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HomeMy WebLinkAbout05-28-2002MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Tuesday, May 28, 2002 Council Chambers, Municipal Building Meeting No. 02-11 A. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:07 P.M. by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present D. APPROVAL OF MINUTES Councihnember Collins moved to approve the Council Workshop Minutes of Map 13 2002 as presented. Seconded by Councilmember Wasiluk Ayes-All Councihnember Wasiluk moved to approve the City Council Minutes of Mav 13 2002 meeting No. 02- 09 as amended. Seconded by Councilmember Juenemann Ayes-All E. APPROVAL OF AGENDA Ml. Beauer Lake School M6. Ventura Letter M2. National Night Out M7. Mayor's Forum M3. NEST Commission M8. 3M M4. Hunger Awareness M5. Tree City Coun cilmember Wasiluk moved to ap prove the Agenda as amended. Seconded by Councilmember Juenemann Ayes-All F. APPOINTMENTS/PRESENTATIONS 1. Community Design Review Board Appointment Councilmember Collins moved to appoint Diana Lonerie-Kline to the Maplewood Community Design Review Board for the unfinished term that would end on January 1 2003. Ciry Council Meeting OS 28-02 t Seconded by Councilmember Wasihik G. CONSENT AGENDA Ayes-All Councilmember Collins moved to approve the Consent Agenda items 1-5 and 8-10 as presented. Seconded by Councilmember Juenemann Ayes-All Councilmember Wasiluk moved to approve consent agenda items 6-7 as presented. Seconded by Councilmember Juenemann. 1. Approval of Claims Ayes-Mayor Cardinal, Councilmembers Collins, Wasiluk and Juenemann Abstain-Councilmember Koppeu ACCOUNTS PAYABLE $100,994.47 Checks #57698 thru #55703 dated 5/6 thru 5/9/02 $175,722.18 Checks #57704 thra #57762 dated 5/14/02 $190,968.02 Disbursements via debits to checking account dated 5/3 thru 5/13/02 $34,821.56 Checks #57763 thru #57769 dated 5/14 thru 5/17/02 $215,728.36 Checks #57770 thni #57828 dated 5/21/02 $1,517,638.92 Disbursements via debits to checking account dated 5/10 thm 5/20/02 $2,235,873.51 Total Accoruits Payable PAYROLL $380,904.17 Payroll Checks and Direct Deposits dated 5/10/02 $32,194.45 Payroll Deduction checks #88976 thru #88983 dated 5/10/02 $413,098.62 Total Payroll $2,648,972.13 GRAND TOTAL 2 City Council Meeting OS-28-02 2. Water Utility Board of Commissioners Approved the Joint Powers Agreement for subluban representation selection process to the Board of Water Commissioners, with Mayor Cardinal as one of two representatives through December 31, 2002. Resolution Adoption for LCDA Opportunity Grant-English Street /Frost Avenue Neighborhood Adopted the following resolution showing the city council's intent to comply with the Livable Communities Demonstration Grant contract requirements for the requested $40,000 Opportunity Grant for planning purposes: RESOLUTION 02-OS-093 RESOLUTION FOR AUTHORIZING AN APPLICATION FOR AN OPPORTUNITY GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, The City of Maplewood is a participant in the Livable Communities Act's Housing Incentives Program for 2002 as determined by the Metropolitan Council, and is therefore eligible to make applicarion for funds under the Livable Communities Demonstration Account; and WHEREAS, the city has identified a proposed project within the city that meets the Demonstration Account's purpose and criteria; and WHEREAS, the city has the instihrtional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the city certifies that it will comply with all applicable laws and regulations as stated in the contract agreements: and WHEREAS, the city council of the City of Maplewood, Minnesota agrees to act as legal sponsor for the project contained in the opportunity grant application submitted on May 15, 2002. THEREFORE, BE IT RESOLVED, that the city manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Maplewood and to execute such agreements as are necessary to implement the project on behalf of the applicant. 4. Conditional Use Permit Review-Maplewood Fire Station Number 2 (1955 Clarence Street) Approved to review the conditional use permit for Maplewood Fire Station Number 2 at 1955 Clarence Street again in one year. 5. Conditional Use Permit Review-Wheeler Lumber Outdoor Storage Yard (English St. and Gervais Ave.) Approved to review the conditional use permit for the Wheeler Lumber landscape material center on the southwest corner of English Street and Gervais Avenue again only if a problem arises or it the owner or operator proposes a major change to the site. City Council Meeting OS-28-02 6. Temporary Gambling License-St. Paul East Parlcs Lions Club Adopted the following resolution approving the application for a temporary gambling license for St. Paul East Parlcs Lions Club: RESOLUTION 02-OS-094 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawfirl gambling is approved for the St. Paul East Parks Lions, 1821 North Myrtle Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, BE IT FURTHER RESOLVED that this resolution by the City Council of Maplewood, Minnesota be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Juenemami Ayes -All 7. Temporary 3.2 Beer Permit-St. Paul East Parlcs Lions Club Approved the application far a temporary 3.2 beer permit for St. Paul East Parks Lions Club. 8. Temporary Intoxicating Liquor and Temporary Food-Junior Achievement Approved the temporary intoxicating liquor and food permit for Junior Achievement. At the request of Councihnember Collins, staff will request that organizers hire a Maplewood Police Officer to enforce intoxicating liquor laws. 9. EMS Coats-Fire Department Approved the purchase of 110 EMS coats in the amount of $17,900 to public safety marketing. 10. Lifeguard Services-Bellaire Beach, White Bear Township Approved the lifeguard services agreement as prepared for White Bear Township. H. PUBLIC HEARINGS 1. 7:00 Conditional Use Permit-Oversized Accessory Building (Schlomka)-1481 Henry Lane a. Assistant City Manager Coleman presented the report. b. Associate Planner Roberts presented the specifics of the report. 4 City Council Meeting OS-28-02 a Commissioner Rossbach presented the Planning Commission report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following -- persons were heard: Larry Schlomka, 1481 Henry Lane, Maplewood e. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to adopt the following resolution approving a conditional use permit for the construction of a metal pole building that would measure 48-feet by 66-feet (3,168 square feet and 18.5 feet in height for the property at 1481 Henry Lane: RESOLUTION 02-OS-095 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Gary Schlomka is requesting that City of Maplewood approve a conditional use permit to build a 48-foot by 66-foot, 3,168 square foot, and 18.5-foot high metal storage building storage building on his property. WHEREAS, this conditional use permit applies to the property at 1481 Henry Lane. The property identification number is 24-28-22-31-0017 and the legal description is: Section 24, Township 28, Range 22, Except the North 500 feet, part lying 22. WHEREAS, the history of this conditional use permit is as follows: On May 6, 2002, the planning commission recommended that the city council approve this permit. 