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HomeMy WebLinkAbout07-13-1998 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Mondayy, July 13, 1998 Council Chambers, Muniapal Building Meeting No. 98-14 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Muniapal Building, and was called to order at 7:00 P.M. by Mayor Rossbach. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: George F. Rossbach, Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present Kevin Kittridge, Councilmember Present Marvin C. Koppen, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Regular Council Meeting #98-13 (June 22, 1998) Councilmember Carlson moved to a rove the minutes of Re ular Council Meetin No. 98-13 June 22 199 as resen e . Seconded by Councilmember Allenspach Ayes -All E. APPROVAL OF AGENDA: Mayor Rossbach moved to approve the Agenda as amended. M 1.Mayor's Mailbox M 2. Cable Questions Seconded by Councilmember Carlson Ayes -all F. APPOINTMENTS/PRESENTATIONS NONE G. CONSENT AGENDA: Councilmember Koppen moved seconded b Councilmember Kittrid e' a es -all to a rove the Consent Agenda, Items ru , as recommen e . 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 78,141.43 Checks #7535-#7540 dated 6-11-98 thru 6-17-98 $ 219,419.59 Checks #38362-#38473 dated 6-23-98 1 7-13-98 $ 66,878.86 Checks #7541-#7546 dated 6-19-98 thru 6-26-98 $ 225,612.14 Checks #38476-#38588 dated 6-30-98 $ 2,165.38 Checks #7547-#7550 dated 6-29-98 $ 299,153.82 Checks #38591-#38688 dated 7-7-98 $ 891,371.22 Total Accounts Payable PAYROLL: $ 307,446.21 Payroll Checks and Direct Deposits dated 6-26-98 $ 48,237.51 Payroll Deduction Checks #66107-#66120 dated 6-26-98 $ 355,683.72 Total Payroll $1.247.054.94 GRAND TOTAL 2. Waiver of Food Permit Fee: Pop Concessions -July Fourth Celebration Approved a waiver of the food permit fee for the pop vendor working the July Fourth Celebration. 3. Final Payment -Van Dyke Street Mill and Overlay: Project 96-13 Approved the following resolution: 98-07-68 ACCEPTANCE OF PROJECT 96-13 WHEREAS, the City Engineer for the City of Maplewood has determined that Van Dyke Street Mill and Overlay, City Project 96-13 is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota, that City Project 96-13 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. 4. Final Payment -Londin Lane and Mailand Road, Project 96-13. Approved the following resolution: 98-07-69 ACCEPTANCE OF PROJECT 97-07 WHEREAS, the City Engineer forthe City of Maplewood has determined that Londin Lane and Mailand Road, City Project 97-07 is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota, that City Project 97-07 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. 5. Purchase Agreement of Storm Pond Property -Harvester Avenue, Project 97-16 Approved the following resolution: 98-07-70 2 7-13-98 AUTHORIZING REAL ESTATE PURCHASE WHEREAS, the Council has authorized the advertisement of bids forthe Harvester Avenue Improvement, City Prppoject 97-16, and yy owned byEME Pe~teroFeisty950q Ferndale Stree$Nort hlMaple woodelMN 55119 3806 sAequired for City Project 97-16. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Attorney is hereby authorized to prepare a purchase agreement with Mr. Peter Feist for the purchase of said properties in the amount of $28,000, and THAT, pending award of the construction contract of City Project 97-16, the Mayor and City Manager are hereby authorized to ppurchase Lots 8 & 9, Block 7, Bartelmy Acres, Second Addition, Ramsey County, MN from Mr. Peter Feist, for the amount of $28,000. 6. Conditional Use Permit Review - 2695 Brookview Drive (Merit Chevrolet) Reviewed the Conditional Use Permit for Merit Chevrolet at 2695 Brookview Drive and moved to review the permit again in one year. 7. Conditional Use Permit Review - 2080 Rice Street (Schroeder Milk) Reviewed the Conditional Use Permit for Schroeder Milk at 2080 Rice Street and moved to review the permit again only if a problem develops. 8. Planning Commission Appointment Appointed Paul Mueller to the Maplewood Planning Commission. 9. Participation in the Safe and Sober Communities Program Approved the following resolution: 98-07-71 AUTHORIZING EXECUTION OF AGREEMENT BE IT RESOLVED, that the Maplewood Police Department is hereby authorized to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the proJ~ect entitled Safe and Sober Communities, during the period from 1 October 1998 through 36 September 1999. And; BE IT FURTHER RESOLVED, that the Maplewood Chief of Police is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf ofthe Maplewood Police Department and to be the fiscal agent and administerthe grant. 10. Donation to the Maplewood Police Reserve Accepted donation from the White Bear Avenue Business Association to the Maplewood Police Reserve. 11. Award of bid to Energy Sales Inc. for $66,290. Approved awarding of bid for Co-Ray-Vac Heating for Public Works and Park Maintenance Building to Energy Sales Inc. for $66,230. 