HomeMy WebLinkAbout07-12-1999 MINUTES MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, July 12, 1999
Council Chambers, Municipal Building
Meeting No. 99-15
A. CALL TO ORDER:
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal
Building, and was called to order at 7:00 P.M. by Mayor Rossbach.
B. PLEDGE OF ALLEGIANCE:
C. ROLL CALL:
George Rossbach, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Kevin Kittridge, Councilmember Present
Marvin C. Koppen, Councilmember Arrived at 7:10 p.m.
D. APPROVAL OF MINUTES:
Councilmember Kittridge moved to approve the Minutes of Council/Manager Workshop (June 7. 1999) as
presented/corrected.
Seconded by Councilmember Allenspach Ayes -all
Councilmember Kittridge moved to approve the Minutes of Meeting 99- 13b (June 7. 1999) as
presented/corrected.
Seconded by Councilmember Allenspach Ayes -all
Councilmember Allenspach moved to approve the Minutes of Meeting 99-14 (June 28. 1999) as
presented/corrected.
Seconded by Councilmember Kittridge Ayes -all
E. APPROVAL OF AGENDA:
Councilmember Allenspach moved to approve the Agenda as amended.
M-4. Cable Commission Update
N-2. Pending Litigation
Seconded by Councilmember Carlson Ayes -all
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F. APPOINTMENTS/PRESENTATIONS:
David Piggett from Metro East Development Partnership was scheduled to appear before the Council, but was
unable to attend the meeting.
G. CONSENT AGENDA:
Councilmember Carlson moved to approve the consent agenda as presented.
Seconded by Councilmember Koppen Ayes -all
1. Approval of Claims
ACCOUNTS
PAYABLE
$342.66 Checks #7954 thru #7956 dated 6-21 thru 6-24-99
$147,861.90 Checks #44414 thru #44527 dated 6-29-99
$39,878.35 Checks #7957 thru #7965 dated 6-25 thru 6-30-99
$306,664.22 Checks #44530 thru #44615 dated 7-6-99
$494,747.13 Total Accounts Payable
PAYROLL:
$306,443.42 Payroll Checks and Direct Deposits dated 6-25-99
$21,967.07 Payroll Deduction check #72866 thru #72874 dated 6-25-99
$328,410.49 Total Payroll
$823,157.62 GRAND TOTAL
2. Surrender of Liquor License -Hideaway
James L. Tulgren, owner of Hideaway Lounge, 70 East County Road B surrendered his liquor license.
3. Refrigerant Leak -Police Department
Approved the transfer of $1,225.00 from the contingency account the Building Maintenance Repair and
Equipment Account 101-115-000-4430 these dollars will cover the repair of the A/C unit serving the Police
Department.
7-12-99 2
H. PUBLIC HEARINGS:
1. 7:05 P.M. Menard's (2280 Maplewood Drive)
- Conditional Use Permit
- Design Approval
a. Mayor Rossbach convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
c. Associate Planner Ken Roberts presented the specifics of the report.
d. Commissioner Matt Ledvina presented the Planning Commission report.
e. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Greg Ewig, representing Menard's
Gordon Anderson, 2255 Duluth Street
f Mayor Rossbach closed the public hearing.
Councilmember Carlson introduced the following Resolution approving a conditional use permit revision for a
33,769-square-foot addition at 2280 Maplewood Drive. and moved its adoption:
99-07-059
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Greg Ewig, of Menard's, Inc, is proposing changes to a conditional use permit to build a 33,769-square-
foot addition on the north side of the building at 2280 Maplewood Drive. The legal description is:
SUB TO ESMTS; PART OF FOL TRACTS SELY OF HWYS 36 & 61; EX S 100 FT PART OF SW 1/4 N OF CO RD B
& PART OF SE 1/4 W OF CLIFTON ADD S OF L 107 FT N OF S L OF BLK 15 OF SD ADD EXTENDED & N OF
HEINEMANS BELLEVIEW & IN CLIFTON ADD, EX E 240 FT; BLKS 15 & 16 & EX E 255 FT BLK 10 & ALSO W
120 FT OF E 255 FT OF N 30 FT OF
BLK 10
WHEREAS, the history of this conditional use permit is as follows:
1. On June 21, 1999, the planning commission recommended that the city council approve this permit.
2. On July 12, 1999, 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 from the city staff
and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit,
7-12-99 3
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.
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. Adherence to the site plan date-stamped May 5, 1999. The director of community development may approve
minor changes.
2. Compliance with the following screening-fence requirements:
a. The property owner shall continue to have and keep, in a maintained condition, wooden screening-
fences as follows:
(1) The eight-foot-tall screening fence west of 1071 County Road B and running east-west
behind 1071, 1081 and part of 1101 County Road B shall remain.
(2) All other screening fences that abut the residential lots shall be 14 feet tall.
(3) All screening fences shall be constructed of vertical boards of the same dimension, color and
material.
b. No material on the storage racks, adjacent to the fence behind 1101 and 1115 County Road B, shall
extend above the 14-foot-tall fence.
c. No more than 2 '/z feet of the 17 ''/z-foot-tall interior storage racks shall be visible from the homes to
the south that are at street level along County Road B. This excludes those houses that sit higher on
a hill.
d. Menard's shall be responsible for the safety of the neighbors in regard to the materials stored over
the height of the fence.
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3. Hours of operation in the storage yard shall be limited to 7:00 a.m. to 10:00 p.m.
4. An exterior public address system shall not be allowed.
5. All lighting in the storage yard that is not needed for site security shall be turned off after business hours.
6. The city council shall review this permit in one year if the proposed retail-space addition has not begun.
7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems on
residential property.
8. Menard's shall store all their materials within the fenced storage area.
9. Sanitation facilities shall be provided by Menard's for the employees.
10. The proposed building addition and site work 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.
11. This permit terminates the approval for the temporary, seasonal greenhouse.
12. The perimeter of the building must be kept accessible for fire emergencies. The applicant shall arrange with
the fire marshal for access through the gate behind the building in the case of emergencies.
Seconded by Councilmember Allenspach Ayes -all
Councilmember Carlson moved to avvrove ayarkina-reduction authorization for Menard's at 2280 Mavlewood Drive to
have 258 svaces fewer than the code requires. (The code requires 717 svaces on the site29 for the indoor warehouse
and 688 for indoor retail space. Menard's is yroyosina 459 varkina stalls.) Avvroval is because:
1. The required number of spaces is excessive. Menard's has gotten by, essentially, with the main parking area
in front of the building since 1988. Menard's customers do not typically use other available parking areas on
the site.
2. The proposed retail addition would need 169 spaces according to the code. The existing easterly parking lot
and the proposed 149-space parking lot (totaling 180 spaces) would provide enough parking for the new
retail space.
