HomeMy WebLinkAbout02-10-2003MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, February 10, 2003
Council Chambers, Municipal Building
Meeting No. 03-03
A.
B.
C.
D.
E.
CALL TO ORDER:
A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and
was called to order at 7:00 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
ROLL CALL
Robert Cardinal, Mayor Present
Kenneth V. Collins, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councilmember Absent
APPROVAL OF MINUTES
1. Minutes from the January 27, 2003 CounciUManager Workshop
Councilmember Juenemann moved to approve the CounciUManager Workshop Minutes of
January 27. 2003 as presented.
Seconded by Councilmember Koppen
Ayes-All
2. Minutes from City Council Meeting from January 27, 2003 Meeting No. 03-03
Councilmember Collins moved to approve the City Council Minutes of January 27. 2003
meeting as amended.
Seconded by Councilmember Juenemann
Ayes-All
APPROVAL OF AGENDA
M1. Sandy Lake Site Soccer Fields
M2. Conference of Mayor's Message
M3. Website Hits
M4. Launderville Towing
M5. Town Meeting
N1. Interstate 94 Improvements @
McKnight and Century
Councilmember Juenemann moved to approve the agenda as amended.
Seconded by Councilmember Collins Ayes-All
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F. APPOINTMENTS/PRESENTATIONS
None
G. CONSENT AGENDA
1. Approval of Claims
ACCOUNTS
PAYABLE
$104,918.29 Checks #60033 thru #60074 dated 1/28/03
$307,957.73 Disbursements via debits to checking account
dated 1/17thru 1/23/03
$2,255.00 Checks #60075 thru #60076 dated 1/27 thru
1/30/03
$822,674.63 Checks #60077 thru #60138 dated 1/31 thru
2/4/03
$754,584.82 Disbursements via debits to checking account
dated 1/24 thru 1/30/03
$1,992,390.47 Total Accounts Payable
PAYROLL
$440,165.78 Payroll Checks and Direct Deposits dated
1/31/03
$23,246.47 Payroll Deduction checks #92409 thru #92413
dated 1/31/03
$463,412.25 Total Payroll
$2,455,802.72 GRAND TOTAL
2. Transfers from Tax Increment Funds
Authorized the appropriate 2002 budget adjustments and 2002 transfers totaling
$347,310 from the Tax Increment Funds to the Debt Service Funds.
3. Budget Transfer for Performance Measurement Program
Approved the transfer of $8,900 from the General Fund Contingency Account to finance
a one-year trail membership in the ICMA Performance Measurement Program.
4. Budget Transfer to Close Fund for Highway 36 Access Study
Approved the appropriate budget changes and a transfer of the $7,716.64 balance in the
study fund to the Street Construction State Aid Fund, which financed the study.
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5. Budget Transfer to Close Fund for Ripley Avenue Improvements
Approved the appropriate budget changes and a transfer of $2,721.02 from the Street
Construction State Aid Fund in order to close the fund for this project.
6. Budget Transfer to Close Fund for Bartelmy Acres Neighborhood Street Improvements
Approved the appropriate budget changes and a transfer of $387.64 from the Street
Construction State Aid Fund in order to close the fund for this project.
7. Budget Changes for 2002 Bond Issue
Authorized staff to make the appropriate 2002 budget adjustments.
8. Carry Over of 2002 Appropriations to 2003
Approved the carry over from one year to the neat of unspent monies for specific
purposes. This involves reductions in the 2002 Budget and corresponding increases in
the 2003 budget.
9. Resubmission of Resolution 89-2-25-Street Vacation
Adopted the following resolution to correct and replace the original resolution 89-2-25:
RESOLUTION 03-02-013
WHEREAS, the City of Maplewood did meet and pass Resolution 89-2-25 on Feb. 27, 1989 as initiated
by City of Maplewood; whereas the City of Maplewood did not file said resolution with the Recorder of
Deeds, Ramsey County, Minnesota Whereas, said resolution was written and worded is such fashion as
to not clearly convey the intent by the City, and an amended version is herewith submitted to correct and
clarify the original submission.
STREET VACATION RESOLUTION
WHEREAS, Peter J. Schmelz initiated proceedings to vacate the public interest in the following
property:
The Cope Avenue right-of--way lying west of the centerline of Duluth Street extended. And the
west'/z of Duluth Street lying south of the North ROW line of Cope Avenue thence southerly to a point
187 feet thereof.
WHEREAS, the procedural history of this vacation is as follows:
L A majority of the owners of the property abutting said street have signed a
petition for this vacation.
IL This vacation was reviewed by the Planning Commission on February 6, 1989.
