HomeMy WebLinkAbout2019-03-25 City Council Meeting Minutes
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, March 25, 2019
City Hall, Council Chambers
Meeting No. 06-19
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at 7:04 p.m. by Mayor Abrams.
Mayor Abrams shared a story of two elderly folks with medical conditions that had to be
taken out of their home due to flooding in their basement and brought to the fire station
until a family member from St. Cloud could pick them up.
Mayor Abrams called on Public Works Director Love to explain what is happening with
potholes and how the city is addressing them.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Marylee Abrams, Mayor Present
Kathleen Juenemann, Councilmember Present
William Knutson, Councilmember Present
Sylvia Neblett, Councilmember Present
Bryan Smith, Councilmember Present
D. APPROVAL OF AGENDA
The following items were added to the agenda under Council Presentations:
T21 Meeting
Tree Program
Rice-Larpenteur
Councilmember Knutson moved to approve the agenda as amended.
Seconded by Councilmember Smith Ayes – All
The motion passed.
E. APPROVAL OF MINUTES
1. Approval of March 11, 2019 City Council Workshop Minutes
Councilmember Juenemann moved to approve the March 11, 2019 City Council
Workshop Minutes as submitted.
Seconded by Councilmember Neblett Ayes – All
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The motion passed.
2. Approval of March 11, 2019 City Council Meeting Minutes
Councilmember Neblett moved to approve the March 11, 2019 City Council Meeting
Minutes as submitted.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
City Manager Coleman gave an update to the council calendar; reviewed other
topics of concern or interest requested by councilmembers; and gave an overview
of upcoming events in the community.
2. Council Presentations
T21 Meeting
Councilmember Neblett report on the Girl Scout meeting at the Harambee Elementary
School she attended where Tobacco 21 was discussed.
Tree Program
Mayor Abrams reported on the citywide tree sale that started on March 18 for
Maplewood residents.
Rice-Larpenteur
Mayor Abrams reported on the Rice-Larpenteur meeting she attended and a fashion
show that will be taking place at the thrift store in that area.
3. Resolution for Commission Appointments
Mayor Abrams reported on the results of the interviews for commission appointments.
Councilmember Juenemann moved to approve the resolution to appoint the candidates
to a commission or board.
Resolution 19-03-1667
BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
Hereby appoints the following individuals, who the Maplewood City Council has
reviewed, to be appointed to the following commission or board:
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Environmental & Natural Resources Commission (one opening)
Joe Gould term expires September 30, 2021
Housing & Economic Development Commission (one opening)
Darryl Henchen term expires September 30, 2021
Seconded by Councilmember Neblett Ayes – All
The motion passed.
4. Resolution of Appreciation for John Donofrio, Planning Commission
City Manager Coleman gave the staff report. Councilmember Knutson read the
resolution.
Councilmember Knutson moved to approve the resolution of appreciation for Planning
Commission member John Donofrio.
Resolution 19-03-1668
RESOLUTION OF APPRECIATION
WHEREAS, John Donofrio has been a member of the Maplewood Planning
Commission since February 11, 2013 and has served faithfully in that capacity until
November 20, 2018; and
WHEREAS, the Planning Commission and the City Council has appreciated
John’s experience, insights and good judgment; and
WHEREAS, John has freely given of his time and energy, without compensation,
for the betterment of the City of Maplewood; and
WHEREAS, John 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 John Donofrio is hereby extended our
gratitude and appreciation for his dedicated service.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
5. Resolution of Appreciation for Ryan Ries, Environmental and Natural
Resources Commission
City Manager Coleman gave the report. Councilmember Juenemann read the
resolution.
Councilmember Juenemann moved to approve the resolution of Appreciation for Ryan
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Ries, Environmental and Natural Resources Commission.
Resolution 19-03-1669
RESOLUTION OF APPRECIATION
WHEREAS, Ryan Ries has been a member of the Maplewood Environmental
and Natural Resources Commission for three years, serving from August 20, 2015 to
September 30, 2018. Mr. Ries has served faithfully in those capacities; and
WHEREAS, the Environmental and Natural Resources Commission and City
Council have appreciated his experience, insights and good judgment; and
WHEREAS, Mr. Ries has freely given of his time and energy, without
compensation, for the betterment of the City of Maplewood; and
WHEREAS, Mr. Ries has shown dedication to his duties and has consistently
contributed his leadership and efforts 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 Ryan Ries is hereby extended our gratitude
and appreciation for his dedicated service.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
6. Parks & Recreation Commission 2018 Annual Report
City Manager Coleman introduced the item. Parks & Recreation Commission Chair
Dorothy Molstad gave the annual report.