Seconded by Councilmember Allenspach Ayes -all
Councilmember Carlson moved to avvrove the ylans date-stamved Mav 5, 1999, and the varkina-lot curbing addendum
date-stamved Mav 14, 1999, for the 33,769-square-foot addition to Menard's, 2280 Mavlewood Drive. Avvroval is
subiect to the following conditions:
1. Repeat this review in two years if the city has not issued a building permit for this project.
2. Before getting a building permit, the applicant shall:
a. Submit grading, drainage, utility and erosion control plans to the city engineer for approval.
7-12-99 5
b. Revise the building elevations to extend the front (westerly) elevation of the proposed addition two
feet to the west of the existing wall. The applicant shall use brick-imprinted, precast concrete
panels, as proposed, on all sides of the proposed addition. The color shall be complementary to the
brick color of the existing building and submitted to staff for approval. The applicant shall also
revise the window mullion spacing to align with the precast panel joints.
c. Revise the site and landscape plans for staff approval as follows:
(1) Provide enough handicap-accessible parking spaces to comply with ADA (Americans with
Disabilities Act) requirements.
(2) Increase the tree sizes to six-feet-tall for the spruce trees and 2'/z inches in caliper for the
deciduous trees.
3. The applicant shall complete the following before occupying the building:
a. Close the existing curb cut north of the building with continuous concrete curbing, remove the
asphalt and landscape according to the approved plan. The proposed access driveway and curb cut
shall meet all requirements of the city engineer.
b. Menard's shall provide a gate and clear access to the sanitary sewer manhole on the site as part of
this request.
c. Provide continuous concrete curb and gutter all around the new parking lot west of the outside-
storageyard. The applicant shall also provide the curbed medians as shown on the addendum and
repave this entire area.
d. Paint new rooftop mechanical equipment to match the building color if the units are visible. (code
requirement)
e. The trash-dumpster screening requirement is waived unless the dumpsters would be visible to the
public. In which case, an enclosure shall be provided using the same materials and color as the
building.
f An in ground lawn-irrigation system shall not be required for the landscaped area in the southwest
corner of the site. The applicant shall install an in-ground lawn irrigation system for the landscaped
area north of the building.
g. Provide site-security lighting as required by the code. The light source, including the lens covering
the bulb, shall be concealed so not to cause any nuisance to drivers or neighbors.
h. Replace all of the ten-foot-tall screening fence with 14-foot-tall vertical-board fencing. The
applicant shall also replace the screening fence on the west side of the outdoor storage yard with 14-
foot-tall, vertical board fencing.
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.
b. The city receives a cash escrow or an irrevocable letter of credit 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 if the
building is occupied in the spring or summer.
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5. All work shall follow the approved plans. The director of community development may approve minor
changes.
6. Signs are not part of this approval. The applicant shall submit any requests for signs to staff for sign permits.
Seconded by Councilmember Allenspach Ayes -all
2. 7:27 P.M. Feed Products and Service (1300 McKnight Road)
- Conditional Use Permit
- Design Approval
a. Mayor Rossbach convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
c. Associate Planner Ken Roberts presented the specifics of the report.
d. Commissioner Matt Ledvina presented the Planning Commission report.
e. Mayor Rossbach opened the public hearing, calling for proponents of opponents. The
following person was heard:
John Fallin,representing Feed Products and Service
f Mayor Rossbach closed the public hearing.
Mayor Rossbach moved/introduced the following Resolution changing the conditional use permit for the warehouse
facility at 1300 McKnight Road North. This permit revision allows the owner to add a trailer to his warehouse site in an
M-1 Bight manufacturing) district closer than 350 feet to a residential district. and moved its adoption:
99-07-060
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Mr. John C. Fallin, of FP&S Company, applied for a revision to an approved conditional use permit to
add a 12' by 60' trailer to a site in an M-1 (light manufacturing) district that is closer than 350 feet to a residential district.
WHEREAS, this permit applies to the property at 1300 McKnight Road North. The legal description is:
ALL THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24,
TOWNSHIP 29, RANGE 22, RAMSEY COUNTY, MINNESOTA THAT LIES SOUTHERLY OF A LINE DRAWN
PARALLEL WITH AND DISTANT 95 FEET SOUTHEASTERLY, AS MEASURED AT RIGHT ANGLES, FROM
THE CENTER LINE OF THE MAIN TRACK OF THE CHICAGO, ST. PAUL, MINNEAPOLIS, AND OMAHA
RAILWAY COMPANY, AS NOW LOCATED AND ESTABLISHED; ALSO THAT PART OF THE WEST HALF OF
THE SOUTHWEST QUARTER OF SAID SECTION 24, BOUNDED AS FOLLOWS:
ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 95 FEET SOUTHEASTERLY, AS
MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MAIN TRACK OF SAID RAILWAY
COMPANY, AS NOW LOCATED AND ESTABLISHED; ON THE WEST BY THE EAST LINE OF THE WEST 66 FEET
OF THE SOUTHWEST QUARTER OF SAID SECTION 24; ON THE SOUTH BY A STRAIGHT LINE DRAWN FROM
7-12-99 7
THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
24 TO A POINT ON THE WEST LINE OF SAID SECTION 24 WHICH IS DISTANT 450 FEET SOUTH OF THE
SOUTHERLY LINE OF THE 100 FOOT RIGHT OF WAY OF SAID RAILWAY COMPANY, SAID SOUTHERLY LINE
BEING A LINE DRAWN PARALLEL WITH AND DISTANT 56 FEET SOUTHEASTERLY AS MEASURED AT RIGHT
ANGLES, FROM THE CENTER LINE OF THE MAIN TRACK OF SAID RAILWAY COMPANY AS ORIGINALLY
LOCATED AND ESTABLISHED; AND ON THE EAST BY THE EAST LINE OF THE NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SAID SECTION 24; EXCEPTING THEREFROM THAT PART THAT LIES
NORTHWESTERLY OF A LINE DRAWN PARALLEL WITH AND DISTANT 8.5 FEET SOUTHEASTERLY, AS
MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MOST SOUTHERLY SIDE TRACK LC.C. NO.
114 OF SAID RAILWAY COMPANY, AS NOW LOCATED AND ESTABLISHED, ALL IN THE COUNTY OF
RAMSEY, STATE OF MINNESOTA.
WHEREAS, the history of this conditional use permit revision is as follows:
1. On June 21, 1999, the planning commission recommended that the city council approve this permit.
2. The city council held a public hearing on June 28,1999. City staff published a notice in the paper and sent
notices to the surrounding property owners as required by law. 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,
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.
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.
