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Home My WebLink About08-14-2000MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 14, 2000 Council Chambers, Municipal Building Meeting No. 00-16 A, B. C. D. E. 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 Cardinal. PLEDGE OF ALLEGIANCE: ROLL CALL: Robert Cardinal, Mayor Present Sherry Allenspach, Councilmember Present Kenneth V. Collins, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councihmember Present APPROVAL OF MINUTES: Councilmember Allenspach moved to approve the minutes of Meetin¢ No. 00-15 (July 24, 2000 as presented. Seconded by Councilmember Wasiluk Ayes -Mayor Cardinal, Councihnembers Allenspach, Collins, Wasiluk Abstain -Councilmember Koppen Councihember Wasiluk moved to approve the minutes of CounciUManager Workshop (July 24.20001 as presented. Seconded by Councilmember Allenspach Ayes -Mayor Cardinal, Councilmembers Allenspach, Collins, Wasiluk Abstain -Koppen APPROVAL OF AGENDA: Councilmember Collins moved to approve the Agenda as amended: Ml. St. Paul Regional Water Services M2. Dispatching M3. Compost Site Seconded by Councilmember Allenspach Ayes -all 1 F. APPOINTMENTS/PRESENTATIONS: None G. CONSENT AGENDA: Councihnember Koppen moved to approve the Consent Agenda as presented. Seconded by Councilmember Allenspach Ayes -all 1. Approval of Claims Approved the claims. ACCOUNTS PAYABLE: $106,411.97 Checks #8342 thnx #8346 dated 7-18 thru 7-19-00 $531,083.37 Checks #50691 thru #50804 dated 7-25-00 $187,270.10 Disbursements via debits to checking account dated 7-18 thru 7-24-00 $34,525.07 Checks #8347 thru #8348 dated 7-25 thru 7-28-00 $761,768.64 Checks #50807 thnx #50911 dated 8-1-00 $108,325.88 Disbursements via debits to checking account dated 7-25 thru 7-31-00 $76,768.07 Checks #8349 thru #8350 dated 7-28 thnx 8-1-00 $62,497.16 Checks #50914 thnx #50982 dated 8-8-00 $576,266.97 Disbursements via debits to checking account dated 8-1 thru 8-7-00 $2,444,917.23 Total Accounts Payable PAYROLL: $455,856.91 Payroll Checks and Direct Deposits dated 7-21-00 $23,181.74 Payroll Deduction check #79564 thru #79569 dated 7-21-00 $338,844.43 Payroll Checks and Direct Deposits dated 8-4-00 $24.689.30 Payroll Deduction check #79755 thru #79762 dated 8-4-00 $842,572.38 Total Payroll $3,287,489.61 GRAND TOTAL 2. Towns of New Century Final Plat (New Century Boulevard, north of Highwood Avenue) Approved the Towns of New Century final plat, subject to the county recording the deeds, deed restrictions and covenants required by the city. 2 3. 4. 5. 6. 7 Surplus Properly Disposal Authorized disposal of the following equipment at State auction: - City Unit #535, 1986 Ford LN8000 single-axle dump/plow truck. S.N. 1FDYR80U3GVA58316 - City Unit #538, 1986 Ford LN8000 single axle dump/plow truck. S.N. 1FDYR80U3GVA58317 Alcohol Compliance Grant Approved participation in the alcohol compliance program and acceptance of the grant funds. Temporary Gambling -Hill Murray School Approved the application for a temporary gambling license for Hill-Murray School to conduct a raffle on October 18, 2000. Temporary Strong Beer and Wine License - Church of St. Jerome Approved the application for a temporary one day strong beer and wine license to the Church of Saint Jerome for their fall festival on September 17, 2000. Certification of Election Judges Adopted the following resolution, accepting election judges: RESOLUTION 00-08-080 RESOLUTION ACCEPTING ELECTION NDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2000 Primary Election, being held on Tuesday, September 12, 2000: PRECINCT NO. 1 Audrey Duelhnan Delores Fastner Mazie Grenz Joan Kolasa Marvella Lackner Louise Nieters Schroepfer, Harriet PRECINCT N0.2 Betty Granger Jacqueline Hayne Barbara Johnson ;oseph Kolasa Bose Marie Manders Esther Maudal James Nieman Elizabeth Olson Jacque Phillippi Milo Thompson PRECINCT N0.3 Jaime Belland Pat Blank Jean Dickson Kathy Dittle Barbara Gallagher Jeff Janacek Rosemary Koch Pat Thompson Carmen Tomaszewski Gene Wandersee PRECINCT N0.4 Geraldine Callahan Lori Colliander Virginia Dehn Grace Dornfeld Fred DuCharme Walter Hayde Carol Knauss Maryanne Kuperschmidt Bazbara Leiter Joan Misgen David Pehl Lorraine Rosauer Jessica Ryden Mary Vante John Willy Steve Young PRECINCT NO. 5 Anne Cardenas Diane Droeger Mazge Dvorak Betty Eddy Shiny Evertz Thelma Ling Blaine Markie Patricia Tmmble Cecilia Tucker 3 PRECINCT NO. 6 Elizabeth Adams Joan Button Margaret Cokley 3. `Mae Davidson MaryAnn Franssen John Henry Richard Lambert William Little RoseMarie Rossi PRECINCT N0.7 Jeanette Bunde Ron Kockelman Rita Lally Howazd Muraski Mazy Ann Schneider Don Schroepfer PRECINCT NO. 8 Gerald Behm John Eineke Bob Flood Bevery Gelao Gloria Kittel Claire Mazkie Karyl Petersen Rita Taylor Sandra Wittmann PRECINCT NO.9 Elsie Anderson BerniceDel Monte Kumud Desai Grace Locke Carol Mahre Katherine Mollers