Loading...
HomeMy WebLinkAbout08-14-1995 MINUTES OF MAPLEWOOD City COUNCIL 7:00 P.M., Monday, August 14, 1995 Council Chambers. Municipal Building Meeting No. 95-15 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers. Municipal Building, and was called to order at 7:00 P.M. by Mayor 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, July 17, 1995 Councilmember Rossbach moved to approve the minutes of Council/Manager Meeting of Julv 17, 1995 as corrected: Page 1 - Header: July 17. 1995 Seconded by Councilmember Carlson Ayes - all 2. Minutes of Meeting 95-14, (July 24, 1995) Councilmember Carlson moved to approve the minutes of Meeting No. 95.14(July 24. 1995) as presented. Seconded by Councilmember Koppen. Ayes - all E. APPROVAL OF AGENDA: Mayor'Bastian moved to approve the Agenda as amended: L1 Truck Utilities L2 Mayor's Update Seconded by Councilmember Carlson: Ayes - all 8-14-95 1 EA. APPOINTMENTS/PRESENTATIONS 1. Daniel Fethkenher, 1289 Antelope Way, of Boy Scout Troop 188, earning hip Communication Badge. a. Councilmember Koppen thanked Daniel and his troop for the flower plantings in front of the Maplewood Community Center. F. CONSENT AGENDA: Councilmember Carlson moved seconded by Councilmember Rossbach: ayes - all. to approve the Consent Agenda items F-1 thru F-12 as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 660,931.80 Checks #5270 - #5378 Dated 7-13-95 thru 7.31-95 $ 227.859.11 Checks #21006 - #21235 Dated 8-14-95 $ 888,790.91 Total Accounts Payable PAYROLL: $ 280,664.69 Payroll Checks #82818 thru #83099 Dated 7-28-95 $ 60.125.62 Payroll Deduction Checks #83104 thru #83123 dated 7-28.95 $ 340,790.31 Total Payroll $1.229.581.22 GRAND TOTAL 2. LCMR Resolution and Agreement Adopted the following Resolution: 95 - 08 - 87 INNOVATIVE STORM WATER MANAGEMENT PROJECT - AUTHORIZATION TO ENTER AGREEMENT BE IT RESOLVED by the Maplewood City Council that the City enter into the attached agreement with the Minnesota Pollution Control Agency (MPCA) to conduct the following project: Maplewood Innovative Storm Water Management Project-F3. BE IT FURTHER RESOLVED by the Maplewood City Council that the Mayor, Gary Bastian, be authorized to execute the attached agreement for the above- mentioned project on behalf of the City. WHEREUPON the above Resolution was adopted at a regular meeting of the City Council this 14th day of August, 1995. 3. Final Payment - Searle Street Storm Sewer: Project 93-14 Accepted Project 93-14, Searle Street Storm Sewer Improvement, and authorized final payment to the contractor in the amount of $1,901.72 8-14-95 2 4. Certification of Election Judges 95-08-88 RESOLUTION ACCEPTING'ELECTION JUDGES RESOLVED, that the City Council'of Maplewood, Minnesota, accepts the following list of Election Judges for the 1995 Primary and General Elections, Tuesday, September 12, and Tuesday, November 7, 1995: PRECINCT N0. 1 PRECINCT N0. 5 PRECINCT NO. 9 PRECINCT NO. 13 Sylvia Brown, Chair. Donald Wiegert; Chair Margaret Earley. Chr Ann Fosburgh, Chair Audrey Duellman Betty Eddy Elsie Anderson Diane Golaski Joan Kolasa Marion Froelich Grace Locke Mary Lou Lieder Louise Nieters Thelma Ling Lorraine Petschel Gladys Sass PRECINCT N0. 2 PRECINCT N0. 6 PRECINCT NO. 10 PRECINCT N0. 14 Milo Thompson, Chair Elsie Wiegert, Chair Joanne Cunnien, Chair Shirley Luttrell, Chr Joseph Kolasa Joan Button Joan Cottrell Carol Berger Rose Marie Manders Marcella Watson Joe Ryan Paul G. Donlin Donna Wirth R. Colleen Zaiser D. Franklin Tolbert Delores Lofgren PRECINCT NO. 3 PRECINCT NO. 7 PRECINCT N0. 11 PRECINCT N0. 15 Pat Thompson, Chair Phyllis Erickson, Chr Lorraine Fischer, Chr Richard Lofqren, Chr Jean Dickson Marie Allen Joan Carr Joan Bartelt Kathleen Dittel Annette LaCasse Mary Fischer Anna Mae Breidenstein Florence Stella Lorraine Rosauer Betty Mossong Elaine Rudeen PRECINCT NO. 4 PRECINCT NO. 8 PRECINCT N0. 12 PRECINCT N0. 16 -red DuCharme, Chair Kathy Supan, Chair Lucille Cahanes, Chr Mervin Berger, Chair Marion Clark Jeanette Bunde Phyllis Lofgren Carolyn Eickhoff Lloyd Hecht Shirlee Horton Beverly Ogilvie Catherine Falenzer Marion Jungeman Gunborg Mowchan Delores Schipp Mildred Iversen Judy Widholm 5. Final Plat - Highwood 4th Addition (Sterling Street"and Schaller Drive) Approved the Gonyea Company's Highwood Fourth Addition final plat creating three lots for houses on the east side of Sterling Street, south of Schaller Drive. 6. Conditional Use Permit Review - 47 Century Avenue South (Nursery School) Reviewed and renewed the Conditional Use Permit for a nursery school program at Lutheran Church of Peace at 47 Century Avenue South. The CUP will be reviewed again in five years unless a problem develops. 