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HomeMy WebLinkAbout03-11-1996 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, March 11, 1996 Council Chambers, Municipal Building Meeting No. 96-05 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 Meeting 96-04, (February 26, 1996) Mayor Bastian moved to approve the minutes of Meeting No. 96.04 (February 26. 1996) as corrected: Page 9, 3, c: "Councilmember Rossbach stated that, while he supports the concept, he cannot support this Ordinance because of the geographic stipulations contained in it." Seconded by Councilmember Carlson Ayes - all E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended: L1 Highway 36 & Hazelwood M1 Past Mayors Meeting M2 On Street Parking Seconded by Councilmember Allenspach Ayes - all EA. APPOINTMENTS/PRESENTATIONS NONE 1 3-11-96 CUB SCOUT PACK 461 WAS IN ATTENDANCE TO OBSERVE THE COUNCIL MEETING. f. CONSENT AGENDA: Councilmember Carlson moved, seconded by Councilmember Koppen: ayes - all. to approve the Consent Agenda. Items 1 thru 3 as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 42,063.37 Checks #6136 •#6148 Dated 2-14-96 thru 2.21-96 = $ 41,443.17 Checks #24198 - #24294 Dated 2.27.96 $ 161,279.11 Checks #6149 - #6171 Dated 2.22-96 thru 2-29-96 $ 106.301.52 Checks #24410 - #24495 Dated 3-5 -96 $ 351,087.17 Total Accounts Payable PAYROLL: $ 267,753.57 Payroll Checks Dated 2-23-96 $ 48.805.42 Payroll Deduction Checks #50837 - #50849 Dated 2-23-96 $ 316,558.99 Total Payroll - $ 667.646.16 GRAND TOTAL 2. Oakdale Fire Department Dispatching Contract Approved the 1996 Oakdale Fire Department dispatching contract. 3. Disposal of Surplus Equipment Declared as surplus property and authorized disposal at State auction of the following items: 1976 Street Flusher/Tanker Truck SN.R80dbV13064 (Unit #542) 1986 Single Axle Dump Truck (Unit #646) 1989 Chevrolet Corsica SN IGILT5115JY574193 (Unit #504) 1990 Chevrolet Corsica SN IGILT5411KE267090 (Unit #508) G. PUBLIC HEARINGS 1. 7:00 P.M. (7:06 P.M.): Bellaire/Helen Improvement a. Mayor Bastian convened the meeting for a public hearing regarding the proposed Bellaire Avenue street and utility improvements. b. Manager McGuire presented the staff report. c. Assistant City Engineer Matthys presented the specifics of the report. 2 3-11-9F d. City Attorney Kelly explained the procedure for public hearings. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Melvin Kuehn, 2937 Bellaire, Against. He stated he was already assessed for Beam Avenue. f. Mayor Bastian closed the public hearing. g. Councilmember Koppen introduced the followina Resolution and moved its adoption: 96-03-31 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, after. due notice of public hearing on the construction of street and utility improvements on Bellaire Avenue, from Beam Avenue to Lydia Avenue, City Project 95-18, a hearing on said improvement in accordance with the notice duly given was duly held on March 11, 1996, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct street and utility improvements on Bellaire Avenue, from Beam Avenue to Lydia Avenue, City Project 95.18, as described in the notice of hearing thereof, and orders the same to be made. 2. The City Engineer is designated Engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The Finance Director is hereby authorized to make the financial transfers necessary. to implement the financing plan for the project. The project financing shall be as follows: State aid S 65,875 Special assessments 41,825 _ Sewer fund 2.600 TOTAL S 110,300 Seconded by Councilmember Carlson Ayes -Councilmembers Allenspach, Carlson, Koppen, Rossbach Nays - Mayor Bastian h. Councilmember Rossbach moved to delete sidewalk from the aro.iect i. Staff stated sidewalk was not a part of the project. j. Councilmember Koppen moved to approve a .ioint powers agreement with North St. Paul for completion of this pro.iect. Seconded by Councilmember Koppen Ayes - Councilmembers Allenspach, Carlson, Koppen, Rossbach Nays - Mayor Bastian 3 3-11-9F 2. 