDA ffEm NO DRAFT--MINUTES A. B. C. Ito MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 13, 2002 Council Chambers, Municipal Building Meeting No. 02 -09 CALL TO ORDER: Action by Council D ate rp ]Endoi _ 1 Modified Rejected A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present APPROVAL OF MINUTES Councilmember Juenemann moved to approve the Minutes of the April 22, 2002 City Council /Manager's Workshop as presented. Seconded by Councilmember Collins Ayes -Mayor Cardinal, Councilmembers Collins, Juenemann, And Wasiluk Abstain - Councilmember Koppen Councilmember Wasiluk moved to approve the City Council Minutes of April 2002, Meeting 02 -08, as nm P d Prl Seconded by Councilmember Juenemann Ayes -Mayor Cardinal, Councilmembers Collins, Juenemann, And Wasiluk Abstain - Councilmember Koppen E. - APPROVAL OF AGENDA G14. Temporary Gambling Permit Keller Golf Course J2. Rescheduled J3. Rescheduled K2. Tabled K8. Tabled K2. RFP for Prosecution Services MI. Scholarships M2. Phosphorus Ordinance M3. National Police Week City Council Meeting 05 -13 -02 1 M5. Cable Commission Report Councilmember Collins moved to approve the Agenda as amended. Seconded by Councilmember Wasiluk Ayes -All F. APPOINTMENTS /PRESENTATIONS 1. Civil Service Commission Appointment Councilmember Collins moved to appoint Clayton Robinson to the Police Civil Service Commission. The term for this vacancy expires December 31, 2002. Seconded by Councilmember Wasiluk Ayes -All 2. Cable Commission Appointment Councilmember Juenemann moved to appoint Kim Facile to the Ramsey - Washington Suburban Cable Commission with the term ending December 31, 2004. Seconded by Councilmember Collins Ayes -All 3. Ramsey County Library Representatives a. Mayor Cardinal presented the staff report. b. The following persons were heard: Matthew Anderson, President, Ramsey County Library Board of Trustees Catherine Moore, Vice - President, Ramsey County Library Board of Trustees Sandy Walsh, Regional Manager, Maplewood Library Councilmember Wasiluk moved to approve the following resolution: RESOLUTION 02 -05 -075 Ramsey County Library - -City of Maplewood WHEREAS, the City of Maplewood and its residents benefit from and appreciate the services an resources provided by the Ramsey County Library; and WHEREAS, approximately 16,324 of Maplewood residents are current Ramsey County Library cardholders and even more benefit form the Library's programs and activities; and WHEREAS, without sufficient resources, the Ramsey county Library would able t reduce its services and accessibility to residents. THEREFORE, the City of Maplewood hereby acknowledges its support for the Ramsey County Library's 2003 request to maintain current levels of operation at its facilities. Seconded by Councilmember Juenemann Ayes -All City Council Meeting 05 -13 -02 2 G, CONSENT AGENDA Councilmember Koppen moved to approve the Consent Agenda Items 1,2,4 -12, and 14 as presented. Seconded by Councilmember Wasiluk Ayes -All Councilmember Collins moved to approved agenda item #3 as presented. Seconded by Councilmember Koppen Ayes -All Councilmember Koppen moved to approve agenda item # 13 as presented. Seconded by Councilmember Juenemann Ayes -All 1. Approval of Claims ACCOUNTS $2,497.00 Checks #57538 thru #57539 dated 4/16/02 $15,317.26 Checks #57540 thru #57571 dated 4/23/02 $99,053.37 Disbursements via debits to checking account dated 4/12 thru 4/22/02 $149,951.09 Checks #57572 thru #57632 dated 4/30/02 $207,842.90 Disbursements via debits to checking account dated 4/19 thru 4/29/02 $617 Checks #57633 thru #57697 dated 5/3 thru 5/7/02 $143,223.68 Disbursements via debits to checking account dated 4/26 thru 5/6/02 $1,235,157.30 Total Accounts Payable $477,191.13 Payroll Checks and Direct Deposits dated 4/26/02 $30,235.53 Payroll Deduction checks #88834 thru #88839 dated 4/26/02 $507,426.66 Total Payroll $1,742,583.96 GRAND TOTAL City Council Meeting 05 -13 -02 3 2. . Retiree Health Saving Plan Adopted the following resolution establishing Retiree Health Savings (RHS) plan: (2) authorized the HR Director and City Manager to negotiate the details of the plan with specific provisions for each interested employee group; and (3) authorized staff to execute the appropriate legal and administrative agreements with the ECMA Retirement Corporation and Zenith Administrators, Inc. to manage and administer the RHS plan. RESOLUTION 02 -05 -076 VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN RESOLUTION FOR ADOPTION OF THE VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN Name of Employer: City of Maplewood State: Minnesota Resolution of the City of Maplewood (the "Employer "): WHEREAS, the Employer has employees rendering valuable services; and WHEREAS, the establishment of a retirement health savings plan for such employees serves the interests of the Employer by enabling it to provide reasonable security regarding such employees' health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the establishment of a retiree health savings plan to be administered by the ICMA Retirement Corporation and/or its affiliates serves the above objectives; and WHEREAS, the Employer desires that its retiree health savings plan (the "Plan ") be administered by the ICMA Retirement Corporation and /or its affiliates; NOW, THEREFORE BE IT RESOLVED, that the Employer hereby adopts the Plan in the form of the ICMA Retirement Corporation's VantageCare Retirement Health Savings Plan. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose. BE IT FURTHER RESOLVED, that the Human Resource Director shall be the coordinator and contact for the Plan and shall receive necessary reports, notices, etc. 3. Resolution of Appreciation -Eric Ahlness Adopted the following resolution of appreciation for the resignation of Eric Ahlness from the Maplewood Planning Commission: City Council Meeting 05 -13 -02 4 RE SOLUTION 02 -05 -077 JOINT RESOLUTION OF APPRECIATION WHEREAS, Eric Ahlness has been a member of the Maplewood Planning Commission since December 11, 2000 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning 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 Eric Ahlness is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. 4. Correction of March 25, 2002 City Council Minutes Deleted Condition 3b of the March 25, 2002 minutes of the Hillcrest Animal Hospital reconstruction approval. 5. TSE, Inc. Gambling Resolution Adopted the following resolution renewing the lawful gambling license for The Chalet Lounge and Restaurant, 1820 Rice Street. RESOLUTION 02 -05 -086 Lawful Gambling BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the annual permit for lawful gambling is approved for TSE, Inc. to operate at the Chalet Lounge, 1820 Rice Street. 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. City Council Meeting 05 -13 -02 6. Contingency Funds - Meeting Tables for Council Chambers Approved a transfer from contingency funds for 12 tables and a storage rack that will be available for meetings held in Council Chambers. 7. Temporary Gambling -VFW Post 8901 - Ramsey County Fair Approved the application for a temporary gambling license for VFW Post 8901. RESOLUTION 02 -5 -087 Temporary Gambling Permit BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for VFW Post 8901, 1946 English Street, Maplewood, Minnesota. 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. 8. Temporary Food Permit -Fee Waiver - Maplewood Athletic Association Approved the application for a temporary food permit and waive the permit fees for the Maplewood Athletic Association. 9. Contingency Funds - Copier Replacement Deputy Registrar Approved the replacement of the copier in the City Clerk Department and that funds be transferred form the contingency account not to exceed $3,200 for the purchase. 10. Food Establishment Fee Reduction - Aldrich Arena Approved the Food Establishment Licenses for the Aldrich Arena flea marketa and approved the fees at one half of the $576 annual fee. 11. Safety Coordinator Position -Fire Department Approved the position of safety coordinator in the Fire Department with a yearly stipend $600. The $600 will be obtained within budget transfers within the Fire Department and will not affect or increase the Fire Department 2002 budget. City Council Meeting 05 -13 -02 6 12. Increase in New Recruit Pay -Fire Department Approved an increase of starting pay for the fire departments new recruits from $5.00 per call to $8.00 per call. 13. Funds for Capacitor at MCC Approved monies from the community center's contingency fund to be used for installing a new capacitor at the Maplewood Community Center. 14. National Investor Relations Institute- Temporary Gambling Permit Approved the application for a temporary gambling permit for National Investors Relations Institute (NIRI). RESOLUTION 02 -05 -088 Temporary Gambling Permit BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for the National Investor Relations Institute (NIRI), 8020 Towers Crescent Drive, Vienna, Virginia. 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. H. PUBLIC HEARINGS 1. 7:00 P.M. (7:26) Gladstone Park Addition A. Land Use Plan Amendment -P (Park) to R -1 (Single Dwellings) B. Vacations C. Preliminary Plat a. Mayor Cardinal convened the meeting for a public hearing. b. Assistant Community Development Director Ekstrand presented the specifics of the report. C. Parks and Recreation Director Anderson provided further specifics of the report. d. Commissioner Ledvina presented the Planning Commission Report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Peter Fischer, Parks and Recreation Board, 2443 Standridge, Maplewood City Council Meeting 05 -13 -02 7 Bill Priebe, 1366 Eldridge Ave. E., Maplewood f. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the following resolution approving the changes in land use and vacation of properties for the proposed Gladstone Park Addition plat: RESOLUTION 02 -05 -078 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Bruce Anderson, representing the Maplewood Parks and Recreation Department, proposed a change to the city's land use plan from P (park) to R -1 (single dwellings). WHEREAS, this change applies to: Lots 12 -21, Block 20 and Lots 1- 10. Block 21, all in S abin Addition, together with adj acent vacated alleys and streets, in Section 15, Township 29, Range 22, Ramsey County, Minnesota. (The property to be known as Lots 1 -7 of the proposed Gladstone Park Addition) WHEREAS, the history of this change is as follows: 1. On April 15, 2002, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this change. 2. On May 13, 2002, the city council discussed the proposed land use plan change. 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 change because it would: 1. Be consistent with the goals and objectives of the comprehensive plan. 2. Eliminate the planned park that would have been between two residential areas. 3. Be consistent with the proposed zoning and land uses. 4. Provide for orderly development of land uses. 5. Help minimize conflicts between land uses. 6. Provide additional moderately priced housing stock. 7. Allow for the construction of an in -fill residential housing development in the city. RESOLUTION 02 -05 -079 VACATION RESOLUTION WHEREAS, the City of Maplewood applied for the vacation of the following: 1. The Burke Avenue right -of -way, between the east right -of -way line of English Street and the west line of the former Northern Pacific railroad right -of -way (the Ramsey County Trail) as platted as part of Blocks 20 and 21, Sabin Addition in Section 15, Township 29, Range 22 West, Ramsey County, Minnesota. City Council Meeting 05 -13 -02 2. The alley in Block 20 of the Sabin Addition between of the east right -of- way of English Street and the west line of the former Northern Pacific railroad right -of -way (the Ramsey County Trail) in Section 15, Township 29, Range 22 West, Ramsey County, Minnesota. WHEREAS, the history of this vacation is as follows: 1. On April 15, 2002, the planning commission recommended that the city council approve these vacations. 2. On May 13, 2002, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves these vacations, public interest in the property will go to the following abutting properties: 1. For the Burke Avenue right -of -way, Lots 12 through 21, Block 20 and Lots 1 through 10, Block 21, Sabin Addition. (PINS 15- 29 -22 -22 -0041 and 15- 29 -22 -22 -0042) 2. For the alley, Lots 7 through 11, Block 20, Sabin Addition (PIN 15- 29 -22 -22 -0040) and Lots 12 through 21, Block 20, Sabin Addition. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described vacations for the following reasons: 1. It is in the public interest. 2. The existing street right -of -way does not fit the location of the proposed street layout. 3. The city will be dedicating a new right -of -way and new easements with the proposed plat. 1. The city council shall order the public improvement project for the Gladstone Park development. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail and street plans. The plans shall show the lot design and layout consistent with the preliminary plat. 3. Paying for costs related to the engineering department's review of the construction plans. 4. Change the plat to show the street as Burke Circle. 5. Secure and provide all required easements for the development including any off -site drainage and utility easements. 6. Obtain a permit from the Ramsey- Washington Metro Watershed District for grading. 7. Record the following with the final plat: a. A covenant or deed restriction with the final plat that prohibits the driveways on Lots 1 and 7, Block 1 from going onto English Street. b. An 18- foot -wide easement for the trail across the southern parts of Lots 5, 6 and 7. City Council Meeting 05 -13 -02 9 The applicant shall submit the language for these covenants or restrictions to the city for approval before recording. 8. If the developer decides to final plat a 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 Juenemann Ayes -All I. AWARD OF BIDS 1. Maple Hills Lift Station Relocation, Project 02 -04: Resolution for Award of Bids a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Collins moved to award the bid for the Maple Hills Lift Station Relocation, City Project 02 -04 to Don Zappa and Son Excavating for $ 149,004. Seconded by Councilmember Juenemann Ayes -All 2. Maplewood in Motion Printing Bid a. City Manager Fursman presented the staff report. b. Parks and Recreation Director Anderson presented the specifics of the report. Councilmember Koppen moved to award the bid for the printing of Maplewood in Motion to Nystrom Publishing in the amount of $38, 395. Seconded by Councilmember Juenemann Ayes -All J. UNFINISHED BUSINESS 1. County Road D Improvements, Project 01-15: Consider Adjustments to Assessment Roll a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Collins moved to approve the following resolution for the adoption of the revised assessment roll for the County Road D Improvements: City Council Meeting 05 -13 -02 10 RESOLUTION 02 -05 -080 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on March 25, 2002, the assessment roll for County Road D Improvements, City Proj ect 01 -15, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, six property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Helen Mehsikomer, 2205 E. Cty Rd D; requests senior citizen and future development deferment. 2. David Huebl, 2191 E. Cty Rd D; requests deferment on future development property. 3. Helen Dorle, 2091 E. Cty Rd D; requests senior citizen deferment. 4. Patricia A Parker and Laura T. Harper, 2075 E. Cty Rd D; requests future development deferment and requests elimination of commercial property assessment. 5. MR Duncan Family Trust c/o Paul Haj icek, 2000 E. Cty Rd D; requests a review of water service assessment due to connection ability on Ariel Street. 6. Leslie C and Lucille M Hause, 2090 E. Cty Rd D; are in Florida and just received this as first notice. Object to the project as not needed. Object to commercial assessment. Request senior citizen deferment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the County Road D Improvements, Proj ect 01 -15 : 1. Helen Mehsikomer, 2205 E. Cty Rd D; per agreement with property owner; remove the assessment for 4 water /sewer frontage and service amounts and establish cash connection charges to be collected at building permit due to unknown development potential. 2. David Huebl, 2191 E. Cty Rd D; per agreement with property owner, remove 1 unit of utility assessment; establish cash connection charges; agree to pay assessment if future property subdivision. 3. Helen Dorle, 2091 E. Cty Rd D; grant senior citizen deferment. 4. Patricia A Parker and Laura T. Harper, 2075 E. Cty Rd D; grant future development deferment subject to agreement to be approved by City Engineer. 5. MR Duncan Family Trust c/o Paul Hajicek, 2000 E. Cty Rd D; grant removal of water service assessment as not needed; establish cash connection fee if needed. 6. Leslie C and Lucille M Hause, 2090 E. Cty Rd D; grant future development deferment subject to agreement to be approved by City Engineer. Deny request to remove commercial assessment as property is on the market. Deny senior citizen deferment, as property is not homestead as required by law. B. The assessment roll for the County Road D Improvements as amended is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2003 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2002. To each subsequent installment when due shall be added interest for one year on all unpaid installments. City Council Meeting 05 -13 -02 11 D. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than July 31, 2002, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after July 31, 2002, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. E. The city engineer and city clerk shall forthwith after July 31, 2002, but no later than August 31, 2002, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Juenemann Ayes -All 2. Gladstone South Neighborhood Street Improvements, Project 0-03: Revise Date for Assessment Hearing, Bid Opening and Award of Bids a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Juenemann moved to approve the following resolution approving revising the bid opening to May 14, 2002, and the assessment hearing and award of contract to May 20, 2002, for the Gladstone South Neighborhood Street Improvements, Project 00-03: RESOLUTION 02 -05 -081 APPROVING REVISED BID OPENING DATE APPROVING REVISED ASSESSMENT HEARING DATE APPROVING REVISED AWARD OF BID CONSIDERATION WHEREAS, pursuant to resolution passed by the city council on April 8, 2002, a date of May 7, 2002, was set for opening of bids for the Gladstone South Neighborhood Street Improvement Project, Project 00 -03, and WHEREAS, pursuant to resolution passed by the city council on April 8, 2002, a date of May 13, 2002, was set to hold the assessment hearing for the Gladstone South Neighborhood Street Improvement Project, Project 00 -03, and WHEREAS, pursuant to resolution passed by the city council on April 8, 2002, a date of May 13, 2002, was set to consider the bids for the Gladstone South Neighborhood Street Improvement Project, Project 00 -03, and WHEREAS, a clerical error occurred such that legal notice as required by resolution did not occur for proper notification of said items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: City Council Meeting 05 -13 -02 12 1. Bids will be publicly opened and considered at 10:00 a.m. on the 14th day of May, 2002, 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. 2. 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 May 20, 2002. 3. A hearing shall be held on the 20th day of May, 2002, at the city hall at 6:45 p. m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. Seconded by Councilmember Wasiluk Ayes -All 3. English Street Improvements, Project 01 -14: Revise Date for Assessment Hearing, Bid Opening and Award of Bids a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Juenemann moved to approve the following resolution approving revising the bid opening to May 10, 2002, and the assessment hearing and award of contract to May 20, 2002 for English Street Improvements, Proj ect 01 -14: RESOLUTION 02 -05 -082 APPROVING REVISED BID OPENING DATE APPROVING REVISED ASSESSMENT HEARING DATE APPROVING REVISED AWARD OF BID CONSIDERATION WHEREAS, pursuant to resolution passed by the city council on April 8, 2002, a date of May 3, 2002, was set for opening of bids for English Street Improvements, Frost Avenue to Cope Avenue, Proj ect 01 -14, and WHEREAS, pursuant to resolution passed by the city council on April 8, 2002, a date of May 13, 2002, was set to hold the Assessment Hearing for English Street Improvements, Frost Avenue to Cope Avenue, Proj ect 01 -14, and WHEREAS, pursuant to resolution passed by the city council on April 8, 2002, a date of May 13, 2002 was set to consider the bids for English Street Improvements, Frost Avenue to Cope Avenue, Proj ect 01 -14, and WHEREAS, a clerical error occurred such that legal notice as required by resolution did not occur for proper notification of said items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: City Council Meeting 05 -13 -02 13 1. Bids will be publicly opened and considered at 10:00 a.m. on the 10th day of May, 2002, 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. 2. 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 May 20, 2002. 3. A hearing shall be held on the 20th day of May, 2002, at the city hall at 6:30 p. m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. Seconded by Councilmember Wasiluk Ayes -All K. NEW BUSINESS 1. 2003 -2007 Capital Improvement Plan (4 Votes) a. City Manager Fursman presented the staff report. b. Finance Director Faust presented the specifics of the report and a video of the proposed plan. Councilmember Koppen moved to adopt the following resolution adopting the 2003 -2007 Capital Improvement Plan: RESOLUTION 02 -05 -083 CAPITAL IMPROVEMENT PLAN WHEREAS, the 2003 -2007 Capital Improvement Plan coordinates the timing and financing of major equipment purchases and construction projects, and WHEREAS, the 2003 -2007 C.I.P. is a planning tool for City staff and elected officials, and WHEREAS, it is important to follow the construction and financing schedule on pages 1 -10 and 1 -11 in the C.I.P. in order to fully utilize the City's engineering staff and minimize the need for consultant engineers, and NOW THEREFORE, BE IT RESOLVED, that the 2003 -2007 C.I.P. is hereby adopted as a planning document, and BE IT FURTHER RESOLVED, the construction and financing schedule on pages 1 -10 and 1 -11 in the C.I.P. will be followed to the greatest extent possible. Seconded by Councilmember Juenemann Ayes -All 2. RFP- Prosecution Services a. City Manager Fursman presented the staff report and presented the specifics of the report. City Council Meeting 05 -13 -02 14 Mayor Cardinal moved to approve the RFP and the timetable as presented. Seconded by Councilmember Juenemann Ayes -All 3. Allocation of Charitable Gambling Funds a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented the specifics of the report. Councilmember Collins moved to approve $4,400 in charitable gambling funds be allocated to Maplewood Historical Society. Seconded by Councilmember Wasiluk Ayes -All Councilmember Wasiluk moved to approve $30,000 in charitable _ ambling funds be allocated to Non- profit /501 ( 6) room rental at the Maplewood Community Center. Seconded by Mayor Cardinal Ayes -Mayor Cardinal, Councilmembers Koppen, Juenemann, Wasiluk Nays - Councilmember Collins Councilmember Collins moved to approve $5,000 in charitable gambling funds be allocated to Weaver Elementary School. Seconded by Councilmember Wasiluk Ayes -All Councilmember Koppen moved to approve $4,500 in charitable gambling funds be allocated to the Ramsey County Fair. Seconded by Councilmember Wasiluk Ayes -All Mayor Cardinal moved to deny $3,000 in charitable gambling funds to the Maplewood Police Reserves. Seconded by Councilmember Collins Ayes -Mayor Cardinal, Councilmember Collins, Wasiluk Juenemann Nays - Councilmember Koppen Councilmember Collins moved to approve $4,000 in charitable gambling funds be allocated to the Maplewood Police Explorers. Seconded by Councilmember Juenemann Ayes -All Councilmember Koppen moved to approve $5,000 in charitable gambling funds be allocated to the Citizen Police Academy. Funds are to be used if needed to pay for room rental at the Community Center. Seconded by Councilmember Juenemann Ayes -All City Council Meeting 05 -13 -02 15 4. Request to Reduce City Fee for Rental Housing Revenue Bonds a. City Manager Fursman presented the staff report. b. Finance Director Faust presented the specifics of the report. Councilmember Collins moved to deny the request from Lexington Investment Company to reduce the city fee on rental housing revenue from $28,600 to $7,500. Seconded by Councilmember Juenemann Ayes -All 5. 2002 Park Dedication Rates a. City Manager Fursman presented the staff report. b. Parks and Recreation Director Anderson presented the specifics of the report. C. The following person was heard: Peter Fischer, Parks and Recreation Chairperson Councilmember Koppen moved to increase the park dedication rates to $450 per individual with the rates extrapolated as - per the enclosure and the commercial rate remain at nine percent of the fair market value. Seconded by Councilmember Wasiluk Ayes -All 6. Name for Neighborhood Open Space Preserves a. City Manager Fursman presented the staff report. b. . Parks and Recreation Director Anderson presented the specifics of the report. Councilmember Juenemann moved to adopt the names for the Maplewood neighborhood reserves as recommended by the Parks and Recreation Commission. Seconded by Councilmember Wasiluk Ayes -All 7. Ripley Avenue Improvements, Project 99 -12: Revise Project Budget a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Collins moved approve the following resolution modifying the project budget and authorize the budget transfer of $22,500 form the street construction/state aid fund Fund 404: City Council Meeting 05 -13 -02 16 RESOLUTION 02 -05 -084 REVISE PROJECT SCOPE AND BUDGET WHEREAS, on July 26,1999, the City Council approved a budget of $170,000 for the Ripley Avenue project, from White Bear Avenue to Van Dyke Street, and WHEREAS, competitive bids were received by the city for sidewalk construction, and WHEREAS, sidewalk construction was not part of the original scope or budget of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The City Engineer is directed to revise the project scope to include sidewalk on Ripley between White Bear Avenue and North St. Paul Road. 2. The Finance Director is hereby authorized to transfer $22,500 from the Street Construction State Aid fund, fund 404 to the project fund for the construction of sidewalk along Ripley Avenue between White Bear Avenue and North St. Paul Road. Seconded by Councilmember Juenemann Ayes -All 8. Organized Collection Update -- Tabled 9. County Road D Improvements, Proj ect 01 -15 : Joint Powers Agreement with North St. Paul for Water Main Improvement Expenses a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Wasiluk moved to adopt the following Joint Powers Agreement with North St. Paul and direct the MUor and Cit Manager to enter into the agreement with the City of North St. Paul: JOINT - POWERS AGREEMENT City of Maplewood /City of North Saint Paul Watermain Improvements — County Road D THIS JOINT- POWERS AGREEMENT made and entered in this 13 day of May, 2002, by and between the City of Maplewood, Ramsey County, Minnesota, and the City of North Saint Paul, Ramsey County, Minnesota. WHEREAS, the City of Maplewood and the City of North Saint Paul, pursuant to the.provision of Minnesota Statutes Chapter 471.59, are authorized to enter into agreements to exercise jointly the governmental powers and functions each has individually; and, WHEREAS, the City of Maplewood is constructing improvements to County Road D from White Bear Avenue to McKnight Road, City Proj ect 01 -15, and wishes to extend municipal water services to properties not City Council Meeting 05 -13 -02 17 currently served by municipal water; and, WHEREAS, the City of North Saint Paul, by previous agreement, owns and operates the municipal water system that serves this project area; and, WHEREAS, the City of North Saint Paul wishes to enhance their water system by constructing a watermain loop from County Road D to Woodlyn Avenue; and, WHEREAS, the City of Maplewood has, through its consulting engineer URS Corporation, prepared final plans and specifications for said improvements; and, WHEREAS, the City of Maplewood has solicited competitive bids for construction of said improvements and awarded a construction contract to T.A. Schifsky and Sons, Inc. NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows, to wit: 1. The City of Maplewood will construct the watermain improvements as part of City Project 01 -15 as shown in Exhibit 1. 2. The City of Maplewood will pay for the cost to extend watermain along County Road D to serve properties not currently served by municipal water. 3. The City of North Saint Paul will, upon invoice from the City of Maplewood, reimburse the City of Maplewood for the total cost to construct the watermain from County Road D to Woodlyn Avenue. The total cost, based on the contractor's bid and quantity estimates prepared by URS Corporation, is $43,807 and includes: Construction $36,506 Engineering (20 %) $ 7,301 Total $43,807 This cost does not include the cost to provide water service to the Bruentrup Farm. The City of North Saint Paul shall pay the City of Maplewood within 30 days of receipt of the invoice. 4. The City of Maplewood and the City of North Saint Paul agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs, and expenses, including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this agreement or for damages caused to other parties as a result of the manner in which the City of Maplewood or the City of North Saint Paul perform or fail to perform duties imposed on each party by the terms of this agreement. 5. This agreement shall remain in full force and effect until terminated by mutual agreement of the City of Maplewood and the City of North Saint Paul or by an independent arbitrator in the event that there is not a neutral agreement. City Council Meeting 05 -13 -02 18 6. It is agreed that, except as specifically provided hereby the execution of this agreement, neither party. relinquishes any rights or powers possessed by it, neither party is relieved of any responsibility, duty or obligation imposed on it by law or regulation. 7. Data Practices: a. The City of Maplewood and the City of North Saint Paul agree to comply with the Minnesota Data Practices Act and all other state and federal laws relating to data privacy or confidentiality; b. The City of Maplewood and the City of North Saint Paul will immediately report to each other any requests from third parties for information relating to this Agreement. c. The City of Maplewood and the City of North Saint Paul agree to promptly respond to each other's inquiries concerning data requests. 8. Arbitration of Disputes: Any controversy claim arising out of or relating to this Agreement or breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized representatives. Seconded by Councilmember Juenemann Ayes -All L. VISITOR PRESENTATIONS 1. Char Wasiluk -1740 Frank, Maplewood, Wasiluk presented history on Fishers Corners. 2. Ann Cleland-1308 Cope Ave. E, Maplewood, conveyed her disappointment with a sidewalk being installed on Cope Avenue. 3. Edward Spies -1631 County Road B East, Maplewood, requested a different backstop be installed at the John Glen Ball Field. Councilmember Juenemann moved to direct staff to work with Parks and Recreation and the City Attorney to work out a satisfactory resolution. Councilmember Wasiluk seconded. Ayes -All 4. Ann Cleland - Second Appearance -Mayor Cardinal asked staff to revisit the placement of the sidewalk on Cope Avenue. City Council Meeting 05 -13 -02 19 M. COUNCIL PRESENTATIONS 1. Scholarships -The 622 Scholarship Initiative is in the process of forming a board of directors and to consolidating all applications for scholarships. Their next meeting will be held on June 13 at Sergeant Peppers (1285 Century Avenue North), at 11:30 a.m. 9:57 p.m. Councilmember Juenemann moved to extend the city council meeting until completion. Seconded by Councilmember Wasiluk Ayes -All 2. Phosphorus Ordinance - Councilmember Wasiluk feels the city needs to implement an ordinance about the use of phosphorus fertilizers. 3. National Police Week, May 12 -18- Councilmember Juenemann reminded citizens to let Police Officers know you appreciate them! 4. Cable Commission Report - Councilmember Koppen noted one of the main issues at the last meeting was the attempt at rule changes that would no longer allow charging a franchise fee for high speed internet services which is the fastest growing revenue source for the Cable Commission. N. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT Councilmember Collins moved to adjourn the meeting at 10:30 P.M. Seconded by Mayor Cardinal Ayes - All City Council Meeting 05 -13 -02 20 Agenda # b CSC MEMORANDUM Date - - -- TO: City Manager Endorsed - Mgdi FROM: Shann Finwall, Associate Planner fied SUBJECT: Community Design Review Board Appointment Rene tY 9 pp DATE: May 20, 2002 INTRODUCTION The Community Design Review Board (CDRB) has a vacancy created by the resignation of Tim Johnson. The vacancy is for the remainder of Mr. Johnson's two -year term that would end January 1, 2003. There are three applicants for the CDRB vacancy including Julie Beitler, Eugene Currie, and Diana Longrie- Kline. Attached find a map of where the current CDRB members and candidates live as well as the candidate's applications. BACKGROUND The city policy for advisory board appointments states that an advisory board will conduct their own interviews with candidates and make a recommendation to the city council. Prior to the city council making their selection, all information provided by staff, advisory boards, and the applicants will be considered. Other factors such as longevity or geography in the community may be considered as well. On May 14, 2002, the CDRB conducted interviews with the three applicants. The interviews are outlined in the attached May 14, 2002, CDRB minutes and the CDRB's ranking of the applicants is as follows: Applicant Diana Longrie -Kline Julie Beitler Eugene Currie RECOMMENDATION Points 9 5 4 Interview the applicants for the vacancy and appoint a person to serve on the CDRB. This person will fill the unfinished term that would end on January 1, 2003. P: /cdrb /interview(2) Attachments: 1. CDRB and Candidate Location Map 2. Applications a. Julie Beitler b. Richard Eugene Currie C. Diana Longrie -Kline Attachment 1 Community Design Review Board Member and Candidate Location Map 2 Attachment 2 J ED) CITY OF MAPLEWOOD NOV 1 4 2001 � BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM � _ NAME �PI+1 r ADDRESS �QI� �"I C F}VP A9(-ID IPLA)0(!)� ZIP .'�S Q PHONE NO. Work: �F)�2'�ll -��5(n Home: DATE ')/L�� 1) How long have you lived in the City of Maplewood? � �I 9) _ImOtr1 2) Will other commitments make regular attendance at meetings difficult? Yes No \V/ 3) On which Board or Commission are you interested in serving? (please check) Community Design Review Board Park &Recreation Commission Housing & Redevelopment Authority Planning Commission Human Relations Commission Police Civil Service Commission 4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities? jub k. wifk y4u NIA61 5) List other or anizations or clubs in the Community in which you have been or are an active participant: va DMA 6) by wou you li e tb serve on this Board or ommission . Ud �Q hewc �&n mew 0 01,d `�Yl -bhoj " Loa 4 Lka CV10 'I ADDITIONAL COMMEN ^ 5 bo, /Y, Ian c Tin/ �cce��nn.G C-;;�i OoLdc) cam THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC. FORM S \BRO &COMM.APL 10/96 JULIE BEITLER 1915 Price Ave Maplewood, NIN 55109 651- 748 -0233 OBJECTIVE: To apply my land use planning and GIS skills in a volunteer position. EDUCATION: 2000 - present Masters Of GIS (MGIS) expected graduation 2003 University of Minnesota, Minneapolis 1994 -1998 B.S., Land Use Planning Minor: GIS /Cartography University of Wisconsin, River Falls 1990 -1994 Osceola High School -, Osceola, WI. SKILLS: Arc /Info Arc /View MapInfo Smallworld IDRISI Office 2000 Windows NT WORK EXPERIENCE: Nov 99- present Reliant Enemy 1Mlinne Minneapolis, MN Senior GIS Specialist. Data conversion, raster scanning /placement, extensive research/analysis of gas facilities, interview committee July 98- present The Olive Garden, Maplewood, MN Server. Utilize public relation skills by serving customers and cooperating with other servers June 98 -Nov 98 University of Wisconsin, River Falls, WI Intern position. Conducted a Cost of Community Service Study, data collection, and data management May 95 -Oct 95 Douglas- Hanson CoJnc., Hammond, WI Oct 96 -May 98 Factory laborer. Acquired skills of accuracy and time management May 97 -Sept 97 Lake Kountly Landscaping, Osceola, WI Maintain nursery stock and assist customers with landscape designs Sept 94 -May 95 DJ's Mart, Hammond, WI Oct 95 -Oct 96 Cashier /Cook. Duties included: balancing cash register, assisting customers, stocking shelves, inventory, and opening/closing store Jan 95 -May 95 University o, f Wisconsin, River Falls, WI Greenhouse Work Study. Duties included: maintain/transplant strawberry hybrids, organize information, and field work 3 CITY OF MAPLEWOOD . BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME �� f�� �Z.1. ,� zqkt.r ADDRESS Zip 5a! °- a2- t PHONE NO. W rk: & S-i y- ._0 r Home: 7 - 71 - Z9 -3 DATE 1) How long have you lived in the City of Maplewood? .� 2) Vllill other commitments make regular attendance at meetings difficult? Yes No _ 3) On which csoard or Commission are you interested in serving? tplease check) Communi Design Review Board Park & Recreation. Commission Housing & Redevelopment Authority _ Planning Commission Human Relations Commission _Police Civil Service Commission Comments: 4) Do you have any ems' areas of interest within this Board's or Commission's scope of responsibilities? 5 v`) List l ier :rgai viZ ati ^ vi s or clubs ins U to Co�''ni iuni ty in 'ri� ;^' + you ha'v'e Leen of are all aciive par ticipa� t: r Ci t 6) Why would you like to serve on this Board or Commission? ADDITIONAL COMMENTS: THE INFORMA CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC. CITY OF MAPLEWOOD BOARDS AND COMMISSIONS A FORM NAME r, ADDRESS T �"�Y"zet, MmrV ZIP III a PHONE NO. Wor (e k: �a'a'�P �� �5 r 7� Home X51- �'�-�{' -I�0 DATE jyty� 1) How long have you lived in the City of Maplewood? 2) Will other commitments make regular attendance at meetings difficult? Yes No Comments: 3) On which Board or Commission are you interested in serving? (please check) X Community Design Review Board Park &Recreation Commission Housing &Redevelopment Authority Planning Commission Human Relations Commission Police Civil Service Commission 4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities? LOU" tJSx- � rlQ..c� -��c�p "� a." � . Lod �. I a" ,a to ce.a A4 0. 5ub U..rb 5) List other organizations or clubs in the Community in which you have been or are an active participant: ar fb� Ck-5 S�,G(Z-t% at-�� 6) Wh wou ou h e to se on this Board or Commission? ll�t�l '� �►�.C.O'r►�e— Y��- .,�,v�.J�'s�icre � ��.. Q�r� t�.a -e.. Jl Ve P L � ADDITI COMMENTS aw, ate. F THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC. FORMS\BRD&COMM.APL 10/% 5 '. �N 4 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAP LEWOO D, MINNESOTA TUESDAY, MAY 14, 2002 b. Interview of Applicants for CDRB Membership Ms. Finwall said there are three applicants for the community design review board (CD RB ) vacan This is for the remainder of Board member Tim Johnson's Y vacancy two-year term, which would end January 1, 2003. The three applicants are Diana Lon g rie- Kline, Richard Eugene Currie, and Julie Lin Beitler. The board's recommendations will go to the city council on Tuesday, May 28, 2002. process with applicants. The applicants discussed the interview Chairperson Ledvina p were interviewed in alphabetical order by last name. Julie Lin Beitler was the first applicant to be interviewed. Y Chairperson Ledvina asked if she has an problem with the obligations of meeting two Tuesdays a month at 6:00 p.m. or in the role of a community design review board member? Ms. Beitler s studying said no. She is stud in for her Master's degree and she has class on Monday and Wednesday night. Chairperson Ledvina i asked while listening o the meeting this evening, if she had any g comments or impressions to share - of the proposals and how things were handled between staff, the board and the applicant? Ms. Be itler said she thinks the CDRB needs a few more people on the board. It is kind good things. Especially with thinks the board pointed out some of quiet up there. She p g the Nissan dealership and adding the banding by the windows on the south elevation, it is too lain. It is interests to learn the details that are picked through. She is sure with p g each a pp you gain ain more experience. The design review is interesting to her and she would really like to learn more about the steps of putting up a building. So many times ou hear about the planning issues and you don't hear about the issues that went Y p into the colorin g lighting, , the li htin , the landscaping and so forth. It would be something she is definitely interested in. Chairperson Ledvina asked if she thought there was anything that could have been improved on that the board did not consider? Ms. Beitler said the two projects were pretty straightforward and she did not see anything that the board did not bring up or ask about. Yt g Chairperson Ledvina asked if she had any comments about the. strip mall called "The Corner Shops" located off Highway 36 and White Bear Avenue regarding the design and site plan? Ms. Beitler said she feels it is a problem driving into the parking lot and she always feels like she is oin to et into an accident there. You have cross traffic from McDonald 's g g g and the other stores and restaurants and it is a bit dangerous. She is not sure of another way the parking lot and entrance could have been designed but it is very busy and congested. She is not impressed with the landscaping and the ramp coming off Highway 36 onto White Bear Avenue has a lot of garbage there along the fence. She is g Y not sure if that is the city or the county right -of -way but it looks really bad and not very appealing. Otherwise, she likes the restaurants that are there and it looks a lot better than when Bali Hai restaurant was there. Chairperson Ledvina asked if she has any thoughts about any recent developments. One that looks really nice and one development that you wondered what the city was thinking and who let this happen? Ms. Beitler said she is not impressed with how Pier 1 and Michael's Arts and Crafts development turned out from when the Bruentrup Farm was taken out. She likes the p pond but it needs more landscaping and it is a shame that the large tree died. She is a preservationist and would have rather seen the farm stay. She does like Emma 's Place so far with the deep colors and they have turned something that was dust an open lot into something hat she thinks will end up looking nice. She does live by the Woodland g Hills Church and she thinks that Looks nice compared with what was there before. The color scheme and the entrance is a nice design she thinks. Board member Olson asked if .she has heard about the Hillcrest Area? Ms. Beitler asked if she is referring to turning the bowling alley into town homes? Board member Olson was referring to the Hillcrest Village Concept plan that was in the p newspaper and resented at a Metropolitan Council meeting at the church not too long ago. It does involve the City of Maplewood too. Ms. Beitler said she knows it involves St. Paul. She thought it was odd to have town homes right there on White Bear Avenue. how Ion she has lived in Board member Olson asked o g Maplewood and what city did she p move here from? Ms. Beitler said she has lived in Maplewood for two years. She moved here from White ere she lived for a while. She is originally Bear, wh from Osceola, Wisconsin. Board member Olson asked if she liked Maplewood? Ms. Beitler said Maplewood was the closest city with malls and restaurants from Osceola, Wisconsin where she grew up. She felt at -home and comfortable here when they were looking for a house. Board member Olson asked what her involvement was with GIS? Ms. Beitler said right now her position with Minnegasco she is a GIS Specialist. She is responsible for entering anything into the GIS database. GIS is a mapping and data storage program. They put all the gas facilities and all the data that goes along with it. The produce maps. She just started working in the field with contractor design, Y specking and putting in gas mains and making sure that they get the notes. The main part of the job is taking accurate dimensions and it is very important when you are working with gas. Board member Olson asked her why she wants to be on this committee? Ms. Beitler said she applied for the planning commission opening but someone else got pp p g the position. She did not know too much about the CDRB but Shann Finwall described it to her and she became interested. She finds any land use issues interesting to her. It was her major in college and she has not pursued it yet but it is really something she wants to get into it right now. She said she does some volunteer work at Minnegasco and it is a good feeling to give back. Chairperson Ledvina thanked her for taking the time to interview and mentioned to her p g there would be a voting process done by the board and those results will be passed on to the city council. The city council interviews will be Tuesday, May 28, 2002. If she has any questions .about anything she should call Shann Finwall. Richard Euqene Cur rie was the second applicant to be interviewed. Chairperson Ledvina asked if he has any problem with the obligations of meeting two Tuesday's a month at 6:00 p.m. and in the role of the community design review board? Mr. Currie said no he can schedule his time as seen fit. His work at Twin City Nursery was not happy tonight however because they were busy so they did not appreciate him leaving early. He saw the ordinance about the 2 1 /2 inch caliper and sometimes your smaller trees will take off better than bigger trees. Chairperson Ledvina asked if there are any specific developments in the city he felt were real quality developments and good examples of how to do things? Also on the flip side do you know of any developments that were not? Mr. Currie commented on the last time he was up there was when they were doing Gander's Mountain. You have to realize he was on the fire department for 13 years so he p re- planned all the buildings west of Highway 61. He had to go through and draw out p cans. They have all the drawings of where everything is. When you talk about Gander's Mountain and you wanted to kick out and make an indentation. In firefighting when ,g Y ou et in there guys get lost in a smoke filled place. outside you can put some Y g artificial stuff. When you put nooks and crannies in it is not a good situation. Guldens restaurant was one of them. H e Y was in that fire and in the basement the had a cement wall and the fire was on one side and the fire fighters were on the other side and.they could not find the door to go to the other side. Consequently they lost it. Most of the designs are good. He has not seen anything way out of line. Tonight's drawing look like they are going to use all of Yt g the same bushes right around the wetland where there are other plants that maybe they could have used to get some more color contrast. There are red twigged and there are also ellow twigged for wetland areas. I Y gg Chairperson Ledvina asked if he had any questions about how the board handled any of the two proposals tonight? Mr. Currie said he thought it went smooth. Of course 3M wants to have their whole g to unload cars out i lex look the same. Nissan looks like they are gong into the p . street anyway. He sees the dealerships all the way down Highway 61 when he comes . home at night. The all say they don't do that but they do. It will look good. The g Y windows at Nissan could have been bigger. They looked too tiny for that wall. They could have p ut some arborvitaes on the outside or something to break that wall up and give it a whole different effect. If they had the parking lot about four foot from the buildin g you can get et arb's that only have a two to three foot spread and you would still have enough room in the back of the building so they won't be up against it. Chairperson Ledvina asked if he had any comments about the strip mall called "The Corner Shops" located off Highway 36 and White Bear Avenue with the design and site plan? Mr. Currie said he doesn't et out that way. He goes on County Road B. It is g interesting; he read who is supposed to be on this committee. If you read it there is a total of 6 people. You are supposed to have two architects, two landscapers, and two lay people. Chairperson Ledvina said he believes that was a recommendation., The reason they have an odd number is to. prevent a tie vote. Ms. Finwall said there is an error in the CDRB ordinance. It states there will be five members. However, it g oes on to state there will be two from landscaping, two from architecture and two lay people which adds up to six people instead of five. Board member Olson asked if that is something the board should correct as a committee? Mr. Currie said it is p robably that should either be corrected or add something else. N Ms. Finwall said she would supply a copy of the ordinance at the next meeting for members to take a look at. Board member Olson said she did ask Tom Ekstrand about the number of CDRB members. She said when the design review board only has four members and someone can't make the meeting it is hard to make the quorum. Mr. Ekstrand's response was that it is a bit of a problem getting the community out to apply for these openings. Mr. Currie said maybe go to seven members so you have a better chance of a quorum. He said all the commissions he has applied for didn't seem to have a shortage of applicants. The only one was the civil service board. Board member Olson said maybe Mr. Ekstrand was referring to earlier and conditions may have changed. Board member Olson asked Mr. Currie how long he has lived in Maplewood? Mr. Currie said 49 1 /2 years. Board member Olson asked him if he ever had a wish to move somewhere else? Mr. Currie said no. He has his ma's house and Y ou can't take him out. He was offered to move to Oregon and run the nursery in St. Paul, Oregon. Board member Shankar asked Mr. Currie if he could give the board one example of a building he liked in the City of Maplewood for building b g y p g design and one that you like for landscape design? Mr. Currie said he likes the landscape design at St. Jerome's because he did it. His least favorite is the golf dome. Chairperson Ledvina said thank you for taking the time to interview with the board and he can contact Shann Fir if he has any questions. Mr. Currie said okay and he will see everyone on Mondays. Diana Longrie -Kline was the third applicant to be interviewed. Chairperson Ledvina asked while listening to the meeting this evening, were there any comments or impressions of the proposals of how things were handled between staff, the board and the applicant? Ms. Lon g rie -Kline said she was surprised that the first applicant for Nissan did not have their color renderings prepared and ready to go and that it was hard to match up the colors with the design that they were presenting. If she were asking questions she may have asked what were the peak times of the day and how many customer's do they have on average during this peak time? She knows I whenever she has been to a dealership there is never any customer People are parking in the fire lanes and that can be a safety parking. p p g fety hazard. Ms. Lon g rie -Kline said she would have asked how many employees will they have and where will the employees park? She thinks 12 customer parking spaces is probably the minimum. Those would have been some of the questions she might have asked. With regard to the south elevations, she thinks the idea of having a band on the wall along is a good idea. She works for the Target stores in the real estate department and she is a senior property administrator. Her region of responsibility is primarily on the .east coast so she does not work with any shopping centers in Minnesota whatsoever so there is no conflict of interest. One of the things she does quite often is review architecture and si na a for different Target centers. Target has approval rights at these centers and g 9 that is p art of what she does besides review legal documentation and draft legal documents. One of the architectural items she likes to look for is to ensure that a block wall isn't just a big block wall. Ms. Lon g rie -Kline said she likes the idea of having the band on the south elevation on the Nissan building between the windows. She illustrated how she would have s uggested banding to the board. In regards to the 3M Center proposal, she thought they p did a rett Ygood job with their building. She thought it could have used a little more landscaping. Chairperson Ledvina asked if she has any concerns about the obligations for being a board member? Ms. Lon g rie -Kline said none whatsoever. She said she does not travel for her job and she lives 15 minutes away. She works in Minneapolis but if she knows what time the meeting is she just leaves early enough to get here in time. Chairperson Ledvina asked if there are specific developments in the city she felt were real ualit developments and good examples of how to do things? Also on the flip side q Y p do you know of any developments that were not? Ms. Lon rie -Kline said it is like the old saying if something is good you never remember it but if something s bad that sticks out in your mind. You see it and it is pleasing and it g seems fine.. At the Maplewood Mall she did not like the big box store called Just For Feet. She looks at a lot of si na a and reviews documentation for signage in her g g position. For this reason she thought that the large Birch Run Sign was a massive sign, maybe a bit too large. Chairperson Ledvina asked if she had any comments about the strip mall called "The Corner Shops" located off Highway 36 and White Bear Avenue with the design and site plan? a Ms. Longrie -Kline said she does drive by the development and she used to occasionally go to the Bali Hai restaurant that was there. She does g o to Kinko's in that strip mall and she thinks the parking is fine at least for the times she goes there. The mix of tenants seem to work fine. She said she likes the looks of the architectural features and she thinks it looks kind of trendy and fun. Board member Olson asked if there was any other commission that she might be interested in if she can't be on this commission? Ms. Lon g rie -Kline said she has applied for the planning commission and she is also interested in the community design review board. She has been trying to get on the planning time now lannin commission for some time now and she will keep trying until she can get on a commission. Board member Olson said her commitment to Maplewood appears to be very strong. Is there another community that you have ties to? Ms. Lon g rie -Kline said she has lived here for 18 years. She works in Minneapolis and is on the Hennepin County Bar Association. She is also involved with the volunteer p lawyers network and she does pro-bono cases occasionally for them. She is also on P ` Y the board for the St. Croix Valley Boys Choir and has been on that board for five years. Board member Shankar asked if you had to review two projects and approve only one, and one project had a strong site plan but the building design was mediocre. The other project, the building design was spectacular but the site plan was lacking, which one would you approve? Ms. Lon g rie -Kline said she thinks it is very important to have a good site plan. That site plan has all the elements you need for functionality of the site whether or not it is parking, drainage, access to roads etc. and a building can be a mediocre and it can be very functional inside and it can be a fine building without being beautiful. Chairperson Ledvina thanked her for her time during the interview with the board. He said the board will vote and if you have any questions you can contact Shann Finwall. Chairperson Ledvina asked each member to vote accordingly with 3 being the highest score and 1 being the lowest score Ms. Finwall stated the voting results were as follows: Julie Lin Beitler had 5 points. Richard Euqene Currie had 4 points. Diana Longrie -Kline had 9 points Board member Shankar said Diana Lon g rie- Kline had well- rounded. answers. She had interests in a wide variety of things. Chairperson Ledvina said Diana Lon rie- Kline has a lot of very strong qualities that will p g improve the board's decision making and the contributions to the proposals that come before the board. Board member Olson said Diana Lon rie -Kline had excellent answers. She would like to add that Diana's knowledge of signage in her position- at Target would prove to be particularly articular) valuable to the board as the review of the sign code moves forward. Chairperson Ledvina agreed that he was interested when Diana talked about signs. Her knowledge would be a real plus when the board reviews the sign code. Board member Olson moved that the CDRB recommend to the city council to approve Diana Longrie -Kline for the CDRB vacancy. Board member Shankar seconded. Ayes — Ledvina, Olson, Shankar The motion passed. f i AGENDA NO. G-1 AGENDAREPORT Action by Council ' TO: City Council FROM: Finance Director Ike RE: APPROVAL OF CLAIMS bi iied DATE: May 20, 2002 J.6 Rof Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills. and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE $100,994.47 Checks #57698 thru #55703 dated 5/6 thru 5/9/02 $175,722.18 Checks #57704 thru #57762 dated 5/14/02 $190,968.02 Disbursements via debits to checking account dated 5/3 thru 5/13/02 $34X1.56 Checks #57763 thru #57769 dated 5/14 thru 5/17/02 $215,728.36 Checks #57770 thru #57828 dated 5/21/02 $L517 Disbursements via debits to checking account dated 5/10 thru 5/20/02 $2,23 5, 873.51 Total Accounts Payable PAYROLL $380 Payroll Checks and Direct Deposits dated 5/1.0/02 $32,194.45 Payroll Deduction checks #88976 thru #88983 dated 5/10/02 $413 Total Payroll $2,648,972.13 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 770 -4513 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. hu attachments FinSec S: \CTY_CLRK\Agenda Items\ApCIARMay20.doc vchlist Check Register Page: 2 05/20/2002 10:47:13AM City of Maplewood i Check Date Vendor 57811 5/21 /2002 01359 57812 5/21/2002 01340 57813 5/21/2002 00069 57814 5/21/2002 01463 57815 5/21/2002 02229 REGAL AUTO WASH DETAIL XX REGIONS HOSPITAL RISK MANAGEMENT ALTERNATIVES SISTER ROSALIND GEFRE SNELL MECHANICAL INC 57816 5/21/2002 01497 SPRINGSTED 57817 5/21/2002 02274 SPRINT PCS 57818 5/21/2002 01504 ST PAUL, CITY OF 57819 5/21/2002 01560 57820 5/21/2002 01567 57821 5/21/2002 01572 57822 5/21/2002 01574 57823 5/2112002 01888 57824 5/21/2002 02177 57825 5/21/2002 02069 SUPERIOR SERVICES INC SVENDSEN, RUSTIN SYSTEMS SUPPLY, INC. T.A. SCHIFSKY & SONS, INC TWIN CITY ACOUSTICS INC U -CARE REFUND ULTIMATE DRAIN SERVICES INC 57826 5/21/2002 01683 UNIFORMS UNLIMITED INC 57827 5/21/2002 01793 57828 5/21/2002 01798 66 Checks in this report Description /Account XEROX CORPORATION YOCUM OIL CO. CAR WASHES EMT TRAINING MODULES COMMISSION PYMT TO COLLECTIONS NSF RETURNED CHECK - AMB 01009669 MCC MASSAGES - APRIL MECH MAINTENANCE CONTRACT - APR CITY HALL MECH MAINT - APRIL PW MECH MAINT - APRIL PARKS GARAGE MECH MAINT - APRIL ECON DEV STUDY PROF SRVS 1/8 TO 4 LONG DISTANCE CHARGES LONG DISTANCE CHARGES PROJ 01 -04 INSTALL A 1" SRV COMMISS PROJ 01 -04 INSTALL NEW 1" SERVICE 17 TONS ASPHALT RADIO MAINTENANCE - APRIL WATER/HYDRANT UTIL - 4TH QTR 2001 HYDRANT/WATER STREETS 4TH QTR HYDRANT/ WATER STREETS - 1ST QTR. WATER/HYDRANT UTIL - 1ST QTR 2002 RECYCLING - APRIL MEDIC COAT REPAIR INK CARTRIDGES VARIOUS BITUMINOUS MATERIALS NO FIRE STATION ACOUSTICAL APPL #4' REFUND AMB 02004342 GLORIA STEWA PROJ 00 -03 CAMERA INSPECTED SEWE PROD 00 -03 CAMERA INSPECTED SEWE UNIFORM & SUPPLIES CREDIT - CUFF CASE BATON HOLDER MAG POUCH CREDIT - DOUBLE MAG JACKET UNIFORM SHIRT BULLETPROOF VEST BULLETPROOF VEST BOOTS JACKETS UNIFORM SHIRTS COPIER CHARGES - APRIL 7000 GALS UNLEADED MID -GRADE (89 Total checks : Amount 149.71 160.00 345.45 137.20 3,239.00 1,614.00 . 927.00 794.00 354.00 8,827.85 4.47 20.68 400.00 400.00 472.18 839.25 361.14 94.31 52.75 141.20 17,302.84 70.00 318.22 839.88 644.00 401.39' 150.00 330.00 1,143.88 -35.09 31.42 24.44 -29.77 350.94 30.95 699.95 699.95 198.50 184.75 53.90 328.90 7,326.90 250,549.92 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pam Description Amount 05/08/02 05/10/02 MN Dept of Natural Reso DNR electronic licenses 1 05/03/02 05/10/02 Elan Financial Services Purchasing card items 20,035.11 05/10/02 05/10/02 Smith Barney Investment purchase 647 05/13/02 05/14/02 MN State Treasurer Drivers License /Deputy Registrar 20 05/10/02 05/14/02 MN State Treasurer State Payroll Tax 15,271.45 05/14/02 05/15/02 MN State Treasurer Drivers License /Deputy Registrar 19 05/10/02 05/15/02 Federal Reserve Bank Savings Bonds 300.00 05/15/02 05/15/02 Wells Fargo Investment purchase 746 05/15/02 05/16/02 MN State Treasurer Drivers License /Deputy Registrar 10,557.42 05/16/02 05/17/02 MN State Treasurer Drivers. License /Deputy Registrar 12 05/09/02 05/17/02 MN Dept of Revenue Sales Tax 7 05/17/02 05/20/02 MN State Treasurer Drivers License /Deputy Registrar 15,237.86 TOTAL 19517,638.92 vchlist 05/10/2002 9:46:52AM Check Register City of Maplewood Page: 1 Check Date Vendor Description /Addouht Amount 57698 5/6/2002 02471 BIRD, ALLISON MCC ACH DBL CHARGES & OVERDRAFT 120.00 57699 5/9/2002 02207 DELTA DENTAL PLAN OF MN MONTHLY PREMIUM 7 57700 5/912002 00644 HEALTHPARTNERS MONTHLY PREMIUM 37,331.64 57701 5/9/2002 00966 MEDICA CHOICE MONTHLY PREMIUM 50 57702 5/9/2002 01085 MN LIFE INSURANCE MONTHLY PREMIUM 2 57703 5/9/2002 02203 UNUM LIFE INSURANCE - LTD MONTHLY PREMIUM 2 57704 5/14/2002 02045 A G I A ASIAN GANG SPRING CONFERENCE 65.00 57705 5/14/2002 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 762.51 57706 5/14/2002 02459 ARTIC SANDBLASTING & COATING SANDBLAST, PRIME & PAINT UTIL TRLR 1 57707 5/14/2002 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 160.80 MERCH FOR RESALE 160.80 57708 5/14/2002 02472 CAPITAL TITLE CORPORATION PROJ 01 -15 OWNERSHIP & ECUMBRANC 75.00 PROJ 01 -15 OWNERSHIP & ENCUMBRAN 120.00 PROJ 01 -15 OWNERSHIP & ENCUMBRA> 75.00 PROJ 01 -15 OWNERSHIP & ENCUMBRAN 75.00 PROD 01 -15 OWNERSHIP & ENCUMBRAN 100.00 PROJ 01 -19 OWNERSHIP & ENCUMBRAN 75.00 PROJ 01 -19 OWNERSHIP & ENCUMBRAN 75.00 57709 5/14/2002 00354 CUSTOM FIRE APPARATUS, INC. REPLACED SOLENOID FOR LADDER RA 120.80 57710 5/14/2002 00358 D & D TOWING SERVICE INC. TOW FORFEITURE 94.55 TOW FORFEITURE 74.55 TOW FORFEITURE 74.55 TOW FORFEITURE 119.55 TOW DEMO CAR 159.75 TOW SQUAD 53.25 57711 5/14/2002 00379 DAVE PERKINS CONTRACTING INC PROJ 99 -13 BARTELMY ACRES - FINAL F 10 57712 5/14/2002 00422 DRAMA KIDS, THE DRAMA INSTRUCTOR 4/4 TO 5/2 500.00 57713 5/14/2002 00489 FACILITY SYSTEMS, INC CHAIR DELIVERY CHARGE 50.06 57714 5/14/2002. 00499 FAUST, DANIEL REIMBURSE AIRFARE - GFOA CONFERE 295.00 57715 5/14/2002 00519 FLEXIBLE PIPE TOOL CO. FLEXICROME RODS & COUPLINGS 427.98 57716 5/14/2002 00555 GAYNOR, VIRGINIA PRKG, CONF FEE & MILEAGE 12/27 TO 195.94 57717 5/14/2002 02346 HAKSETH, NATHAN PAINT OFFICERS ROOM - STATION 7 60.00 57718 5/14/2002 00677 HOME DEPOT - GECF MISC SUPPLIES - STATION 7 131.30 PAINT - STATION 7 76.02 57719 5/14/2002 00683 HORWATH, THOMAS TREE INSPECTION 196.00 57720 5/14/2002 00684 HOWARD R GREEN COMPANY PROJ 00 -11 - ENGINEERING DESIGN 13,227.02 PROJ 02 -04 SERVICES THROUGH 4/12 22,128.17 1/1 FLOW METERING SRVS THROUGH 4/1 656.21 . 