7. Conditional Use Permit Review - 1194 County Road C (Pre-school Child-Care Center) Reviewed and renewed the Conditional Use Permit for a pre-school child care center at Lakeview Lutheran Church at 1194 County Road C East.. The CUP will be reviewed again in five years unless a problem develops. 8. Conditional Use Permit Review - 1690 MdCnight Road North (Hillside Shopping Center) Reviewed and renewed the Conditional Use Permit for a shopping center at 1690 North McKnight Road. The CUP will be reviewed again in five years. 8-14-95 3 9. Building Custodian Positions Authorized elimination of three part-time Custodial positions at the Community Center, consolidating them into two full-time positions at an entry pay rate level of $6.79 per hour, plus benefits, and that the necessary modifications be made in the 1996 Budget Request. 10. Employee Assistance Contract Approved an Employee Assistance Program contract for Medica's OPTUM Program, covering employees who do not carry Medica insurance for $22 per year and part-time employees for $11 per year. (People with Medica insurance already have this benefit.) 11. Woodbury Joint Powers, Project 95-11 Approved a joint powers agreement between Maplewood and Woodbury for equal shares of the preliminary costs relative to providing sanitary sewer service along Century Avenue from Highwood to Linwood. 12'Sign Plan Approval - 2165 White Bear Avenue (Health Partners) Approved a comprehensive sign plan for Health Partners at 2165 White Bear Avenue, granting an exception from the code to allow two 10-square-foot street-side directional signs along County Road 6, one 18-square-foot street side directional sign along White Bear Avenue and one 18-square-foot street-side directional sign near the main building entrance. G. PUBLIC HEARINGS 1. 7:00 P.M. (7:10 P.M.) Tri-District Community Elementary School (County Road B) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to build an elementary school on a 28-acre site on the south side of County Road B, east of Cub Foods. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the'specifics of the report. d. Commissioner Thompson presented the Planning Commission report. e. Boardmember Robinson presented the Community Design Review Board report. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Paul Holmes, representing Pope Associates (architects) for the Tri-District Community Elementary School Kevin Berglund, 1927 Kingston Tom Peck, 120 East County Road B g. Mayor Bastian closed the public hearing. 8-14-95 4 Land Use Plan Change (BC to S and OS) h. Councilmember Carlson introduced the following Resolution and moved its adoption: 95-08-89 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Pope Associates, Inc., applied for a change to the city's land use plan. from BC (business commercial) to S (school) and OS (open space). WHEREAS, this change applies to the undeveloped property located on the south side of County Road B, east of Cub Foods. WHEREAS, the history of this change is as follows: 1. On July 17, 1995, the Planning Commission held a public hearing. The City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission = recommended that the City Council approve the plan amendments. 2. On August 14, 1995, the City Council. discussed the land use plan changes. They considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- - described changes for the following reasons: 1. The proposed changes would be consistent with the goals and policies of the Maplewood Comprehensive Plan. 2. It is next to a major collector street and is near two arterial streets. 3. The proposed plans would preserve many significant natural features on the site including wetlands, ponds and large trees. 4. There would be no traffic from this development on existing residential streets. Seconded by Councilmember Koppen Ayes - all Conditional Use Permit i. Councilmember Carlson introduced the following Resolution and moved its adoption: 95-08-90 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Pope Associates, Inc., is requesting that Maplewood approve a conditional use permit fora new elementary school. 