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HomeMy WebLinkAbout1988 09-26 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 26, 1988 Municipal Administration Building Meeting No. 88 - 21 (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF MINUTES 1. Minutes of Meeting No. 88 - 15 (July 11, 1988) 2. Minutes of Meeting No. 88 - 16 (July 25, 1988) 3. Minutes of Meeting No. 88 - 20 (September 12, 1988) (D) APPROVAL OF AGENDA (E) CONSENT AGENDA 1. Approval of Claims 2. Time Extension: Miggler Addition 3. Conditional Use Permit Renewal: Harmony School 4. Home Occupation Renewal: 1161 Leland Road 5. Renewal of Insurance Contracts 6. Budget Transfer: Planning Consultant 7. Request For No Parking Signs - Larpenteur Avenue 8. Price and Ruth - Stop Sign 9. Accept Resignation of John Prey - HRC and HRA 10. Authorization To Fill Part Time Position 11. Resolution - Uniform Policy - Cable Companies (F) PUBLIC HEARINGS 1. 7 :00 P.M., Conditional Use Permit Revision (Mn. DOT Research Building) 2. 7:10 P.M., Gervais Avenue a. Sewer Plan Amendment (4 Votes) b. Public Improvement Project (4 Votes C. No Parking Designation 3. 7:20 P.M., 2829 -47 White Bear Avenue a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) 4. 7:30 P.M., Conditional Use Permit Termination (Sbarro's Game Room) 5. 7 :40 P.M., Driveway Variance - 1377 Belmont (G) AWARD OF BIDS I. Southlawn Avenue, Project 85 -17 JH) UNFINISHED BUSINESS 1. Goff's Maplewood Third Addition a. Variation b. Final Plat 2. Code Amendment: Setback to Residential Districts (4 Votes (I) NEW BUSINESS 1. Regional Railroad Authority — Appointment to N.E. Corridor Task Force 2. T.H. 61 Frontage Road, North of County Road C (Petition (J) VISITOR PRESENTATIONS (K) COUNCIL PRESENTATIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10, 11. 12. (L) ADMINISTRATIVE PRESENTATIONS (M) ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL 7 ;00 P.M., Monday, July 11, 1988 Council Chambers, Municipal Building Meeting No. 88 - 15 A.. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:02 P.M. by Mayor Greavu. B. RECALL John C. Greavu, Mayor Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Reconsideration of Recycling 2. Water on Castle 3. Footprint Lake 4. Manager's Meeting 5. Phalen Path 6. Sterling Street Watermain Financing 7. Delete Stem F -3 8. Add Item 1 -9, Animal Prize Ordinance Seconded by Councilmember Anderson. Ayes - a11. E. CONSENT AGENDA Mayor Greavu 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses, Check No. 2474 - 2499 and 7801 - 7865 dated 6 -14 -88 - 6 -30 -88 - $413,571.11; Check 3368 - 3522 dated 7 -11 -88 - $210,248,39) in the amount of $623,819,50, 2. 1988 Labor Settlement Approved an additional $5260 transfer from the Contingency Account to the appropriate department accounts that is necessary to finance the 1988 labor settlements, 3. Time Extension: Cave's Currie Street Addition Approved a one -year time extension for Cave's Currie Street Addition prelimi- nary plat, 7/11 Approved the final plat, subject to completing the preliminary plat condi- tions before the plat is signed by the City. F. PUBLIC HEARINGS 1. 7:00 P.M., Conditional Use Permit Renewal and Revision: 1201 Frost Avenue (Skon) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Jonathan Timothy Skon for renewal of their conditional use permit for used car sales and for approval of a revision of the conditional use permit to allow them to sell cars, but not display them before the black- topping is installed. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Chairman Les Axdahl presented the Planning Commission recommendation. e. Mr. Skon, one of the applicants, spoke on behalf of his proposal. f. Mayor Greavu called for persons who wished to be heard, for or against the proposal.. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Bastian intro duced the following resolution and moved its adoption: 88 -7 -104 WHEREAS, Jonathan and Timothy Skon initiated a conditional use permit to sell used cars at the following- described property: Lots 1 -9, Block 4, Lincoln Park and the west half of vacated Duluth Street. This property is also known as 1201 C Frost Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was approved by the Maplewood City Council on April 13, 1987, subject to the following conditions: a. No more than two automobiles shall be displayed for sale at any one time that would be visible from Frost Avenue. b. No more than four vehicles shall be offered for sale at any time. c. A portion of the gravel parking lot shall be blacktopped and striped as determined by the Community Design Review Board. - 2 - 7/11 d. No cars shall be within fifteen feet of the right -of -way, unless the Community Design Review Board approves a park- ing lot with a closer setback. e. Vehicle parts are not to be stored outside. 