Councilmember Juenemann moved to approve the 2018 Parks and Recreation
Commission Annual Report.
Seconded by Councilmember Smith Ayes – All
The motion passed.
7. City Attorney 2018 Annual Report
City Manager Coleman introduced the report. City Attorney Batty gave the report.
Councilmember Juenemann moved to approve the 2018 city attorney annual report of
Ron Batty from Kennedy & Graven.
Seconded by Councilmember Smith Ayes – All
The motion passed.
8. Intranet Overview
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City Manager Coleman introduced the item. Communications Manager Sheeran gave
the presentation.
G. CONSENT AGENDA
Agenda items G7, G8 and G9 were highlighted.
Councilmember Juenemann moved to approve agenda items G1-G9.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
1. Approval of Claims
Councilmember Juenemann moved to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 454,899.46 Checks #103327 thru #103361
dated 03/04/19 thru 03/12/19
$ 415,769.81 Disbursements via debits to checking account
dated 03/04/19 thru 03/08/19
$ 654,050.77 Checks # 103362 thru #103388
dated 03/13/19 thru 03/19/19
$ 578,238.49 Disbursements via debits to checking account
dated 03/11/19 thru 03/15/19
$ 2,102,958.53 Total Accounts Payable
PAYROLL
$ 608,786.84 Payroll Checks and Direct Deposits dated 03/08/19
$ 2,719.76 Payroll Deduction check # 99103676 thru # 99103679 dated 03/08/19
$ 611,506.60 Total Payroll
$ 2,714,465.13 GRAND TOTAL
Seconded by Councilmember Neblett Ayes – All
The motion passed.
2. Budgeted Debt Service Transfers for 2019
Councilmember Juenemann moved to approve the budgeted debt service transfers
dated 3/25/2019 and authorize the Finance Director to make the necessary accounting
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entries.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
3. 2019-2020 Collective Bargaining Agreement with AFSCME
Councilmember Juenemann moved to approve the 2019 and 2020 Collective Bargaining
Agreement between the City of Maplewood and AFSCME; and authorize the Mayor and
City Manager to execute the contract on behalf of the City.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
4. Resolution of Adoption of the Ramsey County Multi-Hazard Mitigation Plan
Councilmember Juenemann moved to approve the resolution to adopt the Ramsey
County Multi-Hazard Mitigation Plan.
Resolution 19-03-1670
RESOLUTION OF THE CITY OF MAPLEWOOD
ADOPTION OF THE
RAMSEY COUNTY MULTI-HAZARD MITIGATION PLAN
WHEREAS, the City of Maplewood has participated in the hazard mitigation
planning process as established under the Disaster Mitigation Act of 2000, and
WHEREAS, the Act establishes a framework for the development of a multi-
jurisdictional County Hazard Mitigation Plan; and
WHEREAS, the Act as part of the planning process requires public involvement
and local coordination among neighboring local units of government and businesses;
and
WHEREAS, the Ramsey County Multi-Hazard Mitigation Plan includes a risk
assessment including past hazards, hazards that threaten Ramsey County, an estimate
of structures at risk, a general description of land uses and development trends; and
WHEREAS, the Ramsey County Multi-Hazard Mitigation Plan includes a
mitigation strategy including goals and objectives and an action plan identifying specific
mitigation projects and costs; and
WHEREAS, the Ramsey County Multi-Hazard Mitigation Plan includes a
maintenance or implementation process including plan updates, integration of the plan
into other planning documents and how Ramsey County will maintain public participation
and coordination; and
WHEREAS, the Plan has been shared with the Minnesota Division of Homeland
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Security and Emergency Management and the Federal Emergency Management
Agency for review and comment; and
WHEREAS, the Ramsey County Multi-Hazard Mitigation Plan will make the
county and participating jurisdictions eligible to receive FEMA hazard mitigation
assistance grants; and
WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the
planning process may choose to also adopt the County Plan.