8-14-95 5 WHEREAS, this permit applies to the undeveloped property on the south side of County Road B, east of Cub Foods. The legal description is: Parcel I: All that part of the East 1/2 of the Northwest 1/4 of Section 18, Township 29, Range 22, lying West of the Minneapolis, Saint Paul and Sault Saint Marie Railway Company right-of-way, except that part of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 29, Range 22, bounded and described as follows: Beginning at the North 1/4 corner of Section 18 running westerly along the North line of said section 660 feet, more or less, to a point; thence Southerly 650 feet, more a less to a point; thence easterly on a line parallel to the North section line, 433.5 feet more or less to a point in the West right-of-way fence of along said right-of-way 527 feet, more or less, to a point where the said right-of-way fence intersects the North and South 1/4 section line; - thence northerly along said l/4 section line 180 feet, more or less, to a point of beginning, and except the North 233 feet of the West 120 feet of the East 780 feet of the Northeast 1/4 of the Northwest 1/4, Section 18, .Township 29, Range 22, Ramsey County, Minnesota; and Parcel I: Tract C, Registered Land Survey No. 447, Files of the Registrar of Titles, County of Ramsey (PIN 18-29-22-21-0006). WHEREAS, the history of this conditional use permit is as follows: 1. On July 17, 1995, the Planning Commission recommended that the City Council approve this permit. 2. On August 14, 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 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 Maplewood'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. 8-14-95 F 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. The City Council may waive any of the above requirements provided the Council determines that the balancing of public interest between governmental units would be best served by such a waiver. Approval is subject to the following conditions: 1. All construction shall follow the plans stamped June 30, 1995 as approved by the city. The applicant shall revise the site plan to move the west softball field at least 20 feet to the east. (This is to provide at least a 20-foot setback from the wetland for any disturbance.) 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 in two years. 4. Pursuant to Maplewood Code 36.443 (Clauses 6 and 7)the applicants agree to convey a perpetual easement for open space purposes to the City of Maplewood for the southerly seven acres of the property that is not necessary for building, including parking and play fields related to the school use. Seconded by Councilmember Koppen Ayes - all Design Approval j. Councilmember Carlson moved to approve the design plans stamped June 30 1995 for the Tri-District Community Elementary School, sub.iect the following conditions: 1. Repeat this review in two years if the City has not issued a building permit for this project. 2. Submit the following for staff approval before the City issues a building permit: a. A revised site plan showing: 1) 9.5-foot-wide parking stalls 2) The west softball field moved at least 20 feet to the east. 8-14-95 7 b. A plan showing the design of the trash dumpster and recycling container enclosure and gate for any of these that would be outside. The enclosure gate shall be 100X opaque (code requirement). The enclosure must match the materials and color of the building. c. A revised landscape plan showing: 1) Dwarf Bush Honey Suckle or Clove Currant instead of the Alpine Currant 2) A mix of tree types around the parking areas that are more salt and heat resistant than Red Maples. d. The final construction and engineering plans for the approval of the City Engineer. These plans shall include: grading, utility, drainage, erosion control, tree and driveway and parking lot plans. The plans shall meet the following conditions: - 1) The erosion control plan shall be consistent with City Code. 2) The tree plan shall show: a) Where the developer or contractor will remove, save or replace large trees. = b) The size, species and location of any trees that the developer will plant as replacement trees. c) All trees that the developer will plant shall be at least 2 1/2 inches in diameter. There shall be no tree removal past'the approved grading and tree limits. 3) All the parking areas and driveways shall have continuous concrete curb and gutter. 4) The NURP ponds shall be subject to the approval of the City Engineer. The developer or owner shall give the City drainage easements for the ponds that cover all areas to a point one foot above the 100•year flood level. The applicant shall be responsible for getting any needed off-site pond and drainage easements. e. A certificate of survey of the property. f. Place temporary orange safety fencing and signs at the grading limits. g. Record with Ramsey County all drainage and wetland easements required by the city. The wetland easements shall cover the wetlands and any land within twenty feet surrounding a wetland. These easements shall prohibit any building, mowing, cutting, filling or dumping within twenty feet of the wetland or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands from fertilizer and to protect the wetland habitat from human encroachment. City staff shall approve these easements before the developer records them. 3. Complete the following before occupying the building: a. Set property corner irons. b. Sod the boulevard. - c. Install reflectorized stop signs at all exits, a handicap-parking sign for each handicap-parking space and an address on the building. 