10. The proposed trailer will be substantially screened from neighboring single dwellings.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city.
7-12-99 8
2. The proposed trailer must be occupied within one year of council approval or the permit revision 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. A designated paved parking area shall not be required unless the site usage changes in some fashion
warranting the need for such parking spaces.
5. Update the alarm system at the facility, subject to the approval of the Police Chief.
6. Provide several signs along the wetland edge on the warehouse site. The number and placement of these
signs shall be determined by staff. These signs shall prohibit any building, mowing, cutting, filling or
dumping in or around the wetland.
7. Submit an industrial storm water protection plan to the Minnesota Pollution Control Agency for their review
and approval.
8. The owner or developer shall remove the trailer from the site before the city issues a building permit for any
future development.
9. The owner shall remove the trailer from the site within five years. The Council may renew this
approval if the owner requests it.
Seconded by Councilmember Koppen Ayes -all
Mayor Rossbach moved to ayyrove the ylans date-stamyed May 12, 1999 for the trailer at the Bulk Storage site at 1300
McKnight Road North. The property owner shall:
1. Repair and repaint the existing graffiti on the warehouse building before occupying or using the trailer.
2. Provide several signs along the wetland edge on the warehouse site. The number and placement of these
signs shall be determined by staff. These signs shall prohibit any building, mowing, cutting, filling or
dumping in or around the wetland.
3. All work shall follow the approved plans. The director of community development may approve minor
changes.
Seconded by Councilmember Koppen Ayes -all
3. 7:46 P.M. Knollwood Circle (Cypress Street, South of County Road C)
- Preliminary Plat
a. Mayor Rossbach convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
c. Associate Planner Ken Roberts presented the specifics of the report.
7-12-99 9
d. Commissioner Matt Ledvina presented the Planning Commission report.
e. Mayor Rossbach opened the public hearing, calling for proponents of opponents. The
following persons were heard:
Patt Goff, Goff Homes Developer
Larry Reeve, 981 Connor Avenue
Robert Smith, 2570 Forest Street
Theresa Hewitt, 988 E. County Road C
Robert Shaw, 2586 Forest Street
Linda Spiegl, 970 E. County Road C
Patt Goff, second appearance
Theresa Hewitt, second appearance
f Mayor Rossbach closed the public hearing.
Councilmember Carlson moved to ayyrove the Knollwood Circle yreliminarv ylat (date-stamyed May 7, 1999). The
developer shall complete the following before the city council ayyroves the final ylat:
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 NSP install street lights preferably at the street intersection. The exact location and type of lights shall be
subject to the city engineer's approval.
d. 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, 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.
e. Install survey monuments along the wetland boundaries.
f Provide all required and necessary easements (ten-foot drainage and utility easements along the front and rear lot
lines of each lot and five-foot drainage and utility easements along the side lot lines of each lot).
g. Pay the city for the cost of traffic-control, street identification and no-parking signs.
h. Investigate the applicability of incorporating rain water gardens throughout the plat.
2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility,
drainage, erosion control, tree and street plans. The plans shall meet the following conditions:
a. The erosion control plans shall be consistent with the city code.
b. The grading plan shall:
(1)Include proposed building pad elevation and contour information for each home site. The lot lines on this
7-12-99 10
plan shall follow the approved preliminary plat.
(2)Include contour information for all the land that the construction will disturb.
(3) Show housing pads that reduce the grading on sites where the developer can save large trees.
(4) Show the proposed street grades as allowed by the city engineer.
(5) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve
the plans, specifications and management practices for any slopes steeper than 3:1.
(Include the tree plan which:
• Shows where the developer will remove, save or replace large trees. This plan shall include an
inventory of all existing large trees on the site.
• Shows no tree removal beyond the approved grading and tree limits.
3. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading.
4. If the developer decides to final plat part of the preliminary plat, the director of community development may waive
any conditions that do not apply to the final plat.
*The developer must complete these conditions before the city issues a grading permit or approves the final plat.
Seconded by Councilmember Kittridge Ayes -all
I. AWARD OF BIDS
1. City Hall Security System
a. Manager McGuire introduced the staff report.
b. Police Chief Winger presented the specifics of the report.
Councilmember Kittrdige moved to award the bid for city hall security system bid to ADT in the amount of
$50.733.00.
Seconded by Councilmember Carlson Ayes -all
J. UNFINISHED BUSINESS
1. New Century PUD (Highwood and Century Avenues)
-Land Use Plan Changes - (4 votes)
- Conditional Use Permit for Planned Unit Development
- Street Right-of--Way Vacations
- Easement Vacations
- Code Variation -Street Right-of--Way Width
7-12-99 11
-Code Variation -Street Pavement Width
- Preliminary Plat
- No Parking on Streets
- Early Start of Construction of Model Homes
a. Manager McGuire introduced the staff report.
b. Associate Planner Ken Roberts presented the specifics of the report.
Mayor Rossbach moved to allow the developer to answer questions posed by the council since this was not a
public hearing.
Seconded by Councilmember Carlson Ayes -all
a Jack Buxell, architect representing the Robert Engstrom Companies for New Century Development
answered questions posed by the Council.
Councilmember Kittrdige introduced a resolution for the proposed Land Use Plan chances.
Seconded by Councilmember Carlson Ayes -Councilmembers Carlson, Kittrdige, and
Allenspach
Nays -Mayor Rossbach &Councilmember Koppen
MOTION FAILED
Mayor Rossbach moved to reconsider the vote for the following resolution for the Land Use Plan Changes.
Seconded by Carlson Ayes -Councilmembers Carlson, Kittridge, and Allenspach,
Mayor Rossbach
Nays -Councilmember Koppen
Mayor Rossbach introduced the following changing the land use plan for the New Century residential
development, north of Highwood Avenue, west of Century Avenue. These changes are from R-1 (single
dwellings) and OS (open space) to R-1 (single dwellings), R-3(H) (residential high density) and OS (open
space) for the site. This resolution also drops the planned minor collector street between the east end of
Schaller Drive and Century Avenue.
99-07-061
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, Robert Engstrom proposed changes to the city's land use plan from R-1 (single dwellings) and OS
(open space) to R-1 (single dwellings), to OS (open space) and R-3H (residential high density).
WHEREAS, this change applies to property for the New Century PUD north of Highwood Avenue and west of
Century Avenue in Section 13, Township 28, Range 22, Ramsey County, Minnesota.
WHEREAS, the applicant also requested a change to the land use plan to drop the planned minor collector street
7-12-99 12
between the east end of Schaller Drive and Century Avenue.
WHEREAS, the history of this change is as follows:
1. On June 7, 1999, 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 not approve the plan amendment.
2. On June 28, 1999, the city council discussed the proposed land use plan change. They considered
reports and recommendations from the planning commission and city staff.