7:00 P.M. (7:25 P.M.): Organized Collection a. Mayor Bastian convened the meeting for a public hearing regarding undertaking the process to organize the collection of residential solid waste. b. Manager McGuire presented the staff report. c. Assistant City Manager Dawson presented the specifics of the report. d. Mayor Bastian stated testimony will be heard until 8:15 P.M. and the hearing may be continued until March 18, 1996, then opened the public hearing, calling for proponents or opponents. The following persons were heard: Norm Schiefferl, Ramsey County Division of Solid Waste Kathy Juenemann, 721 M. Vernon: Should continue with the process Favors Walter Wegleitner, 431 E. Belmont Lane: Speaking for Gene's Disposal Against - Justa Cardinal, 1875 Arcade, Representing Maplewood Senior Organization: "Consider a senior rate." ? Bruce Jordan. 1460 E. Belmont: Against just one hauler. Against Paul Kakelmeier, 558 Farrell: Against just one hauler. Against - Ray Colosimo, 2323 Case: Does not want to pay for services he does not receive. (He presently has metered service.) Against Emily Winstad, 2249 Radatz: Against just one hauler. Against Resident of 711 Skillman: Concerned about cost Against Resident of 687 Ferndale: Freedom of choice issue. Satisfied with present service. Against ' Kevin Berglund, 1929 Kingston: Organized collection would help the City Favors Jesse Black, 2005 Greenbrier: Agains' Bill Kring, 112 Bellwood: Free enterprise issue. Agains.:_ Kim Carlson, BFI-Woodlake Sanitation: Opposes organized collection Against Don Misgen, 1367 Price: Why change something that is working? Against Resident of 2231 Radatz: Opposes Against Pat Frank, 1921 Price: Needs more specific details/consider free enterprise ? Resident of 1726 Abel: Believes in open hauling Against Marty Showers, 1719 Abel: Asked questions about how organized hauling would work. Against Bill Robbins, 2277 Stillwater: Wants lower costs, etc. Neighborhood _ could organize for one hauler (submitted a letter) Against Duane Golaski, Mayhill Road: Believes in competition - consider pick up every other week. City should not get involved. Leave system alone.Against Tim Kline, 1954 Donna Senty Drive: Opposes Against Kathy Juenemann, 721 Mt. Vernon: Maplewood system will not be like the North St. Paul system Kevin Berglund, 1929 Kingston: Be sure City goes in right direction. Carl Johnson, 1946 E. Larpenteur (with Boy Scout Troop 461): City should have organized collection, Council should protect the environmentFavors Chris Reinhardt, 1041 East County Road C „Evergreen Environmental: Believes in free enterprise - just bought trucks and started the business. This system would hurt small businesses. Against Kathy Juenemann, 721 Mt. Vernon: Clarified the idea that only one hauler would be used, and that Council has no preconceived idea if there would be one or all e. Mayor Bastian closed the public hearing. 4 3-11-96 f. Councilmember Allenspach introduced the following Resolution and moved its adoption: 96 - 03 - 32 A RESOLUTION OF INTENT TO COMMENCE THE PROCESS OF EVALUATION AND PLANNING FOR A POTENTIAL SYSTEM OF ORGANIZED COLLECTION OF RESIDENTIAL SOLID WASTE IN THE CITY OF MAPLEWOOD WHEREAS, the City Council of the City of Maplewood desires to evaluate the potential benefits of organizing collection of residential solid waste; and WHEREAS, Minnesota Statutes 115A.94 allow cities to organize collection of solid waste and identifies a process for organization; and WHEREAS, the City of Maplewood has provided mailed notice to collectors of solid waste licensed by the City in 1995 and 1996, and has published notice in the official newspaper of the public hearing to consider organizing solid waste collection; and WHEREAS, the City of Maplewood on March 11, 1996, held a public hearing on its intent to consider organized collection, NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council establishes its intent to evaluate and possibly orgam ze residential solid waste collection in the City and invites the participation of persons, including all persons licensed to operate solid waste collection, in planning and establishing this organized collection system. Seconded by Councilmember Koppen Ayes - all COUNCIL STATED THAT PASSAGE OF THIS RESOLUTION DOES NOT MEAN THAT AN ORGANIZED COLLECTION PROJECT HAS BEEN APPROVED. g. Mayor Bastian moved that on the 2nd meeting of every month, commencing with April there be a report by staff regarding organized collection. Seconded by Councilmember Carlson Ayes - all COUNCIL STATED THERE WILL BE NO NEED fOR THE HEARING TO BE CONTINUED 3. 7:30 P.M. (9:05 P.M.) Highwood 5th Addition (O'Day Street) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to develop Highwood Fifth Addition, consisting of one lot for a house on a 1.11-acre site on the north end of O'Day Street, north of Schaller Drive. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. 5 3-11-9F d. Commissioner Gary Pearson presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or . opponents. The following persons were heard: Joe Yankovich, 857 O'Day Street Liz Creager, 2539 Schaller Drive Sam Bernstein, 2531 Schaller Drive Kevin Berglund, 1929 Kingston f. Mayor Bastian closed the public hearing. Street Vacation g. Councilmember Carlson introduced tfie following Resolution and moved its adoption: 96-03-33 STREET VACATION WHEREAS, Mr. Dennis Gonyea applied for the vacation of the following- . described street right-of-way: That part of O'Day Street north and east of an easterly continuation of the North line of Lot 3, Block 1, Highwood Third Addition in Section 13, Township 28, Range 22 WHEREAS, the history of this vacation is as follows: 1. On February 20, 1996, the Planning Commission recommended that the City Council approve this vacation. 2. On March 11, 1996, 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 A and B of Highwood Third Addition NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described vacations for the following reasons: 1. It is in the public interest. 2. The City and the developer have no plans to build a street north of this site. 3. The adjacent properties have street access. Seconded by Councilmember Koppen Ayes - all 6 3-11-9F Preliminary Plat. h. Councilmember' Carlson moved approve the Highwood Fifth Addition preliminary plat (received by the City on February 2. 1996). Before the City Council approves the final plat. a developer shall complete the following conditions: 1. Change the street relocation plan to show the cul-de-sac right- of-way on the final plat. 2. Deed Lot 2 to the City and record this deed with the final plat. Seconded by Councilmember Koppen Ayes - all COUNCIL DIRECTED STAFF TO INVESTIGATE THE SIZE OF THE CUL-DE-SAC ON O'DAY STREET. 4. 7:50 P.M. (9:30 P.M.): Ramsey County Correctional Facility (297 Century Avenue South) a. Mayor Bastian convened the meeting for a public hearing regarding a request from Ramsey County to switch from a farming operation to a plant nursery and greenhouse operation at the Ramsey County Correctional Facility. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Pearson presented the Planning Commission report. e. Boardmember Bergren presented the Community Design Review Board report. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Scott Simpson, Nurseryman at the facility Art Cavara, Superintendent of the facility g. Mayor Bastian closed the public hearing. Conditional Use Permit Revision h. Councilmember Rossbach introduced the following Resolution and moved its adoption: 96 - 03 - 34 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the Ramsey County Community Corrections Department applied for a conditional use permit to switch from a farming operation to a plant nursery and greenhouse operation at the Ramsey County Correctional Facility. WHEREAS, this permit applies to 297 South Century Avenue. The legal description is: 7 3-11-9F ' EX PART SWLY OF NEW AFTON ROAD; N 1/2 OF NE 1/4 & EX CRESTVIEW: PART NE OF AFTON RD OF SW 1/4 OF NE 1/4 & SE 1/4 OF NE i/4 & NE 1/4 OF SE 1/4 (SUBJ TO RDS & PIPE LINE ESMT) IN SEC 12 TN 28 RN 22. WHEREAS, the history of this conditional use permit is as follows: 1. On February 20, 1996, the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on March 11, 1996. City staff published a notice in the paper and sent notices to the surrounding 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 of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run- off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. The City Council may waive any of the above requirements for a public building or utility structure, provided the Council shall first make a determination that the balancing of public interest between governmental units of the state would be best served by such waiver. Approval is subject to the following conditions: 8 3-11-9F 1. All construction shall follow the site plan approved by the City. The Director of Community Development may approve minor changes. 