57721 5/14/2002 00744 JR'S APPLIANCE DISPOSAL INC APPLIANCES SPRING CLEAN UP 2 57722 5/14/2002 01894 KELLY & FAWCETT PA LEGAL SERVICES - APR 11 PROSECUTION FEES - APR 5,250.00 57723 5/14/2002 02436 LESSARD PAINTING INC PAINT TRUCK BAYS AT STATION 7 5 57724 5/14/2002 00908 M R P A REGISTRATION - ADULT SOFTBALL TE 2,260.00 57725 5/14/2002 00932 MAPLEWOOD BAKERY COOKIES FOR TRAINING 35.54 57726 5/14/2002 00964 MEDICAL RESEARCH LAB INC LIFEPACK BATTERIES 2 57727 5114/2002 00983 METRO SALES INC . COPIER RENTAL 196.00 57728 5/14/2002 00997 MIDWEST CHILDREN'S RESOURCE CT . INVESTIGATIVE INTERVIEW 20.00 57729 5/14/2002 01051 T MN OCCUPATIONAL HEALTH PREPLACEMENT EXAM 355.00 57730 5/14/2002 01147 NATL REGISTRY OF EMT TESTING FEES FOR NATL REGISTRY E 20.00 57731 5/14/2002 01156 NELSON, JEAN REIMBURSE MILEAGE 3/1 TO 4/8 84.97 57732 5/14/2002 01168 NORDQUIST, RICK REIMBURSE - SAFETY SHOES 152.70 57733 5/14/2002 01174 NORTH ST PAUL- MAPLEWOOD- ROTARY CLUB MEMBERSHIP & FEES 214.00 57734 5/14/2002 01202 NYSTROM PUBLISHING CO INC NEWSLETTER - MAY 2 57735 5/14/2002 00001 ONE TIME VENDOR REF CAROLE JOHNSON - MCC PROGRA 120.00 vchlist Check Register Page: 2 05%10/2002 9:45:52AM City of Maplewood Check Date Vendor 57736 5/14/2002 00001 57737 5/14/2002 00001 57738 5/14/2002 00001 57739 5114/2002 00001 57740 5/14/2002 00001 57741 5/14/2002 01254 57742 5/14/2002 01311 57743 5/14/2002 01263 57744 5/14/2002 01281 57745 5/14/2002 01340 57746 5/14/2002 01340 57747 5/14/2002 01360 57748 5/14/2002 01387 57749 5/14/2002 02222 57750 5/14/2002 01537 57751 5/14/2002 01574 57752 5/14/2002 01669 57753 5/14/2002 02069 57754 5/14/2002 01690 57755 5114/2002 01704 57756 5/14/2002 01722 57757 5/14/2002 01734 57758 5/14/2002 01750 57759 5/14/2002 01190 57760 5/14/2002 01793 57761 5/14/2002 01805 57762 5/14/2002 01807 65 Checks in this report ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR PEPSI -COLA COMPANY PERA PIKE, GARY PORTABLE COMPUTER SYSTEMS, INC REGIONS HOSPITAL REGIONS HOSPITAL REINHART FOODSERVICE ROSSINI, DR. JAMES SHEFFIELD, OLSON & MCQUEEN INC STREAMLINE DESIGN INC. T.A. SCHIFSKY & SONS, INC TWIN CITIES TRANSPORT & ULTIMATE DRAIN SERVICES INC UNITED. HOSPITAL URBANSKI, HOLLY VISIONARY SYSTEMS, LTD. WALSH, WILLIAM P. WATSON CO INC, THE XCEL ENERGY XEROX CORPORATION ZIEGLER INC. ZWIEG, SUSAN REF ALISON WILCOX - MCC PROGRAM REF SUSAN BAYSINGER - AMB 010206 REF CYNTHIA DUNHAM - BASKETBALL REF JEAN LOUNSBURY - MEMBERSHIP REF ELIZABETH KERSHAW - ARTS & CR MERCH FOR RESALE MERCH FOR RESALE ER ID #6120- 00,01,51 - 5/10/02 P/R REIMBURSE MEALS 4/20,4/25 & EMT FE LI -ION BATTERIES PHARMACY REPORT PHARMACY REPORT BLOOD DRAW - LEE 099998163 -9000 MERCH FOR RESALE MERCH FOR RESALE FITNESS PROGRAM - APRIL DCRP & FLEX PLAN WEEKLY PYMTS SOFTBALL TEAM TSHIRTS VARIOUS BITUMINOUS MATERIALS NO TOW VEHICLE TOW FORFEITURE TOW SQUAD TOW VEHICLE CAMERA INSPECTED SEWER PRE - PLACEMENT SCREENING REPLENISH PETTY CASH FIREHOUSE SOFTWARE SUPPORT COMMERCIAL PLUMBING INSPECTION MERCH FOR RESALE MONTHLY UTIL - STMT DATE 5/3/02 CREDIT COPIER COSTS - FEB & MAR COPIER COSTS - FEB & MAR CREDIT CREDIT EQUIP RENTAL DEMOLITION - LARPENT REIMBURSE MILEAGE 5/1 Total checks : 11U.UU 110.00 94.00 73.22 25.00 206.05 423.90 43,470.17 29.80 1,218.00 335.96 163.09 38.00 444.45 105.02 100.00 1,021.02 516.20 355.03 63.90 138.45 37.28 114.55 150.00 140.00 128:9'1 700.00 366.42 229.47 38,660.71 -35.14 277.97 303.55 -57.95 -12.33 1829.90 10.95 276,716.65 r, CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date_ Date P. a�e_e, Descrigt. on. Amount 05/01/02 05/03/02 MN Dept of Natural Reso DNR electronic licenses 1 04/26/02 05/03/02 Elan Financial Services Purchasing card items • , 24 05/06/02 05/07/02 MN State Treasurer Drivers License /Deputy Registrar 16 05/07/02 05/08/02 MN State Treasurer Drivers License /Deputy Registrar 15 05/08/02 05/09102 MN State Treasurer Drivers License /Deputy Registrar 21,603.72 05/09/02 05/10/02 MN State Treasurer Drivers License /Deputy Registrar 13,909.10 05/10/02 05/13/02 MN State Treasurer Drivers License /Deputy Registrar 14 05/10/02 05/13/02 U.S. Treasurer Federal Payroll Tax 82 TOTAL 190 968.02 , �s vchlist Check Register Page: 1 05/20/2002 10:47:13AM City of Maplewood Check Date 57763 5/14/2002 57764 5/1412002 57765 5/14/2002 57766 5/15/2002 57767 5/15/2002 57768 5/17/2002 . 57769 5/17/2002 57770 5/21/2002 57771 5/21/2002 57772 5121/2,002 57773 5/21/2002 57774 5/21/2002 57775 5/21/2002 57776 5/21/2002 57777 5/21/2002 57778 5/21/2002 Vendor 02473 02474 01345 01522 02400 00415 02222 01908 00111 02324 00173 00198 00096 00211 00240 02472 ANZALDI, MANDI BARNES, CYNTHIA M RAMSEY COUNTY STATE OF MINNESOTA PERKINS INC DON'S PAINT & BODY SHOP SHEFFIELD, OLSON & MCQUEEN INC ADMINISTRATION, DEPT OF ANIMAL CONTROL SERVICES INC APPLIED ECOLOGICAL SERVICES BELDEN, TIM BOARD OF WATER COMMISSIONERS BP /AMOCO OIL COMPANY BRAUN INTERTEC CORP. C.S.C. CREDIT SERVICES CAPITAL TITLE CORPORATION 57779 5/21/2002 02475 CARBON INC 57780 5/21/2002 00262 CARLE, JEANETTE 57781 5/21/2002 00280 CENTRAL STORES 57782 5/21/2002 02476 CONVERGENT MEDIA 57783 5/21/2002 00399 DIAMOND VOGEL PAINTS 57784 5/21/2002 02477 EAGLE VALLEY GOLF COURSE 57785 5121/2002 02478 ELECTRICAL SYSTEMS OF ANOKA 57786 57787 57788 57789 57790 57791 57792 57793 57794 57795 57796 57797 57798 57799 57800 57801 57802 57803 57804 57805 57806 57807 57808 57809 57810 Description /Account DANCE COSTUMES REF CINDY BARNES - MEMBERSHIP WASTE MGMT FEE 21 DEPT OF TRANSPORTATION STICKE 2002 CHEVROLET SILVERADO, MODEL REPAIRS FROM ACCIDENT ($895.04) AN DCRP & FLEX PLAN WEEKLY PAYMENT DATA PROCESSING - MAR PATROL & BOARDING FEES MAPPING OPEN SPACE SITES TUNED PIANO MONTHLY WATER UTIL - BILL DATE 5/14 FUEL PROJ 01 -19 TESTING & SOIL BORINGS APPLICANT BACKGROUND CHECK PROJ 01 -14 OWNERSHIP & ENCUMBRAN PROJ 01 -14 OWNERSHIP & ENCUMBRAN PROJ 01 -14 OWNERSHIP & ENCUMBRAN BEHAVIOR MGMT TRNG SUMMER STAF REIMBURSE MILEAGE & MEAL 1/9 TO 5 ELD FILE SYSTEM ELD FILING SYSTEM REPAIR FUSE HLDR - LIFT STA AUTODIP PAINT & SUPPLIES - STATION 3 BANQUET ROOM RENTAL 5/20 TO 5/22 ATHLETIC FIELD LIGHTING ATHLETIC FIELD LIGHTING FIXTURES CITY LANDFILL CLEANUP - APRIL REIMBURSE FOR IAPMO MEETING MCC FLYERS PSYCHOLOGICAL EXAM REIMBURSE MEALS 4/22 TO 5/9 PAINT 5 SERVICE DOORS 24" BROOM BIRTHDAY CAKES HARDWARE /SOFTWARE MAINT - JUNE TNT RESCUE SYSTEM INCLUDES TAX & REIMBURSE FOR SAFETY BOOTS CERTIFICATION TESTING 4/28 ROOM RENTAL 5/22,23,24 & 6/26,27,28 DAMAGE DEPOSIT 5/22,23,24 & 6/26, HIGH SCH SOFTBALL LEAGUE FEE - 3 T REIMBURSE MILEAGE & MEAL 2/28 TO 4 REF PRESENTATION CHURCH - GRP EV REF NATL ASSN OF LETTER CARRIERS REF JEANINE BERFELDT - GOLF REF LISA KELLY - SOCCER REF MARY LEIVIOLETTE - SOFTBALL SPRING BURN AT PRIORY - UNIT 2 SPRING BURN AT PRIORY - UNIT 3 SPRING BURN AT PRIORY - UNIT 4 REIMBURSE VCR CAMCORDER DISK DATA PROCESSING CHARGES - MARCH 11 SIGNS - MAPLEWOOD WELCOMES Y Amount 1,123.24 195.00 1,881.33 42.00 28,614.02 1,663.62 1,302.35 392.00 820.96 620.00 60.00 1,097.16 24.69 2,854.50 50.00 115.00 75.00 115.00 275.00 28.28 51.31 51.31 1,276.78 181.69 835.00 55, 350.00 67,566.00 1,180.00 20.00 337.52 350.00 26.84 140.00 68.87 85.50 738.68 14,961.16 109.95 135.00 1,080.00 75.00 900.00 10.03 800.00 490.38 65.00 40.00 38.00 600.00 650.00 500.00 26.61 1,400.00 8,660.00 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 5/21/2002 02117 02071 00719 01606 02047 02436 00888 00932 00945 00982 00988 01044 02479 02479 01131 01215 00001 00001 00001 00001 00001 01289 01300 01337 01358 ENVIRONMENTAL RESOURCE GROUP FISHER, DAVID INDEPENDENT SCHOOL DIST. #622 INSTITUTE FOR FORENSIC PSY, THE LARSON, DAN LESSARD PAINTING INC M/A ASSOCIATES MAPLEWOOD BAKERY MASYS CORP METRO FIRE INC MEYER, GERALD MN FIRE SERVICE CERT BD NORTH ST PAUL COMMUNITY CENTER NORTH ST PAUL COMMUNITY CENTER NSPAA OLSON, SANDRA K ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR PRAIRIE RESTORATIONS INC PRIEBE, WILLIAM M RAMSEY COUNTY -PROP REC & REV REDWOOD SIGN COMPANY dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd dd CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 05/10/02 EMPLOYEE NAME COLLINS, KENNETH JUENEMANN, KATHLEEN KOPPEN, MARVIN DARST, ROBERTA FURSMAN, RICHARD FRANK, PETER SCHLINGMAN, PAUL SEEGER, GERALD SWANSON, LYLE YOUNG, DILLON CARLSON, THERESE LE, SHERYL FAUST, DANIEL URBANSKI, HOLLY ANDERSON, CAROLE BAUMAN, GAYLE JACKSON, MARY KELSEY, CONNIE TETZLAFF, JUDY FRY, PATRICIA GUILFOILE, KAREN OSTER, ANDREA CAROE, JEANETTE JAGOE, CAROL JOHNSON,' BONNIE. OLSON, SANDRA WEAVER, KRISTINE CORCORAN, THERESA MARTINSON, CAROL POWELL, PHILIP SPANGLER, EDNA THOMALLA, DAVID WINGER, DONALD ABEL, CLINT ALDRIDGE, MARK ANDREWS, SCOTT BAKKE, LONN BANICK, JOHN BELDE, STANLEY B OHL, JOHN BUSACK, DANIEL DOBLAR, RICHARD DUGAS, MICHAEL HALWEG, KEVIN AMOUNT 357.47 357.47 357.47 1,265.66 4,846.52 560.00 1,951.14 487.03 1,641.21 659.66 2,017.98 3,612.99 3,762.14 1,581.54 1,130.48 2,575.00 1,664.74 679.79 1,602.34 1,545.54 2,502.24 1,611.95 . 1,578.65 1,490.34 1,059.46 1,004.13 1,453.93 1,303.67 1,571.85 1,860.59 258.50 3,122.96 3,747.55 1,611.12 2,456.39 2,468.52 2,217.14 2,846.10 2,351.12 2,262.86 1,825.48 457.13 1,429.05 2,777.54 I ? CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD o - t 2,222.35 2,374.28 2,494.80 2,688.12 2,557.14 1,679.30 1,695.65 2,904.27 1,825.48 1,954.30 1,572.11 1,790.79 1,429.05 1,825.48 3,094.06 2,083.16 2,598.90 3,300.63 2,202.09 2,301.20 1,429.05 2,221.91 1,884.02 1,429.05 2,530.28 2,659.26 2,192.31 2,784.15 2,281.38 1,836.64 2,362.90 2,321.03 1,416.62 1,639.09 1,653.74 2,212.38 2,255.49 2,289.90 1,674.34 1,689.65 1,689.65 1,611.14 1,674.34 1,701.33 1,849.06 1,674.34 u's CHECK # CHECK DATE EMPLOYEE NAME dd 05/10/02 HEINZ, STEPHEN dd 05/10/02 HERBERT, MICHAEL dd 05/10/02 HIRBERT, STEVEN dd 05/10/02 JOHNSON, KEVIN dd 05/10/02 KAKIS, FLINT dd 05/10/02 KONG, TOMMY dd 05/10/02 KROLL, BRETT dd 05/10/02 KVAM, DAVID dd 05/10/02 LARSON, DANIEL dd 05/10/02 LU, JOHNNIE dd 05/10/02 MARINO, JASON dd 05/10/02 MARTIN, JERROLD dd 05/10/02 METRY, ALESIA dd 05/10/02 OLSON, JULIE dd 05/10/02 PALMA, STEVEN dd 05/10/02 PIKE, GARY dd 05/10/02 RABBETT, KEVIN . dd 05/10/02 STEFFEN, SCOTT dd 05/10/02 STOCKTON, DERRELL dd 05/10/02 SZCZEPANSKI, THOMAS dd 05/10/02 IRAN, JOSEPH dd 05/10/02 WATCZAK, LAURA dd 05/10/02 WENZEL, JAY dd 05/10/02 XIONG, KAO dd 05/10/02 BARTZ, PAUL dd 05/10/02 BERGERON, JOSEPH dd 05/10/02 CROTTY, KERRY dd 05/10/02 DUNN, ALICE dd 05/10/02 ERICKSON, VIRGINIA dd 05/10/02 EVERSON, PAUL dd 05/10/02 FLOR, TIMOTHY dd 05/10/02 FRASER, JOHN dd 05/10/02 HALWEG, JODI dd 05/10/02 MORNING, TIMOTHY dd 05/10/02 PARSONS, KURT dd 05/10/02 ROSSMAN, DAVID dd 05/10/02 THIENES, PAUL dd 05/10/02 GERVAIS -JR, CLARENCE dd 05/10/02 BOYER, SCOTT dd 05/10/02 FEHR, JOSEPH dd 05/10/02 FLAUGHER, JAYME dd 05/10/02 HOM, HEATHER dd 05/10/02 LAFFERTY, WALTER dd 05/10/02 LINN, BRYAN dd 05/10/02 PACOLT, MARSHA dd 05/10/02 RABINE, JANET o - t 2,222.35 2,374.28 2,494.80 2,688.12 2,557.14 1,679.30 1,695.65 2,904.27 1,825.48 1,954.30 1,572.11 1,790.79 1,429.05 1,825.48 3,094.06 2,083.16 2,598.90 3,300.63 2,202.09 2,301.20 1,429.05 2,221.91 1,884.02 1,429.05 2,530.28 2,659.26 2,192.31 2,784.15 2,281.38 1,836.64 2,362.90 2,321.03 1,416.62 1,639.09 1,653.74 2,212.38 2,255.49 2,289.90 1,674.34 1,689.65 1,689.65 1,611.14 1,674.34 1,701.33 1,849.06 1,674.34 u's CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 1,674.34 2,894.71 2,311.32 1,700.29 260.67 3,830.26 709.99 .2,152.74 1,891.72 1,632.07 2,053.42 1,828.10 2,341.54 2,706.02 1,914.66 1,740.34 1,956.66 2,098.82 1,316.74 2,828.79 2,003.14 3,878.92 2,301.62 5,889.06 3,182.72 3,542.69 1,611.94 2,341.54 1,373.62 1,678.34 1,268.75 1,367.65 1,921.54 273.00 940.73 1,780.76 3,680.30 2,388.78 940.75 894.20 1,331.94 684.40 1,175.94 1,805.38 1,854.66 2,410.20 10 CHECK # CHECK DATE EMPLOYEE NAME dd 05/10/02 STAHNKE, JULIE dd 05/10/02 LUKIN, STEVEN dd 05/10/02 SVENDSEN, RUSTIN dd 05/10/02 ZWIEG, SUSAN dd 05/10/02 DOLLERSCHELL, ROBERT dd 05/10/02 AHL, R. CHARLES dd 05/10/02 NIVEN, AMY dd 05/10/02 PRIEFER, WILLIAM dd 05/10/02 WEGWERTH, JUDITH dd 05/10/02 BRINK, TROY dd 05/10/02 DEBILZAN, THOMAS dd 05/10/02 EDGE, DOUGLAS dd 05/10/02 KANE, MICHAEL dd 05/10/02 LUNDSTEN, LANCE dd 05/10/02 LUTZ, DAVID dd 05/10/02 MEYER, GERALD dd 05/10/02 NAGEL, BRYAN dd 05/10/02 OSWALD, ERICK dd 05/10/02 TEVLIN, TODD dd 05/10/02 CAVETT, CHRISTOPHER dd 05/10/02 DUCHARME, JOHN dd 05/10/02 LINDBLOM, RANDAL dd . 05/10/02 PECK, DENNIS dd 05/10/02 PRIEBE, WILLIAM dd 05/10/02 SCHACHT, ERIN dd 05/10/02 ANDERSON, BRUCE dd 05/10/02 DOHERTY, KATHLEEN dd 05/10/02 MARUSKA, MARK dd 05/10/02 NAUGHTON, JOHN dd 05/10/02 SCHINDELDECKER, JAMES dd 05/10/02 BIESANZ, OAKLEY dd 05/10/02 GREW- HAYMAN, JANET dd 05/10/02 HUTCHINSON, ANN dd 05/10/02 KOS, HEATHER dd 05/10/02 NELSON, JEAN dd 05/10/02 GAYNOR, VIRGINIA dd 05/10/02 COLEMAN, MELINDA dd 05/10/02 EKSTRAND, THOMAS dd 05/10/02 KROLL, LISA dd 05/10/02 LIVINGSTON, JOYCE dd - 05/10/02 SINDT, ANDREA dd 05/10/02 THOMPSON, DEBRA dd 05/10/02 YOUNG, TAMELA dd 05/10/02 BERGO, CHAD dd 05/10/02 FR*4WALL, SHANN dd 05/10/02 ROBERTS, KENNETH AMOUNT 1,674.34 2,894.71 2,311.32 1,700.29 260.67 3,830.26 709.99 .2,152.74 1,891.72 1,632.07 2,053.42 1,828.10 2,341.54 2,706.02 1,914.66 1,740.34 1,956.66 2,098.82 1,316.74 2,828.79 2,003.14 3,878.92 2,301.62 5,889.06 3,182.72 3,542.69 1,611.94 2,341.54 1,373.62 1,678.34 1,268.75 1,367.65 1,921.54 273.00 940.73 1,780.76 3,680.30 2,388.78 940.75 894.20 1,331.94 684.40 1,175.94 1,805.38 1,854.66 2,410.20 10 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 2,230.34 2,608.78 271.25 1,640.54 1,529.14 1,144.93 1,580.10 2,439.86 1,683.14 1,929.38 2,271.12 391.92 1,979.14 2,277.54 613.05 351.68 1,600.64 654.33 477.70 2,565.11 136.50 258.81 295.22 124.80 66.51 43.50 520.17 65.90 1,499.14 39.60 357.97 123.70 83.80 386.34 353.78 328.38 825.23 829.35 1,314.34 70.53 1,494.34 1,582.08 2,509.08 406.20 357.47 62.50 11 CHECK # CHECK DATE EMPLOYEE NAME dd 05/10/02 CARVER, NICHOLAS dd 05/10/02 FISHER, DAVID dd 05/10/02 BJORK, BRANDON dd 05/10/02 FINN, GREGORY dd 05/10/02 GRAF, MICHAEL dd 05/10/02 KELLY, LISA dd 05/10/02 ROBBINS, AUDRA dd 05/10/02 TAUBMAN, DOUGLAS dd 05/10/02 BREHEIM, ROGER dd 05/10/02 NORDQUIST, RICHARD dd 05/10/02 SCHULTZ, SCOTT dd 05/10/02 COLEMAN, PHILIP dd 05/10/02 CROSSON LINDA dd 05/10/02 EASTMAN, THOMAS dd 05/10/02 ERICKSON, KYLE dd 05/10/02 HABLE, NATASHA dd 05/10/02 HERSOM, HEIDI dd. 05/10/02 MCCLUNG, HEATHER dd 05/10/02, ROA, MILTON dd 05/10/02 STAPLES, PAULINE dd 05/10/02 AHL, KAREN dd 05/10/02 ATKINS, KATHERINE dd. 05/10/02 BADEN, ALISON dd 05/10/02 CORNER, AMY dd .05/10/02 DEGRAW, KRYSTAL dd 05/10/02 ERICKSON, CAROL dd 05/10/02 GREENWALT, SARAH dd 05/10/02 HASSENSTAB, DENISE dd 05/10/02 HORWATH, RONALD dd 05/10/02 KOEHNEN, AMY dd 05/10/02 KRONHOLM, KATHRYN dd 05/10/02 MARUSKA, ERICA dd 05/10/02 WHITE, NICOLE dd 05/10/02 WORWA, LINDSAY dd 05/10/02 GROPPOLI, LINDA dd 05/10/02 RENSLOW, RITA dd 05/10/02 LONETTI, JAMES dd 05/10/02 PRINS, KELLY dd 05/10/02 REILLY, MICHAEL dd 05/10/02 STEINHORST, JEFFREY dd 05/10/02 AICHELE, CRAIG dd 05/10/02 FOWLDS, MYCHA.L dd 05/10/02 HURLEY, STEPHEN Wf 88844 05/10/02 CARDINAL, ROBERT Wf 88845 05/10/02 WASILUK, JULIE Wf 88846 05/10/02 INGVOLDSTAD, CURTIS AMOUNT 2,230.34 2,608.78 271.25 1,640.54 1,529.14 1,144.93 1,580.10 2,439.86 1,683.14 1,929.38 2,271.12 391.92 1,979.14 2,277.54 613.05 351.68 1,600.64 654.33 477.70 2,565.11 136.50 258.81 295.22 124.80 66.51 43.50 520.17 65.90 1,499.14 39.60 357.97 123.70 83.80 386.34 353.78 328.38 825.23 829.35 1,314.34 70.53 1,494.34 1,582.08 2,509.08 406.20 357.47 62.50 11 1-2 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT Wf 88847 05/ 10/02 JAHN, DAVID 1,513.94 Wf 88848 05/10/02 MORIN, TROY 168.00 Wf 88849 05/ 10/02 GENNOW, PAMELA 362.50 Wf 88850 05/10/02 MATHEYS, ALANA 1,741.94 Wf 88851 05/10/02 HANSEN, LORI 1,396.74 Wf 88852 05/10/02 VIETOR, LORRAINE 1 Wf 88853 05/10/02 PALANK, MARY 1,517.51 Wf 88854 05/10/02 RICHIE, CAROLE 1 Wf 88855 05/10/02 SVENDSEN, JOANNE 1 Wf 88856 05/10/02 TICHY, PAMELA 84.00 Wf 88857 05/10/02 STEINER, JOSEPH 562.50 Wf 88858 05/10/02 WELCHLIN, CABOT 2,647.76 Wf 88859 05/10/02 SHORTREED, MICHAEL 2 Wf 88860 05/10/02 CUDE, LARRY 418.59 Wf 88861 05/10/02 FREBERG, RONALD 2,009.94 Wf 88862 05/10/02 JONES, DONALD 1,851.11 Wf 88863 05/10/02 BOHMBACH, JOSHUA 187.20 Wf 88864 05/10/02 ELIAS, JAMES 2 wf 88865 05/10/02 GROVER, CAROLYN 180.90 Wf 88866 05/10/02 CARVER, JUSTIN 245.00 Wf 88867 05/10/02 EDSON, DAVID 2 Wf 88868 05/10/02 HELEY, ROLAND 1 Wf 88869 05/ 10/02 HINNENKAMP, GARY 1,748.70 Wf 88870 05/10/02 LINDORFF, DENNIS 1 Wf 88871 05/10/02 NOVAK, MICHAEL 1 Wf 88872 05/10/02 O'DONOVAN, KEVIN 280.50 Wf 88873 05/10/02 GERNES, CAROLE 343.75 Wf 88874 05/10/02 SOUTTER, CHRISTINE 324.00 Wf 88875 05/10/02 WORDEN, KRISTEN 186.88 Wf 88876 05/10/02 BUNCE, LARRY 1 Wf 88877 05/10/02 WENGER, ROBERT 2 Wf 88878 05/10/02 CHRISTIANSON, SARA 156.75 Wf 88879 05/10/02 DEGREE, AMANDA 92.00 Wf 88880 05/10/02 FRANK, LAURA 233.75 Wf 88881 05/10/02 OHLHAUSER, MEGHAN 363.88 Wf 88882 05/10/02 SHADE II, JOHN 152.00 Wf 88883 05/10/02 SHOBERG, KARI 50.63 Wf 88884 05/10/02 GERMAIN, DAVID 1 Wf 88885 05/10/02 HAAG, MARK 1,722.63 Wf 88886 05/10/02 NADEAU, EDWARD 2,341.54 Wf 88887 05/10/02 GLASS, JEAN 1 Wf 88888 05/10/02 HOIUM, SHEILA 957.02 Wf 88889 05/10/02 KOEPKE, JENNIFER 156.20 Wf 88890 05/10/02 LARSON, DEBRA 180.63 wf 88891 05/10/02 MOY, PAMELA 360.19 Wf 88892 05/10/02 PARTLOW, JOSHUA 236.80 1-2 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT Wf 88893 05/10/02 RIDLEHOOVER, KATE 29.80 Wf 88894 05/10/02 SCHMIDT, RUSSELL 1,503.14 Wf 88895 05/10/02 SHOBERG, CARY 532.17 Wf 88896 05/10/02 STANSELL, DARYL 309.40 Wf 88897 05/10/02 TOLBERT, FRANCINE 108.80 Wf 88898 05/10/02 LINGER, MARGARET 732.51 Wf 88899 05/10/02 VELASQUEZ, ANGELA 509.48 Wf 88900 05/10/02 ANDERSON, CALEB 48.75 Wf 88901 05/10/02 ANDERSON, JONI 162.11 Wf 88902 05/10/02 BACHMAN, NICOLE 93.60 . wf 88903 05/10/02 BJORAKER, JOHN 181.50 Wf 88904 05/10/02 BRENEMAN, NEIL 139.84 Wf 88905 05/10/02 CHAPMAN, JENNY 269.08 Wf 88906 05/10/02 CORY, GRACE 106.25 Wf 88907 05/10/02 COSTA, JOSEPH 490.00 Wf 88908 05/10/02 DANICH, MARCUS 212.88 Wf 88909 05/10/02 DEMPSEY, BETH 64.40 Wf 88910 05/10/02 DIERICH, ANDREA 235.63 Wf 88911 05/10/02 DOTY, JANET 458.96 Wf 88912 05/10/02 DUNK, RYAN 297.50 Wf 88913 05/10/02 FIERRO WESTBERG, MELINDA 80.40 Wf 88914 05/10/02 FONTAINE, ANTHONY 38.00 Wf 88915 05/10/02 FONTAINE, KIM 226.05 Wf 88916 05/10/02 GRUENHAGEN, LINDA 300.90 Wf 88917 05/10/02 GUZIK, JENNIFER 149.50 Wf 88918 05/10/02 HEINN, REBECCA 146.83 Wf 88919 05/10/02 HEXUM, AMANDA 39.30 Wf 88920 05/10/02 HOLMGREN, LEAH 234.10 Wf 88921 05/10/02 HOULE, DENISE 166.40 Wf 88922 05/10/02 IRISH, KARL 110.50 Wf 788923 05/10/02 JOHNSON, ROBERT 266.00 Wf 88924 05/10/02 JOYER, MARTI , 79.00 Wf 88925 05/10/02 KOEHNEN, MARY 554.18 Wf 88926 05/10/02 LAWSON, JOSHUA 43.88 Wf 88927 05/10/02 MCMAHON, MELISSA 51.75 Wf 88928 05/10/02 MELCHER, ROBERT 29.25 Wf 88929 05/10/02 MOSSONG, ANDREA 492.04 Wf 88930 05/10/02 NELSON, NICHOLAS 91.70 Wf 88931 05/10/02 O'REAGAN, CHRISTINE 116.00 Wf 88932 05/10/02 OLSON, MARGRET 105.63 Wf 88933 05/10/02 PEHOSKI, JOEL 153.00 Wf 88934 05/10/02 PROESCH, ANDY 58.95 Wf 88935 05/10/02 RENSTROM, KEVIN 178.36 Wf 88936 05/10/02 RODEN, JASON 201.25 Wf 88937 05/10/02 SCHAEFER, ROB 99.33 Wf 88938 05/10/02 SCHULTZ, PETER 56.88 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 88939 05/10/02 SIMONSON, JUSTIN 78.80 wf 88940 05/10/02 SMITLEY, SHARON 214.00 wf 88941 05/10/02 TUPY, HEIDE 36.00 wf 88942 05/10/02 TUPY, MARCUS 176.30 wf 88943 05/10/02 WAGNER,, ERIC 168.00 wf 88944 05/10/02 WARNER, CAROLYN 132.40 wf 88945 05/10/02 WEDES, CARYL 104.25 wf 88946 05/10/02 WOODMAN, ALICE 101.70 wf 88947 05/10/02 BOSLEY, CAROL 115.00 wf 88948 05/10/02 BREITBACH, GARY 588.00 wf 88949 05/10/02 ERVIN, EMILY 51.00 wf 88950 05/10/02 ESALA, HOPE 48.00 wf 88951 05/10/02 EVEGAN, LAVITTA 108.00 wf 88952 05/10/02 HANSEN, ANNA 50.40 wf 88953 05/10/02 HUPPERT, ERICA 54.00 wf 88954 05/10/02 KONECZNY, JENNA 13.50 wf 88955 05/10/02 KURKOSKI, STEPHANIE 51.00 wf 88956 05/10/02 SCHROEDER, KATHLEEN 292.95 wf . -88957 05/10/02 SHERRILL, CAITLIN 177.00 wf - 88958 05/10/02 BEHAN, JAMES 1 wf .:.88959 05/10/02 DIXON, NICOLE 26.20 wf 88960 05/10/02 DOUGLASS, TOM 837.71 wf 88961 05/10/02 HEGG, MICHELLE 189.95 wf 88962 05/10/02 HERRON, MICHELLE 57.15 wf 88963 05/10/02 KOSKI, JOHN 1,097.54 wf 88964 05/10/02 KYRK, ASHLEY 159.50 wf 88965 05/10/02 LESLIE, DUSTIN 47.95 wf 88966 05/10/02 PATTERSON, ALBERT 837.71 wf 88967 05/10/02 PETERSON, LYNDSAY 48.65 wf 88968 05/10/02 RISTOW, JONATHAN 139.00 wf 88969 05/10/02 SCHMIDT, WILLIAM 252.70 wf 88970 05/10/02 SCHULZE, BRIAN 266.70 wf 88971 05/10/02 SEVERSON, HOLLY 28.60 wf 88972 05/10/02 YOUNG, MATTHEW 133.35 wf 88973 05/10/02 ZIEMER, NICOLE 58.95 wf 88974 05/10/02 MULVANEY, DENNIS 1 wf 88975 05/10/02 PRIEM, STEVEN 1 380,904.17 14 Agenda Report To: Mayor and City Council From: Richard Fursman Date: 5/28/2002 Re: Water Utility Board of Commissioners A lr r I O PWI The agreement as presented allows the City of Maplewood to retain a seat for the next four years. * The*.:';I.seats will then rotate every two years. The director, Bernie Bullert would like to':have commissioners seated by June when the budget is developed: Mayor Cardinal is the current council appointed board member and may serve through December 2002. Direction Requested: The Council is requested to approve the Joint Powers Agreement for suburban representation selection process to the Board of Water Commissioners, with Mayor Cardinal as one of two representatives through December 31, 2002. 1 MAY - 7 2002 May 6, 2002 Richard Fursman City Manager City of Maplewood. 1830 E. County Road B Maplewood, N4N 55109-2702 Dear Richard: I have enclosed a copy of a draft joint powers agreement for board rotation on the St. Paul Water Utility Board of Commissioners. Thank you for your patience! P_lease this and call me if you have comments, questions or concerns. We should probably schedule one ' ore 'meeting to discuss this and finalize the draft prior to adoption by each of our cities. I will contact you in the next week or so to check schedules. The board rotation, as you will see, pairs two different cities with each other in the two -year rotation schedule through 2013. It also allows the City of Maplewood to retain their seat for the next four years as requested, while giving West St. Paul the first seat in the new rotation as requested. Bernie Bullert would like the commissioners to be seated by June, as the Board does not currently have a voting quorum. Warmest regards, Heather Worthington City Administrator JOINT POWERS AGREEMENT FOR SUBURBAN REPRESENTATION SELECTION PROCESS TO THE BOARD OF WATER COMMISSIONERS DRAFT This agreement, made and entered into as of this day of , 2002, by and between the Cities of Falcon Heights, Lauderdale, Maplewood, and West St. Paul, municipal corporations under the laws of Minnesota (hereinafter referred to as "Suburban Cities"), WITNESSETH: WHEREAS, the Board of Water Commissioners (hereinafter referred to as the "Board "), is a municipal corporation organized under the 1885 Laws of the State of Minnesota, Chapter 110, which laws originally provided for a five (5) member governing commission; and WHEREAS, the Saint Paul Charter Commission and Saint Paul City council have authorized that the composition and governance of the Board of Water Commissioners be enlarged and changed so as to allow for representation by suburban municipalities that have contacted with the Board for the provision of water services, as more fully explained in Saint Paul City Council Resolution No. 96 -1369, which is attached hereto as Exhibit "A "; and WHEREAS, prior to January 1, 1998, the Board of Water Commissioners consisted of five total members: three (3) Saint Paul City Council members appointed to two (2) year terms by the Mayor of Saint Paul, and two (2) at -large Saint Paul citizen members appointed to four (4) year terms by the Mayor of Saint Paul; and WHEREAS, in a contract with the City of Maplewood for the provision of water services, Maplewood and the Board agreed to enlarge Board membership to six total members with the additional, member representing the City of Maplewood, as more fully explained in the following (Article I, Section 3): 99548 Q 1 In accordance with the terms of the proposed amendment to the Saint Paul City Charter the Maplewood representative on the Board of Water Commissioners will be a resident of the City of Maplewood appointed by the Mayor and City Council of Maplewood and who shall serve for a term of four (4) years. The appointment by Maplewood will be made by January 1, 1998. In the event of a tie vote on any issue, the Mayor of Saint Paul shall be considered an ex officio member of the Board with the right to vote to break the tie vote; and WHEREAS, in Article I, Section 4 of the same Maplewood Agreement, the Board agreed to seek to gr gr enlarge the Board membership to seven total members in the event that other suburban cities ' ies enter Into similar agreements With the Board, as more fully explained in the following: In the event that at least three (3) additional suburban cities enter into agreements with the Board that are similar to this Maplewood Agreement, Water Board membership will be expanded to seven (7) members. The two (2) non -Saint Paul resident members will thereafter represent all of the suburban cities, including Maplewood. In the event that the total of residential accounts plus commercial and industrial accounts (excluding auto -fire accounts0 of communities outside the Ci t of Saint Paul and served by agreements similar to this Agreement exceed forty -three percent (43%) of the total Board's accounts, the number of Saint Paul appointees pp will be changed to four and suburban representation to three; and - WHEREAS, the Cities of Falcon Heights, Lauderdale and West St. Paul have executed agreements similar to the Maplewood Agreement, and therefore are entitled to seek and expand Board membershi p to a total of seven members in order to increase the suburban representation on the Board; and WHEREAS, the parties to this Agreement are desirous of j ointly and cooperatively developing a plan to p Y p g p select the present and future suburban representatives to the Board of Water Commissioners' and NOW, THEREFORE, the parties hereto do hereby jointly agree to the following: SECTION I. GENERAL PURPOSE It is the general purpose of the parties to this agreement to jointly and cooperatively develop a plan to appoint the original suburban representative(s) to the Board of Water Commissioners and to select replacement 99548 Q 2 representative(s) for appointment following the term s ex iration of the original representative(s) p () or in the event that a suburban representative is unable to complete a term. SECTION II. SELECTION OF SUBURBAN REPRESENTATIVES TO THE BOARD OF WATER COMMISSIONERS The parties agree that the two suburban representatives shall be selected on ' p the following bases and according to the following terms: I. The two suburban seats shall be designated as Seat A and Seat B. 2. The City of Maplewood shall appoint a representative to the Board designated p P as Seat A, and said appointee was designated as of January 1998 through December ' Y � g 31, 2001, with a second four -year term from January 1, 2002 through December 31 2005. After g this term ends, the seat shall become a two -year term seat and shall be rotated among he suburb ' representatives g an in the following order: a) Lauderdale (2006 -2007) b) West St. Paul (2008 -2009) C) Falcon Heights (2010 =2011) d) Maplewood (2012-2013) 3. The second suburban representative shall be designated as Seat B and a - g shall be a two-year term seat with the first term com=.enci??g January 1, 2002 and endi Decemb 31 2003. a � Representation on Seat B shall be rotated among he suburban representatives in the following g p 1 ovving order: a) West St. Paul (2002 -2003) b) Falcon Heights (2004 -2005) C) Maplewood (2006 -2007) d) Lauderdale (2008 -2009) 99548 Q 3 4. The parties agree that in the event an additional suburban communit y enters into a Water Service Agreement similar to those agreements executed by and between the Board and the cities of Falcon Heights, Lauderdale, Maplewood and West St. Paul that this agreement shall be amended to include any such additional communities, Which communities shall be subjJ ect to the same terms and conditions as the original communities. 5. Vacancies -- the agree that a vacancy on the Board of Seat A and /or Seat B shall be filled by the City currently holding the appointment and shall be for the eriod remaining in the two p g (2) year term. 6. Duration — the parties agree that the term of this Agreement shall continue until December 31 2013, unless otherwise amended as provided herein. .7. Amendment — the parties agree that this agreement may be amended upon such terms and conditions as may be mutually agreed to in writing by all of the suburban communities currentl y represented on the Board of Water Commissioners at the time of amendment. 99548 Q 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement. ' g to be :executed in their behalf respectively as of the day: and ear first above written n. FORM. APPROVED:,. CITY OF FALCON HEIGHTS BY: B City Attorney Mayor . B City Administrator CITY OF LAUDERDALE BY: City Attorney City Attorney Mayor BY: City Administrator CITY OF WEST ST. PAUL BY: Mayor BY: City Administrator 99548 Q S Agenda # MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Assistant Community Development Director SUBJECT: Resolution Adoption for LCDA Grant Application LOCATION: Frost Avenue and English Street Neighborhood Redevelopment DATE: May 14, 2002 INTRODUCTION Action by Council Date Endor :red Modified Rejected City staff is requesting that the city council adopt the attached resolution. This resolution is required by the Metropolitan Council as part of the city's application for a grant to pay for the land use planning study of the Frost and English neighborhood. These funds, if granted, would be used for hiring a planning consultant to study and provide a recommendation for the redevelopment of this area. Staff is requesting a grant of $40,000. The terms of this grant require that the city match this amount. BACKGROUND The city council has set the redevelopment of this neighborhood as ahigh- priority goal. DISCUSSION This grant opportunity comes at an opportune time since the Assistant City Manager has begun interviewing qualified planning consultants for this task. RECOMMENDATION Adopt the attached resolution showing the city council's intent to comply with the Livable Communities Demonstration Grant contract requirements for the requested $40,000 Opportunity Grant for planning purposes. p:com_dvpt\miscel IILCDA2002grant.res.doc Attachments: 1. Location Map of Frost and English Study Area 2. Resolution Attachment 1 ,. rw ,r! FROST AVENU `.,` `!r: ` ' 1 • • ' ••,,. �• � -• 'mo w . i -Ile ee Lj LiL I .... .......... j 'ter r • + / !,I ' fir ' i / El w . MAPLEWOOD OPEN SPACE i L 1 -1 111 71. I I J1 -1 1 mom cn cQ _ w r / ex , t 7.sj+ . .� yh K• 4 • \. • ,` 7 L/ ; / mot �••'/! /\ , t ,� .r .,' ..S _ • S. `,r rte' Lu : . �;�� - z•2.�` ' ^� - wL � y ���r,� `. �✓'1 .� , /te • .fit p 3y � '± �- +, ! .�'� F t ••,i + :P "a !� ^���.�+ � l�' �r..c".6 1 \ !• Iii t.. ». �. P.i!{ sec - 7`t`' , 'S`34 __ • 7�k= .�uW.•.E ��.t�' "b._`M LOCATION MAP FROST AND ENGLISH STUDY AREA 2 li N Attachment 2 RESOLUTION FOR AUTHORIZING AN APPLICATION FOR AN OPPORTUNITY GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, The City of Maplewood is a participant in the Livable Communities Act's Housing Incentives Program for 2002 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS, the city has identified a proposed project within the city that meets the Demonstration Account's purpose and criteria; and WHEREAS, the city has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the city certifies that it will comply with all applicable laws and regulations as stated in the contract agreements: and WHEREAS, the city council of the City of Maplewood, Minnesota agrees to act as legal sponsor for the project contained in the opportunity grant application submitted on May 15, 2002. THEREFORE, BE IT RESOLVED, that the city manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Maplewood and to execute such agreements as are necessary to implement the project on behalf of the applicant. The Maplewood City Council adopted this resolution on May 28, 2002. 3 Agenda # Action by Council MEMORANDUM TO: FROM: SUBJECT: LOCATION: PROJECT DATE: City Manager Ken Roberts, Associate Planner Conditional Use Permit Review 1955 Clarence Street Maplewood Fire Station Number 2 May 20, 2002 INTRODUCTION Date Endorsed Modified,..,. Rejected ' The conditional use permit (CUP) for Maplewood Fire Station Number 2 at 1955 Clarence Street is due for review. (See the maps on pages 3 through 5 and the city council minutes starting on page 6.) BACKGROUND On March 13, 2000, the council approved the following for this site: 1. A comprehensive land use plan amendment from R31-1 (residential high density) to G (government facility). The code requires that; to approve a conditional use permit (CUP), the land use plan designation for a property must be in conformance with the proposed use. 2. A parking lot setback variance for the proposed 10 parking spaces that would front on Clarence Street. The code requires a 15 -foot setback and these will be perpendicular spaces accessed .directly from Clarence Street. 30 A parking lot curbing variance for sections of the parking lot and entrance drive that are not proposed for curbing. The code requires continuous concrete curbing for parking lots with more than 12 spaces. The applicant was not proposing curbing in these areas for more effective- drainage. 4. A CUP for a public building.. The city code requires a CUP for "public utility, public service or public building uses." 5. The building, site and landscape plans. On April 9, 2001, the council reviewed this permit and agreed to review it again in one year. DISCUSSION The contractor has finished most of the site work for this facility. However, four dead trees south of the pond need replacing. In addition, the landscaping contractor needs to plant at least seven trees on the south side of the pond on the east side of Clarence Street. Chief Lukin told me that he would contact the landscape contractor to have them finish this remaining work. The city council should review this CUP again in one year to ensure that the contractor has finished the landscaping and to ensure that this facility is meeting all the city conditions. RECOMMENDATION Review the conditional use permit for Maplewood Fire Station Number 2 at 1955 Clarence Street again in one year. Kr /p:sec15 /firestation review.doc Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. March 13, 2000 City Council Minutes 2 Attachment 1 PALM N H! L ti 1P �, CS v> > CT. p p,1.1A w s o CT, W o N° CO d E5 HI EDGELL RD. 0 in CONNOR Cdr per. NO R a DEMONT AVE. 1 AYE v r J T. DEMOS AVE. O Hit BROOK AVE BROOKS W W Z AVE. ° �fNTh :� � 8R� S r ° SEX TANT s os a A ' CT. AVE. 4 AVE. LL, � .r k ® GERVAIS AVE. >- GERVAIS GE ° d r k � R v GRANDVIEW AVE. W CT. y � Pte VIKING DR. Y SHERREN AVE. AVE. ' Knu2LIsod Lake COPE AVE. COPE AVE. Pg �• • :� LARK CT. v A LARK a AVE. a Keller �) !, �. Z LAURIE Lake.' ° CO. < R0. N v LAURIE RD. Z ss. wwdo LAURIE ° RD W �? i rA t f i LELAND R0. 0 c AVE. o W v Idd SAND URST — z R3 JUNCTION AVE W z W ''' CO. R0. 8 euaxE Cr. j f �� c par* = 0. 6V E m BURKE AVE. a ® BURKE A VE. c• �C�` v • Pot* (1) CHAMBERS ST ° (1 AVE g ° EL.OR IDGE AVE. John GbM , AV �c. M• LN. w �� SE �n AVE. BELMONT AVE. �� LOUR 3 Gotew City HoN GOL SKILL AV E. MAN AVE. HARRIS AVE. W_ FOOD K� = SHE • ROSEWOOD AVE. N. ° d r .� OSEW D F0rk AN AV Q t AVE. S. J RAMSEY COUNTY VE W NURSING HOME AND Tra;l A ao �• pT� FAIR GROUNDS FROST AVE. AL.DRICH GOODRICH L; I ��. a IS ® COURSE J� FE NTON AVE. z g tr Q W 4J W ¢ `� < W U MER v o SU R A AYE. ARENA 3 J c cooakh GO o FRISSIE AVE. < �• Pork sti O,Q 3 RIP LEY ? "` p ° RIPLEY AVE. F W ? G WokefieW Z ° 9 a r- SO PH IA o a �O� Lake c m ® KINGSTON AV �• '_ + ~ t i Y 175 4' N S HIA AVE } y ' z W AVE. ` Round , O v = g f W L6 PR ~`� ;l ake li ! Lake = N z J i Y _ } _ PRICE t►� • 0 52 1 3 Pt►alen I c z a. LOCATION MAP 3 4 N PROPERTY LINE /ZONING MAP 4 I ? N Attachment Attachment 3 SITE PLAN 5 4 N CLASS 5 WETLAND WpY � Rp 0 sm . x .- 110 :.•:`> •' ::$ � . � � � - z a W r (" ww ~100 M WIII .., PROPOSED ."' / / FIRE STATION 1 ul l V - 1 i � r W . Q - LANDSCAPE PLAN SITE PLAN 5 4 N Attachment 4 Minnesota Department of Gaming approve said permit application as being in compliance with Minn. Stat. §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. H. 'PUBLIC HEARINGS: 1. 7:00 Maplewood Fire Station (Clarence Street) A. Land Use Plan Amendment (R3 (H) to G) - 4 Votes B. Parking Lot Setback Variance (Clarence Street) C. Parking Lot Curbing Variance D. Conditional Use Permit E. Design Approval . a. Mayor Cardinal convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. c. Associate Planner Tom Ekstrand presented the specifics of the report. d. Boardmember Ananath Shankar presented the Community Design Review Board report. e. Chair Lorraine Fischer presented the Planning Commission report. f. Mayor Cardinal opened the public hearing, calling for proponents or opponents. No one appeared. g. Mayor Cardinal closed the public hearing. A. Land Use Plan Amendment (R3 (H) to G) - 4 Votes Councilmember Koppen introduced the following Resolution, approving a comprehensive land use plan amendment from R3H (residential hig ensrty ) to government facility) the Maplewood Fire Station. RESOLUTION 00 -03 -032 LAND USE PLAN CHANGE RESOLUTION WHEREAS, the Maplewood Fire Department applied for a change to the city's land use plan from R3H (high density residential) to G (government facility) to bring the land use plan into conformance with their . proposed use as a fire station. WHEREAS, this change applies to the property north and northwest of 1347 and 1351 Frost Avenue. The legal' description is: 5 6 That part of a 100.00 foot wide railroad right of way lying east of the east right of way line of Ramsey County LRT right of way (formerly the Burlington Northern Railroad right of way), lying south of the south right of way line of the State of Minnesota D.N.R. right - of way (formerly the St. Paul and St. Croix Falls R.R. right of way) and lying north of the north right of way line of Frost Avenue; the centerline of said 100.00 foot right -of -way is described as follows: Commencing at the southwest corner of the northwest quarter of Section 15, Township 29, Range 22; thence South 89 degrees 48 minutes 54 seconds East along the south line of said northwest quarter a distance of 377.35 feet to the beginning of the centerline to be described; thence northeasterly a distance of 1,064.80 feet along a nontangential curve concave to the southeast having a radius of 1,146.27 feet, a central angle of 53 degrees 13 minutes 24 seconds and a chord bearing of North 42 degrees 34 minutes 25 seconds East; thence North 69 degrees 11 minutes 07 seconds East a distance of 300.00 feet and said centerline there terminating. That part of Block 8, GLADSTONE, lying northeasterly of a line run from the northwest corner of said Block 8 to a point on the southeasterly line of said Block 8 distant 352.20 feet southwesterly from the most easterly corner thereof. WHEREAS, the history of this change is as follows: 1. 2. On February 23, 2000, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the land use plan change. T On March 13, 2000, the city council discussed the land use plan change. 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 change. because the proposed fire station would comply with the general development policies in the Maplewood Comprehensive Plan. The Maplewood City Council approved this resolution on March 13, 2000. Seconded by Councilmember Wasiluk Ayes - all B. Parking Lot Setback Variance (Clarence Street) Councilmember Koppen introduced the following Resolution, approving a parking lot setback variance for the proposed 10 parking spaces that would front on Clarence Street. The code requires a 15-foot setback. These would be perpendicular spaces accessed directly from Clarence Street. RESOLUTION 00 -03 -033 PARKING LOT SETBACK VARIANCE RESOLUTION WHEREAS, the Maplewood Fire Department applied fora arkin lot setback variance from the zoning p g g 7 6 code. WHEREAS, this variance applies to property north and northwest of 1347 and 1351 Frost Avenue. The legal description . is: That part of a 100.00 foot wide railroad right of way lying east of the east right of way line of Ramsey County LRT right of way (formerly the Burlington Northern Railroad right of way), lying. south of the south right of way line of the State of Minnesota D.N.R. right of way (formerly the St. Paul and St. Croix Falls R.R. right of way) and lying north of the north right of way line of Frost Avenue; the centerline of said 100.00 foot right -of -way is described as follows: Commencing at the southwest corner of the northwest quarter of Section 15, Township 29, Range 22; thence South 89 degrees 48 minutes 54 seconds East along the south line of said northwest quarter a distance of 377.35 feet to the beginning of the centerline to be described; thence northeasterly a distance of 1,064.80 feet along a nontangential curve concave to the southeast having a radius of 1,146.27 feet, a central angle of 53 degrees 1.3 minutes 24 seconds and a chord bearing of North 42 degrees 34 minutes 25 seconds East; thence North 69 degrees 11 minutes 07 seconds East a _distance of 300.00 feet and said centerline there terminating. That part of Block 8, GLADSTONE, lying northeasterly of a line run from the northwest corner of said Block 8 to a point on the southeasterly line of said Block 8 distant 352.20 feet southwesterly from the most easterly corner thereof. A , WHEREAS, Section 36- 28(c)(5)(a) of the zoning code requires a 15 -foot parking lot setback from street right -of- -way. WHEREAS, the applicant is proposing to build a parking lot in the Clarence Street right -of -way. WHEREAS, this requires a variance of 15 feet. WHEREAS, the history of this variance is as follows: 1. On February 23, 2000 the planning commission recommended that the city council approve this variance. 2. The city council held a public hearing on March 13, 2000. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity 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 variance as recommended by the city staff that would allow a parking lot to be built within the Clarence Street right -of -way for the following reasons: 1. Compliance with the setback requirements would cause the applicant undue hardship because of circumstances unique to the property. The site is oddly shaped making meeting all parking lot setback requirements difficult. 8 7 2. The applicant would meet the spirit and intent of the code by providing handicap- accessible parking spaces closer to the front entrance than if the spaces were moved to a different location. 3. The city has allowed parking in the right -of -way before when the situation warranted it. This variance is subject to the applicant submitting a curbing plan which indicates continuous concrete curbing, concrete edging and parking barriers as shown on the curbing diagram in the staff report. This plan must be submitted to staff for approval before the issuance of a building permit. The Maplewood City Council adopted this resolution on March 13, 2000. Seconded by Councilmember Allenspach Ayes - all C. Parking Lot Curbing Variance Councilmember Koppen introduced the following Resolution, approving a parking lot curbing variance for sections of the parking lot and entrance drive Mat are not propose or cur mg. The code requires continuous concrete curb mg for par mg lots with more than 12 spaces. The app scant is not proposing curbing in these areas for more effective drainage. RESOLUTION 00 -03 -034 PARKING LOT CURB VARIANCE RESOLUTION WHEREAS, the Maplewood Fire Department applied for a parking lot curbing variance from the zoninga code. WHEREAS, this variance applies to property north and northwest of 1347 and 1351 Frost Avenue. The legal description is: That part of a 100.00 foot wide railroad right of way lying east of the east right of way line of Ramsey County LRT right of way (formerly the Burlington Northern Railroad right of way), lying south of the _south right of way line of the State of Minnesota D.N.R. right of way (formerly the St. Paul and St. Croix Falls R.R. right of way) and lying north of the north right of way line of Frost Avenue; the centerline of said 100.00 foot right -of -way is described as follows: Commencing at the southwest corner of the northwest quarter of Section 15, Township 29, Range 22; thence South 89 degrees 48 minutes 54 seconds East along the south line of said northwest quarter a distance of 377.35 feet to the beginning of the centerline to be described; thence northeasterly a distance of 1,064.80 feet along a nontangential curve concave to the southeast having a radius of 1,146.27 feet, a central angle of 53 degrees 13 minutes 24 seconds and a chord bearing of North 42 degrees 34 minutes 25 seconds East; thence North 69 degrees 11 minutes 07 seconds East a distance of 300.00 feet and said centerline there terminating. That part of Block 8, GLADSTONE, lying northeasterly of a line run from the northwest corner of said Block 8 to a point on the southeasterly line of said Block 8 distant 352.20 feet southwesterly from the most 9 8 easterly corner thereof. WHEREAS, Section 36 -22 (c) of the zoning code requires that all parking lots have continuous concrete curbing. WHEREAS, the applicant is proposing to leave some of their parking lot edges uncurbed. WHEREAS, the history of this variance is as follows: 1. On Februa ry 23, 2000 the planning commission recommended that the city council approve this variance. 2. The cit y council held a public hearing on March 13, 2000. City staff published a in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity 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 variance as recommended by the city staff that would waive the curbing requirement in specific areas on the site plan. Approval is because sheet drainage from the two larger parking lots is preferred for water quality in this pp , instance. This variance is subject to the applicant submitting a curbing plan which indicates continuous concrete curbing, concrete edging and parking barriers as shown on the curbing diagram in the staff report. This plan must be submitted to staff for approval before the issuance of a building permit. The Maplewood City Council adopted .this resolution on March 13, 2000. Seconded by Councilmember Allenspach Ayes - all D. Conditional Use Permit Councilmember Koppen introduced the following Resolution, approving a Conditional Use Permit for a public building for Maplewood Fire Station No. 2. RESOLUTION 00 -03 -035 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the Maplewood Fire Department applied for a conditional use permit for a fire station. WHEREAS, this permit applies to the property north and northwest of 1347 and 1351 Frost Avenue. The legal description is: That part of a 100.00 foot wide railroad right of way lying east of the east right of way line of Ramsey County LRT right of way (formerly the Burlington Northern Railroad right of way), lying south of the south right of way line of the State of Minnesota D.N.R. right of way (formerly the St. Paul and St. Croix Falls ± R.R. right of way) and lying north of the north right of way line of Frost Avenue; 10 V 9 the centerline of said 100.00 foot right -of -way is described as follows: Commencing at the southwest corner of the northwest quarter of Section 15, Township 29, Range 22; thence South 89 degrees 48 minutes 54 seconds East along the south line of said northwest quarter a distance of 377.35 feet to the beginning of the centerline to be described; thence northeasterly a distance of 1,064.80 feet along a nontangential curve concave to the southeast having a radius of 1,146.27 feet, a central angle of 53 degrees 13 minutes 24 seconds and a chord bearing of North 42 degrees 34 minutes 25 seconds East; thence North 69 degrees 11 minutes 07 seconds East a distance of 300.00 feet and said centerline there terminating. That part of Block 8, GLADSTONE, lying northeasterly of a line run from the northwest corner of said Block 8 to a point on the southeasterly line of said Block 8 distant 352.20 feet southwesterly from the most easterly corner thereof. WHEREAS, the history of this conditional use permit is as follows: 1. On February 23, 2000, the planning commission recommended that the city council approve this permit. 2. On March 13, 2000 the city council held a public hearing. 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 from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit, because: _t 1. 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 runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. .v 8. The use would maximize the preservation of and incorporate the site's natural and scenic features `= 10 into the development design. 9. The use would cause minimal adverse environmental effects. <<t Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall have their surveyor provide the legal description for the Clarence Street right -of- way and have the city, attorney prepare documentation for the dedication and recording of this right - of-way. The Maplewood City Council approved this resolution on March 13, 2000. Seconded by Councilmember Allenspach Ayes - all E. Design Approval s Councilmember Koppen moved to approve the design approval (building, site and landscape plans) for Maplewood Fire Station No. 2. Seconded by Councilmember Allenspach Ayes - all I. AWARD OF BIDS None J. UNFINISHED BUSINESS None K. NEW BUSINESS 1. Landmark, Inc. Utility Service Refund a. Manager McGuire introduced the staff report.. :Y b. Public Works Director Haider presented the specifics of the report. 12 11 Agenda # Action by Council MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Conditional Use Permit Review LOCATION: Southwest corner of English Street and Gervais Avenue PROJECT: Wheeler Lumber Landscape Material Center DATE: May 20, 2002 Date ._.. Endorsed Modified �. �... Rejected a INTRODUCTION The conditional use permit (CUP) for the property on the southwest corner of English Street and Gervais Avenue is due for review. The CUP is for Wheeler Lumber to operate an outdoor storage yard for landscape materials from this location. (See the maps on pages . 2 through 4 and the city council minutes starting on page 5.) BACKGROUND On March 27, 2000, the council approved the following for this site: 1. A CUP for outdoor storage. This approval was subject to the four conditions listed on page six. 2. The design plans, including those for the building, site and screening fence. On January 8, 2001, the city council approved a CUP revision and the design plans for the replacement of the existing monopole on the site with a taller monopole and new ground equipment. On April 9, 2001, the city council reviewed the conditional use permit for the Wheeler Lumber storage yard and agreed to review it again in one year. DISCUSSION The applicant is meeting the conditions of the conditional use permit. City staff has not received any complaints about this facility and is not aware of any problems with this facility. RECOMMENDATION Review the conditional use permit for the Wheeler Lumber landscape material center on the southwest corner of English Street and Gervais Avenue again only if a problem arises or if the owner or operator proposes a major change to the site. Kr /p:sec9 /wheeler.rev Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan. 4. March 27, 2000 City Council Minutes Attachment 1 00 �" 2. A\ BEAM AVE. � ° 19 o Q �o 1. SUMMIT CT. z 2. COUNTRYVIEW CIR. Sr w _ 3. DULUTH CT. e� �OyN Y D 4. LYDIA ST. cn 0 S 0 BEAM ® AVE. 19 � 0 0 o w w Markham w Pond Z U KO H LMAN AVE. Q Hazelwood LL ~ w � :2 Park c 23 , ROAD C o S� r0 :3 L cr Z w �� fk o r Z C CON NO AVE. v ..a. � J °Q Q 22` CT 4 � Kohlman Lake � DR. � v z COUNTY g 23 PALM U' � KP rk °A DEMONT w AVE H�st BROOKS CT. P hL Cv . cn w 5 cn CONNOR NOR C AVE. � 3 SEX CT. D EMOS� AVE- V) o cn ' BROOKS J �' w 2 Q SEXTANT AVE. o Q �o 1. SUMMIT CT. z 2. COUNTRYVIEW CIR. Sr w _ 3. DULUTH CT. e� �OyN Y D 4. LYDIA ST. cn 0 S 0 BEAM ® AVE. 19 � 0 0 o w w Markham w Pond Z U KO H LMAN AVE. Q Hazelwood LL ~ w � :2 Park c 23 , ROAD C o S� r0 :3 L cr Z w �� fk o r Z C CON NO AVE. v ..a. 0 I z i V) rw EDGE �GERVAIS AVJ O v GRANOVAEW AVE. � zI 4: � � � A on ke .n w 60 0 i HURKE CT. Moplecreat AV V. N OOD pK oc u w Y z � DR. � v z W g 0 COP DEMONT w AVE H�st BROOKS AVE. c~n BROOKS �t t� cn c LARK Q AVE. AVE. SEX TANT Q H Four (n AVE. U' Seaaon9 O LELAN D R D . � o: o Park g 0 I z i V) rw EDGE �GERVAIS AVJ O v GRANOVAEW AVE. � zI 4: � � � A on ke .n w 60 0 i HURKE CT. Moplecreat AV V. N OOD pK oc w Y M VIKING SHERREN AVE. DR. Knuc e ead Lake 0 COP COPE AVE. cn t� AVE. c LARK Q AVE. LARK CT. Keller / Lake �5 0 ¢ _ CO. RD. cn �, `� v U (n Q LAURIE RD. o z , LAURIE RD. LELAN D R D . � I sherwood Q Pork ¢ . z AVE. w o ¢ SANDH URST t 4 }. JUNCTION AVE. w Q = Timber GJQds�on p Z � 0 ®� B uj w. CO. RD. Y AVE. o ® BURKE AVE. c c p 0 F„ � ev J o Par* D RKE C�) AVE. m BUR (1) CHAMBERS ST' o �b ELDR IDGE LN. AVE. John Glenn 64 O URSE in NVE. I SELMONT AVE. w _ �� Got ewo Co�F K �L�ER o° �� av SKILL �� E. SKILL MAN AVE. HARRIS AVE. SH�� > ROSEWOOD AVE. N D -� RYAN o cc v Robinhood P O D ` RY AN AV. ,�. �� ROSEW00 D AVE. S. AVE. m ail Tr F k@k z c~n i c~n �$ �] Park t— Q FROST v' = c! O a W I I I I CL AVE. cn / - - �• w n LOCATION MAP 4 N PROPERTY LINE /ZONING MAP 3 4 N Attachment 2 Attachment 3 Gervo;s Avenue SS' SITE PLAN 4 4 FENCE W" SCREEN --� M IX Aft" Soo=.7s s.r. ON Rao 12770.41 S.r. Exminw TONER 4300.00 S.r. PROPOSES *AV 6 t 722.3 t S.r. &OqW# US AR" 9= !74 S.F. PwhCM 2300 S. r. TOTK ,3274 S.r. SR PERWOVS AREA CRASS 3421 ir. GRAVEL 32700 sr UNOrSAOM" 21432.21 s.r. TO T AL 3e•s4 sr. ns , museum ■esso■ ago mosses :!gmmwm gammas was gammas ■a0VA;IN Emmaus mammas w usages ■asno■ Emmons ENMESH ■o���■ mammon X60260 ■assn■ ■momm■ ,. ■ow®so ■ass &Z.149 ■1 ■onso• Sonoma ■SOON museum sons!■ •- mammas "Woman 0aas;■ mammon among ■ 4800mom mammon Emmons f SS' SITE PLAN 4 4 FENCE W" SCREEN --� M IX Aft" Soo=.7s s.r. ON Rao 12770.41 S.r. Exminw TONER 4300.00 S.r. PROPOSES *AV 6 t 722.3 t S.r. &OqW# US AR" 9= !74 S.F. PwhCM 2300 S. r. TOTK ,3274 S.r. SR PERWOVS AREA CRASS 3421 ir. GRAVEL 32700 sr UNOrSAOM" 21432.21 s.r. TO T AL 3e•s4 sr. ns SS' SITE PLAN 4 4 Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, March 27, 2000 Council Chambers, Municipal Building Meeting No. 00 -06 2. 7:10 Wheeler Lumber Landscape Material Center (Southwest Corner of English Street and Gervais Avenue) A. Conditional Use Permit B. Design Plan Approval a. Mayor Cardinal convened the meeting for a public hearing. b. Acting City Manager Haider introduced the staff report. c. Community Development Director Coleman presented the specifics of the report. d. Commissioner Gary Pearson presented the Planning Commission report. e. Boardmember John La Casse presented the Community Design Review Board report. f. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Ken Fields, Representing Wheeler, 3 340 Republic Avenue, St. Louise Park John Olson, Representing Wheeler Terry Anders, Representing Wheeler g. Mayor Cardinal closed the public hearing. Councilmember Koppen moved the following Resolution, approving a conditional use permit for the outdoor storage of landscape matena s on the property at the sout west corner of ervais Avenue and English Street. The .city bases approval on the findings require'F7y the code and subject to t e following conditions: RESOLUTION 00 -03 -038 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Wheeler Lumber, LLC, applied for a conditional use permit for outdoor storage: WHEREAS, this permit applies to property located at the southwest corner of Gervais Avenue and English Street. The legal description is: THE EAST 353 FEET OF BLOCK 24, CLIFTON ADDITION, EXCEPT THE SOUTH 100 FEET THEREOF, SECTION 9, TOWNSHIP 29, RANGE 22, RAMSEY COUNTY, MINNESOTA. WHEREAS, the history of this conditional use permit is as follows: 11 5 1. On March 6, 2000, the planning commission recommended that the city council approve this permit. 2. On March 27, 2000 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 approve the above - described conditional use permit based on the building and site plans. The city approves this permit because: 1. 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 runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The city council may require more parking spaces should the need arise. The Maplewood City Council adopted this resolution on March 27, 2000. 12 Seconded by Councilmember Wasiluk Ayes all Councilmember Koppen moved to approve the plans dated January 27, 2000, for the Wheeler Lumber and Landscape materials storage faci I ity on the southwest corner of ng i sh St reet and Gervais venue, bas e on the findings required by e code. The prope o o applicant shall: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Submit the following to staff for approval before getting a building permit: a. A grading, drainage, utility and erosion control plan. b. A landscape plan for the lawn on the east side of the site. This area shall be sodded and planted with a combination of evergreen trees and deciduous trees and shrubs. 3. Complete the following before getting an occupancy permit: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. The existing trees on the north side of the proposed site must not be removed. C. Provide one van- accessible handicap parking space with loading aisle and handicap- parking sign as the ADA (Americans with Disabilities Act) requires. d. Construct a trash dumpster enclosure if there will be any outdoor storage of refuse. The enclosure must match the building in color and materials and shall have a closeable gate that is 100 percent opaque. e. The six - foot -tall chain link fence must have a top rail and have dark green slats around the entire storage yard. f. Install an in- ground sprinkler system for all lawn areas on the front (east side) of the site unless the applicant provides an alternate watering method acceptable to staff to keep the plantings watered. g. Provide site - security lighting as required by the city code. The light source, including the lens covering the bulb, shall be concealed or shielded so not to cause any nuisance to vehicle drivers or to adjacent property owners. h. The buildings shall have matching exteriors of vertical- groove wood siding and be kept painted or stained in good repair. The colors of the two buildings shall be the same. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety, or welfare. 13 7 b. The city receives cash escrow for the required work. The amount shall be 200 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. C. The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. .Seconded by Councilmember Wasiluk Ayes -all AGENDA NO. 940 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: May 16, 2002 RE: Temporary Gambling License Action by Council Date Endoi _ _1 Modified Rejected._____ St. Paul East Parks Club, 1821 North Myrtle Street, has submitted application for a temporary gambling license to conduct bingo at the Ramsey County Fair July 11 P h through the 14 from noon to 10:00 p.m. This is an annual event for St. Paul East Parks Lions. The purpose of the organization is to promote community service. Recommendation It is recommended that council approve the application for a temporary gambling license for St. Paul East Parks Lions. AGENDA NO. C:�r-q AGENDA REPORT AWIM by Cou _ TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: May 16, 2002 RE: Temporary 3.2 Beer Permit Dato Endol St. Paul East Parks Club, 1821 North Myrtle Street, has submitted application for a temporary 3.2 beer permit for the Ramsey County Fair. They will be selling on July 10 Ih and 11 from 4:00 p.m. to 10:00 p.m. and on July 12 14' from noon to 10:00 p.m. This is an annual event for St. Paul East Parks Lions. Recommendation It is recommended that council approve the application for a temporary 3.2 beer permit for St. Paul East Parks Lions. Agenda # MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: May 15, 2002 RE: Temporary Intoxicating Liquor and Temporary Food Tin+r ^Ai i n+; f%r Action by Council D ate Endoi,� _ _I Modified Rejected An application has been submitted for temporary intoxicating liquor and food by Kim Lawler, representing Jr. Achievement. The non - profit organization is having a Gala Benefit to raise funds that will be used for program operations. The event will be held on June 1, 2002, from 5:30 p.m. to midnight. There will be a 60 by 100 foot tent erected in the parking lot where dinner and a silent auction will be held from 5:30 p.m. to 10:00 p.m. At 10:00 p.m. the group will move indoors where after dinner drinks and hors d'oeuvres will be served. There will be entertainment provided by local high school orchestras. Jr. Achievement is expecting 250 to 300 people to attend the event. After erection, the tent will be inspected by Fire Marshall Gervais for approval. Recommendation It is recommended that the City Council approve the temporary intoxicating liquor and food permit. Memo AGENDA REPORT To: Richard Fursman, City Manager From: Steve Lukin, Fire Chief CC: City Clerk Date: 05/20/2002 Re: EMS Coats Agenda Item Action by Council Date Endoi _ 1 odi ied ......��. ,.:....� Rejected.._.., �I BACKGROUND The Maplewood Fire Department has been using EMS jackets that are in excess of eight to 12 years in age. These coats are becoming worn and the reflective material is starting to deteriorate. These jackets are necessary to protect our firefighters from bloodborne pathogens and they also protect them when we are working in and around accidents. RECOMMENDATION I recommending that the City Council approve 110 EMS coats in the amount.of $17,900 to public safety. marketing. This will have no additional effect on the budget and will come from within the fire department budget. 1 JOINT POWERS AGREEMENT BETWEEN THE TOWN OF WHITE BEAR AND THE .CITY OF MAP LEWOOD REGARDING LIFEGUARD SERVICES THIS AGREEMENT, made and entered into on the day of May, 2002, by and between the Town of White Bear (the TOWN), and the City of Maplewood /Maplewood Community Center (MCC); both of which are governmental subdivisions of the State of Minnesota located in the County of Ramsey. pllponqg: 1. The TOWN has leased, from the County of Ramsey, the property located on the south shore of White Bear Lake in the Town of White Bear, known as "Bellaire Beach ". 2. The TOWN is desirous of having MCC hire, train, and manage all beach personnel to work at "Bellaire Beach" from May 25, 2002 to September 2, 2002 (Labor Day). 3. Minnesota Statutes, Section 471.59 provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise an y power common t0 the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised. AGREEMENT Now, therefore, in consideration of the mutual undertakings herein expressed, the Town of White Bear and the City of Maplewood /Maplewood Community Center, agree as follows: 4. That MCC shall provide the following services: a. MCC will determine the hours of operation for Bellaire Beach based upon TOWN recommendations. MCC will be responsible for the operations at Bellaire Beach from May 26, 2002 through September 3, 2002 (Labor Day). The beach shall be open only on weekends until June 8, 2002, at which time regular hours shall commence. In the event of poor weather conditions, the MCC will be responsible for the decision of closing the beach. MCC will also be responsible for opening and closing the beach facility on a daily basis and administration of keys to personnel. b. Recruit, hire, train and evaluate all lifeguard staff. MCC will hire, train, evaluate, discipline and terminate employees. C. Manage pay records and issue paychecks to all aquatic personnel working at Bellaire Beach. d. Ensure employees working at Bellaire Beach are employed by the City of Maplewood and follow all Maplewood personnel policies. Employees must meet the minimum requirements to work in the appropriate position. Lifeguard: • All lifeguards hired must hold a current certification in American Fled Cross Lifeguard Training and CPR for the Professional Rescuer. • The MCC will monitor Aquatic Staff certifications to be sure that all certifications remain current. • All aquatic staff is required to maintain current certifications. Expired certifications will result in being released from duties. • In the event of - an expired certification, the MCC will remove the person, fill their shift with certified staff and make every attempt to renew the individuals certification in order to return to work as soon as possible. • In an effort to encourage fitness and develop strong lifeguards, the .MCC will administer the Coopers Swim Test to all lifeguards at the start of their employment along with other skill tests. These skills are also performed periodically throughout the year at mandatory in- service trainings. • Lifeguards who are not achieving "good" standards according to the Coopers Test, will need to attend additional training sessions conducted by certified Lifeguard Training Instructors and Water Safety instructors. This will help to improve their swimming skills. • Lifeguards who are selected to work at the beach must be American Red Cross Waterfront certified, have six months experience working at the Community Center, and have demonstrated excellent dependability and responsibility. These high expectations are to insure that all staff who are working off site are aware and following Maplewood policies and work well independently. 