2. This conditional use permit amendment was reviewed by the Maplewood Planning Commission on June 20, 1988. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on July 11, 1988, to consider the amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hear- ing were given an opportunity to be heard and present written statements. The council also considered reports and recommenda- tions of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be amended on the basis of the follow- ing findings -of -fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detri- mental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous,.detrimental or disturbing to present and potential - surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. b. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area proper- ties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. - 3 - 7/11 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. No vehicle shall be displayed for sale until bituminous paving and striping is provided for the vehicle sales area. After paving is provided, no more than two automobiles shall be displayed for sale at any one time that would be visible from Frost Avenue. 2. No more than four vehicles shall be offered for sale at any time. 3. The Community Design Review Board shall approve the paving and striping plan. 4. No cars shall be within fifteen feet of the right -of -way, unless the Community Design Review Board approves a parking lot with a closer setback. 5. Vehicle parts are not to be stored outside. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Bastian, Juker and Rossbach. Nay - Councilmember Anderson. 2. 7:10 P.M., Code Variation South of Fish Creek a. On -Site Sewage Systems b. Gravel Shoulders c. 24 foot wide Streets 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Lawrence D. Anderson for subdivision code variations to develop seven 40,000 square foot lots with on site sewage dis- posal systems; to substitute ditches and 3 to 5 foot wide gravel shoulders along new streets for storm sewer, curb and gutter; to build 24 foot wide streets. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Chairman Axdahl presented the Planning Commission recommendation. 5. Lawrence Anderson, the applicant, spoke on behalf of the proposal. 6. Mayor Greavu called for persons who wished to be heard for or against the proposal. None were heard. 7. Mayor Greavu closed the public hearing. 5 - 4 - 7/11 8. Mayor Greavu moved to table this item until the meeting of Jul 25, 1988. Motion died for lack of a second. 9. Councilmember Anderson moved to dan,, rf,e _r u._ ._ Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Juker and Rossbach. Nays - Mayor Greavu, Councilmember Bastian. 3. 7:20 P.M., Variance: 1281 Kohlman (Kruse) Deleted from the Agenda. G. AWARD OF B IDS None. H. UNFINISHED BUSINESS 1. 2280 Stillwater Avenue (Lincoln Park Seniors) a. Variance - 4 Stories b. Variance - Area /Unit c. Reduced Parking d. Conditional Use Permit - 4 Stories I. Manager McGuire presented the Staff report. 2. Harry Olson, Architect representing C.A.S.H., spoke on behalf of the proposal. 3. The following persons expressed their views: Tim Riemer, 875 No. McKnight Road Mary Haglund, representing C.A.S.H. Councilmember Juker read letters from: William P. Constinius, 840 No. McKnight; Karl and Eleanore Imeidoph, 2307 Stillwater Avenue; Laurie Thorson, 926 No. McKnight Road; and Gust Mondo, 946 No. McKnight Road, opposing the proposal. Matt Brockway, 918 McKnight. William Robbins, 2277 Stillwater Joe Boland; 131 Crestview Drive Penny Hunt, Attorney for C.A.S.H. 4. Councilmember Bastian Seconded by Mayor Greavu. - 5 - 7/11 5. Councilmember Bastian withdrew his motion. 6. Mayor Greavu moved to table this it until after Item H-2 is heard. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach. Nay - Councilmember Bastian. 