HomeMy WebLinkAbout04-24-1995 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, April 24, 1995
Council Chambers, Municipal Building
Meeting No. 95-08
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 Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Marvin C. Koppen, Councilmember Present
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:.
1. Minutes of Council/Manager Meeting of April 3, 1995
Councilmember Carlson moved to approve the minutes of Council/Manager
Meeting of April 3, 1995 as presented.
Seconded by Mayor Bastian Ayes - all
2. Minutes of Meeting 95-07, (April 10, 1995)
Councilmember Carlson moved to table the minutes of Meeting No. 95-07 (April
10. 1995) to the Mav 8. 1995 meeting.
Seconded by Mayor Bastian Ayes - all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to apgrove the Agenda as amended:.
EA-1 Table for 2 weeks
I-1 Table for 2 weeks
Seconded by Councilmember Carlson Ayes - all
1 4-24-95
EA. APPOINTMENTS/PRESENTATIONS
1. 1995 City Recycling Logo
TABLED FOR 2 WEEKS - TO MAY 8, 1995
2. Concordia Arms - Petition for Stop Sign
a. Manager McGuire presented the staff report.
b. Ceil Starezny presented a petition requesting a'stop'sign be installed
on Lydia Avenue near the Concordia Arms Apartments.
c. Councilmember Rossbach moved to direct staff to investigate alternatives
regarding the request of the residents of Concordia Arms and forward the
information to Ramsey County.
Seconded by Councilmember Carlson Ayes - all
F. CONSENT AGENDA:
Councilmember Carlson moved, seconded by Mayor Bastian: a.yes'= all, to
approve the Consent Agenda. Items F-1. F-3. F-4, and F-5 as recommended.
(Item F-2 to be voted on separately).
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 921,987.89 Checks #4229 - #4312
Dated 4.1-95 thru 4.12-95
$ 97.331.18 Checks #17468 - #17643
Dated 4.24.95
$1:019,319.07 Total Accounts Payable
PAYROLL: $ 260,085.09 Payroll Checks #80322 thru #80600
Dated 4-7-95
$ 50.847.14 Payroll Deduction Checks #80605 thru
#80624 dated 4-7-95
$ 310,932.23 Total Payroll
$1.330.251.30 GRAND TOTAL
2. Amendment of Resolution Designating Depository
Approved the following Resolution amending Resolution 95 - 03 - 32 of March
13, 1995:
95-04-50
RESOLUTION DESIGNATING NORWEST BANK AS DEPOSITORY
BE IT RESOLVED, that Norwest Bank Minnesota, National Association and
each bank now or hereafter affiliated with it, is hereby designated as
depository for demand deposits of the City of Maplewood, and
2 4-24-95
BE IT FURTHER RESOLVED, that an agreement is hereby approved with
Norwest Bank for checking account services based upon the terms in their
proposal, and
BE IT FURTHER RESOLVED, that funds deposited in said bank may be
withdrawn by check when signed by the signature, or by the facsimile
signature, of the Mayor, City Manager and Finance Director, and
BE IT FURTHER RESOLVED, that funds in said bank may be wire transferred
at the request of the Finance Director, Assistant Finance Director, or
Accountant, and
BE IT FURTHER RESOLVED, that deposits in said bank shall not exceed the
amount of F.D.I.C. insurance covering such deposits unless collateral or a
bond is furnished as additional security, and
BE IT FURTHER RESOLVED, that this depository designation shall be
_ effective no later than June 1, 1995 and continue to be effective until a
new depository is designated.
VOTE: Ayes - Mayor Bastian, Councilmembers
Carlson, Koppen
Nays - Councilmembers Allenspach,
Rossbach
3. Preliminary Plat Time Extension (6off's Mapleview Fifth Addition)
Approved a one-year time extension for Goff's Mapleview Fifth Addition
preliminary plat. This time extension shall be subject to the April 26,
1993 conditions for the Mapleview Fourth Addition preliminary plat.
