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HomeMy WebLinkAbout03-22-2010 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,March 22, 2010 Council Chambers, City Hall Meeting No.07-10 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:08p.m.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Kathleen Juenemann, CouncilmemberPresent Absent James Llanas, Councilmember John Nephew, CouncilmemberPresent Absent Julie Wasiluk, Councilmember D.APPROVAL OF AGENDA The following items were changed or added to the agenda. J2.Mayor Rossbach recommended moving item J2. Consideration of Penalties for Tobacco and Alcohol Compliance Failures after G. Consent Agenda N1.Citizens Forum–Councilmember Nephew N2.Lawn Care–Councilmember Nephew N3.Extreme Green Makeover–Councilmember Juenemann N4.NSP Resolution Request-Mayor Rossbach Councilmember Juenemannmoved to approve the agenda as amended. Seconded by Councilmember Nephew.Ayes –All The motion passed. E.APPROVAL OF MINUTES 1.Approval of March 1, 2010, Special City Council Meeting Minutes. CouncilmemberNephewmoved to approve the March 1, 2010, Special City Council Meeting Minutes as submitted. Seconded by Mayor Rossbach.Ayes –All The motion passed. 2.Approval of March 1, 2010 Council Manager Workshop Minutes CouncilmemberJuenemannmoved to approve the March 1, 2010, Council Manager Workshop Minutes as submitted. Seconded by CouncilmemberNephew.Ayes –All March 22, 2010 1 City Council MeetingMinutes The motion passed. 3.Approval of March 8, 2010 Special City Council Meeting Minutes. Mayor Rossbachmoved to approve the March 8, 2010, Special City Council Meeting Minutes as submitted. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 4.Approval of March 8, 2010 Council Manager Workshop Minutes CouncilmemberNephewmoved to approve the March 8, 2010, Council Manager Workshop Minutes as submitted. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 5.Approval ofMarch 8, 2010 City Council Meeting Minutes Mayor Rossbachmoved to approve the March 8, 2010,City Council Meeting Minutes as submitted. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Stillwater Road/TH 5 Improvements, Project 09-04, Appreciation For Public Involvement and Support a.City Engineer, Deputy Public Works Director, Michael Thompson gave a report. No action was taken. Mayor Rossbach asked if anyone wanted to address the councilregarding this item, the following individuals spoke. 1.Mark Anderson, Stillwater Road. 2.John O’Phelan, Stillwater Road. 3.U.S. State Senator, Chuck Wiger. The city council recognizedthe efforts of the citizens and project partners involved with the Stillwater Road/TH 5 Improvements, City Project 09-04. G.CONSENT AGENDA March 22, 2010 2 City Council MeetingMinutes 1.Councilmember Nephewmoved to approve items1-9, 11, and 12. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 2.Councilmember Nephewmoved to approve item13. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 3.Councilmember Juenemannmoved to approve item10 for the Housing and (HRA). Redevelopment Authority Seconded by Mayor Rossbach.Ayes –All The motion passed. PC) Councilmember Juenemann moved to approve item 10 for the Planning Commission (. Seconded by Councilmember Nephew.Ayes –All The motion passed. tableENR) Councilmember Nephew moved to item 10 the Environmental Natural Resources (for anindefinite time. Seconded by Councilmember Juenemann.Ayes –Councilmember Juenemann & Nephew Nay –Mayor Rossbach table The motionto passed. 1.Approval of Claims CouncilmemberNephewmoved Approval of Claims. ACCOUNTS PAYABLE: $86,991.48Checks#80735thru #80777 Dated 03/02/10 thru 03/09/10 $ 200,621.66Disbursements via debits to checking account Dated 02/26/10 thru 03/05/10 $375,847.62Checks # 80778thru # 80836 Dated 03/09/10 thru 03/16/10 $ 333,622.52Disbursements via debits to checking account Dated 03/05/10 thru 03/12/10 March 22, 2010 3 City Council MeetingMinutes __________________ $ 997,083.28Total Accounts Payable PAYROLL $497,381.39Payroll Checks and Direct Deposits dated 03/15/10 $ 2,229.75Payroll Deduction check #1005097 thru #1005099 dated 04/18/09 ___________________ $499,611.14Total Payroll GRAND TOTAL $ 1,496,694.42 Seconded by Councilmember Juenemann.Ayes –All The motion passed. 2.Approval of 2009 Transfers Between Funds Councilmember Nephewmoved toapprove closing debt service funds no longer needed as the related bonds have been fully paid. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 3.Approval of Resolution Accepting Donations to the Fire Department in Memory of Theodora Lenzmeier from the following individuals: a.Pamela Cantley b.Julie Morton c.Mary Jo Rafferty CouncilmemberNephewmoved toapprove the resolution accepting donations of $190.00 to the fire department in memory of Theodora Lenzmeier from Pamela Cantley, Julie Morton and Mary Jo Rafferty. RESOLUTION 10-03-361 AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, Pamela Cantley, Julie Morton and Mary Jo Rafferty to grant the city Maplewood the following: $190.00 and; WHEREAS, Pamela Cantley, Julie Morton and Mary Jo Rafferty have instructed that the City will be required to use the aforementioned for: use by the fire department to directly improve the community in memory of Theodora Lenzmeier, and; WHEREAS, the city of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; March 22, 2010 4 City Council MeetingMinutes WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood CityCouncil passed this resolution by four-fifths or more majority vote of its membership on March 22, 2010. Signed: Signed: Witnessed: ______________________ ________________________ __________________________ (Signature) (Signature) (Signature) MayorChief of Fire City Clerk_________________ (Title) (Title) (Title) Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 4.Resolution Accepting Donation to Volunteers in Police Service Program Councilmember Nephewmoved toapprove the resolution accepting the donation from Qwest Foundation. RESOLUTION 10-03-362 AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, the Qwest Foundation wishes to grant the City of Maplewood the following: $500, and; WHEREAS, the Qwest Foundation has instructed that theCity will be required to use the aforementioned for: the Maplewood Police Department Volunteers in Police Service (VIPS) program, and; WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by four-fifths or more majority vote of its membership on March 22, 2010. March 22, 2010 5 City Council MeetingMinutes Signed: Signed: Witnessed: ___________________ _______________________________________ (Signature) (Signature) (Signature) Mayor______________ Chief of Police_________ City Clerk____________ (Title) (Title) (Title) ___________________ _____________________ ____________________ (Date) (Date) (Date) Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 5.Authorize Purchase of Bituminous Materials for 2010 CouncilmemberNephewmoved toapprove the street superintendent to purchase the bituminous materials needed for street and parks maintenance projects up to $80,000.00. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 6.Authorize Ramsey County to Perform 2010 Street Striping Councilmember Nephewmoved toapprove Ramsey County to perform city pavement striping needs, in an amount not to exceed $27,000.00. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 7.Approval of Payment –Tartan Ice Arena Operation and Maintenance CouncilmemberNephewmoved toapprove to pay the invoice of $40,372.93 and the unbudgeted amount of $10,372.93 will be transferred from the General Fund Balance. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 8.Conditional Use Permit Review –Xcel Substation, 1480 County Road D Councilmember Nephewmoved toapprove the conditional use permit for Xcel Energy’s electrical substation and related electrical system operations and a wood chipping and transfer operation on their property in one year. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 9.Planned Unit Development Review –Woodlynn Pond Townhomes March 22, 2010 6 City Council MeetingMinutes Councilmember Nephewmoved toapprove the conditional use permitfor the Woodlynn Ponds Townhomes PUD and to be reviewed again in one year. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 10.Resolutions of Appreciation for Harland Hess, (Planning Commission), Joseph Walton (Planning Commission), Joshua Richter(Housing and Redevelopment Authority), and Frederica Musgrave(Environmental and Natural Resources Commission). CouncilmemberJuenemannmoved toapprove the resolution of appreciation for Harland Hess, on the (Planning Commission). RESOLUTION 10-03-363 JOINT RESOLUTION OF APPRECIATION WHEREAS, Harland Hess has been a member of the Maplewood Planning Commission since February 13, 2006 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment; and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Harland Hess is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on March 22, 2010 ____________________________________ Will Rossbach, Mayor Passed by the Maplewood Planning Commission On March 2, 2010 ____________________________________ LorraineFischer, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk Seconded by Councilmember Nephew.Ayes –All The motion passed. CouncilmemberJuenemannmoved to approve the resolution of appreciation for Joseph Walton on the(Planning Commission). March 22, 2010 7 City Council MeetingMinutes RESOLUTION 10-03-364 JOINT RESOLUTION OF APPRECIATION WHEREAS, Joseph Walton has been a member of the Maplewood Planning Commission since February 12, 2007 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment; and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Joseph Walton is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on March 22, 2010 ____________________________________ Will Rossbach, Mayor Passed by the Maplewood Planning Commission On March 2, 2010 ____________________________________ Lorraine Fischer, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk Seconded by Councilmenber Nephew.Ayes –All The motion passed. CouncilmemberJuenemannmoved to approve the resolution for Joshua Richter on the (Housing and Redevelopment Authority), RESOLUTION 10-03-365 RESOLUTION OF APPRECIATION March 22, 2010 8 City Council MeetingMinutes WHEREAS, Joshua Richter has been a member of the Maplewood Housing and Redevelopment Authority for two years since his appointment to the HRA by the city council on February 25, 2008 and has served faithfully in that capacity; and WHEREAS, the Housing and Redevelopment Authority has appreciated his experience, insights and good judgment; and WHEREAS, Mr. Richter has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Richter has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Joshua Richter is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on March 22, 2010 ____________________________________ Will Rossbach, Mayor Passed by the Maplewood Housing and Redevelopment Authority On March 10, 2010 ____________________________________ Gary Pearson, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk Seconded by Mayor Rossbach.Ayes –All The motion passed. table Councilmember Nephewmoved to the resolution of appreciation for Frederica Musgrave foran indefinite time (Environmental and Natural Resources Commission). Seconded by CouncilmemberJuenemann.Ayes –Councilmember Juenemann & Nephew Nay –Mayor Rossbach table The motion to passed. 11.Approval to Enter Into Contract with Imaging Path for Printer Services Councilmember Nephewmoved toapprove the one year contract to receive printer services from Imaging Path. Seconded by CouncilmemberJuenemann.Ayes –All March 22, 2010 9 City Council MeetingMinutes The motion passed. 12.Request Approval to Purchase 2010 Squad Cars CouncilmemberNephewmoved toapprove authorization to purchase four Ford Crown Victoria Police interceptor squad cars and one Chevrolet Impala. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 13.Approval of Change to the Rules and Procedures for City Council and Council Meetings – Time Change of Council Manager Workshop CouncilmemberNephewmoved toapprove the Change to the Rules and Procedures for City 5:15 Council and Council Meetings Time Change of Council Manager Workshop in Section 2 to p.m. and in addition changingSection 10, (Ordinances, Resolutions, Motions & Reports), Super Majority Vote Paragraph B,to read shall require arather than requiring 4 votes to reflect state statute. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. J2.Consideration of Penalties for Tobacco and Alcohol Compliance Failures (This item was movedafter the ConsentAgenda) a.Director Citizen Services, City Clerk, Karen Guilfoile gave the report and answered questions of the council. b.City Attorney, Alan Kantrud answered questions of the council. Mayor Rossbach invited business owners to come forward and address the council. The council asked Katie Engman with Ramsey Tobacco Coalition Program Director to speak. CITY OF MAPLEWOOD CITY COUNCIL MEETING 3/22/2010 ALCOHOL/TOBACCO COMPLIANCE FAILURES BUSINESS NAME -OWNER –ADDRESS March 22, 2010 10 City Council MeetingMinutes COMPLIANCECOMPLIANCEFINE FAILUREDATEIMPOSED 5-8 TAVERN -2289 MINNEHAHA AVE ALCOHOL11/14/2009$500 COSTCO DISCOUNT LIQUOR -1431 BEAM AVE -OPENED 08/14/2008 ALCOHOL10/23/2009$500 CUB FOODS #31264 (GROCERY STORE) -2390 WHITE BEAR AVE ALCOHOL12/14/2009$500 FREEDOM VALU CENTER # 65 -1535 BEAM AVE TOBACCO11/21/2006$500 TOBACCO08/13/2009$750 GULDEN'S ROADHOUSE -2999 MAPLEWOOD DRIVE ALCOHOL11/13/2009$500 HOLIDAY -280 S MCKNIGHT ROAD TOBACCO12/16/2008$250 LES'S SUPERETTE -2665 WHITE BEAR AVE TOBACCO08/13/2009$500 MAPLEWOOD WINE CELLAR -1281 FROST AVE ALCOHOL11/13/2009$500 MCKNIGHT MARKET & GAS -1690 N MCKNIGHT ROAD -OPENED 07/16/2007 -CLOSED 06/26/2009 ALCOHOL11/22/2008$1,000 TO BE BILLED TO PREVIOUS OWNER MYTH NIGHTCLUB -3090 SOUTHLAWN -OPENED 08/01/2005 -CLOSED 08/01/2009 ALCOHOL11/29/2008$500 RICHARD'S MARKET -1344 FROST AVENUE ALCOHOL11/13/2009$500 SARRACK'S INT'L WINE & SPIRITS -2305 STILLWATER ALCOHOL11/13/2009$1,000 SINCLAIR RETAIL -MICHAEL HUYNH -2158 RICE STREET -OPENED 04/05/2008 TOBACCO12/16/2008$250 THE ROCK NIGHT CLUB -2029 WOODLYN AVE -OPENED 09/28/2004 TOBACCO08/13/2009$500 March 22, 2010 11 City Council MeetingMinutes Mayor Rossbachmoved to recommend the penalties as proposedin the staff report except for Les’s Superette at 2665 White Bear Avenueand McKnight Market & Gasat1690 McKnight Road North. Seconded by CouncilmemberNephew.Ayes –All The motion passed. Councilmember Nephew moved to recommend the proposed penalty of $500 for Les’s Superette at 2665 White Bear Avenuefor the tobacco non compliance. Seconded by Mayor Rossbach.Ayes –All The motion passed. Mayor Rossbach moved to impose a fineof $1,000 to the previous owner of McKnight Market & Gasat 1690 McKnight Road North. Seconded by