2. Code Amendment: Shoreland Overlay District -- 2nd Reading (4 Votes) a. Director of Community Development Olson presented the Staff report. b. Councilmember Bastian moved to approve the ordinance as amended Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson and Bastian. Nays - Councilmembers Juker and Rossbach. Motion failed. C, Councilmember Rossbach introduced the followi adoption ng ordinance and moved its ORDINANCE NO. 628 AN ORDINANCE ALLOWING REDUCTIONS IN SHORELAND DISTRICT STANDARDS The Maplewood City Council hereby ordains as follows: Section 1. Section 36 -566 (j) is amended as follows: (j) Reduction in development standards: (1) Where a shoreland property is: (a) separated from all protected waters by a principal or major arterial roadway, as defined by the Maplewood Land Use Plan, (b) the area does not drain directly to a protected water, and (c) the visual impact of t he area from the lake surface is minimal, all applicable development standards may be re- duced in restrictiveness by one protected waters classification. (i.e., Property subject to Class III standards may a s subject to Class II development standards.) (2) Not withstanding the maximum building height requirements in Section 36 -566 (b) and (c), the maximum building height shall not exceed 42 feet from the street side for structures that would be at least 80% screened from view from at least 80% of the shoreline of a protected water during the summer. (3) Minimum area - per -unit requirements in Section 36 -566 (c) shall not apply to developments that are at least 80% screened from view from at least 80% of the shoreline of a protected water during the summer, do not have frontage or private docking facilities on a - 6 - 7/11 protected water and which comply with impervious surface requirements. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Anderson. Ayes -- Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach. Nay - Councilmember Juker. 1. 2280 Stillwater Avenue (Lincoln Park Seniors) Continued: a. Variance - 4 stories b. Variance — Area /Unit c. Reduced Parking d. Conditional Use Permit - 4 Stories 1. Mayor Greavu introduced the following resolution and moved its adoption: 88 -7 -105 WHEREAS, te a reduction of parking A from d 172 e to e 61 spaces 1(49hgarageuspaces and 12 open spaces) at the following- described property: That part of Tract A, Registered Land Survey No. 137, files of Registrar of Titles, Ramsey County, Minnesota, described as follows: Beginning at the northeast corner of said Tract A; thence South 81 degrees 50 minutes 00 seconds West, along the north line of said Tract A a distance of 40.42 feet; thence South 0 degrees 04 minutes 19 seconds West, parallel with the east line of said Tract A, a distance'of 216.17 feet; thence South 46 degrees 24 minutes 30 seconds West, a, distance of 357.67 feet; thence South 48 degrees 26 minutes 55 seconds East a distance of 228.00 feet to the south line of said Tract A; thence North 89 degrees 46 seconds 18 min- utes East, along said south line, a distance of 127.93 feet to the southeast corner of said Tract A; thence North 0 degrees 04 seconds 19 minutes East, along said east line, a distance of 619.26 feet to the point of beginning. WHEREAS, the procedural history of this request is as follows: 1. This request was reviewed by the Maplewood Planning Commission on May 2, 1988. The Planning Commission recommended to the City Council that said request be approved. 2. The Maplewood City Council held a public hearing on July 11, 1988. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an oppor- tunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. - 7 7/11 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described request be approved on the basis of the following findings -of -fact: a. The proposed parking space to unit ratios of .71 initially and :95 if each of the "future" spaces is constructed, are greater than the average of .49 spaces per unit found among 15 developments outside Maplewood that attract residents of a similar age. b. Council has approved a reduced number of parking spaces for each of the previously approved senior residences. c. The code was adopted to regulate apartments designed for families and does not address the reduced parking need for senior housing. Approval is subject .to: a. A perpetual, recordable easement for use of the 23 parking spaces on the church's property, adjacent to the seniors project, shall be submitted to the City. This easement shall be recorded against the church property if the City Council determines that there is insufficient parking. The easement may be released by the Council one year after 95% occupancy of the building or anytime thereafter. If the church parking proves inadequate, or the church refuses to grant an easement, the City Council may require the construction of additional on- site parking spaces. b. Any spaces to be used on the church property shall be posted as such. c. Conversion to non- seniors housing shall be prohibited, unless additional land is obtained to comply with density and parking requirements. Seconded by Councilmember Bastian. Ayes - all. 2. Councilmember Bastian moved to deny the Et quest for a variance - area /Unit and reduced parking_ Seconded by Councilmember Rossbach. Ayes - all. 3. Mayor Greavu moved to approve the Conditional Use Permit for 4 stories Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson and Rossbach Nays - Councilmembers Bastian and Juker. Motion failed. 