3. On July 12, 1999, the city council again considered the proposed land use plan changes.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change for
the following reasons:
1. The development would be consistent with the goals and objectives of the comprehensive plan.
2. This town house site in the development is proper for and consistent with the city's policies for high-density
residential use. This includes:
a. Creating a transitional land use between the existing and proposed low density residential and commercial
land uses.
b. It is on a collector street and is near an arterial street, parks and open space.
3. This development will minimize any adverse effects on surrounding properties because:
a. The proposed on-site pond and large setback from the street will separate the town houses from nearby
homes.
b. Studies have shown there will be no adverse effect on property values.
a There would be no traffic from this development on existing local residential streets.
4. The city nor the developer plan to build the proposed collector street between the east end of Schaller Drive
and Century Avenue because the existing wetlands and trees would make it difficult to build a street in this
area.
Seconded by Councilmember Kittrdige Ayes -Mayor Rossbach, Councilmembers
Allenspach, Kittridge, Carlson
Nays -Councilmember Koppen
Councilmember Carlson moved to ayyrove the following resolution ayyrovin~ a conditional use yermit for a ylanned
unit develovment for the New Century housing develovment. The city bases this ayyroval on the findings required by
code.
99-07-062
CONDITIONAL USE PERMIT RESOLUTION
7-12-99 13
WHEREAS, Mr. Robert Engstrom, representing the Robert Engstrom Companies, applied for a conditional use
permit (CUP) for the New Century residential planned unit development (PUD).
WHEREAS, this change applies to undeveloped property for the New Century PUD north of Highwood
Avenue and west of Century Avenue in Section 13, Township 28, Range 22, Ramsey County, Minnesota.
(PINS 13-28-22-11-0008, 0015, 0014, 0013 and 0022, 13-28-22-14-0018, 0019, 0020 and 0021.)
WHEREAS, the history of this conditional use permit is as follows:
1. On June 7, 1999, the planning commission recommended that the city council approve this permit.
2. On June 28, 1999, 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.
3. On July 12, 1999, the city council again considered this request.
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.
S.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 environrnental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans date-stamped March 29, 1999, the revised grading plans
dated May 24, 1999 and the revised plat plans dated July 7, 1999, except where the city requires
changes. The city council may approve major changes. The director of community development
may approve minor changes.
7-12-99 14
2. The proposed construction must be substantially started within one year of council approval or the
permit shall end. The council may extend this deadline for one year.
3.* Have the city engineer approve final construction and engineering plans. These plans shall include:
grading, utility, drainage, erosion control, tree and driveway and parking lot plans.
4. The design of the ponds shall be subject to the approval of the city engineer. The developer shall
give the city an easement for this pond and 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 pond, 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 and site.
6.* The developer shall give the city wetland easements over the wetlands. The easements shall cover
the wetlands and any land within 50 feet surrounding a wetland These easements shall prohibit any
building, mowing, cutting, filling or dumping within twenty feet of the wetland or within the wetland
itself. The purpose of this easement is to protect the water quality of the wetlands from fertilizer and
to protect the wetland habitat from encroachment.
7. The owners of the single dwellings in the PUD may have one mother-in-law (accessory) apartment
with their property. Such accessory units shall be subject to the following:
a. Such accessory units may be occupied by one or two persons.
b. The accessory units shall not be more than 800 square feet.
c. The city will not allow separate or different ownership for tax or identification purposes of the
accessory unit from the primary residence.
d. The owners shall only rent their accessory units to those related by blood or marriage.
8. The approved setbacks for the principal structures in the New Century PUD shall be:
1. Front yard setback: minimum - 20 feet, maximum - 50 feet
2. Frontyard setback (side street): minimum -15 feet, maximum - 30 feet
3. Rear yard setback: minimum - 30 feet, maximum -none
4. Side yard setback: as the zoning code requires
9. This approval does not include final design approval for the duplexes, townhomes or for the village
green. The developer shall submit the final building, landscaping and site plans for these to the
community design review board (CDRB) for approval by the CDRB.
7-12-99 15
10. The city council shall review this permit in one year.
Seconded by Councilmember Kittrdige Ayes - Councilmembers Allenspach, Kittrdige,
& Carlson
Nays - Mayor Rossbach &Councilmember
Koppen
Councilmember Carlson moved to ayyrove the following resolution vacating yarts of the unused Tim Avenue,
Mayhill Road and Phyllis Avenue lyina north of Hiahwood Avenue and west of Century Avenue in the New Century
PUD (as shown on the may on vane 63 of develoyers ayylication materials).
99-07-063
STREET RIGHT-OF-WAY VACATION RESOLUTION
WHEREAS, Mr. Robert Engstrom, representing the Robert Engstrom Companies, applied for the
vacation of the following described street right-of--ways:
1. The south 30 feet of the NE 1/4 of NE 1/4 of Section 13, Township 28, Range 22, Ramsey
County, Minnesota, except the east 288.17 feet. (Tim Avenue)
2. The east and north 30 feet of the east 343.60 feet of the easttwo-thirds of the west 3/4 of the
SE 1/4 of the NE 1/4 of Section 13, Township 28, Range 22, Ramsey County, Minnesota.
3. Phylis Avenue in A. BERG ADDITION.
4. That part of Mayhill Road in A. BERG ADDITION and that part of Mayhill Road lying
between Tim Avenue and the north right-of--way line of Highwood Avenue.
5. The south 60 feet of the north 190 feet of the west third of the west three-quarters of the SE
1/4 of the NE 1/4 of Section 13, Township 28, Range 22, Ramsey County, Minnesota.
All in Section 13, Township 28, Range 22 in Ramsey County.
WHEREAS, the history of these vacations is as follows:
1. On June 7, 1999, the planning commission recommended that the city council approve these
street vacations.
2. On June 28, 1999, 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.
3. On July 12, 1999, the city council again considered this request.
7-12-99 16
WHEREAS, after the city approves this vacation, public interest in the property will go to the
following abutting properties:
1. Lots 1, 7, and Lots 8-14, A. BERG ADDITION.
2. Except the North 657 feet and Except the South 243 feet of the North 900 feet of the east 240 feet
and except the east 288.17 feet of the part South of the North 900 feet, the East'/z of the NE 1/4 of
the NE 1/4 (Subject to Road) in Section 13, Township 28, Range 22 (PIN 13-28-22-11-0013)
3. The SW 1/4 of the NE 1/4 of the NE 1/4 (Subject to Road) in Section 13, Township 28, Range 22
(PIN 13-28-22-11-0014)
4. Subject to Roads; the East 343.6 feet of the West 3/4 of the SE 1/4 of the NE 1/4 in Section 13,
Township 28, Range 22, Ramsey County, Minnesota. (PIN 13-28-22-14-0019)
5. Except the South 657 feet; The West 1/4 of the SE 1/4 of the NE 1/4 in Section 13, Township 28,
Range 22, Ramsey County,
Minnesota. (PIN 13-28-22-14-
0020)
All in Section 13, Township 28, Range 22, Maplewood, Ramsey County, Minnesota.
