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Home My WebLink About10-09-2000MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 9, 2000 Council Chambers, Municipal Building Meeting No. 00-21 A. B. C. D. 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 Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Sherry Allenspach, Councilmember Present Kenneth V. Collins, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present APPROVAL OF MINUTES: Councilmember Allenspach moved to approve the minutes of Meeting No. 00-20 (September 25, 2000) as presented. Seconded by Councilmember Wasiluk Ayes -all Councilmember Allenspach moved to approve the minutes of Council/Manager Workshop (September 25, 2000) as presented. Seconded by Councilmember Koppen Ayes -all E. APPROVAL OF AGENDA: Councilmember Koppen moved to approve the Agenda as amended: M 1. White Bear Avenue and Lydia Avenue Turn Signal M2. Rushline Corridor Task Force M3. Advocacy of Referendum and Explanation M4. District 622 Committee M5. Channel 16 Rebroadcast 10-9-00 1 M6. Dispatching F G. Seconded by Councilmember Wasiluk APP OINT MENT S/PRESENTATIONS None CONSENT AGENDA: Ayes -all Councilmember Koppen moved to approve the Consent Agenda as presented. Seconded by Councilmember Wasiluk Ayes -all 1. Approval of Claims Approved claims. ACCOUNTS PAYABLE $87,243.68 Checks #8377 thru #8388 dated 9/19 thru 9/22/00 $208,271.96 Checks #51520 thru #51576 dated 9/26/00 $35,343.71 Disbursements via debits to checking account dated 9/19 thru 9/22/00 $5,160.83 Checks #8389 thru #8390 dated 9/26 thru 9/27/00 $270,239.70 Checks #51579 thru #51670 dated 10/3/00 $151,134.49 Disbursements via debits to checking account dated 9/26 thru 10/02/00 $757,394.37 Total Accounts Payable PAYROLL $330,832.13 Payroll Checks and Direct Deposits dated 9/29/00 $23,958.50 Payroll Deduction check #80580 thru #80584 dated 9/29/00 $354,790.63 Total Payroll $1,112,185.00 GRAND TOTAL 2. Conditional Use Permit Review -Waldorf School (70 County Road B East) Approved review of the conditional use permit for Waldorf School, 70 County Road B, in one year. 3 No-Parking Signage Request 10-9-00 2 Established a no-parking zone and directed public works to install the necessary signage on Kennard Street from Gervais Avenue. 4. Donation to Police Canine Program Accepted a $100 donation from the American Association of Lab Animal Science to be used for canine training and/or equipment. 5. Medical Direction Fees Approved adding graphics on Maplewood ambulances stating •~Iedical Direction Provided by Regions Hospital••in order to reduce medical direction costs. 6. Nature Center Donation Accepted a donation from Mr. Roger R. Lenzmeier•s estate in the amount of $2,500 for the nature center. 7. Discontinued Pagers -Fire Department Designated the old Minitor II pagers, which alerted firefighters of emergency calls, as surplus equipment. These discontinued pagers have been replaced by the new Motorola Minitor III pagers. 8. Surplus Truck -Fire Department Designated old Fire Engine 3, which is no longer needed in the fire department, as surplus equipment to be sold. 9. Certification of Election Judges Approved the following resolution: RESOLUTION 00-10-094 RESOLUTION ACCEPTING ELECTION JUDGES 10-9-00 RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2000 General Election, being held on Tuesday, November 7, 2000: PRECINCT NO. 1 Audrey Duellman DeLoris Fastner Marie Grenz Joan Kolasa Marvella Lackner Louise Nieters Schroepfer, Harriet PRECINCT NO. 2 Betty Granger Jacqueline Hayne Barbara Johnson Joseph Kolasa Rose Marie Manders Esther Maudal James Nieman Elizabeth Olson Jacque Phillippi Milo Thompson PRECINCT NO. 3 Jaime Belland Pat Blank Jean Dickson Kathy Dittle Barbara Gallagher Jeff Janacek Rosemary Koch Pat Thompson Carmen Tomaszewski Gene Wandersee Jessica Ryden Mary Vante John Willy Steve Young PRECINCT NO. 5 Anne Cardenas Diane Droeger Marge Dvorak Betty Eddy Shirley Evertz Thelma Ling Blaine Markie Patricia Trumble Cecilia Tucker PRECINCT NO. 6 Elizabeth Adams Joan Button Margaret Cokley Mae Davidson MaryAnn Franssen John Henry Richard Lambert William Little RoseMarie Rossi PRECINCT NO. 7 Jeanette Bunde Ron Kockelman Rita Lally Howard Muraski Mary Ann Schneider Don Schroepfer PRECINCT NO. 9 Elsie Anderson Bernice Del Monte Kumud Desai Grace Locke Carol Mahre Katherine Mollers Lorraine Petschel Barbara Vandeveer PRECINCT NO. 10 Joan Cottrell Ann Fallon Betty Haas Mona Krekelberg Neva Norman Marlene Reitmann D. Franklin Tolbert Lillian Yekaldo PRECINCT NO. 11 Lorraine Fischer Mary Fischer Rita Fredrickson Edward Kuehnel Betty Mossong Ruth Prettner Louis Spies PRECINCT NO. 12 Lucille Cahanes Jennifer Hollerbach Don Jungmann Margaret Kunde Jackie Meyer Arthur Mollica Beverly Ogilvie Phyllis Pauly Larry Schaaf Evelyn Skluzacek Don Jungmann Lorraine Taylor PRECINCT NO. 14 Shirley Luttrell