2. The county corrections department shall file an annual report with the City manager informing the City of the following: a. If the percentage of felons increases above 29X of the inmates or if the percentage of gross misdemeanors increases above 33~ of the inmates. b. Of any applications fora license for the facility that increase the maximum number of inmates above 293. c. If the daily population exceeds the county's license for more than 21 (twenty-one) consecutive days. If condition 2.a. or 2.c. occurs, the City Council may reconsider the conditional use permit. The City must approve any increase in the facility inmate population license prior to it becoming effective. 3. The City Council shall review this permit in one year if the greenhouse is not built. Future reviews shall be done only if a problem arises or if major construction is proposed. Minor construction shall be approved by the Director of Community Development. Seconded by Councilmember Carlson Ayes - all Design, Approval i. Councilmember Carlson moved to approve the plans (stamped December 29. 1995) for the greenhouses at the Ramsey County Correctional Facility at 297 South Century Avenue. Ramsey County shall do the following: 1. Repeat this review in one year if the City has not issued a building permit for the first greenhouse. 2. Comply with the approved plans. The Director of Community Development may approve minor changes. 3. Apply for City Council approval of any building construction on county property south of Lower Afton Road. Seconded by Councilmember Koppen Ayes - Mayor Bastian, Councilmembers - Allenspach, Carlson, Koppen Nays - Councilmember Rossbach 5. 8:00 P.M. (9:51 P.M.): Parkview (Lower Afton Road and Londin Lane) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to develop 42 single-family homes between Lower Afton Road and Londin Lane, west of Connemara Condominiums. b. Manager McGuire presented the staff report. 9 3-11-96 c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Pearson presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Ted Bearth, 2276 Londin Lane: In favor of the project Kathleen Laska, 2332 Dorland Road: Against the project Bill Miller, 395 Crestview Drive: Against John Peterson, Good Value Homes, the developer f. Mayor Bastian closed the public hearing. Land Use Plan Changes g. Councilmember Carlson introduced the followihg Resolution and moved its adoption: 96 - 03 - 35 LAND USE PLAN CHANGE RESOLUTION. WHEREAS, John Peterson of Good Value Homes proposed changes to the City's land use plan from R-3(M) (residential medium density) and CO (commercial office) to R-1 (single dwellings) and OS (open space). WHEREAS, these changes apply to the undeveloped property located between Lower Afton Road and Londin Lane, west of Connemara Condominiums. WHEREAS, these changes apply to the proposed Blocks 2 and 3 and Outlot A of Parkview. WHEREAS, the history of these changes is as follows: 1. On February 20, 1996, 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 March 11, 1996, 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. They would be consistent with the goals and objectives of the comprehensive plan. 2. The developer is proposing to develop this part of the site with single dwellings. 3. It would reduce the allowable density and traffic from this site. Seconded by Councilmember Koppen Ayes - all 10 3-11-9F h. Councilmember Carlson introduced the following Resolution and moved its adoption: 96 - 03 - 36 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Arnie Johnson proposed a change to the City's land use plan from CO (commercial office) to BC (business commercial). WHEREAS, City staff proposed to change the City's land use plan to BC-M (business commercial modified) for the site. WHEREAS, this change applies to the undeveloped property on the south side of Lower Afton Road, east of the proposed Holiday Stationstore and west of Connemara Condominiums. WHEREAS, this change applies to the proposed Lot i, Block 1 of Parkview. WHEREAS, the history of this change is as follows: 1. On February 20, 1996, 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 March 11, 1996, 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 City staff proposed change for the following reasons: 1. They would be consistent with the goals and objectives of the comprehensive plan. 2. The BC-M designation would serve as a transition area between the proposed Holiday Stationstore and the residential area to the south. Seconded by Councilmember Koppen Ayes - Councilmembers Allenspach, Carlson, Koppen Nays - Mayor Bastian, Councilmember Rossbach i. Councilmember Carlson introduced the following Resolution and moved its