8-14-95 8 d. Screen all roof-mounted equipment visible from streets or adjacent property, as code requires. e. Construct a trash dumpster and recycling container enclosure as City Code requires. The enclosures must match the materials and color of the building. f. Install an in-ground sprinkler system for all landscaped areas, except playing fields. g. Install continuous concrete curbing around all existing and proposed parking and drive areas (code requirement). h. Install site lighting, subject to the director of public safety's approval. Lighting shall not exceed one-foot- candle of light at any residential property line. The contractor shall shield or aim the lights so the light source is not visible (code requirement). i. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, adding of structures or dumping beyond this point. j. Install survey monuments along the wetland boundaries. k. Remove any debris or junk from the wetlands and site. 1. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all City requirements. 4. If any required work is not done, the City may allow temporary occupancy if: a. The City determines that the work is not essential to the public health, safety or welfare. b. The City receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150X of the cost of the unfinished work. c. The City receives an agreement that will allow the City to complete any unfinished work. 5. All work shall follow the approved plans. The Director of Community Development may approve minor changes. Seconded by Councilmember Koppen Ayes all 2. 7:15 P.M. (7:55 P.M.): Street Right-of-Way Vacation: Keuffner Place. West of Arcade Street (Heintz) a. Mayor Bastian convened the meeting for a public hearing regarding a request to vacate the Keuffner Place right•of-way west of Arcade Street. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. d: Commissioner Thompson presented the Planning Commission report.. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Frank Heintz, 1787 Arcade Street, the applicant f. Mayor Bastian closed the public hearing. 8-14-95 9 g. Councilmember Allenspach introduced the followin4 Resolution and moved its adoption: 95 - 08 - 91 STREET RIGHT-OF-WAY VACATION - KEUFFNER PLACE WHEREAS, Frank and Rita Heintz have applied for the vacation of the following described street: All of Keuffner Place west of the westerly Arcade Street right-of-way. WHEREAS, the history of this vacation is as follows: 1. The City originally vacated this street in 1959 and 1961 (Document Numbers 1500981 and 1546157). 2. A majority of the property owners abutting this street signed a petition in favor of this vacation. 3. The Planning Commission discussed this vacation on July 17, 1995. They recommended that the City Council approve this vacation. 4. The City Council held a public hearing on August 14, 1995. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. WHEREAS, after the vacation is approved, public interest in the property will accrue to the following abutting properties: Lots 7 and 8, Forest Heights Addition. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described vacation for the following reasons: 1. It is in the public interest. 2. The City has no plans to build a street in this location. 3. The adjacent properties have street access. 4. The City vacated parts of this street in 1959 and 1961. Seconded by Councilmember Koppen Ayes - all 3. 7:30 P.M. (7:58 P.M.): Used Motor Vehicle Sales Lot - 135 Century Avenue North a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to open a used motor vehicle sales lot at 135 Century Avenue North. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. 8-14-95 10 d. Commissioner Thompson presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Don Roemer, one of the applicants " f. Mayor Bastian closed. the public hearing: Conditional Use Permit g. Councilmember Koppen introduced the following Resolution and moved its adoption: 95-08-92 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Donald Roemer applied for a conditional use permit to open a used motor vehicle sales lot. WHEREAS, this permit applies to the property at 135 Century Avenue North. The legal description is: Northeasterly triangular part being 70 feet on northerly line and 199.88 feet of easterly line of Lot 27 and subject to Highway easements, Lots 28 and 29, Block 6, Brower Park, Ramsey County (PIN O1-28-22-11-0021) WHEREAS, the history of this conditional use permit is as follows: 1. On July 17, 1995, the Planning Commission recommended that the City Council approve this permit. 