4. Surplus Property Disposal
Declared the following as surplus property and authorizes disposal of the
items at State auction to be held May 20, 1995 at the Oakdale MnDOT
facility:
1. V.E.M. Unit#680, 1989 Chevrolet Caprice, S/N 1G16L5174K184455 - Mileage
96,000
2. V.E.M. Unit#687, 1990 Chevrolet Caprice, S/N 1G16L547XLA156011 - Mileage
96,000
3. V.E.M. Unit#679, 1989 Chevrolet Caprice, S/N 1G1BL5174K1718344 - Mileage
95,000
4. V.E.M. Unit#534, 1981 single axle dump/plow truck with snow plow, snow
wing and sander, S/N 1FDYR80U78VJ22766 (replacement unit is on order)
Mileage 88,494
5. Digital Marquee Sign: Approve Plans and Specifications
Approved plans and specifications for purchase of a digital electronic sign
for the Maplewood Community Center and set a formal bid opening date of May
9, 1995 at 2:00 p.m., with the bid to be awarded on Monday, May 22, 1995.
3 4-24-95
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:15 P.M.) Assessment Nearing - Sterling-Schaller Improvements - Project
93-08
a. Mayor Bastian convened the meeting for a public hearing regarding the
assessment roll for Project 93.08, Sterling Street-Schaller Drive
Utility and Street Improvements.
b. Manager McGuire presented the staff report.
c. City Attorney Kelly explained the procedure for public hearings.
d. Director of Public Works Haider presented the specifics of the report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Dick Doree, 2588 East Linwood (left an appeal)
Joe Jugovich, 857 O'Day Street
Bill Dolan, JVD Development, (thanked the Council and Staff)
Written appeals filed: David Gobran, 2594 Schaller Drive
Douglas Duan, 2603 Schaller Drive
= David Seidenkranz, 2602 Schaller Drive
f. Mayor Bastian closed the public hearing.
g. Councilmember Carlson introduced the followin4 Resolution and moved its
adoption:
95-04-51
ADOPTION OF ASSESSMENT ROLL - PROJECT 93-08
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed on all objections to the proposed
assessment for the construction of Sterling Street-Schaller Drive Utility
and Street Improvements. as described in the files of the city clerk as
Project 93-08, and has amended such proposed assessment as it deems just,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. Such proposed assessment, as amended, a copy of which is
attached hereto and made a part hereof, is hereby accepted and
shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found
to be benefited by the proposed improvement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of 20 years, the first of the
installments to be payable on or after the first Monday in
January, 1996, and shall bear interest at the rate of 7.0
percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this
resolution until December 31, 1995. To each subsequent
installment when due shall be added interest for one year on all
unpaid installments.
4 4-24-95
3. It is hereby declared to be the intention of the Council to
reimburse itself in the future for the portion of the cost of
this improvement paid for from municipal funds by levying
additional assessments, on notice and hearing as provided for
the assessments herein made, upon any properties abutting on the
improvement but not made, upon any properties abutting on the
improvement but not herein assessed for the improvement, when
changed conditions relating to such properties make such
assessment feasible.
4. To the extent that this improvement benefits nonabutting
properties which may be served by the improvement when one or
more later extensions or improvements are made, but which are
not herein assessed, therefore, it is hereby declared to be the
intention of the Council, as authorized by Minnesota Statutes
Section 420.051, to reimburse the City by adding any portion of
the cost so paid to the assessments levied for any of such later
extension or improvements.
5. The Clerk shall forthwith transmit a certified duplicate of this
assessment to the County Auditor to be extended on the property
tax lists of the County, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
Seconded by Councilmember Koppen Ayes - all
ASSESSMENT APPEAL REPORT TO BE ON MAY 8, 1995 COUNCIL AGENDA
2. 7:20 P.M. (7:30 P.M.): 1201 Frank Court (Keogh) - Conditional Use Permit
a. .Mayor Bastian convened the meeting for a public hearing regarding a
request from James Keogh for a permit to add a porch and deck on the
rear of the house, which would be nearer the rear property line than the
code allows.
b. Manager McGuire presented the staff report.
c. Associate Planner Ekstrand presented the specifics of the report.
d. Commissioner Kittridge presented the Planning Commission/Community Design Review
Board report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Jim Keogh, 1201 Frank Court, the applicant
Bob DeYoung, neighbor of the applicant
f. Mayor Bastian closed the public hearing.