Lorraine Petschel Bazbara Vandeveer PRECINCT NO. 10 loan Cornell Ann Fallon Betty Haas Mona Krekelberg Neva Nomtan Marlene Reitmann D. Franklin Tolbert Lillian Yekaldo PRECINCT NO. 11 Lorraine Fischer Mary Fischer Rita Fredrickson Edward Kuehnel Betty Mossong Ruth Prettner Louis Spies PRECINCT NO. 12 Lucille Cahanes Jennifer Hollerbach Don Jungmann Margaret Kunde Jackie Meyer Arthur Monica Beverly Ogilvie Phyllis Pauly Larry Schaaf Evelyn Skluzacek PRECINCT NO. 13 Anne Fosburgh Mark Gilstad Diane Golaski Anna Mae Rogan Don Jungmann PRECINCT NO. 14 Shirley Lumell Carol Berger Constance Hines Helen King Anita Larson Delores Lofgren Kenneth Sullivan PRECINCT NO. 15 Margaret Ameberg Delores Fitzgerald Guy Grant Carol Harare Lorraine Lauren Richard Lofgren Delores Marsch Elaine Rudeen Florence Sajevic Theresa Sullivan Geraldine Trooien Martha Wells PRECINCT NO. 16 Joan Bartelt Carol Berthianume Catherine Falenzer Carolyn Eickhoff Mary Grant Carol Harare Mildred Iversen Gayle Wasmundt 4 8. Resolution Authorizing Execution of Sub-Grant Agreement Adopted the following resolution, authorizing execution ofSub-Grant Agreement RESOLUTION 00-08-081 RESOLUTION AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, enter into a Sub-grant agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1333 DR-MINNESOTA. Acting City Manager Ken Haider is hereby authorized to execute and sign such Sub-grant Agreements and amendments as are necessary to implement the project on behalf of the City of Maplewood. H. PUBLIC HEARINGS: 7:00 P.M. Comprehensive Plan Update -Historic Resources Management Plan (4 votes) a. Mayor Cardinal convened the meeting for a public hearing. b. Acting City Manager Haider introduced the staff report. c. Community Development Director Coleman presented the specifics of the report. d. Commissioner Dale Trippler presented the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Robert Overby, 1829 Furness Street, Maplewood Char Wasiluk, 1740 Frank Street, Maplewood Pete Boulay, 1100 E. County Road C, Maplewood Mayor Cardinal closed the public hearing. Councihnember Koppen asked that funding for the Maplewood Historical Commission be discussed at the next City CounciUManager Workshop meeting. Councilmember Koppen moved to put the Historic Resources Management Plan in the Comprehensive Plan. Seconded by Councihnember Wasiluk Ayes -all a. Mayor Cardinal convened the meeting for a public hearing. b. Acting City Manager Haider introduced the staff report. c. Community Development Director Coleman presented the specifics of the report. d. Commissioner Dale Trippler presented the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. No one came forward. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the first reading of the following ordinance changine Section 36-151 Business Commercial) District: ORDINANCE NO. 803 g AN ORDINANCE CHANGING SECTION 36-151 (BUSINESS COMMERCIAL) DISTRICT The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This section changes Sections 36-151(a)(1) as follows (additions are underlined and the deletions are crossed out): (1) A dwelling unit for one family is permitted in-eambinxtien with a business use. The dwelling unit and the principal business use must be in the same structure. Section 2. This ordinance shall take effect after the city publishes it in the official newspaper. Seconded by Councilmember Collins Ayes -all I. AWARD OF BH)S 1. Public Works Building Roof - 1902 E. County Road B Acting City Manager Haider introduced the staff report. Mayor Cardinal moved to adopt the following Resolution for Award of Bid for the replacement of the roof at 1902 East County Road B to Sela Roofine in the amount of $135.500 and that money be transferred from the contingency fund in the amount of $32.500 to Acct. 101-115-000-4730: RESOLUTION 00-08-082 RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of SELA Roofing in the amount of $135,500 is the lowest responsible bid for replacement of the public works building roof at 1902 East County Road B 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 Councihnember Collins Ayes -Mayor Cardinal, Councilmembers Allenspach, Collins, Wasiluk Nays - Councilmember Koppen J. UNFINISHED BUSINESS 1. Highpoint Ridge (County Road D and Highway 61) a. Acting City Manager Haider introduced the staff report. b. Community Development Director Coleman presented the specifics of the report. 1. Frank Frattalone, the applicant, discussed the traffic control issue with the council. 