adoption: 11 3-11-9F 96-03-37 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Arnie Johnson proposed a change to the City's land use plan from R-3(M) (residential medium density) and CO (commercial office) to BC (business commercial). WHEREAS, City staff proposed to change the City's land use plan to LBC (limited business commercial). WHEREAS, these changes apply to the undeveloped property located on the east side of McKnight Road, south of the proposed Holiday Stationstore. WHEREAS, this change applies to the proposed Lot 3, Block 1 of Parkview. WHEREAS, the history of this change is as follows: - 1. On .February 20, 1996, 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 March 11, 1996, 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 City staff change for the following reasons: 1. They would be consistent with the goals and objectives of the comprehensive plan. 2. The larger LBC area would increase the transition area between the existing houses and the proposed Holiday Stationstore. Seconded by Councilmember Koppen Ayes - Councilmembers Allenspach, Carlson, Koppen Nays - Mayor Bastian, Councilmember Rossbach Zoning Map Changes. j. Councilmember Carlson introduced the following Resolution and moved its adoption: 12 3-11-96 i 96-03-38 ZONING MAP CHANGE WHEREAS, Good Value Homes applied for a change in the zoning map from CO (commercial office) and F (farm residential) to R-1 (single dwelling residential). - WHEREAS, this change applies to the property north of Londin Lane, west of 2445 Londin Lane. The legal description is: That part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28, Range 22, Ramsey County, Minnesota; described as follows; Commencing at a cast iron monument found for the Northwest corner of said Section 12, thence South 00 degrees 17 minutes 21 seconds East, on an assumed bearing basis, along the West line of said Section 12, a distance of 362.00 feet; Thence North 88 degrees 15 minutes 57 seconds East, with the South line of the North 362 feet of said Northwest Quarter of the Northwest Quarter, a distance of 705.53 - feet; Thence South 00 degrees 18 minutes 10 seconds East, a distance of 265.08 feet to the POINT OF BEGINNING herein; Thence South 69 degrees 43 minutes 28 seconds East, a distance of 280.33 feet; Thence North 88 degrees 15 minutes 28 seconds East, a distance of 349.07 feet; Thence South 00 degrees 18 minutes 10 seconds East with the East line of the said Northwest Quarter of the Northwest Quarter, a distance of 548.15 feet to the North right of way line of Londin Lane; Thence South 88 degrees 18 minutes 55 seconds West with said right of way line, a distance of 1067.16 feet; Thence North 00 degrees 18 minutes 23 seconds West, a distance of 417.10 feet; Thence North 88 degrees 19 minutes 35 seconds East, a distance of 40.11 feet; Thence North 00 degrees 17 minutes 24 seconds West, a distance of 235.21 feet; Thence North 88 degrees 15 minutes 57 seconds East, a distance of 415.46 to the POINT OF BEGINNING herein, containing 14.6118 acres of land area. WHEREAS, the history of this change is as follows: 1. On February 20, 1996, the Planning Commission recommended that the City Council approve the change. 2. On March 11, 1996, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The Council gave - everyone at the hearing an opportunity to speak and present _ written statements. The Council also. considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- . described change in the zoning map for the following reasons: i. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 13 3-11-9h 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed. change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded. by Councilmember Koppen Ayes - all NO ACTION TAKEN ON REQUESTS TO MAKE TWO CHANGES IN THE ZONING MAP: FROM CO - TO BC AND FROM F, CO AND LBC TO BC. > Preliminary Plat k. Mayor Bastian moved to approve the Parkview preliminary plat (received by the Citv on February 29. 1996). The developer shall complete the followin4 before the City Council approves the final plat: 1. Sign an agreement. with the City that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all City requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. 