g. Councilmember Koppen introduced the followin4 Resolution and moved its
adoption:
5 4-24-95
95-04-52
CONDITIONAL USE PERMIT - 1201 FRANK COURT
WHEREAS, James Keogh is requesting that Maplewood approve a conditional
use permit to put an addition on the rear of his house at 1201 Frank Court. "
WHEREAS, this permit applies to the property at 1201 Frank Court. The
legal description is:
Lot 11, Block 1, Kohlman Lake Overlook (PIN 4-29-22-13-0016)
WHEREAS, the history of this conditional use permit is as follows:
1. On April 3, 1995, the Planning Commission recommended that the
City Council approve this permit.
2. On April 24, 1995, the City Council held a public hearing. The
City staff published a notice in the paper and sent notices to
the surrounding property owners. The Council gave everyone at
the hearing a chance to speak and present written statements.
The Council also considered reports and recommendations of the
City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described conditional use permit based on the building and site plans. The
City approves this permit because:
1. The use would be located, designed, maintained, constructed and
operated to be in conformity with the City's Comprehensive Plan
and Code of Ordinances.
2. The use would not change the existing or planned character of
the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials,
equipment or methods of operation that would be dangerous,
hazardous, detrimental, disturbing or cause a nuisance to any
person or property, because of excessive noise, glare, smoke,
dust, odor, fumes, water or air pollution, "drainage, water 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.
6 4-24-95
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans dated January 23, 1995
as approved by the City. The Director of Community Development
may approve minor changes.
2. The proposed construction must be started within one year after
Council approval or the permit shall end. The Council may extend
this deadline for one year.
3. The City Council shall review this permit only if a problem
- develops.
Seconded by Councilmember Carlson Ayes - all
H. AWARD OF BIDS
1. Flusher Truck
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
95-04-53
AWARD OF BID - STREET FLUSHER
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Ruffridge-Johnson Equipment Company in the amount of $83,400.00 is the
lowest responsible bid for the Street Flusher and the Mayor and Clerk are
hereby authorized and directed to enter into a contract with said bidder for
and on behalf of the City.
Seconded by Councilmember Koppen Ayes = all
2. TH61 Frontage Roads - Project 93-02
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Allenspach introduced the followin4 Resolution and moved
its adoption:
7 4-24-95
95-04-54
AWARD OF BID - PROJECT 93-02
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of T. A. Schifsky and Sons, Inc. in the amount of $459,662.43 is the lowest
responsible bid for the construction of TH61 Frontage Roads Improvements,
City Project 93-02, and the Mayor and Clerk are hereby authorized and
directed to enter into a contract with said bidder for and on behalf of the
City.
The Finance Director is hereby authorized to make the financial
transfers necessary to implement the financing plan for the project.
Seconded by Councilmember Koppen Ayes - all
I. UNFINISHED BUSINESS
1. Appeal of Staff Denial of Site Plan (Johnson) - Beam Avenue
TABLED TO MAY 8 AT REQUEST OF APPLICANT
2. Wetland and Stream Protection Ordinance (2nd Reading)
a. Manager McGuire presented the staff report.
b. Associate Planner Ekstrand presented the specifics of the report.
c. Councilmember Rossbach introduced the followin4 Ordinance and .moved its
adoption:
- ORDINANCE N0. 734
AN ORDINANCE ABOUT WETLAND AND STREAM PROTECTION
THE MAPLEWOOD CITY COUNCIL APPROVES THE FOLLOWING CHANGES TO THE MAPLEWOOD CODE OF
ORDINANCES:
SECTION 1. This section changes the organization of Section 9-193 by renumbering and
relettering as follows:
1. Delete the first sentence and subheading as follows:
A.+.. +n ~'1 ;f;n~n+ ..~+.,..e7 fc.e+~~nc. m..-+ mnn+ +L.., f.,'11....,;
2. Reletter and renumber Subsections a.-e. according to the system used in the Code.
3. Change Subsection "(2) Slopes" as follows and reletter and renumber Subsections
a.-f. according to the system used in the Code:
Sec. 9-194. Slopes. "`T
8 4-24-95
4. Change Subsection "(3) Erosion control and soils" as follows and reletter and
renumber Subsections a.-e. according to the system used in the Code:
Sec. 9-195. Erosion control and soils.