2. On August 14, 1995, the City Council held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run- . off, vibration, general unsightliness, electrical interference or other nuisances. 8-14-95 11 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 site plan. approved by the City. The Director of Community Development may approve minor changes. 2. The City Council shall review this permit in one year. 3. If there is not enough parking, the operator or property owner shall reduce the number of vehicles for sale on the site. 4. The operator shall not allow parking on Century Avenue or on Brookview Drive. 5. The operator shall control the weeds and cut the grass. 6. The hours of operation shall be Monday-Saturday: 9:00 A.M. - 8:00 P.M.. There shall be no vehicle sales on Sunday. (State Law) 7. The maximum number of parking spaces shall be 48. 8. The owner and the operator shall not .have fuel sales or do any mechanical repairs on the site. 9. The operator shall get a license for the sale of used vehicles. 10. The owner or operator shall provide exterior security lighting around the vehicle sales area. All security lighting shall be directed or shielded so it does not cause any undue glare on adjacent properties or streets. 11. The owner or operator shall install stop signs at each driveway and a handicapped parking space and sign on the site. 12. External noises shall be unobtrusive on adjacent properties. Noises shall not exceed 50 decibels (normal conversation level) on adjacent properties. 13. The owner or operator shall only park vehicles on bituminous areas. There shall be no vehicle parking on the grass, boulevards or drive aisles. 8-14-95 12 14. The owner or operator shall remove the weeds and patch the holes in the parking lot. They also shall stripe all parking spaces to meet City standards. 15. There shall be no exterior storage of inoperable vehicles or parts of vehicles on the site. 16. Any building remodeling shall be subject to the approval of the building official and the fire marshal. This approval does not include signs. Seconded by Councilmember Carlson Ayes all Sito Plan Approval. g. Councilmember Koppen moved to approve the site plan as presented on pa4e 7 of the July 24. 1995 staff report. sub.iect to the applicant: 1. Repeat this review in two years if the use has not started. 2. The owner or operator must complete the following before selling _ vehicles from this site: a. Install site-security lights, stop signs and the handicapped parking signs. b. Remove the weeds, patch the holes and stripe the parking spaces in the parking lot. Submit a striping plan to the City staff for their approval. c. Close the north driveway (nearest to Brookview Drive) on Century Avenue. Get the necessary permits from MnDOT. Seconded by Councilmember Carlson Ayes all 4. 7:45 P.M. (8:15 P.M.): Amber Hills Preliminary Plat (Schaller Drive and Sterling Street) a. Mayor Bastian convened the meeting fora public hearing regarding . b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report.: d. Commissioner Thompson presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Dean Johnson, partner of the applicant f. Mayor Bastian closed the public hearing. Street Right-of-Way Vacation'(Crestview Drive) g. Mayor Bastian introduced the followin4' Resolution and moved its adoption: 8-14-95 13 95-08-93 STREET RIGHT-OF-WAY VACATION RESOLUTION WHEREAS. Bill Dolan applied for the vacation of the following-described street right-of-way: That part of Crestview Drive between the south right-of-way line of Schaller Drive and the south property line of Amber Hills 1st Addition as dedicated as part of the Amber Hills 1st Addition in Section 13, Township 28, Range 22 WHEREAS, the history of this vacation is as follows: 1. On July 17. 1995, the Planning Commission recommended that the City Council approve this vacation. 2. On August 14, 1995, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. WHEREAS, after the City approves this vacation, public interest in the property will go to the following abutting properties: Outlots D and E of Amber Hills 1st Addition. NOW, THEREFORE. BE IT RESOLVED that the City Council approve the above- described vacations for the following reasons: i. It is in the public interest. 