NOW THEREFORE BE IT RESOLVED that the City of Maplewood supports the
hazard mitigation planning effort and wishes to adopt the Ramsey County Multi-Hazard
Mitigation Plan.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
5. Authorize Ramsey County to Perform 2019 Street Striping
Councilmember Juenemann moved to approve to authorize Ramsey County Public
Works to perform City pavement striping needs, in an amount estimated at $28,000.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
6. Authorize Bituminous Material Purchase for 2019 Season
Councilmember Juenemann moved to approve to authorize the Street Superintendent to
purchase bituminous materials in an amount up to $80,000 for 2019 street maintenance
activities.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
7. Resolution Accepting Donation from St. Paul Area Association of
REALTORS® (SPAAR)
Diana Allan with SPAAR address the council to report on the donation.
Councilmember Juenemann moved to approve the resolution accepting a donation in
the amount of $2,000.00 from SPAAR to be used for a bench and arbor at the Edgerton
Community Garden, as well as a Little Free Library, and authorize the finance director to
make the appropriate budget adjustments.
Resolution 19-03-1671
ACCEPTANCE OF DONATION
WHEREAS the City of Maplewood and the Parks and Recreation Department
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has received a donation of $2000.00 from St. Paul Area Association of REALTORS® to
cover the costs for a bench, plaque, and arbor at Edgerton Community Garden, as well
as a Little Free Library.
NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that:
1. The donation is accepted and acknowledged with gratitude; and
2. The donation will be appropriated for the Parks and Recreation Department
as designated; and
3. The appropriate budget adjustments be made.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
8. Memorandum of Agreement with Urban Roots to Establish Native Seed Plots
at Harvest Park
Councilmember Juenemann moved to approve the Memorandum of Agreement with
Urban Roots to establish native seed plots at Harvest Park.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
9. Wakefield Park Community Building Rental Fees and Policies
Councilmember Juenemann moved to approve the Wakefield Park Community Building
Fees and Policies.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
H. PUBLIC HEARINGS
1. Ordinance Amendment to Require Abandoned Signs to be Removed
a. Public Hearing 7:00 pm
b. Ordinance Amending Sign Regulations of Zoning Chapter
c. Resolution Authorizing Publication of Ordinance by Title and
Summary (4 votes)
City Manager Coleman introduced the item. Economic Development Coordinator Martin
gave the report.
Mayor Abrams opened the public hearing. The following people spoke:
1. Kevin Berglund, Maplewood resident
Mayor Abrams closed the public hearing.
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Councilmember Juenemann moved to approve the amendment to the sign regulations of
the zoning chapter of the city code to require removal of abandoned signs.
Ordinance 1000
AN ORDINANCE AMENDING SIGN REGULATIONS OF ZONING CHAPTER OF CITY
CODE
The Maplewood City Council approved the following revision to the Maplewood Code of
Ordinances.
Section 1. Section 44-733 of the Maplewood Code of Ordinances (Sign
Regulations – Definitions) is hereby amended as follows:
Abandoned sign means a sign or sign structure that is located on a building or property
that has been vacant or unoccupied for a period of three months or more or a sign which
pertains to a time, event, or purpose that no longer applies. Signs applicable to a
business temporarily suspended because of a change in ownership or management of
such business shall not be deemed abandoned unless the property remains vacant for a
period of six months.
Section 2. Section 44-736 of the Maplewood Code of Ordinances (Enforcement
Procedures) is hereby amended as follows:
(a) Permanent signs. The city shall send a notice to the owner of any permanent
sign in violation of the provisions of this article. The notice shall require that the
owner correct all ordinance violations. If the sign is not a safety hazard, the city
shall allow 30 days for the owner to correct the violation. If the sign is a safety
hazard the city shall take immediate action to end the hazard.
(b) Temporary signs. The city shall send a notice to the owner of all other illegal
temporary signs and allow seven days for the owner to correct all ordinance
violations or remove the sign.
(c) Abandoned signs. The city shall send notice to the owner of the property on
which exists any abandoned sign in violation of the provisions of this article. The
notice shall require that the owner correct all ordinance violations. If the sign is
not a safety hazard, the city shall allow 30 days for the owner to correct the
violation. If the sign is a safety hazard the city shall take immediate action to end
the hazard.