The Planning Commission recommended to the City Council that this vacation
be approved.
3. The City Council held a public hearing on February 27, 1989, to consider this vacation.
Notice thereof was published and mailed pursuant to law. All persons present at this hearing
were given an opportunity to be heard and present written statements. The Council also
considered reports and recommendations of the City Staff and Planning Commission.
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WHEREAS, upon vacation of the above-described street, public interest in the property will accrue to
the following describe abutting properties:
PIN 092922420009 - Subj to Rds & Esmts; The W 110 ft of Blks 14 & 17 & E 240 ft of Blks 15
& Blk 16.; PIN 022922430043 Ex N 30 feet; & ex S 174 feet; the W 225 feet of E 255 feet of Blk 10 &
also the W 105 feet of E 135 feet of N 30 feet of Blk 10 all in Clifton Addition, Ramsey County,
Minnesota.
NOW THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the
public interest to grant the above described vacation on the basis of the following findings of fact:
1. The City has no plans to improve these streets.
2. The adjoining properties have adequate street access.
3. These street segments are not needed for area traffic circulation or emergency
access.
4. The properties can be better maintained and used if returned to private ownership.
This vacation is subject to the following:
1. Retention for public utility and drainage purposes the South 30 feet of East 30
feet of Block 15 in the N '/z of Cope Avenue and the East 30 feet of the North
157 feet of Block 10, in the W '/z of Duluth Street, all in Clifton Addition.
10. Preliminary Plat Time Extension-Woodlynn Heights No. 7 (Woodlynn Avenue)]
Approved aone-year time-extension for the Woodlynn Heights Townhomes Number
Seven preliminary plat. This plat shall be subject to the February 14, 2000 conditions of
approval.
11. Conditional Use Permit Review-Carriage Homes of Maple Hills (Parkway Drive and
Maple Hills Drive)
Reviewed the conditional use permit for the planned unit development for the Carriage
Homes of Maple Hills again in one year or sooner if the owner proposes a major change
to the site.
12. Commercial Fertilizer Application License Fee
Set the commercial fertilizer application fee at $112.00 for the year 2003.
13. Purchase of Single-Axle Plow Truck
Authorized to enter into a contract with Boyer Ford under State Contract #430055 for the
purchase of a 2003 Sterling L-8500 truck chassis for $56,700.83 and dispose of a 1991
Ford truck at state auction.
14. Joy Road Signal Improvements @ TH120: Approve Resolution Authorizing Transfer of
Right of Way to MnDOT
Approved the following resolution authorizing the transfer of property from Maplewood
to MnDOT for the signal system at Joy Road and TH 120:
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RESOLUTION NO. 03-02-014
RESOLUTION APPROVING TRANSFER OF PROPERTY FOR SIGNAL SYSTEM AT JOY
ROAD AND TRUNK HIGHWAY 120, PROJECT SP 6227-56, CITY PROJECT 02-O1
WHEREAS, the Commissioner of the Department of Transportation has prepared a Preliminary
Layout No. 2 for the construction of additional turn lanes and a traffic signal at the intersection of Trunk
Highway 120 at Joy Road, called Project SP 6227-56, in the corporate limits of Maplewood, Minnesota,
and
WHEREAS, aresolution of the Maplewood City Council on April 8, 2002, approved said
Preliminary Layout No. 2 and the property to be dedicated to the State of Minnesota, and
WHEREAS, on May 25, 2002 a motion of the Maplewood City Council approved the dedication of
the right of way to the State of Minnesota for the Joy Road/TH 120 Signal System, City Project 02-01.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA THAT:
The property identified for the signal system at Joy Road and TH 120 as shown within Layout
No. 2 is hereby conveyed to the State of Minnesota
15. Budget Transfer-LLEBG Grant
Appropriated $9,910 for Police Department Purchases of needed equipment.
Councilmember Koppen moved to approve the consent agendas 1-2 and 4-15 as presented.
Seconded by Councilmember Collins Ayes-All
Councilmember Juenemann moved to approve the consent agenda item 3 as presented.
Seconded by Councilmember Koppen Ayes-All
H. PUBLIC HEARINGS
1. 7:00 (7:15) p.m. Parkway Drive Lift Station Removal, Project 02-14: Resolution
Ordering Improvement
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
a John Horn, of Kimley, Horn and Associates provided further specifics about the project.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
None
e. Mayor Cardinal closed the public hearing.