2. On May 28, 2002, 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 city council opened the public hearing and allowed everyone at the heu-ing a chance to speak and present written statements. The city council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit based on the building and site plans. The city approves this 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. The use would not change the existing or plaimed 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 City Councit Meeting OS-28-02 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. 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: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The applicant shall obtain all necessary building permits prior to resuming construction of the pole barn. Within two years of the issuance of the CUP, the applicant will remove five detached accessory structures from the property as shown on the approved site plan and described as follows: the two garages located on the east side of the property, the machine shed, the garden shed and the wood shed. The applicant shall also clean the site of all old automobiles and other junk items, as well as clean the Ramsey County Open Space Fish Creek area to the north of all old automobiles dumped there years ago.. 4. The pole barn shall not be used for commercial or business activities, other than agricultural related uses as specified in the Farm Residence zoning district, unless the city council approves such a request. 5. The conditional use permit shall be reviewed by the city council in one year. This permit shall be 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 applicant shall obtain all necessary building permits prior to resuming construction of the pole barn. 3. Within two years of the issuance of the CUP, the applicant will remove five detached accessory structures from the property as shown on the approved site plan and described as follows: the two garages located on the east side of the property, the machine shed, the garden shed and the wood shed. The applicant shall also clean the site of all old automobiles and other junk items, as well as clean the City Comici] Meeting OS-28-02 Ramsey County Open Space Fish Creek area to the north of all old automobiles dumped there years ago. 4. The pole barn shall not be used for commercial or business activities, other than agricultural related uses as specified in the Farm Residence zoning district, unless the city council approves such a request. 5. The conditional use permit shall be reviewed by the city council in one year. Seconded by Councilmember Koppen Ayes-All 2. 7:15 House Moving Request (Crockett)-Sylvan Street a. Assistant City Manager Coleman presented the report. b. Associate Planner Roberts presented the specifics of the report. c. Commissioner Rossbach presented the Planning Commission report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Bart Crockett, Owner of the Property Roy Muscoletto, 1736 Gurney Street, Maplewood Bart Crockett, Second Appearance George Harwell, 1726 Abel Street, Maplewood Michael Bisson, 1758 Sylvan Street, Maplewood Carol Dubbe, 1756 Sylvan, Maplewood Cindy Syring, 15 Kingston, Maplewood e. Mayor Cardinal closed the public hearing. Councihnember the applicant can provide the city with solid fiQUres on the cost of remodeling the home. Seconded by Councilmember Juenemann Ayes-All A five-minute break was taken. 3. 8:52 Kline Nissan Vehicle Dealership-3100 Maplewood Drive A. Wetland Setback Variance B. Conditional Use Permit C. Design Approval a. Assistant City Manager Coleman presented the report. b. Associate Planner Roberts presented the specifics of the report. o. Commissioner Rossbach presented the Planning Commission report. 7 City Council Meeting OS-28-02 d. Boardmember Olson presented the Community Design Review Board report e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Rick Kline, Owner, Kline Nissan £ Mayor Cardinal closed the public hearing. Councilmember 7uenemann moved to adopt the following resolution approving a 50-foot-wide wetland buffer variance for the proposed Nissan dealership at 3090 and 3110 Manlewood Drive: RESOLUTION 02-OS-096 VARIANCE RESOLUTION WHEREAS, Rick I{line, of Kline Auto World, applied for a variance from the zoning ordinance. WHEREAS, this variance applies to properties at 3090 and 3110 Maplewood Drive. The property identification numbers are 03-29-22-22-0002 and 03-29-22-22-0003. The legal description is: Tract "A", Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. WHEREAS, Section 36-196(h)(3) of the wetland protection ordinance requires a 100-foot-wide wetland buffer. WHEREAS, the applicant proposed a 25-foot-wide wetland buffer. WHEREAS, the city council approved a 50-foot-wide wetland buffer. WHEREAS, the history of this variance is as follows: 1. On May 6, 2002, the planning commission recommended that the city council approve this variance. 2. The city council held a public hearing on May 28, 2002. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required bylaw. 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 variance for the following reasons: 1. Strict enforcement-of the code would cause undue hardship because of circumstances unique to 8 City Council Meeting OS-28-02 the property and not created by the property owner. The 100-foot-wide wetland buffer requirement would make development of this site difficult. 2. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve a portion of the wetland buffer substantially over its present state and will treat storm water from the site with a subsurface storm water infiltration system. 3. The city council previously approved similar wetland buffer variances for three developments near this proposal. Approval is subject to the applicant doing the following: Dedicating a 50-foot-wide wetland protection buffer easement along the wetland edge. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, f lling or dLUnping within the buffer. The applicant shall record this easement before the city will issue a building permit. 2. Submitting a revised graduig plan showing compliance with the required wetland dedications. The grading plan shall include grading to within 10 feet of the wetland edge, with restoration of the remaining 40 feet of wetland buffer consisting of native plantings to be approved by staff and the watershed district (see landscape requirement below). 