(d) Removal of signs. If the sign owner does not obey the city’s orders, the city may
remove or alter the sign at the owner’s expense under the procedures of sections
18-36 through 18-38 (notice to abate). The city may remove illegal signs on a
public right-of-way without notice. If the city removes a sign the city may sell or
dispose of it if the owner does not reclaim the sign and pay any removal costs
within 30 days of the sign’s removal.
Section 3. Section 44-737 of the Maplewood Code of Ordinances (Prohibited
Signs) is hereby amended as follows:
(k) Abandoned Signs
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Section 4. Section 44-740 of the Maplewood Code of Ordinances (General
Regulations and Standards) is hereby amended as follows:
(5) Abandoned signs. An abandoned sign is prohibited and shall be removed by the
owner of the premises by removing the sign face, painting the sign face a neutral
color or installing blank sign face panels. The inner components of the sign must
not be exposed. If the sign face is not re-used after one (1) year, the remaining
sign structure must be removed unless the community development director
grants an extension subject to the owner submitting a statement of intent and a
reasonable time line for re- use of the sign structure.
(6) Licensing. All contractors installing permanent or temporary portable signs must
first obtain a contractor's license prior to issuance of a sign permit or installation
of a permanent or temporary portable sign as defined in the city contractor and
subcontractor ordinance (article VI).
Section 5. This ordinance shall take effect after the approval by the city council
and publishing in the official newspaper.
Seconded by Councilmember Smith Ayes – Mayor Abrams, Council
Members Juenemann,
Smith and Knutson
Nays – Councilmember Neblett
The motion passed.
Councilmember Juenemann moved to approve the resolution authorizing the publication
of ordinance by title and summary.
Resolution 19-03-1672
ABANDONED SIGNS ORDINANCE SUMMARY
AUTHORIZING PUBLICATION OF
ORDINANCE NO. 1000 BY TITLE AND SUMMARY
WHEREAS, the City of Maplewood (the “City”) is a municipal corporation
organized and existing under the laws of Minnesota; and
WHEREAS, the City Council of the City of Maplewood has adopted Ordinance
No. 1000, which create or amend city code to require the removal of abandoned signs;
and
WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title
and summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is 2 pages in length; and
WHEREAS, the City Council believes that the following summary would clearly
inform the public of the intent and effect of the ordinances.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood that the City Clerk shall cause the following summary of Ordinance No. 1000
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to be published in the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Maplewood has adopted Ordinance No. 1000, which
create or amend city code to require abandoned signs to be removed. A summary of the
ordinance follows:
Ordinance No. 1000
An Ordinance Requiring Removal of Abandoned Signs
1. Require the removal of abandoned signs within the city.
2. An abandoned sign shall be defined as a sign structure that is located on a building
or property that has been vacant or unoccupied for a period of three months or more
or a sign which pertains to a time, event, or purpose that no longer applies. Signs
applicable to a business temporarily suspended because of a change in ownership
or management of such business shall not be deemed abandoned unless the
property remains vacant for a period of six months.
3. An abandoned sign is prohibited and shall be removed by the owner of the premises
by removing the sign face, painting the sign face a neutral color or installing blank
sign face panels. The inner components of the sign must not be exposed. If the sign
face is not re-used after one (1) year, the remaining sign structure must be removed
unless the community development director grants an extension subject to the owner
submitting a statement of intent and a reasonable time line for re-use of the sign
structure.
BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that
the City Clerk keep a copy of the ordinance in her office at city hall for public inspection
and that she post a full copy of the ordinance in a public place within the city.
Seconded by Councilmember Smith Ayes – Mayor Abrams, Council
Members Juenemann,
Smith and Knutson
Nays – Councilmember Neblett
The motion passed.
2. Ordinance Amendment to Require Developer Open House Meeting
a. Public Hearing
b. Ordinance Amending Subdivisions and Zoning Chapters
c. Resolution Authorizing Publication of Ordinance by Title and
Summary (4 votes)
City Manager Coleman introduced the item. Economic Development Coordinator Martin
gave the report.
Mayor Abrams opened the public hearing. The following people spoke:
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1. Kevin Berglund, Maplewood resident
Mayor Abrams closed the public hearing.
Councilmember Juenemann moved to deny to amend the subdivisions and zoning
chapters of the city code to require developer open house meetings for major land use
development.
Seconded by Councilmember Smith Ayes – All
The motion passed.