2. The City and the developer have no plans to build a street on this right-of-way. 3. The adjacent properties have street access. Seconded by Councilmember Koppen Ayes - all Plat Revision and Time Extension g. Mayor Bastian moved to approve a one-year time extension for the Amber Hills preliminary plat (as shown on pace 11 of the Jul.v 18. 1995 staff reoort following the revision on page 10 - dated June 30. 1995). sub.iect to the following conditions: 1. Sign an agreement with the City that guarantees that the developer or contractor will: a) Complete all grading, public improvements and meet all City requirements. b)* Place temporary orange safety fencing and signs at the grading limits. c) Have NSP install street lights in six locations, primarily at street intersections. The exact location and type of lights shall be subject to the City Engineer's approval. 8-14-95 14 d) Pay the City for the cost of traffic-control and street identification signs. This shall include the installation of no-parking signs along the west side of Sterling Street. e) Construct an eight-foot-wide paved walkway and fencing between Lots 9 and 10 of Block 2 of Amber Hills Second Addition and Lots 8 and 9, Block 1 of Amber Hills 4th Addition. The developer shall build and pave these trails with the streets. f)* Provide all necessary easements. g) Install permanent signs around the'edge of any wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. h) Install survey monuments along any wetland boundary. _ i) Overlay the existing Timber Avenue cul-de-sac pavement and construct concrete curb and gutter around the bulb. 2. Change the plat as follows: a) Add drainage and utility easements as required by the City Engineer. b) Dedicate a twenty foot-wide walkway easement between Lots 9 and 10, Block 2 of Amber Hills Second Addition, and Lots 8 and 9, Block 1, of Amber Hills 4th Addition. = c) Change the following street names: (1) Marnie Court to Marnie Circle d) Show a drainage easement over the wetlands. The easement location shall be subject to the City Engineer's approval. e) Show the wetland boundaries on the final plat as approved by the Watershed District. 3. Have the City Engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree and street plans. These plans shall meet the following conditions: a) The developer shall design and install the utilities to serve the properties to the east, south and north as needed. b) The erosion control plans shall be consistent with the City Code. c) The grading plan shall: 1) Include proposed building pad elevation and = contour information for each home site. 2) Include contour information for the area that the street construction will disturb. 3) Illustrate housing styles that reduce the grading on sites where the developer can save large trees. d) There shall be backyard drains connected to the storm sewer system as required by the City Engineer. 4.* Provide a tree plan for the City Engineer's approval before grading or final plat approval. This plan shall show where the developer will remove, save or replace large trees. This .plan also must show the size and species of any trees that the developer will plant as replacement trees. All trees that the - developer will plant shall be at least 2-1/2 inches in diameter. There shall be no tree removal beyond the approved grading and tree limits. 8-14-95 16 5. Submit recordable deed restrictions to the City along with the recording fees. These deed restrictions are to prohibit the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. (This affects all lots east of Sterling Street.) The developer shall also notify the purchasers of the pipeline location. _ 6. The final plat shall have drainage and utility easements along all property lines. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. 7. The developer shall complete all grading for public improvements and overall site drainage, except what the City does as part of the Sterling Street/Schaller Drive project. The City Engineer. shall include in the developers agreement any grading that the developer or contractor has not completed before final plat approval. 8. Determine if wetlands are on the site. Show any wetland boundaries on the plat as delineated on the site. A trained and qualified person must delineate the wetlands. This person shall prepare a wetland delineation report. The developer shall submit this wetland information to the Watershed District office. The Watershed District must approve this information before the City approves a final plat. If needed, the developer shall change the plat to conform to wetland regulations. 