Carol Berger Constance Hines Helen King Anita Larson Delores Lofgren Kenneth Sullivan PRECINCT NO. 15 Margaret Arneberg Delores Fitzgerald Guy Grant Carol Hamre Lorraine Lauren Richard Lofgren Delores Marsch Elaine Rudeen Florence Sajevic Theresa Sullivan Geraldine Trooien Martha Wells PRECINCT NO. 4 Geraldine Callahan Lori Colliander Virginia Dehn Grace Domfeld Fred DuCharme Walter Hayde Carol Knauss Maryanne Kuperschmidt Barbara Leiter Joan Misgen David Pehl Lorraine Rosauer H. PUBLIC HEARINGS: PRECINCT NO. 8 Gerald Behm John Eineke Bob Flood Beverly Gelao Gloria Kittel Claire Markie Karyl Petersen Rita Taylor Sandra Wittmann 7:00 P. M. Birch Glen (Ariel Street) PRECINCT NO. 13 Anne Fosburgh Mark Gilstad Diane Golaske Anna Mae Hogan 10-9-00 PRECINCT NO. 16 Joan Bartelt Carol Berthianume Catherine Falenzer Carolyn Eickhoff Mary Grant Carol Hamre Mildred Iversen Gayle Wasmundt 4 A. Land Use plan Change (BC to R-3(H)) (4 votes) B. Conditional Use Permit for Planned Unit Development C. Design Approval a. Mayor Cardinal convened the meeting for a public hearing. b. Acting City Manager Coleman introduced the staff report. c. Associate Planner Roberts presented the specifics of the report. d. Commissioner Milo Thompson presented the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Bob Banks, of Specialty Development Corporation, the applicant f Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution that changes the land use plan from BC (business commercial) to R-3(H) (residential high density) for the 3.2-acre site of the Birch Glen housing development: RESOLUTION 00-10-095 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Mr. Bob Bankers, representing Specialty Development Corporation, applied for a change to the city's land use plan from BC (business commercial) to R-3(H) (residential high density). WHEREAS, this change applies to the undeveloped property located on the east side of Ariel Street between Woodlynn Avenue and County Road D. WHEREAS, the history of this change is as follows: On September 7, 2000, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the plan amendments. 2. On October 9, 2000, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described 10-9-00 changes for the following reasons: This site is proper for and consistent with the city's goals, objectives and policies for high- density residential land use in the comprehensive plan. This includes: a. Creating a transitional land use between the existing residential and commercial land uses. b. It is near a collector street, open space and shopping and is between two arterial streets. 2. This development will minimize any adverse effects on surrounding properties because: a. The on-site pond and large setback from Woodlynn Avenue will separate the apartment building from the residences to the south. b. There should be no significant traffic increase from this development on existing local residential streets. The existing street pattern keeps the apartment traffic separate from the existing single dwellings and other residences. 3. This change would eliminate a planned commercial area that would have been next to residential areas. Seconded by Mayor Cardinal Ayes -all Councilmember Koppen moved to adopt the following resolution for a conditional use permit for a planned unit development for the Birch Glen apartment development on Ariel Street. Developer will propose playQaound egUlpment and work out details with stafffor their approval. RESOLUTION 00-10-096 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Bob Bankers, representing Specialty Development Corporation, applied for a conditional use permit (CUP) for the Birch Glen apartment planned unit development (PUD). WHEREAS, this permit applies to the undeveloped property on the east side of Ariel Street between Woodlynn Avenue and County Road D. The legal description is: That part North of the centerline of Woodlynn Avenue of the East 197.958 feet of the West 527.268 feet (subject to roads and pipe line easement) in the NE 1/4 of Section 2, Township 29, Range 22. (PIN 02-29-22-12-0007) WHEREAS, the history of this conditional use permit is as follows: 10-9-00 6 On September 7, 2000, the planning commission recommended that the city council approve this permit. 2. On October 9, 2000, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, 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: All construction shall follow the plans date-stamped August 15, 2000. The city council may approve major changes. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 10-9-00 7 3.* Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, streets, sidewalks, tree and driveway and parking lot plans. 4. The design of the pond shall be subject to the approval of the city engineer. The developer shall provide the city an easement for this pond that shall cover at least all the area within the 942 contour. The developer also shall provide the city a 20-foot-wide drainage and utility easement over the storm sewer pipe between the pond and the Woodlynn Avenue right-of--way. 