4. Councilmember Rossbach introduced the following resolution and moved its adoption: - 8 - 7/11 88 -7 -106 WHEREAS, the Community for Affordable Senior Housing initiated a conditional use permit to build a 42 -foot -high senior building at the following - described property: That part of Tract A, Registered Land Survey No. 137, files of Registrar of Titles, Ramsey County, Minnesota, described as follows; Beginning at the northeast corner of said Tract A; thence South 81 degrees 50 minutes 00 seconds West, along the north line of said Tract A a distance of 40.42 feet; thence South 0 degrees 04 minutes 19 seconds West, parallel with the east line of said Tract A, a distance of 216.17 feet; thence South 46 degrees 24 minutes 30 seconds West, a distance of 357.67 feet; thence South 48 degrees 26 minutes 55 seconds East a distance of 228.00 feet to the south line of said Tract A; thence North 89 degrees 46 seconds 18 minutes East, along said south line, a distance of 127,93 feet to the southeast corner of said Tract A; thence North 0 degrees 04 seconds 19 minutes East, along said east line, a distance of 619.26 feet to the point of beginning. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on May 2, 1988. The Planning Commission recommended to the City Council that said permit be approved. 2, The Maplewood City Council held a public hearing on July 11, 1988. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an oppor- tunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described conditional use permit be approved on the basis of the following findings -of -fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use .would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. - 9 - 7/11 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue bur- den to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirement's at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach. Nay - Councilmember Juker. 3. C.D.R.B. Appeal: Finamart (County Road B and White Bear) a. Mayor Greavu moved to table until Augusdt 8 1988 Meeting Seconded by Councilmember Bastian. Ayes - all. 4. Dege Garden Center a. Manager McGuire presented the Staff report. b. Mr. Dege requested the definition of vehicle storage on his property. c. City Attorney Bannigan provided the definition and how it affects Mr. Dege's permit. d. No action taken. I. NEW BUSINESS 1. "Garbage Houses" a. Manager McGuire submitted a report on "garbage Houses" as requested by Council. b. No action taken. 2. Cottages of Maplewood a. Manager McGuire presented the Staff report. b. Mary Ippel, Briggs and Morgan, bonding consultant, spoke on behalf of the proposal. - 10 - 7/11 c. Councilmember Bastian moved to agree with the Community Development Block Grant financing without the necessity of a letter of credit Seconded by Councilmember Rossbach. Ayes - all. 3. Appointment to East Community Family Center a. Manager McGuire stated Councilmember Gary Bastian announced his resig- nation from the Board of the East Communities Family Center at the last City Council Meeting. b. Mayor Greavu moved to appoint Councilmember Anderson to the Board of the East Communities Family Center. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Bastian and Rossbach. Nay - Councilmember Juker Councilmember Anderson abstained. 4. McKnight Road Phase 2, Project 87 -04, Schedule Public Hearing. a. Manager McGuire presented the staff report. b. Mayor Greavu introduced the following resolution and moved its .adoption: 88 -7 -107 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of McKnight Road between Larpenteur Avenue and Holloway Avenue,' City Project 87 -04 by con- struction of street with concreet curb and gutter, storm sewer, utility re- construction and appurtenances, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising, this Council that the proposed improvement on McKnight Road between Larpenteur Avenue and Holloway Avenue, City Project 87 -04 by construction of street with concrete curb and gutter, storm sewer, utility reconstruction and appurtenances is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of $73,752.63. 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the 8th day of August, 1988, at 7:00 P.M., to consider said improvement. The City Clerk shall give mailed and published notice of said hearing - 11 - 7/11 and improvement as requiral by law. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. 