2 • The TOWN will be able to participate in the final selection of guard staff should they desire, but the final hiring selection shall solely be the responsibility of MCC. e. Give an orientation to lifeguard staff on beach management, rules and regulations, preventive responsibilities, emergency procedures,. operation of facility, suggest in- service training curriculum of the Bellaire Beach 2002 summer season. f. Administer Bellaire Beach for the entire 2002 beach season. g. Conduct minimum of five in- service training sessions (one every two weeks). In- services consist of both in and out of water training sessions. Attendance at these in- service training sessions will be mandatory. Life guarding skills will be evaluated at the "in- water" in- services, and information vital to the success of the aquatic program will be given at "dry -land" in- services. h. Visit Bellaire Beach a minimum of once per week during the months of June through August, to critique and advise staff on operations and gather input from participants. There will be an Aquatic Program Representative or Head Lifeguard available on site during times that the beach is open. Head lifeguards must be a minimum of 18 years of age and have excellent guarding, customer service, and leadership skills. i. MCC administrative staff will also conduct "On the Job Evaluations" for lifeguards periodically throughout the year without previous warning to the staff being evaluated. The skills evaluated in an " On the Job Evaluation" may be guarding technique, CPR skills, first aid skills, and prevention of accidents. After evaluating the lifeguard, the staff will meet. with -V the - stf°individually and discuss any critiques, or comments that they have to improve life guarding or teaching techniques. j. All employees will be evaluated for their performance formally at the end of the summer season. Employees will also be evaluated on a less formal basis midway through the summer. k. Ensure staff follows all policies and procedures as authorized providers of the St. Paul Chapter of the American Red Cross. I. Oversee the daily upkeep and cleaning of the Beach facilities including the guard house and toilets. Any maintenance or mechanical problems will be immediately reported to the TOWN. 0 M. Oversee use of other Bellaire Beach facilities including picnic shelter, picnic tables and grounds. Patrol entire park once per day to clean -up litter, empty trash receptacles into park dumpster as needed. Clean beachfront daily including removing weeds and other debris from shoreline. Remove weeds and remove trees which tend - to grow in shallow water areas of beach. n. MCC agrees to abide by the requirements and regulations of the American with Disabilities Act of 1990 (ADA), the Human Rights Act (Minnesota Chapter 363), and (Title 7) of the Civil Rights Act of .1964. These laws deal with discrimination based on race, gender, disability, religion, sexual preference and sexual harassment. Violation of any of the above laws can lead to termination of this agreement. 5. That the TOWN will provide the following services: a Provider proper signage for beach. b. Reimburse MCC for lifeguard salaries (as outlined by MCC) on a monthly basis. C. The TOWN hereby agrees to provide MCC with an annual fee of $16,500.00, payable in three (3) monthly payments of $5,500.00 each. The fee will be adjusted for beach closings due to poor weather and will be reflected in the monthly billing. d. The TOWN agrees to indemnify and hold harmless MCC, its officers, and employees from any liability, claims, damages, cost, judgments, and expenses including attorney's fees resulting directly or indirectly from an act.. or omission, with re+s pect.. to..- the, = suita.b.fl,i ty, design, usual maintenance, and operations of the facilities provided by and maintained by the TOWN and its agents. The TOWN represents that said facilities are suitable for beach operation. e. All policies of insurance shall provide that the insurance company will notify MCC at least thirty (30) days prior to the effective date of any policy cancellation, modification, or non - renewal. f. The TOWN agrees to comply with the Minnesota Data Practices Act, and all other State and Federal laws relating to data privacy or confidentiality. The TOWN will immediately report to MCC any requests from third parties for information relating to this Agreement. The TOWN agrees to promptly respond to inquiries from MCC concerning data requests. The TOWN agrees to hold MCC, its officers, department heads, and employees harmless from 2 n any claims resulting from the TOWN's unlawful disclosure of use of the data protection under State or Federal laws. 6. This Agreement will remain in effect through September 2 2002 and after g p , , which time the parties shall meet to discuss any renewal of this Agreement for the following year. IN WITNESS WHEREOF, the Town of White Bear and the City of Maplewood /Maplewood Community Center, have caused this Agreement to be executed on their behalf by their proper officers, Council and Board. TOWN O WHITE.BEAR By: ROBERT J. WEISENBURGEII, Chair ATTEST: By: VIL % LIAM F. SHORT, Clerk- Treasurer CITY OF MAPLEWOOD By: MAYOR CITY MANAGER 5 Agenda # �f MEMORANDUM Action by Council TO: City Manager , FROM Shann Finwall, Associate Planner Rejected SUBJECT Conditional Use Permit LOCATION 1481 Henry Lane DATE: May 20, 2002 INTRODUCTION Gary Schlomka is proposing to construct a 48 -foot by 66 -foot (3,168 square foot), 18.5 -foot high metal pole barn on his property at 1481 Henry Lane (see attached plans on pages 7 through 12). The pole barn will be used to store hay and agricultural - related equipment used to harvest hay. He would also store his personal vehicles in the proposed pole barn (see the applicant's narrative on page 6). Request Mr. Schlomka is requesting that the city council approve a conditional use permit (CUP) to build a pole barn that exceeds size and height requirements. On a lot the size of Mr. Schlomka's property, the code allows a maximum of 2,250 square feet for the combined area of the accessory structures. No accessory structure may exceed 1,250 square feet. The maximum height of accessory structures is limited to 16 feet, measured from grade to the mid point of the roof. The proposed pole barn will exceed the maximums allowed by 1,918 square feet in area and 2.5 feet in height. The code allows the city council to approve a CUP to increase the area or height of an accessory building. BACKGROUND Pole Barn Construction Mr. Schlomka began construction of the pole barn earlier this year. He thought that because the pole barn would be used for an agricultural use that no building permit would be necessary. The building official discovered this construction in progress and stopped the work. Mr. Schlomka then applied for all necessary zoning and building permits. Currently, the pole barn is framed with a portion of the siding installed (see the pictures on pages 13 and 14). If the city council approves the CUP, Mr. Schlomka will obtain his building permit and proceed, if denied, Mr. Schlomka must remove the pole barn. Property Background Mr, Schlomka repairs and sells farm equipment, boats and recreational vehicles from this site. He also sells wood. His father started these activities here 45 years ago. To supplement his retirement income, Mr. Schlomka currently purchases boats from auctions, repairs them, and sells them from this property as well as the adjacent 1461 Henry Lane, which is also owned by Mr. Schlomka. Years of this type of activity have left the applicant's property strewn with old boats, old automobiles and other junk. In addition, the property has several old accessory structures including a barn, two garages, a bunkhouse, a machine shed, a garden shed and a wood shed. i Constructing this pole barn is the first step to cleaning up the property. With his son's help, Mr. Schlomka would remove five of the accessory structures, leaving only the barn, bunkhouse, and pole barn (if approved). In addition, Mr. Schlomka proposes to remove all of the old automobiles and other junk items on the site, including several old automobiles, which were dumped near Fish Creek years ago prior to Mr. Schlomka owning the properties. DISCUSSION Farm Residence Zoning Mr. Schlomka's property is zoned Farm Residence, as are surrounding .properties. Farming, including the use or storage of associated equipment, is a permitted use within the Farm Residence zoning district. Mr. Schlomka has several acres of hay located on the west side of his property that he harvests. Because Mr. Schlomka has not had appropriate means to store hay, he was giving the hay to farmers who raise elk or other livestock. The proposed pole barn is designed with large garage doors that will accommodate Mr. Schlomka's hay bailer which is currently stored off site. Mr. Schlomka will now be able to store his hay in the proposed pole barn and sell it rather than give it away. Storing and selling hay is allowed in the farm zone. Mr. Schlomka's part-time business of repairing and selling boats from the property is prohibited in a farm zone. However, the city's nonconforming -use ordinance states that "a nonconforming use existing at the effective date of any provision of the code may be continued although such .use does not conform to the provisions of the code." Mr. Schlomka stated that he would not use the pole barn in his part-time boat business. He, therefore, may continue the boat business unless he expands or stops this activity for a year or more. Metal Storage Buildings The code allows metal pole barns in a farm residence district. Similar Uses The city council approved CUPs for two other pole barn requests in this area. 1. In 1997, the city council approved a CUP for Larry Grand of 2405 Carver Avenue to construct a 4,200 square foot pole barn. Mr. Grand needed the pole barn to replace his damaged 2,100 square foot wood -frame barn, which he used to store his personal vehicles. 2. In 2001, the city council approved two CUPs for Paul Schlomka of 2511 Carver Avenue. One CUP allowed the construction of a 4,224 square foot pole barn and the other CUP allowed a- landscaping business. Gary Schlomka Pole Barn 2 May 20, 2002 Summary The proposed pole barn will be smaller than the two recently approved pole barns. It will be located on a 30.20 -acre lot, visible only to the applicant and a relative who lives to the south. The pole barn will not negatively impact surrounding properties and will, in fact, result in a neater, cleaner property. Also, all of the neighbors that responded to our survey were in favor of this proposal (see page 4). COMMITTEE ACTIONS On May 6, 2002, the planning commission unanimously recommended approval of Gary Schlomka's proposed pole barn by a vote of 5 to 0 (see attached May 6, 2002, draft planning commission minutes). RECOMMENDATION Approve the resolution on pages 15 and 16 approving a conditional use permit for the construction of metal pole building that would measure 48 -feet by 66 -feet (3,168 square feet) and 18.5 feet in height for the property at 1481 Henry Lane. This permit shall be subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The applicant shall obtain all necessary building permits prior to resuming construction of the pole barn. 3. Within two years of the issuance of the CUP, the applicant will remove five detached accessory structures from the property as shown on the approved site plan and described as follows: the two garages located on the east side of the property, the machine shed, the garden shed and the wood shed. The applicant shall also clean the site of all old automobiles and other junk items, as well as clean the Ramsey County Open Space Fish Creek area to the north of all old automobiles dumped there years ago. 4. The pole barn shall not be used for commercial or business activities, other than agricultural related uses as specified in the Farm Residence zoning district, unless the city council approves such a request. 5. The conditional use permit shall be reviewed by the city council in one year. Gary Schlomka Pole Barn 3 May 20, 2002 CITIZEN COMMENTS Staff surveyed the property owners within 350 feet of this site to get their opinions of Mr. Schlomka's metal storage building proposal. Out of 31 properties, we received 12 responses; all were in favor of the proposal: 1. Linda G. Sutherland, 1340 Dorland Road South: "I support Mr. Schlomka's application. I believe it will be an improvement. I have no objections." 2. Shelley L. Schlomka, 1501 Henry Lane South: "I think this is a good idea. It will clean up the property by taking down all of the ugly sheds and garages. It's a nice looking building." 3. Daniel H. Dobervich, 2523 Stillwater Road: "Great! We're excited for you!" 4. Mary Lou Gramenz, 2466 Carver Avenue East: "I don't see that this should cause a problem for anyone in this neighborhood! I certainly do NOT have a problem with this proposal." 5. Jeffrey R. Schalz, 1399 Sterling Street South: "OK by me. 6. Gregory M. Miller, 1372 Dorland Road South: "I have no. objections to this project. Mr. Schlomka's property is mostly farmland and isolated from any residential property. This project would have no effect on anyone else. Property values would remain the same with or without this project." T. Richard F. Arndt, 1364 Dorland Road South: "This would be fine as long as the building had a nice outside appearance and was landscaped with shrubs and trees to help with the outside look." 8. Charles W. Forrest, 2346 Heights Avenue East: "I see no problem with the new proposed building." 9. Jon L. Lawson, 1380 Dorland Road South: "We don't have any objection. Perhaps that will help him organize all the stuff (boats, trailers, etc.) that he has all - over his yard." 10. Robert A. Wilds, 2410 Carver Avenue: "Have no objection for Gary Schlomka putting up a pole barn." 11. Thomas Kevin Brengman, 1347 Dorland Road South: 1 have no objections to Mr. Schlomka building his metal storage building." 12. Carl P. Erb, Jr., 2354 Heights Avenue East: "No objections." Gary Schlomka Pole Barn 4 May 20, 2002 REFERENCE SITE DESCRIPTION Site Size: 30.20 acres Existing Land Use: Single Family Home SURROUNDING LAND USES North: Ramsey County Open Space —Fish Creek (Zoned Farm Residence) East: Interstate 494 South: Ramsey County Open Space (Zoned Farm Residence) West: One Single Family House to the Southwest (Zoned Farm Residence) ORDINANCE REQUIREMENT Section 36 -77(a) allows a maximum of 2,250 square feet of combined accessory structure area on lots that are 42,000 square feet or greater, with no one accessory structure exceeding 1,250 square feet. .Section 36 -77(b) allows a maximum accessory structure height of 16 feet, measured to the midpoint of the roof. Section 36 -77(c) allows the city council to approve a conditional use permit to increase the area or height of an accessory building. CRITERIA FOR CUP APPROVAL Section 36- 442(a) states that the city council may approve a CUP, based on nine standards. (See findings 1 -9 in the resolution on pages 15 and 16.) APPLICATION DATE Mr. Schlomka submitted his complete application on April 3, 2002. The required 60 -day deadline for decisions on this CUP is June 2, 2002. sf /p: Sec:24- 28/1481 Henry — Gary Schlomka Attachments: 1. Metal Storage Building Use Description 2. Location Map 3. Zoning Map 4. Land Use Map 5. Site Plan 6. Floor Plan 7. Wall Section 8. Pole Barn Pictures 9. CUP Resolution Gary Schlomka Pole Barn 5 May 20, 2002 Attachment 1 Intended use of the property and why the city should approve this request: This pole barn will be used to store hay, our tractors, and equipment. This pole barn is placed in an open area that was once. was used as a garden, and therefore does not change the character of the surrounding area. This building will not depreciate property values, by putting this building up we will be able to store equipment that is now stored outside and in three separate garages in the new pole barn. We will then, remove the three existing, older garages thereby improving the esthetics of the property. There will be nothing hazardous stored in this building, there will not be any excessive noise, pollutants created, or other nuisances. This building will not create any new traffic to the area, and will not create additional costs for public facilities or services. This pole barn is placed in an existing open space and the color is earth toned to blend into the site. I can see no adverse environmental effects - that this building could create. ■ Metal Storage Building Description Use 6 Attachment'2 cv� j (\ mod` Location N ap I ZONING III Single Dwelling Residential 0 40000 Residential Estate (RE -40) D Farm (F) Zoning Map Attachment 4 LAND USE Single Dwelling Residential (R -1) = 40000 Residential Estate (RE-40) � Open Space (0) Land Use Map 9 ash C +� the N orth Ln W E Attachment 5 i I low iC .............. IL Th e Si Pl 10 Attachment 6 to f A N W E Floor Plan s PRO -Rid 2990, STEEL PANEL - Attachment 7 TRUSS LOAD I - PLY 2x6 /2 SPF KNEE BRACE SEE DETAIL eye SEE TRUSS DESIGN FOR -LATERAL - BRACE LWA44ONS yp L4•� :.•,R� 2u6 TREATED GRADE BOARD I ' 2x6 - l ?' TiRC ATF.() BLOCKS SEEUREO TO EACH FACE OF POLE AT THE BASE. 4' - 0' . SECUpE WH 5 -20d NAILS EACH BLOCK EACH FACE ! tic;ruby LertJfv thAt this V1ai', spcc3 .. �•_o• l ei u was I)i�;j�Ikrv.d by ine car under m fr d i .. �visir�tt and th�1i (gut a didy Lic�c;lt�r�: A «tl�i �«t . iLr Lht • ��� e.tii �rtt cr t rtc z,1:,ws Profs tot Of MititlCSOt�t. Phil CONC. FOOTING gill[ _.. --- - • WALL SECTION 0); "I'V77 PA i E. 1 of 2 \pjall ;ection ■ 12 2. 12 SYN p O .'��� 0. C SLOE NOTCH COW)^ FULL TRUSS BEARING SEE DETAIL A/2 1 SAVE TRIM PRO -R16 299v, ' STEEL PANEL ti nnnn 2-a$ - #2 -SAF GIRT S r O 2 O.C. ( OTTOM TRIM OP TIONA L) PRO -Rid 2990, STEEL PANEL - Attachment 7 TRUSS LOAD I - PLY 2x6 /2 SPF KNEE BRACE SEE DETAIL eye SEE TRUSS DESIGN FOR -LATERAL - BRACE LWA44ONS yp L4•� :.•,R� 2u6 TREATED GRADE BOARD I ' 2x6 - l ?' TiRC ATF.() BLOCKS SEEUREO TO EACH FACE OF POLE AT THE BASE. 4' - 0' . SECUpE WH 5 -20d NAILS EACH BLOCK EACH FACE ! tic;ruby LertJfv thAt this V1ai', spcc3 .. �•_o• l ei u was I)i�;j�Ikrv.d by ine car under m fr d i .. �visir�tt and th�1i (gut a didy Lic�c;lt�r�: A «tl�i �«t . iLr Lht • ��� e.tii �rtt cr t rtc z,1:,ws Profs tot Of MititlCSOt�t. Phil CONC. FOOTING gill[ _.. --- - • WALL SECTION 0); "I'V77 PA i E. 1 of 2 \pjall ;ection ■ 12 Attachment 8 �jary Schlo�}',q �ol2�f�1 13 N oah E�evy+�on ��r.� Schlamkti 14 dole Bain E0.sfi El�e �q � an Attachment 9 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Gary Schlomka is requesting that City of Maplewood approve a conditional use permit to build a 48 -foot by 66 -foot, 3,168 square foot, and 18.5 -foot high metal storage building storage building on his property. WHEREAS, this conditional use permit applies to the property at 1481 Henry Lane. The property identification number is 24- 28 -22 -31 -0017 and the legal description is: Section 24, Township 28, Range 22, Except the North 500 feet, part lying 22. WHEREAS, the history of this conditional use permit is as follows: 1. On May 6, 2002, the planning commission recommended that the city council approve this permit. 2. On May 28, 2002, 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 city council opened the public hearing and allowed everyone at the hearing a chance to speak and present written statements. The city. council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that city council approved the* above - described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials,. equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person- or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. Gary Schlomka Pole Barn 15 May 20, 2002 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of-and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The applicant shall obtain all necessary building permits prior to resuming construction of the pole barn. 3. Within two years of the issuance of the CUP, the applicant will remove five detached accessory structures from the property as shown on the approved site plan and described as follows: the two garages located on the east side of the property, the machine shed, the garden shed and the wood shed. The applicant shall also clean the site of all old automobiles and other junk items, as well as clean the Ramsey County Open Space Fish Creek area to the north of all old automobiles dumped there years ago. 4. The pole barn shall not be used for commercial or business activities., other than agricultural related uses as specified in the Farm Residence zoning district, unless the city council approves such a request. 5. The conditional use permit shall be reviewed by the city council in one year. The Maplewood City Council adopted this resolution on , 2002. Gary Schlomka Pole Barn 16 May 20, 2002. DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAP LEWO O D, MINNESOTA MONDAY, MAY 6 a. Conditional Use Permit — Over -sized Accessory Building (Schlomka) —1481 Henry Lane Ms. Finwall said Gary Schlomka is proposing to construct at 48 -foot by 66 -foot (3,168 square foot), 18.5 -foot high metal pole barn on his property at 1481 Henry Lane. The pole barn will be used to store hay g and agricultural-related equipment used to harvest hay. He also would store his personal vehicles in the proposed pole barn. Ms. Finwall said Mr. Schlomka is requesting that the city council approve a conditional use permit (CUP) to build a pole barn that exceeds size and height requirements: On a lot the size of Mr. W° Schlomka 's ro ert , the code allows a maximum of 2,250 square feet for the combined area of p p Y the accessory structures. No accessory structure may exceed 1,250 feet. The maximum height of accessory structures is limited to 16 feet, measured from grade to the mid point of the roof. The proposed pole barn will exceed the maximums allowed by 1,918 p p p square feet in area and 2.5 feet in height. - The code allows the city council to approve a CUP to increase the area or height of an accessory building.. Ms. Finwall said Mr. Schlomka began construction of the pole'barn earlier this year. He thought that because the pole barn would be used for an agricultural use that no building permit would be necessary. The building official discovered this construction in progress and stopped the work. Mr. Schlomka then applied for all necessary zoning and building permits. Currently, the pole barn is framed, with a portion of the siding installed. If the city council approves the CUP, Mr. Schlomka will obtain his building permit and proceed. If denied, 'Mr. Schlomka must remove the pole barn. Ms. Finwall said Mr. Schlomka repairs and sells farm equipment, boats, and recreational vehicles from this site. He also sells wood. His father started these activities there 45 years ago. To supplement his retirement income, Mr. Schlomka current) purchases boats from auctions, repairs pp Y them and sells them from this property as well as the adjacent 1461 Henry Lane. Years of this type of activity ave left the applicant's property strewn with old boats, old automobiles and other Y junk. In addition, the property has several old accessory structures including a barn, two garages, a bunkhouse, a machine shed, a garden shed and a wood shed. Ms. Finwall said constructing this pole barn is the first step to cleaning up the property. With his son's help, Mr. Schlomka would remove five of the accessory structures, leaving only the barn, bunkhouse, and pole barn (if approved). In addition, Mr. Schlomka proposes to remove all of the old automobiles and other junk items on the site, including several old automobiles, which were dumped near Fish Creek. Planning Commission -2- Minutes of 05 -06 -02 Mr. Schlomka's property is zoned Farm Residence, as are the surrounding properties. Farming, including the use or storage of associated equipment, is a permitted use within the Farm Residence zoning district. Mr. Schlomka has several acres of hay located on the west side of his property that he harvests. Because Mr. Schlomka has not had appropriate means to store hay, he was ivin the hay to farmers who raise elk or other livestock. The proposed pole barn is g g designed with large garage doors that will accommodate Mr. Schlomka 's hay bailer, which is currently stored off site. Mr. Schlomka will now be able to store his hay in the proposed pole barn and sell it rather than giving it away. Storing and selling hay is allowed in the farm zone. Ms. Finwall said Mr. Schlomka's p art-time business of repairing and selling boats from the property is prohibited in a farm zone. The city's nonconforming -use ordinance states that "a nonconforming use existing and does not conform to the provisions of the code." Mr. Schlomka stated that he would not use the pole barn in his part-time boat business. He, therefore, may continue the boat business unless he expands or stops this activity for a year or more. Ms. Finwall said the proposed pole barn would be smaller than two recently approved pole barns. It will be located on a 30 -acre lot, visible only to the applicant and a relative who lives to the south. The pole barn will not negatively impact surrounding properties and will, in fact, result in a neater cleaner property. Also, all of the neighbors that responded to the city's survey were in favor of this proposal. - Commissioner Dierich asked staff about the clean up of the property. She said there are a lot of old oil drums on the property that seem to her to be hazardous because they are rusted. She wonders how the city proposes these items be cleaned up and where it will all go? And will there be some type of supervision of the clean up as well? Ms. Finwall said the supervision of the clean up has not been examined closely. The city hopes Mr. Schlomka takes all needed measures to remove all the materials. Commissioner Ledvina asked if Mr. Schlomka would be able to store boats in the new pole barn? Ms. Finwall said the pole barn shall not be used for the boat business, only personal boats. The conditions* of the CUP state Mr. Schlomka cannot operate a business in the pole barn. Commissioner Dierich said she knows the repairing of the boats is a nonconforming use but she asked if the sale of the boats was considered a nonconforming use at this point or does that require a separate permit to be selling boats in a residential neighborhood like that? Ms. Finwall said it has been going on for the last 45 years so it is considered a nonconforming use and is grandfathered in. The applicant, Larry Schlomka at 1481 Henry Lane, son of Gary Schlomka, addressed the planning commission. Planning Commission -3- Minutes of 05 -06 -02 Mr. Schlomka said the pole barn would be 48'X 66' and 3,072 square feet. The staff records indicate that Gary Schlomka sells boats at 1481 Henry Lane and it should be 1461 Henry Lane. Gary Schlomka owns approximately 40 acres, verses the 30 acres staff noted. Staff also states in the staff report that there is junk dumped on Ramsey County Open Space Fish Creek property. That junk existed on the property when it was bought by Ramsey County. No new junk has been. dumped on the property. This is a dead end street with only. one property that can see this area and it is Gary Schlomka's niece. In the last 20 years a bunkhouse, cattle barn, machine shed, and a railroad car that was used for a storage shed were removed from the property. The property is slowly getting cleaned up. He said he just moved into the home at 1481 Henry Lane in September 2001. Commissioner Pearson asked the applicant what would be a reasonable time period to clean up all the junk on the property? Mr. Schlomka said there are three generations of junk on the property. He is going to get a few dumpsters on the property and take the stuff to a scrap yard and recycle place. In the past they have hauled junk into South St. Paul to different scrap yards. As far as a time frame, he said that one -year would not be enough time. Commissioner Pearson said the staff is looking at a one -year renewal for the conditional use permit and should the staff be looking at a longer time period than one year? Ms. Finwall said the standard condition is that a conditional use permit should be reviewed in one year. However, upon that review it can be extended an additional year or more. Commissioner Pearson asked if that would be conditioned upon visible progress? Ms. Finwall said yes. Chairperson Rossbach asked if the 30 or 40 acres that are owned are one parcel or a couple of parcels of land? Mr. Schlomka said the area that is being discussed contains a couple of different parcels. He would assume that is where the 30 acres verses the 40 acres is coming from. The Ramsey County Open Space and Fish Creek divide it. Chairperson Rossbach asked the applicant if the address of 1481 Henry Lane is incorrect for 30 acres? He asked if the applicant were selling the property would it be for 30 or 40 acres? Mr. Schlomka said if he was going to be selling the property at 1481 Henry Lane it would be approximately 10 acres. There also is a separate 12 -acre parcel next to Fish Creek and approximately less than 10 acres adjoining the 1481 Henry Lane. How it is sold could go a lot of different ways. Chairperson Rossbach said it may not be a large issue, but if staff is saying that this is the property the city is giving the conditional use permit for, and part of it has to deal with the size of the property, he just wants to make clear how large the property is that staff is talking about. Planning Commission -4- Minutes of 05 -06 -02 Mr. Schlomka said the property that Gary Schlomka owns is approximately 40 acres. The property has been bought in different parcels over the years. The Schlomka family has always .owned 1481 Henry Lane. The other property belonged to his grandmother's family the Polski family. 1481 Henry Lane adjoined the Polski property and that is why there are different parcels right now. Chairperson Rossbach said he would like to see a time frame set so when the city council reviews this in one year they can see that something has happened. Just so everyone involved has something in mind when talking about cleanup process. Mr. Schlomka said if this is approved the first thing to come down is the equipment from the shed that is broken down and moved into the new shed. Then the next process is taking the broken sheds down. That will be a summer project just for that to be done. Commissioner Pearson asked staff if number 3 of the recommendations applies only to 1481 Henry Lane or to both 1461 and 1481 Henry Lane? Ms. Finwall said the conditional use permit pertains only to 1481 Henry Lane; however, Mr. Schlomka is planning on removing the old automobiles that have been dumped in the Fisk Creek area over 45 years ago, back when his father owned the. land. Commissioner Pearson said there is an awful lot of stuff lying on 1481 Henry Lane. Gary Schlomka at 1461 Henry Lane, addressed the planning commission. He said the cars in the Fisk Creek area have been there since the Korean War and there are trees growing through some of them. That is going to be a major job cutting through the cars to get them out of there. Commissioner Pearson asked if the junk at 1461 Henry Lane will also be removed? Gary. Schlomka said that is correct. Commissioner Dierich said she is not clear regarding the selling of boats on the property. It is happening at 1461 Henry Lane, but the repair of the boats is happening at 1481 Henry Lane? The boats are lined up along the freeway at 1461 Henry Lane. Gary Schlomka said the repairs go on in his garage at 1461 Henry Lane. Commissioner Dierich asked if the CUP is for 1481 Henry Lane? Ms. Finwall said that is correct. The repair and sale of boats has been ongoing at both properties for many years. Gary Schlomka said he parks the boats along the freeway to sell and brings the boats to the garage at 1461 and 1481 Henry Lane to work on them. Commissioner Dierich said her understanding is that a CUP goes with the land and she wants to be clear on this. Planning Commission -5- Minutes of 05 -06 -02 Ms. Finwall said the nonconforming use is grand fathered in until such time as it is expanded. It is staff s concern that it may expand into the pole barn. Commissioner Ledvina recommended approval of the resolution on pages 13 and 14 of the staff report. This recommendation is for a conditional use permit for the construction of a metal pole building that would measure 48 -feet by 66 -feet (3,168 square feet) and 18.5 feet in height for the property at 1481 Henry Lane. The changes in this recommendation are in bold. This permit shall be subject to the following conditions: 1. All construction shall. follow the site plan approved by the city. The director of community development may approve minor changes. J 2. The applicant shall obtain all necessary building permits prior to resuming construction of the pole _barn. 3. Within two years of the issuance of the CUP, the applicant will remove five detached accessory structures from the property as shown on the approved site plan and described as follows: the two garages located on the east side of the property, the machine shed, the garden shed and the wood shed. The applicant shall also clean the site of all old automobiles and other junk items on the site dumped in the Ramsey County Open Space Fish Creek area to the north as well as old vehicles. 4. The pole barn shall not be used for commercial or business activities, other than agricultural related uses as specified in the Farm Residence zoning district, unless the city council approves such a request. 5. The conditional use permit shall be reviewed by the city council in one year. Commissioner Pearson seconded. Ayes - Dierich, Ledvina, Monahan - Junek, Pearson, Rossbach The motion is passed. Mr. Roberts said this goes to the city council Tuesday, May 28, 2002. 6 Agenda # Action by coums MEMORANDUM Date TO: City Manager , < Modified FROM: Ken Roberts, Associate Planner R SUBJECT: House Moving LOCATION: Sylvan Street, North of Larpenteur Avenue APPLICANT: Bart Crockett DATE: May 9, 2002 INTRODUCTION Mr. Bart Crockett is asking the city council to allow him to move a house and a detached garage from Oakdale to a vacant lot on Sylvan Street. (See the maps on pages 6 9.) The house is one story with a white stucco exterior. Refer to the applicant's statement on page 11 and photos on pages 12 -17. BACKGROUND On December 18, 1980, the city council vacated the Kingston Avenue right -of -way from Sylvan Street to a point 135 feet to the east. After this vacation, the former right -of -way was divided between the adjacent properties to the north and the south. This vacation helped to create the vacant lot south of 1754 Sylvan Street that is now under consideration for the house - moving request. CODE REQUIREMENTS Section 9 -64(a) of city code requires that the council make the following findings to approve a house moving: 1. The proposed building is compatible with those in the neighborhood it would be moved to. A determination of compatibility may be based on comparing the structure's exterior siding, height, mass, age and style of construction to the average home in the neighborhood to which the house is to be moved and the health, safety and welfare of the community. 2. That all city code requirements can be met. 3.. That water runoff from the site will not cause an adverse effect on surrounding properties. 4. Public streets can be protected from damage. DISCUSSION The design of this house would fit into the Sylvan Street neighborhood. The homes along Sylvan Street were built in the 1940s and 1950s. Most of these homes are ramblers, but there is a split - level to the south. There also are homes along Sylvan Street with stucco exteriors. Several of the neighbors felt that the lot is too small for a house. The zoning code requires lots for houses in the R -1 zoning district to have 10,000 square feet. This lot, according to the Ramsey County property records, is 11,941 square feet. As such, the lot and the proposed site plan for the house and garage can meet all city requirements. I had Nick Carver, the Assistant Building Official, inspect the house. His preliminary inspection report is on page 18. This report outlines most, if not all, the work Mr. Crockett will have to do to the house. This includes bringing all systems of the house up to current code standards and repairing and painting the exterior of the house. Easement When the city vacated the Kingston Avenue right -of -way in 1980, the city failed to keep a utility easement over the south part of the site. This area has an existing sewer line and overhead power lines. (See the site plans on pages 8 and 9.) To remedy this situation, the city should require the property owner to dedicate to the city a drainage and utility easement over the south 30 feet of the site. COMMISSION ACTION On May 6, 2002, the planning commission reviewed this request. The commission voted 4 -0 to approve the house - moving request. RECOMMENDATION Approve the moving of a one - story stucco house and a detached .garage for Bart Crockett to the lot south of 1754 Sylvan Street. The city approves the proposed site plan and dwelling orientation as shown on the site plans on pages 8 and 9. This approval shall be subject to the applicant doing the following: 1. Submit the following to the city for approval before the city issues a building permit: a. An irrevocable letter of credit or cash escrow for 1 -1/2 times the estimated cost of completing the construction, .including all yard work and exterior remodeling. The applicant shall complete the work within 90 days of the city issuing the permit. The Director of Community Development may extend this deadline for sixty (60) days if there has been a reasonable delay. The construction shall meet all building code requirements. (Code requirement) b. A new certificate of survey for the site and verify the lot lines with survey pins. (Code requirement) c. A grading, drainage and erosion control plan to the city engineer. This plan shall show that the proposed house location and grades will not cause any adverse effects or cause any drainage problems for nearby properties. The city shall not issue a moving permit until the city engineer approves these plans and the construction shall follow these plans. (Code requirement) d. A drainage and utility easement from the owner to the city over the south 30 feet of the site. 2. Sign an agreement to convey the title. This agreement shall allow the city to take possession of the house and property if the required work is not completed within 90 days after the city issues the moving permit. This agreement would allow the city the right to complete the construction required by code or demolish and remove the structure. The city attorney shall prepare this agreement. (Code requirement) 2 3. The applicant shall complete and redash the stucco, reshingle the roof, replace and. paint the trim and remove or replace the awnings. The applicant also shall meet all the requirements of the city's building inspection department. 4. Move the house between the hours of 3 and 6 a.m. The applicant shall leave the house in the street until at least 7:00 a.m., but no later than 10:00 a.m. There shall be no excessive noise or work on the house or site between 7:00 p: m. and 7:00 a. m. (Code requirement) 5. Place the house and garage on the property following the proposed site plan. This approval shall be subject to the following changes: a. Set the house at least ten feet from the north property line and as far south as reasonably possible while meeting the setback requirements from the existing powerline. b. Set, the garage no closer to the alley to the east of the property than the setback established by the existing garage to the north. 3 CITIZEN COMMENTS Staff surveyed the 22 property owners within 350 feet of this site. We received eight replies. Five were. opposed to the request and three had comments. Opposed 1. I do not want a house on the vacant lot. The lot is a good ball field for the children. It is too small for a house and a garage. No one in neighborhood wants the house. It is too narrow. The neighbors take care of the snow plowing. Why should the buyer use the neighbors? We are all very happy and satisfied with the way things are. There must be another lot to move that house onto.. Do not let it happen. We are all very upset. I do not think the buyer would be happy with the neighbors. (Dubbe —1754 Sylvan Street) 2. We oppose this plan because it would be a detriment to the neighborhood. The proposed moved house is a low -grade dilapidated shack that would be an eyesore and would depreciate the house values in the area. We do not want it. (Sisson —1758 Sylvan Street) 3. I feel there should not be a house moved on that lot. The property is too small. (Griffin — 1751 Gurney Street) 4. When I purchased my home in 1982, I was informed that the vacant lot in question was too small to have a house on. It has not gotten any larger! Please deny Mr. Crockett's request. (Huppert — 5 Kingston Avenue) 5. Not a good idea. I think a house of any sort in this small spot could and would be an eyesore. (Taylor —1765 Gurney Street) Comments 1. The exterior looks shabby. Will it be fixed up? (i.e. trim and stucco). Will it be owner occupied or a rental property? We do not need more rentals in the neighborhood. We will not allow it to cross our property to be moved in. (Lesch —1738 Sylvan Street) 2. I am concerned about 'drainage in the area. Water now drains from Kingston down the hill to Sylvan .Street. Where will the water go if this is approved? (Derider —12 Kingston Avenue) 3. See the letter on page 19. SITE DESCRIPTION Site size: 11, 941 square feet Existing land use: Undeveloped Owner*. Lois Jacobs SURROUNDING LAND USES Single dwellings to the north, east and south. Saint Paul Water Utility property across Sylvan Street. PLANNING Land Use Plan designation: RL (low- density residential) Zoning: R-1 (single-dwelling residential) P:sec 18 /sylvan house move.doc Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. Site Plan 5. Photo of site and 1754 Sylvan Street 6. 4 -17 -02 Applicant's Statement 7. House Photos (six pages) 8. April 24, 2002 letter from Nick Carver to Bart Crockett 9. Letter from Muscatello (1736 Gurney Street) W Attachment 1 op 1 25 - If COUNTY LAU fE LITTLE CANADA 3 � to RD. e J tt W _ J W Q O c.� 11 V 4� a NM.AMMMNNM MMr.MM v I Vr a EL RIDGE AV E.'""`' IMM��WMAf. r te•• 4z- • S 4 n dy—" Oehr 'Lok .--. s ,, : ., cn '� BELMONT LN. J$ Lak 0 .."""". SKILLMAN AVE• y MM NMwM N.�w • 111 ~ �M • SKILLMAN AVE. ►� � � = Y � MT. VERNON ( n AVE. � z m a w MT. R VERN w w DOWNS AVE. .,1 C? Ros a n AVE. Erton ......: d ° ° Por* Pdr* ROSELAWN AVE. BELLWOOD AVE. BE LWOOD AVE. U ER SUMMER AVE. 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Structure appears to be different then description. submitted for city review. Per 1997 Uniform Buildin g Code, Buildings or structures moved into or within a jurisdiction shall comply with the provisions of this code for new .buildings or structures. This project is subject to field inspection comments. E p pp Electrical circuits shall be inspected and approved. Wiring shall be upgraded to, current minimum standards. Smoke detectors must be hard -wired and .located, in accordance with all -applicable codes and manufacturer's instructions. Mechanical and heating Y p systems shall be inspected and approved. All systems and components shall be upgraded to current minimum standards. All gas piping must be tested in accordance with the mechanical code. Plumbing systems, stems, including but not limited to waste,. vents and fixtures must be inspected and approved. Plumbing shall meet all current minimum standards. Toilet does not have required 30 inches clear width or 24 inches clear width to the front. One windowp er bedroom must meet all UBC egress requirements. Existing windows do not meet this requirement. All beams' headers, joists and roofsYstems shall be repaired, altered or sized to carry all superimposed loads. Several areas in the sill appear decayed, including joist ends that . were previously embedded in beamfill. The garage trim and header supports appear . p y . decaed. ,Treated sill plates will be required to the new foundation. I was unable to y inspect the dwelling roof framing members. A 22' x30" attic access opening and adequate ceiling insulation is required. I handrails guardrails, and other code related items will be addressed individually Stairs, , g � , but must all meet the requirements of the 1997 UBC. . All lass and glazing shall meet the requirements of -UBC Chapter 24. Several windows andJ jalousies on the breezeway need to be safety glazed. ------ ---- o' covering needs to be removed and replaced. All damaged or decayed The entire ro f b p wood would also have to be replaced. Attic ventilation requirements must be met. p . must be repaired, flashed and wee Stucco rn p � p screeds added to meet current code req uirements. The new foundation must meet all current code requirements. Plans must be submitted to the. city for review prior to the relocation process. 18 OFFICE OF COMMUNITY DEVELOPMENT 651-770-4560. FAX: 651-748-30961- CITY 51-748-3096- CITY OF MAPLEWOOD 1 830 EAST COUNTY ROAD B MAPLEWOOD, MN 55109 i i r / F mr.4tor F-PrA 'asm, At .arhmcn+ 9 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAP LEWOO D, MINNESOTA MONDAY, MAY 612002 b. House MovingRequest (Crockett) — Sylvan Street ' Crockett is asking the cit council to allow him to move a house and a Mr. Roberts said Mr. Bart Cro g Y to a vacant lot on S detached garage from OakdaleIvan Street. The house is one story with a Y white stucco exterior. ' the Kingston Avenue right-of-way from Sylvan On December 18, 1980, the city council vacated g Street to a point 135 feet to the east. After this vacation, the former right-of-way was divided between the adjacent properties to the north and the south. This vacation helped to create the vacant lot south of 1y 754 Sylvan Street that is now under consideration for the house -moving request. • into the Sylvan Street neighborhood. The Mr. Roberts said the design of this house would fit y Street were built in the 1940s and 1950s. Most of these homes are homes along Sylvan S ramblers, but there is a split-level to the south. There also are homes along Sylvan Street with stucco exteriors. Several of the neighbors felt that the lot is too small for a house. The zoning code requires lots n the R-1 zoning district for houses i ' trict to have 10,000 square feet. This lot, according to the is 11 941 square feet. As such, the lot and the proposed site Ramsey County property recordsq plan for the house and garage can meet all city requirements. • Official inspected the house. His report Mr. Roberts said Nick Carver, the Assistant Building p outlines most • , if not all, the work Mr. Crockett will have to do to the house. This includes bringing all systems of the house up to the current standards and repairing and painting the exterior of the house. When the city vacated the Kingston Avenue right-of-way in 1980, the city failed to keep a utility g wa y site. This area has an existing sewer line and overhead easement over the south part of the • tion the cit should require the property owner to dedicate to power lines. To remedy this situs y the city a drainage Y and utility easement over the south 30 feet of the site. Staff surveyed 22 property owners within 350 feet of the site. There were eight replies, five were opposed to the request and three had comments that were included in the staff report. i Commissioner Ledvina asked staff f this building will have to meet all new construction standards? Mr. Roberts said that is correct. • acceptable for new construction? Commissioner Ledvina asked staff if a detached garage is p . there is no code requirement. for a detached or attached garage. Mr. Roberts said yes, Commissioner Drench asked staff if the windows will be up to code and will the windows be egress windows? Mr. Roberts said the current windows do not meet the egress standards and they would have to be changed to meet the standards. The applicant, Bart Crockett of 5887 Red Pine Boulevard in White Bear Lake, addressed the commission. Mr. Crockett said he has spoken to staff a number of times to see if this is a feasible project not and how much work would be involved. He believes this is a worthwhile project and he would Like to -ease the neighbors concerns. He has a mother-in-law who lives up north who recently put her husband into a nursing home and she has expressed interest in living in the home. If she does not, he will have to see how the market is doing to determine if it will be a rental property of if he will sell the property. Chairperson Rossbach asked the applicant if he has read and understood the conditions in the staff report? He asked if the applicant had any problems with the recommendations that staff has made? Mr. Crockett said he understood the report and has no problems with the conditions. Commissioner Ledvina asked which direction the front door will face? Mr. Crockett said the front door will face south. Commissioner Ledvina said the applicant is showing the house being placed 10 feet from the northro ert line and he noticed the front door on the house to the north''i'svery close to that p p Y property line. Is there any possibility of moving the house further to the south to give more separation between the. existing home to the north? Mr. Crockett said he is sure there is a way. He contacted Xcel Energy and got the setback requirements for ower Lines. He said there is a power line that runs east west. He believes it is q p 7.8 feet for the setback. As the house is shown the setback is 15 feet. Chairperson Rossbach said there were a -number of comments from the neighborhood survey that staff sent out regarding the appearance of the house. Did the photos generate the comments or did the neighbors actually go out -and look at the house? Mr. Roberts said the photos in the neighborhood survey generated most of the comments and one neighbor called and said he drove out and saw the house in the storage facility. Commissioner Ledvi.na unofficially recommended the approval to move a one-story stucco house. and a detached garage for Bart Crockett to the lot south of 1754 Sylvan Street. This approval shall be subject to the applicant doing the following: 1. Submit the following to the city for approval before the city issues a building permit: a. An irrevocable letter of credit or cash escrow for 11/2 times the estimated cost of completing the construction, including all yard work and exterior remodeling. The applicant shall complete the work within 90 days of the city issuing the permit. The pp Director of Community Development may extend this deadline for sixty -(60) -days if there has been a reasonable delay. The construction shall meet all Building Code requirements. (Code requirement). b. A new certificate of surveyfor the site and verify the lot lines with survey pins. (Code requirement). , C. cA grading, drainage and erosion control plan to the city engineer. This plan shall show _ g g g that the proposed house location and grades will not cause any adverse effects or cause any drainage problems for nearby properties. The city shall not issue a moving permit until the cit engineer approves these plans and the construction shall follow these plans. (Code requirement). d. A drainage and utility easement from the owner to the city over the south 30 feet of the g Y _ site. 2. g an Sign agreement to convey the title. This agreement shall allow the city to take possession of the house and property if the required work is not completed within 90 days after the city issues the moving permit. This agreement would allow the city the right to complete the construction required by code or demolish and remove the structure. The city attorney shall prepare this agreement. (Code requirement). 39 Theapplicant shall complete and redash the stucco, reshingle the roof, replace and paint the trim and remove or replace the awnings. The applicant also shall meet all the requirements of the city's building inspection department. 4. Move the house between the hours of 3 and 6 a.m. The applicant shall leave the house in the street until at least 7:00 a.m., but no later than 10:00 a.m., There shall be no excessive noise or work on the house or site between 7:00 p.m. and 7:00 a.m. (Code requirement). 5. Place the house ten feet from the north property line. The applicant shall place the house to the furthest extent from the north property line that is allowable based on restrictions for the easement for the power line located on the property. Commissioner Rossbach seconded. Ayes — only for items 1-4 are Dierich, Ledvina, Monahan-Junek, Rossbach Ayes - only for item 5 are Ledvina, Rossbach — Nays onlyfor item 5 are Dierich, Monahan-Junek Commissioner Dierich was not comfortable telling the landowner where he has to place his house on the lot. And as it was mentioned earlier if it were new construction he could put the house anywhere on the lot he wanted to. Commissioner Ledvina said this house is coming into this neighborhood. There is a separate approval process and he thinks there is input that the planning commission is able to have to pp make sure that the house is appropriate for this site. He can see Ms. Dierich's point, but given the scenario he thinks it is important to review it and do what the commission can for the existing neighbors. Commissioner Dierich said she agrees with Mr. Ledvina and hopefully the landowner wil.1 make that choice but she can understand his wish not to put the house near the power lines. Chairperson Rossbach said due to lack of a quorum the voting was unofficial but this information will be passed onto the city council. Mr. Roberts said this request goes to the city council on Tuesday, May 28, 2002. q Agenda # MEMORANDUM m Acdon by Count TO: City Manager FROM: Shann Finwall, Associate Planner Date SUBJECT: Kline Nissan Dealership - Wetland Buffer Variance, Condi "Al u ve Permit and Design Review Modified LOCATION: 3090 and 3110 Maplewood Drive Rejected—...�.._ i .....� DATE: May 20, 2002 y INTRODUCTION Project Description Rick Kline, of Kline Auto World, is proposing to build a 25,502 -square -foot, two-story Nissan dealership with a 16 -bay automobile maintenance garage. The dealership will be constructed at 3090 and 3110 Maplewood Drive, which are located at the southeast corner of County Road D and Maplewood Drive (Highway 61). The site is zoned M-1, Light Manufacturing, and currently contains two vacant single-family homes. Refer to plans on pages 12 through 21. Requests The applicant is requesting that the city council approve: 1: A 75 -foot -wide wetland buffer variance. The Ramsey/Washington Metro Watershed District has classified the wetland on the site as a Class 1 wetland. City code requires a 100- foot -wide wetland buffer along Class 1 wetlands. The applicant is proposing. a 25 - foot -wide wetland buffer. 2. A conditional use permit (CUP) for a maintenance garage. The sale of new and used vehicles is permitted. City code requires a CUP for service and maintenance garages. 3. Design review (architectural, site, landscape, and lighting plans). DISCUSSION Wetland Buffer Variance Watershed District Approval A wetland delineation wasp erformed for the Nissan dealership by Advanced Soils and Engineering. The watershed district also conducted a delineation of this wetland approximately fourg ears ago during a watershed project, and they confer with the submitted delineated marks. Y 9 After inspection of the wetland, Karl Hammers of the Ramsey -Washington Metro Watershed District, stated that grading and filling of the wetland buffer have left parts of the buffer degraded. In addition, some of the buffer has been overrun by green ash and buckthorn. Rob Langer, also of the Ramsey -Washington Metro Watershed District, stated that even though some of the buffer has been degraded, the wetland is a high quality Class I wetland, particularly the flood plain wetland to the east of the property. It is beneficial to maintain as much of the surrounding buffer as possible. The applicant proposes to grade up to the wetland edge and to reestablish an "improved" 25 -foot -wide wetland buffer. The parking lot will be constructed 25 feet from the wetland's edge. The applicant is working with Sunde Engineering to design and install a subsurface storm water infiltration system that will help treat the water prior to being deposited into the wetland. This tYpY e of s stem was also installed at the Volvo dealership located to the south of the Nissan site. On April 4, 2002, the Ramsey/Washington Metro Watershed District approved the Kline Nissan dealership proposal. The watershed district requires only a 75 -foot -wide wetland buffer for Class 1 wetlands, as opposed to the city's required 100 -foot -wide buffer. Therefore, the watershed district approved a 50 -foot -wide wetland buffer variance that allows the applicant to remove the entire buffer and to provide an "improved" 25 -foot -wide buffer with reestablished native vegetation once the subsurface storm water infiltration system is installed. Refer to watershed district approval on pages 22 and 23. Previously Approved Wetland Buffer Variances October 11, 1999: The city council approved a 75 -foot -wide wetland buffer setback variance for the Volvo dealership on Highway 61, located directly to the south of the Nissan site. City code required a 100 -foot -wide buffer. Volvo was required to install a subsurface storm water infiltration system and plant native vegetation in the 25 -foot -wide buffer. December 9, 1996: The city council approved a 60 -foot -wide wetland buffer setback variance for the Winiecki building located at 1420 County Road D, on the east side of the wetland east of the Nissan site. City code required a 100 -foot -wide buffer. February26, 1996: The cit council approved a 75 -foot -wide wetland buffer setback variance for Y the Lexus dealership on Highway 61, located directly south of the Volvo dealership. City code required a 100 -foot -wide buffer. Lexus was required to plant native vegetation in the 25 -foot - wide buffer. Comparison of Dealerships with Wetland Buffer Variances DEALERSHIP LOT SIZE Lexus 3.62 acres Volvo 2.32 acres Nissan 4.71 acres (Proposed) BLDG SIZE. PARKING WETLAND BUFFER 14,074 s.f. 176 25-f6ot (one story) 14,778 s.f. 88 25 -foot (one story) 25,502 s.f. 269 25 -foot (two story) (Note: The Lexus building is currently 11,000 square feet in size. They are proposing, however, to add on and increase their square footage to 14,074 square feet.) Variance Concerns The wetland on the proposed Nissan site, a. Class 1 wetland, has characteristics and functions that are most susceptible to human impacts; they are the. most unique type of wetland and have the highest community resource significance. The 100 -foot -wide wetland buffer is required to help protect the wetland from human impact. The applicant's estimate of hardship for the 75 -foot -wide wetland buffer variance is that the site has wetlands located on two sides of the property and that without the variance to construct the parking lot within 25 feet of the wetland the site would be deemed unusable for their intentions of constructing a new dealership (refer to the attached hardship justification letter on page 24). Regarding compliance with state law findings for variance approval, staff agrees that the site might be difficult to develop because of the wetlands, however, staff does not feel that the 2 Kline Nissan May 20, 2002 wetlands pose a sufficient hardship to warrant the extreme 75 -foot -wide wetland buffer variance requested. To demonstrate this, staff has shown on page 25 the remaining land available for development with various wetland buffer setbacks. Clearly with no variance a 100 -foot -wide wetland buffer would render over half of the site unusable. The 50 -foot -wide buffer, however, would allow considerably more land area to be used by the applicant. Therefore, after much debate, staff has determined that preserving more of the natural wetland buffer along the northeast side of the property would be a suitable compromise, especially .since the watershed district indicated that the flood plain wetland to the east is particularly sensitive. Allowing the proposed 25 -foot -wide wetland buffer on the east and south would preserve much of the applicant's site plan and cause the least disruption to the parking and traffic patterns as proposed. Mr. Hammers of the Watershed District stated that if the city requires a 50 -foot -wide buffer, it would be beneficial to grade within 10 feet of the wetland and reestablish 40 feet of the buffer with native plantings. He said that the additional improved buffer would help protect the wetland. On May 6, 2002, the planning commission recommended approval of Nissan's proposed conditional use permit and wetland buffer variance with the condition that Nissan maintain a 50 - foot -wide wetland buffer along the northeast portion of the site as recommended by staff. At the meeting Jeff Stearns, Vice President and C.E.O. of Kline Volvo, indicated that he agreed with all of staffs recommendations except the 50 -foot -wide wetland buffer setback on the northeast side of the site. He indicated that the site was very expensive and because of this they would need every square foot of land they. can get. ,A new site plan was submitted for review after the planning commission meeting by R.J. Ryan Construction (see new site plan on page 26). The new site shows the 50 -foot -wide wetland buffer setback on the northeast side of the property. With this alternative the applicant would lose 29 parking -spaces from their originally submitted site plan, for a total of 240. For, comparison, this would be 64 more parking spaces than Lexus of Maplewood (they have 176 spaces) -and 152 more parking spaces than Kline Volvo (they have 88 spaces). The newly submitted site plan meets the recommendations of staff and the planning commission, however, Mr. Stearns has not approved of the change to Kline Nissan's proposal. Precedent The city council granted 75 -foot -wide wetland buffer variances for the neighboring automobile dealerships. However, each development and variance request should be considered separately on its own merits. In the previously approved dealership wetland setback variances, the lots were smaller and the developments included smaller buildings with less parking. Therefore, staff feels that the land can be put to a reasonable use if the building and/or parking lot were decreased in size. Staff agrees that a variance is justified, just not the size requested. With a 50 -foot -wide wetland buffer on the northeasterly side, the city will achieve a suitable balance between determining a "reasonable use of the property" and code compliance. Conditional Use Permit The proposed 16 -bay maintenance garage meets the findings for CUP approval. (Refer to the applicant's conditional use permit statement on pages 27 through 29). 3 Kline Nissan May 20, 2002 Lot Combination The Nissan site consists of two lots with vacant single-family homes located on them. Prior to issuance of a building permit, the applicant should combine the two lots into one lot with Ramsey County. County Road D Alignment Study The City of Maplewood is working with URS, engineering consultants, to study the possible realignment of County Road D. The intent of the study is to explore the relocation options of moving County Road D further to the south, away from the 1-694 interchange. The study and proposed realignment should be complete by Fall 2002. Chuck Ahl, City Engineer, states that the realignment would take place to the south of the Nissan site and no land would be required from ,the applicants for the possible realignment. Parking The city's parking ordinance does not clearly define the special parking requirements for an automobile dealership, i.e., parking spaces for automobile inventory. However, using the ratio of 1 space for each 200 square feet of office/showroom, 1 space for every 1,000 square feet of p9� spaces arts storage, 3 aces for each service bay, and 1 space per employee, the Nissan site is required to have 131 parking spaces. The applicant's original site plan shows 269 parking spaces and the newly submitted site plan shows 240 parking spaces. Building Design The proposed building will have a front exterior of flat metal panel wall systems, corrugated metal panels, and anodized aluminum frames with insulated glass. The sides and rear exteriors will be rock -face concrete block and EIFS (exterior insulation finish system - a stucco -look material). The front and south side of the building will be visible from Highway 61. The south side of the building has a large expanse of rock -face concrete block, giving the appearance of a very large and plain wall. For this reason, staff recommends that design elements found on the front of the building also be implemented onto the south side, including the extension of the flat metal panel wall systems with decorative corrugated metal panels. Much of the north elevation is already treated decoratively. After the May 6, 2002, planning commission meeting R.J. Ryan I Construction submitted a new south elevation showing five, small square windows along the top portion of the elevation (see new south elevation on page 30). This proposal was. submitted due to staffs concerns over the large rock -face concrete block wall that will be visible from Highway 61. Installing five small windows breaks up the wall only slightly. Therefore, staff further recommends that additional design elements be implemented on the south side. Landscaping The city's tree preservation ordinance requires that all quality trees removed from the site, which have a trunk diameter of at least 8 inches, be restored one for one up to 10 trees per acre. The site has 18 large trees, 14 of which will be removed. Therefore, the applicant is only required to plant 14 trees on the site. The proposed landscape plan shows a total of 35 trees on the site, exceeding the tree preservation requirements. 