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. Remove any debris, junk and garbage from the site. d. Install a 5-foot-wide concrete sidewalk along the east side of Ariel Street between County Road D and Woodlynn Avenue. 6. There shall be no outdoor storage of recreational vehicles, boats or trailers. 7. Residents shall not park trailers and vehicles that they do not need for day-to-day transportation on site. If the city decides there are excess parking spaces available on site, then the city may allow the parking of these on site. 8. The developer shall provide an on-site storm shelter in the apartment building. This shelter shall be subject to the approval of the director of emergency preparedness. It shall have a minimum of three square feet per person for 80% of the planned population. 9. The city council shall review this permit in one year. 10. The developer shall amend the plan to add a play structure and/or picnic tables. Subject to staff approval. *The developer must complete these conditions before the city issues a grading permit or a building permit. Seconded by Mayor Cardinal Ayes -all Councilmember Koppen moved to approve the plans date-stamped August 15, 2000 (site plan, landscape plan, grading and drainage plans and building elevations) for Birch Glen. The city bases this approval on the findings required by the code. The developer or contractor shall do the 10-9-00 followine: Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a.* Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, sidewalk and driveway and parking lot plans. The plans shall meet the following conditions: (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation, water elevation and contour information. These shall include the normal water elevation and 100- year highwater elevation. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as required by the watershed board or by the city engineer. (d) 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. This shall include covering these slopes with wood fiber blankets and seeding them with a •no mow••vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than 4 feet tall require a building permit from the city. (3)* The tree plan shall: (a) Be approved by the city engineer before site grading or tree removal. (b) 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. (c) Show no tree removal beyond the approved grading and tree limits. (d) These plans shall be consistent with the approved landscape plan. (4) The design of the storm water pond shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off- site grading or drainage easements and for recording all necessary easements. 10-9-00 9 (5) All the parking areas and driveways shall have continuous concrete curb and gutter. (6) The driveways shall meet the following standards: 24-foot width--no parking on either side and 32-foot width--parking on one side. The developer or contractor shall post the driveways with no parking signs to meet the above-listed standards. (7) The developer shall not disturb the boulevard and slope along the south side of County Road D north of the building. (8) The developer shall install afive-foot-wide concrete sidewalk along Ariel Street between Woodlynn Avenue and County Road D. (9) The developers engineer shall verify that the catch basin in Woodlynn Avenue is sized large enough to receive a 30-inch pipe. As an alternative, consider constructing a new catch basin manhole on Woodlynn Avenue directly south of the pond. b. Submit alawn-irrigation plan to staff showing the location of sprinkler heads. c. Submit a certificate of survey for all new construction. d. Revise the landscape plan for city staff approval showing: (1) As much of the existing vegetation (including large trees) along the northern property line and around the wetland preserved as possible. (2) The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas on the south side of the apartment building around the storm water pond with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance. This is to reduce maintenance costs and to reduce the temptation of mowers to encroach into the pond. Specifically, the developer shall have the natural areas seeded with an upland mixture above the 942 contour and shall use a lowland mixture below the 942 contour. (3) The planting of native grasses and flowering plants around the proposed storm water pond shall extend at least four feet from the ordinary high water mark (OHWM) of the pond. 10-9-00 10 e. Get the necessary approvals and permits from the watershed district. f Submit a site lighting plan for city staff approval showing the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent streetright-of--ways