12. Execution of Sub-Grant Agreement Approved the following resolution: 98-07-72 3 7-13-98 AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, enter into aSub-Grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety forthe program entitled Infrastructure Program for FEMA 1225 DR- MINNESOTA. City Manager Michael McGuire is hereby authorized to execute and sign such Sub-Grant Agreements as are necessary to implement the project on behalf of the City of Maplewood. H. PUBLIC HEARINGS 1. 7:00 P.M.(7:05): Cardinal Pointe Senior Housing (Hazelwood Street) Land Use Plan Change (M1 to RH) Conditional Use Permit for Planned Unit Development Parking Reduction Authorization Design Approval a. Mayor Rossbach convened the public hearing for the Cardinal Pointe Senior Housing Project. b. Manager McGuire introduced the staff report. c. Community Development Director Melinda Coleman presented the specifics of the report. d. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The following persons were heard: Paul Sentman, Re resenting Presentation Homes George Supan, 300 Hazelwood Street Jerry Peterson, 3016 Hazelwood Street f. Mayor Rossbach closed the public hearing. g. Councilmemeber Kittridge introduced the following Resolution and moved its adoption: 98-07-73 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Paul Sentman, representing Presentation Homes, Inc. applied for a conditional use permit (CUP) forthe Cardinal Pointe senior housing planned unit development (PUD). WHEREAS, this permit applies to the undeveloped property on the west side of Hazelwood Street between Beam Avenue and County Road D. The legal description is: The North 955.5 feet of the South 2075 feet of that part of Northwest Quarter in Section 3, Township 29, Range 22, Ramsey County Minnesota, lying East of the East line of the right-of-way of the Saint Paul and Duluth Railway (now Northern Pacific railway) according to the United States Government Survey thereof. Subject to Hazelwood and easements of record. WHEREAS, the history of this conditional use permit is as follows: 1. On June 15, 1998, the Planning Commission recommended that the City Council approve this permit. 2. On July 13, 1998, 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 4 7-13-98 recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run- off,vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans date-stamped May 11, 1998. The City Council may approve major changes. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The owner shall not convert this development to non-seniors housing without the revision of the planned unit development. For this permit, the City defines seniors housing as a residence occupied by at least one person 62 years of age or older. 4. There shall be no outdoor storage of recreational vehicles, boats or trailers. 5. Residents shall not park trailers and vehicles that they do not need for day- to-day transportation on site. If the City decides there are excess parking spaces available on site, then the City may allow the parking of these on site. 6. If the City Council decides there is not enough on-site parking after the building is 95 percent occupied, the City may require additional parking. 7. The developer shall provide an on-site storm shelter in the apartment building. This shelter shall be subject to the approval of the Director of Emergency Preparedness. It shall have a minimum ofthree square feet per person for 80°k of the planned population. 8. The City Council shall review this permit in one year. 5 7-13-98 9. The developer shall install an 8-foot-wide bituminoustrail along the west side of Hazelwood Street between the south driveway on the site to the north line of the convenience store property on the corner of Hazelwood and Beam Avenue. Seconded by Councilmember Carlson Ayes -All h. Councilmemeber Kittridge introduced the following Resolution and moved its adoption: 98-07-74 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Paul Sentman, representing Presentation Homes, Inc. applied for a change to the City's land use plan from M-1 (light manufacturing) to RH (residential high density). WHEREAS, this change applies to the undeveloped propperty located on the west side of Hazelwood Street between Beam Avenue and County Road D. WHEREAS, City staff also requested a change to the land use plan to drop the planned major collector street between Beam Avenue and County Road D that would connect Highway 61 and Hazelwood Street. WHEREAS, the history of this change is as follows: 1. On June 15, 1998, the Planning Commission held a public hearing. The City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council approve the plan amendments. 2. On July 13, 1998, the City Council discussed the land use plan changes. They considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described changes for the following reasons: 1. This site is proper for and consistent with the City's policies for high-density residential use. This includes: a. Creating a transitional land use between the existing low density residental and commercial land uses. b. It is on a collector street and is near Saint John's Hospital, shopping, an arterial street, parks and open space. 