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Councilmember Koppen moved to adopt the following resolution ordering the Parkwa,
Station Removal Improvements. Cit,~ Project 02-14:
RESOLUTION 03-02-015
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 27~' day of January 2003, fixed a date
for a council hearing on the proposed Parkway Sanitary Sewer Lift Station Removal Improvement, City
Project 02-14,
AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
given, and the hearing was duly held on February 10, 2003, and the council has heard all persons
desiring to be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the
City of Maplewood make improvements to the Parkway Sanitary Sewer Lift Station Removal, City
Project 02-14,
2. Such improvement is hereby ordered as proposed in the council resolution adopted the 10~'
day of February 2003.
3. The city engineer is designated engineer for this improvement and is hereby directed to
prepare final plans and specifications for the making of said improvement.
4. The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project. A project budget of $608,800 shall be established. The
proposed financing plan is as follows:
Assessments $ 24,280
Maplewood Sanitary Sewer Fund $321,180
City of St. Paul $245,040
SPRWS Obligation $ 18,300
Total $608, 800
Seconded by Councilmember Juenemann
Ayes-All
2. 7:10 (7:27) p.m. Highwood Farms Town Houses (Highwood Avenue)
Land Use Plan Change (R-1 to R-3 (L))
Conditional Use Permit (CUP) for a Planned Unit Development (PUD)
Preliminary Plat
a. City Manager Fursman presented the staff report.
b. Associate Planner Roberts presented specifics from the report.
a Commissioner Fisher presented the Planning Commission Report.
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d. Charles Cox, applicant, was present to answer questions.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
John Maslowski, 1004 Dennis Street South, Maplewood
Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution approving a land use plan
change for the Highwood Farm plat on the south side of Highwood Avenue, east of Dennis
Street. This change is from R-1 (single dwellings) to R-3 (L)(low-densi , multiple dwellings):
RESOLUTION 03-02-016
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, Mr. Charles Cox is proposing a change to the city's land use plan from R-1 (single
dwellings) to R-3(L) (low density multiple dwellings).
WHEREAS, this change applies to the property now known has 2666 Highwood Avenue in Section
13, Township 28, Range 22, Ramsey County, Minnesota.
WHEREAS, the history of this change is as follows:
1. On January 22, 2003, 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 February 10, 2003, the city council discussed the proposed land use plan change. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED thatthe city council approve the above-described change
for the following reasons:
It would be consistent with the goals and objectives of the comprehensive plan. These include
having similar uses fronting on the same street, having a grading plan that preserves many
significant natural features and uses a planned unit development to allow for creative design
solutions.
2. This site is proper for and consistent with the city's policies for low-density multiple dwelling
use. This includes:
a. Creating a transitional land use between the existing low density residential and
the existing telecommunications site.
b. It is on a collector street and is near an arterial street.
c. Minimizing any adverse effects on surrounding properties because there would
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be no traffic from this development on existing residential streets.
3. It would be consistent with the proposed planned unit development (PUD) and land
uses.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Koppen moved to adopt the following resolution approving a conditional
use permit for a planned unit development for the Highwood Farm development on the
south side of Highwood Avenue, east of Dennis Street.
RESOLUTION 03-02-017
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Mr. Charles Cox, representing the project developers, applied for a conditional
use permit (CUP) for the Highwood Farm residential planned unit development (PUD).
WHEREAS, this permit applies to the Highwood Farm town house development plan the city
received on December 26, 2002 for the property at 2666 Highwood Avenue. The legal description
is:
Subject to State TH 100/117 and HWY 393, the north 1100 feet of the West 173 feet of the
East 198 feet of the West'/z of the NE'/a of the SE'/a of Section 13, Township 28, Range 22,
Ramsey County, Minnesota (This is the property to be known as Lots 1-19 of the proposed
Highwood Farm)
WHEREAS, the history of this conditional use permit is as follows:
1. On January 22, 2003, the planning commission recommended that the city council
approve this permit.
2. On February 10, 2003, 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.
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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. All construction shall follow the plans approved by the city. The city council may
approve major changes to the plans. The Director of Community Development may
approve minor changes to the plans. Such changes shall include:
a. Revising the grading and site plans to show:
(1) The developer minimizing the loss or removal of natural vegetation.
(2) All driveways at least 20 feet wide. If the developer wants to have parking on
one side of the main drive, then it must be at least 28 feet wide. However,
widening of the driveway must not lessen the side setback of the driveway
from the east property line.
(3) All parking stalls with a width of at least 9.5 feet and a length of at least 18
feet. Revise the plans to reduce the number of spaces between the buildings
from three to two to allow more space between the parking area and the edge
of the building. Also, revise the parking spaces and the turn-around area at the
south end of the site to maximize the number of trees to be saved, to maximize
the number of spaces and to minimize the amount of hard surface area.
(4) Revised storm water pond locations and designs as suggested or required by
the watershed district or city engineer. The ponds shall meet the city's design
standards.