5. Change Subsection "(5) Trees" as follows and reletter and renumber Subsections
a.-f. according to the system used in the Code:
- Sec. 9-197. Trees. '~`~,-~,~-ees-
SECTION 2. This section. replaces Subsection 9-193(4) with the following:
Sec. 9-196. Wetlands and streams.
(a) Findings and purposes.
(1) Wetlands serve a variety of beneficial functions.. Wetlands maintain
water quality, reduce flooding and erosion, provide food and habitat for
wildlife, provide open space and are an integral part of the City's
environment. Wetlands are an important physical, educational,
ecological, aesthetic, recreational and economic asset to the City. They
are critical to the City's health, safety, and general welfare.
Surrounding development may degrade, pollute, accelerate the aging of or
eliminate wetlands. Regulating land use around wetlands is therefore in
the public interest.
(2) Streams are also significant elements of the City's hydrologic system.
Streams flow into wetlands and lakes, provide food and habitat for
wildlife, provide open space, and are an integral part of the City's
environment. Like wetlands, streams are an important physical,
educational, ecological, aesthetic, recreational and economic asset.
Surrounding development may degrade, pollute or damage streams, and in
turn, degrade other surface waters downstream. .Requiring buffers
recognizes that the surrounding uplands relate to the woodland and
stream quality and function and, therefore, are in the public interest.
(3) Buffers are the lands that surround wetlands and streams. They are
integral to maintaining the valuable functions many wetlands perform.
Buffers reduce the impacts of surrounding land use on wetlands and
streams by stabilizing soil to prevent erosion by stormwater; filtering
suspended solids, nutrients and harmful substances; and moderating water
level fluctuations during storms. Buffers also provide essential
wildlife habitat. Finally, buffers reduce the adverse impacts of human
activities on wetlands and streams. Requiring wetland buffers recognizes
that the surrounding uplands relate to the wetland and stream's quality
and function and, therefore, are in the public interest.
(4) The purposes of this ordinance are as follows:
a. To preserve the beneficial functions of wetlands and streams by
regulating the surrounding land use.
b. To stabilize the soil around wetlands to prevent storm water
erosion.
c. To filter suspended solids, nutrients and harmful substances
from reaching wetlands, streams and public waters.
9 4-24-95
- d. To reduce human disturbances of wetlands and streams by visually
separating wetlands from yards.
e. To prevent flooding and the costs of reclaiming water quality.
f. To protect beneficial plant and wildlife habitat.
g. To educate the public, including appraisers, owners, potential
buyers or developers, to the development limitations of
wetlands, streams and associated buffers.
(b) Definitions. The following words shall have the following meanings:
Alteration: Any human action that adversely affects a buffer. Alterations
_ include, but are not limited to the following: grading, filling, dumping,
dredging, draining, cutting, pruning, topping, clearing, relocating or
removing vegetation, applying herbicides or pesticides or any hazardous or
toxic substance, discharging pollutants except stormwater, paving,
construction, application of gravel or any other human activity that
_ adversely effects the vegetation, hydrology, wildlife or wildlife habitat.
Alteration does not include the following:
1. Walking, passive recreation, fishing or other similar activities
2. Planting that enhances native vegetation
3. The selective clearing or pruning of trees or vegetation that are dead,
diseased, noxious weeds or hazards
Average buffer width: The average width of a buffer within a single
development, lot or phase.
Buffer: A stream or wetland buffer or protective zone.
Clearing: The cutting or removal of vegetation.
Enhancement: An action that increases the functions and values of a wetland,
stream or wetland buffer.
Mitigation: An action that reduces, rectifies, eliminates or compensates for
the alteration of a buffer, wetland or stream.
Native vegetation: Tree, shrub, grass or other plant species that are
indigenous to the Twin Cities metropolitan area that could have been
expected to naturally occur on the site. Native vegetation does not include
noxious weeds.
Ordinary high water mark (OHWM): A mark delineating the highest water level
maintained for enough time to leave evidence upon the landscape. The
ordinary high water mark is commonly that point where the natural vegetation
changes from predominantly aquatic to predominantly terrestrial.