2. This development will minimize any adverse effects on surrounding properties because: a. The proposed on-site pond and large setback from the street will separate the senior housing from nearby homes. b. Studies have shown there will be no adverse effect on property values. c. There would be no traffic from this development on existing residential streets. 3. The City does not plan to build the proposed collector street between Beam Avenue and County Road D that would connect Highway 61 and Hazelwood Street because the existing wetlands and golf course would make it difficult to 6 7-13-98 build a street in this area. Seconded by Councilmember Carlson Ayes -All I. Councilmember Kittridge moved to approve 149 parking spaces (108 garage spaces and 41 open spaces), rather-tTian f~' spire y o e, ecause: 1. The parking space requirement is not proper for senior housing, because there are fewer cars per unit in these projects. 2. The City has approved fewer parking spaces for other senior housin including the Village on Woodlynn and the Carefree ~ottages. Seconded by Councilmember Carlson Ayes -All j. Councilmember Kittridge moved to a rove the tans date-stam ed Ma 11 1998 under the following con i ions: 1. Repeat this review in two years if the City has not issued a building permit for this project. 2. Complete the following before the City issues a building permit: a. Have the City Engineer approve final construction and Engineering plans. These plans shalt include: grading, utility, drainage, erosion control, tree, sidewalk and driveway and parking lot plans. The plans shall meet the following conditions: (1) The erosion control plan shall be consistent with City Code. (2) The grading plan shall: a. Include building, floor elevation and contour information. b. Include contour information for the land that the construction will disturb. c. Show sedimentation basins or ponds as required by the watershed board or by the City Engineer. d. Show all proposed slopes steeper than 3:1 on the proposed construction plans. The City Engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. e. Show all retaining walls on the plans. Any retaining walls more than 4 feet tall require a building permit from the City. (3) The tree plan shall: a. Be approved by the City Engineer before site grading or tree removal. b. 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. c. Show the size, species and location of the replacement trees. The deciduous trees shall be at least two and one half (2'/2) inches in diameter and shall be a mix of red and white oaks and sugar maples. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine, eastern red cedar and other species. d. Show no tree removal beyond the approved grading and tree limits. 7-13-98 (4) The design of the storm water pond shall be subject to the approval of the (5) All the parking areas and driveways shall have continuous concrete curb (6) The driveways shall meet the following standards: a. Developer shall move northerly driveway approximately 150' to align b. 24-foot width--no parking on either side and 32-foot width--parking on one side. c. The developer or contractor shall post the driveways with no parking signs to meet the above-listed standards. b. Submit alawn-irrigation plan to staff showing the location of sprinkler heads. c. Submit a certificate of survey for all new construction. d. Revise the landscape plan for City staff approval showing: (1) All trees would be consistent with City standards for size, location and species. (2) Additional trees on the berm between the driveways. (3) The planting of evergreens on the site to replace some of the proposed Black Hills SSpruce, sub~ec to City staff approval. These should be primarily on the east side of the site and near the storm water pond. (4) Planting (instead of sodding) the disturbed areas on the north and east sides of the apartment building around he storm water pond with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance. This is to reduce maintenance costs and to reduce the temptation of mowers to encroach into the pond. (5) The planting of native grasses and flowering plants around the proposed storm water pond. This ty e of planting shall extend at least four feet from the ordinary high water mark (OHWM~ of the pond. e. The Fire Chief shall approve the access to the back of the building for firefighting needs. 3. Complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. c. Install reflector stop signs at the Hazelwood Street exits, ahandicap- parking sign for each handicap-parking space and an address on the building. n addition, the applicant shall install stop signs and traffic directional signs within the site, as required by staff. d. Paint any roof-top mechanical equipment to match the uppermost part of the building. Screen all roof-mounted equipment visible from streets or adjacent property. (Code requirement) e. Construct trash dumpster and recycling enclosures as City Code requires for any dumpsters or storage containers that the owner or building manger would keep outside the building. Any such enclosures must match the materials and colors of the building. f. Taper the sidewalk along Hazelwood Street to match the driveway grades. g. Install and maintain an in-ground sprinkler system for all landscaped areas. 