(5) The developer minimizing the loss or removal of natural vegetation including
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keeping and protecting as many of the large trees in the undisturbed area south of
the town houses and parking areas.
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
meet all the conditions and changes noted in the engineer's memo dated January 14, 2003.
a. Include grading, utility, drainage, erosion control, streets, trails, sidewalks, tree,
retaining walls, driveway and parking lot plans.
b. Show no grading or ground disturbance in the conservation easement. This land is to
be preserved for open space purposes. The developer and contractors shall protect this
area, including the large trees that are in and near the south side of the site, from
encroachment from equipment, grading or filling.
a Include a storm water management plan for the proposal.
4. The design of all ponds shall meet Maplewood's design standards and shall be subject to
the approval of the city engineer. If needed, the developer shall be responsible for getting
any off-site pond and drainage easements.
5. The developer or contractor shall:
a. Complete all grading for the site drainage and the ponds, complete all public
improvements and meet all city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Remove any debris or junk from the site, including the conservation area.
d. Provide the city with verification that the town houses on the proposed site plan
will meet the state's noise standards. This shall be with a study, testing or other
documentation. If the noise on this site is a factor, then the contractor will have to
build the town houses such that they can meet the noise standards. This maybe
done with thicker walls, heavier windows, requiring air conditioning or other
sound-deadening construction methods. The developer shall provide the city with
this documentation before the city will issue a building permit for the town houses.
6. The approved setbacks for the principal structures in the Highwood Farm PUD shall be:
a. Front-yard setback (from a public street or a private driveway): minimum - 30 feet,
maximum - 35 feet
b. Rear-yard setback: 30 feet from any adjacent residential property line
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c. Side-yard setback (town houses): minimum - 47 feet from the west property line and
50 feet from the east property line.
7. The developer or builder will pay the city Park Access Charges (PAC fees) for each
housing unit at the time of the building permit for each housing unit.
8. Submit the homeowners association documents to city staff for review and approval.
9. The developer shall provide a permanent means to preserve and maintain the common
open space. This maybe done by conservation easement, deed restrictions, covenants or
public dedication. The developer shall record this document with the final plat and
before the city issues a permit for grading or utility construction
10. The city council shall review this permit in one year.
11. This approval does not include the design approval for the townhomes. The project
design plans, including architectural, site, lighting, tree and landscaping plans, shall be
subject to review and approval of the community design review board (CDRB). The
projects shall be subject to the following conditions:
a. Meeting all conditions and changes as required by the city council.
b. For the driveways:
(1) Minimum width - 20 feet.
(2) Maximum width - 28 feet.
(3) All driveways less than 28 feet in width shall be posted for "No Parking" on
both sides. Driveways at least 28 feet wide may have parking on one side and
shall be posted for No Parking on one side.
c. Showing all changes required by the city as part of the conditional use permit for the
planned unit development (PUD).
12. The city shall not issue any building permits for construction on an outlot (per city code
requirements). The developer must record a final plat to create buildable lots in the
preliminary plat before the city will issue a building permit.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Koppen moved to approve a preliminary~lat to create the lots for the town
houses. The developer shall complete the following before the city council approves the final
plat:
1. Sign an agreement with the city that guarantees that the developer or contractor will:
City Counci102-10-03 11
a. Complete all grading for overall site drainage, complete all public improvements and
meet all city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Have Xcel Energy install Group V rate street lights in two locations -primarily at the
street intersection and near the south end of the driveway. The exact style and location
shall be subject to the city engineer's approval.
d. Pay the city for the cost oftraffic-control, street identification and no parking signs.
e. Provide all required and necessary easements, including any off-site easements.
£ Demolish or remove the existing house and garage from the site, and remove all other
buildings, fencing, trailers, scrap metal, debris and junkfromthe site.
g. Cap and seal all wells on site that the owners are not using; remove septic systems or
drainfields, subject to Minnesota rules and guidelines.
h. Complete all the curb and gutter on Highwood Avenue on the north side of the site.
This is to replace the existing driveways on Highwood Avenue and shall include the
restoration and sodding of the boulevards.
i. Install a sign where the new driveway intersects Highwood Avenue indicating that it is
a private driveway.
Install survey monuments and signs along the edges of the conservation easement area.
These signs shall explain that the area beyond the signs is a conservation easement
area and that there shall be no building, fences, mowing, cutting, filling, dumping or
other ground disturbance in that area The developer or contractor shall install these
signs before the city issues building permits in this plat.