NOW, THEREFORE, BE IT RESOLVED thatthe 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 dedicating new public street right-of--ways with the plat.
4. Mayhill Road and Phylis Avenue are too narrow for street construction.
Seconded by Councilmember Kittridge Ayes - Councilmembers Allenspach, Kittridge,
Carlson
Nays -Mayor Rossbach and Councilmember
Koppen
Councilmember Carlson moved to ayyrove the following resolution vacating the unused drainage and roadway
easements lying east of Schaller Drive, west of Century Avenue and north of Highwood Avenue in the New Century
PUD (as shown on the may on vase 63 of develoyers ayylication materials).
99-07-064
EASEMENT VACATION RESOLUTION
WHEREAS, Mr. Robert Engstrom, representing Robert Engstrom Companies, applied for the
7-12-99 17
vacation of the following-described easements:
1. The north 100 feet of the easttwo-thirds of the westthree-quarters of the SE 1/4 of the NE 1/4 of
Section 13, Township 28, Range 22, Ramsey County, Minnesota, except the east 343.60 feet.
2. That part of the West 1/3 of the West 3/4 of the SE 1/4 of the NE 1/4 of Section 13, Township 29,
Range 22, Ramsey County, Minnesota described as follows:
Commencing at the Southwest corner of said SE 1/4 of the NE 1/4; thence North 00 degrees 36
minutes 28 seconds East, on an assumed bearing along the West line of said SE 1/4, a distance of
452.04 feet to the point of beginning of the land to be described; thence continuing North 00 degrees
36 minutes 28 seconds East a distance of 597.82 feet; thence East a distance of 70.00 feet; thence
South 09 degrees 30 minutes East a distance of 61.00 feet; thence East a distance of 150.00 feet;
thence South 33 degrees 40 minutes East a distance of 54.00 feet; thence South a distance of 130.00
feet; thence South 67 degrees 20 minutes West a distance of 123.73 feet; thence South a distance of
110.00 feet; thence South 36 degrees 10 minutes West a distance of 105.36 feet; thence South 119.93
feet; thence West 90 feet to the point of beginning.
All lying north of Highwood Avenue and west of Century Avenue in Section 13, Township 28, Range
22, Maplewood, Minnesota.
WHEREAS, the history of this vacation is as follows:
1. On June 7, 1999, the planning commission recommended that the city council approve these vacations.
2. On June 28, 1999, 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.
3. On July 12, 1999, the city council again considered this request.
WHEREAS, after the city approves these vacations, public interest in the property will go to the following
abutting properties:
1. Subject to roads and easements and except the East 343.6 feet; the East 2/3 of the West 3/4 of the SE
1/4 of the NE 1/4 in Section 13, Township 28, Range 22, Ramsey County, Minnesota.
(PIN 13-28-22-14-0018)
2. Except the South 657 feet; The West 1/4 of the SE 1/4 of the NE 1/4 in Section 13, Township 28,
Range 22, Ramsey County,
Minnesota. (PIN 13-28-22-14-
0020)
3. The South 657 feet of the West 1/4 of the SE 1/4 of the NE 1/4 (Subject to road) of Section 13,
Township 28, Range 22, Ramsey County, Minnesota. (PIN 13-28-22-14-0021)
7-12-99 18
All in Section 13, Township 28, Range 22, Ramsey County, Minnesota
NOW, THEREFORE, BE IT RESOLVED thatthe city council approve the above-described vacations
for the following reasons:
L 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.
4. The developer will be dedicating new easeemnts with the final plat for the project.
Seconded by Councilmember Kittridge Ayes - Councilmembers Allenspach, Kittridge,
Carlson
Nays -Mayor Rossbach and Councilmember
Koppen
Councilmember Carlson moved to ayyrove the following resolution for a Code variation for a substandard cul-de-sac
where Schaller Drive meets the develoyer's west yroyerty line.
99-07-065
SUBSTANDARD CUL-DE-SAC CODE VARIATION RESOLUTION
WHEREAS, Mr. Robert Engstrom, of the Robert Engstrom Companies, requested a variation from the
city code.
WHEREAS, this code variation applies to the existing cul-de-sac at the east end of Schaller Drive at
the west property line for the proposed New Century PUD that is north of Highwood Avenue and west of
Century Avenue.
WHEREAS, Section 30-8 (b)(3) of the Maplewood City Code requires that cul-de-sacs have aright-
of-way diameter of 120 feet and a pavement diameter of 94 feet.
WHEREAS, the applicant is proposing to change a temporary cul-de-sac into a permanent cul-de-sac
with aright-of--way diameter of 100 feet and a reduced street pavement diameter.
WHEREAS, this requires a variation for the right-of--way diameter of 20 feet.
WHEREAS, the history of this variation is as follows:
The Maplewood Planning Commission reviewed this request on June 7, 1999. The planning
commission recommended that the council approve the proposed code variation.
7-12-99 19
The Maplewood City Council held a public hearing on June 28, 1999. City staff published a
notice in the Maplewood Review and sent notices to the surrounding property owners. The council
gave everyone at the hearing a chance to speak and to present written statements. The council also
considered reports and recommendations from the city staff.
The Maplewood City Council again considered this request on July 12, 1999.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council approve the above-
describedvariation subject to the city engineer approving the construction plans.
Seconded by Councilmember Kittridge Ayes -Councilmembers Allenspach, Kittridge
& Carlson
Nays -Mayor Rossbach &Councilmember Koppen
Councilmember Carlson moved to avvrove the reduced building setbacks for 2610 and 2611 Schaller Drive.
Seconded by Councilmember Kittridge Ayes -Councilmembers Allenspach, Kittridge
& Carlson
Nays -Mayor Rossbach &Councilmember Koppen
Councilmember Carlson moved to avvrove the following resolution ayyrovina a city code variation to have 50-foot-
wide streetright-of--ways instead of the 60-foot-wide right-of--ways in the New Century PUD.
99-07-066
STREET RIGHT-OF-WAY WIDTH CODE VARIATION RESOLUTION
WHEREAS, Mr. Robert Engstrom, of the Robert Engstrom Companies, requested a variation from the city
code.
WHEREAS, this code variation applies to the New Century PUD that is north of Highwood Avenue and west of
Century Avenue.