2. Ed Terhaar, Senior Transportation Engineer, Benshoof & Associates, Inc., also discussed the traffic control issue with the council. Mayor Cardinal moved to open the meeting for public testimony regarding the traffic stud] only. Seconded by Councilmember Koppen Ayes -Mayor Cardinal, Councilmembers Koppen, Wasiluk Nays -Councilmembers Allenspach, Collins c. Mayor Cardinal opened the meeting for public testimony, calling for proponents or opponents. The following persons were heard: Jeff Bradt, 1236 Summit Court, Maplewood Jim Haas, 3016 Frank Street, Maplewood Shirley Jones, 3049 Walter Street, Maplewood Scott Milton, 2965 Edward Street, Maplewood Kim Esch, 2993 Carey Heights Drive, Maplewood Dan Jurgens, 1225 Summit Court, Maplewood Brent Jorgenson, 1235 Summit Court, Maplewood Valerie Bradt, 1236 Summit Court, Maplewood Mike Esch, 2993 Carey Heights Drive, Maplewood Jeff Bradt, second appearance 7 Robert Polzer, 1852 Walter Street, Maplewood Bruce Mogren, 10116 - 67th Lane North, Stillwater Brent Jorgenson, second appearance Scott Milton, second appearance Jeff Bradt, third appearance d. Mayor Cardinal closed the public hearing. A. Comprehensive Plan Changes - (4 votes) - R-1 (single dwellings), R-1S (single dwellings -small lot) and M-1 (light manufacturing) to R-3(M) (residential medium density) - Drop planned minor collector street Councilmember Koppen moved to adopt the following Land Use Plan Change Resolution which chances the land use plan for the Hiehrooint Ridge residential. develoroment. south of County Road D west ofHighway 61. These changes are from R-1 (single dwellings) R-1S (single dwellings - small lot) and M-1 (light manufacturing) to R-3(Ml (residential medium density) for the site and drop the planned minor collector street between County Road D and Highway 61: Seconded by Councilmember Wasiluk Ayes -Councilmembers Koppen, Wasiluk Nays -Councilmembers Collins, Allenspach Abstain -Mayor Cardinal The motion failed. Councilmember Wasiluk moved to approve the following resolution approvine the land use plan chance for the proposed townhomes and the single-family homes, and leaving the proposed anariment house area unchanged (this remains M-11. RESOLUTION 00-08-083 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Frank Frattalone proposed changes to the city's land use plan from R-1 (single dwellings), R-1S (single dwellings -small lot) and M-1 (light manufacturing) to R-3(IVi) (residential medium density) for the site. WHEREAS, this change applies to property for the Highpoint Ridge PUD south of County Road D and west of Highway 61 in Section 4, Township 29, Range 22, Ramsey County, Minnesota. WHEREAS, the applicant also requested a change to the land use plan to drop the planned minor collector street between County Road D and Highway 61. WHEREAS, the history of this change is as follows: 1. On June 19, 2000, 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 western part of the proposed plan (west of the existing M-1 zoning line), including the plan amendment for the area west of the M-1 line. 2. On July 10, 2000, the city council discussed the proposed land use plan changes. They considered reports and recommendations from the planning commission and city staff. 3. On August 14, 2000, the city council again considered the above-referenced requests. NOW, THEREFORE, BE IT RESOLVED that the city council approve changes for the following reasons: 1. The development would be consistent with the goals and objectives of the comprehensive plan. 2. The town house site in the development is proper for and consistent with the city's policies for medium and high-density residential uses. These include: a. Creating a transitional land use between the existing and proposed low density residential and commercial land uses. b. It is on an arterial street and is near a collector street. 3. This development will minimize any adverse effects on surrounding properties because: a. The proposed single dwellings will separate the proposed town houses from existing homes. b. There should be no significant traffic increase from this development on existing local residential streets. The proposed street pattern keeps the town house traffic separate from the proposed and existing single dwellings. 4. The city nor the developer plan to build the proposed collector street between County Road D and Highway 61 because the of the existing and proposed grades, the existing power lines and the existing pipelines make it difficult to build a street in this area. Seconded by Councilmember Koppen Ayes - Councihnembers Allenspach, Collins, Koppen, Wasiluk Abstain -Mayor Cardinal B. Conditional Use Permit (CUP) for a Planned Unit Development (PUD) Councilmember Allenspach moved to adopt the following Conditional Use Permit Resolution approving a conditional use nennit for a planned unit development for the Highpoint Ridge housing development: RESOLUTION 00-08-084 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Frank Frattalone, representing Frattalone Excavating, applied for a conditional use permit (CUP) for the Highpoint Ridge residential planned unit development (PUD). WHEREAS, this change applies to undeveloped property for the Highpoint Ridge PUD south of County Road D and west of Highway 61. The legal