2. Have the city engineer approve final construction and engineering plans. The applicant
shall have these plans revised to follow the comments of the city engineer and shall
include the 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 show:
(1) The proposed building pad elevation and contour information for each
building site. The lot lines on this plan shall follow the approved preliminary
plat.
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(2) Contour information for all the land that the construction will disturb.
(3) Building pads that reduce the grading on sites where the developer can save
large trees.
(4) The proposed street and driveway grades as allowed by the city engineer.
(5) All proposed slopes on the construction plans. The city engineer shall approve
the plans, specifications and management practices for any slopes steeper than
3:1. On slopes steeper than 3:1, the developer shall prepare and implement a
stabilization and planting plan. At a minimum, the slopes shall be protected with
wood-fiber blanket, be seeded with a no-maintenance vegetation and be
stabilized before the city approves the final plat.
(6) All retaining walls on the plans. Any retaining walls taller than four feet
require a building permit from the city. The developer shall install a protective rail or
fence on top of any retaining wall that is taller than four feet.
(7) Sedimentation basins or ponds as required by the watershed board or by the city
engineer.
(8) No grading beyond the plat boundary without temporary grading easements
from the affected property owner(s).
(9) As little grading as possible west and south of the town houses. This is to keep
as many of the existing trees on the site as is reasonably possible.
a The street, driveway and utility plans shall show:
(1) The driveway shall be anine-ton design with a maximum grade of eight percent
and the maximum grade within 75 feet of the intersection at two percent.
(2) The street (driveway) with continuous concrete curb and gutter, except where the
city engineer determines that curbing is not necessary for drainage purposes.
(3) The removal of the unused driveways and the completion of the curb and gutter on
the south side of Highwood Avenue and the restoration and sodding of the
boulevards.
(4) The coordination of the water main alignments and sizing with the standards and
requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow
requirements and hydrant locations shall be verified with the Maplewood Fire
Department.
(5) 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.
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(6) The plan and profiles of the proposed utilities.
(7) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor
shall protect the outlets to prevent erosion.
d. The drainage plan shall ensure that there is no increase in the rate of storm water run-
offleaving the site above the current (predevelopment) levels. The developer's
engineer shall:
(1) Verify inlet and pipe capacities.
(2) Submit drainage design calculations.
e.* The tree plan shall:
(1) Be approved, along with the landscaping, by the Community Design Review
Board (CDRB) before site grading or final plat approval.
(2) Show where the developer will remove, save or replace large trees. This plan
shall include an inventory of all existing large trees on the site.
(3) Show the size, species and location of the replacement and screening trees.
The deciduous trees shall be at least two and one half (2 '/z) inches in diameter
and shall be a mix of red and white oaks, ash, lindens, sugar maples or other
native species. The coniferous trees shall be at least eight (8) feet tall and shall be
a mix of Black Hills Spruce, Austrian pine and other species.
(4) Show no tree removal in the buffer zones, conservation easement, or beyond
the approved grading and tree limits.
(5) Include for city staff a detailed tree planting plan and material list.
(6) Group the new trees together. These planting areas shall be:
(a) near the ponding areas
(b) on the slopes
(c) along the west side of the site to screen the proposed buildings from the homes to
the west
(7) Show the planting of at least 37 trees after the site grading is done.
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.
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a Label the common areas as an outlot or as outlots.
d. If allowed, show the conservation easement on the final plat.
e. Show the building pads and the common area as a Common Interest
Community (CIC).
4. Pay for costs related to the engineering departments review of the construction plans.
5. Secure and provide all required easements for the development including any off-site
drainage and utility easements. These shall include, but not be limited to, an easement for the
culvert draining the pond at the northwest corner of the plat.
6. The developer shall complete all 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.
7. Sign a developer's 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. Provide for the repair of Highwood Avenue (street, curb and gutter and boulevard) after
the developer connects to the public utilities and builds the private driveway.
8. 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.
c. A covenant or deed restriction that prohibits any additional driveways (besides the one
new driveway shown on the project plans) from going onto Highwood Avenue.
d. The conservation easement for the undisturbed area of the site.
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The applicant shall submit the language for these dedications and restrictions to the city for
approval before recording. The city will not issue a building permit until after the developer
has recorded the final plat and these documents and covenants.
9* Submit the homeowners association bylaws and rules to the director of community
development. These are to assure that there will be one responsible party for the
maintenance of the common areas, outlots, private utilities, driveways, retaining walls and
structures.
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 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.
*The developer must complete these conditions before the city issues a grading permit or
approves the final plat.
Seconded by Councilmember Collins Ayes-All
I. AWARD OF BIDS
None
J. UNFINISHED BUSINESS
1. Sign Setback Variance-Markham Pond Office Building (1570 Beam Avenue)
a. City Manager Fursman presented the staff report.
b. Assistant City Manger Coleman presented specifics from the report.
c. Bob Tillges, the applicant was present to answer questions.