3. Submitting a revised landscape plan for the restoration of 40 feet of the wetland-protection buffer. This plan shall be subject to staff and watershed district approval. Underground irrigation is required for all landscaped areas, exchiding the wetland protection buffer. 4. Installing city approved signs at the edge of the wetland-protection buffer that prohibit any building, mowing, cutting, filling or dumping within the buffer. 5. Submitting a signed maintenance agreement to the Ramsey/Washington Metro Watershed District and the city for maintenance of the subsurface storm water infiltration system that accepts responsibility for any necessary maintenance and upkeep of the system. Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Collins, Juenemann Nays-Councilmember Koppen, Wasiluk Councilmember Collins moved to adopt the following resolution approving the conditional use permit for the Nissan dealership at 3090 and 3110 Maplewood Drive: RESOLUTION 02-OS-097 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Rick Kline, of Kline Auto World, applied for a conditional use permit for a motor vehicle maintenance garage as part of a new Nissan dealership; WHEREAS, this permit applies to properties at 3090 and 3110 Maplewood Drive. The property identification numbers are 03-29-22-22-0002 and 03-29-22-22-0003. The legal description is: City Council Meeting OS-28-02 Tract "A", Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast comer of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. WHEREAS, the history of this conditional use permit is as follows: 1. On May 6, 2002, the planning commission recommended that the city council approve this permit. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city cormcil approved the above-described conditional use permit based on the building and site plans. The city approves this 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 existing or plamied 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, fiimes, 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. Approval is subject to the following conditions: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 10 City Council Meeting OS-28-02 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The applicant shall not load or unload vehicles on public right-of--way. 4. Cars can only be parked on designated paved surfaces. 5. The city council shall review this permit in one year. Seconded by Councilmember Koppen Ayes-All Councilmember Koppen moved to approve the desien approval for proposed Nissan dealershi~at 3090 and 3110 Maplewood Drive: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Before getting a building permit, the applicant must submit to staff for approval the following: 1) Dedicating a 50-foot-wide wetland protection buffer easement along the wetland edge. This easement shall be prepared by a land s>n'veyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a building permit. 2) Submitting a revised grading plus showing compliance with the required wetland dedications. The grading plan shall include grading to within 10 feet of the wetland edge, with restoration of the remaining 40 feet of wetland buffer consisting of native plantings to be approved by staff and the watershed district (see landscape requirement below). 3) Submitting a revised landscape plan for the restoration of 40 feet of the wetland- protectionbuffer. This plan shall be subject to staff and watershed district approval. Underground irrigation is required for all landscaped areas, excluding the wetland protection buffer. 4) A revised site plan showing the following revisions: a) A 50-foot setback for the parking lot from the wetland. The revised site plan shall include the reconfiguration ofthe parking stalls and will ensure that no vehicle display pad encroaches into the required wetland buffer. b) Aright-turn-lane from Highway 61 into the site, subject to MnDOT's approval. c) A trash enclosure that matches the building in material. This enclosure shall not be placed in required parking spaces. It must have a 100 percent opaque closeable gate. If the trash dumpster is kept inside the building, an outdoor enclosure is not required. 11 City Council Meeting OS-28-02 5) Verification that all watershed district special provisions, as indicated on the watershed district permit, are met prior to issuance of a building or grading permit for the site. 6) A revised south building elevation showing five windows and a smooth faced band along the concrete block to align with the windows. The banding shall also align with the metal panels located on the side. This revision is subject to staff approval. 7) Combine the two parcels (3090 and 3110 Maplewood Drive) into one parcel with Ramsey County. Proof of lot combination must be submitted prior to issuance of a building permit. 8) Applicant shall submit to staff for review and approval a striped parking plan which designates customer only parking spaces within the site plan. c. The applicant shall complete the following before occupying the building: 1) Replace any property irons removed because of this construction. 2) Install a reflectorized stop sign at the exit and ahandicap-parking sign for each handicap accessible parking space. 3) Construct a trash dumpster enclosure to meet code requirements, unless trash dumpsters are stored indoors. 4) Install an in-ground lawn irrigation system for the parking lot islands and the sodded areas between the highway and the parking lot. Lawn irrigation in the right-of--way may be waived if MnDOT will not allow it. It is also waived in the wetland buffer area. 5) Post signs identifying the customer and employee parking spaces. 6) Install city approved wetland buffer signs at the edge of the wetland buffer easement that notifies that no building, mowing, cutting, filling or dumping is allowed within the buffer. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is nonessential to the public health, safety or welfare. 2) The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter or within six weeks if the building is occupied in the spring or summer. e. This approval does not include signage. All proposed signs must comply with the city's sign ordinance and the applicant must obtain all required sign permits prior to installation. f. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Wasiluk Ayes-All 12 _ City Council Meeting OS-28-02 4. 