and from nearby homes. g. The developer shall record with Ramsey County: (1) A drainage and utility easement for the proposed ponding and wetland area. This easement shall be for all property within and below the proposed 942 contour and shall be subject to the approval of the city engineer. (2) A 20-foot-wide drainage and utility easement over the storm water pipe between the pond and the Woodlynn Avenue right-of--way. h. Have the Saint Paul Regional Water Services (SPRW S) review and approve the proposed utility plans. The fire chief shall approve the access to the back of the building for firefighting needs. Complete the following before occupying the building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. a Install reflectorized stop signs at each exit, ahandicap-parking sign for each handicap-parking space and an address on the building. In addition, the applicant shall install wetland buffer and no parking signs within the site, as required by staff. d. Paint any roof-top mechanical equipment to match the uppermost part of the building. Screen all roof-mounted equipment visible from streets or adjacent property. (code requirement) e. Construct trash dumpster and recycling enclosures as city code requires for any dumpsters or storage containers that the owner or building manger would keep outside the building. Any such enclosures must match the materials and colors of the building. £ Install and taper the concrete sidewalk along Ariel Street to match each of the driveways. g. Install and maintain an in-ground sprinkler system for all landscaped areas. h. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. 10-9-00 11 Install a storm shelter in a central location in the apartment building. This shelter shall be subject to the approval of the Maplewood director of emergency preparedness. It shall have a minimum of three square feet per person for 80% of the planned population. Install on-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent streetright-of--ways and from nearby homes. k. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2)* Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. (4) Post the west side of the driveway to the front door with no parking signs. 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 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 of occupancy if the building is occupied in the spring or summer. a The city receives an agreement that will allow the city to complete any unfinished work. All work shall follow the approved plans. The director of community development may approve minor changes. 6. The applicant shall provide a base of four feet of brick to match the apartment building on all sides of the garage building. The applicant also shall add two dormers on the west face of the garage roof above the garage doors to break up the roof mass. These revisions are subj ect to staff approval. Seconded by Mayor Cardinal Ayes -all 10-9-00 12 2. 7:10 P.M. Proposed Levy Certification Tax Rate Increase a. Mayor Cardinal convened the meeting for a public hearing. b. Acting City Manager Coleman introduced the staff report. c. Finance Director Faust presented the specifics of the report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. No one came forward. e. Mayor Cardinal closed the public hearing. Councilmember Allenspach moved to adopt the following resolution authorizing a tax rate increase for the 2000 tax lew. collectible in 2001: RESOLUTION 00-10-093 RESOLUTION AUTHORIZING A TAX RATE INCREASE FOR THE 2000 TAX LEVY, COLLECTIBLE IN 2001 WHEREAS, State law requires that the City Council hold a public hearing and adopt a resolution before a levy certification tax rate increase maybe allowed, and WHEREAS, a public hearing has been held on October 9, 2000, and WHEREAS, adoption of this resolution does not prohibit the city from certifying a final levy that will result in no tax rate increase or a tax rate decrease, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, that the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2001 that is higher than the tax rate calculated pursuant to Minnesota Statutes 275.078 for the city for taxes levied in 1999, collectible in 2000. Seconded by Councilmember Collins Ayes -all 7:20 P.M. Pineview Estates Preliminary Plat (County Road D) a. Mayor Cardinal convened the meeting for a public hearing. b. Acting City Manager Coleman introduced the staff report. 10-9-00 13 c. Associate Planner Roberts presented the specifics of the report. d. Commissioner Milo Thompson presented the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Patrick Goff, of Goff Homes, the applicant f Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the Pineview Estates preliminary~lat (received bj the city on August 24. 