WHEREAS, the legal description for this property is:
The south'/z of the north'/z of the west'/z of the N.E. 1/4 of the N.E. 1/4 of Sec. 13, T.28, R.22,
Ramsey County, MN. and:
The south'/z of the west'/z of the N.E. 1/4 of the N.E. 1/4 of said Sec. 13. And:
That part of the N.E. 1/4 of said Sec. 13 described as commencing at the northeast corner of said
N.E. 1/4; thence south along the east line thereof 657 feet to the point of beginning; thence westerly
110 feet; thence southerly 70 feet; thence westerly 80 feet; thence southerly 20 feet; thence westerly
50 feet; thence southerly 60 feet; thence easterly 240 feet more or less, to the east line of said N.E. 1/4
7-12-99 20
thence north along the east line thereof 150 feet to the point of beginning. Subject to Century Ave.
and:
Lots 6, 7, 8 and 9, Block 1, A. Berg Addition. And:
The south'/z of the east'/z of the N.E. 1/4 of N.E. 1/4: of said Sec. 13, exceptthat part described
as follows: commencing at the northeast corner of said N.E. 1/4; thence south along the east line
thereof 807 feet to the point of beginning: thence westerly parallel to the north line of said N.E. 1/4
240 feet; thence southerly parallel to the east line of said N.E. 1/4 93 feet; thence westerly parallel to
said north line 48.17 feet; thence southerly parallel to said east line of 415.95 more or less to the south
line of said N.E. 1/4 of N.E. 1/4; thence east along the south line thereof to the southeast corner of said
N.E. 1/4 of N.E. 1/4; thence north to the point of beginning. Subject to Century Avenue and:
The west 3/4 of the S.E. 1/4 of the N.E. 1/4 of said Sec. 13, T. 28, R. 22, Ramsey Co. MN.,
subject to roads and easements. And:
All that part of the east'/z of the N.E. 1/4 of the N.E. 1/4, Sec. 13, T. 28, R. 22, described as
follows: Commencing at a point on the East line of said Sec. 13, distant 657 feet south of the N.E. Cor. of
said Sec. 13, thence West and parallel with the North line of said Sec. 13, 110 feet, thence South and
parallel with the East line of said Sec. 13, a distance of 70 feet; thence West 80 feet, to the point of
beginning to the land to be described; thence South and parallel to said east line 20 feet, thence West 50
feet, thence North 20 feet; thence easterly to the point of beginning. And:
The south 249 feet of the west 419 feet of the N'/z ofthe E'/z of the N.E. 1/4 of the N.E. 1/4 of
said Sec. 13.
All in Section 13, Township 28, Range 22, Ramsey County, Minnesota. (PINS 13-28-22-11-
0008, 0015, 0014, 0013 and 0022, 13-28-22-14-0018, 0019, 0020 and 0021.)
WHEREAS, Section 29-53 of the Maplewood City Code requires that local residential streets have 60
feet ofright-of--way.
WHEREAS, the applicant is proposing several local streets in the PUD with 50-foot-wide right-of-
ways and reduced street pavement widths.
WHEREAS, this requires a variation of ten feet.
WHEREAS, the history of this variation is as follows:
The Maplewood Planning Commission reviewed this request on June 7, 1999. The planning
commission recommended that the council approve the proposed code variation.
The Maplewood City Council held a public hearing on June 28, 1999. City staff published a
notice in the Maplewood Review and sent notices to the surrounding property owners. The council
gave everyone at the hearing a chance to speak and to present written statements. The council also
considered reports and recommendations from the city staff.
7-12-99 21
The Maplewood City Council considered this request again on July 12, 1999.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council approve the above-
describedvariation subject to the city engineer approving the construction plans.
Seconded by Councilmember Kittridge Ayes - Councilmembers Allenspach, Kittridge
& Carlson
Nays -Mayor Rossbach &Councilmember Koppen
Councilmember Carlson moved to ayyrove the following resolution ayyrovina a city code variation to have 24 &
28 foot-wide street instead of the 32-foot-wide streets in the New Century PUD.
99-07-067
STREET PAVEMENT WIDTH CODE VARIATION RESOLUTION
WHEREAS, Mr. Robert Engstrom of the Robert Engstrom Companies requested a variation from the city code.
WHEREAS, this code variation applies to the New Century PUD that is north of Highwood Avenue, and west
of Century Avenue.
WHEREAS, the legal description for this property is:
The south''/z of the north''/z of the west''/z of the N.E. 1/4 of the N.E. 1/4 of Sec. 13, T.28, R.22, Ramsey
County, MN. and:
The south'/ of the west'/ of the N.E. 1/4 of the N.E. 1/4 of said Sec. 13. And:
That part of the N.E. 1/4 of said Sec. 13 described as commencing at the northeast corner of said N.E.
1/4; thence south along the east line thereof 657 feet to the point of beginning; thence westerly 110 feet; thence
southerly 70 feet; thence westerly 80 feet; thence southerly 20 feet; thence westerly 50 feet; thence southerly 60
feet; thence easterly 240 feet more or less, to the east line of said N.E. 1/4 thence north along the east line
thereof 150 feet to the point of beginning. Subject to Century Ave. and:
Lots 6, 7, 8 and 9, Block 1, A. Berg Addition. And:
The south''/z of the east''/z of the N.E. 1/4 of N.E. 1/4: of said Sec. 13, except that part described as
follows: commencing at the northeast corner of said N.E. 1/4; thence south along the east line thereof 807 feet to
the point of beginning: thence westerly parallel to the north line of said N.E. 1/4 240 feet; thence southerly
parallel to the east line of said N.E. 1/4 93 feet; thence westerly parallel to said north line 48.17 feet; thence
southerly parallel to said east line of 415.95 more or less to the south line of said N.E. 1/4 of N.E. 1/4; thence
east along the south line thereof to the southeast corner of said N.E. 1/4 of N.E. 1/4; thence north to the point of
beginning. Subject to Century Avenue. and:
The west 3/4 of the S.E. 1/4 of the N.E. 1/4 of said Sec. 13, T. 28, R. 22, Ramsey Co. MN., subject to
roads and easements. And:
7-12-99 22
All that part of the east'/ of the N.E. 1/4 of the N.E. 1/4, Sec. 13, T. 28, R. 22, described as follows:
Commencing at a point on the East line of said Sec. 13, distant 657 feet south of the N.E. Cor. of said Sec. 13,
thence West and parallel with the North line of said Sec. 13, 110 feet, thence South and parallel with the East line of
said Sec. 13, a distance of 70 feet; thence West 80 feet, to the point of beginning to the land to be described; thence
South and parallel to said east line 20 feet, thence West 50 feet, thence North 20 feet; thence easterly to the point of
beginning. And:
The south 249 feet of the west 419 feet of the N'/z of the E'/z of the N.E. 1/4 of the N.E. 1/4 of said
Sec. 13.