description of these properties are: PID: 04-29-22-12-0009-5 Description: PLAT.03032 SECTION 4 TOWN 29 RANGE 22 EX E 160 FT THE S 100 FT OF N 358 FT OF E 9 ACRES OF NW 1/4 OF THE NE 1/4 OF SEC 4 TN 29 RN 22 PID: 04-29-22-12-0008-2 Description: PLAT.03032 SECTION 4 TOWN 29 RANGE 22 EX E 160 FT THE S 202 FT OF N 560 FT OF E 9 ACRES OF NW 1/4 OF THE NE 1/4 OF SEC 4 TN 29 RN 22 PID: 04-29-22-12-0001-1 Description: PLAT.03032 SECTION 4 TOWN 29 RANGE 22 E 100 FT OF N 158 FT OF NW 1/4 OF NE 1/4 (SUBJ TO RD) IN SEC 4 TN 29 RN 22 PID: 04-29-22-12-0002-4 Description: PLAT.03032 SECTION 4 TOWN 29 RANGE 22 EX N 158 FT LYING E OF CAREY HEIGHTS DRIVE AS SD DRIVE IS DESC IN DOC NO 1634533; THE N 1443.8 FT OF PART OF NW 1/4 OF NE 1/4 LYING ELY OF WLY LINE OF SD DRIVE. ALSO, E 130 FT OF PART OF SD 1/4 1/4 LYING S RN 22 PID: 04-29-22-12-0010-5 Description: PLAT.03032 SECTION 4 TOWN 29 RANGE 22 SUBJ TO CO RD AND WITH RD ESMT AND EX E 160 FT THEN 258 FT OF E 9 ACRES OF NW 1/4 OF NE 1/4 OF SEC 4 TN 29 RN 22 PID: 04-29-22-12-0006 Description: PLAT.03032 SECTION 4 TOWN 29 RANGE 22 S 100 FT OF N 1044 96/100 FT OF PART WLY OF CL OF RD ESMT IN DOC 1634533 OF E 9 ACRES NW 1/4 OF NE 1/4 (SUBJ TO ESMTS) IN SEC 4, TN 29, RN 22 PID: 04-29-22-11-0006 Description: THE WESTERN PART OF THE FOLLOWING PARCEL THAT THE CITY HAS ZONED F (FARM RESIDENCE): ALL THAT PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4), OF SECTION 4, TOWNSHIP 29, RANGE 22, EXCEPT THE EAST 661.6 FEET OF THE NORTH 1,006 FEET, AND SUBJECT TO COUNTY ROAD D, AND SUBJECT TO A GAS PIPELINE EASEMENT LOCATED THEREON 10 PID: 04-29-22-12-0007-9 Description: THE SOUTH 224 96/100 FEET OF THE NORTH 834 96/100 FEET OF THE EAST 9 ACRES OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 4, TOWN 29, RANGE 22, EXCEPT THE EAST 160 FEET THEREOF, TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS BY FOOT AND BY VEHICLE TO AND FROM THE ABOVE DESCRIBED PROPERTY OVER AND ALONG THE FOLLOWING DESCRIBED PROPERTY TO WIT: THE WEST 60 FEET OF THE EAST 160 FEET OF THE NORTH 834.96 FEET OF THE EAST 9 ACRES OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 4, TOWNSHIP 29, RANGE 22 All in Section 4, Township 29, Range 22, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: On June 19, 2000, the planning commission recommended that the city council approve the western part of the proposed development for the permit. 2. On July 10, 2000, 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. 3. On August 14, 2000, the city council again considered this conditional use permit. NOW, THEREFORE, BE IT RESOLVED that the city council the western part of the proposed development (west of the existing M-1 area) of the above-described conditional use permit, because: 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 exisfing or planned character of the surrounding area. 3. The use would not depreciate properly 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, glaze, 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. 11 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 and preliminary plat date-stamped June 30, 2000, except where the city requires changes. The developer shall revise the grading, utility, tree planting and other project and construction plans to follow the site plan and preliminary plat dated June 30, 2000. The city council may approve major changes. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3.* Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, streets, trails, tree and driveway and parking lot plans. 4. The design of the ponds shall be subject to the approval of the city engineer. The developer shall give the city an easement for this pond and shall be responsible for getting any needed off-site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the pond, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Remove the debris, junk, garbage and travel trailers from the site. 6. This approval does not include the final design approval for the duplexes, townhomes or for the apartment buildings. The developer shall submit the final building, landscaping and site plans for these to the community design review board (CDRB) for approval by the CDRB. 7. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable lots for any outlot in the preliminary plat before the city will issue a building permit. 8. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes - Councilmembers Allenspach, Collins, Koppen, Wasiluk Abstain -Mayor Cardinal 12 C. Preliminary Plat Councihnember Allenspach moved to approve the western part of the Highpoint Ridge preliminary plat (received by the city on June 30.2000). except the proposed aparhnent and townhouse site in the existing M-1 area. The developer shall complete the following before the city council approves the final plat: 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. Have NSP install Group V rate street lights in at least nine locations -primarily at street intersections and street curves. The exact style and location shall be subject to the city engineer's approval. d. Pay the city for the cost oftraffic-control, street identification and no pazking signs. e. Provide all required and necessary easements. f. Demolish or remove the existing house and gazage at 1170 County Road D, and all other buildings, scrap metal, debris and junk from the site. g. Cap and seal all wells on site that the owners are not using; remove septic systems or drain fields, subject to Minnesota rules and guidelines. Within one year of the contractor installing the sanitary sewer, the owners of the existing houses on Carey Heights Drive shall connect their houses to the sanitary sewer. h. Complete all the curb and gutter on Duluth Street and on Cazey Heights Drive on the south side of the site. This is to replace the temporary cul-de-sac, repair the cul-de- sac pavement and restore and sod the boulevards. For the trails, complete the following: (1) Construct aneight-foot-wide paved walkway and two-rail split-rail fencing between Lots 4 and 5, Block 1, between the street and the proposed east/west trail in Block 3, and along the north side of the lots in Block One (in the easement area) as shown on the plat date-stamped June 30, 2000. The developer shall extend the west end of the trail in Lot 3, Block One into the city park to connect to the existing pazk trail. All trails between lots shall be in a 18-foot-wide trailway or pedestrian way or in easement areas. (2) The developer shall install atwo-rail split-rail fence on both sides of each trail and posts at the end of the trails to prevent motorized vehicles from using the trail. 13 (3) The developer shall build the trails and fencing with the streets. (4) The city engineer must approve these plans. j. Install signs where the driveways for the twin homes and for the town houses intersect the public streets indicating that they are private driveways. 2.* Have the city engineer approve final construction and engineering plans. These plans shall be revised to remove the proposed apartments and townhomes in the M-1 area and to follow the site plan and preliminary plat dated June 30, 2000, and shall include the grading, utility, drainage, erosion control, tree, trail, sidewalk and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) House pads that reduce the grading on sites where the developer can save lazge trees. (4) The proposed street and trail grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood fiber blanket, be seeded with a no maintenance vegetation and be stabilized before the city approves the final plat. (6) All retaining walls on the plans. Any retaining walls taller than 4 feet require a building permit from the city. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9) A minimum of a 10-foot-wide, 10:1 bench below the normal water elevation (NWL) of any pond designed to be a wet pond. The depth of the pond below the NWL shall not exceed four feet. 14 c.* The tree plan shall: (1) Be approved by the city engineer before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the replacement trees. The deciduous trees shall be at least two and one half (2 ''h) inches in diameter and shall be a mix of red and white oaks, ash, lindens and sugar maples. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine and other species. (4) Show no tree removal beyond the approved grading and tree limits. (5) Include for city staff a detailed planting plan and material list. (6) Be revised to group the new trees together. These planting areas shall be around the ponding areas, on the steep slopes, along the common property lines between residences and along all of the proposed trails. The developer may use the tree groupings to separate the different types of residences. (7) Show the planting of at least 242 trees after the site grading is done. d. The street, trail and utility plans shall show: (1) Paved walkways and two-rail split-rail fences in a trailway or pedestrian way as shown on the proposed plans. This shall include the trail between Lots 4 and 5, Block 1, in Block 3 (as revised), between Block 1 and Block 3 (under the power lines), connecting to the existing park trail to the west of the site and on the east side of English Lane (Ridge Lane) to connect to the proposed apartment site. The parks and recreation director shall approve their locations and design. (2) The public streets shall be a 9-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (3) All the streets, parking areas and driveways with continuous concrete curb and gutter. (4) All public street right-of--ways shall be at least 60-feet-wide. (5) The completion of the curb and gutter on the north end of Duluth Street and the existing Carey Heights Drive cul-de-sac, the repair or replacement of the cul-de-sac pavement and the restoration and