8 7-13-98 h. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. i. Install a storm shelter in a central location in the apartment building. This shelter shall be subject to the approval of the Maplewood Director of Emergency Preparedness. It shall have a minimum of three square feet per person for 80°k of the planned population. j. Install on-site lighting for security and visibility, subject to City staff approval. k. The developer or contractor shall: (1) Place temporary orange safety fencing and signs at the grading limits. (2) Remove any debris or junk from the site. 4. If any required work is not done, the City may allow temporary occupancy if a. The City determines that the work is not essential to the public health, safety or welfare. b. The City receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 200 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 of occupancy if the building is occupied in the spring or summer. c. The City receives an agreement that will allow the City to complete any unfinished work. 5. This approval does not include the signs. 6. All work shall follow the approved plans. The Director of Community Development may approve minor changes. Seconded by Councilmember Carlson Ayes -All Councilmember Carlson moved to have staff investi ate the ossibilit of lowerin the speed limit to 30 mph for Hazelwoo ree . Seconded by Councilmember Koppen Ayes -All 2. 7:20 P.M.(8:03 : Carey Addition (Carey Heights Drive, South of County Road D) and Use Plan Change (R-1 to R-1 S) Zoning Map Change (R-1 to R-1 S) Preliminary Plat Revision a. Mayor Rossbach convened the meeting for a public hearing regarding the Carey Addition. b. Manager McGuire introduced the staff report. c. Director of Community Development Melinda Coleman presented the specifics of the report. 7-13-98 9 d. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The following persons were heard: Robert Cardinal, Representing Calhoun Companies Mike Krahmer, 2999 Carey Heights Drive Pam Krahmer, 2999 Carey Heights Drive Rich Pierson, 2990 Carey Heights Drive g. Mayor Rossbach closed the public hearing. h. Councilmemeber Koppen introduced the following Resolution and moved its adoption: 98-07-75 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Robert Cardinal of the Calhoun Companies proposed a change to the City's land use plan from R-1 (single dwellings) to R-1 S (single dwellings -small lot). WHEREAS, this change applies to Lots 1-6, Block 1 and Lots 1-6, Block 4 of the proposed Carey Addition along Carey Heights Drive, south of County Road D. WHEREAS, the history of this change is as follows: 1. On May 4, 1998, 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 not approve the plan amendment. 2. On May 21, 1998, the City Council discussed the proposed land use plan change. They considered reports and recommendations from the Planning Commission and City staff. 3. On July 13, 1998, the City Council again considered this proposal. They considered the reports and recommendations of the City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described change for the following reasons: 1. It would be consistent with the goals and objectives of the comprehensive plan. 2. This area would serve as a transition area between the single dwellings to the south and County Road D to the north. 3. It would be consistent with the proposed zoning and land uses. Seconded by Councilmember Allenspach Ayes -All i. Councilmember Koppen introduced the following Resolution and moved its adoption: 98-07-76 ZONING MAP CHANGE 7-13-98 10 WHEREAS, Robert Cardinal of the Calhoun Companies proposed a change to the zoning map from R-1 (single dwellings) to R-1 S (small lot single dwellings). WHEREAS, this change applies to the property south of County Road D along Carey Heights Drive. WHEREAS, the legal description is: The proposed Lots 1-6, Block 1 and Lots 1-6, Block 4 of the proposed Carey Addition along Carey Heights Drive, south of County Road D in Section 4, Township 29 North, Range 22 West, Ramsey County Minnesota. WHEREAS, the history of this change is as follows: 1. On May 4, 1998, the Planning Commission recommended that the City Council not approve this change. 2. On May 21, 1998, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The Council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the City staff and Planning Commission. 3. On July 13, 1998, the City Council again considered this request. The Council again considered reports and recommendations from City Staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the Zoning Code. 2. The proposed change will not substantially inure or detract from the use of neighboring property or from the character ofJthe neighborhood, and that the use of the property adJ~acent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The owner plans to develop this part of the property for small lot single dwellings. Seconded by Councilmember Allenspach Ayes -All j. Councilmember Koppen moved to a rove the relimina lat revision rovided that the contractor comple e e o owing: 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. 