Restoration: Returning a wetland, stream or buffer to a condition that is
similar to that before development of the surrounding area.
10 4-24-95
Stream: Those areas where surface waters produce a defined channel or bed.
' A defined channel or bed is land that clearly contains the constant passage
of water under normal summer conditions. This definition shall not include
drainage swales or ditches that channel intermittent stormwater runoff.
Stream buffer: Land that is indirect drainage to a stream and within the
boundary described by this ordinance. A person shall measure all buffers
from the ordinary high water mark (OHWM) as identified in the field. If a
person cannot determine the OHWM, the stream buffer shall be from the top of
the stream bank.
Variance: A deviation from the standards of this chapter that are not
specifically allowed.
Vegetation: Any organic plant life growing at, below or above the soil
surface.
Wetland buffer: Land that is in direct drainage to a wetland within the
boundary described by this ordinance. All buffers shall be measured outward
from the wetland edge.
Wetland classes: The City defines the wetland classes used in this section
as follows:
(1) Class 1 wetlands: Wetlands assigned the Unique/Outstanding rating in the
Ramsey-Washington Metro Watershed District Wetlands Inventory, 1995.
Class 1 wetlands are those with conditions and functions most
susceptible to human impacts, are most unique, have the highest
community resource significance and similar characteristics.
(2) Class 2 wetlands: high value (definition based on Watershed wetlands
inventory results)
- (3) Class 3 wetlands: wildlife habitat value
(4) Class 4 wetlands: moderate value impacts
(5) Class 5 wetlands: wetlands assigned the highly impacted rating in the
Ramsey-Washington Metro Watershed District Wetlands Inventory, 1995.
Class 5 wetlands are those with conditions and functions .most affected
by human activities, with the least diverse vegetation communities,
least community resource significance and similar characteristics.
For the purposes of this section, the U.S. Fish and Wildlife Service's
Classification of Wetlands and Deepwater Habitats of the United States.
FWS/OBS-79/31 (Cowardin et al, 1979) contains the descriptions and
photographs of wetland classes and subclasses.
Wetland easement: A designated area that includes the wetland or buffer
where disturbance from mowing, cutting or similar activities is excluded.
11 4-24-95
Wetland edge: The line delineating the outer edge of a wetland. One shall
establish this line by using the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands dated January 10, 1989, and jointly
published by the U.S. Environmental Protection Agency, the U.S. Fish and
Wildlife Service, the U.S. Army Corps of Engineers and the U.S. Soil
Conservation Service. The applicable watershed board must verify this line.
Wetland functions: The natural processes performed by wetlands, such as
helping food chain production, providing wildlife habitat, maintaining the
availability and quality of water such as purifying water, acting as a
recharge and discharge areas for groundwater aquifers and moderating surface
water and storm water flows and performing other functions including, but
not limited to those set out in U.S. Army Corps of Engineers regulations at
33 C.F.R. Section 320.4(b)(2)(1988).
Wetlands: Those areas of the City inundated or saturated by ground or
surface water at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs and similar areas. (Army Corps of Engineers Regulation
33 CFR 328.3) (1988). Where a person has removed or mostly changed the
vegetation, one shall determine a wetland by the presence or evidence of
hydric or organic soil, and other documentation of the previous existence of
wetland vegetation such as aerial photographs.
(c) Applicability.
(1) This section shall apply to any person or use that would alter
a wetland, stream or wetland buffer after April 24, 1995 (date
of ordinance).
(2) When any provision of any ordinance conflicts with this section,
the provision that provides more protection for buffers,
wetlands or streams shall apply unless specifically provided
otherwise in this section.
i
(3) Public and semipublic streets, utilities or trails, whether
built by a public agency or private developer, shall be subject
to this section. j
(d) General exemptions.
(1) This section shall not apply to the following:
a. Structures, vegetation and maintenance activities and
practices in existence on the date this ordinance
becomes effective. A contractor or owner may remodel,
reconstruct or replace affected structures if the new
_ construction does not take up more buffer land than the
structure used before the remodeling, reconstruction or
replacement.
b. The construction or maintenance of public drainage
facilities, sedimentation ponds or erosion control
facilities.
c. The maintenance of public or semipublic facilities
including streets, utilities and trails.