4 Kline Nissan May 20, 2002 The proposed landscaping is acceptable. The applicant has not provided a turf restoration plan, however, for the wetland buffer. This plan should be provided for city and watershed district approval before a building permit is issued. Any landscaping and turf establishment within the highway right-of-way should be subject to MnDOT's approval. Trash Storage The code requires that all trash containers be kept in screening enclosures with a closeable gate. The applicant proposes to keep their trash inside the building. If they later decide. to have outdoor trash storage, they must provide an enclosure with a 100 percent opaque gate as required by code. Staff will monitor this during annual CUP reviews. Lighting The lighting plan meets city requirements and includes 24 parking lot pole tights (25 feet high) and 4 wall -pack lights. The maximum light intensity at the property line is .4 foot candles. Site -Plan Concerns Vehicle Display Pads There are six vehicle display pads shown on the site plan in addition to the 269 to 240 parking spaces proposed. Two of the display pads are shown constructed within the requested 25 -foot - wide wetland buffer on the south side of the lot. A new -site plan should be submitted which. shows that the vehicle display pads do not encroach into the wetland buffer. Vehicle -Transport Unloading Unloading on public right-of-way has been a recurring problem with auto dealerships along Highway 61. Unloading on Highway 61 or County Road D is not allowed and should be prohibited by a condition of the CUP. Access The applicant should install a right -turn lane from Highway 61 as required for the Volvo and Lexus dealerships. This lane should be subject to MnDOT's approval. Police Concerns Lieutenant Banick expressed concern over the design and location of the proposed parking lot for the Nissan proposal.. He states that the layout of the parking lot behind the building and the proximity to a major freeway will promote vehicle theft. Refer to Lieutenant Banick's memo on page 31. I Other Comments Engineering: See attached grading and drainage statement on pages 32 and 33. Fire Marshal: Any tanks being installed must have proper permits pulled. Building Official: Proposal looks good. A full plan review will be done when plans are submitted for the building permit. Female bathroom should be provided in maintenance garage. 5 Kline Nissan May 20, 2002 COMMITTEE ACTIONS On May 6, planning 2002 the lannin commission recommended approval of the conditional use permit and wetland setback variance (75 -foot setback variance along the south portion of the property and 50 -foot setback variance along the northeast portion of the property). (See attached May 6, 2002, planning commission minutes.) On May .14, 2002 the communitydesign review board recommended approval of the design of g thep roposed dealership. (See attached May 14, 2002, community design review board minutes.) RECOMMENDATIONS 1 o t the wetland buffer setback variance resolution on pages 34 and 35, approving a . Ad p 50 -foot -wide wetland buffer variance along the northeast property line and a 75 -foot -wide wetland buffer variance along the southeast and south sides of the property for the proposed Nissan dealership at 3090 and 3110 Maplewood Drive. Approval is based on the following findings: • Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 100 -foot -wide wetland buffer requirement would make development of this site difficult. • The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve a portion of the wetland buffer substantially over its present pp p state and will treat storm water from the site with a subsurface storm water infiltration system. • The city council previously approved similar wetland buffer variances for three developments near this proposal. Approval is subject to the applicant doing the following: a. Dedicating a 50 -foot -wide wetland protection buffer easement along the northeast lot line and a 25 -foot -wide wetland protection buffer easement along- the remaining wetland edge. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a building permit. b. Submitting a revised grading plan showing compliance with the required wetland dedications. The grading plan shall include grading to within 10 feet of the wetland edge on. the side where the 50 -foot -wide wetland buffer is required, with restoration of the remaining 40 feet of _wetland buffer consisting of native plantings to be approved by staff and the watershed district (see landscape requirement below). C. Submitting a revised landscape plan for the restoration of 40 feet of the wetland - protection buffer on the northeast side of the site and for the 25 -foot -wide buffer in the other wetland buffer areas. This plan shall be subject to staff and watershed district approval. Underground irrigation is required for all landscaped areas, excluding the wetland protection buffer. 6 Kline Nissan May 20, 2002 d. Installing city approved signs at the edge of the wetland -protection buffer which prohibit any building, mowing, cutting, filling or dumping within the buffer. e. Submitting a signed maintenance agreement to the Ramsey/Washington Metro g Watershed District and the city for maintenance of the subsurface storm water infiltration system that accepts responsibility for any necessary maintenance and upkeep of the system. 2. Adopt the resolution on pages 36 and 37, approving a conditional use permit for a maintenance garage at the proposed Kline dealership at 3090 and 3110 Maplewood Drive. Approval is based on the findings required by the code and subject to the following conditions: a. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. b. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. C. The applicant shall not load or unload vehicles on public right-of-way. d. Cars can only be parked on designated paved surfaces. e. The city council shall review this permit in one year. 3. Approve the plans date-stamped March 5, March 20, April 22, and May 9, 2002, for the pp proposed Nissan dealership at 3090 and 3110 Maplewood Drive, based on the findings required by the code. Approval is subject to the following conditions: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Before getting a building permit, the applicant must submit to staff for approval the following: 1) Dedicating a 50 -foot -wide wetland protection buffer easement along the northeast lot line and.a 25 -foot -wide wetland protection buffer easement along the remaining wetland edge. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a building permit. 2 Submitting a revised grading plan showing compliance with the required wetland dedications. The grading .plan shall include grading to within 10 feet of the wetland edge on the side where the 50 -foot -wide wetland buffer is required, with, restoration of the remaining 40 feet of wetland buffer consisting of native plantings to be approved by staff and the watershed district (see landscape requirement below). 7 Kline Nissan May 20, 2002 3) Submitting a revised landscape plan for the restoration of 40 feet of the wetland -protection buffer on the northeast side of the site and for the 25 - foot -wide buffer in the other wetland buffer areas. This plan shall be subject to staff and watershed district approval. Underground irrigation is required for all landscaped areas, excluding the wetland protection buffer. 4) A revised site plan showing the following revisions: a A 50 -foot setback for the parking lot from the wetland on the northeast side of the site. The revised site plan shall include the reconfiguration of the parking stalls and will ensure that no vehicle display pad encroaches into the required wetland buffer. b) A right -turn -lane from Highway 61 into the site, subject to MnDOT's approval. C) A trash enclosure that matches the building in material. This enclosure shall not be placed in required parking spaces. It must have a 100 percent opaque closeable gate. If the trash dumpster is kept inside the building, an outdoor enclosure is not required. 5) Verification that all watershed district special provisions, as indicated on the watershed district permit, are. met prior to issuance of a building or grading permit for the site. 6) A revised south building elevation showing five windows and a smooth faced band along the. concrete block to align with the windows. The bar4d'ng chail also 'th the metal panels located on the side. This '200 WWO-W. revision is subject to staff approval. 7) Combine the two parcels (3090 and 3110 Maplewood Drive) into one parcel with Ramsey County. Proof of lot combination must be submitted prior to issuance of a building permit. 8) Applicant shall submit to staff for review and approval a striped parking plan which designates customer only parking spaces within the site plan. C. The applicant shall complete the following before occupying the building: 1) Replace any property irons removed. because of this construction. 2) Install a reflectorized stop sign at the exit and ahandicap-parking sign for each handicap accessible parking space. 3) Construct a trash dumpster enclosure to meet code requirements, unless trash dumpsters are stored indoors. 4) Install an in -ground lawn irrigation system for the parking lot islands and the sodded areas between. the highway and the parking lot. Lawn irrigation in the right-of-way may be waived if MnDOT wily not allow it. It is also waived in the wetland buffer area. 8 Kline Nissan May 20, 2002 5) Post signs identifying the customer and employee parking spaces: 6) Install city approved wetland buffer signs at the edge of the wetland buffer easement that notifies that no building,mowing, cutting, filling or dumping is allowed within the buffer. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter or within six weeks if the building is occupied inthespring or summer. e. This approval does not include signage. All proposed signs must comply with the city's sign ordinance and the applicant must obtain all required sign permits prior to installation. f. All work shall follow the approved plans. The director of community development may approve minor changes. 9 Kline Nissan May 20, 2002 REFERENCE INFORMATION SITE DESCRIPTION Site Size: 4.71 acres Existing Land Use: Single -Family Homes (Vacant) SURROUNDING LAND USES North: County Road D and Interstate 694 (Vadnais Heights) South: Wetland and Kline Volvo Dealership South of Wetland (Zoned M-1) West: Highway 61 East: Wetl"and PLANNING Land Use: M-1 (Light Manufacturing) Zoning: M-1 (Light Manufacturing) Ordinance Requirements Conditional Use Permit Section 36-151(b)(9)(c) requires a CUP for maintenance garages. Section 36-442(a) states that the city council may approve a CUP, based on nine standards. Refer to the findings in the resolution on pages 33 and 34. Variances Section 36-196(h)(3) of the wetland protection ordinance requires a 100 -foot -wide wetland buffer for the proposed Kline dealership site. State law requires that the city council make the following findings to approve a variance from the zoning code: , 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. "Undue hardship", as used in granting of a variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. 10 Kline Nissan May 20, 2002 Design Review Section 25-70 of the city code requires that the community design review board make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments, and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. APPLICATION DATE Mr.. Kline submitted his complete applications on April 4, 2002. The required 60 -day deadline for decisions on this proposal is June 3, 2002. P1sec31Nissan.2.doc Attachments: 1. Location Map 2. Zoning Map 3. Land Use Map 4. Site Plan 5. Landscape/Lighting Plan 6. Building Elevations 7. Nissan Dealer Signature Elements 8. Lower Level Floor Plan 9. Upper Level Floor Plan 10. Watershed District Approval Letter dated April 26, 2002 11. Applicant's Narrative Statement for the Variance dated March 5, 2002 12. Wetland Setbacks Map 13. New Site Plan (Submitted 5/9/02) 14. Applicant's Narrative Statement for the Conditional Use Permit dated March 5, 2002 15. New South Elevation (Submitted 5/9/02) 16. Memo from Lieutenant Banick dated April 25, 2002 17. Memo from Assistant City Engineer dated April 29, 2002 18. Variance Resolution r 19. Conditional Use Permit Resolution 20. Plans Date -Stamped March 5 and April 22, 2002 (separate attachments) 11 Kline Nissan May 20, 2002 Attachment 1 Interstate 6 94 '40 MI �� i� - �Msww I k v Im Location Map 12 Mo Ir��nr���fn L:Qd Attachment 3 Land Use Map 14 Fildlenle: Klin■!Y■■an \Igindlkgl-Al.dog ©•1-+ar-hmon+ A 7 II,—II _ (t D Iill CROW y .e•-fso• 12' 11 1-11 a) _ ABOVE PARKR4G WWACE r• -III {I C.01 ^ �Ily II IIS m S 0 FRI -III-I I to T,II��II LI i l LA I 1 o - v _ m y i z 1I1— y :r M rn 0 m r+i�il i WEM7�� C- p.<•. i _ m --go m 1A in —mvs i - 10 F inia r g • P 7C o o C i 11// . 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Proposed Building For ' Re P2 Z /�A m x P _ s o -coy; o N: s � KLINE NISSAN �� n Nz T Maplewood, Minnesota gg LOWER LEVEL 20 FLOOR PLANS -- I`C aooD_ I F ILI <a� � O,�' F-,tt- r R FLIUR 4 r c' g P` LJ ❑ A - _LA>w p� ECP V r�r � O O O 0> N> >> 09 Pf00 N • 1 T1 T1 II � N \ I Immi `T V S m �< t m ai I \ V V tr V > D as IO I O<p PIN i 20 I N� \ m o env v F agi+ D S? Proposed Building For ' Re P2 Z /�A m x P _ s o -coy; o N: s � KLINE NISSAN �� n Nz T Maplewood, Minnesota gg LOWER LEVEL 20 FLOOR PLANS -- -fA•nOmr. 1tNn•1/Nwn\ItlNWN••n-A].dp . Attachment 9 O A 4 4 Q a Q 9 IR,A a 3 4 > z o a a Proposed Building For Q qo 1L• � r 3 °° x� KLINE NISSAN '°;==; W> �' Maplewood, Minnesota �* ac N Z F p vg L UPPER LEVEL 21 FLOOR PLANS . Ramsey -Washington Metro A .4/26/02 Shann Finwall City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Shann, District Attachment 10 1902 East County Road B Maplewood, MN 55109 (651)704-2089 fax: (651)704-2092 email: office@rwmwd,org I am including the documentation you requested regarding the reasons the Ramsey - Washington Metro Watershed District granted a buffer variance for the Kline Auto World project on Highway 61. The Kline Auto World project has a Protect category wetland (City of Maplewood class 1) on the east and south side of the project. The Watershed District requires a 75 -foot no - disturb buffer on protect category wetland. The owner of Kline Auto World requested a variance from this requirement. The variance was granted for the same reasons as those for the Kline Nissan project. The buffer was highly degraded and offered little benefit for wildlife or buffer and the owner was willing to install a very effective storm water infiltration system that will treat storm water from the site before it is discharged to the wetland. The owner will also plant a high-quality wetland buffer consisting of native species that will be more beneficial to the wetland than the degraded buffer that is currently adjacent to the wetland. The watershed Board is concerned about protecting the wetland during construction of the project and instructed me to include additional provisions that will need to be completed before a grading permit is issued. I have enclosed a copy of those provisions. I would appreciates the City's cooperation in not allowing any grading to begin on this project until you have verified that these provisions have been met. Please call me if you have any questions or comments. Sincer 1 , Karl Hammers District Technician 22 02-17 Special Provisions 1. The owner shall submit a signed maintenance agreement for the subsurface storm water infiltration system. 2. An average 75 -foot wide no -disturb buffer shall be maintained between the surrounding wetland and the proposed site. On April 3, 2002 the Watershed Board granted a variance allowing the entire buffer to be removed provided that a 25 -foot buffer. is established with native vegetation after the infiltration system is installed. 3. The silt fence along the wetland edge shall be monofilament. 4. The bottom elevation of the infiltration trenches shall be no lower than two feet above the water level. of the nearby wetland. The water level for this provision shall be considered the highest elevation along the delineated wetland edge surrounding the site. A survey shall be conducted to determine this elevation. On April 3, 2002 the Watershed Board passed a motion requiring the following provisions to be added to the permit as a result of granting the variance request. 1. A statement shall be placed on the grading plans requiring.. that the silt fence be inspected each morning and any damaged silt fence repaired immediately. 2. Grading sequencing plans shall be submitted that show: a. How storm water will directed away from the infiltration system until the site is completely stabilized, b. How the wetland will be protected from sedimentation until the site is completely stabilized. 23 Attachment 11 Y' KLINE AUTO WORLD OLDSMOBILE MITSUBISHI SUZUKI NISSAN VOLVO (651) 484-3901 March 5, 2002 City of Maplewood .1830 County Road B East Maplewood, MN 55109 Attn: Mr. Tom Ekstrand City Planner Re: Proposed New Location of Kline Nissan Dear Mr. Ekstrand: Please consider our request for setback variance from the wetlands for our proposed new Location on Highway 61 for our Nissan franchise. Due to the limited amount of available visible land in Maplewood and its proximity to our existing facility and its proximity to our competitors we have chosen this site, although it is not ideal. This site is unique because of the wetland on two plus sides of the property. We have hired R.J. Ryan Construction, Inc., and Sunde Engineering to work with the Ramsey Washington Watershed District to design a state-of-the-art dealership for this site, with keeping in mind the best utilization of the property and still maintaining the regulation of the Watershed District for ponding and runoff. Without this variance, this site would be deemed unusable for our intentions of constructing our new facility. Blease consider our variance request for this site. We look forward to working with the City of Maplewood and the Ramsey Washington County Watershed District on our attempt to develop this property. If you have any questions, please do not hesitate to call. Kline Nissan-Iet01 city of maplewood Sincer ly, Rick Kline Kline Nissan 24 Attachment 12 C .. o u Q N T Y R o A o •p• 89 S .58*00" E PYLON qGN. y r O vestry sut. h8 ti� SME ANO . LOCATION ..Ole 8b1? CURB ANO`� • `. GUTTER SEC OCT is TO 21M (TYP.) hA • ��v 1� D .i ,.� �ry a�.q► ��`�, . �? a A4°ii ;sot ,, ` •` ' � ��, �0a� O/ ! ; w 3 1`.• FOGE OF DELINEATEO VV C J •. ` o + F \ �- WE TLANOS 8,632 Cu 0 A. •f. `� •` , CuTTER SFE Alt 1 • /•� 6 2/Ai (TYP.) ti w .29 4e MONUMENT SI G VERIFY S�Tf. 5 STYLE ANOLOCAMN /� :► � ��• ` ;,,: , 4HTH OMkER �• '::�=''• � ; �s" 1' `` .. O• '�i��1`, .L�j' ` ::u V OCTAN, SrA"O COL PAVING AT FEA EXISTING4!- BITUMtHous� ; • � SALMIS (TTP. 10 •w � � � - �► O ' - O `` ` EDGE `� SE 7YA, . LDS Q -wAi 3 • 1 i0GE OF 'bEtkA7gp-- 6 . tIVE.Aptr05 , 0 " ,, g \, 72'1724" • • • . . . - ` , - x.00- - � � °-�a N' � •o° No R=2783.7 L=12.72 N 958W 00 ` EOG£ Of OCLINEAIEO o=0150W SCMACK. 48Q.78 ♦ VcTtmos NORTH N6 . N t SITE FLAN �'� �`i► Al SCAZC ] - <o -o WETLAND 25 SETBACKS C 0 U N T y R 0 A p •0• S 89758000' E ss .ss _ o as s „o PYLON SIGNVERIFY • .0 • / \ P P�''\9PG -` SE AND LOCATION - \ M0s WITH OWNER \ �OUN CUM\ 8612 CURB AND DETAIL GUTTER SEE DETAIL. 19 0) / O yQj Cb OP \ \ JN ApV tit Cb D \ x'14 ,fir / a J !` . �~ M \ �- 00s, A V 0 Qim h1 `0. EDGE OF DELINEATED WETLANDS 18' \6 PRCPOSEDv % BUILDING taB13 s,F. OOF HATCH - \ • / INT ROOF OR VERIFY LOC'N / W/ OVERFLOW V► 1M/ CONTRACTOR \ \ • �� 40. 10), SCUPPER (5)A. �Ilk8' Q- , to 612 CURB AND 40a GUTTER SEE DETAIL 2/At (r1'P.) MONUMENT �o SIGN. 'ti • ?T• • \ V VERIFY SIZE 5 ?� o, SME AND LOCATION / • 1 Cr �O� O \ WITH OWNER ?v X23 32- / STAMPED COLORED 20 o � PAVING AT FEATUREOLLAP=.- f �r� SEE\ �. t 0• \ \ 2 EXISTING Xs �I — t 3i DISPLAYS (•) �.. i � DETAIL G/A t,� BITUMINOUS `° / ; . (4 IHUS EDGE SElBAGK WETLA�iI �� ` —i --r - \ / �► \� TYP. \ C.-ICErf 'IF :. DELINEATED , i i► �� r / - WE-TLANDS 72'1 T24' 5.00 - - • _ �, - - - 10 9.79 = • ��ti --278 L-12.72 _ - ,&=0'15'49" WETLmo---/ SETBACK, TYP. N 89 00'—yy'— 60,'78 —./'�/ EDGE OF OEUNEATED WETLANDS NORTH SITE 1 = P LAN /\�y A 1 SCALE, Attachment 13 N W E New Site Plan s 26 FROM .: R. J. RYAN FAX NO. :651-681-0235 Apr. 26 2002 08: 24AM P2 - IkJR-y-an . Construction, Inc. Attachment 14 1100 Mendota Heights Road Mendota Heights, MN 55120 (661) 681-0200 Fax (651) 681-0235 March 5, 2002 M r.Torn E kstrand City of Ma.p-lewo-od, Associate Planner t83G East Ccmiit-y Road B. Maplewood, MN 63709 Re: Site- Plan- submittal - Conditional Use Permit Kline- Nissan- Dealership. state- Highway V. Gear Tom: On behalf- o -f R. J-. l-yan-. coastruetion-,- enc. , & K[in& Wssan-, - the- applicant is requesting ng- a. Conditional Use Permit for construction of a car Dealership and maintenanceara a in 9 9 association- W th- the site- piar approvat variance-, and watershed- permit appravai. The fallowing responses to the criteria for a conditional use permit are based upon the site pian- package. submitted- to --the- city- of -Maplewood --on- March -4; 2002, and on- the grading permit plan set submitted to the Ramsey Washington Metro Watershed District on Ma-rctr 4, 2002. 'i. The- wa. would be- located, designed, ma-inta ned, constructed and operated- to be in conformity with the city's comprehensive plan and Code of Ordinances. The, ExisUng-zo.n.ing- is- M.-1 m- a-oufacturin.g-.whic. - allows. as- a n. outright use car dealerships and display lots. The majority of car dealerships on Highway 6-1 have --as- a- servicer to --their customrs a- maintenance- facility specifically Integrated into the car dealership operation. The properties to the south, Kline Vofvo, Lexus of , Ma lewoodcurrently. � y have- operational mainte-nancegarages--as-does- the- Toyota- Deatet shi located across Highway 61. The proposed maintenance garage will occupy- approximately.1D,OW scr. ft of he proposed 'fG, i100- sq. ft, facility. All maintenance on the vehicles will occur within the structure as required b - y Code. The exterior of the maintenance area will be constructed of the An Equal opportunity Employer 27 FROM :R.J. RYAN FAX NO. 651-681-0235 Apr. 26 2002 oe:25AM P3 same rock -faced- concrete- rnasorlry units- as --the showroom and customer service area, similar to the Volvo Dealership. 2. The use would not change the existing or planned character of the_ surrounding g area. The proposed use would improve the existing ng land use from a sub standard- residerrytial- ham- to- ar permanent structure compatible w[thalf . � t applicable Design Review Cammittee-criteria.-and building codes. 3 Tho use would not depreciatero ert values. p p y The improvement to the slope adjacent t • p � o the wet land. writ eliminate the erodablo slope- conditiorrs acrd unrdesirable ground- cover. Ther� a p p sed grading pian will improve the water quality, re -vegetate the slope Y g pe with native and appropriate grass species, conducive to an improved we and wildlife h - P wetland habitat, 4. The use would not involve any activity,process., materials? p equipment or m&th ds of operatiOrr that woutd be dangerous, hazardous, , detrimental, disturbing, or cause a nuisance to an person or pr • a . Y p p_ perfy, because. of excessive noise, glare, smoke, dust, odor, fumes, water or airollution drainage s vibrc7tlon p water run- off ,- general unsightlrctess,. electncal interference or other nuisances. s The proposed will not involve an of the above activitie • Y s due e to its locatio n in- art Ma -I district- and -tacit of. resicdentiar properties nearby. The exterior lights are down cast cut off fixture at a 25' height ht and will illuminate • g the parking lot and display areas. r The use would- gene►rat& Onlytt�n mat. v • eh�c��tla-r traffic on tocat streets an woutd not create traffic congestion or unsafe access on existing or proposed sfteet. The proposed site plan will only -have access from the northbound lanes of State-fthwW 64-01 Southbound-.trafftc-oTt State -Hi a 6x will not have �� Y access to the site. The entrance to the site will be coordinated with the Minnesota Department of Transportation and will require a drive P q driveway access_ permit. The_ location-- of the Nisar-- deateFship- was se6c. ted based upon the traffic already on Highway 61 and the surrounding land uses. The -card aluruftilYwilf not -adversely affect -the existing traffic on or Highway �.1. g Y any. local. street.. c FROM :R.J. RYAN FAX NO. :651-681-0235 Apr. 26 2002 08:25AM P4 6. The use would be surae- by adequate- public facilities and services, including streets, police and fine protection, drainage structures, water and sewer systems, schhoats, arid- parks. The MWCC h.a-s- been --c -acted- and wiR- allow- connection to the--sartitary sewer. Storm drainage from the site has been discussed with the City and Watershed. A grading permit- and plan set has been submitted to the watershed for approval. 7. The use would not create excessive additional costs foru facilities p bloc fa ctlitles or services: No expansion of existing. p.ubtic. facilities wilt be required. 8. The use would maximize thean reservation of p d incorporate the site s natural a7d- seenia features- imla then- devafoFp-rr ant -design, Tha proposed- u -se- has-been- designed to rg enhancer ttte wetta nd edge a n d provide a buffer yard area between the development and the wetland. The- emdabre slopes w0l-"be eCiminated and a buffer and at a 3:11 slope will' e Y pe b created along the entire wetland boundary. The buffer.ard improved p prove d at no cost to the watershed district. 9; The- user would- cause - -adverse environments f-eftcts. As- stated r alt -sWrmw ater wig- be- controNed- arid- ch-a-nne`ed- through- outtet structures with appropriate rip rap and erosional/sedimentation controls in placer. S-eccmd-ty; the maintenance garage operations will be located within the proposed structure. All maintenance operations regarding p g- g recycling waste products/oils of the vehicles will be performed to state buftn-g--codes-� and MPGA_ ions. Thank- you -.for -the opportunity you. hav&given La. tG present t this proposal- you. a p We look forward to working with the City of Maplewood on this facility. � . If you have any qtr-estions- pl-easa- dorr`t- Kesitate to call',, Jg-sg Orte. N+ssan-jet11 use- mit Sincerely, crack Grotkin Vice President 29 Attachment 15 WALL SYSroA C2SOUTH ELEVATION A4 SCALE 1/e - 1--U- 11 -RAY IE WOW NG GLASS New South Elevation 30 Attachment 16 MEMO To: Shann Finwall Associate Planner From: Lieutenant John Banick-l"'ri Subject: PROJECT REVIEW -Kline Nissan Car Dealership Date: April 25, 2002 I have reviewed the attached project proposal. It should be noted that I am extremely concern about the design and location of the parking lots in this proposal. I believe that the location of this development within our City, the design /layout of the parking lots, and proximity to a major freeway will promote vehicle theft and theft from vehicle calls.. Currently, our automobile dealerships generate a fair amount of police activity for our department. However, it is not only the increase in calls for service that concerns me. It is also the inability to effectively police this proposed location. The parking lot areas in this proposal would also be hidden from normal traffic on Highway 61. Therefore, removing citizens as an effective crime prevention tool. I showed these plans to a veteran police sergeant, police officer, and dispatcher who have many years of law enforcement experience. They all concurred that this location and design encouraged criminal activity., The plan seems to include an excellent lighting plan that should help to reduce the amount of criminal activity, however, based on the above concerns I recommend that this design be denied. cc: Chief Winger Deputy Chief Thomalla Lieutenant Rabbett 31 Attachment 17 - Kline Nissan — Engineering Plan Review Maplewood Engineering Department Chris Cavett, April 29, 2002 Storm Water Management/ Storm Water Treatment: Summary: The storm water management plan is very similar to the system at the nearby Volvo dealer. The system is designed as an innovative system of "hidden" subsurface storage and infiltration basins. The applicant has worked extensively with the watershed in the development of the storm water management system. In fact this is an example of alternatives that fully developed sites can use in the future. The concepts and intent of the storm water management design are good and because the applicant has worked closely with the watershed, we do not intend to comment or review the plan in extensive detail. Below are the requirements the City of Maplewood has: 1. Applicant shall submit runoff calculations to the Maplewood Engineering department before final approval of the site plan. 2. The applicant, their contractor and their engineer shall ensure that the erosion and sediment control practices are being strictly used and maintained during construction as failure to do so will risk the integrity of the design and the applicant's investment in this type of system. 3. Applicant shall submit an "Annual" maintenance record of the system, as part of their annual CIP review process. The "Trap" catch basins and manholes will require regular cleaning and sediment removal to maintain the integrity of the drainage system. Again failure to properly maintain the system will jeopardize the integrity of the design and applicant's investment in this type of system. Grading and Erosion Control : Summary: There is grading being proposed within the required wetland buffer, (as defined by ordinance). It is left up to opinion whether the intent of the wetland buffer is being met. From an engineering standpoint, a variance to the buffer requirement is justifiable, but to what extent is the question to be answered. The drainage system design as proposed will have less impact on the wetland than a conventional drainage design. A properly restored native upland buffer should be planted in the remaining buffer area. 1. The applicant shall submit a detailed "Native" landscaping plan for all areas within the wetland buffer area. The plan shall be approved by the Ramsey -Washington Metro Watershed District. All buffer work shall be completed within 14 -days of final 32 f grading. Final grading shall not be approved by the city until all buffer planting and landscaping work is completed and approved by the watershed. Utilities 1. Coordinate all water main work with the St. Paul Regional Water Services. 2. obtain permit from the Metropolitan Council of Environmental Services for sewer service connection to the existing MCES Interceptor. The City of Maplewood also requires a sewer service permit. The City of Maplewood permit will not be issued until the applicant has obtained a permit from MCES . Driveways and Streets 1. The applicant will be required to obtain an approval and an access permit from Mn/DOT. 33 Attachment 18 VARIANCE RESOLUTION WHEREAS, Rick Kline, of Kline Auto World, applied for a variance from the zoning ordinance. WHEREAS, this variance applies to properties at 3090 and 3110 Maplewood Drive. The property identification numbers are 03-29-22-22-0002 and 03-29-22-22-0003. The legal description is: Tract "A", Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north Fine of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. WHEREAS, Section 36-196(h)(3) of the wetland protection ordinance requires a 100 -foot - wide wetland buffer. WHEREAS, the applicant proposed a 75 -foot -wide wetland buffer. WHEREAS, the city council approved a wetland buffer variance ranging from a 50 -foot -wide buffer on the northeast side of the property to a 75 -foot -wide buffer on the south and southeast sides of the site. WHEREAS, the history of this variance is as follows: 1. On May 6, 2002, the planning commission recommended that the city council approve this variance. 2. The city council held a public hearing on May 28, 2002. City staff published a notice in the Maplewood Review and sent . notices to the surrounding property owners as required bylaw. The council gave everyone at the hearing an opportunity 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 variance for the following reasons: 1. Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 100 -foot -wide wetland buffer requirement would make development of this site difficult. 2. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve a portion of the wetland buffer substantially over its present state and will treat storm water from the site with a subsurface storm water infiltration. system. 34 3. The city council previously approved similar wetland buffer variances for three developments near this proposal. Approval is subject to the applicant doing the following: 1. Dedicating a 50 -foot -wide wetland protection buffer easement along the northeast lot line and a 25 -foot -wide wetland protection buffer easement along the remaining wetland edge. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a building permit. 2. Submitting a revised grading plan showing compliance with the required wetland dedications. The grading plan shall include grading to within 10 feet of the wetland edge on the side where the 50 -foot -wide wetland buffer is required, with restoration of the remaining 40 feet of wetland buffer. consisting of native plantings to be approved by staff and the watershed district (see landscape requirement below). 3. Submitting a revised landscape plan for the restoration of 40 feet of the wetland - protection buffer on the northeast side of the site and for the 25 -foot -wide buffer in the other wetland buffer areas. This plan shall be subject to staff and watershed district approval. Underground irrigation is required for all landscaped areas, excluding the wetland protection buffer. 4. Installing city approved signs at the edge of the wetland -protection buffer which prohibit any building, mowing, cutting, filling or dumping within the buffer. 5. Submitting a signed maintenance agreement to the Ramsey/Washington Metro Watershed District and the city for maintenance of the subsurface storm water infiltration system that accepts responsibility for any necessary maintenance and upkeep of the system. The Maplewood City Council adopted this resolution on 35 Attachment 19 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Rick Kline, of Kline Auto World, applied for a conditional use permit for a motor vehicle maintenance garage as part of a new Nissan dealership; WHEREAS, this permit applies to properties at 3090 and 3110 Maplewood Drive. The property identification numbers are 03-29-22-22-0002 and 03-29-22-22-0003. The legal description is: ,Tract "A", Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. WHEREAS, the history of this, conditional use permit is as follows: 1. On May 6, 2002, the planning commission recommended that the city council approve this permit. .2. On May 28, 2002, 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 approved the above-described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 36 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. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The applicant shall not load or unload vehicles on public right-of-way. 4. Cars can only be parked on designated paved surfaces. 5. The city council shall review this permit in one year. The Maplewood City Council adopted this resolution on 37 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MAY 69 2002 c. Kline Nissan Vehicle Dealership — 3100 Maplewood Drive Ms. Finwall said Rick Kline, of Kline Auto World, is proposing to build a 25,502 square -foot, two- story Nissan dealership with a 16 -bay automobile maintenance garage. The dealership will be constructed at 3090 and 3110 Maplewood Drive, which is located at the southeast corner of County Road D and Maplewood Drive (.Highway 61). The site is zoned M-1, Light Manufacturing, and currently contains two vacant single-family homes. The applicant is requesting that the city council approve: 1. A 75 -foot wetland buffer variance. The Ramsey/Washington Metro Watershed District has classified the wetland on the site as a Class 1 wetland. City code requires a 100 - foot -wide buffer along Class 1 wetlands. The applicant is proposing a 25 -foot -wide buffer. 2. A conditional use permit (CUP) for a maintenance garage. The sale of new and used vehicles is permitted. City code requires a CUP for service and maintenance garages. 3. The design plans (architectural, site, landscape, and lighting plans). (This will be reviewed by the Community Design Review Board on May 14, 2002). The wetland on the proposed Nissan site, which is a Class 1 wetland, has characteristics and functions that are most susceptible to human impacts; they are the most unique type of wetland and have the highest community resource significance. The 100 -foot wetland buffer is required to help protect the wetland from human impact. According to Karl Hammers of the Ramsey -Washington Metro Watershed District, grading and filling have degraded the buffer surrounding parts of the wetland. In addition, some of the buffer has been overrun by green ash and buckthorn. Rob Langer, also of the Ramsey -Washington Metro Watershed District, stated that even though some of the buffer has been degraded, the wetland is a high quality Class 1 wetland, particularly the flood plain wetland to the east of the property. It is beneficial to maintain as much of a surrounding buffer as possible. The applicant proposes to grade up to the wetland edge and to reestablish an "improved" 25 -foot - wide wetland buffer. He would construct the parking lot 25 feet from the wetland's edge. The applicant is working with Sunde Engineering to design and install a subsurface storm water infiltration system that will help treat the water prior to being deposited into the wetland. This type of system was also installed at the Volvo dealership located to the south of the Nissan site. On April 4, 2002, the Ramsey/Washington Metro Watershed District approved the wetland buffer variance. The Watershed District approved the applicant's plan to remove the entire buffer and to provide an improved 25 -foot -wide buffer with. reestablished native vegetation after the infiltration system is installed. Planning Commission -2- Minutes 2- Minutes of 05-06-02 Regarding compliance with the state law findings for variance approval, staff does not feel that the wetlands pose a sufficient hardship to warrant the 75 -foot variance requested. They feel that a lesser variance is justified. Staff has shown on page 24 how much land would lie within a 100 - foot and a 50 -foot buffer as well as the proposed 25 -foot buffer. Clearly, with no variance, a 100 - foot buffer would render over half of the site unusable. The 50 -foot buffer, however, would allow considerably more land area to be used by the applicant. With the 50 -foot buffer alternative, the major impact on parking loss would occur along the northeast side of the site where there are 34 spaces proposed. Staff feels that preserving more of the natural wetland buffer along this side of the property would be a suitable compromise. It would be the least disruptive to the site plan while preserving considerably more of the natural buffer. Mr. Hammers, of the Watershed District, stated that if the city requires a 50 -foot -wide buffer, it would be beneficial to grade within 10 feet of the wetland and reestablish 40 feet of the buffer with native plantings. He said that the additional improved buffer would help protect the wetland. Staff does not find as much of a problem with the proposed 25 -foot buffer on the other sides. Allowing the proposed 25 -foot buffer on the east and south would preserve much of the applicant's site plan and cause the least disruption to his parking and traffic patterns as proposed. With this alternative of requiring a 50 -foot -wide buffer on the northeast side, the applicant would be left with 235 parking spaces. For comparison, this would be 59 more than Lexus of Maplewood (they have 176 spaces) and 147 more than Kline Volvo (they have 88 spaces). The council granted 75 -foot buffer variances. for the neighboring auto dealerships. It does not seem warranted, however, to grant such a large variance again just because the city has done so before. Variances should be approved based on the circumstances of each individual request and circumstances. In this case, staff agrees that a variance is justified, but not the size requested. With a 50 -foot buffer on the northeasterly side, we will achieve a suitable balance between determining a "reasonable use of the property" and code compliance. The city's parking ordinance does not clearly define the special parking requirements for an automobile dealership, i.e., parking spaces for automobile inventory. However, using the ratio for 1 space for each 200 square feet of office/showroom, 1 space for every 1,000 square feet of parts storage, 3 spaces for each service bay, and 1 space per employee, the Nissan site is required to have 131 parking spaces. The applicant proposes 269 parking spaces. The proposed building will have a front exterior of flat metal panel wall systems, corrugated metal panels, and anodized aluminum frames with insulated glass. The sides and rear exteriors will be rock -face concrete block and EIFS (exterior insulation finish system — a stucco -look material). The front and the south side of the building will be visible from Highway 61. The south side of the building has a large expanse of rock -face concrete block, giving the appearance of a very large and plain wall. For this reason, staff recommends that design elements found on the front of the building also be implemented onto the south side, including the extension of the flat metal panel wall systems with decorative corrugated metal panels. Much of the north elevation is already treated decoratively. Unloading on public right-of-way has been a recurring problem with auto dealerships along Highway 61. Unloading on Highway 61 or County Road D is not allowed and should be prohibited by a condition of the CUP. Planning Commission -3- Minutes 3- Minutes of 05-06-02 The applicant should install a right -turn lane from Highway 61 as required for the Volvo and Lexus dealerships. This lane should be subject to MnDOT's approval. Commissioner Ledvina said the plans show a delineation of the wetland but he did not find anything that described who had completed the delineation and when it was done. Ms. Finwall said Sunde Engineering conducted the wetland delineation as well as the Watershed District confirming the engineering firm's delineation. Commissioner Ledvina asked if it is indicated on Sunde's site plan dated August of 2001? Ms. Finwall said she would have to verify that information. Commissioner Ledvina asked staff if they had any information on the fluctuation of the water level in the pond adjacent to the wetland? It appears that it is 871 feet but it is hard to tell in terms of what the existing water level is. The reason for his question is he is concerned about the effect of ground water on the seepage design for the storm water plan. Chuck Ahl, city engineer, said based on the information on this plan, staff has relied on the Watershed District for a lot of the technical expertise. Mr. Ledvina brings up a point with infiltration types of devices. Staffs review, in coordination with the Watershed District, indicated that the water levels in this area are at 871 feet. However, if you look at the overall specifics of the infiltration types of devices, they are extremely wide at points up to 20 -feet wide and only 5 feet of depth. The bottom being down at 876 feet so staff is talking about some shallow area infiltration devices that will be using probably only 3 or 4 feet in there but with the extra width the infiltration will occur. Commissioner Ledvina said looking at the drawings he sees 869.5 feet as the base elevation of the infiltration zones and they are 4Y2 feet by 20 feet as indicated. Mr. AN said one of the conditions of the Watershed District as well was that the bottom elevation of the infiltration trench should be no lower than two feet above the water level of nearby wetlands. Staff feels the extra width and the extensive length of those infiltration trenches creates a very solidly engineered plan and it is reasonable to assume it will function well. Chairperson Rossbach asked what were the wetland buffers before -the current buffers were put in place? Mr. Roberts said he believed either 10 or 20 feet. Commissioner Ledvina said in the engineering memorandum on page 28 of the staff report there is reference to the Lexus Dealership. He thinks it should be the Volvo Dealership with the similar type of infiltration system. Is this correct? Ms. Finwall said correct, the Volvo Dealership has the infiltration system. Planning Commission -4- Minutes 4- Minutes of 05-06-02 Jeff Stearns, who is the Vice President and C. E.O. of Kline Volvo and resides at 2052 Boulder Road in Chanhassen, addressed the commission. Four years ago when he came to Maplewood to build the Volvo dealership, they dealt with the setbacks and the parking issues of the dealership, so he is familiar with how the process works. Everything is fine with him except for the recommended increased setbacks. He has lived up to. his word over the last four years by putting in an award winning infiltration system in the Volvo building. He is concerned as the commission is about the wetlands. He is also concerned about some issues that came up four years ago. One is the size of the dealership and how they were operating back then, i.e. parking on the grass. Mr. Stearns said they have now improved on the parking situation. They have had one violation that was only a warning and they have not had a violation on the parking for the past four years. He would like to mention that the current facility is on the same acreage that he is moving this dealership to. For the amount of money he spent for that property he needs every bit of square footage that he can get. As far as the setbacks, another issue that came up a few years ago is unloading cars off the trucks and keeping them off of Highway 61. He is just as upset about the unloading of vehicles as everyone else because he lives and breathes next to Lexus and he knows what congestion that can cause when those trucks unload there. Number one, they go flying by his dealership and don't stop. The way the current plans of the new building are they need those setbacks to be at 25 feet to the wetland because those trucks are going to come in on the front side. They have set it up so the trucks can pull around so they would never have to unload on Highway 61. Part of the issue for him at this meeting is the setback issue. As far as the other issues with the car dealership, he has gotten Nissan to approve two beautiful entryways into the facility. One will face Highway 61 and there will be another one that will face Highway 694 or County Road D. With a car dealership, display is very important and that gets him back to the setbacks. The frontage of the building will be off of Highway 61 and County Road D and the setback is very concerning to him. Mr. Stearns said he noticed that the Watershed District approved the 25 -foot setback. They are the experts so he is going by what they said, no offense to staff. He knows there has been some comparison with the Lexus dealership and with Volvo as far as the size of the building. It is a two- story building so that does add square footage, but Nissan is a higher volume franchise than Lexus or Volvo. They sell twice as many Nissan cars as those two dealerships. He wishes he could afford all the property that the Toyota dealership has. He wants to live up to his promise that he gave four years ago. He does not want to park cars on the grass, he wants to be a good neighbor so he just asks that the commission take a look at the setback. He agrees with Ms. Finwall with the appearance of the south side of the building. He has discussed possibly putting windows on that side of the building above the service area. This would'bring more light into the service area and it would be a better working environment for the techs inside. Commissioner Ledvina asked Mr. Stearns if they have had any issues with maintaining the storm water management system at the Volvo dealership? He is interested in how that has worked out. Mr. Stearns said the system has worked fabulous. The requirements that were made by the city to have the dealership maintain and clean the system have worked out fine. They have been checked once and it has been cleaned twice. It is an award winning system and a number of other cities have looked at this system. It is fabulous at protecting the wetlands and the property. Planning Commission -5- Minutes 5- Minutes of 05-06-02 Commissioner Dierich asked staff if they could comment on Lieutenant Banick's report? Ms. Finwall said Lieutenant Banick had some concerns about the design of the parking lot. He believes that the location of this development and the proximity to the freeway will promote vehicle theft. The automobile dealerships generate a fair amount of police activity for the police department. Commissioner Dierich asked if staff made any changes or suggestions with this plan based on his report? Ms. Finwall said staff did not require any changes. The memo is intended to inform the planning commission of the police concerns. Commissioner Dierich said she wanted to thank the staff for the excellent job they did on this report. To date it is the most complete and thorough job she has seen on a planning commission report. Commissioner Ledvina stated he has strong concerns about the wetland delineation. In his experience he has found that wetland delineations usually follow contours, this map shows a wetland elevation as high as 876 feet in the southwest corner of the project. On the northeast side of the site it shows an elevation that is 871 feet and is not delineated as a wetland. He is having a hard time understanding how this was delineated in this way. He understands that the process also involves determination of vegetation and that is a significant element. He would suggest that a major part of the eastern part of the site, essentially the wetland delineation, is the property line. From what he sees, the wetland goes well into the property g alon the east side. He is having a hard time rectifying what he sees on the ground and the map and what he sees as the edge of the delineated wetland. He says he will be skeptical until he can see a professional report that shows him the level of expertise that was involved in it. Jack Grotkin, Vice President of RJ Ryan Construction at 1100 Mendota Heights Road in Mendota Heights, addressed the commission. Mr. Grotkin said the actual delineation was performed by Advanced Soils and Engineering. The survey is done after the delineation is marked and is done by a soils company along with a geologist. They go out and look at the soils and grasses and not just the elevations. Once a registered engineer marks them, the flags are put onto the survey, which was done by Sunde Engineering. It is actually two different companies that performed the wetland delineation and his company has the report. Chairperson Rossbach asked staff what the Watershed District does? Mr. AN said the Watershed District's role in the city's area is to review and monitor those reports. They send technicians out. Because of the quality of the wetland they will confirm that and take spot checks. Rather than have a duplicate service, city staff relies on the Watershed District for that wetland analysis. The city does not have that type of expertise on staff. Mr. AN said the Watershed District has hydrologists on staff and they do delineations. They enforce the wetland conservation act laws, which govern wetlands in our area. In this case the city is relying on their expertise to say this is the edge of the delineated wetland and that this buffer is appropriate. Planning Commission -6- Minutes 6- Minutes of 05-06-02 Chairperson Rossbach asked staff if this is something that has already happened or it would happen after this gets approved? Mr. Ahl said staffs understanding is that they have issued preliminary approval of this site plan pg p pending the .s ecial conditions that are in the watershed district permit. They include the confirmation of the delineation and he assumes that report is currently being reviewed. at the Watershed District. Chairperson Rossbach asked staff what happens when they go out to do their final delineation and they determine it is different than the plan submitted. Do we then bump our buffer to follow whatever they have determined to be the new delineated wetland? Mr. Roberts said if the Watershed District makes a determination that they do not agree with the wetland as delineated by the applicant/staff, they would require a change to the setback. If it shifts five or ten feet and the city requires a 25 -foot buffer, the 25 -foot buffer will have to remain, whether it shifts one way or the other. Commissioner Ledvina said he thinks knowing that it was recently surveyed as of last fall helps him. It also helps that there is a correction process if indeed there is a disagreement on the actual placement of the wetland line. Chairperson Rossbach said that Mr. Stearns commented earlier when the two of them were talking before the meeting that he recognized Mr. Rossbach from four years ago. What he may or may not remember is that Mr. Rossbach was not happy with the proposal back then. He voted against it because he felt the city would be giving away too much of the wetland buffer. There has been a lot of discussion with staff and the commission since then having to do with the buffers. The commission will be glad when they get done with this stretch of Highway 61 because of the wetland buffer decisions. For the record, he commented that he has no problem with staffs recommendation. He is going to vote for it, but he would not be in favor of reducing the buffer for this project. He still feels very strongly that the city needs to do as much as possible to protect the wetlands. He has modified his opinion over the years in accepting more of the Watershed District's thoughts that there is not a very good buffer there now and the city will get a better buffer out of the deal. The wetland to the north is the highest class of wetlands and he is not willing to allow any more of a buffer area be removed than they have to. Chairperson Rossbach unofficially moved that the city council adopt the wetland buffer setback variance resolution on pages 31 and 32 of the staff report, approving a 50 -foot wetland buffer variance along the northeast property line and a 75 -foot wetland buffer variance along the southeast and south sides of the property for the proposed Nissan dealership at 3090 and 3110 Maplewood Drive. Approval is based on the following findings: a. Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 100 -foot -wide wetland buffer requirement would make development of this site difficult. Planning Commission -7- Minutes 7- Minutes of 05-06-02 b. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve a portion of the wetland buffer substantially over its present state and will treat storm water from the site with a subsurface storm water infiltration system. C. The city council previously approved similar wetland buffer variances for three developments near this proposal. Approval is subject to the applicant doing the following: a. Dedicating a 50 -foot wetland protection buffer easement along the northeast lot line and a 25 -foot wetland protection buffer easement along the remaining wetland edge. This easement shall be- prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a building permit. b. Submitting a revised grading plan showing compliance with the required wetland dedications. The grading plan shall include grading to within 10 feet of the wetland edge _ on the side where the 50 -foot buffer is required, with restoration of the remaining 40 feet of wetland buffer consisting of native plantings to be approved by staff and the watershed district. C. Submitting a revised landscape plan for the restoration of 40 feet of the wetland - protection buffer on the northeast side of the site and for the 25 -foot buffer in the other wetland buffer areas. This plan shall be subject to staff and watershed district approval. Underground irrigation is required for all landscaped areas, excluding the wetland protection buffer. d. Installing signs at the edge of the -wetland -protection buffer which prohibit any building, mowing, Gutting, filling or dumping within the buffer. e. Submitting a signed maintenance agreement to the Ramsey/Washington Metro Watershed District and the city for maintenance of the subsurface storm water infiltration system that accepts responsibility for any necessary maintenance and upkeep of the system. Chairperson Rossbach unofficially moved that the city council adopt the resolution on pages 33 and 34 of the staff report, approving a conditional use permit for a maintenance garage at the proposed Kline dealership at 3090 and 3110 Maplewood Drive. Approval is based on the findings required by the code and subject to the following conditions: a. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. b. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. Planning Commission -8- Minutes of 05-06-02 C. The applicant shall not load or unload vehicles on public right-of-way. d. Cars can only be parked on designated paved surfaces. e. The city council shall review this permit in one year. Commissioner Dierich unofficially seconded. Ayes — Dierich, Monahan-Junek, Rossbach Nays — Ledvina Commissioner Ledvina said the reason he voted -nay is that he has a concern about the wetland delineation. That could be alleviated by more information, but at this point he can't vote for it. He feels that this is the highest quality wetland that the city has and the city has to do whatever they can to protect it. The site plan actually shows activities within the buffer, like the displaying of cars. Although he realizes that staff would prevent the applicant from building those display areas in the buffer area. Commissioner Ledvina said he recognizes that the Watershed District has placed a condition on the construction of Ihe features but he does not know what happens to the site plan if they have to increase the elevation by two feet perhaps to maintain the separation between the ground water and the base of those seepage structures. He would commend the applicant for going the extra mile and making the proposal for the infiltration system, and he thinks it is very appropriate that they do so. More information is necessary for him to make a more informed decision in this regard. Chairperson Rossbach said this is an unofficial vote and this is strictly for information for the city council. They will make the decision at their meeting on Tuesday, May 28, 2002. MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 149 2002 VI. DESIGN REVIEW a. Kline Nissan Automobile Dealership — 3090 and 3110 Maplewood Drive Ms. Finwall said Rick Kline, of Kline Auto World, is proposing to build a 25,502 -square - foot, two-story Nissan dealership with a 16 -bay automobile maintenance garage. The dealership will be constructed at 3090 and 3110 Maplewood Drive (Highway 61). This site is zoned M-1, Light Manufacturing, and currently contains two vacant single-family homes. The applicant is requesting that the city council approve: 1. A 75 -foot -wide wetland buffer variance. The Ramsey/Washington Metro Watershed District has classified the wetland on the site as a Class 1 wetland. City code requires a 100 -foot -wide wetland buffer along Class 1 wetlands. The applicant is proposing a 25 -foot -wide wetland buffer. 2. A conditional use permit (CUP) for a maintenance garage.. The sale of new and used vehicles is permitted. City code requires a CUP for service and maintenance garages. 3. Design review (architectural, site, landscape, and lighting plans). The applicant proposes to grade up to the wetland edge and to reestablish an "improved" 25 -foot -wide buffer. The parking lot will be constructed 25 feet from the wetland's edge. The applicant is working with Sunde Engineering to design and install a subsurface storm water infiltration system that will help treat the water prior to being deposited into the wetland. This type of system was also installed at the Volvo dealership located to the south of the Nissan site. On April 4, 2002, the Ramsey/Washington Metro Watershed District approved the Kline Nissan dealership proposal. The watershed district requires only a 75 -foot -wide wetland buffer for Class 1 wetlands, as opposed to the city's required 100 -foot -wide buffer. Therefore, the watershed district approved a 50 -foot -wide wetland buffer variance that allows the applicant to remove the entire buffer and to provide an "improved" 25 -foot -wide -buffer with reestablished native vegetation once the subsurface storm water infiltration system is installed. After much debate, staff had determined that preserving more of the natural wetland buffer along the northeast side of . the property would be a suitable compromise, Community Design Review Board 2 Minutes 5-14-2002 especially since the watershed district indicated that the flood plain wetland to the east is particularly sensitive. allowing the proposed 25 -foot -wide wetland buffer on the east and Ms. Finwall said a g p p south would preserve much of theapplicant's site plan and cause the least disruption to . thearking and traffic patterns as proposed. p . R.J. Ryan Construction submitted a new site plan for review after the planning p commission meeting. new The site Ian shows the 50 -foot -wide wetland buffer setback p on the northeast side of property. perty . With this alternative, the applicant would lose 29 parking spaces from originally their ori inall submitted site plan, for a total of 240. For would be 64 more parking spaces than .the Kline Volvo dealership, comparison, this wo p g (they have 88 spaces). The newt submitted site plan meets the recommendations of staff and the planning commission. However, Mr. Stearns, the Vice President and C.E.O. of Kline Volvo has not approved of the change to Kline Nissan's proposal. the planning commission recommended approval -of Nissan's On. May 6, 2002, p g proposed conditional permit ermit and wetland buffer variance with the condition that Nissan maintain a 50 -foot -wide wetland buffer along the northeast portion of the site as recommended by staff. g At the meeting, Mr. Stearns, indicated that he agreed with all of staffs recommendations except the 50 -foot -wide wetland buffer setback on the northeast side of the site. He indicated that the site was very expensive and because of this they would need every square foot of land they would get. The city's parking ordinanceY does not clear) define the special parking requirements for an automobile dealership,iparking spaces for automobile inventory. However, p 9 using the ratio of 1 s q ace for each 200 square feet of office/showroom, 1 space for p square feet of arts storage, 3 spaces for each service bay, and 1 space every 1,000 sq p g e Nissan site is re uired to have 131 parking spaces. The applicants, per employee, th q n shows 269 parking spaces and the newly submitted site plan shows original site plan p g p 240 parking spaces. The proposed buildingwill have a front exterior of flat metal panel wall systems, corrugatedmetal panels, and anodized aluminum frames with insulated glass. The sides and rear exterior will be rock -face concrete block and EIFS (exterior insulation finish system — a stucco -look material). The front and south side of the buildingwill be visible from Highway 61. The south side a of the building has large expanse of rock -face concrete block, giving the appearance g of a very large plain wall. For this reason, staff recommends that design elements of the building also be implemented onto the south side, including the found on the front o g p extension of theflat panel anel wallsY stems with decorative corrugated metal panels. . Much of the north elevation is already treated decoratively. 2 planning commission meeting, R.J. Ryan Construction submitted After the May 6, 200 , p g a new south elevag tion showin five small square windows along the top porti on of the , Community Design Review Board 3 Minutes 5-14-2002 elevation. This proposal was submitted due to staffs concerns over the large rock -face p concrete block wall that will be visible from Highway 61. Installing five small windows breaks up the wall only slightly. Therefore, staff further recommends that additional design elements be implemented on the south side. 