Councilmember Nephew.Ayes –All The motionpassed. H.PUBLIC HEARING 1.Consider Adoption of Amendments to the Rural Conservation Dwelling District (R1R) Ordinance –First Reading a.Planner, Michael Martingave the report and answered questions of the council. b.Planning Commissionmember,Jeremy Yarwood spoke representing the Planning Commission. Mayor Rossbach opened the public hearing. Noonecame forward to address the council. Councilmember Nephewmoved toapprove the (First Reading)of the amended text to the R-1R zoning district with the recommendations and conditions. PROPOSED ORDINANCE MODIFYING THE R-1R (RURAL SINGLE-DWELLING RESIDENCE) ZONING DISTRICT THE MAPLEWOOD CITY COUNCIL approved the following changes to the Maplewood Code of Ordinances: (Deletions are crossed out and additions are underlined.) Section 44-9. Zoning Districts. The city is herby divided into the following zoning districts: F, Farm Residence District. R-1, Residence District (Single Dwelling). R-1R, Rural Conservation Dwelling District R-1S, Small-Low Single-Dwelling District. R-2, Residence District (Double Dwelling). March 22, 2010 12 City Council MeetingMinutes R-3, Residence District (Multiple Dwelling). R-E, Residence Estate District. NC, Neighborhood Commercial District. CO, Commercial Office District. BC, Business and Commercial District. LBC,Limited Business Commercial District. BC(M) Business Commercial Modified District. SC, Shopping Center District. M-1, Light Manufacturing District. M-2, Heavy manufacturing District. DIVISION 3.5 R-1(R) RURAL CONSERVATION DWELLING DISTRICT Sec. 44-117. Purpose and Intent. The City of Maplewood finds that there is a direct link between the natural systems and character that exists throughout certain areas of the community. The requirements of this Rural Conservation Dwelling District are meant to preserve and enhance the ecological/aesthetic character by providing incentives that: 1) reinforce and establish ecological connections throughout the city; 2) protect and enhance drainageways and water quality; 3) protect and enhance ecological communities; 4) preserve and improve vistas; and 5) preserve or reinterpret local historical landmarks. To allow for and to protect a semi-rural, residential life style, the city creates the R-1R zoning district that is intended to encourage conservation based development. This zoning district is for the areas of Maplewood that are not suitable for suburban or tract development because of topography, vegetation or other factors that make the area unique. The city finds the most suitable use of these areas is single dwellings on large lots, but is interested in protecting the natural resources and will encourage developments to follow the conservation principles and initiatives identified in subsequent sections of this ordinance. To further support the rural quality of the area, the density calculations in the R-1R district shall be calculated on a net acre basis which is further described Section 44-130 (c) of this ordinance. Low-density residential development and conservation development will lessen grading and soil erosion and will help protect ground water, vegetation, ecological communitiesand wooded areas. Sec. 44-118. Uses. The City shall only allow the following uses: (a)Permitted uses: 1)Any permitted use in the R-1 District, subject to its regulations. (b)Conditional uses. The City may permit the following by conditional use permit: 1)Any use allowed by conditional use permit in the R-1 (single dwelling) District. 2)Commercial farming or gardening, including the use or storage or associated equipment, when on a property with a single dwelling. 3)Stands for the sale of agricultural products grown or produced on the property. 4)Metal storage buildings, commonly known as pole barns or agri-buildings, subject to the applicable size and height requirements. (c)Prohibited uses. The city prohibits the following uses in the R-1(R) zoning district: 1)Accessory buildings without an associated single dwelling on the same property. 2)Reserved. Sec. 44-119. Height of buildings. The maximum height of a single-family dwelling shall be thirty-five (35) feet. Sec. 44-120. Lot dimensions, lot area, width requirements, and side yards. March 22, 2010 13 City Council MeetingMinutes (a)No person shall build a single dwelling on a site less than eighty seven thousand one hundred twenty (87,120) square feet (2 acres) in area; unless the conservation design principles are applied as described in Section 44-128. (b)Each lot or parcel shall have enough area or usable space for a house, driveway, and if needed, awell and individual sewage treatment system (ISTS) with a primary and secondary site or an acceptable design and plan for a community septic system or regional sewer. (c)Each dwelling and any accessory structure(s) shall have side yard setbacks as defined in table 44-120.1 and shall be measured from the property line to the structure. The followingexceptions to this standard shall apply: 1)The side yard on the street side of a corner lot shall have a width of at least thirty (30) feet. 2)When a property owner uses two (2) or more adjoining lots as a single-building site, the side yard requirements shall apply only to the outside lot lines. (d)The following table identifies the minimum lot area and lot width based on the conservation tiers: Table 44-120.1 Conservation Density Minimum Minimum Side Yard Front Yard TierRange AreaFrontageSetbackSetback Tier I (0-20.5 –1.5015,000100’30’50’ Principles)U/A43,560SF Tier II (3-541.61–3.510,00080’15’30’ Principles)1.5U/A15,000SF Tier III (6-73.6 –4.3 7,500 SF50’10’20’ Principles)U/A (e)Each interior lot shall have at least fifty (50)feet of frontage on an improved public street. (f)Each corner lot or parcel shall have at least eighty (80) feet of frontage on each of the public streets. Sec. 44-121. Front Yards. (a)Each dwelling and any accessory structure(s) shall have a front yard setback as defined in table 44-120.1. Except that: 1)If each of the lots next to an interior lot has a dwelling, the minimum setback shall be the setback of the adjacent dwelling closest to the street. The maximum setback shall be the setback of the adjacent dwelling farthest from the street. 2)If subsection (a)(1) above does not apply and there is a predominant setback, a dwelling shall be no further forward and no more than five feet to the rear of the predominant setback. 3)Regardless of the above, if the city council has approved special setbacks for a development, those setbacks shall apply. City approval of a preliminary plat with building pads does not constitute approval of special setbacks. 4)Regardless of the above, homeowners may add on to their homes using the existing setback. 5)In all cases, the accessory structures shall be no closer than the principle structure unless approved by the City Council. (b)The director of community development may allow a different front yard setback if the proposed setback would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1)The proposed setback would not affect the privacy of adjacent homes. 2)The proposed setback would save significant natural features, as defined in Section 9- 188. March 22, 2010 14 City Council MeetingMinutes 3)The proposed setback is necessary to meet city, state or federal regulations, such as pipeline setback or noise regulations. 