2000). The developer shall complete the following before the city council approves the final plat: 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. Pay the city for the cost of any traffic-control or no parking signs. d. Provide all required and necessary easements. 2.* Have the city engineer approve final construction and engineering plans. These plans shall be revised to follow the site plan and preliminary plat dated August 24, 2000, and shall include the grading, utility, drainage, erosion control, tree, driveway and street plans. The plans shall follow the plans dated December 15, 1999, as approved by the Assistant City Engineer on February 14, 2000, and 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) The proposed street and driveway grades as allowed by the city engineer. (4) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3: 1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall 10-9-00 14 be protected with wood fiber blankets, be seeded with a no maintenance vegetation and be stabilized before the city approves the final plat. (5) All retaining walls on the plans. Any retaining walls taller than 4 feet require a building permit from the city and shall be designed by a structural engineer. The developer shall install a protective rail on top of any retaining wall that is taller than four feet. (6) Sedimentation basins or ponds as maybe required by the watershed board or by the city engineer. (7) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (8) Revise the westerly most sanitary sewer alignment to improve the connection and flow angle of the sanitary sewer line entering the city~s existing sanitary sewer manhole. The city engineer must approve the sanitary sewer connection realignment. (9) Have the Saint Paul Regional Water Services (SPRW S) review and approve the proposed utility plans. Specifically, the former submittal required 4-inch mains to service the buildings with blow-offs at the ends. All fire hydrants shall be neat to County Road D. a The street, driveway and utility plans shall show: (1) All the parking areas and driveways with continuous concrete curb and gutter. (2) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRW S). Fire flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (3) All utility excavations located within the proposed right-of--ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. Pay the costs related to the engineering departments review of the construction plans. 4. Sign a developers 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. 10-9-00 15 b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of County Road D (street and boulevard) after the developer connects to the public utilities and builds the driveways. 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 the site perimeter 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. 6. Secure and provide all required easements for the development including any off-site drainage and utility easements. 7. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developers agreement any grading that the developer or contractor has not completed before final plat approval. 8. Submit the homeowners association bylaws and rules to the Director of Community Development. These are to assure that there will be one responsible party for the maintenance of the private utilities, driveways and structure. 9. Record the following with the final plat: a. All homeowners association documents. b. 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. 10. Obtain apermitfromthe Ramsey-Washington Metro Watershed District for grading. 11. 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. 12. The developer shall amend the plan to add a play structure and/or picnic tables. Subject to staff approval. *The developer must complete these conditions before the city issues a grading permit or approves 10-9-00 16 the final plat. Seconded by Mayor Cardinal Ayes -all I. AWARD OF BIDS None J. UNFINISHED BUSINESS None K. NEW BUSINESS Acceptance of Block Grant Funds a. Acting City Manager Coleman introduced the staff report. b. Police Chief Winger presented the specifics of the report. Councilmember Koppen moved to authorize the Police Department to receive and expend the LLEGB Brant and approve the required matching funds from the Police Department Law Enforcement Fund for this purpose. Seconded by Councilmember Wasiluk Ayes -all 2. White Bear Avenue Corridor Study (Summary and Recommendations) a. Acting City Manager Coleman introduced the staff report and presented the specifics of the report. Councilmember Allenspach moved to adopt the White Bear Avenue Corridor Study with the recommendations from the Communi . Desi_ Review Board and the Planning Commission. Seconded by Mayor Cardinal Ayes -all Authorization Resolution -Metropolitan Council Livable Communities Demonstration Program (Hajicek Property - 1700 County Road D and Hillside/Hillcrest Neighborhoods) a. Acting City Manager Coleman introduced the staff report and