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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