4)The proposed setback is necessary for energy saving, health or safety reasons. Sec. 44-123. Rear Yards. (a)Single dwellingsshall have a rear yard setback of at least twenty (20) percent of the lot depth. (b)Accessory buildings shall have a rear yard setback of at least thirty (30) feet. Sec. 44-124. Tower, antenna and flagpole setbacks. Antennas and flagpoles for residential (non-commercial) use in the R-1(R) zoning district shall meet the same setbacks as accessory buildings in the R-1 (single dwelling) district. Sec. 44-125. Minimum foundation areas; room requirements. (a)The minimum foundation area shall be at least: 1)A one-story dwelling, nine hundred fifty (950) square feet. 2)A one and one-half story dwelling, seven hundred twenty (720) square feet. 3)A bi-level dwelling, eight hundred sixteen (816) square feet. 4)A tri-level dwelling, seven hundred sixty five (765) square feet. 5)Atwo story dwelling, five hundred twenty-eight (528) square feet. (b)Room size and number shall be consistent with the standards of the International Residential Code. Sec. 44-126. Building-width requirements. The minimum building width on the primary frontage shall be at least twenty-one (21) feet. The building width shall not include entryways or other appurtenances that do not run the fully depth of the building. Sec. 44-127. Accessory buildings. (a)Section 44-114 (Accessory buildings) in the R-1 Districtshall apply to the use and height of accessory buildings and garages in the R-1R zoning district. (b)For lots in the R-1R zoning district, the following size standards shall apply to accessory buildings and garages: Table 44-127.1 Accessory Sizes DetachedBuildings Attached Garages Combination of (Max Area, Square (Max Area, Square detach buildings and Feet)Feet)attached Garage (Max Area) Tier I1,400 (garages), 1,4002,800 1,100 (other) Tier II1,0001,250SF Total1,000 1,2501,480 1,850 Tier III850 SF Total8501,000 Sec. 44-128. Definitions and Conservation Principles. The conservation principles in the following table shall represent the conservation incentives for this ordinance. The definitions of each principle follow the table. All incentives, and subsequent conservation bonuses as described in Table 44-130.1, shall only be granted IF they exceed the minimum standards set forth in the existing City ordinances that relate to environmental protection as identified in, but are not limited to,Ordinance Chapters 12 and 44. It shall be noted that the City has several ordinances that control and define natural resources and environmental quality, in all cases, the more restrictive ordinance shall apply and it is the developer’s responsibility to discuss any issues or questions regarding the applicable ordinances with the City Planner. March 22, 2010 15 City Council MeetingMinutes The developer shall be aware that the conservation principles shall be subject to the recommendations of the city staff, applicable commissions, planning commission and ultimate approval by the city council. As stated in Sec. 44-129 the developer shall be required to work closely with these bodies to develop a plan that supports the goals and objectives for the R-1R District. Without council approval the developerwill be entitled to a base entitlement of one unit per two acres with a 2.0 acre lot minimum. In all cases, the developer shall receive a conservation bonus as described in Table 44-130.1 ONLY if the development integrates the conservation principle as adominant theme throughout the proposed development. This shall be required of all proposed conservation principles. The City’s objective is to maintain the rural quality of the R-1R district and encourage conservation principles and development in the city’s areas with natural resource quality. Table 44-128.1 identifies the conservation principles that may qualify for density incentives. The table is categorized into two groups: Group A –Natural Characteristics and Group B –Design Characteristics. The developer shall be required to present a diverse set of conservation principles for a site. Additionally, the developer is encouraged to use a mix of conservation principles and may not duplicate principles and receive a density incentive in exchange. For example if the developer proposes to preserve a large wooded area and consequently preserves an important stand of oak trees, the developer will receive the density incentive for one conservation principle not two. Table 44-128.1 Conservation Principles for Density Incentives Group A: Natural CharacteristicsGroup B: Design Characteristics Additional Shoreline BuffersClustering Additional Stormwater ManagementCreate/Develop Trail Connections Creek Restoration ManagementCreate Passive Parks Dedicate 50% Open SpaceEnergy Efficiency Enhance/Preserve Large Wooded Areas or Historic Preservation Forest Enhance Wetlands, Create Management PlanLEED Certified Buildings/Development Prairie RestorationLow Impact Development (LID) Slope Buffer PreservationPreserve and Establish Natural Area Greenways Tree PreservationVista Shed/Corridor Preservation GROUP A: Natural Characteristics The following conservation principles are defined for this ordinance as natural characteristics because they directly apply specifically to naturally occurring characteristics on a site. The principles are presented in alphabetical order. Additional Shoreline Buffers:Beyond those already identified in the Shoreland Overlay District, the creation and plan for permanent protection of protective buffers around those areas which are more sensitive to the negative impacts of development, especially areas that are defined as bluffs or steep slopes, where critical habitat may dwell, near historic tree clusters or heritage trees etcetera for which the additional buffers may vary or be averaged near the location of protection importance. Additional Stormwater Management:The city has existing stormwater management policies, but there is opportunity to further improve the stormwater management on a site. The developer shall be given a conservation bonus for a stormwater management plan and implementation that exceeds the city’s existing policy. 1)that supports how the concept plan addresses the conservation principle and how theplan meets and exceeds the standards of the city’s existing natural resource ordinances. 2)A graphic that demonstrates generally how the lots would be laid out and the unit types proposed as part of the development. March 22, 2010 16 City Council MeetingMinutes 3)A narrative that describes the conservation principles used in the concept plan and supporting data demonstrating how the concept meets the standards of existing ordinances, and data demonstrating how the concept plan exceeds them. 4)The developer shall submit, with their concept plans, data and reports related to the conservation principles performed by a reputable ecologist or ecological firm. The city shall reserve the right, if needed, to hire their own ecological expert at the cost of the developer to verify and further understand the plans submitted by the applicant/developer. 