presented the specifics of the report. Councilmember Koppen moved to adopt the following resolution authorizing_applicationfnr the Livable Communities Demonstration Program for the Hajicek property: 10-9-00 17 RESOLUTION 00-10-091 AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, Maplewood is a participant in Livable Communities Acts Housing Incentives Program for 1999 and 2000 as determined by the Metropolitan Council, and is therefore eligible to apply for funds under the Livable Communities Demonstration Account; and WHEREAS, the City has identified a proposed project in Maplewood that meets the Demonstration Accounts purposes and criteria; and WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will meet all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the Maplewood City Council agrees to act as a legal sponsor for the project contained in the Demonstration Account application submitted on September 20, 2000. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of Maplewood and to execute such agreements as maybe necessary to implement the project on behalf of the applicant. Seconded by Councilmember Wasiluk Ayes -all Councilmember Koppen moved to adopt the following resolution authorizing application for the Livable Communities Demonstration Program for the Hillcrest area: RESOLUTION 00-09-092 AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, Maplewood is a participant in Livable Communities Acts Housing Incentives Program for 1999 and 2000 as determined by the Metropolitan Council, and is therefore eligible to apply for funds under the Livable Communities Demonstration Account; and WHEREAS, the City and Saint Paul have identified a proposed project in Maplewood and Saint Paul (known as the Hillcrest Village) that meets the Demonstration Accounts purposes and criteria; and WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate project administration; and 10-9-00 18 WHEREAS, the City certifies that it will meet all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the Maplewood City Council agrees to act as a legal co-sponsor for the Hillcrest Village project contained in the Demonstration Account application submitted by Saint Paul on September 22, 2000. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of Maplewood and to execute such agreements as maybe necessary to implement the project on behalf of the applicant. Seconded by Councilmember Wasiluk Ayes -all L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS 1. White Bear Avenue and Lydia Avenue Turn Signal for Pedestrian Crosswalk - At the Mayors Forum on October 7th a petition signed by 204 residents was given to the Mayor requesting that a left turn arrow be installed on White Bear Avenue going south at the corner of Lydia Avenue and White Bear Avenue. Staff will research the possibility of the request and report back to the Council. 2. Rushline Corridor Task Force -Mayor Cardinal reported that the purpose of the task force is to provide a community forum to address the technical land use, environmental, and financial issues associated with making reliable convenient transit service available in the corridor to Rush City. Councilmember Collins volunteered to be on the task force, Councilmember Wasiluk will be an alternate. Advocacy of Referendum and Explanation -Council requested that City Attorney Kelly comment on city employees and Ramsey County employees relating their opinions on the pros and cons of the referendum. His direction is as follows: 1. City employees should not make representations, pro or con, in the capacity as a city representative. 2. No activities on city time. 3. No activity utilizing city resources. 4. District 622 Committee -Mayor Cardinal said there was a request from the Membership Committee of the District 622 Community Education Advisory Council that the city appoint a person to serve as the official Maplewood representative. Councilmember Allenspach volunteered, Councilmember Wasiluk will serve as alternate. 10-9-00 19 Channel 16 Rebroadcast -Mayor Cardinal said that the Channel 16 rebroadcasts of the city council meetings were being cutoff midway through the meeting. The council asked staff to look into this. 6. Dispatching -Councilmember Koppen said there was still some confusion over the intent of the referendum and he wanted the residents to know what effect the outcome of the referendum would have on bringing dispatching back to Maplewood. Mayor Cardinal said discussion would be held after the November 7th General Election. N. ADMINISTRATIVE PRESENTATIONS Councilmember Allenspach, on behalf of the city council, expressed condolences to Parks & Recreation Commissioner Carolyn Peterson whose husband Glen passed away. O. ADJOURNMENT Councilmember Allenspach moved to adjourn the meeting at 8:30 P. M. Seconded by Councilmember Wasiluk Ayes -all Karen E. Guilfoile, City Clerk 10-9-00 20