sodding of the boulevards around the cul-de-sac. 15 (6) A connection between the proposed water main in Block 3 and the proposed water main system on the southerly part of the plat. The developer also shall make a connection between the proposed water main on Lydia Avenue at Highway 61 and the existing water main on the west side of Highway 61, south of Guldens. (7) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Available fire flow analysis shall be determined for the water system at the proposed apartment complex as well as through the existing 8-inch and 12- inch crossings of Highway 61 at Beam Avenue. Fire flow requirements shall be verified with the Maplewood Fire Department. (8) All utility excavations located within the proposed right-of--ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (9) A reduced number of sanitary and storm sewer manholes and water main bends by "cutting corners" with the utility alignments. The developer's engineer shall verify with the SPRWS the acceptable water main alignments and crossings. Manholes maybe offset from the street centerline if the result lessens the number of structures. (10) Provisions for public utilities and service(s) to the vacant or undeveloped properties on the south side of the proposed Lydia Avenue. e. The drainage plan shall ensure that there is no increase in the rate of storm water run- off leaving the site above the current (predevelopment) levels. 3. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Revise the lot lines in Block One and Block Three so there is a 18-foot-wide trail or pedestrian way between Lots 4 and 5, Block One and between Lots 6 and 7 or between Lots 8 and 9, Block Three to accommodate the proposed trails. d. Show the existing pipeline and the NSP and pipeline easements on the final plat. e. Show all public street right-of--ways at 60 feet wide. Make as many of the property lines as is reasonably possible radial to the cul-de-sacs or perpendicular to the street right-of--ways. 16 g. If necessary, increase the lot widths for the lots next to the pipeline to ensure that the house pads will be at least 100 feet away from the pipeline. (code requirement) h. Change the street names as follows: (1) Carey Heights Drive shall be used only in Block 2 (Phase One) of the project. The north/south street between Outlot A and Outlot B shall be Duluth Street. (2) Highpoint Court shall be called Ridge Place. (3) English Lane shall be called Ridge Lane. (4) The cul-de-sac in Block 3 shall be called Highridge Court. Show the extra ten-feet of street right-of--way for County Road D. 4. Secure and provide all required easements for the development including: a. Any off-site drainage and utility easements. b. Any necessary easements for the dedication and construction of Lydia Avenue. 5. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 6. Record the following with the final plat: a. All homeowners association documents. b. A deed restriction prohibiting the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects Lots 3 through 6, Block 1 and Lots 7 through 18, Block 3 of the proposed preliminary plat the city received on June 30, 2000. The developer also shall notify the purchasers of the pipeline location. c. A deed dedicating 10 feet of additional right-of--way along County Road D for future street widening with the final plat. The applicant shall submit the language for this dedication to the city for approval before recording. d. A covenant or deed restriction with the final plat that prohibits the driveways on Lots 1, 23, 24, 25, 26, and 36, Block 3 from going onto County Road D. e. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 17 7. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 8. The owners of the properties at 1174 and 1176 County Road D shall change the addresses of their properties to Carey Heights Drive addresses within 30 days of the contractor installing the base bituminous course for the new public street in front of their homes. 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. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Seconded by Councilmember Wasiluk Ayes - Councihnembers Allenspach, Collins, Koppen, Wasiluk Abstain -Mayor Cardinal D. No Parking for One Side of Private Streets and Driveways Councilmember Allenspach moved to adopt the following No Parking Resolution for the on-street narking standards and no on-street parking requirements for the Highhpoint Ridge PUD south of County Road D and west of Highway 61: RESOLUTION 00-08-085 NO PARHING RESOLUTION WHEREAS, Maplewood has approved a residential PUD and preliminary plat known as Highpoint Ridge. WHEREAS, the developer wants to have reduced street right-of--way widths and reduced street pavement widths in this development. WHEREAS, the city has approved reduced street right-of--way widths and reduced street pavement widths in the development, subject