9:33 Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue) A. Conditional Use Permit for a Planned Unit Development (PUD) B. Street Right-Of--Way and Easement Vacations C. Preliminary Plat a. Assistant City Manager Coleman presented the report. b. Associate Planner Roberts presented the specifics of the report. c. Commissioner Rossbach presented the Planning Commission report. Councilmember Collins moved to extend the meetine until all agenda items are addressed. Seconded by Councilrnember Juenemann Ayes-All d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Laurence Olson, LSJ Engineering, Representing the Developer of Beaver Lake Townhomes Mark Dorling, 1115 Sterling Street North, Maplewood Kay Peterson, 1085 Mary Street, Maplewood Margaret Lutfey, 1076 Mary Street, Maplewood Bob Zick, 1880 E. Shore Drive, Maplewood Kevin Berglund, 1929 Kingston Avenue, Maplewood Joan Dorling, 1115 Sterling Street North, Maplewood Will Rossbach, 1386 E. County Road C, Maplewood Kay Peterson, Second Appearance Mark Dorling, Second Appearance Bob Zick, Second Appearance . Kevin Berglund, Second Appearance e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for a planned unit development for the Beaver Lake Townhome development on the south side of Maryland Avenue between Sterling Street and Lakewood Drive: RESOLUTION 02-OS-098 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for a conditional use permit (CUP) for the Beaver Lake Townhomes residential planned unit development (PUD). WHEREAS, this permit applies to undeveloped property for the Beaver Lake Townhomes PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25, Township 29, Range 22, Ramsey County, Minnesota. (PINS 25-29-22-21-0010 and 25-29-22-21-0011.) 13 City Council Meeting OS-28-02 WHEREAS, the history of this conditional use permit is as follows: 1. On April 15, 2002, the planning commission recommended that the city council approve this permit. 2. On May 28, 2002, 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. The council tabled action on the development request until May 14, 2001. 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 miiurnal 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 plans date-stamped March 12, 2002 except for the following changes: a. Revising the grading and site plans to show: (1) No gradmg or ground disturbance in the park dedication area and in the wetland and stream buffer areas except: (a) As allowed by the watershed district. (b) For the utilities, trails and footbridge. 14 City Council Meeting OS-28-02 (2) The required trails and sidewalks. (3) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (4) The developer minimizing the loss or removal of natural vegetation including keeping and protecting the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor near the rear of proposed buildings 26-34. (5) All driveways at least 20 feet wide. If the developer wants to have parking on one side of a driveway, then that driveway must be at least 28 feet wide. (6) All parking stalls with a width of at least nine feet and a length of at least 18 feet. b. The developer deeding the area labeled "Park Dedication" on the plans to the City of Maplewood. This dedication is to help protect the most sensitive natural features on the site and would protect this part of the site from building, fences, mowing, cutting, filling, grading, dumping or other ground disturbances. This dedication also would help ensure the natural linear or corridor aspect of the site (primarily around the stream) main as it is now. The Parks and Recreation Director shall approve the land or the area(s) for dedication to the city. The city shall use the Greenways grant from the DNR, while matching the state dollars with city open space money, (as is required) to buy the protected area along the stream and wetlands labeled as Park Dedication on the plan dated March 12, 2002. The city council may approve major changes to the plans. 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: a. Include grading, utility, drainage, erosion control, streets, trails, sidewalks, tree, driveway and parking lot plans. b. Show no grading or ground disturbance (except where utilities or trails are installed) in the: (1) Required wetland and stream buffer areas. (2) Park Dedication area. This land will be for city park and open space purposes. The developer and contractors shall protect the park dedication area, including the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor, from encroachment from equipment, grading or filling. City-required trails are allowed in the buffer and park dedication areas. c. Include a storm water management plan for the proposal. 15 City Council Meeting OS-28-02 d. Include a coordinated plan with the public works department for the design and installation of the sanitary sewer lines or for the repair or realignment of the existing sanitary sewer line that runs through the site. 4. The design of the ponds shall meet Maplewood's design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for getting any off-site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, 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 the 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. d. Install survey monuments along the wetland boundaries. e. Remove any debris, junk or fill from the wetlands, stream corridor, park dedication area and site. £ Install asix-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. The developer's engineer shall show this sidewalk on the grading and construction plans. The city engineer shall approve the details of these plans. g. Construct aneight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: (1) From Private Driveway A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. (2) From Private Driveway D in the east side of the site, between Lots 21 and 22 to near the stream in the center of the site. The trail must have a surface that is not impervious when the trail is in a wetland or stream buffer area. The developer's engineer shall design the trails to follow the existing property contours and proposed utility corridors to save as many trees as possible and to minimize the amount of grading necessary to install the trails. h. Restore all disturbed areas within the stream corridor and park dedicafion area with a native seed mix approved by the watershed district and by the city engineer. 6.* The developer shall give the city wetland easements over the wetlands and the stream. The easements shall cover the wetlands and any land within 50 feet surrounding a wetland. The easements also shall cover the stream and any land within 50 feet of the top of the stream bank. These easements shall prohibit any building, mowing, cutting, filling or dumping within fifty feet of the wetland and the stream or within the wetland itself. The purpose of this easement is to protect 16 City Council Meeting OS-28-02 the water quality of the wetlands and the stream from fertilizer and to protect the wetland and stream habitat from encroachment. 