7-13-98 11 b. Place temporary orange safety fencing and signs at the grading limits. c. Have NSP install Traditional Style, Group V rate street lights in two locations - at the intersection of Carey Heights Drive and County Road D and where the proposed trail and Carey Heights Drive intersect. The exact 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. Demolish or remove the existing house and garage at 1170 County Road D, and all other buildings, scrap metal, debris and junk from the site. g. Cap and seal all wells on site that the owners are not using; remove septic systems or drain fields, subject to the environmental health official's approval. Within one year of the contractor installing the sanitary sewer, the owners of the existing houses on Carey Heights Drive shall connect their houses to the sanitary sewer. h. Complete all the curb and gutter on Carey Heights Drive on the south side of the site, repair the temporary cul-de-sac and restore and sod the boulevards. I. Construct eight-foot-wide paved walkways and fencing across in a trail way between Lot 6, Block 1 and Lot 6, Block 2 and between Lot 6, Block 4 and Lot 6, Block 3 as shown on the plat date-stamped July 6, 1998. These trails shall be between the street and the property lines on the east and west sides of the site. The developer also shall provide a fence on both sides of the trails and shall install posts at the end of the trails to prevent cars or trucks from using the trail. The developer shall build the trails and any required fencing with the street. The City Engineer must approve these plans. Maplewood is requiring the developer to pay for the trails within the plat since the trail will provide access to the new City park to the residents of the new plat. 2. Have the City Engineer approve final construction and Engineering plans. These plans shall include grading, utility drainage, erosion control, tree, trail and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the City Code. b. The grading plan shall: (1) Include proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Include contour information for all the land that the construction will disturb. (3) Show housing pads that reduce the grading on sites where the developer can save large trees. (4) Show the proposed street grades as allowed by the City 7-13-98 12 Engineer. (5) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The City Engineer shall approve the plans, speafications and management practices for any slopes steeper than 3:1. (6) Show all retaining walls on the plans. Any retaining walls more than 4 feet tall require a building permit from the City. c. The tree plan shall: (1) Be approved by the City Engineer before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the replacement trees. The deciduous trees shall be at least two and one half (2 YZ) inches in diameter and shall be a mix of red and white oaks and su ar maples. The coniferous trees shall be at least eight (8~ feet tall and shall be a mix of Austrian pine and other species. (4) Show no tree removal beyond the approved grading and tree limits. d. The street and utility plans shall show: (1) Paved walkways and fencing in a trail way between Lot 6, Block 1 and Lot 6, Block 2 and between Lot 6, Block 3 and Lot 6, Block 4. These trails shall be between the street and the property lines on the east and west sides of the site. The parks and recreation Director shall approve their design. (2) The streets shall be a 9-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of the south edge of County Road D at two percent. 3. Change the plat as follows: a. Add drainage and utility easements as required by the City Engineer. b. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Show the existing pipeline and the NSP and pipeline easements on the final plat. d. If necessary, increase the lot widths for the lots next to the pipeline to ensure that the house pads will be at least 100 feet away from the pipeline. (Code requirement) e. Change the 38-foot-wide trail easements to 18-foot-wide trail ways between the right-of-way of Carey Heights Drive and the east and 7-13-98 13 west property lines. f. Revise Lots 2-6, Block 4, so that Lots 2-5 are at least 7,500 square feet. 4. Secure and provide all required easements for the development including any off- site drainage and utility easements. 5. The applicant or developer shall provide a certificate of survey of the area between the houses at 1174 and 1176 Carey Heights Drive to verify the location of the swimming pool. If necessary, the applicant or developer shall move the proposed property line between Lots 2 and 3, Block 3 to ensure that the pool is completely on the lot with the house at 1174 Carey Heights Drive. 6. 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. 