5)Submit twenty (20) copies of items 1 through 4 for informal or non-binding comments by city staff, planning commission and city council. Each body will provide feedback and recommendations to the developer so the developer understands the changes they need to make moving forward to the preliminary plat. It will be up to the city council to make the final decision with respect to the implementation of the conservation principles and final density of a project. (b)After the concept plan review, the developer shall take and integrate the recommendations and prepare a preliminary plat and final plat submittal in accordance with section 34-5 of the subdivision ordinance. (c)A full developer’s agreement as well as any necessary agreements that document the conservation principles and how they will be upheld will be required as a part of any final plat approval. This shall also include, if applicable, any dedication or transfer of property for the purpose of permanent conservation which shall be completed prior to final plat approval or the issuance of any building permit. Sec. 44-130 Conservation Bonus Standards The following conservation bonuses shall be rewarded based on the number of conservation principles (as identified in Table 44-128.1) integrated within a development. The conservation principles and their application must be agreed to by both the developer and the city. (a)Conservation bonus is defined as the additional allotment of a lot or lots as determined by the numberof conservation principles met. Conservation bonus is also commonly referred to as a density bonus. (b)The units obtained through the conservation bonus calculation shall always be rounded down to the nearest whole number. (c)The density and number of units shall be calculated on a net area basis. Net density shall be defined as the number of dwelling units per acre exclusive of arterial streets and right of ways, steep slopes (in excess of 18%), wetlands and water features, and other publicly dedicated improvements such as parks. Table 44-130.1Conservation Bonus Allotment for Conservation Principles The following table identifies the baseline entitlement for all property zoned R-1R of 0.5 units per acre. All conservation bonuses are cumulative and the percentage bonus calculated as such. Density Number of Conservation bonus (Housing Number of Lots on a 10 RangeConservation Units) Acre Site (Example) Principles Tier 1:0None –base entitlement of 2 Acre 5 Lots 0.5 –1Lots7 lots 1.50250%10 lots 100% Tier 2:3-16 lots 1.6 –3.5 450100%2415lots 1.1 –1.55100%32 lots Tier 3:6-36 lots 3.6 –4.37*20%43 lots March 22, 2010 17 City Council MeetingMinutes The asterisk in Table 44-130.1 denotes a mandatory conservation principle of protecting fifty percent (50%) of a proposed project in open space. A management plan for all protected open space shall be required to achieve final plat approval. Potential options include management by a Homeowners Association, dedicated to a public use or interested agency. Seconded by Mayor Rossbach.Ayes –All The motion passed. 2.Consider Adoption of Amendments to the Conditional Use Permit/Planned Unit Development Ordinance –First Reading a.Senior Planner, Tom Ekstrand gave the report and answered questions of the council. b.AssistantCity Manager, Public Works Director, Chuck Ahl answered questions of the council. c.Planning Commissioner, Jeremy Yarwood spoke representing the Planning Commission. d.City Attorney, Alan Kantrud answered questions of the council. Mayor Rossbach opened up the public hearing. Noonecame forward to address the council. Councilmember Nephewmoved toapprove the (FirstReading)of the proposed changes to the conditional use permit/planned unit development ordinance.These changes incorporated those proposed in the March 22, 2010 addendum report provided by staff at the meeting which containedcorrections from the planning commission. Furthermore council revises Sec. 44- 1097(a)(5), Standards to read, The use would not exceed the design standards of any affected street. Seconded by Mayor Rossbach.Ayes –All The motion passed. THISVERSIONINCLUDESTHEPLANNINGCOMMISSION’S THISVERSIONINCLUDESTHEPLANNINGCOMMISSION’S REVISIONSOFMARCH2,2010 REVISIONSOFMARCH2,2010 ORDINANCE NO. ___ AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT REQUIREMENTS The Maplewood City Council approves the following additions to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. This section revises Article V of the Maplewood Code of Ordinances dealing with conditional use permits and planned unit developments. ARTICLE V. CONDITIONAL USE PERMITS Sec. 44-1091. Purpose. March 22, 2010 18 City Council MeetingMinutes The purpose of a conditional use permit is to provide the city with some discretion, based on specific standards, in determining the suitability of conditional uses. The city is not obligated to approve such uses. (Code 1982, ss 36-436) Sec.44-1092. Conditional uses. The city council may issue conditional use permits for the following uses in any zoning district in from whichthey are not permitted and not specifically prohibited: (1)Public and private utilitiesutility, public service or public building uses. (2)Mining. Refer to the requirements under article IV of this chapter. (3)Library; community center; state-licensed day care or residential program unless exempted by state law; church; hospital and a helistop as an accessory use to a hospital; any institution of any educational, philanthropic or charitable nature; cemetery, crematory or mausoleum. (4)An off-street parking lot as a principal use in a commercial or industrial zoning district.other than a commercial or industrial district . (5)Part of an apartment building for commercial use, intended for the building’s residents, such as drugstore, beauty parlor, barbershop, medical office or similar use. (6)Planned unit developments (PUD). (7)Construction of an outlot. (Code 1982, ss 36-437) Sec. 44-1093. Planned unit developments. (a)A planned unit development (PUD) may not be divided unless the density distribution approved in thePUD is ensured. (b)The city councilmay consider flexibility from strict code compliance in the internal and external design requirements of a proposed PUD and may consider deviations from those requirements. It is the intention of this section and the other sections of this article relating to planned unit developments to provide a means to allow flexibility by substantial deviations from this chapter, including uses, setbacks, height and other regulations. Deviations may be granted for planned unit developments provided that: 1.The proposed development and the surrounding neighborhood can be better served by relaxing the code requirements that regulate the physical development or layout of the project because of its unique nature.Certain regulations contained in this chapter should not apply to the proposed development because of its unique nature. 2.The PUD would be consistent with the spirit, intent andpurposes of this chapter. 3.The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. 4.The deviations would notconstitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land or to the environment. March 22, 2010 19 City Council MeetingMinutes 5.The deviations are required for thereasonable and practicalpracticable physical development of the projectand are not required solely for financial reasons. (c)The development shall conform to the plans and specifications as filed with the city. Any substantive changes in the plans and specifications shall require a recommendation by the planning commission and approval by the city council after a public hearing. (d)Common open space. The developer shall provide deed restrictions, covenants, easements, public dedication or other equally effective and permanent means to preserve and maintain any common open space. The instruments must include all the following protection: 1.Except for routine maintenance, the city must approve the alteration of any vegetation or topography that is visible from a public water. 