7. The approved setbacks for the principal structures in the Beaver Lake Townhome PUD shall be: a. Front-yard setback (from a private driveway): minimum - 20 feet, maximum - 35 feet b. Front-yard setback (public side street): minimum - 25 feet, maximum - 40 feet c. Rear-yard setback: none d. Side-yard setback (town houses): minimum - 5 feet to a property line and 10 feet minimum between buildings e. Side yard setbacks (apartments): 20 feet minimum between buildings 8. This approval does not include the design approval for the townhomes or for the apartments. The project design plans, including architectural, site, lighting, tree and landscaping plans, shall be subject to review and approval of the community design review board (CDRB). The projects shall be subject to the following conditions: a. Meeting all conditions and changes as required by the city council. b. The buildings in the shoreland district shall have a maximum height of 25 feet (unless the city council approves taller structures). c. The developer shall design the structures to reduce their visibility from the lake. This shall include using vegetation, topography, increased setbacks, color or other means to accomplish the screening. The city may require additional vegetation to help screen these facilities: d. For the driveways: (1) Minimum width - 20 feet. (2) Maximum width - 28 feet. (3) All driveways less than 28 feet in width shall be posted for "No Parking" on both sides. Driveways at least 28 feet wide may have parkng on one side and shall be posted for no parking on one side. e. Showing all changes required by the city as part of the conditional use permit for the planned unit development (PUD). 9. The city shall not issue any building permits for conshuction 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. 10. The developer paying the city $94,000 in Park Availability Charges (PAC fees) for this development. 17 City Council Meeting OS-28-02 11. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes-All Councilmember Koppen moved to adopt the following resolution approving a street right-of-way and easement vacations for the Beaver Lalce Townhomes (Lakewood Drive and Maryland Avenue)_ RESOLUTION 02-OS-099 STREET RIGHT-OF-WAY VACATION RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following described street right-of--ways: That part of the Sterling Street right-of--way as a roadway easement according to the document filed with Ramsey County lying within the West 25 feet of the East 58 feet of Lot 5, Block 2, Beaver Lake Addition. 2. That part of Magnolia Avenue (formerly known as Cherry Avenue) as platted in Beaver Lake Addition lying between the east right-of--way line of Lakewood Drive (the west line of Lot 8, Block 2, Beaver Lake Addition extended south) and the east property line of Lot 7, Block 2, Beaver Lake Addition extended south. All in Section 25, Township 29, Range 22 in Ramsey County. WHEREAS, the history of these vacations is as follows: On April 15, 2002, the planning commission recommended that the city council approve these street vacations. 2. On May 28, 2002, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the abutthng 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. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: 1. Lot 5, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0010) 2. Lots 7 and 8, Block 2, Beaver Lalce Addition (PIN 25-29-22-21-0011) 3. The North 161.83 feet of the West 1/4 of the SE 1/4 of the NW 1/4 (subject to roads) of Section 25, Township 29, Range 22 (1070 Lakewood Drive North) (PIN 25-29-22-24-0072) 4. Except the North 290.66 feet of the West 1/2 North 677.06 feet of the West 1/2 of the SE 1/4 of the NW 1/4 (Subject to roads and easement) in SEC 25, TN 29, RN 22 (PIN 25-29-22-24-0073) All in Section 25, Township 29, Range 22, Maplewood, Ramsey County, Minnesota. 18 City Council Meeting OS-28-02 NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described vacation since it is in the public interest based on the following reasons: 1. The adjacent properties have adequate street access. 2. These right-of--ways are not needed for the public purpose of street construction. 3. The developer will be building private streets and driveways in the project. RESOLUTION 02-OS-100 EASEMENT VACATION RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacafion of the following- described easements: That part of the following sanitary sewer easement according to document number 15044841ying within Lots 7 and 8, Block 2, Beaver Lalce Addition, described as follows: Beginning on the West line of the Northeast quarter of the Northwest quarter of Section 25, Township 29, Range 22, a distance of 603 feet South of the Northwest corner of said Northeast quarter of Northwest quarter; thence East 153 feet; thence South 185 feet; thence South 85 degrees, 03 minutes East 172.9 feet; thence South 1 degree 38 minutes 30 seconds West a distance of 80 feet; thence South 88 degrees 21 minutes, 30 seconds East a distance of 170.25 feet snore or less to a point on the West line of the 50 foot sewer easement hereinafter described, all of the foregoing being over Lot 8, Block 1 and Lots 7 and 8, Block 2, Beaver Lake Addition. All lying south of Maryland Avenue and between Lakewood Drive and Sterling Street in Section 25, Township 29, Range 22, Maplewood, Minnesota. WHEREAS, the history of this vacation is as follows: 1. On April 15, 2002, the planning commission recommended that the city council approve these vacations. 2. On May 28, 2002, 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. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves these vacations, public interest in the property will go to the following abutting property: Lot 8, Block 1, Beaver Lake Addition and Lots 7 uld 8, Block 2, Beaver Lake Addition (PIN 25-29-22-21- 0011) All in Section 25, Township 29, Range 22, Ramsey County, Minnesota 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. 19 City Council Meeting OS-28-02 2. The city and the adjacent property owners have no plans to build a street or utilities in these locations. The adjacent properties have access to public streets and utilities. Seconded by Councilmember Collins Ayes-All Councilmember Koppen moved to adopt the preliminary-plat for Beaver Lake Townhome development on the south side of Maryland Avenue between Sterlin~Street and Lakewood Drive. The developer shall complete the following 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. Have Xcel Energy install Group V rate street lights in at least 15 locations -primarily at streef and driveway intersections and street or driveway 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 parking signs. e. Provide all required and necessary easements. f. Cap, seal and abandon any wells that maybe on the site, subject to Minnesota rules and guidelines. g. Complete and replace as necessary all curb and gutter on Sterling Street and on Maryland Avenue. This is to replace the existing driveways and driveway aprons on these streets. This shall include the repair of the pavement and the restoration and sodding of the boulevards. h. For the trails and sidewalks, complete the following: (1) Construct an eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. All trails between lots shall be in apublicly-owned pedestrian way or outlot. (2) The developer also shall build asix-foot-wide sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. 