's tree reservation ordinance requires that all quality trees that have a trunk The .city p . . r of at least 8 inches be removed from the site, be restored one for one up to 10 diameter r acre. The site has 18 large trees, 14 of which will be removed. Therefore, the trees per g ant is only required to plant 14 trees on the site. The proposed landscape plan applicant y q p shows a total of 35 trees on the site, exceeding the tree preservation requirements. The applicant has not provided a turf restoration plan for the wetland buffer. This plan should be submitted to the city and the watershed district prior to issuance of a building permit. The lighting plan meets city requirements and includes 24 parking lot pole lights (25 feet high) and 4 wall -pack lights. The maximum light intensity at the property line is .4 -foot candles. There a display p re six vehicle dis spaces proposed. la ads shown on the site plan in addition to the 269 to 240 parking p p p osed. Two of the display pads are shown constructed within the requested 25 -foot -wide wetland buffer on the south side of the lot. A new site plan should be submitted which shows that the vehicle display pads do not encroach into the wetland buffer. said the the wetland variance re Chairperson Ledvina s resents a land use issue and is p p not reallyu for discussion at this meeting. That land use issue was discussed at the May , planning 6 2002 lannin commission meeting. He suggested that board members focus on the design elements. Board member Olson asked staff about the letter from Lieutenant Banick recommending this proposal be denied. She asked if staff has spoken with the Maplewood Police p Department? Ms. Finwall said the police department has concerns because the proposed dealership is being constructed with the building towards the front of the properly and most of the parking in the back. Their concern is that there will be automobile vandalism. It should be noted that the lighting at Kline Nissan appears to be adequate and the dealership does not express the same concern. The police department has these same concerns at the other dealerships in the city. It is an ongoing problem. Board member Olson said this relates more to the fact that the city does not have enough police officers, is that correct? Ms. Finwall said that could be part of the problem. Community Design Review Board 4 Minutes 5-14-2002 Board' member Shankar asked if in addition to the two display units staff was mentioning, some on -grade parking would also be within the wetland easement that would have to be taken out? Ms. Finwall asked if Mr. Shankar was referring to the south portion of the parking lot? Mr. Shankar said yes. Ms. Finwall said it does not appear that any of the parking encroaches into the 25 -foot setback. Chairperson Ledvina said to clarify there will be two wetland setbacks on this property. A 50 -foot setback on the northeast property line and all other areas on the south would be a 25 -foot setback. Ms. Finwall said that is correct as proposed by staff and recommended by planning commission. Chairperson. Ledvina asked staff if there are dedicated parking stalls for customer parking? He knows the board has had issues with this with other car dealerships. Basically customers don't have enough room to park and the inventory takes all the parking stalls up. Is there any type of requirement or designation on the site plan that would help the board with this? Ms. Finwall said currently the applicant does not designate a specific number of customer parking stalls? Chairperson Ledvina asked what the staffs opinion is in this regard? Ms. Finwall said this has been a problem with other. dealerships. The inventory was such that it left little customer parking. However, the applicant is proposing 269 parking spaces. It was a requirement for Maplewood Toyota that they assign several of their spaces as customer parking only. If the board would like to add that as a condition that the applicant assign several parking spaces as customer parking only that would make sense. Chairperson Ledvina asked staff what the appropriate number of customer parking spaces are? Ms. Finwall said the city ordinance does not clearly, define that so the staff would probably leavethat up to the applicant to decide what their customer load would be. Chairperson Ledvina said perhaps the applicant may have some information on that. Chairperson Ledvina said it was unclear in the staff report whether the canopy shown on page 19 is part of the proposal. Community Design Review Board 5 Minutes 5-14-2002 Ms. Finwall said that was notP art of the proposal. She thought the design element elevations would give board members an idea of what the building would look like but that canopy is not part of this proposal. Chairperson Ledvina asked the applicant to address, the board. Mr. Jack Grotkin, the Vice President of R.J. ' Ryan Construction, Inc., addressed the commission. Mr. Grotkin said he does not have any color renderings but he does have some finish material sheets that were provided by Nissan from their, factory prototype. The entryway is going to have a red ACM material on it that is a fiberglass smooth panel. The glass framing will be silver with a clear glass in it. The metal panels are a gray material. The corrugated metal and louvers will match and are just there for an accent. The EIFS and rock -face block will be painted in a coordinating gray color to match. Chairperson Ledvina asked if these metal panels are flat or gloss finish? Mr. Grotkin said the metal panels are flat and look like brushed aluminum and come directly from Nissan. Board member Olson asked if the color scheme is primarily gray and silver with touches of red? Mr. Grotkin said correct. Chairperson Ledvina asked if the metal panels are painted? Mr. Grotkin said no they are pre -finished metal and are maintenance free. Chairperson Ledvina asked if Mr. Grotkin could address the issue of providing customer parking spaces? Mr. Grotkin said they don't show any customer parking on this site plan. They did address customer parking on the Kline Volvo dealership. For that dealership they used the parking in the front for customer parking. He said there are 12 parking stalls in front of the building that he would propose as customer parking. Chairperson Ledvina asked if that would be sufficient? Mr. Grotkin said he thinks it would be sufficient. He will leave it up to Mr. Kline if more customer parking stalls should be designated or not. Chairperson Ledvina asked if the applicant has any concerns regarding the staff report recommendations? Mr. Grotkin said other than the 50 -foot wetland setback recommendation he doesn't have any concerns. Community Design n Review Board 6 Minutes 5-14-2002 Chairperson Ledvina asked the applicant what he would propose to do to modify the south elevation to reduce the visual impact of that large wall associated with the service area. Mr. Grotkin said he had proposed putting the windows on that elevation from the pg tannin commission meeting recommendation. 'They could also run a band of single score block across the wall above or below the windows to break up the rock face block wall. He said he would ask the architect about that. Board member Shankar asked about the drainage off the roof. Mr. Grotkin said the building will have interior roof drains. and there are overflow scuppers. Board member Olson asked the applicant how they are going to resolve having the car ads extend into the wetland area? p . Mr. Grotkin said they will either reduce the size of the car pads or eliminate them entirely. The oblong car pad will be reduced and the round car pad will probably be eliminated completely. Board member Shankar said he assumes the cars will be delivered on trucks. How will the trucks get in and out of the site? Mr. Grotkin said the trucks can either come off Highway 61 and exit onto County Road D or enter onto County Road D and exit back onto Highway 61. Part of the concern with reducing the setback from 25 feet to 50 feet is it tightens that up. It will still work but it would have been nice to have a 25 -foot wetland setback throughout site. Board member Shankar asked the applicant if he thought there would be enough room to have a semi truck go into the site and unload cars? Mr. Grotkin said yes there is enough room and they are aware that there will be no removing of cars on the highway. 1 Board member Olson said she is curious about the landscape plan. Mr. Grotkin said they have done a tree mitigation report and they have hired a forester to make a plan and follow the guidelines. They are removing quite a few trees from this site but they will be planting new trees. Board member Olson asked if there will be dedicated vegetation along the wetland area? Community Design Review Board 7 Minutes 5-14-2002 Mr. Grotkin said it will be similar to the Volvo dealership next door with native plantings in the buffer and an award winning drainage a system installed in the parking lot. Chairperson Ledvina said the major concern for the CDRB is the large expansion of concrete block on the south elevation. The applicant has made some effort by incorporating some small windows into that wall. There may be. some further p 9 modifications board members may require. Chairperson Ledvina and board member Shankar discussed various ideas for the south elevation of the building to include smooth bands on the large expansion. Board member Olson asked if final approval of the revised south elevation could be done with staff approval? It was determined that a smooth band should be added to align with the windows. The banding should be approved by the staff prior to issuance of a building permit. Board member Shankar moved to approve the plans date-stamped March 5, March 20, April 22, and May 9, 2002, for the proposed Nissan dealership at 3090 and 3110 Maplewood Drive, based on the findings required by the code. Approval is subject to the following conditions: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Before getting a building permit, the applicant must submit to staff for approval the following: 1. Dedicating a 50 -foot -wide wetland protection buffer easement along the northeast lot line and a 25 -foot -wide wetland protection buffer easement along the remaining wetland edge. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit an building, mowing, cutting, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a building permit. 2. Submitting a revised grading plan showing compliance with the required wetland dedications. The grading plan shall include grading to within 10 feet of the wetland edge on the side where the 50 -foot -wide wetland buffer is required, with restoration of the remaining 40 feet of wetland buffer consisting of native plantings to be approved by staff and the watershed district. 3. Submitting a revised landscape plan for the restoration of 40 feet of the wetland -protection buffer on the northeast -side of the site and for the 25 - foot -wide buffer in the other wetland buffer areas. This plan shall be Community Design Review Board 8 Minutes 5-14-2002 subject to staff and watershed district approval. Underground irrigation is required for all landscaped areas, excluding the wetland protection buffer. 4. A revised site plan showing the following revisions: a) A 50 -foot setback for the parking lot from the wetland on the northeast side of the site. The revised site plan shall include the reconfiguration of the parking stalls and will ensure that no vehicle display pad encroaches into the required wetland buffer. b) A right -turn lane from Highway 61 into the site, subject to MnDOT's approval. c) A trash enclosure that matches the building in material. This enclosure shall not be placed in required parking spaces. It must have a 100 percent opaque closeable gate. If the trash dumpster is kept inside the building, an outdoor enclosure is not required. 5. Verification that all watershed district special provisions, as indicated on the watershed district permit, are met prior to issuance of a building or grading permit for the site. 6. A revised south building elevation showing a smooth faced band on the concrete block to align with the windows. The banding shall also align with the metal panels located on the side. This revision is subject to staff approval. 7. Combine the two parcels (3090 and 3110 Maplewood Drive) into one parcel with Ramsey County. Proof of lot combination must be submitted prior to issuance of a building permit. 8. Applicant shall submit to staff for review and approval a striped parking plan which designates customer only parking spaces within the site plan. C. The applicant shall complete the following before occupying the building: 1. Replace any property irons removed because of this construction. 2. Install a reflectorized stop sign at the exit and a handicap -parking sign for each handicap accessible parking space. 3. Construct a trash dumpster enclosure to meet code requirements, unless trash dumpsters are stored indoors. Community Design Review Board 9 Minutes 5-14-2002 4. Install an in -ground lawn irrigation system for the. parking lot islands and the sodded areas between the highway and the parking lot. Lawn irrigation in the right-of-way may be waived if MnDOT will not allow it. It is also waived in the wetland buffer area. 5. Post signs identifying the customer and employee parking spaces. 6. Install city approved wetland buffer signs at the edge of the wetland buffer easement that notifies that no building, mowing, cutting, filling or dumping is allowed within the buffer. d. If any required work is not done, the city may allow temporary occupancy if: 1 The city determines that the work is not essential to the public health, safety or welfare. 2 The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter or within six weeks if the building is occupied in the spring or summer. e. This approval does not include signage. All proposed signs must comply with the city's sign ordinance and the applicant must obtain all required sign permits prior to installation. f. All work shall follow the approved plans. The director of community development may approve minor changes. Board member Olson seconded. Ayes — Ledvina, Olson, Shankar The motion passed. This item goes to the city council on Tuesday, May 28, 2002. MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Beaver Lake Townhomes LOCATION: Maryland Avenue and Sterling Street DATE: April 16, 2002 Project Description Agenda_# H LL Action 6i► C'amxj ?ate ' ndora_ :_t Modified Rejected........ Mr. Tony Emmerich, representing the AJ E Companies, is proposing to develop a 148 -unit planned unit development (PUD) called Beaver Lake Townhomes. It would be on a 27 -acre site on the south side of Maryland Avenue, between Sterling Street and Lakewood Drive. (Please see the maps starting on page 28.) Requests To build this project, Mr. Emmerich is requesting several city approvals including: 1. A conditional use permit (CUP) for a planned unit development (PUD) fora 148 -unit housing development. The applicant is requesting the CUP because Section 36-566(a) of the city code , (the shoreland district regulations) requires a PUD for developments with buildings having more than four units when the site is in the shoreland district of a lake. In this case, the site is in the shoreland zone of Beaver Lake and would have a mix of housing with 40 single-family detached townhomes and 108 rental units in 11 8 -unit and 5 4 -unit buildings. In addition, having a PUD gives the city and developer a chanceto be more flexible with site design and development details (such as setbacks and street right-of-way and pavement widths) than the standard city requirements would normally allow. 2. Street right-of-way and easement vacations. These would be for the unused street right-of-ways and easements on the site. (See the map on page 34.) 3. A preliminary plat to create the lots in the development. (See the proposed site plan on page 35.) 4. The on -street or driveway parking standards and no on -street or driveway parking requirements for the development. 5. Authorization for city staff to spend city open space funds 'and to use a $150,000 DNR grant to buy about 8.9 acres of the project site for park and open space purposes. I also should note that the applicant has not yet applied for design approval. If the city approves the above -listed requests, then the applicant will apply to the city for final plat approval and design approval (including architectural and landscape plans). Please also refer to the developer's project plans for more information about these proposals. BACKGROUND On March 20, 1980, the city council approved- a preliminary plat, street vacation and a planned unit development (PUD) for this site called Beaver Lake Hills. This plan was for 46 4 -unit buildings (.184 units). See the plan on page 40. The preliminary plat approval was subject to eight conditions and the PUD approval was subject to nine conditions. On December 13, 1983, after several time extensions., the city's approval of the preliminary plat and PUD for the Beaver Lake Hills development expired. On February 27, 1984, the city council changed the zoning map for the property on the south side of Maryland Avenue between Lakewood Drive and Sterling Street. This change was from F (farm residence) to R-3 (multiple dwellings). On March 12, 2001, the city council held a public hearing to consider a development proposal by Mr. Emmerich for this site. This plan had 162 housing units in 42 detached town houses and 120 rental housing units in 15 8 -unit buildings. At this meeting, the applicant agreed to a time extension for city council action until May 14, 2001. This time extension was to allow the developer to possibly redesign the project and to have a meeting with the neighbors. (See the minutes on pages 41 and 42.) On May 14, 2001, the city council considered a revised proposal for this site. This plan had 148 housing units in 42 detached town houses and 106 rental housing units in 4 and. 8 -unit buildings. At this meeting, the city council ordered the hiring of an independent consultant to prepare an environmental assessment worksheet (EAW) for this proposal. They�ordered the EAW because of potential significant issues including traffic, effects on the creek bed, the size of the proposed buffer area and storm water ponding and run-off concerns. (See the minutes on pages 43 and 44.) On September 24, 2001, the city council received all comments and responses to the EAW and the proposed findings of fact for the proposed project. It is important to note that the EAW recommended that the developer make several changes to the project plans to make the project more sensitive to the existing environmental conditions on the property. (Refer to the minutes starting on page 45.) At this same meeting, the council also adopted resolution 01-09-91 about the Beaver Lake Townhomes PUD EAW. This resolution made a "finding of no significant impact" (FONSI) from the proposed project. The resolution also stated that the environmental review rules had been met and that the potential environmental effects were not considered significant enough to warrant the preparation of an environmental impact statement (EIS). DISCUSSION Environmental Assessment Worksheet (EAW) As i noted above, the city had an EAW prepared for this site in 2001. This study looked at the potential impacts that the proposal could have on environmentally important features of the site. These include the woodlands, ecologically sensitive resources (including the wetlands and the creek), state -listed (endangered, threatened or special concern) plant or animal species and storm water and water runoff. The EAW also studied shoreland district concerns, erosion and sedimentation, geological hazards and soil conditions, solid and hazardous wastes, traffic and traffic mitigation, vehicle -related air emissions, odors, noise and dust, archaeological, historical and architectural resources; scenic views and vistas, visual impacts, impact on infrastructure and public services. N I have included a summary of the issues that the EAW identified starting on page 51. It is important to note that the EAW found that the proposed project, if carefully constructed, would not cause great harm or damage to the environment or to the area. The EAW, however, did identify several areas where the developer could change the plans to make them more sensitive to the existing conditions on the property. In response to the concerns that the city and the EAW identified, the developer's engineer redesigned much of the project. These changes are in the current proposed plans and include moving the south driveway north on Lakewood Drive and widening the undisturbed area along the creek. The proposed changes are to address the concerns and issues identified by -staff and the EAW. It is staff's opinion the latest plans (dated March 12, 2002) have addressed the major design concerns and issues identified to date by the city and in .the EAW. An area of concern raised by the neighbors and studied in four pages in the EAW is traffic. I have included details about this issue in a separate section of the report. (See page 8.) Open Space The Maplewood Open Space Committee ranked this site fifth out of 66 when they rated properties in 1992 and first out of -the two they rated in this neighborhood. When the open space committee reviewed this site, they gave the property points for several characteristics. These aspects included that it is part of a linear open space corridor, it has running water (a stream) and valuable wetlands, that it was an area with natural processes or ecological relationships that are unique or have area -wide significance, it is near a public school and the site could be or is part of a public trail system. Maplewood has not included this site in its park or open space acquisition plans. Many neighbors prefer to keep this property for open space or a park. Maplewood or Ramsey County would have to buy this property to keep it as open space. There are several areas of publicly -owned open space and park land in this part of Maplewood. Ramsey County has about 85 acres of open space land along the west, north and east sides of Beaver Lake (south of Maryland Avenue and west of Lakewood Drive). Geranium Park, a 9 -acre neighborhood city park, is about 500 feet to the east of the site on the south side of Geranium Avenue. In addition, Maplewood has a use deed with the State of Minnesota for drainage and open space purposes on the vacant 34 -acre parcel on the north side of Maryland Avenue (east of Sterling Street). Metro Greenways Program In 1999, the city received a $100,000 matching grant from the Minnesota Department of Natural Resources (DNR) Greenways program for this property. Since the initial grant approval, the DNR has approved the city for another $50,000 in grant money to spend on the purchase of property for the greenway at this site. The purpose of the Metro Greenways is to protect, connect,, restore and manage a network of significant natural areas, parks and other open spaces interconnected by habitat corridors. The grant for this site is for the city to acquire part of this property (primarily along the stream) as a natural greenway between Beaver Lake and the city pond to the south and west of the site and the wetland area north of Maryland Avenue. This greenway would serve several purposes. These include acting as a natural buffer area around the stream and wetlands (to protect the water quality and the natural features from human impact) and to be a wildlife corridor between existing open space. I had Al Singer, the Metro Greenways Coordinator from the Minnesota Department of, Natural Resources (DNR), review the first proposed project plan. He had several concerns about the earlier proposal and its probable impacts on the stream corridor. Specifically, Mr. Singer noted that the removal of the existing conifers (pine trees) and other plant material on the site, along with the damage due to construction equipment, soil compaction and slope alteration, would further degrade the aesthetic and ecological value of the corridor. He also noted that the city park dedication requirements should take the form of donated property adjacent to the corridor and that any property that the city wants to acquire with Metro Greenways funding must be for all to use, not just for the adjacent residents. The developer, in response to staff and neighborhood concerns, has revised the proposed project plans. The latest plans now show 148 housing units (instead of 162) in 40 detached town houses and 108 rental housing units in 4 -unit and 8 -unit buildings. The developer made most of the changes on the east side of the project site (between the pipelines and Sterling Street). An important change to note in this area is that the developer has shifted the detached town houses to the south away from an area of natural significance. This change has moved the town houses (buildings 26-34) so they are no longer in the grove of coniferous trees (pines) along the south side of the stream. In addition, the changes have widened the corridor along the stream. The undisturbed corridor along the stream is now 155 feet wide (at its narrowest point) - up from the 80 -foot -wide narrow point on the first proposal and up from 130 feet from the last proposal. Mr. Singer and his assistant, Ross Sublett, have reviewed the revised development proposal. (Mr. Singer's comments are in the letter on page 64.) He noted. that they have reviewed the plans and "are very pleased with the significant changes that the owner and developer have now proposed." Mr. Singer also states 'this new proposal adequately addresses many of the concerns shared by the neighbors, the larger community and the DNR. We believe this project will be a win- win for all of the involved parties." Wetlands and Stream The developer had the wetlands on the site delineated by a trained wetland professional. The watershed district has classified these wetlands as Class II wetlands. The existing city wetland and stream protection ordinance requires the developer to protect much of the stream and wetland corridor on the site. Maplewood's wetland protection ordinance requires a 50 -foot -wide no -disturb buffer around the wetlands on the property. The wetland ordinance also requires at least a 50 -foot - .wide no -disturb buffer area along both sides of the stream (as measured from the top bank of the stream) and the building foundations must be at least 60 feet from these wetlands and from the stream. As such, the city does not usually allow any ground disturbance, including grading, within the buffer area. The proposed plans meet these requirements. However, Section 9-196(h)(2) of the city code allows a contractor or owner to alter a buffer area where the watershed district has approved a permit for the project. In addition, Sections 9-196 (d)(1)(b) & (d) of the code give two examples of exemptions to Maplewood's wetland protection ordinance. These include the construction or maintenance of public drainage facilities, sedimentation ponds or erosion control facilities or where the city council waives these requirements for the construction of utilities or trails. The city code goes on to say that the city may only allow the construction of utilities through buffers where there is no other practical alternative and that the city shall require the owner or contractor to replant the disturbed areas with appropriate native vegetation after construction ends. El The proposed grading plan shows little grading in the 50 -foot -wide buffer. These areas are near the rear of buildings 8 & 9, 21 & 22 and 42. The proposed grading in the buffer area is for the proposed storm water piping and overflows and the utilities (storm sewer, sanitary sewer and water mains) to serve the development. As I noted above, Section 9-196(d)(1)(b) of the city code allows utilities in the wetland buffer areas. The contractor should place the silt fence and temporary construction fencing so they protect the buffer areas during all construction. City ordinance requirements will protect the immediate area along the stream and around the wetlands from development. There has been much interest from city staff, the neighbors and the Ramsey/Washington Metro Watershed District in increasing the size of the protected area along the stream and wetlands. Using the DNR Greenways grant, while matching. the state dollars with city open space money, (as is required) to buy the area along the stream is a goal the city should consider. Having public ownership of the corridor will provide additional wetland and stream protection and public access to this area. Park Issues I had Bruce Anderson, the Maplewood Parks and Recreation Director, review the revised development plans. Mr. Anderson supports the revised development plan as it lowers the project density, it will increase the public open space on the site, and it should be "a positive project for the city, abutting property owners and for long-term park purposes." With the revised plans, the developer has agreed that the city should own the property along the stream and pipelines for public benefit. To have fewer housing units on the site while increasing the width of the public corridor, .staff has negotiated with the developer to have the city pay him up to $400,000 from city open space funds and the DNR Greenways money. The city would then own about 8.9 acres of property through the center of the site so it would be available for all to use and enjoy. Trails and Sidewalks Mr. Anderson also noted that the developer is not proposing to build any trails with the development. He notes that the city will be receiving park dedication funds that the city will use for the construction of the trail through the site. The city has been planning for a north/south trail corridor to go through this site. This trail is to eventually connect the Maplewood Nature Center with the Priory open space to the north. The developer, however, has not shown any trails within the site. Mr. Anderson recommends that the city install a trail along the creek corridor in the property that the city would own. However, Mr. Anderson wants to ensure that the developer provide an internal trail system that would connect the west and east sides of the proposed development (including a bridge over Beaver Creek). The developer's plans do not show any walking paths or sidewalks within the development. However, the Maplewood Parks, Open Space and Trail System Plan that the city adopted in 1999 identified the natural corridor along the stream on this site as the location of a park trail. This trail would connect Stillwater Road on the south with the open space(s) north of Maryland Avenue. The Implementation Plan of the 1999 Parks Plan identified this trail segment as the highest priority trail to build of those the city identified for the trail system. That is, the city should make the building of this trail its top priority when discussing the building of trails or when reviewing development proposals for this site. 5 To be consistent with the adopted Parks Plan, the city should build this trail. Section 9-196(e)(2) of the city code, however, states that a trail within a wetland or stream buffer "must not be of. . . impervious surface." As such, any trail within the buffers on this site must be constructed of wood chips or another material that is not impervious. Any trail construction on the site will need to be coordinated with the project's utility construction. In addition, the city would be installing 8 -foot -wide connecting trails from the trail in the center of the site to the east and to the west to connect the respective sides of the development with each other. These connections would include 8 -foot -wide trails on top of or near the proposed storm sewer pipes between buildings 8 and 9 and between buildings 21 and 22. The city may also want to install a trail bridge or crossing over the stream that would allow people to easily cross from one to the other. These links will give the new residents in the development access to the .trail corridor and to each other. All the trails within the development should be public and for all to use, not just for those living in the development. In addition to the above -noted trails, the plans show a six -foot -wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. The city engineer told me that the city should consider building the rest of the sidewalk from the west line of the site to Lakewood Drive to complete the sidewalk along this part of Maryland Avenue. This sidewalk would give the residents of Rosewood Estates and the new residents on Maryland Avenue a place to walk off the street while going to and from the trails north of Maryland Avenue and to the new trail along the stream. For paved off-street paths, Maplewood requires 8 -foot -wide bituminous paths (when not in a buffer area) be in a publicly -owned right-of-way or pedestrian way that is at least 10 feet wider than the trail. As such, the developer will need to dedicate the outlots between Lots 8 and 9 and between Lots 21 and 22 to the city to meet this code requirement. The developer should build a fence on both sides of the paved trails within this plat. The city should require the developer to install the sidewalks, trails and fences with the streets and driveways before final plat approval. This is to ensure that the lot buyers know that the trail is there. Zoning, Land Use and Comprehensive Plans The city intends areas designated in the land use plan as residential medium -density (RM) as areas for town houses or apartments of up to 6 units per gross acre. (See the land use plan map on page 29.) For areas the city has zoned multiple -family residential (R-3), the city allows a mix of housing types including double dwellings, town houses and apartments. The proposed development plan is consistent with the density allowed by the comprehensive plan and with the zoning designation for the property. The 148 units on the 27 -acre site means there would be 5.48 units per gross acre which is consistent with the density standards set in the Maplewood Comprehensive Plan for this site. In addition, the proposed development density would be consistent with the density standards recommended by the Metropolitan Council for housing in first -ring suburbs. This is a good site for a mix of housing styles and densities. It is on a major collector street (Maryland Avenue) and on an arterial street (Lakewood Drive) and- is near open space. With a proposal such as this, the city must balance the interests and rights of the property owner to develop his property with the city's ordinances, development standards and Maplewood's G Comprehensive Plan. The proposed plan (dated March 12, 2002) balances the land owner's rights to use and develop the property versus the city's interest in preserving the stream corridor. Conditional Use Permit/PUD The applicant has applied for a conditional use permit (CUP) for a planned unit development (PUD) for the 148 -unit housing development. They are requesting the CUP for the PUD because Section 36-566(a) of the city code (the shoreland district regulations) require a PUD for developments with buildings having more than four units. In this case, the site is in the shoreland zone of Beaver Lake and would have a mix of housing with 40 single-family detached townhomes and 108 rental units in 11 8 -unit and. 5 4 -unit buildings. In addition, having a PUD gives the city and developer a chance to be more flexible with site design and development details than the standard zoning requirements would normally allow. In consideration for the PUD, the city should require improved architectural design or landscaping elements within the development. As proposed, the 148 dwelling units would be on about 27 acres for an overall project density of 5.48 units per acre. For a comparison, the comprehensive plan allows developments with single dwellings to have up to 4.1 units per gross acre. As such, on a 27 -acre site, there could be up to 110 single-family homes. Shoreland District Regulations As I noted earlier, most of this site is in the shoreland district of Beaver Lake. Maplewood adopted the shoreland district regulations, under the guidance of the DNR, in 1996. The code says that the shoreland district "is to provide specific regulations to protect the city's shorelands. It is in the. public's best interest to provide for the wise subdivision, use and development of shorelands." The objectives of the shoreland code are; 1. Protect, preserve and enhance the quality of surface waters. 2. Protect the natural environment and visual appeal of shorelands. 3. Protect the general health, safety and welfare of city residents. As such, there are several shoreland ordinance regulations that apply to this request (including the requirement that the city approve a CUP for a PUD). These include open space requirements, the maximum building height, vegetation preservation and. screening requirements. Specifically, -the shoreland code requires the following: - at least fifty (50) percent of project area remain as open space;_ - that the buildings have a maximum height of 25 feet, (unless the city approves taller structures); that the developer minimizes the loss or removal of natural vegetation; that the applicant prepare a storm water management plan for the proposal; and that the developer design the structures to reduce their visibility from the lake. Specifically, Section 36-574(e)(4) of the code says "This design shall use vegetation, topography, increased setbacks, color or other means. The city may require additional vegetation to help 7 screen these facilities." The proposed project plans say that the development will have 68 percent open space. The applicant has not provided any building or landscaping plans, so staff .cannot yet determine if the plans will meet the maximum height and screening requirements noted. above. The applicant's engineer has submitted a grading plan with calculations that the city engineer will review for consistency with city standards. The proposed plans- appear to meet all city platting, wetland and setback requirements. Meeting all city and other agency standards should be a requirement of the conditional use permit and of the design approval. Traffic As I noted earlier, traffic (especially at the intersection of Lakewood Drive and Maryland Avenue) was and still is a concern of several of the neighbors. The EAW analyzed the Lakewood Drive/Maryland. Avenue intersection for how it operates (or how traffic flows) for both the morning and afternoon peak hours. This analysis was done for the existing conditions (2001), for the year 2005 with nothing built on the proposed site and for 2005 if the development was complete. The study also looked at the year 2020 with no development and with development on the proposed site. (Please see the traffic section of the EAW (pages 20-23) for a summary of the .traffic impact study on pages 47-50.) The traffic study explains that traffic operations for intersections are rated by level of service (LOS) from A to F. Specifically, a LOS of A is the best and smoothest operating intersection while a LOS of F is a congested and poorly operating intersection. According to the traffic study, the Lakewood Drive/Maryland Avenue intersection now operates at an acceptable level both. in the morning and in the afternoon. The study notes that the intersection, especially the south approach (northbound traffic), with no development on this site, will operate at a level of service (LOS) E during .the afternoon peak hour in 2005. The study goes on to say that in 2005, with the addition of the proposed development, the Lakewood. Drive/Maryland Avenue intersection will operate at a LOS E during the afternoon peak hour. For the year 2020, the traffic study notes that the intersection will operate at a LOS E or F for the peak hours (with or without the proposed development), depending on which direction one is traveling. In all cases, the decreasing LOS for this intersection (and for all intersections in the area), can be partially attributed to the increasing level of traffic on all roads. That is, more people are driving more often on all the streets and roads in the region. For the years 2005 and 2020, the traffic study suggests that the installation of a traffic signal at the intersection of Lakewood Drive/Maryland Avenue would improve the operations of the intersection to a LOS D during the peak hours and the overall operations to a LOS B. Dan Soler, the Ramsey County traffic engineer, reviewed the revised plans. His comments are in the memo on pages 66 and 67. He notes that he is satisfied with the proposed changes to the plans and that the county will be monitoring the Lakewood Drive/Maryland Avenue intersection to determine if or when the criteria or warrants are met for the installation of a traffic signal. 8 Site Plan Changes Stream Corridor and Wetland Buffers As I noted above, the city wetland and stream protection ordinance requires the developer to protect much of the stream and wetland corridor on the site. Maplewood's wetland protection ordinance requires a 50 -foot -wide no -disturb buffer around the wetlands on the property. The wetland ordinance also requires at least a 50 -foot -wide no -disturb buffer area along both sides of the stream (as measured from the top of the stream banks) to help protect it from the effects of the proposed development. The proposed plans meet these requirements. I also noted earlier that the revised plans (dated March 12, 2002) show a wider corridor along the stream and around the wetlands on the site than the earlier proposal. This revised plan, with the publicly owned corridor, should provide the stream and wetlands with more protection from the development and human impacts than the earlier proposals. North Side (along Maryland Avenue) , The proposed development plans now show a driveway parallel to Maryland Avenue to provide access to the homes on the south side of the street. Mr. Soler of Ramsey County suggested this design. Property Values The Ramsey County Assessor's Office has told us in the past that multiple dwellings adjacent to single dwellings are not a cause for a negative effect on property values. If properly maintained and kept up, this development should not be detrimental to the neighborhood. The required annual review of the conditional use permit is a built-in safeguard to ensure that the city council will regularly review this development. Front and Rear -Yard Setbacks The developer has shown a variety of building locations on the proposed grading plan and also is proposing all private driveways within the development. Maplewood's setback standards usually do not apply to buildings when next to a private driveway (versus a public street). Having a variety of .setbacks in this development will allow for less mass grading and more individual town house styles. Off -Street Parking Standards The city code requires the developer to provide at least 296 off-street parking spaces (two for each unit) in this development. The developer's engineer noted on the project plans that they would be providing at least 337 parking spaces (including garages) within the site. Of the 296 parking I paces, 132 would be on driveways behind garages. The total number of proposed spaces should be enough parking for the residents and their guests. I also should note that, as proposed, Private Driveways A and D on the plans would be 28 feet wide. This width would allow for parking on one side of each driveway. Z Street and Easement Vacations Mr. Emmerich has asked the city to vacate all the unused street right-of-ways and easements within the project area. (See the map on page 34). These existing public facilities do not fit with the proposed street, driveway and lot layout on the plans. Since the developer will be dedicating all the necessary easements with the new plat, there is no need to keep the existing right-of-ways and easements. Preliminary Plat The proposed development and preliminary plat with 148 units meets the city's density requirements for medium -density residential development. Having a lot under each detached town house unit will allow the developer to sell each unit individually. Drainage and Watershed District Most of the site drains to the existing stream in the center of the property. This stream runs to the south to an existing city ponding area on the east side of Lakewood Drive and then into Beaver Lake. The developer's engineer told me that by using the proposed ponds as storm water detention facilities, the development will not increase the rate of storm water runoff from the site. He said that the runoff leaving the site would be at or below current levels. The Ramsey/Washington Metro Watershed District reviewed the proposed project plans. Refer to the memo on pages 59-61. It also is important to remember that the applicant or the contractor must get a permit from the watershed district before starting grading or construction. That is, the watershed district will have to be satisfied that the developer's plans will meet all watershed district standards, including the types of plantings used for restoration and providing adequate protection to the stream, wetlands and their buffer areas. Public Utilities There are sanitary sewer and water in Maryland Avenue and in Sterling Street to serve the proposed development. The developer will need to extend the water main between the west and east sides of the proposed development to connect and loop the water system. The Saint Paul Water Utility will need to approve- the water plan. I -had Chris Cavett and Chuck Ahl of the city engineering staff and Ed Nadeau, the city sewer foreman, review the proposed plans. They noted that the existing sanitary sewer line that runs through the site near the stream is difficult to maintain and may need repairs. They believe there is an opportunity to work with the developer to design new sewer lines that will serve the needs of the development and that will better serve the city as a whole. The city council ordered a sewer improvement study in 2001 (that is still ongoing) to review this matter. The city engineer expects this study to be done in May. Trees As proposed, the applicant's contractor would grade much of the site to create the private driveways, the ponding areas and the building pads. This grading would disturb about 18 acres of 10 the 27 -acre site while preserving many of the slopes and some of the large trees on the site, especially near the stream and pipeline. (See the proposed grading plan on page 37.) The applicant, however, has not yet prepared a tree plan for the property. Before grading the site, the city should require the developer to submit a detailed tree plan to staff for approval. Maplewood's tree ordinance requires there be at least ten trees per gross acre on the site after grading. For this site, the ordinance requires that at least 270 large trees remain. If the developer cannot keep that many large trees, the ordinance requires him to plant replacement trees. This would be up to a maximum of 10 trees per gross acre so there are at least 270 trees on the site. The developer should provide this plan, along with the proposed landscape plan, to the city for review by the Community Design Review Board. Fire Department Review On -Street Parking Standards The applicant is proposing private driveways within the PUD with widths from 20 feet to 28 feet in the development. I had the Fire Chief and Fire Marshal review the proposed driveways and their widths. According to Article 9, Section 902 of the Uniform Fire Code, all fire access roads shall have an unobstructed width of not less than 20 feet. As such, all ,the streets and driveways in this development must be at least 20 feet wide with no parking on either side of the street. If the developer or the city wants to allow parking on one side of the driveways, then they must be at least 28 -feet wide. Any driveway that is less than 28 feet wide must be posted for no parking on both sides. Police Department Review Lieutenant Banick of the Maplewood Police department reviewed the proposed project plans. His comments start on page 57. He noted concerns about the safety of motorists who exit from the south driveway onto Lakewood Drive and if the proposal would generate a substantial increase in emergency service calls. CONCLUSION The revised project plans will provide the city with additional housing in two styles not common in Maplewood. While many of the neighbors would prefer no or little development of the property, the property owner has the right to develop and use his land. The current proposal provides protection for the stream and wetlands on the site while giving the owner the opportunity to develop the site. This balance is something the city should strive for with every development. COMMISSION ACTION On April 15, 2002, the planning commission recommended approval of the PUD, right-of-way and easement vacations, preliminary plat, parking standards and the purchase of the 8.9 acres along the stream corridor for public open space purposes. 11 RECOMMENDATIONS A. Approve the resolution starting on page 77. This resolution approves a conditional use permit for a planned unit development for the Beaver Lake Townhome development on the south side of Maryland Avenue between Sterling Street and Lakewood Drive. The city bases this approval on the findings required by code. (Refer to the resolution for the specific findings.) Approval is subject to the following conditions: 1. All construction shall follow the plans date-stamped March 12, 2002 except for the following changes: a. Revising the grading and site plans to show: (1) No grading or ground disturbance in the park dedication area and in the wetland and stream buffer areas except: (a) As allowed by the watershed district. (b) For the utilities, trails and footbridge. (2) The required trails and sidewalks. (3) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (4) The developer minimizing the loss or removal of natural vegetation including keeping and protecting the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor near the rear of proposed buildings 26-34. (5) All driveways at least 20 feet wide. If the developer wants to have parking on one side of a driveway, then that driveway must be at least 28 feet wide. (6) All parking stalls with a width of at least nine feet and a length of at least 18 feet. b. The developer deeding the area labeled "Park Dedication" on the plans to the City of Maplewood. This dedication is to help protect the most sensitive natural features on the site and would protect this part of the site from building, fences, mowing, cutting, filling, grading, dumping or other ground disturbances. This dedication also would help ensure the natural linear or corridor aspect of the site (primarily around the stream) would remain as it is now. The Parks and Recreation Director shall approve the land or the area(s) for dedication to the city. The city shall use the Greenways grant from the DNR, while matching the state dollars with city open space money, (as is required) to buy the protected area along the stream and wetlands labeled as Park Dedication on the plan dated March 12, 2002. The city council may approve major changes to the plans. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 12 3.* Have the city engineer approve final construction and engineering plans. These plans shall: a. Include grading, utility, drainage, erosion control, streets, trails, sidewalks, tree, driveway and parking lot plans. b. Show no grading or ground disturbance (except where utilities or trails are installed) in the: (1) Required wetland and stream buffer areas. (2) Park Dedication area. This land will be for city park and open space purposes.. The developer and contractors shall protect the park dedication area, including the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor, from encroachment from equipment, grading or filling. City -required trails are allowed in the buffer and park dedication areas. C. Include a storm water management plan for the proposal d. Include a coordinated plan with the public works department for the design and installation of the sanitary sewer lines or for the repair or realignment of the existing sanitary sewer line that runs through the site. 4. The design of the ponds shall meet Maplewood's design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for getting any off-site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the -site drainage and the ponds, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation, cutting, filling or dumping. d. Install survey monuments along the wetland boundaries. e. Remove any debris, junk or fill from the wetlands, stream corridor, park dedication area and site. f. Install a six -foot -wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. The developer's engineer shall show this sidewalk on the grading and construction plans. The city engineer shall approve the details of these plans. 13 g. Construct an eight -foot -wide paved public walkway and two -rail split -rail fencing in the following locations: (1) From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. (2) From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream in the center of the site. The trail must have a surface that is not impervious when the trail is in a wetland or stream buffer area. The developer's engineer shall design the trails to follow the existing property contours and proposed utility corridors to save as many trees .as possible and to minimize the amount of grading necessary to install the trails. h. Restore all disturbed areas within the stream corridor and park dedication area with a native seed mix approved by the watershed district and by the city engineer. 6.* The developer shall give the city wetland easements over the wetlands and the stream. The easements shall cover the wetlands and any land within 50 feet surrounding a wetland. The easements also shall cover the stream and any land within 50 feet of the top of the stream bank. These easements shall prohibit any building, mowing, cutting, filling or dumping within fifty feet of the wetland and. the stream or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands and the stream from fertilizer and to protect the wetland and stream habitat from encroachment. 7. The approved setbacks for the principal structures in the Beaver Lake Townhome PUD shall be: a. Front -yard setback (from a private driveway): minimum - 20 feet, maximum - 35 feet b. Front -yard setback (public side street): minimum - 25 feet, maximum - 40 feet c. Rear -yard setback: none d. Side -yard setback (town houses): minimum - 5 feet to a property line and 10 feet minimum between buildings e. Side yard setbacks (apartments): 20 feet minimum between buildings v 8. This approval does not include the design approval for the townhomes or for the apartments. The project design plans, including architectural, site, lighting, tree and landscaping plans, shall be subject to review and approval of the community design review board (CDRB). The projects shall be subject to the following conditions: a. Meeting all conditions and changes as required by the city council. b. The buildings in the shoreland district shall have a maximum height of 25 feet (unless the city council approves taller structures). 14 c. The developer shall design the structures to reduce their visibility from the lake. This shall include using vegetation, topography, increased setbacks, color or other means to accomplish the screening. The city may require additional vegetation to help screen .these facilities. d. For the driveways: (1) Minimum width - 20 feet. (2) Maximum width - 28 feet.. (3) All driveways less than 28 feet in width shall be posted for "No Parking" on both sides. Driveways at least 28 feet wide may have parking on one side and shall be posted for no parking on one side. e. Showing all changes required by the city as part of the conditional use permit for the planned unit development (PUD). 9. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable lots for any outlot in the preliminary plat before the city will issue a building permit. 10. The developer paying the city $94,.000 in Park Availability Charges (PAC fees) for this development. 11. The city council shall review this permit in one year. B. Approve the resolution starting on page 82. This resolution vacates parts of the unused Magnolia Avenue and Sterling Street lying west of Lakewood Drive and south of Maryland Avenue in the Beaver Lake Townhomes PUD. It is in the public interest to vacate these right-of-ways for the following reasons: 1. The adjacent properties have adequate street access. 2. These right-of-ways are not needed -for the public purpose of street construction. 3. The developer will be building private streets and driveways in the project. C. Approve the resolution on page 83. This resolution vacates the unused drainage and utility easements lying east of Lakewood Drive, west of Sterling Street and south of Maryland Avenue in the Beaver Lake Townhomes PUD. It is in the public interest to vacate these easements for the following reasons: 1. The adjacent properties have adequate street and utility access. 2. These easements are not needed for their original public purposes. 3. The developer will be dedicating new easements with the final plat for the project. D. Approve the Beaver Lake Townhomes preliminary plat, (received by the city on March 12, 2002). 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: 15 a. Complete all grading for overall site drainage, complete all public improvements 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 at least 15 locations - primarily at street and driveway intersections and street or driveway curves. The exact style and location shall be subject to the city engineer's approval. d. Pay the city for the cost of traffic -control, street identification and no parking signs. e. Provide all required and necessary easements. f. Cap, seal .and abandon any wells that may be on the site, subject to Minnesota rules and guidelines. g. Complete and replace as. necessary all curb and gutter on Sterling Street and on Maryland Avenue. This is to replace the existing driveways and driveway aprons on these streets. This shall include the repair of the pavement and the restoration and sodding of the boulevards. h. For the trails and sidewalks, complete the following: (1) Construct an eight -foot -wide paved public walkway and two -rail split -rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. All trails between lots.,shall be in a publicly -owned pedestrian way or outlot. (2) The developer also shall build a six -foot -wide sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. (3) The developer shall install a two -rail split -rail fence on both sides of each trail and posts at the end of the trails to prevent motorized vehicles from using the trail. (4) The developer shall build the trails, sidewalks and fencing with the driveways and streets before the city approves a final plat. (5) The city engineer must approve these plans. i. Install permanent signs around the edge of the wetland and stream buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, 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. j. Install survey monuments along the wetland boundaries. 16 k. Install survey monuments and signs along the edges of the area labeled "Park Dedication." These signs shall explain that the area beyond the signs is a public park area and that there shall be no building, fences, mowing, cutting, filling, dumping or other ground disturbance in that area. The developer or contractor shall install these signs before the city issues building permits in this plat. I. Install signs where the driveways for the apartments and for the town houses intersect the public streets indicating that they are private driveways. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail, sidewalk, driveway and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building 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) Building pads that reduce the grading on site where the developer can save large trees. (4) The street, driveway and trail 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. These 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) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). _ (9) Additional information for the property south of the project site. This shall include elevations of the existing ditch, culverts and catch basins and enough information about the storm water flow path from the proposed ponds. (10) Emergency overflows between Lots 8 and 9, Lots 21 and 22 and south of proposed building 42 (out of proposed ponds 1, 3 and 4). The overflow swales shall be protected with permanent soil -stabilization blankets. 17 (11) Restoration in the stream corridor and park dedication area being done with native seed mix or vegetationas approved by the city engineer and by the watershed district. C.* The tree plan shall (1) Be approved, along with the landscaping, .by the Community Design Review Board (CDRB) before site grading or final plat approval (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2 1/2) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Black Hills Spruce, Austrian pine and other species. (4) Show no tree removal in the buffer zones, park dedication areas or beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be: (a) near the ponding areas (b) on the slopes (c) along the trails _ (d) along the east side of Lakewood Drive to screen the proposed buildings from Beaver Lake (e) along the south side of the site (west of Sterling Street) to screen the development from the existing house to the south The developer may use the tree groupings to separate the different types of residences. (7) Show the planting of at least 270 trees after the site grading is done. d. The street, trail, sidewalk and utility plans shall show: (1) An eight -foot -wide paved public walkway and two -rail split -rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. The parks and recreation director shall approve their locations and design. (2) The public streets and driveways shall be a 9 -ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (3) All the streets, parking areas and driveways with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. (4) The removal of the unused driveways and driveway aprons and the completion of the curb and gutter on Sterling Street and on Maryland Avenue and the restoration and sodding of the boulevards. (5) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (6) 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. (7) The plan and profiles of the proposed utilities. (8) Details of the ponds and the pond outlets. The outlets shall be protected to prevent erosion. (9) A coordinated sewer realignment and reconstruction plan. The city engineer must approve, the sanitary sewer realignment plans. (10) Asix-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. e. 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) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's- review of the construction plans: 4. Change the plat as follows: a. 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. b. Show the wetland boundaries on the final plat as approved by the watershed district. c. Show the park dedication boundary and area on the final plat. 19 d. Make as many of the property lines as is reasonably possible radial to the cul-de-sacs or perpendicular to the driveways and street right-of-ways. e. Show street names for the driveways as follows: (1) Private Driveway A in the west one-half of the site shall be called "Beaver Creek Parkway." (2) Private Driveway B in the west one-half of the site shall be called "Beaver Creek Lane." (3) Private Driveway D in the east one-half of the site shall be called "Sterling Circle." (4) Private Driveway E in the east one-half of the site shall be called "Sterling Lane." f. Show the existing pipelines and pipeline easements on the final plat. g. If necessary, increase the lot widths for the lots next to the pipeline to ensure that the building pads will be at least 100 feet away from the pipeline. (code requirement) h. Label the common areas as outlots. i. Show the trails in publicly owned property or easements. j. Show the area between buildings 8 and 9 and buildings 21 and 22 as separate outlots and dedicate each of these to the city. 5. Secure and provide all required easements for the development. These shall include: a. Any off-site drainage and utility easements. b. Wetland and stream easements over the wetlands and any land within 50 feet surrounding a wetland and a stream. The easement shall prohibit any building or structures within 50 feet of the wetland or stream or any mowing, cutting, filling, grading or dumping within 50 feet of the stream, wetland or within the wetland itself. c. A stream buffer easement that is at least 50 feet wide on each side of the stream that crosses the site. The easement shall prohibit any building, structures or any .mowing, filling, cutting, grading or dumping within 50 feet of the ordinary high water mark (OHWM) of the stream. The purpose of these easements is to protect the water quality of the stream and wetlands from fertilizer and runoff. They also are to protect the stream and wetland habitat from encroachment. d. Any easements the city needs for the realignment of the sanitary sewer through the site. 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: 20 a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Lakewood Drive, Maryland Avenue and Sterling Street (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the driveways. d. Work with the city as necessary for the realignment of the sanitary sewer through the site. This sewer project also will require an assessment agreement between the developer and the city to compensate the city for the benefit that the developer, receives from the city sewer construction. 7. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any additional driveways (besides the one new driveway shown on the project plans) from going onto Lakewood Drive and onto Maryland Avenue. c. A deed restriction prohibiting the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects Lots 1 through 3, Lots 19 through 24 and buildings 41 and 42 of the proposed preliminary plan the ' city received on March 12, 2002. The developer also shall notify the purchasers of the pipeline location. d. A deed dedicating a stream buffer easement (50 feet from the top of each stream bank) for the stream that crosses the site. e. Deeds for the stream and wetland buffer easements surrounding the stream and the wetlands. f. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council g. A deed that transfers the ownership of the park dedication area to Maplewood. h. Deeds that transfer the ownership of the outlots between buildings 8 and 9. and buildings 21 and 22 to the city. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 8. 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 private utilities, driveways and structures. 9. Show the wetland boundaries on the plat as approved by the Watershed District. A trained and qualified person must delineate the wetlands. This person shall prepare a wetland 21 I elineation report. The developer shall submit this wetland information to the Watershed District office. The Watershed District must approve this information before the city approves a final plat. If needed, the developer shall change the plat to meet wetland regulations. 10. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 11. Obtain a permit from the Ramsey -Washington Metro Watershed District for grading.. 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. E. Adopt the resolution on page 84. This resolution is for the on -street parking standards and no on -street parking requirements for the Beaver Lake Townhomes PUD south of Maryland Avenue between Sterling Street and Lakewood Drive. F. Authorize city staff to spend up to $400,000 of city open space funds for the purchase of about 8.9 acres of the Beaver Lake Townhome site shown as park dedication. This purchase is subject to the: 1. City council approving the PUD, street vacations and preliminary plat for the proposal. 2. Developer recording the final plat for the project that shows the park dedication area. 3. Minnesota Department of Natural Resources (DNR) approving the use of the $150,000 matching grant money from the Greenways program for this site with the proposed plan. 22 CITIZENS' COMMENTS surveyed the owners of the 65 properties within 350 feet of this site about the first proposal (in 2001) and received 15 written replies. After receiving the latest plans (in 2002), I sent a new survey to all those that had expressed an interest in this site (about 118 people). I received 16 repliesto the latest survey. Those who wrote had several comments about the revised proposal. have summarized their comments about the most recent plan as follows: r 1. 1 do not agree with the proposal. I would like to see the land left alone. There is a lot of wildlife that will have nowhere to go. Also, I do not want Section Eight brought into our neighborhood. It is nice and safe and peaceful, that will no longer be. (Winkel —1044 Mary Street) 2. 1 would like to know if the proposed park is eligible for the $100,000 matching grant from the DNR. Also, I see no playground facility. Furthermore, I do not see how this is really changed except for reducing ;the units by 14. Lastly, the EAW is full of so many conditional words as could. This development will be a traffic and environmental nightmare. If the council approves this, it only furthers the case that they are not representing the people. (Lutfey —1076 Mary Street) 3. We did want to say that the one problem we were concerned about before was the driveway going out to Lakewood Drive along Magnolia. If we are reading the plans correctly, it shows it will move it further north which should be much better traffic wise. We hope this plan will remain for our sake and many of our neighbors. (Dreawves —1070 Lakewood Drive North) 4. Adding a driveway onto Lakewood Drive is dangerous. Can the existing lift station on Lakewood Drive handle the additional sewage flow? In the spring when the water in the creek gets high there will be children drowning in the creek if a high fence is not built on each side. A traffic signal will have to be installed at Lakewood and Maryland to handle the increase in traffic. (Rogers —1000 Lakewood Drive North) 5. This is too much density shoved into this acreage. However, I feel 2/3 of the Maplewood City Council doesn't dare say no to the developers. I feel our input is not being heard and is only lip service to us. We've changed 2 members — elections will come again. (Axtman — 2510 Geranium Avenue) 6. 1 am against that many rental units -looks more like an army camp than planned housing. What good are comments — no one listens. Nothing has been changed from last year. Please no rental units. (Kemper — 2513 Geranium Avenue) 7. 1 am totally against this development. I attended all the meetings on this last year but all things brought up against it went on deaf ears by the council. (Clarke — 2515 Rose Avenue) 8. Where are all the animals going to go if you use all their land? As it is, they are looking for food now. Building as you plan leaves them with even less to eat than now. (Hendricks — 1013 Bartelmy Lane) 9. 1 am still against this plan. I feel that apartments will not add to the community. Build affordable houses, not apartments. People take pride in homes that they own — it is a fact. (Couture — 1020 Bartelmy Lane) 10. 1 would prefer the development not go in at all. There are numerous issues this will bring to our area including traffic congestion and public schooling — considering Beaver Lake School 23 will be closing. I would like to see more land preservation rather than continual construction! (Meisner — 1031 Sterling Street) 11. I have been against this project from the start, but my opinion does not mean anything or the rest of my neighborhood.. (Lindorff —1037 Sterling Street) 12. I am opposed to this project in any way, shape or form because the wildlife that will be rousted from this area. Also because of the oasis of quiet that will be disturbed. Since it will go forward in spite of objections, I hope that all. those pine trees from the comer of Sterling Street to the west will at least remain and the stream untouched. (Caswell.— 1118 Sterling Street) 13. The city does not maintain the street now. What happens to our street after bringing all those people in this area? Where are all the deer going to go? (and the animals)? Next election any board member who votes to OK this will not get my vote. (Sablak —1172 Sterling Street) Also see the letters on pages 68 through 76. also received several telephone calls from nearby residents about the original proposal. They expressed concerns about the loss of open space, the potential effects on the stream, corridor and wildlife, storm water drainage, the proposed housing mix (including rental units and town houses) and increased traffic. 24 REFERENCE INFORMATION SITE DESCRIPTION Site size: 27 acres Existing land use: Undeveloped SURROUNDING LAND USES Norah: Rosewood Estates and Beaver Lake Manufactured Home Park across Maryland Avenue South: Houses on Lakewood Drive and on Sterling Street and city ponding area West: Rosewood Estates and Ramsey County open space across Lakewood Drive East: Town houses and .quad -homes across Sterling Street PLANNING Existing Land Use Plan designations: R -3(M) (medium density residential) Existing Zoning: R-3 (multiple -family residential) CRITERIA FOR APPROVAL Section 36-442(a) states that the city council may approve a CUP, based on nine standards. Refer to the findings in the resolution on pages 77 through 81. Section 25-70 of the city code requires that the CDRB make the following findings- to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2..That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of .the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. HOUSING POLICIES The land use plan has eleven general land use goals. Of these, three apply to this proposal. They are: minimize land planned for streets, minimize conflicts between land uses and. provide many housing types. The land use plan also has several general development and residential development policies that relate to this project. They are: - Transitions between distinctly differing types of land uses should not create a negative economic, social or physical impact on adjoining developments. 25 - Include a variety of housing types for all types of residents, regardless of age, ethnic, racial, cultural or socioeconomic background. A diversity of housing types should include apartments, town houses, manufactured homes, single-family housing, public -assisted housing and low -to - moderate -income housing, and rental and owner -occupied housing. - Protect neighborhoods from encroachment or intrusion of incompatible land uses by adequate buffering and separation. The housing plan also has policies about housing diversity and quality that the city should consider with this development. They are: - Promote a variety of housing types, costs and ownership options throughout the city. These are to meet the life -cycle needs of all income levels, those with special needs and nontraditional households. - The city will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. The city's long-term stability of its tax base depends upon its ability to attract and keep residents of all ages. To do so, the city must insure that a diverse mix of housing styles is available in each stage of the life cycle of housing needs. Application Date We received the complete application materials for the first development request on January 18, 2001.. State law requires that the city take action within 60 days of receiving complete applications for a proposal. As such, the city council would have normally had to take action on the proposal by March 18, 2001. On March 12, 2001, the city council held a public hearing about this site. At this meeting, the applicant agreed to a time extension until May 14, 2001 for the city council. Since that hearing, the city had an EAW prepared and has been working with the developer on revised plans for the site. On March 12, 2002, the city received the latest plans (reviewed herein) for this site. The developer agreed to have the city council hold the public hearing for the latest proposal on May 28, 2002. 26 p:/sec25/beavrplt 2002.mem Attachments: 1. Location Map 2. Land Use Plan Map 3. Property Line/Zoning Map 4. Area Map 5. Area Map 6.. Area Map 7. Proposed Public Vacations 8. Proposed Site Plan dated 03-12-02 9. Proposed Utility Plan dated 03-12-02 10. Proposed Grading Plan dated 03-12-02 11. Proposed Preliminary Plat dated 04-30-01 12. Proposed Grading Plan dated 04-30-01 13. City -Approved 1980 Development Plan - Beaver Lake Hills 14. 03-12-01 City Council minutes 15. 05-14-01 City Council Minutes 16. 09-24-01 City Council minutes 17. 08-06-01 EAW (pages 20 - 23) 18. 08-06-01 EAW (pages 31- 33) 19. 03-27-02 letter from Robert Whiting, Army Corps of Engineers 20. 03-23-02 memo from John Banick 21.. 03-18-02 memo from Ramsey/Washington Metro Watershed District 22. 04-01-02 Engineering review from Chris Cavett 23. 04-03-02 letter from Alan Singer (DNR Greenways Program) 24. 04-04-02 memo from Dan Soler (Ramsey County) 25. 03-29-02 letter from Sue Dwight 26. 03-20-02 letter from Jody Northouse 27. Survey comments from Carlson (1198 Sterling Street) 28. 03-28-02 letter from Kathleen Peterson 29. Conditional Use Permit for a Planned Unit Development Resolution 30. Street Right -of -Way Vacation Resolution 31. Easement Vacation Resolution 32. No Parking Resolution 33. Project Plans dated March 12, 2002 (separate attachments - including 11x1 7s and full-size) 27 _ .:�law Attachment 1 LOCATION MAP 28 ..:al scow iii WA�• Ila NMIRIM MIN i .�G 0 �C- innehaha BC LBC R -3(H) QS Attachment 3 `•'� � �2T) , 1 3 7.81 o.e.. J� ► o /� bob, 9c 4'+ (39) a: � -- C2) a }Fl1 y ►a1.99 \oO40,0 142 2 40 ` 0 ;l ) a S (25) NR3 a/ Il 2 \ ° (z4� ti ,� r5^7.•F, . I N 1 \ X40 4 •p 41) S3 5�s BEAVER LAKE MANUFACTURED HOME PARK ,z3 QLI 61) s ND AVENUE — s l - • - MARYLAND a -1 30 - .. 2645. o0 I3te.+1 , w , 27 - -1•+11/]1 ) ( •90 1 + 1! Flo ROSEWOOD ESTATES , , ,a, a3L ~ ' I� o� I 7 I s'L 5 1 9 8 I PROJECT SITE ' 1 1 � w 330 3 - - - -,�3- • et 7% f7 -,J� �� DG53 _ C! 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"" 0. so Mir im a "a k 8. f" 0 4001 TVPE 3ft VAIC ECLOME 9' - FWAM ZMI CLASS & &AWKWE SE rr IWAM 2211 CLASS & AAGAIREWC WE oft, fft irep of ow �tl ' IK R. superftwon a" ww I a d&* IAIftv~ Aft JA"M 10.0 f.V 00 -W 109 1 -0 L bKk 7 SINF&W - ftb— SIN..! Affienumb. ib, —4h 17100 6" .0 IN _lp 6"M 4.11 w -W Soo. 7 ...6 RAW F ==WHOM 0 492.3 mi wo .0 aw vw� P. w off w w .=w r .' A. �1� Q.~ .1 sow :1 U-0 pftrwl KSM lb"Z* rn r CTE "Ulm xS)Gw •15"r Ca"Opm -u moth "0 " ft, 'I rill a. w 0. 91L30 ow ww 0 aw 0—vo . .a — r.. Cun & GUTT" CURB & GUTICIF AwSTREET SECTION W 1675 COMMERCIAL BLVD. 000 IMM ftpbtn~ M6 JAM_ esr STREET SECTION W No TO SCIAU ANDOVER, MN. 55304 At JI -0 a NOT TO SCALE(763) 862-3281 SITE PLAN 3 iz-aZ 35 -------------------------------------------------------------------- I 1 11 \I 1 i I I 1 I I 1 I , II 1 � M , , d ' ' I Y , I 1 I I , 1 I 1 1 1 I ' I I ' 1 I I S ' � •ti 11 I ' � 'r�► ( � �' � N I , int , I h ! � :fes . ,% •� �ir i l; j. I � 1 I . • /� / r 1 I. ,1 1 IMA wm T • • . /r % ' ` �y tDr1Ai4+5.Te ,[, If t VCRFY 1 � / 1 11 1 1 ( • {' 1 1 1TOMi9DL0 :; t TR=9Deo j j h ,• j. 53 + �, 62 1 1' I II 1 I ;1 I , , I 11 \ 1 � � / ' � s MVa959. • I I Ij• --- ' 1 __— • V 1 I ' /� 54 I 66 1 I I I 1 ii • 1 I 'f t or / 1 1 »I _ r I vc' i 1 • 1 I '.1 Y IIMw96o.2s 1 •" ��� j INVsDAS.T3 ' � 1 CNOIJA r— — ----- ,_- I ¢ REMOVE & SLAW GE EJIL HYDRANT It VALVE I CONNECT TO El. 12" EAP w/ 12' T 8- REDUCER i 1 ti VALVE. NSTALL 8' f 6- TEE AND SALAVAGED 3i; 011MANT. EXTEND 8' LAP AS S110TRL. V Attachment 9 of I I I I .1 II 1 .I . I 1 j l I �_ w O1NER5 r.0 J I 1 I i 9 stun MH t RIM=982.^0 I IMV..fSa.D3 IM11.9�9.98 �:. CONSTRUCT DREW FOR SOUTH P&M INV -967.9 I 1 ti t i ' 1 ' IPowarT I rwt10Mi9ezo tVRa984.2 A 11wRa!!lI.S 110w/i988.7 L ----------- ale... b. ENNCC7 10 DI. MM. r TEE 10113, 1. ALL UTILITIES SMALL BE TO CIrT OF MARIWOOD STANDARDS. T. 7.3' MNMUM COTER OM MATEUM M LrGgN 3. 10' IIoRQDMIAL SEPARATION mmvu 1 DENOTES DWINC WAIERMAN SANITART SEWN MAD WATERMAK DENOTCS EXISTING SANITARY Sms 4 SILT r9MCC SHALL 9E NaTALIlD AROUNDDENOTES EXISTING STOW 5EMC11 ALL STORM SrWtR STRUCTURES LOCATED N THE REAR TARD AREAS. �y DENOTES ERASTING UIILITT POLE a ALL naTMc UTILIrT ELEVATION SMALL a WHIMS EXISTING CARLr 90% DE FIELD VERIFICO. III DEMOTE! CNISTMIC Trlt7M101K DOM DENOTES ERISTRIC Ia' TO 10' NORMAT POE INFE MATt9WSs MnA. DENOTES EgSTMC WE lot SAWARY SEWER - f- PVC SSDRSS . 0.8% MN. SLOPC �as� DEMOTES EXISTING S FOOT COWKW AIMERVAL $AWAffyTMA SERVICE - .- PVC (SDR3S OENDTES EXISTING I FOOT CONTOUR INTERVAL wATERrAr+ -- E• t e• DIP (Cl.u� WATERMAN SERVICE - t' COPPCX DENIMSaISI1Na rtwcE STORY SCWCR -- KIP --- . NpAM DE Gar. SOIL sonsmi; rT GME coMsuLTAom OR /1/3_/94 T � DEMOTES EXMINC ELEVATION 0[NOTES It to MAICRMAM DEMOM 11111WOSED SANrtART XWER MAO MANNOLE DENOTES PROPOSED STORN fEWFR AND CATCH BASIN ,Iltgt /AAKY orwiim GARA.T: c 90 $TIAL$ AVVNIAT r f0 S7ALlS Aall-IAYIEI _MFS 'WAG[ + Iff $TAUS DRIVEWAY . 52 S/ALES Off SFRE17 s S> SPALLS TOTAL 374= = J77 STALLS Y.SS SFALLS PER UNr s' 1T W s e K a7 t le• N. 1 A 2001. IL t IO 2 1 I/s' - 423" TPTE 41A WARM 0001sc I I/f- - 4E340 IPTC eIA WCA11T1MG C A2357 TACO COAT 112337 tKr COAL Ae/N1 EfIG1y am /AA oAr4 speeMAt.Rw1 or supwo M powpome-d ~ I TIMI Y WW/ .ir..'I t - ei3AR TTPC 32D XASC COURSE i!' - e23ee TTPE 32{ RAS COURT[ fu/nrieMn end If1e1 f eel o AYq pr any r - NN/XaT 2E{I CLASS c AAGGRE6IIC EASE r - IIM/60t 2211 cuss 6 AAeAaEr+TE sAs[ stsool r.Na„iler gree.. eN.I. of L... a Iw. Is %T. Slele el Aon.er.b. Mwam DCSN{M -Dur cowpor MRI/fut xsTa •D412' CONCRETE . CURD t GUTTER CARD l GUTTED 9. O 1875 COMMERCIAL BLVD. A>er z 1e , STREET SECTION 'B' felines ro5jo p n coow Nit,)MA � STREET SECTION 'A' NOT TO SCALE ANODVER, MN. 55304 NOT TO SCALE (763) E62-3261 PROPOSED UTILITY 'PLAN 36 3- / Z - 0Z ORAFMCSAINT PAUL VICINITY I l I ; � ` I � I \ i P , Q E X C � I � 1 I I I 1 1 I ROSEWOOC II 1 I I ; I 1 N ,� I I I �� r• 6► 4 ''2-1 7 ' ..- Ir" f1L/' �f W ,".. � ( -• f I �' �� • . `fin i' Z. oq 69 1 rioN.Me..o t 555Z I j T j it fI I s �� t2- 11[ • 1) % I ► • s+IlTw , (MAYA ,( ' I •� i bi I � ' 1 1 ' or CD I, TYPICAL INFILTRATION AR EA I' ' DETAIL 1 s r •� 1, ! � 1 ITA 4 ss ' � 1 I /�' _�- - �� • 2-n„ . Attachment 10 FORNam= &10 rM4N orrN am l+ 10 m rrJjd.ff Alfft IT INAWMFXW SUWACEr .IDX AJECOMPANIES', INC. ,� ,,,� "'� '°` PAOWNW 3.au fAwtT ATACWM 4.444E86. SFAUS In The City Of Maplewood °"W2- = - Sr " ruR•rAller uw►s: "Aor- s7AtlJ OMNEMAY ■ 37 SIAUS Off SINE► sS7 WAUS 707M STAUJ • !7T STAIIS . AW SrAUS 2-q 447 I�I��rE�f�Lrra�►u;>•.rar:rr.r- i�����,� of :��� I ' ..ac • ��: , Imo• Pit I - ., SfffL I awmrlm Scwaug L MTS7All Sal JFITCC 2. 1166M SAE agar" a STar tar Sat L IGNW .W Is ID MUI Tonin adnVACO .KAT s MCN OISAMAEO Awls (MrW ►• DArs tarot oalrrlemw a ".ftw) am y •. gl • ca rolc?m A SWW LONSRFOrrm f SEEP MID MACH NEM(.- affirm" AMUS (NIl1AY !I lulls f"o1I C"WE710N a, CA40M(•i 7, A1101Y10I/At 19MMM mrsr10 awr for EOMW ~9 t AW MEs7at"all mo MWr CWz1^ MW. I — — — MA�NDI.IA f g itE USE : W :� R to t I • "'�— ROCK ENTRANCE DETAIL I , I NOT TO SCALE Tr I I r 1T tY P ? N• 7 Lf N N �t 2MI 111Y, •� 2.tIFa M i .a4s :2-842-2- a Ac A .•-i' man. AAAA FAMrTIL AR.f# fncr .A.c 1 yr - 093" TPTE 41A KAMINS COME I yr - SE3.F IPVC .0 MI WCAYG COLMC naw OefCsfr 2 ■wK Au ms" Ano T" Aepr 110887 TAU CMT SM7 TKO COPT AT AIIQ SW W =u9W --• � TES Blows t4ATMwM ---))0---- OCMOIrf p4tNG Winno S[K. a OFNOM p4TN0 mury PW 0 onion 01411008 CASTE to e< SENoxs ExIsINt: Trunwig no '. DENOTES b1STNC 10• To ti' NWMv PW INK 0ETAMra1 DIUM Wr Lint �-■A� ""15 .011111108 b ruin tommm N11EE.K OENO,ES O15 M0 1 FOOT CMnOW Mn[MYAL «�» 110101[S CieSINO $Tom KVOM SM 1011106 ITT GW 0014SULTANiS ON 11/200/94 • ATAAD 42-X010 Blows EEEYAT08N J" oEMmn FMorme M Gums LM4 .1tN.tra orNo n ►MoFosn SPAIC5 —...-» o"Wn 0110roull to FORT Corn" INCOMES rRUPOSrD 2 triol CONTOUR 0814118 rfrwAIGN AMEA (WE MAIL) • �� TICNOTES Su MWC ...�y.�.� MOTES FMOrOSEO STOMP SEMEN Am CATCN SAM 't'1 1 uT OIII sal LOW W 4A t - 134AA "PCR. .AQ [OtlSC 2' - 0220 7101E XM MASE CWMEC It.o ur �.. rul"'� r - PWWT 2W CLASS a "GGKrATE USE r - "WSW 2811 CLASS c "GiMCGATE on 11100n1 14WIM IIrO M '0412- COWINCTE WVWT XMGN •001?' COMM cum L EUTIEM CUD. a WATER TYPICAL SILT FENCE INSTALLATION 1875 COMMERCIAL BLVtl. NOT TO SCALE STREET SECTION 'A' STREET SECTION 'B' NOT TO SCALE NOT TO SCALE ANDOVER, MN. 55381. (763) 862-3281 PROPOSED GRADING PLAN 37 I #WWI AMMr Ila$ MTA plea Ap"OkAIAP A. row wa pMPAMN !r ~ W rVrr err ■hN --I "PerWAlo" Aw/ Met I Aw A Awrl lkr gr Po■ -si-W EerA.w ~- MA r■A of ow .ver of 2-.,t.... 9 A.2- :nF m ,r.Mt.Nwrn Aa Jit - A -do -r: S/F/-. -tin' low-ovs) Attachment 11 **Wr# AND AJC C. p a. Inc. f7rY[IfNYR: 1173 Cawm chd Sar0..er4. MOR./1 ....0 , MN SSJOA PRELIMINARY PLA T (TJI "ved J 111RYrrVR •UIO Wdr.N LaW . rr...,.., �j OCSI6NCR: • 0.0 rASI•...n, Ins. SPR IoeAnoN Or • M:&:* y� j3J" 07,13) Jim. BEAVER LAKE TO WNHOMES cuRmic r ARQ: R -J j� tutu nroircr ARur R-1 ..,.. FOR r ro►.0 uNrrs, lae O[,Vgrr (UM1rS/ACRC): 3.J! AJE COMPANIES, xrsnNo W179"OUS ARCA: 1.?R AAnA CWHIC WALZ /CXISM0 WCO"OUT ARCA: 1.JR Asrs. T 1 ' INC.• rorAf. INKNIOMS ARCA: L ff3 Acme `ALA �' In Th e Cl ty Of Maplewood r>� 19.Acres40 f• 50 MAL ornr SPACE r Avimr AAW 19 .41 A VICINITY PLAN 4 I I I I 1 I I 11 , F 1 I I 11 I 1 I n I 1{ II 1 I 1 : I 11 r 1 I I 1 v I r 1 I TIER I I 1 I 11 I '� �I 320 �- - - .- •� T1,- ' 1 1 11 rap Nsrse gr i 4 " ;Ir r t I . i d� r I t r t ' t 53 l vz i; 't .r rr ;, �r t ,r I 1 1 1 ; 1 ; 1 I 1 I A' IY/rRYIOVS SURrACC: JIM 1 O/CN SPACE. "M , /AW OCOMJ /pN: 8.89 A. * 111AR YLAND- 1— A VEN CIE--- -- �}- t r28e.fs A,tr PRIVATE DRI EIIA - - 1 1 9S I 141 40 I 30 38 37 Fro .+'D IAO , -�•'' '� . �," '•,ti c •. TIER 4 ; : > �..,, 'L. I W I ' ' ter se -.Idr> --::::............. . I I EAST ROSE :C ,,`•, - , _ }_-- -- -- - Il AVENUE ;' � .• � , i ,. , .� . ,�-' _ _. _.• ..-ter', l I • -- --------- - —'•= % - s��. !�' ���w/� •,..•• a .; :'�. '�:'' '•'' 1-• ' ' i' e Pao Pao �' ' , - j. . rwo 30 3433 I o I_ 11 29 �rvas'ss• l eY "GERANIUM A VENUE 1 I p I I I� i i 1 I i II � I ' 1 i a.r� I I 11 '1 t PRIVATE DRIVEMAY >, . av + r • Lar uo-. � , vars .vats � y � - - I PRIVATE DRIVEMAY PRIVATE DRIVE)FAY - - - ( SINGLE FAMILY TOWNHOME OETAIL 8 uNIT TOWNHOME DETAIL PROPOSED PRELIMINARY. PLAT = LOCATIONS FOR ADDITIONAL DRIVEWAY CONNECTIONS (2001 600 4 N PRELIMINARY GRADING, DRAINAGE, AND EROSION CONTROL PLAN OF JIM WCAIMM BEA VER LAKE TO WNHOMES( FOR GW H = = W x - AJE COMPANIES, INC. In The City Of Maplewood VICINITY PLAN 1 1 M 1 t I 1 I 1 \ 1� , 1 t 1 , t qq 1 P ' r 1� h I I I ' 1 II � 1 I I " 1 W I its , ' t, t I ' 14 CC 1� I t , •F_ ; �� t cQ cq Wes If C4 i, 1 r r� IN r I 1i rl jj!1 �f l- rsn I I !y !!y 53 , 1 i; s t� I t n, f, i ' I I r1 I -- Attachment 1-2 OMMp1 AMD AJC C.M/Mn1.1. ,n.. .. 0[YCLOriM. IR13 Glow. ivf AIZ)-. MM JlJOI (7f;J) 7JS�IJJA $U^TIDR AND AIIIr..I Low Jvr►q r. OCSMMCM: A CIA Cngrnwr.. fns. 710 C..I RAw *.d M.I.. Ye, JJJOJ PAN 711 -mot CUMMfMr 10M1MQ: R -J WA1 PA'OJCCr ARU: 11.44 A.n. Mru u1M73: ,u oCMS1rr (L-ITIACMr)t J.JJ CATfr1MD AI/CRYM S ARCA: I,1f Asn. r'MrOSCO IMPrRVIMS AAYA: 7.59 Acme MrA( O,r'CNWWS ARU: L83 Acme rnfDA47 NOM AAVA• 1.JJ Arms PNVM cD arro .YACC.- I /.N Asn. MIAs OIYM JWACC A AURJR AACA 18.0r Arm, Ar thoTnvut UWACC1 J1A X OPCM SPAM ANN PARR 000IG70M, d.1/ Asns AST Rosi A VENUE ;RANI UM i VENUE PROPOSED GRADING PLAN �20/J 39 Attachment 13 SITE PLAN CIN -APPROVED 1980 DEVELOPMENT PLAN -BEAVER LAKE HILLS 4� 4 N Seconded by Councilmember Collin yes x -Mayor Cardinal, Councilmembers Ah6ftsp-ach,, Collins, Koppen ays - Councilmember a luk Attachment 1.4 3. 7:30 P.M. (9:50 P.M.) Beaver Lake Townhomes (Maryland Avenue, Lakewood Drive to Sterling Street) A. Conditional Use Permit (CUP) for Planned Unit Development (PUD) B. Street Right -of -Way Vacations C. Easement Vacations D. Preliminary Plat a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. C. Associate Planner Roberts presented the specifics of the report. d Commissioner Matt Ledvina presented the Planning Commission report. e. Roger Larson, Midwest Land Surveyors and Civil Engineers, Inc. from Anoka, Minnesota, was present for the applicant, who was asking for an extension of 60 days. Mr. Larson further agreed to two extra days, a 62 day extension, to allow review at the May 14, 2001 city council meeting. Councilmember Collins moved to continue the meeting through the end of the A enda. Seconded by Councilmember Koppen Ayes - all f. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Thor Nordwall, 1142 Sterling Street North, Maplewood Roberta B eutel, 1057 Mary Street, Maplewood Rhonda Wenz, 2517 Geranium Avenue, Maplewood Steve Benjamin, 1060 Lakewood Drive North, Maplewood Agnes Benjamin, 1060 Lakewood Drive North, Maplewood Terri Sablak, 1172 Sterling Street North, Maplewood Tim. Kennedy, 1134 Glendon Street, Maplewood Richard Gilbert, 1140 Glendon Street, Maplewood Kathleen Peterson, 1085 Mary Street North, Maplewood Margaret Lutfey, 1076 Mary Street North, Maplewood Jan Moddrell, 2514 Geranium Avenue, Maplewood Cheryl Johnsen, 1150 Sterling Street North, Maplewood Joan Doehling, 1115 Sterling Street North, Maplewood Lisa Earle, 1146 Glendon Street, Maplewood Thor Nordwall, second appearance Agnes Benjamin, second appearance Tim Kennedy, second appearance 3.12-01 41 11 :W Vit _ t l 3 appearance Kathleen Peterson, second Margaret Lutfey, second appearance 7J '' Ma or Cardinal closed the public hearing. - f y moved request that the developer and re resentatives of the nei hborhoo meet to Councilmember Collins • with somethin e uitable for the develo er the Ci of Ma lewood and Y with staff to see if the can come u is of the area andbrin it back to the council on Ma the residents 14 2001 at 7:00 P.M. , ember Ko en Ayes - all Seconded by Councilm pp • I . AWARD OF BIDS None a4, J. UNFINISHED BUSINtS,S None K. NEW BUSINESS �,.. 1. Redaction Authorization 720 Maplewood Drive)Servie Engineering Parkin All' a. City Manag er Fursman introdiwed the staf report. �N uni Develo men Ilrector Ekstrand presented the specifics of the b. Assistant Community p report. sented the `'�ommuni Design Review Board report. C. Boardmember Matt Ledvina pre ty • rove r rkin waiver for Se ,ice En ineerin 2720 Maplewood Councilmernber Koppen moved amp a raa •(1,-4)ad sub'ect to conditions 5a b :Dnve based on the followin reasons,y { \ 4 • are enough ark' , s aces for the building's 1. The applicant has shown that there g p p _ current parking needs. i !1 t is not planning to add personnel with this additio . 2. The applian p g • further violate the im rvious surface 3. Pro ing more paved parking on the site would nts of the shoreland ordinance. The site is currently exceeding t i s re creme quirement. ' agreed to a restrictive covenant being recorded against his y 4. The applicant has verbally e to regulate the es of businesses in this building based on their degree o property g � traffic generation. • owner doing the following before 5. This approval is conditioned upon the property g obtaining a buildingpermit for the second -story addition: 1 _ - 12, 42 Attachment 15 H. PUBLIC HEAMNGS 1. 7:00 P.M. (7:15) Beaver Lake Townhomes (Maryland Avenue, Lakewood Drive to Sterling Street) A.: Conditional Use Permit (CUP) for Planned Unit. Development (PUD) Be Street Right -of -Way Vacation C. Easement Vacations D. Preliminary Plat E. Park and Open Space Purchase a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. c. Planner Ken Roberts presented the specifics of the report. d. Assistant City Manager Melinda Coleman also presented information about the report. e. Mayor- Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Bob Zick, 1880 E. Shore Drive, Maplewood Thor Nordwall, 1142 Sterling St. N., Maplewood Tony Schwartz, 1142 Evar St., Maplewood Tim Kennedy, 1134 Glendon St.-, Maplewood Ginny Yingling, 773 Dorland Road, Maplewood Robert Johnson, 1060 Mary Street, Maplewood Gary Cooper, 1057 Sterling Street N.-, Maplewood Pat Meron, 1043 Mary Street, Maplewood Jeff Engelen, 2357 Case Avenue, Maplewood Wayne Haag, 2407 Stillwater Road, Maplewood Ted Ginkel, 2415 Stillwater Road, Maplewood Cindy Hofmeister, 995 Lakewood Dr. N., Maplewood Georgianna Kemper, 2513 E. Geranium, Maplewood Kevin Berglund, 1929 Kingston Avenue, Maplewood Renee Readel, 215 East Larpenteur, Maplewood Tom Hofmeister, 995 Lakewood Dr. N., Maplewood Margaret Lutfey, 1076 Mary Street, Maplewood Annie Benjamin, 1060 Lakewood Drive, Maplewood Steve Benjamin, 1060 Lakewood Drive, Maplewood William Robbins, 2277 Stillwater Avenue, Maplewood Kathleen Peterson, 1085 Mary Street, Maplewood Planning Commissioner Gary Pearson, Beaver Lake Estates, Maplewood 5-14-01 43 4 f. Mayor Cardinal closed the public hearing at 10:22p .m Councilmember Kenneth Collins moved to continue the city ccuncil mePt;ng ;vn±il nll b �:s:nPse ;c completed: Seconded by Councilmember Wasiluk. Ayes - All Councilmember Collins moved to require the city to hire an independent consultant, paid for by the developer, to complete an Environmental Assessment Worksheet for the Beaver Lakes Estates proposed development because of the potential significant issues including: traffic � g effects on the creek bed, the proposed buffer is not significant enough to protect the creek from development, and that the developer did not supply enough 1 information relating g to storm ponding and run-off to the creek and adjacent and/or connecting lakes. Seconded by Mayor Cardinal. 5-14-01 44 Ayes - Mayor Cardinal, Councilmembers Allenspach, Collins, Wasiluk Nays. - Councilmember Koppen 5 Attachment 16 John Kohler, Semper Development, LTD Robert Bell, Representing the Owner of the Building Raleigh Nelson, Owner of the Building '11 Rossbach, 1386 E. County Road C, Maple . od Emil zenegger, 245 5 Londin Lane, �ea wood Kathleen Juenemann, 721 Mount Ve aplewood Scott Venne, Executive Director the White Bear Avenue Business Association, 1829 Sims Avenue, St. -Paul*-, Ananth Shankar, Maplewood Design Review Board d. Mayor Cardinal closed the public hearing- Councym, ember Koppen moved to approve the revised site planaf�o. Walgreens according to st4WK revised plan and modifications. Seconded by Councilmember Allenspach Ayes -Mayor Cardinal, CounciEhember Allenspach, Wasiluk, Koppen Nays-Councilmember Collins 2. Receive Comments and Responses on Environmental Assessment Worksheet (EAW) for Beaver Lake Townhomes--City File No. 01-10 Councilmember Koppen moved to receive all comments and responses to the EAW document, along -with the Findings of Fact, for the Beaver Lake Townhomes Planned Unit Development. Seconded by Councilmember Wasiluk Ayes -All 3. Consider Finding of No Significant Impact (FONSI) on Environmental Assessment Worksheet for Beaver Lake Townhomes--City File No. 01-10 Councilmember Koppen moved to adopt the following resolution determining that the environmental rule reouirements have been met and that the uotential environmental effects are not considered significant enough to warrant preparation of an EIS, and further that plans for storm water, grading, erosion control and buffer/turf management shall be submitted by the proposed prior to site plan, and final plat consideration, and further, that this negative declaration be distributed to all Darties on the State Environmental Oualitv Board distribution list and all ersons commenting in writing on the EAW: RESOLUTION 01-09-91 BEAVER LAKE TOWNHOMES PLANNED UNIT DEVELOPMENT ENVIRONMENTAL ASSESSMENT WORKSHEET WHEREAS, the City of Maplewood is the Responsible Governmental Unit for the Environmental Assessment Worksheet (EAW) for the Beaver Lake Townhomes Planned Unit Development at the corner of Lakewood Drive and Maryland Avenue; and 'WHEREAS, the EAW was prepared and distributed to all parties on the State Environmental Quality Board (EQB) distribution .list, as well as local agency representatives and the petitioners' representative; and 45 WHEREAS, the EAW Notice of Availability was published in the EQB Monitor on August 6, 2001, beginning a 30 -day comment period that ended on September 5, 2001; and WHEREAS, a meeting sponsored by the City of Maplewood was held at the City of Maplewood Fire Station on July 23, 2001, to receive input from interested persons; and WHEREAS, written comments on the EAW were received and considered from nine parties; responses were developed, and findings were prepared; and WHEREAS, the City Council has the authority to make the final determination on the adequacy of an EAW and the related or negative positive declaration as to the need to prepare an Environmental Impact Statement g (EIS); and NOW, THEREFORE, BE IT RESOLVED, that the EAW requires that plans pertaining to stormwater, grading, erosion control, and buffer/turf management be submitted by the project proposer for review and approval, and that the City will consider the project density, the inclusion of public trails, and protection of the buffer zones, prior to approval of the site plan and final plat. BE IT FURTHER RESOLVED, that the City Council has determined, based on the findings contained in the Record of Decision, that the environmental review requirements have been met by the Environmental Assessment Worksheet prepared for the Beaver Lake Townhomes Planned Unit Development, and the potential environmental effects are not considered significant enough to warrant preparation of an EIS; and BE IT FINALLY RESOLVED, that the City Council requests that the negative declaration be distributed to all parties on the State Environmental Quality Board distribution list and all persons commenting in writing on the EAW. Seconded by Councilmember Wasiluk Ayes -All K. NEW BUSINESS \ � 1. Approve Purchase of Talc rfeit Property from Ramsey ounty for Storm Pond Purposes at Beaumont and Larpenteur. / Councilmember Koppen moved to acethe folio properties for purposes of storm water hol %ark RESOLUTION 1-09=1 TAX FORFEITED PROPERTY CQUIS resolution to acquire the tax -forfeited inLr: RESOLUTION WHEREAS, The State of Minnesota has declared ce ain properties held in trust%ated within the City of Maplewood, County of Ramsey, State of Minnes to be Tax Forfeited; WHEREAS, The Office of/Fends, Department of Revenue and Taxation, Ramsey unty, Minnesota has granted the od opportunity to acquire said properties pursuant to Mi ota Statutes, Section 282.01, SWHEREAS it is incumbenprovide for control of storm water runoff and drainage l 46 16 :-w .......... ........ .... . i �I i I I 11, Attachment 17 c. Indicate the number, location, size and use of any above or below ground tanks to store petroleum products or other materials, except water. Describe any emergency response containment plans. Response: A government records search was conducted by VISTA Information Solutions, Inc. The search did not identify any known underground or aboveground storage tanks located on the property. 21. Traffic Parking spaces added: Existing spaces (if project involves expansion): Estimated total average daily traffic generated: Estimated maximum peak hour traffic generated (if known) and time of occurrence: 460 1,100 vpd 110 vph during the PM peak hour Provide an estimate of the impact on traffic congestion on affected roads and describe any traffic improvements necessary. If the project is within the Twin Cities metropolitan area, discuss its impact on the regional transportation system. Response: A Traffic Impact Study was completed for the Project and is attached as Appendix B. The following is a summary of the findings of that study. Background and Assumptions The Lakewood Drive/Maryland Avenue intersection was the only intersection analyzed as part of this study. This intersection is currently controlled by an ALL -WAY Stop pondition. Intersection analyses were conducted. for both the AM and PM peak hours for the existing conditions (Year 2001), Year 2005 No -Build and Post -Development conditions, and Year 2020 No -Build and Post -Development Conditions. Level of Service A capacity analysis is a process that estimates the quality of traffic flow along segments of a roadway and through intersections. The key factors affecting capacity include roadway geometrics, traffic volumes, incidents and the types of intersection control. The results of a capacity analysis are typically presented in the form of a letter grade (A — F) that provides a qualitative indication of the operational efficiency or effectiveness of a specified intersection or roadway. The letter grade assigned to the analysis is referred to as level -of -service (LOS). By definition, LOS A conditions represent high-quality operations (i.e., motorists experience very little delay or interference) while LOS F conditions represent failing operations (i.e., extreme delay or severe congestion). LOS D is considered to be an acceptable level by the Iocal transportation officials for traffic operations in urbanized areas during peak traffic hours. In addition to each intersection having an overall LOS, each movement (left turn, through, and right turn) at an individual intersection also has a LOS. In some cases, the overall level of service at a particular intersection may be at LOS D or better; however, an individual movement at that same intersection may have a LOS E or F. The overall intersection LOS is calculated by using a weighted average of the volumes and delay associated with each movement. See Exhibit 1. Beaver Lake Townhomes Environmental Assessment Worksheet 47 August 6, 2001 Page 20. Existin, Conditions The existing conditions analysis showed that the intersection operates at acceptable levels during both the AM and PM peak hours. Year 2005 No -Build Conditions The Year 2005 No -Build conditions showed that the south approach is expected to operate at a LOS E during the PM peak hour. A possible roadway improvement to decrease the delay on this approach during the PM peak hour would be to install a traffic signal. The installation of a traffic signal would be expected to improve all movements at the intersection to LOS D or better and improve the overall operations of the intersection to LOS A. However, before a signal can be installed, a Signal Justification Report must be created to determine if the intersection warrants a signal (See Appendix Q. Year 2005 Post -Development Conditions Similar to the Year 2005 No -Build conditions, the Year 2005 Post -Development conditions showed that the south approach is expected to operate at a LOS E during the PM peak hour. As stated in the Year 2005 No -Build condition, the. installation of a traffic signal would be expected to improve all movements at the intersection to LOS D or better and improve the overall operations of the intersection to LOS A. Exhibit 1: Level. of Service Criteria LOS F 80.0 •i--'---• ,� ��i.�i�:%.sir;/.���;SY�—•---•—•._•.. U t L a Congested ca O ... 35.0 ----- O i L a� CL c O U a C13 - O L LOS D LOS B LOS A 1W N Congested V Congested - L a� CL a C13 - O L C O 25.0 - ------------U ------------ Signalized Intersection Highway Capacity Manual, Third Edition, 1997. ------------- Congested Congested ------------. Unsignalized Intersection Beaver Lake Townhomes August b, 2001 Environmental Assessment Worksheet = Page 21 4� Year 2020 No -Build Condition Duringthe AM peak hour, the north approach. to the intersection is expected to operate at a LOS . E. Durin►b the PM peak hour, the overall intersection is expected to operate at a LOS F with the north approach expected to operate at a LOS E and the south approach expected to operate at a LOS F. As stated in the Year 2005 No -Build condition, the installation of a traffic signal would be expected to improve all movements at the intersection to LOS D or better and improve the overall operations of the intersection to LOS B. Year 2020 Post -Development Similar to the Year 2020 No -Build conditions, the north approach is still expected to operate at a LOS E during the AM peak hour. During the PM peak hour, the intersection is expected to operate at a LOS F with the north approach expected to operate at a LOS E and the south approach expected to operate at a LOS F. As stated in the Year 2020 No -Build condition, the installation of a traffic signal would be expected to improve all movements at the intersection to LOS D or better and improve the overall operations of the intersection to LOS B. Sight Distance on Lakewood Drive The Mn/DOT Road Design Manual recommends a minimum decision time of 5.7 - 9.5 seconds, which translates into approximately 335 to 560 feet, for a 40 mph roadway. The existing driveway located approximately 600 feet south of Maryland. Avenue provides approximately 535 feet of sight distance looking south towards the crest vertical curve, which app y g translates into approximately 9 seconds of decision time. This value falls into the upper range of PP y . the values taken from the Mn/DOT Road Design Manual. proposed driveway located approximately 1,300 feet south of Maryland Avenue provides The prop y FP y approximately 385 feet of sight distance looking north towards the crest vertical curve, which translates into approximately 6.5 seconds of decision time. `This value also falls into the range of valuesP rovided in the manual; however, this distance is at the low end of the range and may not provide sufficient sight distance for this location. Ae ossiblmitigation to improve the sight distance would be to move the proposed driveway p g P approximately 190 feet to the north. This may achieve two goals: v' this proposed driveway to the mitigated location, the driveway would be located a. By moving p p y b approximately at the highest point of the crest vertical curve., which would provide adequate sight distance for both directions on Lakewood Drive; and, b. The Site plan for the proposed development could be modified by placing the driveway between the southern most multiple -dwelling unit and the multiple -dwelling units to the north. The southern most unit would need to be moved to the south to accommodate this new driveway location. Beaver Lake Townhomes August 6, 2001 Environmental Assessment Worksheet _ Page 22 - 49 - Sight Distance on Maryland Avenue The Mn/DOT Road Design Manual recommends a minimum decision time of 5.7 - 9.5 seconds, which translates into approximately 250 to 420 feet, for a 30 mph roadway. A vehicle exiting Sterling Street onto Maryland Avenue currently has approximately 360 feet of sight distance, which translates into approximately 8.2 seconds of decision time. The proposed development would be expected to improve this sight distance by making the land immediately south of Maryland Avenue flatter and removing the tall grasses, both of which decrease the existing sight distance. Site Access from Maryland Avenue Staff from the Ramsey County Transportation Department has previously commented on the Project indicating a preference for minimizing the number of access points along Maryland Avenue. If a common driveway or an alternative with fewer driveways onto Maryland can be implemented without increasing the impact to the'creek buffer, the Project should consider revising the Plan to include fewer access points onto Maryland. This would provide a safer log term condition for this roadway. Traffic Mitigation Summary A number of potential mitigation measures were identified as a result of the Traffic Impact Study completed for the Project, including: Installation of a signal at. Maryland and Lakewood. This would provide a long-term improvement to the Level of Service of this intersection. This measure however, requires a Signal Justification Report to be completed to determine if a signal is warranted per County standards. Sight distances for the southern Site access point on Lakewood suggest that the south access should be moved approximately 190 feet to the north to improve the safety for drivers. entering and exiting the Site at this location. The sight distance at all other access points are adequate, requiring no modifications. The number of direct Site access points from Maryland Avenue should be consolidated to the extent possible to minimize potential vehicle conflicts. 22. Vehicle -related air emissions. Estimate the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. Mote: If the project involves 500 or more parking spaces, consult EAW Guidelines about whether a detailed air, quality analysis is needed. Response: Typical of most developments, the proposed Project will generate air pollution as a result of increased motor vehicle activity. Motor vehicles emit a variety of air pollutants including carbon monoxide (CO), hydrocarbons, nitrogen oxides and particulates. The primary pollutant of concern is CO. CO is a byproduct of the combustion process of motor vehicles. CO concentrations are highest where idling vehicles are located for extended periods of time. For this reason, CO concentrations are generally highest in the vicinity of intersections where vehicles are delayed and emitting CO. Generally concentrations approaching state air quality standards are within about 100 feet of a roadway source. Further from the road, the CO in the air is dispersed by the wind such that concentrations fall off rapidly. Beaver Lake Townhomes August 6, 2001 Environmental Assessment Worksheet Page 23 50 Attachment 18 29. Cumulative impacts. Minnesota Rule part 4410.1700, subpart 7, item B requires that the RGU consider the "cumulative potential effects of related or anticipated fixture projects" vvhen determining the need for an environmental impact statement. Identify any past, present or reasonably foreseeable future projects that may interact with the project described in this EA W in such a way as to cause cumulative impacts. Describe the nature of the cumulative Impacts and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to cumulative impacts (or discuss each cumulative impact under appropriate item(s) elsewhere on this form). Response: There are no other planned projects in the general area of this Project that are expected to have an additive adverse impact with this Project. 30. Other potential environmental impacts. If the project may cause any adverse environmental impacts not addressed by items Ito 28, identify.and discuss them here, along with any proposed mitigation. Response: No other potential environmental impacts were identified. 31. Summary of issues. Do not complete this section if the EAW is being done for EIS scoping; instead, address relevant issues in the draft Scoping Decision document, which must accompany the EA W. List any impacts and issues identified above that may require further investigation before the project is begun. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. Response: Wildlife and Ecologically Sensitive Resources Development of the Site will result in a conversion and loss. of wildlife habitat, which will result in a population reduction of some species and relocation of others from the Site. However, given the commonness of the urban wildlife species that occur on the Site and the availability of similar habitat in the general area, the impact to wildlife will not be substantial. Blanding's turtles, a state threatened species, is known to occur within an half mile of the Site, however, based on habitat requirements, this Project is not expected to have an impact on populations of this species. Preservation of the creek corridor will lessen the impact -to wildlife. Water. Resources The Project will maintain or reduce the rate of discharge and maintain the quality of runoff from the Site by providing controls for that purpose. A storm water management plan needs to be developed and submitted to the City and RWMWD for review and approval. Wetland fill exemptions also need to be verified and coordinated with the Army Corps of Engineers and the RWMWD. Grading and Erosion Control Plan showing how the Project avoids grading for housing within the Buffer Zone, and- a Buffer Management Plan that outlines the long-term protection and maintenance of the buffer zone will also be required. Water -related Management Districts The Project is outside of the 100 -year .floodplain and- therefore has no floodplain impacts. The Project is located within the Maplewood Shoreland Overlay District, which is overseen by the Beaver Lake Townhomes Environmental Assessment Worksheet 51 August 6, 2001 Page 31 City Zoning Code. The Project must comply with this code through obtaining an approved Planned Unit Development conditional use permit. Utilities The current water, sanitary and storm sewer utilities are expected to have adequate capacity to service the Project. Hazardous Waste Hazardous materials were not identified on the Site. Two off-site spill or leak sites may result in contaminants being carried through the Site via groundwater. Additional testing may be required to determine if Site soils near those spills are contaminated. Traffic A Traffic Analysis has been completed for the Project, which identified a number of potential traffic improvements that could improve the level of service and safety in the area. Three potential mitigation measures include: 1) installing a signal at the intersection of Maryland and Lakewood, 2) changing the number of access points for Site access from Maryland Avenue, and 3) moving the proposed Site access point on Lakewood Drive north about 190 feet to maximize sight distance. Vehicle -Related Air Emissions Predicted CO concentrations at the intersections modeled will be in compliance with state and federal: air quality standards for the traffic conditions evaluated. For all conditions modeled, the highest one-hour and eight-hour predicted concentrations will be 1.2 and 0.1 parts per million (ppm) respectively. These values are below the Minnesota State standards of 30 ppm for one- hour and 9 ppm for eight -hours. Noise No traffic related noise impacts are anticipated as a part of the Project. There. are potential noise sensitive receivers near the Project Site, however, the traffic -generated noise will not change by a perceptible amount. Therefore no impacts are expected and no mitigation will be required as part of the Project. Historic Resources .j. No archaeological or architectural resources are known to occur within the Site. Due to severe historic impacts from numerous grading and filling activities, there is little potential for intact archaeological materials to be present within the Project area. Views The Project complies with the building height requirements and impervious surface restriction of the Shoreland Zone for the Site. Detailed landscape, grading, erosion control and storm water plans are required for review to determine compliance with the Shoreland Ordinance. Based on the analysis completed for this EAW, there were a number of additional submittals and . Y P documentation that will be required by the City from the developer for this Project before a PUD and other approvals can be made. Those include: • Storm Water Management Plan that demonstrates compliance with the City and RWMWD requirements for water quality treatment, �-August 6,'2001 Lake Townhomes Environmental Assessment Worksheet Page 32 52 • Landscape/screening plan to illustrate how the Project will be screened from the. view of the Lake, • Grading and Erosion Control Plan showing how the Project avoids grading for housing within the Buffer Zone, and • A Buffer Management PIan that outlines the long-term protection and maintenance of the buffer zone. Beaver Lake Townhomes Environmental Assessment Worksheet August 6, 2001 Page 33 DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS ARMY CORPS OF ENGINEERS CENTRE 190 FIFTH STREET EAST ST. PAUL, MN 55101-1638 March 27 2002 Attachment 19 Construction-OperationsR E V17 Regulatory (02-00363-TJF) MAR 2002 T E h Mr. ony mmeric AJE Companies, Inc. 1875 Commercial Boulevard Andover, Minnesota 55304 .Dear Mr. Emmerich: We have been advised that the plans for the Beaver Lake Townhomes project in Maplewood have changed. The project is located in the NW 1/4 of section 25, T29N, R22W, Ramsey County, Minnesota. In October 2001 our office prepared a letter that indicated a Corps of Engineers permit would not be required because the - wetland areas being filled were not considered to be waters of the United States (see attached letter). It appears . the revised project would not involve the discharge of dredged or fill material into any other wetlands on the site. Therefore, we have determined that the revised project also will not require a Corps permit If you have any questions, contact Timothy J. Fell in our. St. Paul office at (651) 290-5360. In any correspondence or inquiries, please refer to the Regulatory number shown above. Sincerely, V. Robert J. Whiting Chief, Regulatory Branch /F:City of Maplewood Printed on Recycled Paper 54 DEPARTMENT OF THE ARMY ST PAUL DISTRICT, CORPS OF ENGINEERS ARMY CORPS OF ENGINEERS CENTRE 190 FIFTH STREET EAST ST. PAUL, MN 55101-1638 October 23, 2001 Construction -Operations Regulatory (02-00363-TJF) Ms. Beth Kunkel URS Thresher Square .700 South Third Street Minneapolis, Minnesota 55415 Dear Ms. Kunkel: We have reviewed the Environmental Assessment Worksheet (EAW) and Negative Declaration regarding a project of AJE Companies, Inc. to construct the Beaver Lake Townhomes project in Maplewood. The project site is in the NE 1/4 NW 1/4 Sec. 25, T. 2 9N . , R. 2 2W . , Ramsey County, Minnesota. We have determined that the 2 small wetland basins proposed to be impacted by the development are not "waters of the United States" because they are: (1) not "navigable waters" as defined by Federal law, (2) not interstate waters, (3) not part of - a tributary system to (1) or (2) , (4) not wetlands adjacent to any of the foregoing, and (5) not impoundments of any of the above. In addition, the interstate commerce nexus to these particular waterbodies is insufficient to establish Clean Water Act jurisdiction. These waterbodies are therefore not subject to regulation by the Corps of Engineers under Section 404 of the Clean Water Act. Please note that a water that is not navigable under Federal law may still be "navigable"as defined by state law (and may therefore be subject to regulation by the state)... This jurisdictional determination takes into consideration the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. Corps of Engineers (the SWANCC decision) . According to the EAW, these 2 areas are about 0.2 acre in size. This jurisdictional determination is valid only for the project and waterbodies referenced above. If the project is changed such that discharges of dredged or fill material would Occur in the other 3 wetland basins identified on the site, our office should be contacted. Further review would be required to determine if the Corps of Engineers has regulatory jurisdiction in these areas. PLEASE NOTE THAT THIS LETTER DOES NOT ELIMINATE THE NEED FOR OTHER FEDERAL, STATE, LOCAL, OR OTHER AUTHORIZATIONS (SUCH AS THOSE OF THE DEPARTMENT OF NATURAL RESOURCES OR COUNTY). Printed on Recycled Paper 55 2 .- If If you have any questions, contact Timothy J. Fell in our St. Paul office at (651) 290-5360. In any correspondence or inquiries, please refer to the Regulatory number shown above. Sincerely, lb J. iting J'Chief, Regulatory Branch Copy furnished to: Ramsey.County SWCD 56 Attachment 20 To: Mr. Ken Roberts ✓ Lieutenant John Banick From: . L� -.� Subject: PROJECT REVIEW (revised plan) - Beaver Lake. Townhomes Date: March 23, 2002 I have reviewed the attachedJ ro' ect proposal and continue to have the following p p p concerns: l 1 I am concerned about the safety of the motorists who exit from the south exit onto Lakewood Drive. As. noted in the attached memorandum, I recommend that all traffic exiting the south exit be required to turn right. 2. p Again, will this development generate a substantial increase in the number of police and medical calls for service? Other then the above noted concerns, I do not see any other public safety issues related to this project. cc: Chief Winger 57 I M0 i To: Ken Roberts From: Lieutenant John Barukk Ta Subject: PROJECT REVIEW. - Beaver Lake Townhomes, Lakewood & Maryland Date: January 24, 2001 I have reviewed the attached project proposal and have the following concerns: 1. Will the increase m population and vehicular traffic in the area generate a substantial number of police/paramedic calls for service? 2. According to a Ramsey County Traffic Engineer, the intersection of Lakewood and Maryland is not currently scheduled for traffic signals. Over the past -several years, traffic congestion has increased significantly at this intersection. How much additional vehicular traffic will this development create? Will the increase in traffic congestion hinder our ability to provide adequate emergency police/paramedic response to the south end of -our city? 3 I recommend that motorists who exit the "West Area" from the south exit be restricted to a right turn only onto Lakewood Drive. Considering the - current speed limit, amount of traffic (including heavy truck traffic), and terrain of the area, a left turn from this particular exit could not be done safely. 4. I recommend that some type of speed control (speed bumps or stop signs) be utilized on the private drives of both the `last" and "West" areas. Should children move into the townhomes, these private drives will become popular play areas thus creating a safety issue for them. Additionally, the length. of the driveways could entice unsafe and excessive speed in the complex. 5. LastlY , 'I would suggest that appropriate lighting be required along the length of the `East" and "Vest" private drives. This would increase resident safety and deter late night crime in this complex. Should you have questions please contact me at extension 4502. cc: Chief Winger I 0312500 1: 5� 6517042092 PWMWI� PE 02 Attachment 21 z RamseymWaShintfton Metra 1902 East County Road B . .IA Maplewood, phi 55109 (651)704-2089 . rC'p► fax: (651)704-2092 email: office@rwmwd.org Date: Applicant: Anthony Frnrnench MAR 2 5 2002 ROO Beaver Lake Townhom rs Permit No. 02-15 RECEIVED Dear Applicant: su'bn�ittin oua� radiri a; �d sio control plan to the Lei strict for review. Thank you f g y g The Watershed District staff has reviewea t the plans for consistency withthe polices and goals of the Watershed District: The following are charges to your plans which the staff feels are necessary for your project, The staff will he recommending these chanes to the Watershed Board in the form of special f -ovisions to your permit. If approved by the Board, these changes will he required. 'lease see attached sheets. 1, 59 1 03/25/2002 11: 56 6517042032 RWMWD 02 15 Beaver Lake Townhomes lal provision 1 EN':dence shall be provided that shows `Wetlands 3 and 4 were incidentally created f sequencing arguments and a nuRigation plan shall be submitted for the replacement of th(. �e wetlands. Special Provision All Ponds shall contained outlet struet kres and piped outlets DOOMSshall be provided for the outlet structures From Ponds #1, #2 #3 and #4. The outlet structures, in conjunction with thep onds, shall be designed to remove a minnnum of 90% of the Total Suspended Solids and. 60% of the Total Phosphorcus. A conceptual detail of the outlet preferred by the District is attached for your use. Special. Provision 3 All piped outlets shall extend to the normal water elevation of the creek. All piped outlets shall discharge into the creek b-' deflecting the angle of the pipe 45 degrees or greater, along the flow of the creek. Special Provision 4 A detail shall be provided icor the ever`; how swales. The swales shall all be a minimum 01 10 feet wide, l foot deep and complete',:.y lined with permanent erosion control material. Special Prevision 5 All silt fence along the stream shall be monofilament. penial Provision 6 All building low floor elevations shall be a minimum of 2 feet above the loo -year flood elevation of the storm water detention ponds. The normal water level of the ponds shall be eozisidered at the elevation of the outlet pipe. Into storage -shall be considered below the normal water elevation of the pond. Special Provision 7 All storm sewer outlets not discharging into the creek shall discharge at or below the normal water level of the receiving water body. The normal water level shall be considered as the outlet elevation of the outlet structure. Special Provision 8 The location of the rock construction entrance shall be shown on a revised set of plans. Special Provision 9 All disturbances within the stream buffer shall be restored with a native seed mix. A copy of this seed 'mix shall be submitted to the District for,review. PAGE 03 03/25/2002 11:56 6517042062 RWMWD PAGE 04 Special Provision 1 No curb cuts -shall be used. Storm sewer inlets and pipes shall be added to Pond ##4 and the pond south of Pond ##4. The proposed spillways shall remain as overflow swales from, the street to the ponds, .'Special Provision 11 An overflow swale shall be installed from the Aorm sewer inlet directly north of Pond #1 to the NWL of Fond C. The normal water level of Pond #1 shall be considered the same as the elevation of the outlet structure elevation of the pond. Special Provision 1 An overflow swale shall constructed between lots0 and1. The Swale shill extend from the overflow point to the NWL of Pond 01 . Special Provision 13 An overflow Swale shall be constructed between lots 21 and 22+ The Swale shall extend from the overflow point to the NWL of Pond #3. Special Provision 1 The, ovetflow Swale from.Pond ##i and Pond #3 shall be extended to the NWL of the stream. Special Provision 15 The overflow swale between mots 8 and 9 skull be extended to the KWL of the stream. Special provision 16 Documentation shall be provided showing that the applicant shall retain responsibility for aintaining the erosion control on the site until the entire site is pei-tnanently stabilised. m �;O pecial Provision 17 Hydrologic calculations shall be revised. The normal water elevation of the ponds shall be considered the same as the outlet elevation from the respective ponds. For the flood level calculations} storm water storage shall not be considered below the normal water level of the orad. All homes near theonds shall have low floor elevations a minimum p p of two feet above the loo -}rear flood elevation of the nearby pond. 61 Attachment 22 Beaver Lake Townhomes — Engineering Plan Review Chris Cavett, original review: March 07, 2002, (Revised 4/1/02) Drainage/ Storm Water Treatment /Rainwater Gardens: 1. Based on the submitted drainage calculations the areas labeled ponds appear to be bioretention basins/rainwater gardens. If the areas labeled "ponds" are actually ponds they must meet NURP design standards (2.5" runoff). If they are intended to be bioretention basins they must meet those requirements (1.25" runoff). The following segments explain the requirements for bioretention basins. BIORETENTION BASIN REQUIREMENTS: Rock Infiltration Sumps must be installed below the rainwater gardens to facilitate infiltration. Provide a detail in the plan. Rock infiltration sump ' should be a minimum of 4' Dia. X 3' tall. 1 1/2" clean clear rock wrapped in type 5 geotextile filter fabric, (felt). The top of the rock infiltration sump should be placed approximately 12 -inches below finished bottom of the rainwater garden. Provide details and a description on the plan of how the rainwater garden area will be prepared. The garden area should be sub -cut to provide 12 -inches of bedding material. The bedding material should consist of a mixture of 50% salvaged on-site topsoil and clean 50% organic compost. The subsoils in the rainwater garden should be scarified to a depth of 12 - inches before the bedding material is placed. The rainwater garden should be protected with silt fence after grading to prevent silting into the area, as well as compaction of the soil by construction equipment. The rainwater garden area should be topped before or after planting with "shredded" wood mulch. "woodchips" are NOT acceptable mulching material. A landscape plan for the bioretention basins/rainwater gardens shall be required as part of final plan approval. More information on bioretention basins can be found on the metrocouncil web site and view their BMP Manual: httD://www.metrocouncil.ora/environment/Watershed/bmv/manual.htm or contact Chris Cavett, Maplewood Assistant City Engineer, 651-770-4554. 2. Submit permit application to Ramsey -Washington Metro Watershed District for review. 3. Permanent soil stabilization blanket (Eukamat, Meramat, NAG C350) needed at Pond #4 at lft curb cut on Private Drive A and at end of driveway between buildings 51 and 52. 4. Include catch basin and storm sewer or regrade swale between drive and retaining wall at northeast corner of building 50 to drain runoff to Pond #4. .5. Add catch basins and storm sewer to the end of the extended driveway between buildings 52 and 51 to drain runoff into Pond #4. 6. Ponds #113 and 4 require either an overflow structure or swale. Swales would require a permanent soil stabilization blanket. 7. Pond #4 requires 2ft of freeboard to adjacent buildings. Grading and Erosion Control: 1. Additional silt fence shall be required on the north property line east of Lakewood Drive and to the north of the creek, east of building #35. 2. Spot elevations don't coincide with percent of grade on Private Drive A by lots 2,3 and 4. Additional Comments, (4/1/02): Grading / Drainage: 1. The engineering department review concurs with the Watershed special provisions, dated 3/18/02. A clarification may be necessary for Provision No. 6, as to how NWL and storage are defined for Bioretention basins, (Rainwater gardens) vs. Ponds. 2. Provide sump manhole/catch basins for all ponding areas. The sump will be on the last structure in the street, prior to discharging into the ponding areas. The townhouse association will be responsible for removing sediment from the sump structures during street sweeping operations. Provide language in the association bylaws that defines the responsibility for this maintenance operation. 3. Eliminate the "curb -cut" adjacent to "Pond #4" and provide a curb catch basin w/sump. Design such that the primary discharge is into pond #4 before it overflows_ into the storm sewer and creek. 4. Remove and replace curb for all existing curb cuts on Maryland Avenue that will not be used for this development. Utilities: 1. Coordinate any necessary sanitary and utility revisions with the city's proposed realignment of the existing on-site sanitary sewer. 2. Obtain and provide any off-site grading and utility permits. Water main construction comes very close to the S .E. corner of the Rosewood Estates property. 3. Submit plans for review and comments to St. Paul Regional Water Services, (SPRWS). 4. Provide clean -outs for any sanitary sewer services longer than 100 -feet. Or 63 63 SENT BY:. DNR METRO; (if- IWAI rr 73 LL 31 lx Al,wil 2. 4- 3- 2 3:10PM; 6517727573 => M1111le-SM111 C)f' NZ11.(_11_4'11 R.CeSMIC(A..'s #2/3 Attachment 23 )b vv- o d. M N .5 5 10 APR 0 3 2002 Derar Kkm: RECEIVED Fhatlk yt.�u- for pravtd4tg rkv vvv-i.scd develol-w foll �Y[Zrns Chil.ed i.1t Lakewood Drl.vc. �'.Irld N1J--lrv1,.And Avetivie. We ll;lve r(-v1'C\vCd the plaw.-; ,xre. Vt:ry plcascd with file th�.')'l 111c ky\.Vl1k'F&v *ill'ld JCv-dor".1. Nave flow I-trojxsed, "Pio-wi-C10- C-Orrld(W WWI be 11-1 thel)Ublic dovnair� i1nd there 1� 11101-C open Deslmtc the fill'Iec"111d I-C-S0L11'Ce,--:- 1.1-1.31 t'hCSC- cost the I.-1w-1.1cr. vve bel -'eve the retainedI III be PICLI Spt'.'lee it) w CcWC r w V stn c x L rci i.'i c I y CattractivC ullicruly f . or prospCehVIC buve-1.5 �-Uwtthal Olt. devc10pi-TICT11 will 1-.)C. -IiM iwiny 11Clg11b0J_S WOUld havc 11kcd to see'the ent.11-C quit X P1.0t.11 %lble. We Ivcogtuze i undoveloped. [k)-wever. givcvi- that. the site wa..%� t!.(y111g U -y IV devc-Ityped, thlS new liropos,d 'AdCL)Ll.'AtC1Y Llddrei-;ses many ofthe Concerns I'w llx� Iwigilbors".. Ow, co-lattalf III V% i -1-11.0411C L)CIMI-1.1-11C411 (>I*Nf*.4Ltra-1 WC 11CkCVC L Ii L Will x a �vil.'l-w'ill k. r .III of the i11\'t,. Ived p-e-11.1jes. �'t 4u O]AIld IV t- E: (*()-at n.A., 4- dil"fitck-.At the 'grki-ki.1-lig f)-L'-ty- iml the 4,111i.1chk"d (.'iii ell the Sods, slopes 4'.111d Proxill-11tv ofthe wilstyllcut . )1-1 hn-11ts, it. will he k'.1 Fit i :at 1('} k' -\a-4,41,11, -sh wl-d Caru-1 IV �n k:c the d uration A I I' Construd.1011. -1k: val -W'ilverl- We vV411 tws.-4sv file ffiat- ti- ' l'V"VW\v 01111 Oddrcs."z 'k-mly twtit.r w I)eri-inning lo tile Size, (it... 