9. Give the City a wetland buffer easement over any lots that are next to a wetland. This easement shall cover any land within twenty feet surrounding a wetland. The easement shall prohibit any building within twenty feet of the wetland or any mowing, cutting, filling or dumping within twenty feet of the wetland or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands from homeowners' fertilizer and to protect the wetland habitat from residential - encroachment. 10. Obtain a permit from the Ramsey-Washington Metro Watershed District for any filling of the wetland. If the developer decides to final plat part of the preliminary plat, the City may waive any conditions that do not apply to the final plat. e eve oper must complete these conditions before the City issues a grading permit or approves the final plat. Seconded by Councilmember Koppen Ayes all 1. Mapleleaf Estates Preliminary Plat a. Manager McGuire presented the staff report. b. Director of Community Development Coleman presented the specifics of the report. 8-14-95 16 c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Dennis Gonyea, the developer Deny Preliminary Plat Approval. d. Councilmember Rossbach moved to deny the west one-half of the 1994 Ma leleaf Estates reliminar lat. The Cit should den this art of the plat because t e Citv bought the property for open space. Seconded by Councilmember Koppen Ayes - all Preliminary Plat Revision e. Councilmember Rossbach moved to approve the revised preliminary plat received by the Citv on Julv 24. 1995. for the Mapleleaf Estates. sub.iect to the December 19. 1995 conditions of approval with the provision that house location be established on Lots 4 and 5. Seconded by Councilmember Koppen Ayes - all 2. Compost Site CUP Review (Beam Avenue) a. Manager. McGuire presented the staff report.. b. Director of Community Development Coleman 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: Zack Hansen, Manager, Ramsey County Division of Solid Waste d. Councilmember Rossbach moved to amend condition 14 of the Conditional Use Permit (Resolution 94-05-48) to require reporting on a yearly basis. Seconded by Councilmember Kdppen Ayes - all _ e. Councilmember Koppen moved to extend the Conditional Use Permit and adopt staff recommendation as amended. Seconded by Mayor Bastian Ayes - all J. NEW BUSINESS 1. Alarm Ordinance (1st Reading) a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the report. c. Councilmember Carlson moved first reading of an Ordinance revising the Maplewood Alarm Ordinance. Seconded by Councilmember Rossbach Ayes - all 8-14-95 17 2. Beth Heights Addition - Lot Sale and Boulder Relocation a. Manager McGuire presented the staff report. b. Director of Parks & Recreation Anderson presented the specifics of the report. c. Councilmember Carlson moved to offer for sale Lot 1. Block 1. Beth Heights Addition. in the amount of $26,500 and, furthermore. accept a donation to the City of Maplewood in the amount of $2.500 for the ur ose of relocatin the boulder resentl located u on Outlot C of the Bet Heights First Addition: if the cost to relocate the boulder exceeds 52.500. the balance would be obtained from the PAC Fund. Seconded by Councilmember Koppen Ayes - all 3. NSP Rebate Energy Efficiency and Fluorescent Lamps Replacement a. Manager McGuire presented the staff report. b. Director of Parks & Recreation Anderson presented the specifics of the report. c. Councilmember Carlson moved to approve staff recommendation. to pursue participation in the NSP Local Government Energv Conservation Program. Seconded by Koppen Ayes all 4. Special Council Meeting on 1996 Budget a. Manager McGuire presented the staff report.- : b. Councilmember Carlson moved to schedule a Special Council Meeting on the 1996 Budget for Wednesday. August 23. 1995 at 6:00 P.M. Seconded by Councilmember Koppen Ayes - all K. VISITOR PRESENTATIONS NONE M. Council PRESENTATIONS 1. Truck Utilities a. Councilmember Rossbach stated he had informed Truck Utilities that if the rest of the Council did not have any objections to the metal building he would rescind his objection. b. Council indicated that they had no objection. 8-14-95 18 2. Mayor's Update a. Twin City Youth Policy Forum is August 24. 1995, from 2:00 - 4:30 P.M. b. New Century New Action Program is September 12, 1995 c. Maplewood Mall is sponsoring a photo contest d. Chain of Lakes Committee extends an invitation to surrounding municipal Mayors for the meeting on September 7, 1995 e. League of Women Voters will hold a meeting to discuss taxes on September 19, 1995 at the Maplewood Library. f. Next Mayor's Forum will be at the Maplewood Nature on September 9, 1995. M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING 9:42 P.M. ~ . Lu lle E. Aurelius, City Clerk 8-14-95 1~