20 City Council Meeting OS-28-02 (3) 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. (4) The developer shall build the trails, sidewalks and fencing with the driveways and streets before the city approves a final plat. (5) The city engineer must approve these plans. Install permanent signs around the edge of the wetland and stream 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. The developer or contractor shall install these signs before the city issues building permits in this plat. j. Install survey monuments along the wetland boundaries. k. Install survey monuments and signs along the edges of the area labeled "Park Dedication." These signs shall explain that the area beyond the signs is a public park area and that there shall be no building, fences, mowing, cutting, filling, dumping or other ground disturbance in that area. The developer or contractor shall install these signs before the city issues building permits in this plat. 1. Install signs where the driveways for the apartments 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 include grading, utility, drainage, erosion control, tree, trail, sidewalk, driveway 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 building 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) Building pads that reduce the grading on site where the developer can save large trees. 21 City Council Meeting OS-28-02 (4) The street, driveway 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. These slopes shall be protected with wood fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the fmal plat. (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (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) Additional information for the property south of the project site. This shall include elevations of the existing ditch, culverts and catch basins and enough information about the storm water flow path from the proposed ponds. (10) Emergency overflows between Lots 8 and 9, Lots 21 and 22 and south of proposed building 42 (out of proposed ponds 1, 3 and 4). The overflow swales shall be protected with permanent soil-stabilization blankets. (11) Restoration in the stream corridor and park dedication area being done with native seed mix or vegetation as approved by the city engineer and by the watershed district. c.* The tree plan shall: (1) Be approved, along with the landscaping, by the Community Design Review Board (CDRB) 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. 22 City Council Meeting OS-28-02 (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2 ^) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other nafive species. The coniferous trees shall be at least eight (8) feeftall and shall be a mix of Black Hills Spruce, Austrian pine and other species. (4) Show no tree removal in the buffer zones, park dedication areas or beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be: (a) near the ponding areas (b) on the slopes (c) along the trails (d) along the east side of Lakewood Drive to screen the proposed buildings from Beaver Lake (e) along the south side of the site (west of Sterling Street) to screen the development from the existing house to the south The developer may use the tree groupings to separate the different types of residences. (7) Show the planting of at least 270 trees after the site grading is done. d. The street, trail, sidewalk and utility plans shall show: (1) An eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. The parks and recreation director shall approve their locations and design. (2) The public streets and driveways 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. 23 City Council Meeting OS-28-02 (3) All the streets, parking areas and driveways with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. (4) The removal of the unused driveways and driveway aprons and the completion of the curb and gutter on Sterling Street and on Maryland Avenue and the restoration and sodding of the boulevards. (5) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (6) All utility excavations located within the proposedright-of--ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (7) The plan and profiles of the proposed utilities. (8) Details of the ponds and the pond outlets. The outlets shall be protected to prevent erosion. (9) A coordinated sewer realignment and reconstruction plan. The city engineer must approve the sanitary sewer realignment plans. (10) Asix-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. e. The drainage plan shall ensure that there is no increase in the rate of storm water run- offleaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. 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. b. Show the wetland boundaries on the final plat as approved by the watershed district. 24 City Council Meeting OS-28-02 c. Show the park dedication boundary and area on the final plat. d. Make as many of the property lines as is reasonably possible radial to the cul-de-sacs or perpendicular to the driveways and street right-of--ways. e. Show street names for the driveways as follows: (1) Private Driveway A in the west one-half of the site shall be called "Beaver Creek Parkway." (2) Private Driveway B in the west one-half of the site shall be called "Beaver Creek Lane." (3) Private Driveway D in the east one-half of the site shall be called "Sterling Circle." (4) Private Driveway E in the east one-half of the site shall be called "Sterling Lane." £ Show the existing pipelines and pipeline easements on the final plat. g. If necessary, increase the lot widths for the lots next to the pipeline to ensure that the building pads will be at least 100 feet away from the pipeline. (code requirement) h. Label the common areas as outlots. i. Show the trails in publicly owned property or easements. j. Show the area between buildings 8 and 9 and buildings 21 and 22 as separate outlots and dedicate each of these to the city. 5. Secure and provide all required easements for the development. These shall include: a. Any off-site drainage and utility easements. b. Wetland and stream easements over the wetlands and any land within 50 feet surrounding a wetland and a stream. The easement shall prohibit any building or structures within 50 feet of the wetland or stream or any mowing, cutting, filling, grading or dumping within 50 feet of the stream, wetland or within the wetland itself. c. A stream buffer easement that is at least 50 feet wide on each side of the stream that crosses the site. The easement shall prohibit any building, structures or any mowing, filling, cutting, grading or dumping within 50 feet of the ordinary high water mark (OHWM) of the stream. 