Councilmember Koppen moved to approve Mr. Tillges' request fora 10-foot sign setback
variance with conditions as outlined in the attached resolution:
VARIANCE RESOLUTION 03-02-020
WHEREAS, Robert Tillges applied for a variance from the sign ordinance.
WHEREAS, this variance applies to 1570 Beam Avenue. The legal description is:
The Northwest Quarter of the Northwest Quarter of the Southeast Quarter of Section 3,
Township 29, Range 22, Ramsey County, Minnesota.
Except the South 75.00 feet of the West 83.20 feet thereof,
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And except that part of the North 492.00 feet of said Northwest Quarter of the Northwest Quarter
of the Southeast Quarter lying Easterly of the West 395.00 feet thereof;
And except that part of the North 492.00 feet of the West 395.00 feet of said Northwest Quarter
of the Northwest Quarter of the Southeast Quarter lying Northerly, Northeasterly, and
Southeasterly of the following described line:
Commencing at the Northwest corner of said Northwest Quarter of the Southeast Quarter of
Section 3, thence South 00 degrees 28 minutes 21 seconds East, assumed bearing, along the
West line of said Northwest Quarter of the Southeast Quarter a distance of 239.62 feet to the
point of beginning of the line to be described; thence South 80 degrees O1 minutes 09 seconds
East 52.95 feet; thence South 84 degrees 16 minutes 09 seconds East a distance of 111.00 feet;
thence Easterly a distance of 39.02 feet along a tangential curve concave to the Southwest having
a radius of 72.12 feet and a central angle of 31 degrees 00 minutes 00 seconds; thence south 53
degrees 16 minutes 09 seconds East tangent to said curve a distance of 90.00 feet; thence
Southeasterly and Southerly a distance of 44.92 feet along a tangential curve concave to the
Southwest having a radius of 51.47 feet and a central angle of 50 degrees 00 minutes 00 seconds;
thence South 03 degrees 16 minutes 09 seconds East tangent to said curve a distance of 37.89
feet thence South 31 degrees 46 minutes 00 seconds West a distance of 107.76 feet to the South
line of the North 492.00 feet of said Northwest Quarter of the Southeast Quarter and said line
there terminating.
WHEREAS, Section 36-272(a) of the city's sign ordinance requires a 10-foot setback from aright-
of-way for all freestanding signs.
WHEREAS, the applicant proposed a freestanding sign with no setback to the Beam Avenue right-
of-way.
WHEREAS, the city council approved a 10-foot sign setback variance in order to allow the applicant
to construct the freestanding sign up to the Beam Avenue right-of--way, with no setback.
The history of this variance is as follows:
On January 14, 2003, the community design review board recommended that the city council
deny this variance.
2. The city council held a public hearing on January 27, 2003. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners as required by law.
The council gave everyone at the hearing an opportunity to speak and present written statements.
The council also considered reports and recommendations from the city staff and planning
commission.
The city council tabled the variance request until February 10, 2003, in order to allow
the applicant and city staff additional time to revise the sign to ensure there were no traffic
visibility issues.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
variance for the following reasons:
• Strict enforcement of the code would cause undue hardship because of circumstances unique to
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the property and not created by the property owner. The existing sign easement is located along
the Beam Avenue right-of--way, limiting the location for a freestanding sign.
Construction of the proposed freestanding sign up to the Beam Avenue right-of--way will be
consistent with existing freestanding signs along Beam Avenue. All of the existing surrounding
freestanding signs were constructed up to the Beam Avenue right-of--way, prior to the city's
requirement fora 10-foot setback.
Approval is subject to the applicant doing the following:
1. Any relocation of the approved Beam Avenue freestanding sign in the future as a result of
additional right-of--way needs on Beam Avenue will be at the owner's expense.
2. The applicant must supply the city with a certified land survey showing that the proposed Beam
Avenue sign will be located at least two feet from the existing bike trail. In the event that the
land survey depicts the 14-foot, 8-inch wide sign closer to the bike trail than two feet, a
reduction in the width of the sign (at least at the base) will have to be accomplished to achieve
the requiredtwo-foot setback from the bike trail.