All in Section 13, Township 28, Range 22, Ramsey County, Minnesota. (PINS 13-28-22-11-0008, 0015,
0014, 0013 and 0022, 13-28-22-14-
0018, 0019, 0020 and 0021.)
WHEREAS, Section 29-52(a)(9) of the Maplewood City Code requires that local residential streets shall be 32
feet in width, measured between faces of curbs.
WHEREAS, the applicant is proposing 28-foot-wide, 24-foot-wide and 20-foot-wide streets with no parking on
one side and no parking on both sides .
WHEREAS, this requires a variation of four feet, eight feet and twelve feet.
WHEREAS, the history of this variation is as follows:
The Maplewood Planning Commission reviewed this request on June 7, 1999. The planning commission
recommended that the council approve the proposed code variation.
The Maplewood City Council held a public hearing on June 28, 1999. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners. The council gave everyone at the hearing a
chance to speak and to present written statements. The council also considered reports and recommendations from
the city staff.
The Maplewood City Council again considered this request on July 12, 1999.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council approve the above-described
variation subject to no parking on one side of the 28-foot-wide streets, no both sides of the 24-foot wide streets and
the developer paying the city for the cost of no-parking signs.
Seconded by Councilmember Kittridge Ayes -Councilmembers Allenspach, Kittridge
& Carlson
Nays -Mayor Rossbach &Councilmember Koppen
Councilmember Kittridge moved to eliminate access to Hiahwood Avenue from the New Century PUD.
Seconded by Councilmember Carlson Ayes -Councilmembers Kittridge & Carlson
Nays -Mayor Rossbach, Councilmembers
Allenspach &Koppen
7-12-99 23
MOTION FAILED
Councilmember Carlson moved to ayyrove the New Century vreliminarv ylat (received by the city on March 26,
1999 and the revised ~radin~ ylans received by the city on May 24, 1999) and the revised vreliminarv ylat received
by the City on July 7, 1999. The developer shall complete the following before the city council ayyroves 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 NSP install Group V rate street lights in at least rune locations -primarily at street intersections.
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 Demolish, remove or move the existing house and buildings at 2665 Highwood Avenue, and all other
buildings, scrap metal, debris, vehicles and junk from the site.
g. Cap, seal and abandon all wells on site and remove any septic systems or drainfields within the plat,
subject to Minnesota rules and guidelines.
h. Complete all the curb and gutter on the Schaller Drive cul-de-sac to the west side of the site, repair
the cul-de-sac pavement and restore and sod the boulevards.
L For the trails, do the following:
(1) Construct an eight-foot-wide paved walkway between Lots 4 and 5, Block 2 as
shown on the plat date-stamped May 24, 1999. This trail shall be in an 18-foot-wide
trailway or pedestrian way.
(2) The developer also shall build the wood-chip trails and sidewalks as shown on the
application materials and project plans.
(3) The developer shall install posts at the end of the trails to prevent cars or trucks from
using the trail.
(4) The developer shall build the trails and sidewalks with the streets.
(5) The city engineer must approve these plans.
j. 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, grading or dumping beyond this point. City staff shall approve the sign design and
7-12-99 24
location before the contractor installs them. The developer or contractor shall install these
signs before the city issues building permits in this plat.
k. Install survey monuments along the wetland boundaries.
1. Install signs where the driveways for the twin homes and for the town houses intersect the
public streets indicating that they are private driveways.
m. Have an independent qualified geotechnical engineering and soil testing firm monitor and
inspect the pond during its construction. The city shall pre-approve the inspection firm(s)
before they start their work.
2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading,
utility, drainage, erosion control, tree, trail, sidewalk 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 home site.
The lot lines on this plan shall follow the approved preliminary plat.
(2) Contour information for all the land that the construction will disturb.
(3) House pads that reduce the grading on sites where the developer can save large trees.
(4) The proposed street 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.
All retaining walls on the plans. Any retaining walls taller than 4 feet require a
building permit from the city.
(7) Sedimentation basins or ponds as required by the watershed board or by the city
engineer.
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 trees. The deciduous trees
shall be at least two and one half (2 ''/z) inches in diameter and shall be a mix of red
and white oaks, ash and sugar maples. 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 beyond the approved grading and tree limits.
7-12-99 25
(5) Include for city staff a detailed boulevard tree planting plan and material list.
d. The street and utility plans shall show:
(1) Paved walkways in a trailway or pedestrian way as shown on the proposed plans and
between Lots 4 and 5, Block 2. The parks and recreation director shall approve their
design.
(2) The public streets 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) All public street right-of--ways shall be at least 60-feet-wide, unless the city council
approves a narrower street right-of--way.
(5) The completion of the curb and gutter on the existing Schaller Drive cul-de-sac, the
repair or replacement of the cul-de-sac pavement and the restoration and sodding of
the boulevards around the cul-de-sac.
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.
f A qualified geotechnical engineer shall design the storm water pond proposed at the
southeast corner of the site. The proposed design shall be subject to a quality engineering
peer review and recommendation by a geotechnical engineer approved by the city engineer.
The developer shall pay for this review. The developer's consultants shall complete this
review and approval before submitting the final construction plans to the city engineer.
Additional subsurface soil evaluations also shall be required within the proposed pond and
berm areas.
3. Change the plat as follows:
a. Add drainage and utility easements as required by the city engineer.
b. Show drainage and utility easements along all property lines on the final plat. These
easements shall be ten feet wide along the front and rear property lines and five feet wide
along the side property lines.
c. Revise the lot lines in Block Two so there is an 18-foot-wide trail or pedestrian way between
Lots 4 and 5 to accommodate the trail and watermain to Schaller Drive.
d. Show the wetland boundaries on the final plat as approved by the watershed district.
e. Show all public streetright-of--ways at 60 feet wide, unless the city council approves
narrower street right-of--ways.
7-12-99 26
f Make as many of the property lines as is reasonably possible radial to the cul-de-sacs or
perpendicular to the street right-of--ways.
g. Change the 40-foot-wide trail easement at the west end of Promontory Place (Dahl Avenue)
(between Lots 12 and 13, Block 1) to a 40-foot-wide trail or pedestrian way.
4. Secure and provide all required easements for the development. These shall include:
a. Any off-site drainage and utility easements.
b. Wetland easements over the wetlands and any land within 50 feet surrounding a Class II
wetland. The easement shall prohibit any building or structures within 50 feet of the Class II
wetland or any mowing, cutting, filling, grading or dumping within 50 feet of the wetland or
within the wetland itself.