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Metro Girt 'f1W'TVS ttc LTUINMOrl 0t t:tlrltiC'r'���llii:�tl �Lltil;tllf:'rlt•, c'1 luatural resource n1allagt`rllent p an 101' the l''rrtiC:Tlll'Ilt area �k ill bkk I-eqrrirvJ.. E}rc,fe.ra1iIy a r la fbr the snore sItc; shOu[J- b e ctcvcIO1)e(: Any' sIIc; restoralloll requiYCd U11011 cOMlAC-60)11 of art dita+) and construction should then adherc 10thy' illrrtrr;l'lfltyrlt IAtra. i'fii> wcyLilci illdt:06 tliC cr.Se Ofr.aati e,pci.:ie-k4 f�br t•c-hhlritirl. ' ri..'r"c; t'1'ray tal-so bLe ativfit 1:t.f,.:tgVS to 111A l ag t:-imcl y and t;c-M101111cal ly L i,t t't.-t.rve -'►i t -e iI'll1)1-0k:MICIIIS, 11-WIL.ttii1 g a pc>t��»ti�il�trtiil ;ali t�il�c�i�i, during the g;rading phase while f1(:(-a1v v cc.l-trrl�rnent iz, tlYi� rftr�t�. Ho wever, a.t� �thpt't�'vc,�tf ca�rnhr�=iic�n,1v 1714"11-1 S1 - Mild CO MI)Iet+`d pnor to these potential irlll:aa-o i,rncrlt::. Metro C, �Ceef1wit v Will hi; .subi,n i tt:i 119 a �:c INI r1tte. tTl�;1T o dc -tori l ' I r1t~ tile process (and \ M f,-ccluir-ctr en -t4 t6l. > 1c, "t""150,000 ;z~�lk:}���Ftti�E to- (Ills- tall- w}-tant pt•trect. We look 1"Or ward to our i;on iriuc;(] p-rrtnership on this 011d other projects. r - Sill. .r:�y' -� 414 I IIl�ltof ;%I' c i ro rc I w i'.).V CL: lti_, FWR 'Morc}-RoyAlFrii�k� !Zc)S.` Suhli.�tt. M.ctr! o 1� DN R c6aI l ;La a t t'c�c)rdini..tt,i�r 1-i l 1.1`}crit rii �1 , ltrt�:tl�c� f irc:t�rrtiv:a v:S Pry 'Qct f�`ooriti r 65 TO: FROM: Attachment 24 Department of Public Works Kenneth G. Haider, P.E., Director and County Engineer ENGINEERING/OPERATIONS ADMINISTRATION/LAND SURVEY 3377 N. Rice Street 50 West Kellogg Blvd., Suite 910 Shoreview, MN 55126 St. Paul, MN 55102 • (651) 266-2600 • Fax 266-2615 (651) 484-9104 • Fax 482-5232 E-mail: Public.Works@co.ramsey.mn.us MEMORANDUM Ken Roberts City of Maplewood Dan Soler � Ramsey County Public Works SUBJECT: Beaver Lake Townhomes — 2nd Review DATE: April 4, 2002 APR 0 R E C E;._„ APR 0 82002 RECEIVED The Ramsey County Public Works Department has reviewed the proposed PUD and preliminary plat for Beaver Lake Townhomes off of Lakewood Drive and Maryland Avenue. The County p _ previously reviewed this development last year and made comments to the City. Ramsey County has the following comments regarding the new proposed development plan. 1. The proposed development will create 148 new residential units in the southeast quadrant of McKnight Road and Maryland Avenue. This is a reduction from the original proposal of 162 new residential units. 2. The intersection of McKnight Road/Lakewood Drive and Maryland Avenue is currently controlled by an all way stop. The addition of traffic from this development will move this intersection closer toward the need for traffic signals. Ramsey County.;will continue to monitor .this intersection to determine if warrants are met for the installation of a traffic signal. The County will program a project for signal construction when justified. 3. The west side of the development will access Lakewood Drive via a new entrance and the existing Rosewood Estates entrance. The new entrance point has been relocated from the original proposal to a location with better site distance to Lakewood Drive. The spacing between the two entrance points is adequate. l 4. The original proposal added eight direct access points onto Maryland Avenue. Ramsey County requested that a private roadway be constructed in this area with direct access to the homes. This private roadway would have one or maybe two access points onto Maryland Avenue. This modification has been made. to the new plan and the eight access points have been reduced to three. This configuration is much more acceptable to the County. Minnesota's u" A Home Rule County printed on recycled paper with a minimum of 10% post -consumer content 66 AFSCME vnw u.ei 5. The new access points will require permits from Ramsey County for construction onto County right of way. The developer will also need permits for any utility work within County right-of-way. Thanks for the opportunity to make comments regarding this issue. If you have any questions or need any additional information please give me a calla. 67 Attachment 25 Sue Dwight 115 8 S terling S treet North Maplewood, MN 55119 651-731-0228 March 29, 2002 Kenneth Roberts Associate Planner Community Development Department Maplewood MN 55109 RE: Comments on Beaver Lake Townhouse Development I felt the environmental analysis for development on this area did not include enough data on the impact this development would have on the surrounding watershed. Beaver Lake is a small, fragile lake that could easily be damaged by losing its filtering protection provided by the wetlands on the proposed development property. This wetland is the last remaining protective filter that can absorb the run off to help keep Beaver Lake a viable water resource. One prime example of smaller lakes dying due to the loss of surrounding wetlands is Como Lake. p Como -Lake, one art -of a heavily used park, reeks throughout the summer due toears of run off that is filling the lake. It Used -to have a nice wetland y . Where the 'If course is now that had provided.centuries of protection until we decided to g destroy the wetland for a' golf course. It seems ironic that we continue to maintain a park and walkways around Beaver Lake and then allow development that will eventually damage the lake. If we can predict the outcome, why let it happen? The park dedication area on the proposed development is currently a creek that runs to Beaver Lake. Doesn't seem_ to fit the definition of a `park' to me! If it is dedicated green space, what plan is in place to ensure that this will continue to provide filtering protection to Beaver Lake and not increase the run off instead? I would prefer to see this green space widened considerably in order to provide more protection to the lake. I have not seen any wetland mitigation compliance plans for replacing the wetlands that are being disturbed by this development. What are the plans and is there assurance that 7 this company is developing a minimum of double the wetlands they are disturbing? I don't believe that leaving the green space around the creek bed is an adequate amount of mitigated land. It seems stopping this development is not an option. Something will be built.on. this wildlife area. If such will happen, I am very hopeful that the building site'will be scaled_ back -significantly;' that there will be enforcement with the compliance to wetland mitigation and that there is a mitigation plan in place to monitor the health of '.Beaver Lake that will correct the issues before they become a costly problem. Its time we take action to'p revent environmental damage than have to react to repairing a damaged environment. rR , APR 0 1 2002 68 Attachment 26 March 3.0, 2002 Community Development Department City o -f Maplewood 1830 E. County Road B Maplewood NN 55109-2797 RE: Beaver Lake Townhomes Dear Nor. Itobe�ts: Thank you for forwarding the proposed ply for the Beaver Lake Townhorne Project. As you are well aware, the surrounding neighborhood has made its feelings loud and clear regarding Tony Emmerich and Beaver Lake Torwnhomes. This developer and this project is not wanted, needed or required for this land and I am not alone in my thoughts. The fact that the existing neighborhoods expressed their wishes and concerns numerous titres and the City and its staff beep- insisting on this- development — does -not -make sense-, We are the taxpayers, and the City Council are elected to represent the wishes of the city tax payers —this -makes m4c wonder whose- wishes the Council. is_ resenting.. I am disgustful, disbelieving and disgusted with the way this project has been handled by the- Eo-uncil and the City Staff How many thues &people have to vaaice their concerns, and be unheard. we'will not go q' welly into the night — you are messing with something that we hold dear. This, is, our neighborhood and you want to char ourneighborhood -- and we have asked you countless times -- what's in it for you? We are tired of being tarred d&wn to- and having our voice heard, b-ut not listened ta, Thank you for this opportunity to express my concerns_ I arm sure they will be addressed, life• all the concerns- before -- in other words-, you will represent -your own wishes and agenda and not the wishes. of the neighborhood. ince , dy I rthouse 5�5 S rling St. N. Maplewood MN 55119 651/735-344-5 i ^ ter.; _�-•.�-�.,..: APR W'W�ab�Y�rws '�Na YN 4hfi �pYo 69 .=W Attachment 27 Together We Can .NORMAN L CARLSON LINDA F CARLSON March 20, 2002 1198 STERLING ST N MAPLEWOOD MN 55119-3654 NEIGHBORHOOD SURVEY BEAVER LAKE TOWNHOUSES '- LAKEWOOD DRIVE AND MARYLAND. AVENUE. What is Being_ Re ,quested? , Mr. Tony Emmerich, representing AJE Companies, is requesting that the city council. approve revised plans for the development of the Beaver Lake Townhomes. The plans now show the development with 40 owner-occupied detached townhouses, 108 rental housing units in 16 buildings and 8.9 acres of publicly-owned park and open space area in the center of the site. • (See the enclosed maps.) Why_ 'th is Notice? The',city staff wishes that- yo.0 be informed about this proposal and seeks your input in any of the following ways: 1. You. may mail your comments to me. Please write any comments you have below or on the j back of. this letter. L;. have enclosed a stamped, addressed return envelope for your use to _mail inyour comments.. :2. Telephone me at (651.) 770-4566. : 3. Attend the city council. meeting'.a'nd. give your. comments. You will be notified of this meeting by mail once -the city- has scheduled this item. Whether you mail Jn or telephone any comments, please do so. by March 30,'2002. Comments: CL'.7 1.0 t i y IL r 1 t ; i - •KENNETH ROBERTS ASSOCIATE PLANNER=` _ Enclosures R I E_� ((7,-,7 7 LI I LL�. c1trllbeaverliet MAR 2 6 2002 OFFICE OF COMMUNITY DEVELOPMENT = 51- 770 - 4560 CITY OF MAPLEWOOD .1830 EAST COUNTY ROAD B MAPLEWOOD, MN 55109 71 nn1,NfY.I•I. �-;Yn.•..i.n/pyitf!�" r•�•..... ..orf/•. M••:. ... � ;'i .. .. � +•: � i •� I 3 F7 r• ==1 Jar t _� �� ,•t 5,�._ �, AP R 2002 I I 1r �: ✓1a/ A., � �••� a �[�I )dam f I. i ►ttachment .28 _ ria.• . _ . ._ .. -. _ . . ,r•-. .. r,�co..'t,•?!nr!;g r I L.f'- roe, ' j f l ��f•� '. .i+�, �w.:•' - .i..'.s.>•�a•'t• ' 4i�• •F '` i�...ar'• �' �r_X,.. i.dar• '••.�•.- Jy�r 07/ • f • ^V \i•i'i f' `'•I'"� ' •, �%,f lI/ ip g r +•Y PON VVV �, � J'' ► • k r .A i gJ� r. ♦ � l � r � `a J/ iwlot V14. • :J Oul . �• , r.'/ riJ -_•,/' J i (/+��' ; �j� I .f ..a'fl'�'''t ` 4. „,.a i --co !� ` �.• �.f ��,,' VVV '� ,�► r i' `•^,'Lw _ . 72 :� :� 76 V Attachment 29 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for a conditional use permit (CUP) for the Beaver Lake Townhomes residential planned unit development (PUD). WHEREAS, this permit applies to undeveloped property for the Beaver Lake Townhomes PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25, Township 29, Range 22, Ramsey County, Minnesota. (PINS 25-29-22-21-0010 and 25-29-22-21-0011.) WHEREAS, the history of this conditional use permit is as follows: 1. On April 15, 2002, the planning commission recommended that the city council this permit. 2. On May , 2002, 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. The council tabled action on the development request until May 14, 2001. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing. or planned character of the surrounding area. 3. The use would not depreciate property values. .4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets.. 6. The use wound 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. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 77 Approval is subject to the following conditions: 1. All construction shall follow the plans date-stamped March 12, 2002 except for the following changes: a. Revising the grading and site plans to show: (1) No grading or ground disturbance in the park dedication area and in the wetland and stream buffer areas except: (a) As allowed by the watershed district. (b) For the utilities, trails and footbridge. (2) The required trails and sidewalks. (3) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (4) The developer minimizing the loss or removal of natural vegetation including keeping and protecting the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream condor near the rear of proposed buildings 26-34. (5) All driveways at least 20 feet wide. If the developer wants to have parking on one side of a driveway, then that driveway must be at least 28 feet wide. (6) All parking stalls with a width of at least nine feet and a length of at least 18 feet. b. The developer deeding the area labeled "Park Dedication" on the plans to the City of Maplewood. This dedication is to help protect the most sensitive natural features on the site and would protect this part of the site from building, fences, mowing, cutting, filling, grading, dumping or other ground disturbances. This dedication also would help ensure the natural linear or corridor aspect of the site (primarily around the stream) would remain as it is now. The Parks and Recreation Director shall approve the land or the area(s) for dedication to the city. The city shall use the Greenways grant from the DNR, while matching the state dollars with city open space money, (as is required) to buy the protected area along the stream and wetlands labeled as Park Dedication on the plan dated March 12, 2002. The city council may approve major changes to the plans. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end.. The council may extend this deadline for one year. V Have the city engineer approve final construction and engineering plans. These plans . shall: a. Include grading, utility, drainage, erosion control, streets, trails, sidewalks, tree, driveway and parking lot plans. . 7-8 b. Show no grading or ground disturbance (except where utilities or trails are installed) in the: ` (1) Required wetland and stream buffer areas. (2). Park Dedication area. This land will be for city park and open space purposes. The developer and contractors shall protea the park dedication area, including the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor, from encroachment from equipment, grading or filling. City -required trails are allowed in the buffer and park dedication areas. c. Include a storm water management plan for the proposal d. Include a coordinated plan with the public works department for the design and installation of the sanitary sewer lines or for the repair or realignment of the existing sanitary sewer line that runs through the site. 4. The design of the ponds shall meet Maplewood's design standards and shall be subject to the approval of the city.engirieer. If needed, the developer shall be responsible for getting any off-site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet -all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. d. Install survey monuments along the wetland boundaries. e. Remove any debris, junk or fill from the wetlands, stream corridor, park dedication area and site. f. Install a six -foot -wide concrete sidewalk along the south side of Maryland Avenue between, Sterling Street and the west property line of the site. The developer's engineer shall show this sidewalk on the grading and construction plans. The city engineer shall approve the details of these plans. g. Construct an eight -foot -wide, paved public walkway and two -rail split -rail fencing in the following locations: (1) From Private Driveway A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. (2) From Private Driveway D in the east side of the site, between Lots 21 and 22 to near the stream in the center of the site. The trail must have a surface that is not impervious when the trail is in a wetland or stream buffer area. The developer's engineer shall design the trails to follow the existing property contours and proposed utility corridors to save as many trees as possible and to minimize the amount of grading necessary to install the trails. h. Restore all disturbed areas within the stream corridor and park dedication area with a native seed mix approved by the watershed district and by the city engineer. 6.* The developer shall give the city wetland easements over the wetlands and the stream. The easements shall cover the wetlands and any land within 50 feet surrounding a wetland. The easements also shall cover the stream and any land within 50 feet of the top of the stream bank. These easements shall prohibit any building, mowing, cutting, filling or dumping within fifty feet of the wetland and the stream or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands and the stream from fertilizer and to protect the wetland and stream habitat from encroachment. 7. The approved setbacks for the principal structures in the Beaver Lake Townhome PUD shall be: a. Front -yard setback (from a private driveway): minimum - 20 feet, maximum - 35 feet - b. Front -yard setback (public side street): minimum - 25 feet, maximum - 40 feet c. Rear -yard setback: none d. Side -yard setback (town houses): minimum - 5 feet to a property line and 10 feet minimum between buildings e. Side yard setbacks (apartments): 20 feet minimum between buildings 8. This approval does not include the design approval for the townhomes or for the apartments. The project design plans, including architectural, site, lighting, tree and landscaping ' plans, . shall be subject to review and approval of the community design review board (CDRB). The projects shall be subject to the following conditions: a. Meeting all conditions and changes as required by the city council. b. The buildings in the shoreland district shall have a maximum height of 25 feet (unless the city council. approves taller structures). c. The developer shall design the structures to reduce their visibility from the lake. This shall include using vegetation, topography, increased setbacks, color or other means to accomplish the screening. The city may require additional vegetation to help screen these facilities. d. For the driveways: (1) Minimum width - 20 feet. 80 (2) Maximum width - 28 feet. (3) All driveways less than 28 feet in width shall be posted for "No Parking" on both sides. Driveways at least 28 feet wide may have parking on one side and shall be posted for no parking on one side. e. Showing all changes required by the city as part of the conditional use permit for the planned unit development. (PUD). 9. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final platto create buildable lots for any outlot in the preliminary plat before the city will issue a building permit 10. The developer paying the city $94,000 in Park Availability Charges (PAG fees) for this development. 11. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on 2002. 81 Attachment 30 STREET RIGHT-OF-WAY VACATION RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following described street right-of-ways: \ 1. That part of the Sterling Street right-of-way as a roadway easement according to document number lying within the West 25 feet of the East 58 feet of Lot 5, Block 2, Beaver Lake Addition. 2. That part of Magnolia Avenue (formerly known as Cherry Avenue) as platted in Beaver Lake Addition lying between the east right-of-way line of Lakewood Drive (the west line of Lot 8, Block 2, Beaver Lake Addition extended south) and the east property line of Lot 7, Block 2, Beaver Lake Addition extended south. All in Section 25, Township 29, Range 22 in Ramsey County. WHEREAS, the history of these vacations is as follows: 1. On April 15, 2002, the planning commission recommended that the city council approve these street vacations. 2. On May , 2002, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: 1. Lot 5, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0010) 2. Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0011) 3. The North 161.83 feet of the West 1/4 of the SE 1/4 of the NW 1/4 (subject to roads) of Section 25, Township 29, Range 22 (1070 Lakewood Drive North) (PIN 25-29-22-24-0072) 4. Except the North 290.66 feet of the West 1/2; North 677.06 feet of the West 1/2 of the SE 1/4 of the NW 1/4 (Subject to roads and easement) in SEC 25, TN 29, RN 22 (PIN 25-29-22-24- 0073) All in Section 25, Township 29, Range 22, Maplewood, Ramsey County, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation since it is in the public interest based on the following reasons: 1. The adjacent properties have adequate street access. 2. These right-of-ways are not needed for the public purpose of street construction. 3. The developer will be building private streets and driveways in the project. The Maplewood City Council approved this resolution on , 2002. 82 Attachment 31 EASEMENT VACATION RESOLUTION. WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following -described easements: That part of the following sanitary sewer easement according to document number 1504484 lying within Lots 7 and 8, Block 2, Beaver Lake Addition, described as follows: Beginning on the West line of the Northeast quarter of the Northwest quarter of Section 25, Township 29, Range 22, a distance of 603 feet South of the Northwest corner of said Northeast quarter of Northwest quarter; thence East 153 feet; thence South 185 feet; thence South 85 degrees, 03 minutes East 172.9 feet; thence South 1 degree 38 minutes 30 seconds West a distance of 80 feet; thence South 88 degrees 21 minutes, 30 seconds East a distance of 170.25 feet more or less to a point on the West line of the 50 foot sewer easement hereinafter described, all of the foregoing being over Lot 8, Block 1 and Lots 7 and 8, Block 2, Beaver Lake Addition. All lying south of Maryland Avenue and between Lakewood Drive and Sterling Street in Section 25, Township 29, Range 22, Maplewood, Minnesota. WHEREAS, the history of this vacation is as follows: 1. On April 15, 2002, the planning commission recommended that the city council approve these vacations. 2. On May , 2002, the city council held a public. hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves these vacations, public interest in the property will go to the following abutting property: Lot 8, Block 1, Beaver Lake Addition and Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25- 29-22-21-0011) All in Section 25, Township 29, Range 22, Ramsey County, Minnesota NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described vacations for the following reasons: 1.. It is in the public interest. 2. The city and the adjacent property owners have no plans to build a street or utilities in these locations. 3. The adjacent properties have access to public streets and utilities. The Maplewood City Council adopted this resolution on , 2001. 83 Attachment 32 NO PARKING RESOLUTION WHEREAS, Maplewood has approved a residential PUD and preliminary plat known as Beaver Lake Townhomes. WHEREAS, the developer wants to have reduced street right-of-way widths, reduced street. pavement widths and reduced private driveway widths in this development. WHEREAS, the city has approved reduced street right-of-way widths, reduced street pavement widths and reduced driveway widths in the development, subject to on -street parking restrictions. WHEREAS, Section 29-52(b) of the city code allows variations from the city code standards if they do not affect the general purpose of the city code. NOW, THEREFORE, IT IS HEREBY RESOLVED that Maplewood prohibits the parking of motor vehicles on both sides of all public streets and driveways less than 28 feet wide and prohibits parking on one side of the public streets and driveways that are 28 feet to 32 feet wide in the Beaver Lake Townhome PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25-29-22. - The Maplewood City Council approved this resolution on , 2002. MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, APRIL 15, 2002 a. Beaver Lake.Townhomes Mr. Roberts said Mr. Tony Emmerich, representing the AJE Companies, is proposing to develop a 148 -unit planned unit development (PUD) called Beaver Lake Townhomes. It would be on a 27 -acre site on. the south side of Maryland Avenue, between Sterling Street and Lakewood Drive. To build this project, Mr. Emmerich is requesting several city approvals including: 1. A conditional use permit (CUP) for a planned unit development (PUD) fora 148 -unit housing development. The applicant is requesting the CUP because Section 36-566(a) of the city code (the shoreland district regulations) requires a PUD for developments with buildings having more than four units when the site is in the shoreland district of a lake. In this case, the site is in the shoreland zone of Beaver Lake and would have a mix of housing with 40 single-family detached townhomes and 108 rental units in 11 8 -unit and 5 4 -unit buildings. 2. Street right-of-way and easement vacations. These would be for the unused street right-of- ways and easements on the site. 8. A preliminary plat to create the lots in the development. 4. The on -street or driveway parking standards and no on -street or driveway parking requirements for the development. 5. Authorization for city staff to spend city open space funds and to use a $150,000 DNR grant to buy about 8.9 acres of the project site for park and open space purposes. Mr. Roberts said the applicant has not yet applied for design approval. If the city approves the above -listed requests, then the applicant will apply to the city for final plat approval and design approval (including architectural and landscape plans). On March 12, 2001, the city council held a public hearing to consider a development proposal by Mr. Emmerich for this site.. This plan had 162 housing units in 42 detached town houses and 120 rental -housing units in 15 8 -unit buildings. At this meeting, the applicant agreed to a time extension for city council action until May 14, 2001. This time extension was to allow the developer to possibly redesign the project and to have a meeting with the neighbors. On May 14, 2001, the city council considered a revised proposal for this site. This plan had 148 g housin units in 42 detached town houses and 106 rental housing units in 4 and 8 -unit buildings. At this meeting, the city council ordered the hiring of an independent consultant to prepare an environmental assessment worksheet (EAW) for this proposal. They ordered the EAW because of potential significant issues including traffic, effects on the creek bed, the size of the proposed buffer area and storm water ponding and run-off concerns. On September 24, 2001, the city council received all comments and responses to the EAW and the proposed findings of fact for the proposed project. It is important to note that the EAW recommended that the developer make several changes to the project plans to make.the proje�j more sensitive to the existing environmental conditions on the property. At this same meeting, the city council also adopted resolution 01-09-91 about the Beaver Lake Town homes PUD EAW. This resolution .made a "finding of no significant impact" (FONSI) from the proposed project. The, resolution also stated that the environmental review rules had been met and that the potential environmental effects were not considered significant enough to warrant the preparation of an environmental impact statement (EIS). As was noted above, the city had an EAW prepared for this site in 2001. This study looked at the potential impacts that the proposal could have on environmentally important features of the site. These include the woodlands, ecologically sensitive resources (including the wetlands and the creek), state -listed (endangered, threatened or special concern) plant or animal species and storm water and water runoff. The EAW also studied shoreland district concerns, erosion and sedimentation, geological hazards and soil conditions, solid and hazardous wastes, traffic and traffic mitigation, vehicle -related air emissions, odors, noise and dust, archaeological, historical and architectural resources, scenic views and vistas, visual impacts, impact on infrastructure and public services. Mr. Roberts. included a summary of the issues that the EAW identified.. It is important to note that the EAW found that the proposed project, if carefully constructed, would not cause great harm or damage to the environment or to the area. The EAW, however,_ did identify several areas where - the developer could change the plans to make them more sensitive to the existing conditions on p g the property. In response to the concerns that the city and the EAW. identified, the developer's engineer redesigned much of the project. These changes are in -the current proposed plans and include movie the south drivewaynorth on Lakewood Drive and widening the undisturbed area g along the creek. The proposed changes are to address the concerns and issues identified by staff and the EAW. It is staff's opinion the latest plans (dated March 12, 2002) have addressed the major design concerns and issues. identified to date by the city and in the EAW. Mr. Roberts said the city wetland and stream protection ordinance requires the developer to protect much of the stream and wetland corridor on the site. Maplewood's wetland protection ordinance requires a 50 -foot wide no -disturb buffer around the wetlands on the property. The wetland ordinance also requires at least a 50 -foot -wide no -disturb buffer area along both sides of the stream (as measured from the top of the stream banks) to help protect it from the effects of the proposed development. The proposed plans meet these requirements. The revised plans dated March 12, 2002, show a wider corridor along the stream and around the wetlands on the site than the earlier proposal. This revised plan, with the publicly owned corridor, shouldrovide the stream and wetlands with more protection from the development and human p _ impacts than the earlier proposals. An area of concern raised by the neighbors and studied in four pages in the EAW is traffic. The EAW analyzed the Lakewood Drive/Maryland Avenue intersection for how it operates (or how traffic flows) for both the morning and afternoon peak hours. This analysis was done for the existing conditions (2001), forthe year 2005 with nothing built on the proposed site and for 2005 if the development was complete. The study also looked at the year 2020 with no development and with development on the proposed site. Mr. Roberts said the traffic study explains that traffic operations for intersections are rated by level of service (LOS) from A to F. Specifically, a LOS of A is the best and smoothest operating intersection while a (LOS) F is a congested and poorly operating intersection. According to the traffic study, the Lakewood Drive/Maryland Avenue intersection now operates at an acceptable level both in the morning and in the afternoon. The study notes that the intersection, especially the south approach (northbound traffic), with no development on this site, will operate at a level of service LOS E during the afternoon peak hour in 2005. The study goes sa oes on to that in 2005, with the addition of the proposed development, the Y Lakewood Drive/Maryland Avenue intersection will operate at a LOS E during the afternoon peak hour. For theyear 2020, the traffic study notes that -the intersection will operate at LOS E or F for the peak hours with or without the proposed development, depending on which direction one is traveli.n . In all cases, the decreasing LOS for this intersection (and for all intersections in the area) can be partially attributed to the increasing level of traffic on all roads. That is more people are driving more often on all the streets and roads in the region. For the years 2005 and 2020, the traffic study suggests that the installation of a traffic signal at the, intersection of Lakewood Drive/Maryland Avenue would improve the operations of the intersection to a LOS D during the peak hours and the overall operations to a LOS B. Mr. Roberts stated that Dan Soler, the Ramsey County Traffic Engineer, reviewed the revised plans. Mr. Solar notes that he is satisfied with the proposed changes to the plans and that the county will be monitoring the Lakewood Drive/Maryland Avenue intersection to determine if or .when the criteria or warrants are met for the installation of a traffic signal. As proposed, the applicant's contractor would grade much of the site to create the private driveways, the ponding areas and the building pads. This grading would disturb about 18 acres- of the 27 -acre site while preserving many of the slopes and some of the large trees on the site, especially near stream and pipeline. The applicant, however, has not yet prepared atree plan p Y pp for the property. Beforeradin the site, the city should require the developer to submit a detailed tree plan to staff g g for approval. Maplewood's tree ordinance requires there be at least ten trees per gross acre on the site afterradin . For this site, the ordinance requires that at least 270 large trees remain. If g g the developer cannot keep that many large trees, the ordinance requires him to plant replacement trees. This would be u to a maximum mum of 10 trees per gross acre so there are at least 270 trees on the site. Mr. Roberts said the developer should provide this plan, along with the proposed landscape plan, to the city Y for review b the Community Design Review Board.'""'' Mr. Roberts concluded by saying the city is striving for balancing the interests of the property owner and the developer to have the development occur on the property with the concerns of the neighbors and protecting the sensitive environmental features. He thinks the EAW provided some good input to the city and got some good changes made. Widening the corridor, ensuring more trees arep rotected and the wetlands are protected, changes in driveways to ensure more safety, and that balances with the owners_rig:htto use the property and the interest of the city ands,. the neighbors to preserve the most significant features on the site. Mr. Roberts said staff surveyed the owners of the 65 properties within 350 feet of this site about the first proposal (in 2001) and received 15 written replies. After receiving the latest plans (in 2002), staff sent a new survey to all those that had expressed an interest in this site (about 118 people). Staff received 16 replies to the latest survey. Those who wrote had several comments about the revised proposal They were included in the staff report. Mr. Roberts said staff recommends approval of the Beaver Lake Townhome proposal in the staff report for the items listed on pages 12 through page 23 of the staff report. Commissioner Dierich said when she spoke to staff on.the telephone she had a concern about. units 35-38 and units 5-7 being so close to the buffer zone. What kind of guarantee is the city getting from the developer that those buffer zones are not going to be impacted both during g g p construction and after construction. since those buffer zones run across their land? Mr. Roberts said the best guarantee is that the city will have the developer fence off the whole Public corridor and the buffer areas and put signs up saying "stay out" and that it is publicly Public p g owned and it is not to be graded or gotten into. The big challenge for the city will be to monitor those fences and to ensure that they stay up. If something gets knocked down, the city will need to make sure it gets put back into place. Commissioner Dierich asked staff if the city proposing is a city easement across those lots to protect the land that is in the buffer zone? Mr. Roberts said it was his recollection that all of the buffer would be publicly owned but he will have to check .on that. Commissioner Dierich ,because she is looking at lots 35 and 36 in particular where the porches and the foundations are right on the buffer zone. Mr. Roberts said yes they do get close. Commissioner Tripp ler. ioner Tri ler. said staff said this.p arcel was rezoned R-3 in 1983. What was it before? Was it farm? Mr. Roberts said yes, it was farm. Commissioner Trip pier asked staff if they have any recollection if anybody has come to the city and asked for it to be rezoned as R-1 ? Mr. Roberts said that he is not aware of any rezoning proposals or development proposals since the rezoning. The members in the audience said, "that is not true". Commissioner Ledvina said he recalled there was a substantial discussion of relocating the sanitary sewer that is routed near the creek. He asked if this is that part of this proposal? Mr. Roberts said that is mentioned in the staff report on page 10. Chris Cavett and Chuck Ahl of the city engineering staff and Ed Nadeau, the city sewer foreman, reviewed the proposed plans. They noted that the existing sanitary sewer line that runs through the site near the stream is difficult to maintain and may need repairs. They believe there is an opportunity to work with the, developer to design new sewer lines that will serve the needs of the development and that will better serve the city as a whole. The city council ordered a sewer improvement study in 2001 to review this matter. The city engineer expects this study to be done in May. It is the intent to abandon and seal up the sewer line located by the creek and relocate it within the development site. Chairperson Fischer asked if the applicant would like to address'the commission. Mr. Lar Olson the project engineer for LSJ Engineering at 1875 Commercial Boulevard in Larry A 1 g _ Andover, addressed the commission as the representative for the developer. He said Mr. Roberts gave a g summary for the proposal. There was a question that came up regarding the buffer ry zone and lots 5, 6 and 7. There is a 50 -foot buffer line on the plans from the top of the creek bank and there is another one 60 feet from the creek bank, and that is the line that the units are up against and that is a setback for the units not the actual buffer. All the grading and construction activity will stay out of the buffer area with the exception of some storm sewer outlet piping .down to the creek that the watershed is requiring. It is their intention that they won't have to go into the buffer area for any construction he said. Chairperson Fischer asked if there was anybody in the audience that would like to be heard regarding the Beaver Lake Town home proposal, if so to step forward and give their name and address. Thor Nordwall at 1142 Sterling Street addressed the commission. Mr. Nordwall said he is concerned about this beautiful property. I He hoped all the commission members took time to go and see the possibility of this and the great plans that have been outlined. There are people who are wondering why the city is buying some of the land. If you look at what is being proposed, in the long run this small piece of land ties into so'much more. It will go from the Nature Center to the Gateway Trail and the money the city has and the money that the DNR has provided will make for a nice plan. Beaver Lake Estates is a little piece of a big plan._ He said he probably won't be around to see this plan develop but he is hoping to see it. People were worried about the creek bed and how it would be possibly polluted some day. If you look at the 1983 plan, it would have gone a long time ago and there would be no .Beaver Creek. All the housing would have been right up to it. Now is the big chance to save this watershed and keep it clean. The corridor willp rovide enough for the animals and the birds and people to enjoy this land too. Mr. Nordwall read the conclusion paragraph on page 11 of the staff report aloud. He believes if the people work with the developer, everyone comes out on top. Margaret Lutfey at 1076 Mary Street North addressed the commission. She said she has been. a big opponent onent against this project. While she can't say the developer has a right to develop this project like Thor Nordwall did, she is going to say she disagrees with the proposed plan that the owner has now. When the owner talks about the corridor and the city talks about buying 8.9 acres for$400,000 and then the DNR is oin to give the City of Maplewood $150,000 that going sounds really good, but in case the people don't know, the owner owns 27 acres of property in which he can't use the center property because it. is within 350 feet of the creek. She said this means he is selling the city property he could never use anyway and the city is willing to pay a lot of money for it and he profits from it. She said he could be a good citizen and donate the property in his name or something, but he is greedy and wants to fill his pocketbook. Don't get her wrong she said, it is nice that the city can make a trail with the property, but be cognizant of the fact that it is not like he is doing the people or the city a favor. Ms. LutfeY g said her neighbors have stated that when they moved into the neighborhood a few years ago they were told a trail was going to. be built, and since that time all that has been done is a bunch of trees have been cut down. She wonders what makes the people believe that the developer will build his development and the trail won't be put off and won't be a priority? The people will be stuck saying the same thing as the neighbors in the Gladstone Park Area. That neighborhood was promised that something would be built and it never happened. She thinks the reason many of the neighborhood residents didn't come to the meeting is because they have Fives, and people have to cut their lives short to come over to the city hall to be heard again and . a ainEveryone on this commission is either being paid to be at the meeting or they chose to be g rY on the commission that meets the same night and time every meeting. She has no pity for the commission members, but the neighbors do have lives and they do care about their neighborhood. They are just tired of getting nowhere. The city shouldn't say they are working in the interest of the people. It is the city and the developer. She doesn't know anyone except Thor Nordwall who approves of this project. People may have agreed with something similar like the project that is being p built u the street, putting single-family homes on the site. Here you can't tell thep eople that the developer is looking out for the best interest of the city. He is looking at the interest of his pocketbook and how many people can be stuffed in one plot of land. Ms. Lutfey said at onep oint someone said the housing was going to be affordable housing yet the city said they don't know if. it will be section 8 or what. Ms. LutfeY g said the neighborhood is unable to know this information because it is not legal to release, so how do the people know or trust what will happen? The main point is the density. She said if she understands the PUD correctly, it is saying that a PUD makes it so a developer can bend the rules a little and a developer can build this development. She said in regard to the shoreline ordinance, you are not supposed to see these townhouses or apartments from the street, but you will be able to if the PUD gets passed. She asked where is the park going to be located? You are going to have 168 families and many of these will have children. Where will the children be able to run and play she wondered. She said don't tell us that Geranium has enough room for the children to play. The people in the neighborhood were going to try and change the zoning but they were told the best way to do that was to do the EAW report first. To change the zoningfrom farmland to R-3 was illegally done. She said nobody will admit it but if you use the analogy a of Nazi person, they killed someone and then they hid for 40 years. They are found and the are still guilty. This land was illegally zoned and what happened 20 years, ago still Y g Y counts but they said that zoning change happened a long time ago. She said theeo le have to pay for the sins and the mistakes of the city now for something that p p happened back then. If you are changing the zone from parkland to R-1 for the Gladstone Park pp Area then whycan't the cit do that same type of thing in this area changing it from R-3 to R-1 ? y What p Y prevents the cit from doing that other than the city is going to get money from the developer and a bigger tax base. Once again it is all about the money. When the developer says he isoin to put in trees, what kind of trees is he talking about? Is the developer talking about g g big beautiful trees like what is there now, or is he talking about those pathetic little sticks that you see put in on all the new developments? Those trees take twenty or more years to grow again. Everyone thinks Maplewood is a beautiful city but it is not, it looks like Brooklyn, New York where rY p she is from where all the homes are crammed together and they all look alike. In her opinion a townhouse is a glorified row house. Ms. LutfeY regarding arding the traffic, it is terrible. She went to visit her friend that lives on g Lakewood Drive, and now her friend sold her house because of this development and also how dangerous the traffic is. She wants commission members to go out and drive that area not only duringrush hour but. anytime and see haw -terrible the traffic really is. She believes_ the traffic *, Yt study is fixed because she lives right around the corner and she never saw anybody doing a traffic study. She hopes that the commission members use their God-given brains and think about this project and look at the impact of this from a personal standpoint. Would you really want this project built in your neighborhood? It should be rezoned and reevaluated and made into a single-family development. She would not even mind if the homes were $400,000. This would be better than prefab homes or cramming a bunch of units into a development. Kathleen Peterson at 1085 Mary Street addressed the commission. She said this doesn't get any easier to talk about. She wondered how many times the people have to come to the city to fight against this project? The neighborhood people have filled this room and the fire station with people. The city is having meetings upon meetings upon meetings until the city wears a person out, until they no longer believe their voices are heard. Young and old people have come into this building to talk about this project and talk about what was best for their neighborhood. Finally they have given up because they do not believe in government anymore. Ms. Peterson said she is losing her faith in government too. She knows this development is going to happen no matter what she says. She will repeat her comments over and over again and will go down fighting against -.this development. The people are tired of filling out the city's surveys and writing letters. t What did the city do with all the other letters and surveys from the other meetings when people came up to the microphone night after night to fight against this development? The responses haven't chang ed and the people still feel the same. They are just tired of fighting and complaining. She said she remembers an elderly person that walked out from one of the other meetings with her and said it is a done deal, the city won't listen because it is government and big money and that is the way it is. She has lived in that area and she has seen what the area has developed into and it is not what Maplewood should have developed it into. She sees the city taking a park that was planned away from the residents and putting houses into it.. At least those people will have single-family homes in there instead of the development her neighborhood will have. Maplewood gets to pay $400,000 for something the developer can't build g p on anyway just to get the property. Ramsey County was willing to develop that beautiful land connecting the Nature Center, the creek, and Beaver Lake into the Gateway Trail. Maplewood had their own agenda and would not work with Ramsey County. They worked on the developer's side instead. The school district just closed the Beaver Lake Elementary school where all those children would have -gone... Now where will all these children go from this crammed in housing development? She said she has a whole list of questions and she will go through them all because they are all important questions to her. You are developing this for the developer and for the tax base. The city talks about the park space in north and south Maplewood but there is not much park space in this particular area of Maplewood and nobody seems to care. Ms. Peterson said two years ago a child was killed on Maryland Avenue because of the traffic p pY are problems, and now the going to make the flow even worse. The entrance to Lakewood Drive g g is very hazardous, and now the city will put another entrance on that street. If you have ever gone into Rosewood Estates and try to exit on Lakewood Drive it is very dangerous. Now the city is going to add 168 families to access that road and she wishes the city luck. They will be having 911 calls to the police department from accidents and injuries and will have to pick up the pieces. Eventually all the waste from the neighborhood yards will run down into the creek and that creek runs into Beaver Lake. Ms. Peterson said they have had a hard enough time keeping Beaver Lake clean, and what difference does it make if it gets contaminated a little more. She does not recommend approval of this project in anyway, shape or form. She would be approving this project if it was single-family homes.. The city cannot guarantee what type of apartments will be built or townhome_s. Most of these units will be built right up onto the edge of these zones. Nobody cares about that and the creek line. She said that Maplewood has so little open space left, one day the city will look back and wish they were not so greedy and should have kept more open space. Sue Dwight at 1158 Sterling Street addressed the commission. She said she is a fairly new homeowner in the area and will probably be asking a lot of questions. She was disappointed that Mr. Roberts did not address the impacts to Beaver Lake in his assessment report. She asked Mr. .'Roberts to address those impacts. Chairperson Fischer asked staff to answer the question. Mr. Roberts said he thinks Chris Cavett would be able to answer the impact question better regarding how the drainage on the site will work. Chris Cavett said the site, as it is proposed right now they are addressing bioretention and infiltration areas to reduce the runoff and encourage infiltration, to treat the water before it goes into the creek and then into Beaver Lake. Ms. Dwight asked what assurances will the residents have that this will happen? Mr. Roberts colored the proposed ponding areas on the proposed site plan and displayed them on the overhead. The final plans will be reviewed by the engineering department and by the watershed district before they can proceed. Ms. Dwight asked if there is a wetland mitigation plan? Mr. Roberts said no wetland mitigation plan is needed because they are not filling any wetlands. Ms. Dwight said they are disturbing the wetlands though. Mr. Roberts said no they are not. Ms. Dwight said- when she read the public meeting notice it sounded like the city has a different set of criteria for the building of town homes and apartments than the city does for single family homes. Listening to the discussions that the commission had there was mention of minimum lot size of 10,000 square feet. What is the minimum lot size for a town home. rt said there- is no minimum lot size for an apartment building or a town home; the Mr. Robes p project strictly is looked at strict) from density or number of units on number of acres. In this case there are,148 units proposed for the 27 acres. That is about 5Y2 units per acre, and the comprehensi ve plan allows.for 6 units per acre. Ms. Dwight said she would encourage the planning commission to look at rezoning this land as single-family homes as R-1. Beaver Lake is a very fragile lake because it is so small it cannot g Y tolerate any runoff. If you put in dense housing, you have concrete driveways, sidewalks, parking lots, and there is very little lawn space, and you have- a lot of curb and gutter. It does not matter how many ponds you put in to protect a small lake like Beaver Lake. It cannot refresh it self like a larger lake can and you have to be careful of that. Although Beaver Lake is g jurisdiction out of the citY's it should be a concern. There are shoreland regulations that were put in place for a reason -and they should not -be,- broken. - . Commissioner Rossbach asked if staff could comment on whether the city is breaking any shoreland regulations? Chairperson Fischer said along with the answer to that question, could staff answer the question of how much water would be retained on site verses how much would flow off the site? Mr. Cavett said the site is designed so that not only is it maintained with preexisting 100 year runoff rates with the use of the rainwater garden bioretention basins etc. but it is actually encouraging infiltration. The characteristics of the runoff and drainage on this site are actually less impacting on the lake as the existing neighborhoods that were developed under previous design standards. This would be characterized as using low -impact development. Mr. Roberts said as far as the shoreland regulations are concerned, he has reported on that on pages es 7 and 8 of the staff report. The city is not proposing any variances or waivers to shoreland regulations. An important part of that regulation is screening from the lake, and that would be accomplished with the final landscaping plans. This would be done very similar to what the Rosewood Estates had done with planting of large trees to screen the building. Ms. Dwight said then she did not understand what the public meeting notice means when you say that the applicant is requesting a CUP because the city code specifically states the shoreland district regulations requires a PUD for development. Mr. Roberts said the shoreland code requires the PUD because the development is proposed to have buildings that have more than 4 units. If this building had one or two up to four -unit buildings, a PUD would not necessarily be required. The shoreland code specifically says though if you have any housing with more than 4 units in any one building you automatically have to have a PUD. Ms. Dwight said there were comments made that once the city allows a PUD then you are going, to allow for flexibility for things such as setbacks, street widths, and right-of-ways.. Does that mean the buildings will be able to be built right on the street with no setbacks she asked? Mr. Roberts said the driveways and streets within the development are all private. There are no public streets, so therefore, there are no setback standards from the internal streets. The setback standards that do apply are along Maryland Avenue and along Sterling Street because those are public streets and will remain public streets. Mr. Roberts said what the PUD would allow the city to do is if this was a public street and the normal setback for a front yard would be 30 feet, because with a private driveway within a PUD you can reduce that to 20 feet allowing the city to pull farther away from the buffer and the corridor allowing for shorter driveways and less pavement on the site. That is one example where there is internal flexibility through the PUD to hopefully.get a better design that would have less impact on the neighborhood and on the corridor. Ms. Dwight asked staff what pian B was if the city decides they don't want to buy this corridor or if the DNR doesn't have their money. She said everyone knows what kind of funding situations the state agencies are in. Mr. Roberts said in the staff report the letter from the DNR is included and Mr. Roberts specifically asked Mr. Singer with the DNR that same question. The $150,000 is still there and has not been lost in thegp rocess of the budget cutting -process rocess as of last week. If the city decided not to buy this p g then it would revert to private ownership and would probably become large backyards off the town homes or a privately owned strip of land that would be owned by the homeowners association within the development. Then therewould_n-at be public access to the corridor. The benefit ofthe, -RM"Vm, cit and the DNR buying it together is that then it becomes in the public domain and all of the y Y g g public can use it. Ms. Dwight would like to reiterate that she was disturbed when they called this a park to begin with because it is a creek bed, not a park. She does agree that it is open space but it is not a ark. The more open space the city can provide, the better for everyone. There is a lot of wildlife there in that area, and confining wildlife to a creek bed is possible and they could adapt, but it is important that the cit keep as much green space there as possible. If the city could make it wider p Y p than what is proposed so far, she would appreciate that. She also thinks it is very important ortant to switch the zoning on this to single-family homes rather than multiple to save the lake. The city has not done a very good job at developing Beaver Lake and this is the last area to develop so the city should do it right. Commissioner Rossbach asked the staff to comment on the ability that the city has to change the zoning while there is a proposed development in the process? Ms. Coleman said this is the fundamental question of the evening. The city has tried to talk to the neighborhoodhborhood about this for the past ear that the cit has been working on this- development. The g p Y Y property was zoned R-3 back in th.e 1980s and it was not done illegally. There are city records that denoted the process that happened. The property owner has not changed the property and it has remained in the property owner's hands. He has not requested that the property be rezoned. During that time the city did approach the property owner to buy that property for open space, and as council member Kathy Juenemann knows, who was involved with the open space committee and is also in the audience, part of that program to buy open space was "willing seller" and "willing buyer" only. If a articular property owner was approached to buy their open space and they Y Y p p p Y chose not to participate, the city moved on and worked with people that were willing to sell their property. Subsequently Mr. Schrieir sat on that land for quite some time and has now chose to sell it for development. He has not asked to have it rezoned. Ms. Coleman said a city would find themself in legal trouble if they take people's property and try to rezone it without a public purpose. In her history with the City of Maplewood, they have never asked anybody to rezone their property without their permission or without some kind of overall Y land use plan commitment. The only example .she can think of where the city has taken land and rezoned it is a few parcels on White Bear Avenue that were zoned as single-family homes and were planned commercial property and the cit rezoned the property to match the land use plan. p p p Y Y In this case, the land use plan is consistent with the existing zoning. If the city were to go with the resident's -recommendation to down zone this property to R-1, the city would end up in court very and lose. There i -s case law all over the lace that would say the city would lose. The city quickly p Y would then pay attorneys to battle this out in court and the city would lose and Mr. Schrieir would - still have the R-3. zoning. You can't just take someone's property and diminish its value. In this case it would by down zoning it from R-3 to R-1. That would be like her taking one of the resident's property and her deciding it should be zoned R-4 for apartments and wipe out the block. Ms. Peterson spoke again. She said when the residents fought to have it rezoned, the residents lost. The residents asked if the rezoning could be put back to what it was originally. - She thinks Mr. Schrieir is too selfish to do that because he is a wealthy land developer and he will not live long enough to see what will be developed in this area. The people that do live in the area are the ones that will have to put up with it, and he doesn't really care about the people. Cathleen Juenemann at 721 Mount Vernon addressed the commission. Although she is on the city council, she represented herself at the -meeting as a citizen. No one is sadder about the fates of this property. As she grew up in that neighborhood. You cannot take away the last years of history and that is a very sad thing for a lot of people. Developing that corner is not something she wants to do. She sits on the city council and will have to vote on this project. She has to let people know that what Melinda Coleman says is true. If this were to go to court it would Lose. When you annoy a developer, it doesn't make it any better. The city and the residents have to follow the rules and the laws. She understands the passion and she understands the sadness. Laws are laws and Mr. Schrieir owns the property and if the people could go back 25 years to change histo it would make people ha but we can't. She thinks the setback should be wider g history p p happy for the creek bed. The best thing for everyone is to watch and cooperate with the developer to make this the best outcome as possible. The open space program is willing seller and willing buyer. It is sad but it is also a fact that Mr. Schrieir did not want to sell the property to the city. Tire Kennedy at 1134 Glendon Street addressed the commission. He thinks what the city is missing here is granting a PUD to a developer is a gift and it is not a. requirement. The city can hold the developer to any and a,ll restrictions on the property. The city has talked about the seven p g acres at previous meetings, the creek way and the right-of-way for the pipeline as buying down density. However, the density has not been bought down. The remaining 18 acres of land after the city buys the greenway through the middle of it will allow 108 units. He doesn't know why the city wants to take liability on approving a leaky pipeline. They have taken six or seven houses out on Bartelm Lane just to the south of there, and it is the exact same pipeline. The entire stretch of Y pp ,. pipe was made at the same time. It's proven to have problems and he doesn't understand why the city wants to take on the liability for any reason other than having a bike path. What is the interest of the city in it is? It has been mentioned that it is on unbuildable property. In response to Mr. Tripps question, uestion, was the rezoning to R-3 legal; the residents had questions about that at previous meetings. It was Mr. Fursman's indication at a previous meeting that perhaps it was not a valid request to have it rezoned. Mr. Kennedy said there were no valid development plans, the plan had expired on it before the beginning of the year in 1982, and at the end of February, 1982 it was rezoned from farm to R-3 g g Y without any valid plans for the land. Mr. Fursman had indicated that it was his belief that was an illegal move on the developer's part and an illegal move for the city to accept and to extend the R- 3 zoning on that land, and he would like someone to comment on that. Ms. Coleman said her understanding of the zoning law is that you don't rezone with plans in front of you, that you really rezone on the merits that it make sense to rezone the property. So the Y Y Y statements that Mr. Kennedy just talked about don't really make any sense to her because when you do that it is called contract zoning when you say we are not going to rezone that land until you show us someplans. In practice the city sees the plans at least conceptually. If the city were just to make a deal with Mr. Schrieir that the city is not going to rezone his property until the city sees exactlyeve building and layout, that could be construed as contract zoning and that is illegal, so every g she is not sure where the argument came from or if there was some misinformation, but staff will do some more research on this. Mr. Kennedy said there had been a valid land use plan. At one time they had a project.they were going oin to build on it. The project expired at the end of 1981, and the zoning went forth and it was voted on and approved by the city council two months later. Ms. Coleman said that it is perfectly legal to keep the zoning in place if the project doesn't hpp a en. When there are plats and they don't get built within two years, they do become null and void, but rezoning is completely different.. The city council can decide whether to rezone the,., property with or without plans. Chairperson Fischer asked staff what the time limit constraint is on a PUD? Ms. Coleman said a PUD also has a one-yeartime constrainton it. If the developerdoes not start within one year of approval, they would have to come back to the city council and ask them to extend it. Mr. Kennedy said another concern that has been at past meetings is the traffic. Apparently something that was never done in a traffic study was the.traffic on Geranium Avenue. He lives to the east of this proposed project off of Geranium Avenue. Geranium Avenue has become an arterial road that it was never designed for. It has the park on one side and there has been a three-way stop put on it to try and slow down traffic. Few vehicles actually stop for the stop, and it has a p high rate of speed on it as well. He noticed that the Maplewood Police Department recommended for this project that there be no left turns out of the development onto Lakewood Drive. He believes that will force further traffic to utilize Geranium Avenue. What he would like to know is if there is citizen input and agreement on it? There are going to be all the roads ripped up at the time of the development anyway to extend the sewer and the other utilities. Would it be possible for Geranium Avenue to no longer be a thru street and could it dead end somewhere east of Sterling Street? If you look at the plans, the developer actually added units from the first proposal and this