I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
1. Wetland Buffer Variance Resolution for an Addition to a Single Family Home,
1603 Mary Street North
Environmental Planner Finwall gave the report. Ann Rivard, homeowner addressed the
council to give additional information. Ann Palzer, Environmental & Natural Resource
Commissioner gave the ENR report. Lue Yang, Planning Commissioner gave the PC
report.
Councilmember Smith moved to approve the resolution approving the wetland buffer
variance and buffer mitigation strategies for an addition to the single family home at
1603 Mary Street North.
Resolution 19-03-1674
VARIANCE RESOLUTION
WHEREAS, Ann Rivard applied for a variance from the wetland ordinance.
WHEREAS, this variance applies to the property located at 1603 Mary Street
North, Maplewood, MN. The property identification number is 24-29-22-21-0073. The
legal description is Lot 13, Block 2, Caves Junek Park.
WHEREAS, Section 12-310 of the City’s ordinances (Wetlands and Streams)
requires a 75 foot wetland buffer adjacent to a Manage B wetland.
WHEREAS, the applicant is proposing to construct a 252 square foot four season porch
addition on the west side of her house. The addition will come within 32 feet of the
Manage B wetland, requiring a 43-foot wetland buffer variance.
WHEREAS, the history of this variance is as follows:
1. On January 23, 2019, the Environmental and Natural Resources Commission
reviewed the wetland buffer variance and mitigation strategies and
recommended approval of the wetland buffer variance to the City Council.
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2. On March 19, 2019, the Planning Commission held a public hearing to review
this proposal. City staff published a notice in the paper and sent notices to the
surrounding property owners as required by law. The Planning Commission
gave everyone at the hearing a chance to speak and present written statements.
The Planning Commission recommended approval of the wetland buffer variance
to the City Council.
3. The City Council held a public meeting on March 25, 2019 to review this
proposal. The City Council considered the report and recommendations of the
city staff, the Environmental and Natural Resources Commission, and the
Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approved the
above-described variance based on the following reasons:
1. Strict enforcement of the ordinance would cause the applicant practical
difficulties because complying with the wetland buffer requirement stipulated by
the ordinance would prohibit the construction of an addition to the back of the
house. The addition will not alter the character of the neighborhood, will help
create a more livable home, and allow the applicant a reasonable use of her pre-
existing nonconforming property.
2. Approval of the wetland buffer variance will include mitigation strategies to
reduce the impacts to the wetland. This includes the planting of native plants
along the edge of the wetland.
3. Approval would meet the spirit and intent of the ordinance with the construction
of a four season porch addition on a lot that is zoned residential and designated
residential in the City’s comprehensive plan.
Approval of the wetland buffer variance shall be subject to the following:
1. Prior to issuance of a building permit for the four season porch addition at 1603
Mary Street North the applicant must submit:
a. Planting plan for the restoration of the wetland buffer. The plan should be
prepared by a person with native plant experience and include:
1) Minimum 252 square foot in area, at least 5 feet in width, wetland
buffer restoration of native vegetation (i.e., 10 feet wide x 25 feet
long or 5 feet wide by 50 feet long).
2) Wetland buffer restoration must be located directly behind the
addition in one of two areas:
a) Along the east edge of the rock bed, within the mowed
grass area.
b) With the rock bed, removing the rock and planting native
vegetation in their place.
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3) Wetland buffer restoration must be planted with Minnesota native
plants (not seed) in a mulch bed. Plants should be prairie flowers
and grasses. Or, alternatively, the applicant can plant native
shrubs in a mulch bed. However, the size of the planting shall be
doubled to 504 square feet in area if native shrubs are used.
b. A cash escrow or letter of credit to cover 150 percent of estimated cost of
the wetland buffer mitigation. Prior to release of the wetland buffer
mitigation surety, the wetland buffer native plantings must be established.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
2. Wetland Buffer Variance Resolution for a New Single Family Home, 2657
Geranium Avenue East
Environmental Planner Finwall gave the report. Ann Palzer, Environmental & Natural
Resource Commissioner gave the ENR report. Lue Yang, Planning Commissioner gave
the PC report. Tim Thone, owner of Thone Builders, addressed and answered
questions of the council.