2.Prohibit the exterior storage of vehicles or other materials. Storage shall not include routine vehicle parking or the temporary storage of materials for an ongoing construction project. 3.If on a public water, prohibit the uncontrolled beaching of watercraft. (e)Owners’ association. All planned unit developments with common open space must have an owners’ association with the following features: 1.Each lot owner must be a member. 2.Each member must pay a pro rata share of the association’s expenses, and unpaid association assessments can become liens on units or sites. 3.Association assessments must be adjustable to adapt to changing conditions. 4.The association must be responsible for insurance, taxes and maintenance of all commonly owned property and facilities. (f)The city shall designate PUDs on the official city zoning map. (Code 1982, ss 36-438) Sec. 44-1094. Outlots. (a)No building permit shall be issued for construction upon an outlot, except by conditional use permit. (b)The city council shall not grant a conditional use permit for building upon any outlot, unless the outlot meets the following conditions: 1.It meets the minimum size and frontage requirements provided for in this chapter. Secs. 44-1106—44-1130. Reserved. Section 2. This section revises Section 44-6. Definitions. Basic structural alterationmeans any enlargement of a building or modification to the framing of a building, whether by extending on any side or by increasing in height, length, width or changes caused byorthe moving of a building from one location to another. March 22, 2010 20 City Council MeetingMinutes Conditional usemeans a land use or development that would not be appropriate generally, but may be allowed with appropriate conditions or restrictions as provided by theofficial controls outlined in Article V, Conditional Use Permits. Planned unit developments (PUD)means a type of development characterized by a unified site design, with two or more principal uses or structures. A PUD may include townhouses, apartments, multiple-use structures such as an apartment with commercial shops, or similar projects. Residential PUDs must have at least five dwelling units or dwelling sites. The PUD application, timing and recording process is described under Article V, Conditional Use Permits. Section 3. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on March 22, 2010. _________________ Mayor Attest: ______________________ City Clerk THESESUGGESTIONSWEREMADEBYTHECITYCOUNCILONFEBRUARY22,2010 THESESUGGESTIONSWEREMADEBYTHECITYCOUNCILONFEBRUARY22,2010 Additions are underlined and deletions are crossed out. Sec.44-1092. Conditional uses. The city council may issue conditional use permits for the following uses in any zoning district infrom which they are not permitted and not specifically prohibited: Sec. 44-1093. Planned unit developments. (b) The city council may consider flexibility from strict code compliance in theinternal and external design requirements of a proposed PUD and may consider deviations from those requirements. The city council shall consider the following factors:It is the intention of this section and the other sections of this article relatingto planned unit developments to provide a means to allow flexibility by substantial deviations from this chapter, including uses, setbacks, height and other regulations. Deviations may be granted for planned unit developments provided that: Sec. 44-1097. Standards. (a)A conditional use permit may be approved, amended or deniedbased onthefollowing standards for approval, in addition to any standards or findings for a conditional use found elsewhere in the Maplewood Code of Ordinances:in this chapter: Sec. 44-1097(a)(5). Standards. (5) The use wouldnot exceed the design standard of any affected streets.generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. Sec. 44-1097(a)(9). Standards. (9) The use wouldcause no more thanminimal adverse environmental effects. March 22, 2010 21 City Council MeetingMinutes Sec. 44-1097(b). Standards. (b) The city council may waive any of the requirements in subsection (a) of this section for a public building or utility structure, provided the council shall first make a determination that the balancing of public interest between governmental units of the state would be best served by such waiver. Sec. 44-1103. Conditional uses to conform to terms and conditions attached toissuance. (b) Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit shall require anamended permit, and all procedures shall apply as if a new permit were being issued. All uses existing on the effective date of the ordinance from which this article derives shall be considered as having a conditional use permit which contains conditions that permit the land use and structures as they existed on such date. Any enlargement, structural alteration, or intensification of use shall require an amended conditional use permit as provided for in this subsection. The City Council took a 10-minute break. I.UNFINISHED BUSINESS None. J.NEW BUSINESS 1.Approval of On-Sale Intoxicating Liquor License New Manager –Jeffrey Naumann, Chipotle Mexican Grill a.Director Citizen Services, City Clerk, Karen Guilfoile gave the report and answered questions of the council. i.Jeffrey Naumann, General Manager of Chipotle Mexican Grill, 2303 White Bear Avenue, Maplewood,addressed the council. Councilmember Nephewmoved to approve the on-sale intoxicating liquor license for Jeffrey Naumann at Chipotle Mexican Grill at 2303 White Bear Avenue. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 2.Consideration of Penalties for Tobacco and Alcohol Compliance Failures (This item was heard after the Consent Agenda) 3.Comprehensive Land Use Plan Amendment for a Countryside VW/Saab Parcel, from LDR (Low Density Residential) to C (Commercial) (Majority Votes needed) a.Senior Planner, Tom Ekstrand gave the report and answered questions of the council. Councilmember Nephewmoved toapprove the resolution approving a comprehensive land use plan amendment from LDR (low density residential) to C (commercial) for the 0.73 acre site south of the main parcel utilized for the Schmelz Countryside VW Saab auto dealership, located at 1180 Highway 36. Approval is based on the following reasons: 1.The Countryside VW/Saab parcel is already developed as a commercial lot and should be appropriately guided as such. March 22, 2010 22 City Council MeetingMinutes 2.The parcels to the north and west of the Countryside VW/Saab are guided commercial, meaning that it would be consistent to guide this parcel commercial. LAND USE PLAN AMENDMENT RESOLUTION10-03-366 WHEREAS, John Schmelz of Schmelz Countryside VW/Saab has requested a change to the City of Maplewood’s land use plan from LDR(low density residential) to C(commercial) for consistency between the plan and actual use of the land. WHEREAS, this change applies to the property located south of Highway 36 and East of Highway 61. The legal description is: CLIFTON ADDITION, RAMSEY CO., MINN. EX N 30 FT; & EX S 174 FT; THE W 225 FT OF E 255 FT OF BLK 10 & ALSO THE W 105 FT OF E 135 FT OF N 30 FT OF BLK 10 WHEREAS, the history of this change is as follows: 1.On March 2, 2010, 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 approvalthe land use plan change. 