The purpose of these easements is to protect the water quality of the wetlands from fertilizer
and runoff. They also are to protect the wetland habitat from encroachment.
5. 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.
6. Record the following with the final plat:
a. All homeowners association documents.
b. A covenant or deed restriction that prohibits driveways on Lots 11 and 12, Block 4 from
going onto Highwood Avenue.
c. Deeds dedicating the necessary wetland buffer easements surrounding any wetland.
d. 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.
The applicant shall submit the language for these dedications and restrictions to the city for
approval before recording.
7. 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 delineation 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.
8. 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.
7-12-99 27
The Council took no action on the request to waive the Park Access Charges (PAC) for the building permits for
the New Century residential PUD. This development would be north of Highwood Avenue and west of Century
Avenue.
Councilmember Carlson moved to avvrove the following resolution for the on-street varkina standards and no
on-street varkina requirements for the New Century PUD north of Hiahwood Avenue and west of Century
Avenue.
99-07-068
NO PARKING RESOLUTION
WHEREAS, Maplewood has approved a residential PUD and preliminary plat known as New Century.
WHEREAS, the developer wants to have reduced street right-of--way widths and reduced street pavement
widths in this development.
WHEREAS, the city has approved reduced streetright-of--way widths and reduced street pavement 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 less than 28 feet wide and prohibits parking on one side of the public streets that are 28
feet to 32 feet wide in the New Century PUD north of Highwood Avenue and west of Century Avenue in Section 13-
28-22.
Seconded by Councilmember Kittridge Ayes -Councilmembers Allenspach, Kittridge
& Carlson
Nays -Mayor Rossbach &Councilmember Koppen
Councilmember Kittridge moved to avvrove the develoyer's request to start the construction of uy to four model
homes on Red Pine Circle (Valley View Circle) before the city ayyroves the final ylat. This is subiect to the
following conditions:
1. There shall be utilities and a hard surface street or driveway to each building location before the city
issues a building permit.
2. The builder shall have each structure surveyed into place by a registered land surveyor.
Seconded by Councilmember Allenspach Ayes -Councilmembers, Kittridge, Carlson and
Allenspach
Nays -Mayor Rossbach and Councilmember
Koppen
7-12-99 28
K. NEW BUSINESS
1. Approve Budget for the Bartelmy Acres Neighborhood Street Improvements, Project 99-13
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report.
Councilmember Koppen directed staff to begin proiect development for the Bartelmy Acres
Neighborhood and approve the recommended not-to-exceed a budget of $5,000.
Seconded by Councilmember Kittridge Ayes -all
2. First Financial (East of 2025 E. County Road D)
- Building Design
- Site and Landscape
a. Manager McGuire introduced the staff report.
b. Associate Planner Roberts presented the specifics of the report.
c. Boardmember Matt Ledvina presented the Community Design Review Board report.
Councilmember Kittridge moved to approve the revised building elevations, site plan and landscape
plans date-stamped June 4, 1999, for the proposed First Financial building east of 2025 E. County Road D.
Approval is based on the findings required by the code and subject to adherence to the approved plans and
compliance with the revised conditions of approval as follows (additions to the original motion are
underlined and deletions are crossed out):
1. Repeat this review in two years if the city has not issued a building permit for this
project.
2. Before getting a building permit the applicant shall:
a. Submit grading, drainage, utility and erosion control plans for city engineer approval.
b. Re~ise~sit -atr€e~st
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b. Submit revised building elevations for the south elevation of the building showing arches over
7-12-99 29
the two middle windows and agable-peak detail on the top of the exterior wall.
3. The applicant shall complete the following before occupying the building:
a. Install a handicap parking sign for each handicap parking space. Handicap spaces must comply
with ADA requirements. One space must be van accessible.
b. Paint any rooftop mechanical equipment to match the color of the upper part of the building.
(code requirement)
a Construct a trash dumpster enclosure to match the building with a 100 percent opaque gate.
(code requirement)
d. Install an in-ground lawn irrigation system for all landscaped areas. (code requirement)
e. Director shield the site lights so they do not shine in drivers eyes. The applicant shall provide a
l~hting to staff for approval.
f Provide continuous concrete curbing around all parking lots and drives.
g. Post the nine-foot-wide parking spaces for employees only. (code requirement)
Parking spaces for visitors or customers must be at least 9 '/z feet wide.
h. Sod all turf areas, including the boulevard, except planting beds if a different ground cover or
mulch is to be used.
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.
b. The city receives a cash escrow or an irrevocable letter of credit 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
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. Signs are not approved in this review. The applicant must submit the sign plans to staff for
approval and obtain the necessary sign permits.
6. All work shall follow the approved plans. The director of community development may
approve minor changes.
7. The proposed color scheme for the building shall be submitted to staff for approval. ~
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7-12-99 30
Seconded by Councilmember Koppen Ayes -all
3. Criteria for Accepting Liquor License Applications
a. Manager McGuire introduced the staff report.
b. City Clerk Guilfoile presented the specifics of the report.
Councilmember Carlson moved to direct staff to amend the code requiring applicants of existing ILL
that are re-issued to maintain 70% of their Qaove sales in non-liquor related items.
Seconded by Councilmember Allenspach Ayes -all
L. VISITOR PRESENTATIONS
NONE
M. COUNCIL PRESENTATIONS
1. Mayor's Mailbox
2. Historical Society -Discussion held regarding donations made to the Historical Society by the city.
3. Community Center -Discussion regarding past marketing study
4. Councilmember Carlson gave an update on the Cable Commission
N. ADMINISTRATIVE PRESENTATIONS
1. Referendums -Educational and Marketing Plan
a. Manager McGuire introduced the staff report.
b. Assistant to the Manager Ericson presented the specifics of the report.
Councilmember Allenspach moved to approved a budget of $8,000 to properly promote, educate and
market the $3.54M Fire Safety Referendum and the $3.47M Parks and Recreation Referendum and the No
Taxpayer Cost Seven Additional On-Sale Liquor License Referendum.
7-12-99 31
Seconded by Councilmember Kittridge Ayes -all
Mayor Rossbach moved to go into closed session to discuss pending litigation.
Seconded by Councilmember Carlson Ayes -all
Councilmember Kittridge moved to adjourn the closed session.
Seconded by Councilmember Carlson Ayes -all
Mayor Rossbach moved to return to regular session.
Seconded by Councilmember Carlson Ayes -all
O. ADJOURNMENT
Mayor Rossbach moved to adjourn the meeting at 10:25 P.M.
Seconded by Councilmember Kittridge Ayes -all
Karen E. Guilfoile, City Clerk
7-12-99 32