Seconded by Councilmember Collins Ayes-All
K. NEW BUSINESS
1. Tax Abatement Financing Request
a. City Manager Fursman presented the staff report.
b. Finance Director Faust presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution to determine the feasibility of
tax abatement financing for the Legacy Project:
RESOLUTION NO. 03-02-018
AUTHORIZING CITY OF MAPLEWOOD TO DETERMINE THE FEASIBILITY OF TAX
ABATEMENT FINANCING FOR ECONOMIC DEVELOPMENT PROJECT AT THE
LEGACY AT MAPLEWOOD
WHEREAS, the City of Maplewood ("the City") is authorized to grant an abatement of taxes in
connection with a qualified economic development project pursuant to Minnesota Statutes, Section
469.1813, Subd. 1; and
WHEREAS, a proposal has been made to the City by The Hartford Group for economic
assistance in developing a mixed use project of housing, retail, office, commercial, public and open
space uses known as the Legacy at Maplewood (the "Project') located in the City of Maplewood on the
real property legally described on Exhibit A attached hereto, (the "Site'.
WHEREAS, the City intends to determine the feasibility of the use of abatement of taxes based
upon criteria set forth in Minnesota Statues, 469.1813 et seq.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Ramsey County, Minnesota, as follows:
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1. The development of the Project has the potential to benefit the City at least equal to the
costs of the proposed abatement.
2. The proposed abatement is the public interest because it will:
a. increase or preserve tax base;
b. provide employment opportunities in the political subdivision;
c. provide or help acquire or construct public facilities;
d. help provide access to services for residents of the political subdivision;
e. finance or provide public infrastructure; or
phase in a property tax increase on the parcel resulting from an increase of 50 percent or
more in one year on the estimated market value of the parcel, other than increase
attributable to improvement of the parcel.
3. City staff is hereby authorized to take all actions necessary to determine the feasibility of
the use of the proposed abatement of taxes in connection with the Project, including use
of outside consultants for economic, market and engineering analyses.
Seconded by Mayor Cardinal Ayes-All
2. Parks and Recreation Summer Kick Off Event-Approval of Miscellaneous Permit
a. City Manager Fursman presented the staff report.
b. City Clerk Guilfoile presented specifics from the report.
Councilmember Koppen moved to approve the miscellaneous permit for the Parks & Recreation
Department Summer Kick Off Event.
Seconded by Councilmember Juenemann Ayes-All
3. Hazelwood Street Improvements (County Rd. C to County Rd. D), City Project 01-16:
Resolution Authorizing Expanding Scope and Preliminary Report
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution authorizing the improvement
of Hazelwood Street from County Road C to County Road D. Citj Project 01-16 and directing
the preparation of a preliminary report for the project:
RESOLUTION 03-02-019
AMENDING PROJECT SCOPE DIRECTING PREPARATION OF PRELIMINARY REPORT
WHEREAS, pursuant to resolution of the council, a report was authorized to be prepared by the
city engineering division with reference to the improvement of Hazelwood Street (County Road C to St.
John's Boulevard), City Project 01-16, and
WHEREAS, the City Engineer has reported thatthis project should be revised to include
additional improvement area.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The scope of improvement considered by the City Engineer for Hazelwood Street, City
Project 01-16, is hereby amended to add the segment of Hazelwood Street from St. John's Boulevard to
County Road D.
2. That the proposed improvement be referred to the city engineer for study and that he is
instructed to report to the council with all convenient speed advising the council in a preliminary way as
to whether the proposed improvement is necessary, cost effective and feasible and as to whether it
should best be made as proposed or in connection with some other improvement, and the estimated cost
of the improvement as recommended.
3. Funds in the amount of an additional $15,000 are appropriated to prepare this feasibility
report.
Seconded by Councilmember Juenemann Ayes-All
4. Group Home Legislation
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
c. Ruth Trapold, 2477 Brenner Avenue East, Maplewood provided further specifics.
Councilmember Juenemann moved to adopt the following resolution supporting legislation about
the siting of group homes and adult foster care in Maplewood:
RESOLUTION NO. 03-02-019
RESOLUTION SUPPORTING LEGISLATION PERTAINING TO SITING OF GROUP
HOMES AND ADULT FOSTER CARE IN MAPLEWOOD
WHEREAS, the City of Maplewood has been made aware of the increase in percentage of total licensed
beds for Adult Foster Care and Residential Group Homes; and
WHEREAS, the issue of concentration and other management issues of these homes has been addressed
through public forums and discussion with the care providers; and
WHEREAS, the City of Maplewood is developing strategies for on-going improvements with
communication between citizens and Community Residential providers; and
WHEREAS, the City of Maplewood supports the locating of community based group homes in their
neighborhoods but would further support legislation that treats cities of all classes the same and where
minimum distance and concentration issues are addressed.
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NOW, THERFORE BE IT RESOLVED, that the City of Maplewood City Council supports our local
legislators in their development of legislation that would address density and concentration or that
would allow a minimum distance requirement of group homes and other human service facilities when
located in the city.