12 4-24-95
d. Where the City Council waives these requirements for the
construction of public and semipublic utilities or
trails, whether built by a public agency or private
developer. The City Council may waive the requirements
where there would be a greater public need for the
project than to meet the requirement of this section. In
waiving these requirements, the City Council shall
follow the standards in Section 9.196(e). The City
Council shall hold a public hearing before declaring
such a waiver. The City shall notify the property owners
within 350 feet of the buffer at least ten days before
the hearing.
- e. _ Where this ordinance would deny all reasonable use of a
lot of record. In such case, the owner br contractor
shall construct any building to maximize the setback.
from a buffer. federal, State or Watershed District
rules and regulations shall apply. Alterations to a
buffer shall be the minimum necessary to allow for the
- reasonable use of the property. Where feasible, the City
may require the mitigation of any alteration of a
buffer.
f. Where the watershed district has approved a wetland
filling permit. The City shall require mitigation for
_ any disturbed buffer land.
(e) Standards for utility and trail exemptions.
(1) The City may only allow the construction of utilities through
buffers where there is no other practical alternative and the
following requirements are met:
a. Utility corridors shall not be allowed when a buffer is
used by species listed as endangered or threatened by
the federal. or state government.
b. Utility corridors, including any allowed maintenance
roads, shall be as far from the wetland or stream as
possible.
c. Utility corridorv construction and maintenance shall
protect the wetland, stream or buffer and avoid large
trees as much as possible. The City shall not allow the
use of pesticides, herbicides or other hazarddus or
toxic substances in buffers, streams or wetlands.
d. The owner or contractor shall replant utility corridors
with appropriate native vegetation, except trees, at
preconstruction densities or greater after construction
ends.
e. Any additional corridor access for maintenance shall be
provided as much as possible at specific points rather
than by parallel roads. If parallel roads are necessary
they shall be no greater than fifteen feet wide.
13 4-24-95
(2) The City may allow public or private trails in buffers, subject
to the following guidelines:
a. The trail shall not be of impervious materials. (An
elevated boardwalk shall not be considered an impervious
surface.)
b. Buffers shall be expanded, where possible, equal to the
width of the trail corridor.
c. The owner or contractor shall replant all disturbed
areas next to the trail after completing the trail.
(f) Variances
(1) The City Council may approve variances to the requirements in
this section. Before the City Council acts on a variance, the
Planning Commission shall make a recommendation to the City
Council. The City Council shall hold a public hearing before
approving a variance. The City staff shall notify the property
owners within 350 feet of the buffer at least ten days before
the hearing. The City may require the applicant to mitigate any
buffer alteration.
(2) To approve a variance, the Council must make the following
findings:
a. Strict enforcement would cause undue hardship because of
circumstances unique to the property under
consideration.
b. The variance would be in keeping with the spirit and
intent of the ordinance.
"Undue hardship" as used in granting a variance
means the owner of the property in question cannot
put it to a reasonable use if used under conditions
allowed by the official controls. The plight of the
landowner is due to circumstances unique to his
property, not created by the landowner, and the
variance, if granted, will not alter the essential
character of the locality. Economic considerations
alone are not an undue hardship if reasonable use
for the property exists under the terms of the
ordinance.
(g) Wetland or stream easement required. The property owner of any property
affected by this ordinance shall record wetland or stream easements with
Ramsey County. The easements shall cover .any wetlands, streams or
wetland buffers. These easements shall describe the boundaries of the
buffer and prohibit any building, mowing, cutting, filling or dumping
within the buffer, stream or wetland. The owner or developer shall
record such easements with a final plat, with deeds from a lot division
or before the City issues a building permit for an effected property.
The applicant shall submit proof that the owner or developer has filed
the notice..
14 4-24-95
(h) Buffer standards.
_ (1) An affected property owner shall maintain a buffer. Any planting
in a buffer shall be from native vegetation.
(2) The City prohibits the alteration of buffers: The City may
waive this requirement where the watershed district has approved
a permit for filling all or part of a wetland.
(3) The following are the minimum required buffer widths^ and
building foundation setbacks:
Wetland Classes Class 1 Class 2 Class 3 Class 4 Class 5
& Streams
Average
buffer width 100 ft. 100 ft. 50 ft. 25 ft. 0 ft.