7. Record the following with the final plat: a. A deed restriction prohibiting the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects Lot 6, Block 1 and Lot 6, Block 4 of the proposed preliminary plat the City received on July 6, 1998. The developer also shall notify the purchasers of the pipeline location. b. A deed dedicating 10 feet of additional right-of-way along County Road D for future street widening with the final plat. The applicant shall submit the language for this dedication to the City for approval before recording. c. A covenant or deed restriction with the final plat that prohibits the driveways on Lot 1, Block 1 and on Lot 1, Block 4 from going onto County Road D. d. A covenant that requires the house on Lot 1, Block 3, to have at least a 15-foot side yard setback from the south-side property line. 8. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 9. The owners of the properties at 1174 and 1176 County Road D shall change the addresses of their properties to Carey Heights Drive addresses within g0 days of the contractor installing the base bituminous course for the new public street. 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 Allenspach Ayes -All I. AWARD OF BIDS 1. 1998 Bituminous Seal Coat, Project 98-02 7-13-98 14 a. Manager McGuire introduced the staff report. b. Director of Public Works Ken Haider presented the specifics of the report. c. Councilmemeber Carlson introduced the following Resolution and moved its adoption: 98-07-77 AWARD OF BIDS FOR PROJECT 98-02 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Allied Blacktop Company in the amount of $80,470 is the lowest responsible bid for the construction of 1998 Seal Coat, City Project 98-02, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Seconded by Councilmemeber Koppen Ayes -All J. UNFINISHED BUSINESS K. NEW BUSINESS 1. Assessment Objections -English Street Improvements, Project 96-19 a. Manager McGuire introduced the staff report. b. Director of Public Works Ken Haider presented the specifics of the report. c. Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Mayor Rossbach closed the public hearing. Mayor Rossbach moved staff recommendation to den chan a in assessments for 1821 English Stree an nq is ree . Seconded by Councilmemeber Carlson Ayes -Mayor Rossbach, Councilmembers Carlson and Koppen Nayys - Councilmemeber Allenspach and Kittridge 2. Approval of Park-Naming Policy a. Manger McGuire introduced the staff report. b. Director of Parks Anderson presented the specifics of the report. Councilmemeber Koppen moved to a rove the ark-namin olic ro osed b the Parks and Recreation Departmen . Seconded by Councilmember Carlson Ayes -All 7-13-98 15 3. Open Space Process a. Manager McGuire introduced the staff report and the specifics of the report. b. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The following person was heard: Carolyn Peterson 1999 Jackson Street Councilmemeber Koppen moved to a rove the ro osed rocess for urchase of o ens ace ro ert wi wor in c an e o re ec w en ro ose o en s ace recommen a ions are su mi e o e ar an annin ommissions for the review an commen a ose mee ings e u is earings. Seconded by Councilmemeber Carlson Ayyes -Councilmembers Allenspach, Carlson, Kittrid e, Koppen Nay - Mayor Rossbach L. VISITOR PRESENTATIONS 1. Curtis Peterson, 2533 Stillwater Road was present to observe the meeting in pursuit of his Boy Scout merit badge in communication. M. COUNCIL PRESENTATIONS 1. Mayor's Mailbox -Mayor Rossbach encouraged attendance at the Ramsey County Fair being held this year at Harriet Island from July 15-19. Free bus transportation will be provided for Maplewood residents, more information will be provided in the Maplewood Review. Mayor Rossbach also announced the upcoming White Bear Avenue parade on July 16, 1998 at 7:00 p.m. and the Mid Summer Night meetings being held in Maplewood neighborhood parks. 2. Discussion was held regarding the cancellation of the History Channel on cable television. Councilmemeber Carlson informed Council that he will obtain more information at the October Cable Commission Meeting. N. ADMINISTRATIVE PRESENTATIONS 1. City Attorney Update: American Portable Telecom (APT) Litigation (Closed Session) Councilmember Carlson moved at 8:50 .m. to o into closed session for the ur ose an update on litigation with Seconded by Councilmember Koppen Ayes -All Those present were Mayor Rossbach, Councilmembers Allenspach, Carlson, Kittridge, and Koppen, City Manager McGuire, City Attorney Kelly, Director of Community Development Coleman, Director of Public Works Haider, City Clerk Guilfoile and Attorney James Gollembeck. a. City Attorney Kelly introduced James Gollembeck, League of Minnesota Cities Attorney representing the City in the litigation with APT. Attorney Gullinbach presented an update on the current litigation. Mayor Rossbach moved at 9:03 p.m. to open the closed meeting. 7-13-98 16 Seconded by Councilmember Koppen Ayes -All O. ADJOURNMENT Councilmember Koppen moved to adjourn the meeting at 9:05 p.m. Seconded by Councilmember Allenspach Ayes -All Karen Guilfoile, City Clerk 7-13-98 17