new version he said. Chris Cavett said regarding the concept of cul-de-sac Geranium Avenue, the city has entertained some of those requests in the past during street improvement projects if it has made sense, but it is not an area that is currently planned for reconstruction within the next five years. In regard to speed and volume, it is definitely a concern of the city that the city, is concerned with. The city recommends that residents contact their neighborhood officers. If there are other things that can be done to calm traffic, the city would look at those options. Mr. Kennedy said actually he believes the city will be doing improvements on Geranium Avenue because the city will have to restore the road after the utility hook-ups. Mr. Roberts said he disagrees because the sewer and water come in near Maryland Avenue and Sterling Street, and he doesn't believe Geranium Avenue would be touched at all in this project. Mr. Kennedy said it was the resident's understanding at past meetings that this will be the straw that breaks the camel's back and is going to require just about a total sanitary sewer redesign which is going- to encompass Maryland Avenue, Sterling Street and Geranium Avenue. Mr. Cavett said there is currently a sanitary sewer that pretty much follows the creek alignment, and the materials are in pretty poor condition. It has been a reconstruction the city has been looking at fora number of years now. With this development, the city is proposing to replace that. line and sharing some of the cost with the developer. It will require reconstruction of a small - portion ortion of Sterling Street but basically the line goes through the development. It needs to connect from Sterling Street on the east to Lakewood Drive on the southwest part of the development that is where that line runs. There is nothing other than the connection at Sterling Street that is going to disrupt anything else. Mr. Kennedy said he was misinformed on that. He would, however, like the city to consider putting. a cul-de-sac on Geranium Avenue. If anyone from the city spent any time in the area especially when there are ball games at the park ball fields, the road is impassable and. is very p Y unsafe. He would like to know if the council has given any consideration to the fact that Beaver Lake school is closed, and the school board has indicated it is closed permanently because it would cost too much to upgrade the building. Because of the access laws it is not feasible to open the building again. They have not taken a vote on it yet, but their studies find that they probably will be at least looking at selling the property again. Is the neighborhood going to be going through this all over again? That is about a 20 -acre piece of land that will be open -for development, plus they own all of the woods on the fault line of the hill that abuts the parkland. Ms. Coleman said the school district has not approached the city on reuse of that building. She actually put a telephone call into Leslie Steinhauser earlier in the day, and Ms. Steinhauser did not return her telephone call and Ms. Coleman wanted to get an answer to that question for the meeting. But nobody has called the city in regard to anyone's concerns about what their plans are or if they are going to sell. She doesn't think they would do that until an action is final. g g Mr. Kennedy said he hopes the city can see where this is a viable concern of the residents. Ms. Coleman said if this becomes an issue for the city to discuss, they would certainly want to meet with the neighborhood to see what kind of use they would like it to be. The city will try to get that conversation started with the school district once they make their final decision. Mr. Kennedy said his concern is if the residents are going to end up with 100 rental units in the area from this development and a 300 -unit apartment complex, could another development be put where the school is? Where does it end? He really questions any need for any more rental property and low-income housing in the area. You can draw a circle around the area and you p Y don't have to go too far because there are two mobile home parks and three apartment buildings, and he thinks the area has become saturated. Somewhere along the line, the city quit looking at the big picture for the city in his opinion. Richard Gilbert at 1140 Glendon Street addressed the commission. He said he supports the residents in their feelings regarding this proposed development. It is about density and having a quality of life and the room to breathe. The issue of traffic is his highest concern. How would the commission members feel having this project coming into their neighborhood? Even without the development, the level of service will be a level E. Imagine what it will be when the development is complete then-. That is not acceptable, he said, as a resident of Maplewood. There are a lot of homes going up for sale in the area and these are decent law-abiding citizens. Thep olice report says they expect increased traffic and emergency calls, but everyone knows that will mean more violence calls as well, he said. He said maybe he should not be concerned and thero ert will turn out nice and there will not be a high level of crime and everything will be p p Y fine. He believes if there were single-family homes in this development, the neighborhood would be more peaceful there. He bought his home in the neighborhood in 1995 to get away from the thru traffic and there was a ninety -degree street there. He has to imagine that the planners and commissioners realize there isoin to be additional costs to expand streets if it is LOS E. He g g came to the meeting to stress the lowering of density, to stress the priority of traffic, and to support the other residents that have come tonight. Carolyn Anderson lives in Eagan but she is at the meeting representing her parents that live at 1070 Lakewood Drive. Her parents' -property abuts this project directly. She wants to sayer this plan is a much more responsible plan than what the residents have seen in the past. She has attended three of these meetings on her parents' behalf. It appears with this plan to do the vacation of Magnolia Avenue and to put the street further at the top of the hill, from a traffic standpoint this will be an improvement. She thinks development should be single-family homes, but it looks like this project is going to move forward as it is anyways. Mr. Nordwall spoke again. He thinks this is the best plan they can do. The city is saving the ridor, and it is more than 50 feet and he wonders if Mr. Roberts could give the exact width of . ' cor the corridor. Mr. Roberts said the currentro osal at the narrowest point is 155 feet wide for the corridor and p p that is up from 130 feet wide and up from 80 feet wide from the first proposal. Mr-. Nordwall said yes, the city and the residents want to protect the wildlife and he doesn't want this land to be developed on either because he lives right across the street. However, it is going to be developed anyway. What can be lost if this doesn't get approved by the residents is if you hassle the developer, then he won't allow the corridor width. Everyone has a responsibility for all types and classes of people that live in Maplewood. Whether it is a mobile home park, apartment or complex s.in le -family homes, everyone has a right to live there. p g Mr. Nordwall said that really bothers him when people say a certain kind of person shouldn't live in that area because there are too many living there already. At least 50% of the open space is going oin to remain of the 26 acres. The tallest structure will be 25 feet tall. Will the city allow a structure higher than 25 feet tall he asked? Mr. Roberts said he doubts it, but that would be a city council decision. Mr. Gilberts regarding the amount of people, not the oke again. He said his comments were M p g type of people, and he apologized if he offended anyone. He understood there was some soil testing done in the area. Is that correct he asked? Mr. Olson said there was a soils report prepared for the project. The soil was generally very good for development in the areas that buildings are proposed in. They see no problems with standard construction procedures. Mr. Gilbert asked if there were any issues with the pipeline and the soil? Mr. Olson said there were contaminants found in any of the soil samples. Mr. Gilbert asked if that is a matter of public record? Chairperson Fischer said that staff is nodding their head yes, that it is a matter of public record for the soil report, and they do have a record of it. Ms. Lutfey spoke again. She said she would like the planning commission to really think about the density. That real) is the biggest issue here she said. They keep saying they are building 5/2 y y i units per acre on 27 acres and they are not. Be cognizant of the fact that it s 18 acres and if they p • did abide b the laws and not have a PUD and not have special treatment, there would only be y 108 units. That is one PUD that has to be -g -ranted she said. It just seems that the city -has been siding with the developer because he has been granted extension after extension. She is not sure if legally he can do that but she guessed they can. She asked if that was legal.. Ms. Coleman said he did it as a special favor to the City of Maplewood and the city extended it so the EAW could be done. That was driven by the residents concerns that the city addressed those issues, so an EAW was ordered, and that prolonged the process. The sixty-day time limit will expire May 13 and the city talked to the developer about agenda placement because the city has several assessment hearings on the May 13 city council meeting. The city thought it would be best to postpone it until the May 28 city council meeting. That was just a discussion with the er develo and staff because e city if the left it on the May 13 agenda there would probably be two p hours of public hearings on the assessments before the city could get to this item. The city did it out of a courtesy everyone one involved to move it to May 28, but the developer has been given no rY special consideration. Ms. Lutfey said a PUD, in her understanding, is when a developer is asking the city to bend the laws so the developer can build what he wants the way he wants to. Is this correct or not she asked? Mr. Roberts said that a PUD is often used by a developer as an alternative to a zone change to allow a development. He said he wants to make it clearthat the PUD in this case was required by the shoreline code. The developer did not have a choice. He had to go through the PUD approval process again because of the type of buildings he is proposing. Ms. Lutfey asked if a CUP that the developer is asking for, is he under any law, or does that mean the developer is asking if they can build it even though your laws say you can't build it? Mr. Roberts said all PVDs are approved by conditional use permit (CUP) so it is essentially the same item. Toapprove a PUD, the city is technically approving a conditional use permit (CUP). Ms. Lutfeysaid so basically the planning commission does not have to approve the PUD? Y p g Mr. Roberts said the city council would have to approve the PUD. Ms. Lutfeyasked if the planning commission has to approve the PUD in order for it to go to the p g city council? rt said no the planning commission can recommend denial and the city council will still Mr. Robes p g hear it. Ms. Lutfey said then she is asking the planning commission to take into account all the residents that have spoken. One of the residents that talked about how great this new plan was, the house that she is referring to just happens to have a for sale sign. Not that it matters, -but it is easier to like something that you know is really not going to directly affect your life or your loved one's life. But for many people that are going to live there for years and years, this is going to affect their lives. One of the neighbors said it at one of the past meetings, the people that live there want to live there for the rest of their lives. She knows couples that had intended to retire there so, this is going to affect a lot of people. She really hopes the planning commission is cognizant of that g g p p Y p when they recommend this. Know that you have a lot of people's lives at stake here, and this is not a trivial thing, and the residents really appreciate members giving it their full thoughts. She would say 95% of the residents do not approve of this proposed development. Members have it in their ability to help change this a little bit or- a lot depending on how members decide the final decision. Mr. Kennedy spoke again. He had a duplex built next to him about eight years ago and he petitioned the city council to adopt a resolution that rental properties have a maintenance -free exterior. He asked if that is still in effect and will that be required forthis proposed development? Chairperson Fischer said she realizes this is a community design review board item, but can staff answer that question? Mr. Roberts said it is standard practice to have maintenance free exteriors on all of these buildings. Mr. Matt Ledvina is on the community design review board and he would be looking at that when they receive the plans. Mr. Kennedy asked if the developer has submitted any plans yet? Mr. Roberts said not yet. Commissioner Rossbach said he is curious if the city has a code or an ordinance that says you have to have maintenance -free exterior or is it just standard practice? Mr. Roberts said he doesn't think it is written as a specific code, he believes it is just standard practice. Commissioner Ledvina said it is just in the best interest of the homeowner to have it be the least expensive for upkeep over the long haul to have maintenance free exterior on the home. Commissioner Trippler asked staff to address one of the statements that spoke to the commission. Are the 27 acres the whole property, or is that not including the 8.9 acres that is going to be open space? Mr. Roberts said that is the whole site before the 8.9 acres that is going to be open space. Commissioner Tri ler asked if the developeris able to use the 8.9 acres as part of that in figuring pp his 5Y2? Mr. Roberts said density calculations are allowed over gross acreage overa site before anything is deducted like wetlands, streams or easements. Commissioner Dierich asked. staff if the city is buying the wetland then that is not his property? Mr. Roberts said it won't be after the fact, but the practice of the city has always been to give density credit before hand. Commissioner Dierich asked if staff could tell members how much density there would have been had this site remained farm zoned? Mr. Roberts said his best guess is single-family homes at 4 units an acre, which is the higher density you could get with single-family homes. There would be around 100 -to -110 single-family homes built there. Commissioner Dierich asked what the ordinance was on private drives and how long can they be? Mr. Robert said there is no length limit on private drives. Commissioner Dierich said there is no length limit and the city does not want to put in the roadways to this and have the city set setbacks. Mr. Roberts said that is correct, and the benefit to the city is they won't have to maintain them and plow them etc. Commissioner Dierich asked on the pipeline setback how is it that the lots on number 1,2,3,4, 23,24,41, and 42 can be inside the setback for the pipeline? Mr. Roberts said thepip eline ordinance allows ownership of pipeline easement, but the buildings themselves have to be at least 100 feet from the pipeline, and all the buildings meet that setback standard. Commissioner Dierich asked staff to address the issue for the money for the corridor. She is trying in to process what the residents were saying about the city paying for land that the developer. can't develop anyway. Ms. Coleman said the- city g is working with the DNR to purchase the 8.9 acres and the city will be using open space funds with the DNR funds to buy that, and what the city is buying is access to thatro ert . If the city were not to buy that property, it would be held in private ownership and p p Y the lot lines would be extended out to the middle of the creek, and the city would have no right to be there. So the city is buying access and use of that wetland corridor. Commissioner Dierich asked how much per acre is the city going to buy the land for? Ms. Coleman said the city is paying $400,000 minus the $150,000 from the DNR, so the city is paying $250,000. Commissioner Dierich said so about $50,000 per acre is the actual dollar amount for undeveloped land. Commissioner Rossbach said that is a similar amount that the city is proposing to ask for in the Gladstone Area for the seven lots that are 16,000 square feet. Commissioner Dierich said but that is for developed land, not undeveloped. She said that is quite a bit more than what undeveloped land acreage is going for in the city at this time. Commissioner Trippler asked staff about the letter that the city got from the Department of Natural Resources. On page 64 of the staff report on the bottom paragraph, it talks about storm water detention basins, and one of the things that caught his attention is it talks about who will be responsible for ensuring that they function as intended over their lifetime. Also on page 65 of the staff report in the second paragraph, it talks about site restoration, and they talk about a natural resource management plan for the easement area will be required, is that something the city is doing or is that something the developer does, and where is the city on that? Ms. Coleman said Mr. Singer from the DNR is in the back of the room in the audience, but she is going oin to try and answer that question and if he has something different to answer he can let the commission know. The city is going to be reviewing that to figure out who is going to do the plan, but her understanding is that the two agencies will be working on that together. Commissioner Trippler asked who takes care of the storm water retention basins? Coleman said the basins that are on the city's land the city will manage, and the basins that Ms. are on private land, they will manage. Mr. Cavett said one condition of the engineer's review, for example, that there be some treatment structures on site to capture sediment, and that a condition, of the homeowners association is that the do an annual cleaning of that, possibly with their street sweeping. That will be something on Y ii the city's responsibility to inspect and enforce if t s not being done. Joan Doehling at 1115 Sterling Street addressed the commission. Her father also owns some property behind her house. Mr. Schrieir came to herfathers house and offered him some money p Y for that land. When the saw that he wanted Maplewood to pay $50,000 an acre he did not even Y come close to that dollar amount. So here Mr. Schrieir wants Maplewood to pay $50,000 an acre and in January 2002 he would give her father a measly $10,000 an acre for the land. Kathleen Peterson spoke again. Joan Doehling is her sister. If Mr., Schrieir really cared about the p g area, peo le and the neighborhood, hborhood, he would donate to the city that acreage and not ask the city p g to pay $400,000 which most of it he can't really develop anyway. They tried stopping the creek at onetime, and everyone knows what happened with that proposal. Mr. Schrieir was willing to give p Y .her an father peanuts for amount of land he could buy off of him, and that is taking advantage of people who will be long gone after he makes his millions off this development. g p g Ms. Doehlin spoke again. She wondered if this project goes through if the land behind 1115 SterlingStreet North is going to be landlocked and will the developer have access for a driveway g g from the town homes or the apartment buildings? Roberts said there is no proposal to provide any access to the neighbor to the south and they M r. p p P . would have to negotiate that from the owner or the developer. Chairperson Fischer closed the meeting for public input. Commissioner Dierich said she real) appreciated hearing from the people that are concerned t this neighborhood and congratulated all of them for coming g out to this meeting. Whether g g you like the proposal or not, she commended them all for speaking out. TW Commissioner Monahan-Junek asked staff about the natural resources management plan. She thought there were some residents that had an issue of how the creek bed and the setback and the buffer area would be maintained? Does that put into effect some authority of the DNR to help take a look at this to make sure this is not disturbed or encroached on by the residents? Mr. Roberts said that would be something the city would be working on with the DNR and probably robabl the naturalist from the Nature Center and those who work on the open spaces to put a plan together that works both for the DNR and the city. The city hasn't started that process yet, " il g but the city will have a lot of work to do on that. Commissioner Monahan-Junek said being a responsible Maplewood resident like everyone in the room, she does appreciate that this plan has changed. She was not a part of the planning commission when the first proposal came through, but what she does like about this proposal is some connection the city has between the Priory property, Jim's Prairie, Beaver Lake and possibly a connection to the Nature Center. Ms. Monahan-Junek wantseople to .understand her heart hurts too when she sees a nice piece p of property g being developed. But there are a few good things. The city has an opportunity to work with the DNR and to be able to preserve and share some of this property and make it open for more than just these residents but also for others that live on other streets, and that opens opportunities for others to come down Lakewood Drive on the sidewalk and get to the Nature Center rather than driving. She appreciates this opportunity to work with the DNR and provide a connection. Commissioner Rossbach said he thinks this is a good development. He doesn't think that Mr. Schrieir is on trial, but it doesn't sound like he is too swell of a guy, but that isn't the point here. He was a thought this good development even before the EAW. The plan hasn't changed that g much. The city and staff specifically, in his opinion, have done an excellent Job with negotiating with Mr. Schrieir and arranging it so there is going to be some public access, and there will be a lot of land p reserved. This is a good development plan, and he has no reason to change any of the recommendations from staff to the planning commission. Commissioner Rossbach moved to approve to the city council the resolution starting on page 55 of the staff report. This . resolution approves a conditional use permit for a planned unit development for the Beaver ' Lake Town Home development on the south side of Maryland Avenue between Sterling Street and Lakewood Drive. The city bases this approval on the findings required b code.(Refer to the resolution for the specific findings.) Approval is subject g q Y _ to the following conditions: plans 30, 2001, except where the city the lans date-stamped A 1. All construction shall follow p p requires changes. Such changes shall include: a. Revising the grading and site plans to show: (1) No grading or ground disturbance in the park dedication area and in the wetland and stream buffer areas except: (a) As allowed by the watershed district. (b) For the utilities and trails. (2) The required trails and sidewalks (3) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's NURP pond ordinance standards. (4) At least fifty (50) percent of project area (13.5 acres) remaining as open space. (5) The developer minimizing the loss or removal of natural vegetation including keeping and protecting the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor near the rear of proposed buildings 26-34. (6) Changes to the private roadway parallel to Maryland Avenue that is to provide access to the proposed homes on the south side of Maryland Avenue. This private roadway shall be: (a) Set back at least 15 feet from the Maryland Avenue right-of-way. (b) At least 20 feet wide. (c) Posted for no parking on both sides. (7) Additional 20 -foot -wide driveways that connect the: (a) Driveway west of building Number 44 to the private driveway near buildings 26 and 27. (b) Driveway between buildings 52 and 54 to the private driveway in front of building 11. (c) Driveway south of building 54 to the private driveway in front of building 15. I These driveway changes shall be subject to the approval of the Fire Chief. (8) All driveways should be at least 20 feet wide. If the developer wants to have parking on one side of a driveway, then that driveway must be at least 28 feet wide. (9) All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet. b. The developer deeding the area labeled "Park Dedication" on the plans to the City of Maplewood. This dedication is to help protect the most sensitive natural features on the site and would protect this part of the site from building, fences, mowing, cutting, filling, grading, dumping or other ground disturbances. This dedication also would help ensure the natural linear or corridor aspect of the site (primarily around the stream) would remain as it is now. The Parks and Recreation Director shall approve the land for area(s) for dedication to the city. The city may use the Greenways grant from the DNR, while matching the state dollars with city open en space money, (as is required) to buy the protected area along.the stream and wetlands labeled as Park Dedication on the plan dated April 30, 2001. The city council may approve major changes to the plans. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for.one year. VHave the city g pp engineer approve final construction and engineering plans. These plans shall: a. Include grading, utility, drainage, erosion control, streets, trails, ,sidewalks, tree, _driveway and parking lot plans. b. Show no grading or ground disturbance (except where utilities or trails are installed) in the: (1) Required wetland and stream buffer areas. (2) Park Dedication area. This land will be for city park and open space purposes. The developer and contractors shall protect the park dedication area, including the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor, from encroachment from equipment, grading or filling. City -required trails are allowed .in the buffer and park dedication areas. c. Include a storm water management plan for the proposal. d: Include a coordinated plan with the public works department for the design and installation of the sanitary sewer lines or for the repair or realignment of the existing sanitary sewer line that runs through the site. 4. The design of the ponds shall meet Maplewood's NURP pond ordinance standards and shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off-site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements p and meet all city requirements. b.*Place temporary orange safety fencing and signs at the grading limits. c. Install perms signs permanent si around the edge of the wetland buffer easements. These signs g shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. d. Install survey monuments along the wetland boundaries. e. Remove any debris, junk or fill from the wetlands, stream corridor, park dedication area and site. f. Furnish and install a tot -lot or playground near buildings 49 or 51 on the western part of the development, if required by the city council. The Parks and Recreation Director shall approve the plans for this facility. g. Install a 5 -foot -wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the east driveway of Rosewood Estates to the west of the site. The developers engineer shall show this sidewalk on the grading and construction plans. The city engineer shall approve the details of these plans. h. Construct an eight -foot -wide paved public walkway and two -rail split -rail fencing in the following locations: (1) From the private drive in the west side of the site between Lots 9 and 10 to near the stream in the center of the site. (2) From the private drive in the east side of the site, between Lots 24 and 25 to near the stream in the center of the site. The trail must have a surface that is not impervious -when trail is in a wetland or stream buffer area. The developers engineer shall design the trails to follow the existing property contours andro osed utility corridors to save as many trees as possible and to minimize p p the amount of grading necessary to install the trails. i. Restore all disturbed areas within the stream corridor and park dedication areas with a native seed mix approved by the watershed district and by the city engineer. 6.* The developer shall give the cit wetland easements over the wetlands and the stream. p g Y The easements shall cover the wetlands and any land within 50 feet surrounding awetland. The easements also shall cover the stream and any land within 50 feet of the top of the stream bank. These easements shall prohibit any building, mowing, cutting, filling or dumping within fifty feet of the wetland and the stream or within the wetland itself. The p g Y purpose of this easement is to protect the water quality of the wetlands and the stream from fertilizer and top rotect the wetland and stream habitat from encroachment. 7. The approved setbacks for the principal structures in the Beaver Lake Town home PUD shall be: a. Front -yard setback (from a private driveway): minimum -20 feet, maximum -35 feet b. Front -yard setback (public side street): minimum -25 feet, maximum -35 feet c. Rear -yard setback: none d. Side -yard setback (town houses): minimum -5 feet to a property line and 10 -feet minimum between buildings e. Side yard setbacks (apartments): 20 -feet minimum between buildings 8. This approval does not include the design approval for the town homes or for the apartments. The project design plans, including architectural, site, tree and landscaping plans, shall be subject to review and approval of the community design review board (CDRB). The projects shall be subject -to the following conditions: - MW a. Meeting all conditions and changes as required by the city council. b. The buildings shall have a maximum height of 25 feet (unless the city council approves taller structures). c. The developer shall design the structures to reduce their visibility from the lake. This shall include using vegetation, topography, increased setbacks, color or other means to accomplish the screening. The city may require additional vegetation to help screen these facilities. d. For the driveways: (1) Minimum width -20 feet. (2) Maximum width -28 feet. 3 All driveways less than 28 feet in width shall be posted for "No Parking" on both sides. Driveways at least 28 -feet wide may have parking on one side and shall be posted for no parking on one side. e. Showing all changes required by the city as part of the conditional .use permit for the planned unit development (PUD). 9. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable lots for any outlot in the preliminary, plat before the city will issue a building permit. 10.The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 11. The city council shall review this permit in one year. Commissioner Rossbach moved to approve the planning commission recommend the city council approve the.resolution starting on page 60 of the staff report. This resolution vacates part of the unused Magnolia Avenue and Sterling Street lying west of Lakewood Drive and south of Maryland Avenue in the Beaver Lake Town homes PUD. It is in the public interest to vacate these right-of-ways for the following reasons: 1. The adjacent properties have adequate street access. 2. These right-of-ways are not needed for the public purpose of street construction. 3. The developer will be dedicating new right-of-ways with the final plat for the project. Commissioner Rossbach moved to approve the planning commission recommend the city council approve the resolution on page 62 of the staff report. This resolution vacates the unused pp p g drainage and utility easements lying east of Lakewood Drive, west of Sterling Street and south of g Y Y g Maryland Avenue in the Beaver Lake Town homes PUD. It is in the public interest to vacate these easements for the following reasons: 1. The adjacent properties have adequate street and utility access. 2. These'easements are not needed for their original public purposes. 3. The d per evelo will be dedicatingnew =easements with the final plat for the project.._ Commissioner Rossbach moved to approve the planning commission recommend the city council approve the Beaver Lake Town Homes preliminary plat (received by the city on April 30, 2001). 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 public improvements 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 streetlights in at least 15 locations - primarily at street and driveway intersections and street or driveway curves. The exact style and location shall be subject to the city engineer's approval. d. Pay the city for the cost of traffic -control, street identification. and no parking signs. e. Provide all required and necessary easements. f. Cap, seal and abandon any wells that may be on the site, subject to Minnesota rules and guidelines. gp . Complete and replace as necessary the curb and gutter on Sterling Street and on Maryland Avenue. This is to replace the existing driveways and driveway aprons on these streets. This shall include the repair of the pavement and the restoration and sodding the boulevards. h. For the trails and sidewalks, complete the following: Construct an ei ht -foot -wide paved public walkway and two -rail split -rail fencing in the (1) g following locations: a. From thep rivate drive in the west side of the site between Lots 9 and 10 to near the stream in the center of the site. b.. From the private drive in the east side of the site, between Lots 22 and 23 to near the stream. All trails between lots shall be in an 18 -foot -wide trailway or pedestrian way or in easement areas. (2) The developer also shall build afive-foot-wide sidewalk along the south side of Maryland Avenue between Sterling Street and the east driveway of Rosewood Estates. (3) The developer shall install a two -rail split -rail fence on both sides of each trail and posts at the end of the trails to prevent motorized vehicles from using the trail. (4) pThe developer shall build the trails, sidewalks and fencing with the driveways and streets and before the city approves a final plat. .11 (5) The city engineer must approve these plans. i. Install permanent signs around the edge of the wetland and stream buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, 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. j. Install survey monuments along the wetland boundaries. k. Install survey monuments and signs along the edges of the area labeled "Park Dedication." These signs shall explain that the area beyond the signs is a public park area and that there shall be no building, fences, mowing, cutting, filling, dumping or other ground disturbance in that area. The developer or contractor shall install these signs before the city issues building permits in this plat. I. Install signs where the driveways for the apartments and for the town houses intersect the. public streets indicating that they are private driveways. 2.* Have the city engineer approve final construction and engineering plans. These plans shall includeradin , utility, drainage, erosion control, tree, trail, sidewalk, driveway and street g g plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building 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) Building pads that reduce the grading on site where the developer can save large trees. (4) The street, driveway and trail grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the p p g plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement stabilization and planting plan. These 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) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boun-dary without temporary grading easements from the, affected property owner(s). (9) A minimum of a 10 -foot -wide, 10:1 bench below the normal water level (NWL) of any pond designed to be a wet pond. The depth of the pond below the NWL shall not exceed four feet. (10)Additional information for the property south of the project site. This shall include elevations of the existing ditch, culverts and catch basins and enough information about the storm water flow path from the proposed ponds. (11) Emergency overflows between Lots 9 and 10, Lots 22 and 23 and south of proposed building 42 (out of the ponds). The overflow swales shall be protected with permanent soil -stabilization blankets. (12) Restoration in the stream corridor and park dedication area being done with native seed mix or vegetation as approved by the city engineer and by the watershed district. C.* The tree plan shall: (1) Be approved by the city engineer before site grading or final plat approval. (2) Show where the developer will remove, save or replace Large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (21/2) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine and other species. (4) Show no tree removal in the buffer zones, park dedication areas or beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be (a) near the ponding areas (b) on the slopes (c) along the trails (d) along the east side of Lakewood Drive to screen the proposed buildings from Beaver Lake (e) along the south side of the site (west of Sterling Street) to screen the development from the existing house to the south The developer may use the tree groupings to separate the different types of residences. (7) Show the planting of at least 270 trees after the site grading is done. d. The street, trail, sidewalk and utility .plains shall show: (1) An eight -foot -wide paved public walkway and two -rail split -rail fencing in the following locations: a. From the private drive in the west side of the site between Lots 9 and 10 to near the stream in the center of the site. b. From thep rivate drive in the east side of the site, between Lots 22 and 23 to near the stream. , Thep arks and recreation director shall approve their locations and design. (2) p YThe public streets and driveways shall be a 9 -ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. All the streets, arkin areas and driveways with continuous concrete, curb and gutter (3) parking except where the city engineer decides that it is not needed for drainage purposes. (4) The removal of the unused driveways and driveway aprons and the completion of the curb and gutter on Sterling Street and on Maryland Avenue, the repair or replacement of the trail pavement and the restoration and sodding of the boulevards. (5) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. 6 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. r, (7) The plan and profiles of the proposed utilities. (8) Details of the ponds and the pond outlets. The outlets shall be protected to prevent erosion. (9) A coordinated sewer realignment and reconstruction plan. The city .engineer must approve the sanitary sewer realignment plans. (10) Afive-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the east driveway of Rosewood Estates. e. The draina ga Ian shall ensure that there is no increase in the rate of storm water run-off p leavingthe site above the current (predevelopment) levels. The developers engineer shall: (1) Verify inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: = �= Fps r tF V Ig a. 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. b. Show the wetland boundaries on the finalp lat as approved by the watershed district. c. Show the park dedication boundary and area on the final -plat. d. Make as many of the property lines as is reasonably possible radial to the cul-de-sacs or perpendicular to the driveways and street right-of-ways. e. Show street names for the driveways as follows: (1) 'The private driveway .in the west one-half of the site shall be called "Beaver Creek Parkway." The rivate drivewa in the east one-half of the site shall be called "Beaver Creek (2) p Y . Trailway." (3) The private driveway parallel to Maryland Avenue shall be called "Beaver Creek Lane.,, f. Show the existing pipelines and pipeline easements on the final plat. g. If necessary, increase the lot widths for the lots next to the pipeline to ensure that the building pads will be at least 100 feet away from the pipeline. (code requirement). h. Label the common areas as outlots. i. Show the trails in publicly -owned property or easements. 5. Secure andp rovide all required easements for the development. These shall include: a. Any off-site "drainage and utility easements. b. Wetland and stream easements over the wetlands and any land within 50 feet surrounding a wetland and a stream. The easement shall prohibit any building or structures within 50 feet of the wetland or stream or any mowing, cutting, filling, grading o dumping r dum in within 50 feet of the stream, wetland or within the wetland itself. c. A stream buffer easement that is at least 50 feet wide on each side of the stream that crosses the site. The easement shall prohibit any building, structures or any mowing, filling, 9 grading cutting, radin or dumping within 50 feet of the ordinary high water mark (OHWIVI) of the stream. Theur ose of these easements is to protect the water quality of the stream and -wetlands p p from fertilizer and runoff. They also are to protect the stream and wetland habitat from encroachment. d. An easements the cit needs for the realignment of the sanitary sewer through the site. Y Y 6. Si n -a developer's agreement with the. cry that guarantees that the developer or -contractor g p will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Maryland Avenue and Sterling Street (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the driveways. d. Work with the city as necessary for the realignment of the sanitary sewer through the site. This sewerJro'ect also will require an assessment agreement between the developer and p the city to compensate the city for the benefit'the developer receives from the city sewer construction. 7. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any additional driveways (besides the one new driveway shown on the project plans) from going onto Lakewood Drive and onto Maryland Avenue. c. A deed restrictionrohibitin the construction of a dwelling or its attachments within 100 p g feet of the Williams Brothers pipeline. This affects Lots 1 through 3, Lots 19 through 24 and F buildings 41 and 42 of the proposed preliminary plan the city received on April 30, 2001. g p. . The developer also shall notify the purchasers of the pipeline location. . d. A deed dedicating a 100 -foot -wide (50 feet from the top of each stream bank) stream buffer easement for the stream that crosses the site. e. Deeds dedicating the necessary stream and wetland buffer easements surrounding the stream and the wetlands. f. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or that would create additional building parcels in the plat g sites unless approved by the city. council. g. A deed that transfers the ownership of the park dedication area to Maplewood. Thea applicant shall submit the language for these dedications and restrictions to the city for pp approval before recording., the homeowners' association b laws and rules to the Director of Community 8. Submit h Y Development. These are to assure that there will be one responsible party for the maintenance of the private utilities, driveways and structures. plat as approved b 9. Show the wetland boundaries on the p pp y the watershed district. A trained and q ualified person must delineate the wetla-nds. This person shall prepare a wetland- d_elineatiori,,,. report. The developer shall submit this wetland information to the Watershed District office. The Watershed District must approve this information before the city approves a final plat. If needed, the developer shall change the plat to meet wetland regulations. 10. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 11. Obtain'a permit from the Ramsey -Washington Metro Watershed District for grading. 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. Commissioner Rossbach moved that thelannin commission recommend the city council adopt p g the resolution on page 64 of the staff report. This resolution is for the on -street parking standards and no on -street parking requirements for the Beaver Lake Town Homes PUD south of Maryland Avenue between Sterling Street and Lakewood Drive. Authorize city staff to spend up to $400,000 of city open space funds for the purchase of about 8.9 acres of the Beaver Lake Town Home site shown as park dedication. This purchase is subject to the: 1. City council approving the PUD, street vacations and preliminary plat for the proposal. 2. Developer recording the final plat for the project that shows the park dedication area. 3. Minnesota Department of Natural Resources (DNR) approving the use of the $150,000 matching grant money from the Greenways program for this site with the proposed plan. Commissioner Ledvina seconded. He would also like to add a friendly amendment item F. that the planning commission recommend the city council to authorize the spending of $400,000 of citv open space funds for the purchase of about 8.9 acres of the Beaver Lake Town Home site as shown on the' park dedication subject to the conditions 1,2, and 3 identified in the staff report. Chairperson Fischer asked Mr. Rossbach if that is agreeable for the motion? Commissioner Rossbach said yes. Vote on motion: Ayes — Fischer, Ledvina, Monahan-Junek, Rossbach, Trippler Nay- Dierich The motion is passed. This will go to the city council on the evening of Tuesday, May 28, 2002, after Memorial Day and a notice will be sent before hand. MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk 4A)l DATE: May 15, 2002 RE: Intoxicating Liquor and Sunday License for Mama Mia's Tntrndiirtinn A r' Agenda # .Action by Comte Dzfate i N died Rejected.........., Nico Kotsopoulos has submitted an application for an intoxicating liquor and a Sunday liquor license for Mama Mia's located at 3094 White Bear Avenue. Back round As required by City ordinances, the necessary background investigation was completed by the Police Department on Mr. Kotsopoulos. The following checks were completed: State and National criminal history check, State motor vehicle and driver's license file, State and National Wants and Warrants, Maplewood records and any contact with St. Paul, Minneapolis, Hennepin and Ramsey County. There was nothing found that would prohibit him from holding a liquor license in the City. Mr. Kotsopoulos has been given a copy of the City Code of Ordinances that apply to being an intoxicating liquor license holder and he has met with Chief Winger. Recommendation It is recommended that the City Council approve the intoxicating and Sunday liquor license applications. AGENDA REPORT TO: City Manager FROM: Assistant City Engineer AGENDA ITEM `' SUBJECT: Eldridge Avenue Improvements, Project 01-29: Resolution Accepting Report and Calling for Public Hearing DATE: May 20, 2002 Introduction Moa by Coffin Date .3; f'1 ca A draft of the feasibility study is complete and is available for review in the office of the city engineer. Final copies of the study will be made available prior to the public hearing. The study includes information on the proposed improvement, proposed financing and probable assessments. The city council will consider accepting the feasibility study and ordering a public hearing. Background The proposed project area is illustrated on the attached project location map. Unlike most projects, the residents on Eldridge Avenue have initiated this project. After a few very informal conversations with one of the residents on the street, a petition was received by the city council on December 10, 2001. The petition represented 68% of the property owners. Staff held the first neighborhood meeting on March 7, 2002. We anticipate holding another neighborhood meeting, during the week prior to the public hearing, to give property owners an opportunity to view the completed proposal and the findings of the study. Recommendation It is recommended that the city council approve the attached resolution accepting the report and calling for a public hearing for 7:00 p.m., Monday, June 10, 2002, for the Eldridge Avenue Improvements. CMC jW Attachments: Resolution Site Map RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted December 10, 2001, a report has been prepared by the city engineering division with reference to the improvement of Eldridge Avenue, from McMenemy Street to Desoto Street, City Project 01-29, and this report was received by the council on May 28, 2002, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $334,600.00 2. A public hearing shall be held on such proposed improvement on the 10th day of June, 2002, in the council chambers of city hall at 7 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. LOW= c t. i - rAT t I cQ .0 0. 1 V � E � ■ ,a AVA E ch 13 ........... LU LOW= t. i - rAT t I ■ AVA E 3 �' t. i - rAT t I AVA E 3 0 a) im� "o 0 �rn��-:�71i�=E a I I b'TT 0 a�a u a) (D O cu I A Elm ) 0 no 0 a) U C& MCC OVA LIS Ma I IRMIgaw -Do .5 cu CL a) 0 E .0, C -C S xxxx 00 0 AGENDA ITEM AGENDA REPORT Action by Coin TO: Richard Fursman, City Manager Date r.. FROM: Charles Ahl, Director of Public Works/City Engineerf1e �o 1 e:*C %- i J SUBJECT: Joy Road and TH 120 Signal System Improvements, Ci Project 0�-01 g Y p � City 1 Approve Memorandum of Understanding and Right of Way Purchase by MnDOT DATE: March 17, 2002 Introduction On April 8, 2002, the city council approved the preliminary layout for a new signal system to be installed at the Joy Road and TH 120 intersection. MnDOT staff has prepared a memorandum of understanding that specifies the roles for implementation of their project. The memorandum indicates that the city agrees to provide a small triangle of property for the signal cabinet and a temporary easement to allow the project to be constructed. Background Attached is the Memorandum of Understanding from MnDOT. Approval of the recommended motion directs staff to process a deed to transmit the small corner of right of way to MnDOT for the signal system, along with a temporary permit for MnDOT to construct the signal. The property needed is from the Joy Park open space. The parks director has reviewed this proposal and the design and agrees with the need for the property acquisition by MnDOT. Approval is recommended. Recommendation It is recommended that the city council adopt a motion approving the Memorandum of Understanding with MnDOT and approve the dedication of right of way as shown on the attached map to MnDOT for the Joy Road/TH 120 Signal System, City Project 02-01. RCA jw Attachments: Memorandum of Understanding Exhibit A — Project Map 04/26/02 SP 6227-56 Memorandum of Understanding (MOU) Subject: Acquisition of Maplewood Right of Way (R/W) 1. Purpose: MnDOT needs to acquire a portion of the R/W owned by the city of Maplewood in order to construct state project SP 6227-56. If the issues involved in this memorandum are agreed to and executed then MnDOT will let the project on the accelerated date of January 2003. This will allow the improvements to the intersection to be constructed in the spring 2003. The current May 2003 letting is not realistic and may need to be delayed if the acquisition of property issues cannot be expedited. 2. General description of SP 6227-56 project: The intersection of Trunk Highway 120 and Joy Road / Hadley Avenue will be reconstructed to reduce crashes and improve access from Joy Road and Hadley Avenue to Trunk Highway 120. Adding a traffic signal at the intersection, and adding center left -turn lanes for both southbound and northbound Trunk Highway 120 will do this. 3. Parties and their involvement or interest: City of Maplewood: Owns property in the northwest and southwest corners of the Trunk Highway 120 and Joy Road /Hadley Avenue intersection. Minnesota Dept. of Transportation (MnDOT): Needs to acquire some property owned by the City of Maplewood in order to construct SP 6227-56. 4. Property: Refer to the attached Staff Approved Layout for SP 6227-56 — The black dashed line is the construction limits, green triple dashed line is existing R/W, and red line is new R/W line: The City of Maplewood agrees to Quit Claim Deed for zero dollars for the land highlighted in blue in the northwest and southwest corners of Think Highway 120 and Joy Road, the property will become permanent MnDOT R/W. The City of Maplewood agrees to sign a Temporary Permit to Construct for the land highlighted in yellow in the northwest and southwest corners of Trunk Highway 120 and Joy Road granting temporary easement for construction of project SP 6227-56. This easement is 10 feet from and parallel to the proposed R/W line shown in Red. 5. Timing: \\mwe2ksis001\data\DESIGN\Design06\Pre\622756\Correspondence\020416mou.doc Page 1 of 2 04/26/02 • MnDOT will submit MOU and layout showing required land acquisition to the city of Maplewood by April 3 0, 2002. • City of Maplewood will provide Quit Claim Deed and Temporary Permit to Construct to MnDOT by May 31, 2002. • MnDOT will process acquisition in time for January 2003 letting. • Accelerated letting date is January 2003 • Scheduled letting date is May 2003 6. All parties to this MOU recognize that this MOU is not a legal binding or enforceable document. However, this MOU has been developed to clarify , responsibilities, onsibilities p and issues related to SP 6227-56 and it is the intent of all parties to continue to work towards implementation of the items described in this MOU. Signatures; City of Maplewood: Date: Mn/DOT: Date: 25 0 \\mwe2ksis001\data\DESIGN\Design06\Pre\622756\Correspondence\020416mou.doc Page 2 of 2 &a AGENDA ITEM , K4 AGENDA REPORT add—b ► uc TO: Richard Fursman, City Manager Date Endoi , FROM: Charles Ahl, Director of Public Works/City Engineer Modified �...-_ Rejected.� SUBJECT: Count Road DExtension –Hazelwood to TH 61 Cit Pro'ect 0 07 County y j_._.� Approve Request to Xcel Energy for Project Participation DATE: March 17, 2002 Introduction On April 8, 2002, the city council directed preparation of a study on an alignment for County Road D west of Hazelwood Street. The alignment passes next to property -owned by Xcel Energy. The property contains an electrical transfer facility that is serviced by a railroad spur. Alternatives are being explored to abandon this railroad spur, and thus Xcel is requesting a specific request from the city council to participate in project planning. Background The proposed extension of County Road D west of Hazelwood Street passes under a railroad spur. The only reason for the railroad spur is the potential servicing of transformers for the electrical substation. The railroad spur has precluded a major extension of the Bruce Vento trail. The transformers are such that they could last more than 30 years; however, they are of such a size that they cannot be transported with normal equipment on existing roadways. Xcel Energy notes that a contingency is needed due to the high usage of the power transformers; however, they are willing to explore alternative transportation options. They have previously explored some of the alternatives with previous staff members and wish to confirm that the city intends to actively pursue the County Road D extension project. A reasonable alternative that involves MnDOT, Vadnais Heights, Ramsey County, Ramsey County Regional Rail Authority and White Bear Lake appears workable that will allow major cost savings .for the extension project, and extension of the Vento trail, within the next two years. Adoption of the motion requesting Xcel Energy participation is recommended. Recommendation It is recommended that the city council approve a motion requesting Xcel Energy participation in the study and implementation of the County Road D Extension Project, City Project 02-07, and indicating the city's desire to implement the project as soon as practical. RCA jw AGENDA ITEM AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer SUBJECT: Edgerton / Roselawn, Signal System Replacement, City Project 02-05 Concur with Bid Award by Ramsey County DATE: March 17, 2002 Introduction On February 25, 2002, the city council approved an agreement with Ramsey County to replace the signal system at Roselawn Avenue and Edgerton Street. Edgerton is a county road, while Roselawn is under the city's jurisdiction.. A joint improvement project is required for replacement of the outdated signal system. Ramsey County is the engineer for the project and has received bids, which the city needs to concur with for award of a contract. Background The signal system at Roselawn Avenue and Edgerton Street was originally installed in the mid — 1950s. Replacement parts for the various components have long since been discontinued from production. Replacement of the signal is required under a joint project. Ramsey County designed the project and received one bid for the replacement work. The bid was from People's Electric in the amount of $144, 639.00, which is nearly $20,000 below the county's estimate. The city's share of the project was originally estimated at $90,100; however the good bid results in a reduced cost to the city of $78,815.77. Roselawn is part of the city's Municipal State Aid System, so the entire $78,815.77 is eligible to be reimbursed from this account through MnDOT. Recommendation It is recommended that the city council approve a motion concurring with Ramsey County in awarding a construction contract to People's Electric, Inc. in the amount of $144,639.00 for the Edgerton/Roselawn Signal Replacement Project, City Project 02-05, with a city cost share to be $78,815.77 to be financed through reimbursement from MSAS funds. RCA JW Attachment: Site Map C 4.j Oh to LU z < Lu ui EL -i a. 04 It 04 NU- vq C-4 co Ch LLI m ui❑ CL cc AGENDA ITEM C� AGENDA REPORT Action by Council TO: Richard Fursman, City Manager Date FROM: Charles Ahl, Director of Public Works/City Engineer Ac ifie,4d SUBJECT: T •��� TrunkHighway 120 Turnback, Lower Afton Road to Woodbine v�nu. of Municipal Concurrence of County State Aid Highway System Designation DATE: March 20, 2002 Introduction The Minnesota Department of Transportation and Ramsey County have entered into a Memorandum of Understanding that provides for the change in jurisdiction of TH 120 between Lower Afton Road and Woodbine Avenue (south frontage road at Interstate 94). Ramsey County is requesting Maplewood's concurrence with the jurisdiction change. Background During the past 20+ years, the state's trunk highway system has not kept pace with funding requirements for maintenance and reconstruction. A number of statewide studies have recommended that various state trunk highways should be turned. back to the counties, and subsequently, various county roads will be turned back to the cities. Ramsey and Washington County will be receiving TH 120 (Century Avenue) from Interstate 94's south frontage road, which is called Woodbine Avenue, southerly to Lower Afton Road under provisions of Minnesota Law. City council concurrence with this change is requested by Ramsey County. This revision in jurisdiction will not directly impact Maplewood. The actual operational issues will likely improve, as dealings with Ramsey County will be a much higher priority for the county than in dealings with MnDOT. Subsequent turnbacks from Ramsey County to Maplewood are not anticipated, since those have occurred in the past five years. Approval of the attached resolution is recommended. Recommendation It is recommended that the city council adopt the attached resolution concurring with the Trunk Highway turnback of TH 120 between Lower Afton Road and Woodbine Avenue from MnDOT to Ramsey and Washington County. RCA jw Attachments: Resolution RESOLUTION MUNICIPAL CONCURRENCE OF COUNTY STATE AID HIGHWAY SYSTEM DESIGNATION TRUNK HIGHWAY 120 TURNBACK LOWER AFTON ROAD TO WOODBINE AVENUE WHEREAS, the Minnesota Department of Transportation and Ramsey County have entered into a Memorandum of Understanding which provides for the consolidation of roadway jurisdictions in Ramsey County; and WHEREAS, the Memorandum of Understanding includes a consolidation plan, prepared in conjunction with municipalities of Ramsey County; and WHEREAS, the consolidation plan provides for the turnback of State Trunk Highway 120 from Lower Afton Road to Woodbine Avenue to Ramsey County; and WHEREAS, Ramsey County intends to accept the jurisdictional change on or -about August 1, 2002, and will place one-half (.625 mi.) of the 1.25 mile segment on its County State Aid Highway system. The other one-half (.625 mi.) will be placed onto Washington County's system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Council of the City of Maplewood concurs with the establishment and designation of the turnback segment of State Trunk Highway 120 from Lower Afton Road to Woodbine Avenue as a County State Aid Highway (CSAR) in Ramsey County under provisions of Minnesota Law, subject to the approval of the Commissioner of Transportation of the State of Minnesota. 2. That the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation of the State of Minnesota, and upon his approval of the designation of the said roadway or portion thereof, that the same be constructed, improved, and maintained as a County State Aid Highway in Ramsey County, to be numbered and known as County State Aid Highway 120. Adopted by the council on this 28th day of May 2002. City of Maplewood Official Sign -Up Sheet By putting your name and address on this sheet, you are requesting to address the Maplewood City Council on the following topic for up to five minutes. Name (first & last) -please print VN4,f 411�r 2�9 4r v 2. 3. 4 5. 6. 7. S. 9. 14. 11. 12. 13. 14. Address City of Maplewood Official Sign -Up Sheet By putting your name and address on this sheet, you are requesting to address the Maplewood City Council on the following topic for up to five minutes. Name (first & last) -please prim Address i. �a,� � :,►� I� �5 she; l� fid- IBJ. a. PO,-,'�Q. tsont- h Jh�3. 1 Jr e�W to n,(, --j 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. rrfddmu T140MAR K MENINO Pru Ma 2L8,— V1CTY7R ORAS AEHE Maayyoor W rna ; k H. BREIvTf OLFA Mayorayu. RICHARD M. d1ALEY JO,hy ,M.y R R hU1 JA Mayor TON FL W. RC WE1.I.INGTON R WR(tR Mayer Of 0m... Twexu I= 'j. A. GARNER. chat N,ym VrHMppnnfad UNNE'I'H L EARR Mayor or Forr Wash SUSAN J. M. EAUMAN :00 Via Fax -> 7704506 Mayor Cardinal Page 001 0f 901 THE UNITED STATES CONFERENCE OF MAYORS 16520 EYE STREET, NORTHWEST WASHINGTON, Dx,.. 20006 TELEPHONE (202) 293.7330 y FAX (202) 293.2352 TDD (202) 293-9445 URL: www.usnmwp.w8 MEMO To: The Mayor From: J. Thomas Cochran tot." 40WAW%41� Executive Director Date: May 15, 2002 Re: National Hunger Awareness Day Wednesday, June 5, 2002 is the first-ever National Hunger Awareness bay, part of our continuing efforts to inform the nation about the problem of hunger. The U.S. Conference of Mayors is collaborating with America's Second Harvest, the nation's largest hunger relief charity, on this new initiative. �oT�gr 2 3 ,, STATE OF MINNESOTA MAY 2002 OFFICE OF GOVERNOR JESSE VENTURA �iss9+dyc 130 State Capitol . 75 Constitution Avenue . Saint Paul, MN 55155 May 22, 2002 Dear Mayor: For the last few months we have been arguing about money here at the Capitol — mostly about how to close significant short and long-term deficits. But today I'm not writing about the reserves and the $400 million dollars a year of cuts that we've been arguing about since Pvovernber. I want to talk about the $23 billion a year in overall spending that will still be available when the legislature has finally gone home. That's a lot of taxpayer money, and there is a lot that we can — and will — do with it. Those billions have to be carefully managed all year long. We are using two websites to show our key performance results for state government: www_BigPlanResults.state.mn.us and www.DgpartmentResults.state.mn.us. These sites show several important results we want to achieve, our targets for performance, and how we are doing so far — good, bad or indifferent. The Star Tribune editorial page described this as "a useful way for state government to fulfill its duty to be accountable to Minnesota citizens, no matter who is governor." That's what I want. Whether I run for re-election in the fall or not, I hope citizens will demand that any future governor will lay out the State's progress on results. Mkoffice uses the information on these sites as a management tool with commission rs and departments. We get regular progress reports and updates, and every week the Chief of Staff, along with the commissioners of Finance, Employee Relations, Planning and Administration meet with a different commissioner to go over his/her results. Log on. Let us know what you think. For specific comments on the website results, you're welcome to use the feedback buttons. You can also write or call Tom Moss, the Director of Results Management, at (651) 215-1287. His email is tom.moss@state.mn.us, and his address is 300 Centennial Building, 658 Cedar Street, Saint Paul, Minnesota 55155. Thank you for your support of managing for results in government. Sincerely, Jesse Ventura Governor Voice: (651) 296-3391 or (800) 657-3717 (MN) ♦ Fax: (651) 296-2089 ♦ TDD: (651) 296-0075 or (800) 657-3598 Web site: http://w .govemor.state.mn.us low An Equal Opportunity Employer