Minimum buffer
width 100 ft. 50 ft. 25 ft. 20 ft. 0 ft.
Building foundation 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.*
setback from outer
edge of buffer
ee t e e im b ons o uffer, wetland buffer and stream buffer.
*Setback measured from a wetland or stream boundary.
(4) The minimum buffer widths shall apply to all wetlands, including
those created, restored, relocated, replaced or enhanced.
(5) The City may require a variable buffer width to protect adjacent
habitat that the City determines is valuable to the wetland,
stream, wildlife or vegetation.
(i) Fencing and signs.
(1) Before grading or construction, the owner or contractor shall
place snow fencing and erosion control fencing around the
borders of buffers. Such fencing must remain in place until the
owner and contractors have finished all development activities
that may affect the buffer.
(2) Before starting construction, the boundary between a buffer and
adjacent land shall be identified using permanent signs. These
signs shall mark the edge of the buffer and shall state there
shall be no mowing, cutting, filling or dumping beyond this
point.
(3) When platting or subdividing property, the plat or subdivision
must show the wetland boundaries as approved by the Watershed
District.
(j) Mitigation and restoration of buffers. The City requires mitigation when
a property owner or contractor has, or will alter a buffer. The property
owner or contractor shall submit a mitigation plan to the City staff for
their approval. In reviewing the plan, the City may require the
following actions in descending order of preference:
15 4-24-95
(1) Reducing or avoiding the impact by limiting the degree or amount
of the action, such as by using appropriate technology.
(2) Rectifying the impact by repairing, rehabilitating or restoring
the woodland buffer.
(3) Reducing or eliminating the impact over time by prevention and
maintenance operations during the life of the actions.
(4) Compensating for the impact by replacing, enhancing or providing
substitute buffer land at up to a one to one ratio.
(5) Monitoring the impact and taking appropriate corrective
measures.
Where the City requires restoration or replacement, the owner or contractor
shall replant the buffer with native vegetation at a similar density to the
amount before alteration.
Section 3. This ordinance shall take effect after the City Council approves it and
the official newspaper publishes it and it shall end on May 1, 1996.
Seconded by Councilmember Carlson Ayes - all
3. Purchase of Open Space - Site #108
a. Manager McGuire presented the staff report..
b. Assistant City Manager Maglich presented the specifics of the report.
c. Councilmember Allenspach moved to approve the acquisition of Site #108
with the condition that if there are any easements. other than the
County Ditch, found on the property. the report will be brou4ht back to
the Council: and to authorize staff to~rovide a letter of condemnation
to the Seller as part of the purchase.
Seconded by Councilmember Koppen Ayes - all
4. Carver Elementary School Gymnasium Addition
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the
report.
c. No action taken.
J. NEW BUSINESS
1. Keller Parkway
a. Manager McGuire presented the staff report.
16 4-24-95
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
Tim Mayasich, Senior Planner, Ramsey County.
Dan Schacht, Maintenance Supervisor, Ramsey County
Bill Knutson, 2424 Keller Parkway
Bud Philbrook, 2634 Keller Parkway
Steve Laumer, 2764 Keller Parkway
Dave Taklo, 2770 Keller Parkway
Kathy Benker, 2786 Keller Parkway (presented a petition)
John Filipovich, 2480 Keller Parkway
Jeanne Ewald, Maplewood Park & Recreation Commission
Bill Rethke, 2828 Keller Parkway
Theresa Hanson, 2726 Keller Parkway
Rick Stauffer, 2756 Keller Parkway
Steve Simmons, 454 East Brooks
d. Councilmember Koppen moved approval of two (2) 11-foot lanes and two (2)
3-foot shoulders for a total of 28 feet paved surfacing. intersection
reconstruction with signage no retaining walls• accept the road but no
discussion on the bridge.