25 City Council Meeting OS-28-02 The purpose of these easements is to protect the water quality of the stream and wetlands from fertilizer and runoff. They also are to protect the stream and wetland habitat from encroachment. d. Any easements the city needs for the realignment of the sanitary sewer through the site. 6. Sign a developer's 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. Provide for the repair of Lakewood Drive, Maryland Avenue and Sterling Street (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the driveways. d. Work with the city as necessary for the realignment of the sanitary sewer through the site. This sewer project also will require an assessment agreement between the developer and the city to compensate the city for the benefit that the developer receives from the city sewer construction. 7. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any additional driveways (besides the one new driveway shown on the project plans) from going onto Lakewood Drive and onto Maryland Avenue. c. A deed restriction prohibiting the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects Lots 1 through 3, Lots 19 through 24 and buildings 41 and 42 of the proposed preliminary plan the city received on March 12, 2002. The developer also shall notify the purchasers of the pipeline location. d. A deed dedicating a stream buffer easement (50 feet from the top of each stream bank) for the stream that crosses the site. e. Deeds for the stream and wetland buffer easements surrounding the stream and the wetlands. 26 City Council Meeting OS-28-02 f. 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. g. A deed that transfers the ownership of the park dedication area to Maplewood. h. Deeds that transfer the ownership of the outlots between buildings 8 and 9 and buildings 21 and 22 to the city. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. Submit the homeowners' association bylaws and rules to the Director of Community Development. These are to assure that there will be one responsible party for the maintenance of the private utilities, driveways and structures. 9. Show the wetland boundaries on the plat as approved by the Watershed District. 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 fmal plat. If needed, the developer shall change the plat to meet wetland regulations. 10. 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. 11. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 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 Collins Ayes-Mayor Cardinal, Councihnembers Collins, Koppen, Wasiluk Nays-Councihnember Iuenemann Councilmember Koppen moved to adopt the following resolution approving the on street parking standards for the Beaver Lake Townhome develo ment: RESOLUTION 02-05-101 NO PARKING RESOLUTION WHEREAS, Maplewood has approved a residential PUD and preliminary plat known as Beaver Lake Townhomes. WHEREAS, the developer wants to have reduced street right-of--way widths, reduced street pavement widths and reduced private driveway widths in this development. 27 City Council Meeting OS-28-02 WHEREAS, the city has approved reduced street right-of--way widths, reduced street pavement widths and reduced driveway 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, IT IS HEREBY RESOLVED that Maplewood prohibits the parking of motor vehicles on both sides of all public streets and driveways less than 28 feet wide and prohibits parking on one side of the public streets and driveways that are 28 feet to 32 feet wide in the Beaver Lake Townhome PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25-29-22. Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councihnembers Collins, Wasiluk, Koppen Nays-Councihnember Juenemann Councilmember Koppen moved to authorize city staff to s end up to $400,000 of the open space funds for the 8.9 acres which would include the $150,00 matching_grant form the DNR Greenways Program. Staff was also directed to make the developer aware that the city would like to see his participation in the open space program. Seconded by Councilmember Collins L AWARD OF BIDS None J. UNFINISHED BUSINESS None K. NEW BUSINESS Ayes-All 1. Intoxicating Liquor License-Nico Kotsopoulos-Mama Mia's-3094 White Bear Avenue a. Assistant City Manager Coleman presented the staff report. b. City Clerk Guilfoile presented the specifics of the report. c. The following person was heard: Nico Kotsopoulos, Owner, Mama Mia's, 3094 White Bear Avenue, Maplewood Joanne Kotsopoulos, Mama Mia's, 3094 White Bear Avenue, Maplewood Councihember Koppen moved to approve the intoxicating and Sunday liquor license applications for Nico Kotsopoulos for Mama Mia's located at 3094 White Bear Avenue. Seconded by Councilmember Wasiluk Ayes-All 28 City Council Meeting OS-28-02 2. Eldridge Avenue Improvements-McMenemy to Desoto, City Project 01-29: Resolution Accepting Feasibility Report and Calling Public Hearing a. Assistant City Manager Coleman presented the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Collins moved to adopt the following resolution acceptin tg he report and calling for a public hearing for 7:00 p.m., Monday, June 10, 2002, for the Eldridge Avenue Improvements. Seconded by Councihnember Juenemann Ayes-Mayor Cardinal, Councihnembers Juenemann, Collins and Koppen Nays-Councilmember Wasiluk (Absent from chambers) Joy Road and TH 120 Signal System Improvements, City Project 02-O1: Approve Memorandum Of Understanding for Right of Way Purchase by MnDOT a. Assistant City Manager Coleman presented the staff report. b. City Engineer Ahl presented the specifics of the report. Councihnember Juenemann moved to adopt a motion approving the Memorandum of Understanding with MnDOT and approving the dedication of right of way as shown on the attached map to MnDOT for the Joy Road/TH 120 Signal System, City Project 02-O1: Seconded by Councilmember Koppen Ayes-All 4. County Road DExtension-Hazelwood to TH 61, City Project 02-07: Approve Request to Xcel Energy for Project Participation a. Assistant City Manager Coleman presented the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Koppen moved to approve a motion requesting Xcel Energy participation in the study and implementation of the County Road D Extension Project, City Project 02-07, and indicating the city's desire to implement the proiect as soon as practical. Seconded by Councilmember Collins Ayes-All Edgerton-Roselawn Signal System, City Project 02-05: Concur with Bid Award by Ramsey County a. Assistant City Manager Coleman presented the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Juenemann moved to adopt a motion concurring with Ramsey County in awarding a 29 City Council Meeting OS-28-02 construction contract to People's Electric, Inc. in the amount of $144,639.00 for the Edgerton/Roselawn Signal Replacement Project, City Proiect 02-05, with