2.On March 22, 2010,the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council passedthe above described change for the following reasons: 1.The Countryside VW/Saab parcel is already developed as a commercial lot and should be appropriately guided as such. 2.The parcels to the north and west of the Countryside VW/Saab are guided commercial, meaning that it would be consistent to guide this parcel commercial. This action is subject to the approval of this land use plan amendment by the Metropolitan Council. The Maplewood City Council passedthis resolution on March 22, 2010. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 4.Gervais Woods Preliminary Plat,Final Plat and Lot Area Variances a.Senior Planner, Tom Ekstrand gave the report and answered questions of the council. b.City Attorney, Alan Kantrud answered questions of the council. c.City Attorney, Deputy Public Works Director, Michael Thompson answered questions of the council. i.Nathan Fair, Landmark Development of Minnesota addressed the council. ii.John Gores, 2870 Arcade Street, Maplewood addressed the council. March 22, 2010 23 City Council MeetingMinutes Mayor Rossbach moved to approverecommendationsas shown in the staff report. The motion diedfor lack of a second. 1 g. Councilmember Nephew moved to approvethe staff recommendations with the change to that outlot c shall be combined with 2870 Arcade Street into a single tax parcel with the county assessor’soffice rather than being legally combined. The applicant shall also commit to a three-year maintenance plan with the city to ensure the establishment of the proposed seeding around the pond. The terms of this plan shall be subject to staff approval. In addition, the additional wetland bufferproposed by the applicant for “buffer averaging” purposes is not required. 1.Approve the preliminary and final plat for Landmark Development of Minnesota for the proposed eleven lot Gervais Woods single-family subdivision located south of Labore Road and East of Arcade Street. This subdivision is subject to the following conditions: a.Prior to approval of a grading permit, the applicant shall install city-approved wetland signs at the edge of the wetland buffer that specify that no building, mowing, cutting, grading, filling or dumping is allowed within the wetland buffer. These signs must be placed every 100 feet along the edge of the 75-foot wetland buffer or at every property line whichever is closer. b.Comply with the conditions of approvalin the engineering report by Steve Kummer, Maplewood Staff Engineer, February 24, 2010, and any revised comments and requirements based on the recently revised plans. c.Approval of a final plat for Gervais Woods from the City of Little Canada. d.The Cities of LittleCanada and Maplewood shall enter into an agreement as to the provision of police, fire,code enforcement servicesand utilities. It is the recommendation of the Maplewood city council that Little Canada provide these services since the proposed four southerly homes would be addressed in Little Canada. e.The accessory building, swimming pool and any other “back yard” construction requirements of Little Canada shall apply to the Maplewood portions of the southerly four parcels. However, any construction in the City of Maplewood shall require that the builderobtain a building permit from the City of Maplewood if required by code. f.The proposed homes on the southerly four lots of this subdivision shall be constructed in the footprints shown on the applicant’splans. This would require that they be located in the City of Little Canada. g.Within 120 days of recording the final plat, Outlot C shall be legally combined with 2870 Arcade Street as one tax-identificationparcelwith the Ramsey County tax office. If it is not combined with 2870 Arcade Street as one tax-identification parcelby that time, the developer shall give Outlot C to the City of Maplewood, as he proposed to the planning commission. This shall be a stipulation of the development agreement. h.Within 120 days of recording the final plat, the developer shall deed Outlot D to Ramsey County. This shall be a stipulation of the development agreement. i.The developer shall provide five, six-foot-tall evergreen trees between the home on proposed Lot 5, Block 2 and the neighboring house at 2870 Arcade Street prior to the issuance of a grading permit. March 22, 2010 24 City Council MeetingMinutes j.The developer shall pay $7,260 into the city’s tree fund prior to getting a grading permit. k.Staff may approve minor changes. Major revisions shall be referred to the city council. l.The applicant shall commit to a three-year maintenance plan with the city to ensure the establishment of the proposed seeding around the pond. The terms of this plan shall be subject to staff approval.In addition, the additional wetland buffer proposed by the applicant for “buffer averaging” purposes is not required. Seconded by Councilmember Juenemann.Ayes –Councilmembers Juenemann, & Nephew Nay –Mayor Rossbach The motion passed. Councilmember Nephewapprovedthe resolution approving lot area variances for Lot 2, Block 2 with 2,378 square feet in Maplewood and Lot 5, Block 2 with 7,758 square feet in Maplewood. Approval is based on the following findings: a.Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. This situation is unique because credit for lot area can’t be given for land outside of Maplewood. If the entire site was in Maplewood, the question of lot area would not be an issue. b.The variance would be in keeping with the spirit and intent of the ordinance since the proposed southerly lots would have more lot area than is required by both the Cities of Little Canada and Maplewood. VARIANCE RESOLUTION10-03-367 WHEREAS, LandmarkDevelopment of Minnesota applied for variancesfrom the zoning ordinance. WHEREAS, this variancesapplyto two proposed single-dwelling lots in the Gervais Woods single-family development subdivision. The legal descriptions are: LOT 2, BLOCK 2,AND LOT 5, BLOCK 2 GERVAIS WOODS WHEREAS, Section 44-106 of the zoning ordinance requires a minimum of 10,000 square feet for single-dwelling residential lots. WHEREAS, the back yards of these two proposed lots would have less than the required 10,000 square feet of lot area for single-dwelling residential properties in the City of Maplewood. WHEREAS, the history of thesevariancesareas follows: 1.On February 16, 2010, the planning commission held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The planning commission recommended that the city council approve thesevariances. March 22, 2010 25 City Council MeetingMinutes 2.The City Council held a public meeting on March 22, 2010. The council considered reports and recommendations from the city staff and planning commission. The city council passedthesevariance requests. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described variancesfor the following reasons: 1.Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. This situation is unique because credit for lot area can’t be given for land outside of Maplewood. If the entire site was in Maplewood, the question of lot area would not be an issue. 