to on-street parking restrictions. WHEREAS, Section 29-52(b) of the city code allows variations from the city code standards if they do not affect the general purpose of the city code. NOW, THEREFORE, IZIS HEREBY RESOLVED that Maplewood prohibits the parking of motor vehicles on both sides of all public streets less than 28 feet wide and prohibits parking on one side of the public streets that are 28 feet to 32 feet wide in the Highpoint Ridge PUD south of County Road D and west of Highway 61 in Section 4-29-22. Seconded by Councilmember Wasiluk Ayes - Councilmembers Allenspach, Collins, Koppen, Wasiluk Abstain -Mayor Cardinal 18 b. Chief Winger presented the specifics of the report. No action was taken on this item. 3. Deer Management Code Addition (First Reading) a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. Councilmember Allenspach moved to approve the first reading of the following ordinance chan¢ine Chapter 7: adding Article VII: Deer Mana eg ment: ORDINANCE N0.804 P AN ORDINANCE CHANGING CHAPTER 7; ADDING ARTICLE VII: DEER MANAGEMENT The Maplewood City Council approves the following additions to the Maplewood Code of Ordinances: Chapter 7 Sections '7-215--7-220 Reserved Article VII. DEER MANAGEMENT Sec. 7-221. Prohibiting feeding of deer It shall be unlawful for any person or group to place, or permit to be placed on the ground or within four (4) feet of the ground surface, either on property owned or controlled by such person or on property owned by others, unless it is screened in a manner which prevents deer from feeding thereon, any grain, fodder, salt licks or any other food including feed for birds, which may reasonably be expected to result in, deer feeding thereon. (a) Exceptions 1. Feeding programs or efforts undertaken by to City of Maplewood in accordance with the deer management plan or by the Department of Natural Resources for same; 2. Veterinarians, City animal control officers or county, state or federal game officials who, in the course of their duties, have deer in their custody; and 3. Any food places upon the property for the purpose of entrapping or otherwise taking deer where such trapping or taking is pursuant to a permit issued by the Minnesota Department of Natural Resources. 19 Sec.7-222 Regulations No person shall, within the limits of the City, hunt or engage in the business of deer removal, unless such person shall be acting on the City's behalf and obtained a special permit in conjunction with the City of Maplewood's Deer Management Program. Sec. 7-223 Application of the deer management program. (a) Every person desiring to be part of our deer management program (azchery hunt or sharpshooting) must become a member of Metro Bow Hunters Resource Base ~~)• (b) Sharpshooting (rifles), may be utilized, and organizations desiring to provide these services will be required to submit bids annually. Sec. 7-224 Violations of Article or rules, obstruction of deer management program or order of City council; etc. (a) No person shall obstruct or interfere with the City's authorized deer management program or threaten, intimidate, obstruct or interfere with any authorized deer management program or agent providing such services to the City of Maplewood. (b) No person shall touch, damage, manipulate, disengage, make inoperative, or otherwise tamper with a deer trap or other deer removal equipment or material which is being used as part of the City's authorized deer management program. (c) No person shall be within 100 feet of a deer trap or other deer removal equipment or material being used as part of the City's authorized deer management program unless the person is on land which he/she owns or has the express permission of the City, the City's authorized agent, or the owner of the property where the trap or removal equipment or material is located. (d) No person shall enter any azea which the City or County has closed to the public as part of the City's authorized deer management program if the City has provided notice of such closure by conspicuously posted signs or other reasonable means. Sec. 7-225 Violations and Penalties. (a) Any person violating, or otherwise refusing to comply with any provisions of this Ordinance shall be guilty of a misdemeanor and subsequent penalties shall apply. Sec. 7-226 This ordinance shall take effect after the City publishes it in the official paper. Seconded by Councihnember Koppen Ayes -all K. NEW BUSINESS 1. Establish Budget for Sod Repair, Gervais Avenue Improvements, Project 96-02 a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. 