5. Ferndale Street Storm Sewer, Project 87 -20 - Approve Plans a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 88 -7 -109 WHEREAS, pursuant to resolution passed by the City Council on May 23, 1988, plans and specifications for Ferndale Street Storm Sewer, Project 87 -20, have been prepared under the direction of the City Engineer, who has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction. Bulletin an advertise- ment for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 9:30 A.M., on the 5th day of August, 1988, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The City Clerk and City engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. 6. Sterling Street Water Main, Project 87 -45 Approve Plana a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resol ution and moved its adoution: 88 - 7 - 110 WHEREAS, plans and specifications for grading and water main to the - 12 - 7/11 >r elevated tank on Sterling Street, Project 87 -45, have been prepared under the direction of the City Engineer, who has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 9:00 A.M., on the 5th day of August, 1988, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, for five percent of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and in- structed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at the regular City Council meeting of August 8, 1988. 7 Seconded by Councilmember Rossbach. Ayes - all. McKnight Road Phase 3, Project 87 -05 - Approve Plans a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 88 -7 -111 WHEREAS, Ramsey County has prepared plans for reconstruction of McKnight Road within Maplewood.from Conway Avenue to 1200 feet north of Stillwater Road. WHEREAS, the City Engineer has reviewed such plans and presents said plans to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: The plans for reconstruction of McKnight Road from Conway Avenue to 1200 feet north of Stillwater Road, State Projects 62- 668 -26, 62- 668 -30 and 6230 -24, City Project 87 -05, are approved. This approval is independent of proposed cooperative agreements for the construction of this project. Seconded by Councilmember Juker. Ayes - all. - 13 - 7/11 P Five Year Capital Improvement Plan a. Mayor Greavu moved to table to later Agneda Seconded by Councilmember Anderson. Ayes - all. Animal Prize Ordinance - 2nd Reading a. Manager McGuire presented the Staff report. b. Councilmember Bastian introduced the following ordinance and moved its adoption: E ORDINANCE NO. 629 ITINERANT SHOWS AND CARNIVALS Section 6 -90. Definition. Itinerant carnival. "Itinerant carnival" means any street show, street fair, side show, circus, or other similar enterprise which is held, operated, or carried on in an open or indoors, upon or within any public or private ground, at which there congregates and assembles, with or without the payment of an admission fee, a gathering of people as spectators or otherwise. Section 6 -91. Licensing of itinerant shows The Maplewood City Council. or other public authority shall issue licenses or permits or any other grant of authority permitting the operation or carrying on of any itinerant carnival within the limits of the City of Maplewood only after the applicant has ob- tained written consent thereto of the City Council of Maplewood.. OccLluit o -74, nestrictzons on licensing of itinerant shows A license or permit or any other grant of authority permitting the operation or carrying on of any itinerant carnival within the Maplewood City limits may only be granted after parties requesting the license or permit have proven to the City Council that their itinerant show has and will follow and be in accord with all applicable Maplewood ordinances and Minnesota Statutes. Section 6 -93. Licenses or permits void Any license, permit, or other grant of authority issued or made in violation of the provisions of Sections 6 -91 through 6 -92 shall be absolutely null and void. Section 6 -94. Shows prohibited without license No person shall operate or attempt to operate or carry on.any itinerant carnival within the corporate limits of the City of Maplewood without license or permit lawfully granted under the restrictions provided in Sections 6 -91 through 6 -92. Any person violating any of the provisions of this Section shall be guilty of a mis- demeanor; and any such enterprise operated without license or permit as herein prescribed is hereby declared to be a public nuisance. Any person which is licensed or permitted to operate or attempt to operate or carry on any itinerant carnival within the corporate limits of the City of Maplewood which is found to have violated any Maplewood City ordinance or Minnesota statute shall have its license or permit immediately cancelled. Seconded by Councilmember Anderson. Ayes - all. - 14 - 7/11. . - c. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 630 RESTRICTIONS ON THE GIVING AWAY OF ANIMALS AS PRIZES AT CARNIVAL, CIRCUSES, OR ANY OTHER SOCIAL GATHERINGS. Section 7 -211. Definitions. For the purpose of this Article, the following words, terms and phrases shall have the following respective j meanings ascribed to them: 1. Pet or companion animal. "Pet" or 'companion animal" means a j non -human mammal, bird, or reptile possessed by, cared for, or controlled by a person for the present or future enjoyment of that person or another. Section 7 -212. Animals forbidden to be used as rizes. No pets or animals shall be offered or given as a prize, premium, or advertising device, to any individual person unless sold by a person, firm, partnership or cor- poration engaged in the business of selling animals for agricultural or wild- life purposes. - Section 7 -213. Exceptions Sections 7 -211 through 7 -212 do not apply to the care, treatment, sale or giving away of an agricultural, sport or farm animal which is used for food, sport or other product or any other agricultural or farm use. Section 7 -214- Violations and Penalties Except where otherwise indi- cated, a person found guilty of failure to comply with a provision of Sections 7 -211 to 7 -212 is guilty of a misdemeanor. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS None. K, COUNCIL PRESENTATIONS 1. Reconsideration of Recycling a. Councilmember Anderson moved to reconsider the recycling procedures Seconded by Councilmember Juker. Ayes - all. 2. Water on Castle Avenue a. Councilmember Anderson stated the residents on Castle Avenue are interested in having water installed. b. Staff suggested they petition for a water improvement. 3. Footprint Lake a. Councilmember Juker stated Footprint Lake was in a cluttered mess and should be cleaned up. - 15 - 7/11 b. Councilmember Anderson moved to have Staff investigate cleaning up Footprint Lake. Seconded by Councilmember Juker. Ayes - all. 4. Manager's Meeting a. Councilmember Juker suggested a manager's meeting be held. b. A date of July 21, 1988, was established and the Agenda would include the Capital Improvement Plan and Manager's Meeting. 5. Phalan Path a. ,Councilmember Juker questioned speed limits on park paths. b. Councilmember Juker moved to refer this to Staff for investigation Seconded by Councilmember Bastian. Ayes - all. L. ADMINISTRATIVE PRESENTATION 1. Sterling Street Financing a. Ken Haider presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 88 - 7 - 112 BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the.watermai.n from the termination of Sterling Street South to the District 8 Water Tank be financed by funds from the unallocated balance of the Hydrant Fund. Seconded by Councilmember Anderson. Ayes - all. M. ADJOURNMENT 10:25 P.M. City Clerk - 16 - 7/11 /t a MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 25, 1988 Council Chambers, Municipal Building Meeting No. 88 -16 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7 :00 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Norman G. Anderson, Councilmember Gary W. Bastian, Councilmember Frances L. Juker, Councilmember George F. Rossbach, Councilmember Present Present Arrived at 7:11 P.M. Present Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 88 -12 (June 1, 1988) Mayor Greavu moved to approve the Minutes of Meeting No. 88 -12 (June 1 1988) as submitted. Seconded by Councilmember Juker. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu m to approve the Agenda as amended: 1. Add Item I -5, Capital Improvement Project 2. Add Item I -6, Tilsen 3. Add Item I -7, Revocation of Liquor License 4. Add Item I -8, Restricted Covenants - Main Street 5. Add Item I -9, Adjourn to Attorney /Client Session 6. Parking on Frost Avenue 7. Footprint Pond Seconded by Councilmember Anderson. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved to approve the Consent Agenda, Items E -1 through 4 as recommended: 1. Accounts Payable Approved payment of the following claims: Accounts Payable: $ 355,297.03 Checks #7866 - #7920 Dated 07 -01 -88 thru 07 -12 -88 C1 $ 71,072.53 Checks #3538 - #3635 Dated 07 -25 -88 $ 426,369.56 Total Accounts Payable Payroll: $ 160,261.05 Payroll Checks $ 29.604.76 Payroll Deductions $ 189,865.81 Total Payroll $ 616,235.37 Grand Total 2. Community Development Block Grant Agreement Resolution No. 88 - 7 - 112 WHEREAS, the City of Maplewood has participated in the CDBG program in the past and may wish to in the future; and WHEREAS, the City supports the designation of Ramsey County as an entitlement agency. NOW, THEREFORE, THE CITY OF MAPLEWOOD approves the joint cooperation agreement with Ramsey County. 