Seconded by Councilmember Carlson Ayes - all
2. Comprehensive Sign Plan Approval (Maplewood Retail)
a. Manager McGuire presented the staff report.
b. Associate Planner Ekstrand presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following was heard:
Greg Madsen, representing Ryan Companies, the applicant
Architectural Plans:
d. Councilmember Koppen moved to approve the architectural plans date-
stamped March 31 1995 for the Maplewood Retail Addition. sub.iect to the
developer meeting the following conditions:
1) Revise the brick design on Home Depot for staff approval to
match the brick detail shown on Petsmart.
2) Submit the video store building elevations to the CDRB for
approval.
3) Reduce the amount of red on the front of Cub Foods. The revised
scheme shall be submitted to the review board for approval.
Seconded by Councilmember Carlson Ayes - all
17 4-24-95
Comprehensive Sign Plan:
e. Councilmember Koppen moved a rove the com rehehsive si'n` lan for the
M~lewood Retail Addition wit the following conditions:
1) Signage shall be installed as shown on the plans-stamped by the
city March 31, 1995. Staff may approve changes if the sign
sizes and design are compatible with other signs within this
shopping center and comply with code. Additional tenant signs,
such as TCF on Cub Foods, may be approved by staff.
2) All wall signs shall be internally-lit, individual letter signs,
with the exception of the square-shaped Home Depot sign on the
front of the building which may be a cabinet-type sign.
3) The 40-foot-tall pylon signs shall be setback 45 feet from
street right-of-ways to meet setbacks.
4) This plan allows Cub Foods and Home Depot to display their store
identification on each other's site since:
(a) The number of pylon signs in the shopping center, as a
whole, is under the maximum allowed by the code. Seven
are proposed - the code allows nine.
(b) The use of sign space on each others sign does not
increase the number of signs.
Seconded by Councilmember Carlson Ayes - all
Waiver of Screening Requirement:
f. Councilmember Koppen moved to waive the screening requirement from the
east for the rooftop mechanical a ui ment on Cub Foods and Home Depot
because:
1) It would not improve the building's appearance or affect
property values.
2) The grade elevation of the adjacent land to the east would be
higher than the top of these buildings making the screening
ineffective.
3) The developer shall meet the following conditions:
(a) Paint the new mechanical equipment to match the upper-
. most part of the building. (code requirement)
(b) Submit the roof-equipment screen plans for the west,
north and south sides of Cub Foods and Home Depot to
staff for approval.
Seconded by Councilmember Carlson Ayes - all
3. Ken Gervais Reconsideration
a. Manager McGuire presented the staff report.
b. Council took no action on this item.
4. Striping Equipment
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
18 4-24-95
c. Mayor Bastian moved to authorize a 1995 Budget ad.iustment in the amount
of $4 600 from the V.E.M. Fund to the V.E.M. Operating Bud4et to allow
the purchase of pavement striping equipment.
Seconded by Councilmember Carlson Ayes - a1T
5. Engineering Aid
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Carlson moved to approve hiring an Engineering Aide for a
three-month period during the summer months and authorize advertising
for the position.
Seconded by Councilmember Koppen Ayes - all
6. 1995 Community Survey
a. Manager McGuire presented the staff report.
b. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. No one appeared.
c. Mayor Bastian moved to authorize a 1995 Community Survey. with funding
to be provided from the General Fund Contingency Accoun.
Seconded by Councilmember Carlson Ayes - all
7. Community Fund Task Force
a. Manager McGuire presented the staff report.
b. Councilmember Carlson moved to advertise for participants to serve on a
= Community Fund Task Force.
Seconded by Mayor Bastian Ayes - All
8. Acquisition of Open Space Property, South of Highwood at Sterling
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the
report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
Jeanne Ewald, Park and Recreation Commission
Dominic Ramacier, 865 Lakewood Drive South
19 4-24-95
Bill Poppert, 2433 Highwood
Letter from Randall Lewis, 2450 Highwood Avenue.
Joanna Fink,888 South Lakewood
XX XX 930 South Lakewood Court
d. Councilmember Rossbach moved to authorize use of $49.500 of P.A.C. Funds
to acquire the 5.5 acre site by the Amber Hills Development.
Seconded by Councilmember Koppen Ayes - all
K. VISITOR PRESENTATIONS
NONE
L. COUNCIL PRESENTATIONS
NONE
M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT OF MEETING
9:58 P.M.
' uc' le E. Aurelius, City Clerk
20 4-24-95