20 Councilmember Koppen moved to authorize anot-to-exceed budget of $4,280 for sod reroair• Gervais Avenue Improvements, Project 96-02, and authorize the Finance Director to make the necessar~aproropriations for funding this work. Seconded by Councilmember Allenspach Ayes -all 2. Overnight Parking Ordinance a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. Mayor Cardinal moved to make the following changes to the Overnight Parking Ordinance as follows: Sec. 18-27. Same-Nighttime: prohibited hours: temporary special permit ~ Parkinp of any vehicle upon any street or road in the city between the hours of 2:00 a.m. and 6:00 a.m. is hereby prohibited. Seconded by Councilmember Koppen Ayes -all 3. Cooperative Agreement, Metropolitan Council Environmental Services, Project 99-02 a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. Councilmember Allenspach moved to approve the Construction Cooperation Agreement between the City of Maplewood and the Metropolitan Council Environmental Services in which the city agrees to construct a meter station for the Metropolitan Council. Seconded by Councihember Wasiluk Ayes -all 4. Public Safety Dispatcher and Dispatch Supervisor Classes a. Acting City Manager Haider introduced the staff report. Councilmember Collins moved to table this item until the CounciUManager Workshop on August 28.2000. Seconded by Councihnember/Mayor Ayes -Mayor Cazdinal, Councilmembers Collins, Koppen, Wasiluk Nays -Allenspach 5. 2001 Proposed Budget a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. 21 Councihnember Allenspach moved to schedule a Special City Council meeting on Wednesday. September 6 2000 at 5:00 P.M.. and to continue at the regular Council Meeting on September 11, 2000 to review the budget. approve a proposed tax levy and set budget hearin dg ates prior to the September 15 deadline to have the proposed tax levy for 2001 and budget hearing dates certified to Ramsey Countv. Seconded by Councihnember Wasiluk Ayes -all Mayor Cardinal requested that Finance Director Faust submit the budgets for the last tens years, 1990 through 2000, showing the proposed council approved and actual final totals, so that the public will have access to this information at the public hearings. L. VISITOR PRESENTATIONS St. Paul Police Outdoor Range -Linwood Avenue Mayor Cardinal asked if there was anyone who would like to address the council on the St. Paul Police Range on Linwood Avenue. The followings persons were heard: Kristin Smith, 2535 Hillwood Drive, Maplewood Julie Lagerstrom, 2572 Oakridge Court, Maplewood Lynn Hadeler, 2547 Oakridge Court, Maplewood Joe Lehn, 2553 Hillwood Drive, Maplewood Linda Groppoli, 2564 Oakridge Court, Maplewood Wayne Bestland, 2479 Hillwood Drive, Maplewood Councilmember Allenspach moved to have Police Chief Winger send a letter to St. Paul makine them aware of the neighborhood concerns and getting some dialogue going with them to see if improvements are possible. Seconded by Mayor Cardinal Ayes -all Tern Evans, 2519 Hillwood Drive, Maplewood Kristin Smith, second appearance 2. Stan Stepson, 2508 Forest Street, Maplewood, is the Chair of the Board of Trustees for the Maplewood Covenant Church. They would like to put up a larger sign on their church which would require a variance. They are unable to pay the variance fee and are asking the council to waive the fee. Mayor Cardinal said the council would consider the request and get back to the church within 30 days. 3. Russ Pearson, Vice President of Pearson Brothers, Inc., was present to inform the council of his dissatisfaction with the city's bidding process regarding the sealcoat project. City Attorney Kelly and Mr. Pearson's attorney are discussing this. 4. Robert Polzer, 1852 Walter Street, Maplewood, addressed the council on several personal issues. 22 M. COUNCIL PRESENTATIONS 1. St. Paul Regional Water Services -Mayor Cardinal said that St. Paul Regional Water Services will be contacting the city regarding some things that need to be cleaned up in the way of title. Acting City Manager Haider said that staff has been working on this and that the final documents have been recorded and the titles are in the process of being transferred. 2. Dispatching - Councihnember Koppen said that he was absent when there was a vote to bring back the dispatching services and he felt that there should have been a public hearing before this decision was made. 3. Compost Site - Councihnember Koppen said he has gotten a lot of feedback from residents complaining about how come the council closed the composite site without coming up with an alternative site. Councilmember Koppen said the city should work with Ramsey County to have an altemative site. Acting City Manager Haider said that the county has looked for alternative sites in the past and has not come up with any. N. ADMIlVISTRATIVEPRESENTRTIONS 1. Peace Site Banner -Mayor Cardinal indicated the Peace Flag in the Council Chambers which designates it as a peace site and that all Maplewood government buildings are peace sites. O. ADJOURNMENT Councihnember Allenspach moved to adjourn the meetine at 10:35 P.M. Seconded by Councihnember Wasiluk Ayes -all Karen E. Guilfoile, City Clerk 23