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, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. d. Install survey monuments along the wetland boundaries. e. Have NSP install street lights in three locations, primarily at street intersections'. The exact location and type of lights shall be subject to the City Engineer's approval. f. Pay the City for the cost of traffic-control, street identification and no parking signs. g. Provide all required and necessary easements. 14 3-11-9E h. Demolish or move the existing buildings on the site... Abandon any wells or septic systems, subject to the Environmental Health Official's approval. i. Construct an eight-foot-wide paved walkway and fencing between Lots 6 and 7, Block 2. This trail shall be between the street and the proposed sanitary sewer manhole on the west property line of Lot 6, Block 2. Also construct a 10-foot-wide paved walkway from the proposed sanitary sewer manhole on Lot 6, Block 2 to Lower Afton Road. The developer also shall provide a split-rail fence on both sides of the trail and shall install posts at each end of the trail to prevent cars or trucks from using the trail. The developer shall build the entire trail and any required fencing with the street. The City Engineer must approve these plans. Maplewood is requiring the developer to pay for the trail within the plat since the trail will provide access to the commercial buildings on Lower Afton Road and Mcknight for the residents of the new plat. j. Construct an eight-foot-wide un-paved walkway and fencing between Lots 11 and 12, Block 2. This trail shall be between the street and the north property line of the development. The developer also shall provide a split-rail fence on both sides of the trail within the development. The City Engineer must approve these plans. Maplewood is requiring the developer to pay for. the trail within the plat since the. trail will provide access to Battle Creek Park to the residents of the new - plat. 2.* Have the City Engineer approve final construction and Engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the City code. b. The grading plan shall: 1) Include proposed building pad elevation and contour information for each home site. 2) Include contour information for the land that the street construction will disturb. 3) Show sedimentation basins as required by the watershed board. 4) Show housing styles that reduce the grading on sites where the developer can save large trees. c. There shall be backyard drains connected to the storm sewer system in at least three locations in Block 3. These shall be between Lots 2, 3 and 9, between Lots 5, 6 and 8 and between Lots 10, 11 and 12. The developer shall dedicate all necessary easements for these drains and pipes. 15 3-11-9F d. Extend the storm sewer in Parkview Lane east to at least Lot 13, Block 3 and provide two additional catch basins in the street. , e. Change the grading and utility plans to follow the lot and street design on the preliminary plat received by the City on February 29, 1996. - f.* 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, species and location 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. g. The street and utility plans shall show a paved trail between Lots 6 and 7, Block 2 from Parkview Lane and Lower Afton Road. This trail shall be 8 feet wide from Parkview Lane to the sewer manhole and shall be 10 feet wide from the sewer manhole to Lower Afton Road. h. The streets shall be 28 feet wide from face to face of the concrete curb and gutter with no parking on one side. 3. Change the plat as follows: a. Make the utility easement between Lots 6 and 7, Block 2 and between Lots 1, 2 and 3, Block 1, a utility and pedestrian easement. This easement shall be at least 30 feet wide between Parkview Lane and the sanitary sewer manhole. b. Add drainage and utility easements as required by the City Engineer. c. Show the wetland boundaries on the final plat as approved by the watershed district. d. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. 4. Provide all easements required by the City Engineer. These shall include wetland easements over the wetlands. The easements shall cover the wetlands and any land within.100 feet surrounding the large wetland. The easement shall prohibit any building or structures within 100 feet of the wetland or any mowing, cutting, filling, grading or dumping within 100 feet of the large wetland or within the wetland itself. For the smaller wetlands, the easement shall be at least 20 feet wide. The purpose of the easements is to protect the water quality of the wetlands from fertilizer, runoff and to protect the wetland habitat from encroachment. 