a city cost share to be 78,815.77 to be financed through reimbursement from MSAS funds. Seconded by Councilmember Koppen Ayes-All 6. Trunk Highway 120 Turnback, Lower Afton Road to Woodbine Avenue: Resolution of Municipal Concurrence of County State Aid Highway System Designation a. Assistant City Manager Coleman presented the staff report. b. City Engineer Ahl presented the specifics of the report. Councihnember Wasiluk moved to adopt the attached resolution concurring with the Trunk Hi way turnback of TH 120 between Lower Afton Road and Woodbine Avenue from MnDOT to Ramsey and Washington County. RESOLUTION 02-05-102 MUNICIPAL CONCURRENCE OF COUNTY STATE AID HIGHWAY SYSTEM DESIGNATION TRUNK HIGHWAY 120 TURNBACK LOWER AFTON ROAD TO WOODBINE AVENUE WHEREAS, the Minnesota Department of Transportation and Ramsey County have entered into a Memorandum of Understanding which provides for the consolidation of roadway jurisdictions in Ramsey County; and WHEREAS, the Memorandum of Understanding includes a consolidation plan, prepared in conjunction with municipalities of Ramsey County; and WHEREAS, the consolidation plan provides for the turnback of State Trunk Highway 120 from Lower Afton Road to Woodbine Avenue to Ramsey County; and WHEREAS, Ramsey County intends to accept the jurisdictional change on or about August 1, 2002, and will place one-half (.625 mi.) of the 1.25 mile segment on its County State Aid Highway system. The other one- half (.625 mi.) will be placed onto Washington County's system. NOW, THEREFORE, BE IT RESOLVED BY THE CTI'Y COUNCIL OF MAPLEWOOD, MINNESOTA: That the City Council of the City of Maplewood concurs with the establishment and designation of the turnback segment of State Trunk Highway 120 from Lower Afton Road to Woodbine Avenue as a County State Aid Highway (CSAH) in Ramsey County under provisions of Minnesota Law, subject to the approval of the Commissioner of Transportation of the State of Minnesota. 2. That the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation of the State of Minnesota, and upon his approval of the designation of the said roadway or portion thereof, that the same be constructed, improved, and maintained as a County State Aid Highway in Ramsey County, to be numbered and known as County State Aid Highway 120. 30 City Counci] Meeting OS-28-02 Seconded by Councilmember Koppen Ayes-All '; L. VISITOR PRESENTATIONS Will Rossbach-1386 E. County Road C-Discussed whether Kohlman Creek is classified as a stream or a ditch for purposes of development. 2. Peter Fischer-2443 Standrich, Maplewood-A neighbor of Mr. Fischer called 911, and the first ambulance responded within 10 minutes with only one firefighter. The second, 10 minutes thereafter. He feels the city really needs to consider full time firefighters for medical or fire emergencies. Chief Lukin informed the council September 11 is the targeted date for adding possibly 6 full-time firefighters. 3. Bob Zick-1880 East Shore Drive-Would like to be on the council agenda June 10 to address the Cable Commission Public Access Television PEG fees. 4. Kevin Berglund-1929 Kingston Avenue-Felt it was a tragedy that Mr. Zick was not appointed to the Cable Commission. Mr. Berglund also felt the development at Beaver Lake would endanger the turtle population. M. COUNCIL PRESENTATIONS Beaver Lake School-Councilmember Wasiluk invited everyone to a celebration at the Beaver Lake Playground and field Thursday, May 30, 5:30 p.m. to dusk for fun and food. 2. National Night Out-Councilmember Juenemann reiterated that National Night Out will be back in the neighborhoods this year. NEST Commission-Councilmember Koppen encouraged the public to use and promote the use of NEST. 4. National Hunger Awareness Day-Mayor Cardinal informed residents that Wednesday, June Sty' is the first ever National Hunger Awareness Day. 5. Governor Jesse Ventura's Letter-Mayor Cardinal Read the following letter into the record: Dear Mayor, For the last few months we have been arguing about money here at the Capitol-mostly about how to close significant short and long-term deficits. But today I'm not writing about how to close significant short and long-term deficits. But today I'm not writing about the reserves and the $400 million dollars a year of cuts that we've been arguing about since November. I want to talk about the $23 billion a year in overall spending that will still be available when the legislature has finally gone home. That's a lot of taxpayer money, and there is a lot that we can-and will-do with it. Those billions have to be carefully managed all year long. We are using two websites to show our key performance results for state government: www.BigPlanResults.state.mn.us and www.DepartmentResultsstate.mn.us. These sites show 31 City Council Meeting OS-28-02 several important results we want to achieve, our targets for performance, and how we are doing so far-good, bad, or indifferent. The Star Tribune editorial page described this as "a useful way for state government to fulfill its duty to be accountable to Minnesota citizens, no matter who is governor." That's what I want. Whether I run for re-election in the fall or not, I hope citizens will demand that any future governor will lay out the State's progress on results. My office uses the information on these sites as a management tool with commissioners and departments. We get regular progress reports and updates, and every week the Chief of Staff, along with the commissioners of Finance, Employee Relations, Planning and Administration meet with a different commissioner to go over his/her results. Log on. Let us know what you think. For specific comments on the website results, you're welcome to use the feedback buttons. You can also write or call Tom Moss, the. Director of Results Management, at (651) 215-1287. His email is tom.moss(a~state.mn.us, and his address is 300 Centennial Building, 658 Cedar Street, Saint Paul, Minnesota 55155. Thank you for your support of managing for results in government. Sincerely, Jesse Ventura Governor 6. Mayor's Forum-Mayor's Forum for Saturday, June 15t is cancelled. 7. 3M-Mayor Cardinal informed the public that the official name of Minnesota Mining and Manufacturing is now " 3M". He also provided the following 3M Facts ofNote: • Over 50°/n of States and 50% of employees are outside the United States. • The budget for 3M Corporation is One billion dollars in research. • 47 million (pre-tax profits) dollars were gifts in 2001. • The 100th anniversary celebration will occur June 13-15, 2002. • 3M has seven plants throughout the state. • Numerous employees are at the corporate headquarters in Maplewood and St. Paul. N. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT Councilmember Juenemann moved to adiourn the meeting at 11:55 P.M. Seconded by Councilmember Wasiluk Ayes -All 32 City Council Meeting OS-28-02