Strategies/Action Plan
Maplewood Community Meeting
Wednesday January 29, 2003
1. Action Plan
Community Residential Providers:
• Residential providers will distribute a contact sheet to citizens and the City of Maplewood that
lists company contacts and phone numbers.
Ramsey County:
• Develop a list of contacts within Ramsey County and the State of Minnesota. that will be made
available to the City of Maplewood & citizens. Citizens will be able to utilize contacts to
address issues and concerns, not being dealt with by Community Residential Providers. It will
be important that citizens and providers communicate initially when issues arise in
neighborhoods. The county will offer facilitation between citizens and providers if the initial
communication was unsuccessful and further resolution needs to be accomplished.
City of Maplewood:
• The city will share the Ramsey County and provider contact phone list to appropriate city
departments and block watch clubs.
2. Strategies for On-Going Improvement
• Disclosure of business plans.
1. How do providers fund/select home? (Tim Hammond from Ramsey County described the
different funding streams for group homes)
2. Do providers utilize their own realtors? Generally the providers use their own realtor.
However, different providers use different strategies for obtaining homes.
3. How do providers address concentration issue?
Before purchasing a home, providers call the county for a recommendation. A hand out
was distributed at the meeting that outlines this procedure. Maplewood suggests that
Ramsey County inform the providers of the types and numbers ofgroup homes within the
city and that a map be included showing the locarions. We strongly encourage the
County to share this information with the providers and that the providers take careful
consideration when making investments in our neighborhoods. (This language was
adopted by the Maplewood City Council on Feb. 1 Q 2003.)
Focus on Individual:
What level of openness does the resident want with the neighborhood/community? Much
like each one of us, residents of group homes will participate differently within their
neighborhoods/community. The individuals living at each group home will decide upon
the level of participation in neighborhood/community activities.
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• Better Training of Providers by County:
1. How does the county educate providers? (Ramsey County meets with all residential
providers on a quarterly basis, this is an opportunity to discuss issues and offer
recommendations on best practices) Ramsey County will make available records of
training topics if appropriate and requested.
2. Promote the success of organizations that have successfully become part of the
community and neighborhood (Ramsey County holds quarterly provider meetings, this
forum gives the county an opportunity to spotlight providers who are supporting
individuals in creative and effective ways.
3. Training or Certificate Program for Direct Care Workers:
1. This would require legislative appropriations. There are currentlytwo-year
community college programs in this area available in Minnesota.
2. What are the training requirements of employees who work in the homes? The
providers will be asked to develop a fact sheet, detailing this process and make it
available to the City of Maplewood and residents who ask for it.
3. Next Meeting
The community determined these steps will be tried for a few months (6 months) and that a
follow up meeting maybe called if residents, providers, or city and county staffs feel there is a
need to meet.
Seconded by Councilmember Collins Ayes-All
L. VISITOR PRESENTATIONS
1. Hartford Project-George Supan, 3050 Hazelwood Street was present to express his
concerns with the Hartford Project.
M. COUNCIL PRESENTATIONS
1. Sandy Lake Soccer Fields-Mayor Cardinal read a letter from St. Paul Parks and
Recreation Director Bob Biershed regarding Sandy Lake and the proposed soccer
complex.
2. Conference of Mayors Analysis of Presidents Budget-Mayor Cardinal asked the City
Manager to ensure this information is placed on the city's website.
3. Website-Mayor Cardinal asked City Clerk Guilfoile to compile a report tracking the hits
on the website.
4. Launderville Towing-Councilmember Koppen would like the council to review
Launderville's Conditional Use Permit.
5. Town Meeting-Councilmember Juenemann informed residents that legislators from
Maplewood will be having a town meeting Saturday, February 15 from 9:30 a.m. to
11:30 a.m. in the council chambers.
N. ADMINISTRATIVE PRESENTATIONS
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1. Council/Staff Retreat-February 18, 8:00 am. to 4:00 p.m. at St. John's Hospital, 1575
Beam Avenue.
2. Interstate 94 Improvements Letter of Support
Councilmember Collins moved to direct the city engineer to send a letter of support to
Ramsey Count Hi _ way Engineer for the federal fundingproposal for Interstate 94
Improvements between McKnight Road and Century Avenue.
Seconded by Councilmember Juenemann Ayes-All
3. City Manger Fursman asked everyone to keep Jim Elias, a 31-year city employee in their
thoughts and prayers as he recovers from a stroke.
O. ADJOURNMENT
Councilmember Collins moved to adjourn the meeting at 9:15 p.m.
Seconded by Councilmember Juenemann Ayes -All
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