16 3-11-9h 5. Record the following with the final plat: a. A deed dedicating Outlot A to the City with a 100-foot- wide wetland buffer easement surrounding the wetland. b. A deed dedicating a wetland easement around the smaller wetlands along with a wetland buffer surrounding the easement. The City Engineer shall approve the width of this buffer based on the wetland classifications in the City code. c. A deed dedicating three feet of additional right-of-way along McKnight Road for future street widening. d. Cross easements between the Holiday site and the adjacent lots for.the shared-access driveways. The applicant shall submit the language for these dedications to the City for approval before recording. The - applicant shall show all the wetlands on the final plat. 6. Show the 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. 7. Obtain a permit from the Ramsey-Washington Metro Watershed District for any wetland filling. 8. Determine the elevation of the ordinary high water mark for the pond south of Lower Afton Road for the Department of Natural Resources. Apply for and receive any permits the DNR requires. 9. Dedicate cross easements for ingress, egress and maintenance between the proposed corner property shown as the proposed Holiday Stationstore and the adjacent parcels. If the developer decides to final plat part of the preliminary plat, the Director of Community Development may waive any conditions that do not apply to the final plat. 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 Street Width Reduction 1. Councilmember Carlson introduced the followin4 Resolution and moved its adoption: 17 3-11-96 96 - 03 - 39 STREET WIDTH CODE VARIATION , WHEREAS, Mr. John Peterson of Good Value Homes requested a variation from the City code. WHEREAS, this code variation applies to the Parkview development that is south of Lower Afton Road, north of Londin Lane and east of McKnight Road. WHEREAS, the legal description for this property is: That part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28, Range 22, Ramsey County, Minnesota; described as follows; Commencing at a cast iron monument found for the Northwest corner of said Section 12, thence South 00 degrees 17 minutes 21 seconds East, on an assumed bearing basis, along the West line of said Section 12, a distance of 362.00 feet; Thence North 88 degrees 15 minutes 57 seconds East, with the South line of the North 362 feet of said Northwest Quarter of the Northwest Quarter, a distance of 705.53 feet: Thence South 00 degrees 18 minutes 10 seconds. East, a distance of 265.08 feet to the POINT OF BEGINNING herein; Thence South 69 degrees 43 minutes 28 seconds East, a distance of 280.33 feet; Thence North 88 degrees 15 minutes 28 seconds East, a distance of 349.07 feet: Thence South 00 degrees 18 minutes 10 seconds East with the East line of the said .Northwest Quarter of the Northwest Quarter, a distance of 548.15 feet to the North right of way line of Londin Lane; Thence South 88 degrees 18 minutes 55 seconds West with said right of way line, a distance of 1067.16 feet; Thence North 00 - degrees 18 minutes 23 seconds West, a distance of 417.10 feet: Thence North 88 degrees 19 minutes 35 seconds East, a distance of 40.11 feet; Thence North 00 degrees 17 minutes 24 seconds West, a distance of 235.21 feet: Thence North 88 degrees 15 minutes 57 seconds East, a distance of 415.46 to the POINT OF BEGINNING herein. WHEREAS, Section 29.52(a)(9) of the Maplewood City Code requires that local residential streets shall be 32 feet in width, measured between faces of curbs. - WHEREAS, the applicant is proposing 28•foot-wide streets with no parking on one side. WHEREAS, this requires a variation of four feet. WHEREAS, the history of this variation is as follows: _ The Maplewood City Council held a public hearing on March 11, 1996. City staff published a notice. i n the Maplewood Review and sent notices to the surrounding property owners. The Council gave everyone at the .hearing a chance to speak and to present written statements. The Council also considered reports and recommendations from the City staff. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council approve the above- described variation subject to no parking on one side of the streets, all streets be aligned and given the name of Parkway Lane, and the developer paying the City for ` the cost of no•parking signs. Seconded by Councilmember Rossbach Ayes - all 18 3-11-96 MAYOR BASTIAN MOVED TO SUSPEND THE RULES OF PROCEDURE TO DISCUSS I-1,_I-5. I-6, J-1 AND M-1, WITH ALL OTHER REMAINING ITEMS TO BE TABLED TO THE MARCH 25. 1997 MEETING. '?ECONDED BY COUNCILMEMBER CARLSON AYES - ALL H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Project 95-17, TH 61 Water Main Improvements, Beam Ave. to Co. Road D Approve Plans Advertise for Bids a. Manager McGuire presented the staff report. b. Assistant City Engineer Matthys presented the specifics of the report. c. Councilmember Rossbach moved to denv the pro.iect. MOTION DIED FOR LACK OF A SECOND d. Councilmember Carlson introduced the following Resolution and moved its adoption: 95-03-40 APPROVING PLANS AND ADVERTISING FOR BIDS PROJECT 95-17, TH61 WATER MAIN WHEREAS, pursuant to resolution passed by the City Council on January 8, 1996, plans and specifications for Trunk Highway 61 Water Main, Project 95- 17, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF MAPLEWOOD, MINNESOTA:, 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 10:00 A.M., on the 3rd day of April, 1996, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five .percent of the amount of such bid. 19 3-11-9F 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the _ time and place herein noted, and to tabulate the bids received. , The Council will consider the bids, and the award of a contract, at the regular City Council meeting of June 24, 1996. Seconded by Councilmember Koppen Ayes - Mayor Bastian, Councilmembers Allenspach, Carlson, Koppen Nays - Councilmember Rossbach 2. Sign Code Amendment - Residential Signs (2nd Reading) TABLED TO MARCH 25, 1997 COUNCIL MEETING 3. Lawn Irrigation Ordinance TABLED TO MARCH 25, 1997 COUNCIL MEETING 4. Loitering Ordinance - 2nd Reading TABLED TO MARCH 25. 1997 COUNCIL MEETING 5. Professional Massage Center a. Manager McGuire presented the staff report. b. Parks & Recreation Director Anderson presented the specifics of the report. c. Councilmember Koppen moved to authorize entering into a formal agreement with Sister Rosalind Gefre's Professional Massage Center, to provide professional massage services at the Community Center effective June 1. 1996. Seconded by Councilmember Carlson Ayes - all 6. Update on St. Paul Water Utility Contract a. Manager McGuire presented the staff report. b. Mayor Bastian moved to give conceptual approval to the draft of the framework for the oreliminarv agreement with the St. Paul Water Utility. Seconded by Councilmember Carlson Ayes - all 7. Schedule Meeting to Discuss Commercial Property Study TABLED TO MARCH 25. 1997 COUNCIL MEETING 20 3-11-9F - J. NEW BUSINESS 1. Project 89-21, White Bear Avenue Improvements - Call for Public Hearing a. Manager McGuire presented the staff report. b. Assistant City Engineer Matthys presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. , d. Councilmember Rossbach introduced the following Resolution and moved its adoption: 96-03-41 CALLING FOR PUBLIC HEARING WHEREAS, the City Council for the City of Maplewood has received a report with reference to the improvement of White Bear Avenue, City Project 89.21, by construction of street improvements, and WHEREAS, the City Council has authorized execution of cooperative agreements for the design and construction of the improvements herein described: White Bear Avenue, from County Road C to I-694; County Road D, from White Bear Avenue to 1150 feet west. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The Council will consider the aforesaid improvement in accordance with the reports and the cost of the improvement according to the federal Surface Transportation Program (STP) at an estimated total cost of the improvement of $2,600,000. 2. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the 25th day of March, 1996, at 7 p.m. to consider said improvement. The City Clerk shall give published notice of said hearing and improvement. Seconded by Councilmember Carlson Ayes - all K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS NONE 21 3-11-9F M. ADMINISTRATIVE PRESENTATIONS 1. Past Mayors Meeting a. Councilmember Carlson moved to set March 25; 1996 at 6:00 P.M. as the date fora reception to present the pictures of former Maplewood mayors. Seconded by Councilmember Koppen Ayes - all N. ADJOURNMENT OF MEETING 11:19 P.M. Lucille E. Aurelius City Clerk 22 3-11-9h