Councilmember Juenemann moved to approve the resolution approving the wetland
buffer variance and buffer mitigation strategies for a new single family home on Parcel C
of the subdivided 2657 Geranium Avenue property adding a condition to the resolution
regarding the grading and drainage issues to be settled by city staff and the developer.
Resolution 19-03-1675
VARIANCE RESOLUTION
WHEREAS, Ben Thone applied for a variance from the wetland ordinance.
WHEREAS, this variance applies to the property located at 2657 Geranium
Avenue, Maplewood, MN. The property identification number prior to subdivision is 25-
29-22-11-0018. The legal description prior to subdivision is Lots 17 through Lot 19,
Block 6, Midvale Acres No. 2. The legal description after subdivision is that part of Lots
17, 18 and 19, Block 6, Midvale Acres No. 2, Ramsey County, Minnesota lying East of
the West 150.00 feet thereof.
WHEREAS, Section 12-310 of the City’s ordinances (Wetlands and Streams)
requires a 50 foot wetland buffer adjacent to a Manage C wetland.
WHEREAS, the applicant is proposing to construct a new single family home on
the new lot. Grading for the new home will come within 30 feet of the Manage C
wetland, requiring a 20 foot wetland buffer variance.
WHEREAS, the history of this variance is as follows:
1. On January 23, 2019, the Environmental and Natural Resources Commission
reviewed the wetland buffer variance and mitigation strategies and
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recommended approval of the wetland buffer variance to the City Council.
2. On March 19, 2019, the Planning Commission held a public hearing to review
this proposal. City staff published a notice in the paper and sent notices to the
surrounding property owners as required by law. The Planning Commission
gave everyone at the hearing a chance to speak and present written statements.
The Planning Commission recommended approval of the wetland buffer variance
to the City Council.
3. The City Council held a public meeting on March 25, 2019, to review this
proposal. The City Council considered the report and recommendations of the
city staff, the Planning Commission, and the Environmental and Natural
Resources Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approved the
above-described variance based on the following reasons:
1. Strict enforcement of the ordinance would cause the applicant practical
difficulties because complying with the wetland buffer would not allow for a
family-friendly back yard for the new single family home. The single family home
will not alter the character of the neighborhood.
2. Approval of the wetland buffer variance will include mitigation strategies to
reduce the impacts to the wetland. This includes the planting of native plants
along the edge of the wetland.
3. Approval would meet the spirit and intent of the ordinance with the construction
of a single family home on a lot that is zoned residential and designated
residential in the City’s comprehensive plan.
Approval of the wetland buffer variance shall be subject to the following:
1. Wetland Buffer Sign Plan:
a. Prior to issuance of a grading permit the applicant must submit a wetland
buffer sign plan that shows the location of at least four signs installed
along the buffer on Parcel B and C.
b. Wetland buffer signs will indicate no mowing, cutting, grading, or building
is allowed in the buffer.
c. Applicant will survey sign locations along wetland buffer prior to
installation.
2. Wetland Restoration:
a. Prior to issuance of a grading permit the applicant must submit a wetland
buffer restoration plan as follows:
1) Buffer restoration area to be a minimum 1,622 square feet in area,
located on the north side of the grading limits on Parcel C.
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2) Buffer restoration area must be planted with Minnesota native
plants (not seed) in a mulch bed.
3. Tree Preservation Plan:
a. The applicant will submit a tree preservation plan as follows:
1) Location, size, species of all significant trees on Parcels B and C.
2) Grading limits and tree removal for Parcels B and C.
3) Landscape plan showing all required replacement trees per City
code.
4. Grading and Drainage
a. Prior to issuance of a lot split for 2657 the applicant must submit a survey
which shows the location of the wetland outlet and easements for that
outlet.
b. Prior to issuance of a grading permit the applicant must submit a grading
and drainage plan that reflects no flooding will occur on the new lots and
surrounding properties.
5. A cash escrow or letter of credit to cover 150 percent of estimated cost of the
wetland buffer signs, native wetland buffer plantings, and any tree required tree
replacement. Prior to release of the escrow, the wetland buffer signs must be
installed, native plantings must be planted and established, and all required
replacement trees planted with at least a one-year warranty on tree replacement.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
K. AWARD OF BIDS
None
L. ADJOURNMENT
Public Works Director Love reported on the water drainage issue on County Road B
under 35E.
Mayor Abrams adjourned the meeting at 9:18 p.m.
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