2.The variance would be in keeping with the spirit and intent of the ordinance since the proposed southerly lots would have more lot area than is required by both the Cities of Little Canada and Maplewood. Adopted on March 22, 2010. Seconded by Councilmember Juenemann.Ayes –All The motion passed. 5.Gladstone Area Improvements –City Project 04-21–Consider Authorizing Design Services for Replacement of Phalen Creek Bridge on Frost Avenue a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered questions of the council. Mayor Rossbach asked if anyone wanted to address the council, the following individual spoke: i.Diana Longrie, 1771 Burr Street, Maplewoodaddressed the council. Councilmember Nephewmoved to authorize the Public Works Director to enter into an agreement for engineering services with Kimley-Horn and Associates, Inc. in the amount of $140,000 for environmental documentation and preliminary bridge plans for the Phalen Creek Bridge on Frost Avenue as part of the Gladstone Area Improvements, City Project 04-231, and further authorize the Public Works Director to proceed to apply for State bridge Bond funding for the replacement of the Phalen Creek Bridge upon completion of said plans. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 6.Hills and Dales Area Street Improvements, Project 09-15 a.Resolution Approving Plans and Specifications and Authorizing Advertising for Bids b.Resolution Ordering Preparation of Assessment Roll i.City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. Councilmember Nephewmoved to approve the resolutions for the Hills and Sales Area Street Improvements, City Project 09-15: Approving plans and authorizing advertisement for bids and ordering the preparation of the assessment roll. March 22, 2010 26 City Council MeetingMinutes RESOLUTION10-03-368 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on January 11, 2010 plans and specifications for the Hills and Dales Area Street Improvements,City Project 09-15, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2.The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletinan advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 4th day of May, 2010, at city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3.The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and placeherein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of May10, 2010. RESOLUTION10-03-369 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Hills and Dales Area Street Improvements, City Project 09-15, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the properamount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 7.White Bear Avenue/County Road D Improvements, Project 08-13 a.Resolution Approving Plans and Specifications and Authorizing Advertising for Bids b.Resolution Ordering Preparation of Assessment Roll i.City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. March 22, 2010 27 City Council MeetingMinutes Councilmember Juenemannmoved toapprovethe resolutions for the White Bear Avenue/County Road D Improvements, Project 08-13: Resolutions approving Plans and Specifications and authorizing Advertising for Bids, and Ordering Preparation of Assessment Roll. RESOLUTION10-03-370 APPROVING PLANS AND SPECS AUTHORIZING ADVERTISING FOR BIDS th WHEREAS, pursuant to resolution passed by the City Council on November 24, 2008, plans and specifications for the White Bear Avenue / County Road D Improvements, City Project 08-13, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Engineer. 2.Ramsey County shall prepare and cause to be inserted in the official paper and in the Construction Bulletinan advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least thirty-one days before the date set for bid opening, shall specifythe work to be done, and shall state that bids will be publicly opened and that no bids shall be considered unless sealed and filed with the County and accompanied by a certified check or bid bond payable to the County for 5% of the amount of such bid. 4.Ramsey County is hereby authorized and instructed to receive, open, and read aloud bids received, and to tabulate the bids received. The Council will consider the bids, and concur with Ramsey County on the award of a contract at a regularCity Council meetingin May of 2010. nd Adopted by the Council this 22day of March 2010. RESOLUTION10-03-371 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, Ramsey County on behalf of the city clerk and city engineer will receive bids for the White Bear Avenue / County Road D Improvements, City Project 08-13. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. nd Ordered by the Council this 22day of March 2010. Seconded by CouncilmemberNephew.Ayes –All The motion passed. March 22, 2010 28 City Council MeetingMinutes K.VISITOR PRESENTATIONS 1.Elizabeth Sletten, Maplewood. Ms. Sletten commended city staff for having a department head attend the monthly Citizen Forum to discuss their departments and answer what questions that the attendees may have. 2.John Wykoff, Maplewood. Mr. Wykoff made comments about an article in the paper about Mayor Rossbachand ahunting violation. 3.Diana Longrie, 1771 Burr Street, Maplewood.Ms. Longrie commented that she received her property tax statement and stated thatproperty values in Maplewoodhave gone down. Ms. Longriealso presented information to the council for the public record regarding agendaitem M1.that would be heard duringAdministrative Presentationsaboutlitigation with Wipers Recyclingin Maplewood. At 11:25 p.m. Councilmember Juenemann moved to complete the remainder of the council meeting except for agenda items: N1, N2, N3 and M2which were tabled. Seconded by Mayor Rossbach.Ayes -All L.AWARD OF BIDS 1.Stillwater Road/TH 5 Improvements, Project 09-04, Resolution Receiving Bids and Awarding Construction Contract a.City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. Mayor Rossbachmoved to approve the resolution for receiving bids and awarding a construction contract for the Stillwater Road/TH 5 improvements, City Project 09-04. RESOLUTION10-03-372 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky and Sons, Inc., in the amount of $1,331,999.99 is the lowest responsible bid for the construction of the Stillwater Road/TH 5 Improvement –City Project 09-04 [S.P.6230-28 (T.H. 5=045), S.P.138-010-17], and the mayor and city manager 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. nd Adopted by the council on this 22day of March, 2010. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. M.ADMINISTRATIVE PRESENTATIONS 1.City Attorney Report a.City Attorney, Alan Kantrud gave a brief statementon the report. March 22, 2010 29 City Council MeetingMinutes 2.Approval of Resolution Adopting the 2010 City Council Goals (Tabled until the next council meeting so that the entire council can be present) 3.Update on 2010 Taste of Maplewood –Change of Location(No Report) a.City Clerk, Citizen Services Director, Karen Guilfoile gave anupdate regarding the change th of location for the 2010 Taste of Maplewood on August 6and 7th, 2010,which will be held atGoodrich Parkon North St. Paul Road. N.COUNCIL PRESENTATIONS N1.Citizens Forum (tabled) N2.Lawn Care (tabled) N3.Extreme Green Makeover (tabled) N4.NSP Resolution Request –Mayor Rossbach discussed turning information over to city staff from Transit Link which has replaced N.E.S.T. thatis no longer the curb –to-curb service provider for Maplewood riders. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 11:31p.m. March 22, 2010 30 City Council MeetingMinutes