3. Resolution of Appreciation Resolution No. 88 - 7 - 113 WHEREAS, M. Earl Marlow became a member of the Community Design Review Board of Maplewood on May 22, 1986 and has served faithfully in that capa- city; 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 and effort in many ways for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and the citizens of the City, that M. Earl Marlow is hereby extended our heartfelt gratitude and appreciation for his dedicated service and we wish him continued success in the future. 4. P.U.D. Renewal: 1690 McKnight Road (Hillside Shopping Center) Approved the renewal of the Planned Unit Development for two years for the Hillside Shopping Center, subject to the original conditions of approval. - 2 - 7/25 F. PUBLIC HEARINGS 1. 7:00 P.M., Meyer Street Water Main, Project 87 -13 - Assessment Hearing a. Mayor Greavu convened the meeting for a public hearing regarding adoption of the proposed assessment roll for the Meyer Street Water Main, Project 87 -13. b. City Attorney Pat Kelly instructed the Council regarding proper assess- ment hearing procedures. C. Manager McGuire presented the Staff report. d. Director of Public Works Haider presented the specifics of the proposal. Councilmember Bastian arrived at the meeting at 7:11 P.M. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mrs. Whall, 762 Meyer Street Richard Sittig, 739 Meyer Street g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution anlLd moved its adoption: 88 - 7 - 114 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of Meyer Street Water Main, as described in the files of the City Clerk as Project 87 -13, and has amended such proposed assessment as it deems just. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall con- stitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assess- ment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 19 years, the first of the install- ments to be payable on or after the first Monday in January 1990, and shall bear interest at the rate of nine (9.0) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. - 3 - 7/25 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby de- clared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other muni- cipal taxes. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson and Juker. Nays - Councilmembers Bastian and Rossbach. 2. 7:10 P.M., Boxwood Improvement Project 87 -19 - Assessment Hearing a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the proposed assessment roll for the Boxwood Improvements Project 87 -19. b. Manager McGuire presented the Staff report. C. City Attorney Pat Kelly instructed the Council regarding proper procedures for holding an assessment hearing. d. Director of Public Works Haider presented the specifics of the proposal. e. Mayor Greavu called for proponents. None were heard: f. Mayor Greavu called for opponents. The following were heard: Mr. E. C. Guelschoff, Jr., 1211 Dorland, wrote a letter of opposition. Don Burgeson, Capitol City Adventist School, 1220 So. McKnight Road Letter from Kenneth and Mary Postiff, 1215 Dorland Road - 4 - 7/25 g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its adoption: 88 -7 -115 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the pro- posed assessment for the construction of Boxwood Avenue - McKnight Road to Dorland Road, as described in the files of the City Clerk as Project 87 -19, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall con- stitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assess- ment levied against it. 2. Such assessment shall be payable in equal annual installments ex- tending over a period of 19 years, the first of the installments to be payable on or after the first Monday in January, 1990, and shall bear interest at the rate of nine (9.0) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assess- ment from the date of this resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to re- imburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions re- lating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later ex- tensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assess- ments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson and Juker. - 5 - 7/25 Nays - Councilmembers Bastian and Rossbach. 3. 7:20 P.M., Highway 61 Water Main Project 87 -44 - Assessment Hearing a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the proposed assessment roll for Highway 61 Water Main, Project 87 -44. b. Manager McGuire presented the Staff report. c. City Attorney Pat Kelly instructed the Council regarding proper pro- cedures for holding an assessment hearing'. d. Director of Public Works Haider presented the specifics of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: John Cytracek, 2720 Highway 61 Second Williams Financial Corp. (Also wrote a letter) Letter from Hubbard Broadcasting, Inc. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its adoption: M M- WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of Highway 61 Water Main - Kohlman Avenue to Beam Avenue, as described in the files of the City Clerk as Project 87 -44, and has amended such proposed assessment as it deems just. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall con- stitute the special assessment against the lands named therein, each tract of land therein included is hereby found to be bene- fited by the proposed improvement in the amount of the assess- ment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 19 years, the first of the install- ments to be payable on or after the first Monday in January 1990, and shall bear interest at the rate of nine (9.0) percent per annum from the date of the adoption of this assessment resolu- tion. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. - 6 - 7/25 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabUtting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other munici- pal taxes. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. G. AWARD OF BIDS 1. Park Improvement Projects a. Manager McGuire recommended that the City Council reject all bids for Park Improvement Project 88 -1P for general site construction at Playcrest Neighborhood Park, Hazelwood Soccer Complex, Geranium Neighborhood Park, and Sherwood Neighborhood Park which were opened on July 20, 1988. It is further requested that the City Council authorize the re- bidding of this project, which will be Park Improvements 1988 -2P. b. Director of Parks and Recreation Odegard explained the bids. c. Councilmember Anderson moved to reject the bids for Park Improvement Project 88 -1P and to authorize Staff to rebid. Seconded by Mayor Greavu. Ayes - all. H. UNFINISHED BUSINESS 1. Emergency Preparedness Ordinance a. Manager McGuire presented the Staff report. - 7 - 7/25 b. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 631 AN ORDINANCE DEFINING THE FUNCTIONS AND DUTIES OF CIVIL DEFENSE Sec. 11 -1. Declaration of necessity and policy Because of the existing and increasing possibile occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake, man -made or other natural causes, and in order to insure that preparations of this City will be adequate to deal with such disasters, it is hereby found and declared to be necessary: (1) To establish a local emergency management agency; (2) To provide for the exercise of necessary powers during civil defense emergencies; (3) To provide for the rendering of mutual aid between this City and other political subdivisions of this State and of other states with respect to the carrying out of civil defense functions. (Ord. NO. 378, S 601.010, 10- 17 -74; Ord. NO. 565, S 1, 2- 27 -84) State law reference - Similar provisions, M.S. S 12.02, subd. 1. Sec. 11 -2. Definitions. For the purpose of this chapter, the following words, terms and phrases shall have the following meanings respectively ascribed to them: Civil defense emergency means an emergency declared by the Governor under Minnesota Statutes, Section 12.31. Civil defense forces means any personnel employed by the City and any other volunteer or paid member of the local civil defense agency engaged in carrying on civil defense functions in accordance with the provisions of this chapter or any rule or order thereunder. Emergency management means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage, or other enemy hostile actions, or from fire, flood, earthquake, man -made or other natural causes. These functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, air -raid warning services, communications, radio- logical, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency - 8 - 7/25 transportation, existing or properly assigned functions of plant pro- tection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other acti- vities necessary or incidental to preparation for and the carrying out of the foregoing functions. (Ord. No. 378, S 601.020, 10- 17 -74; Ord. No. 565, S 1, 2- 27 -84) Section 11.03. Office of emergency management (civil defense agency); director of emergency management; etc. There is hereby created within the City government a civil defense agency which shall be named the office of emergency management, which shall be under the supervision and control of a director of emergency management, hereafter called the director. The director shall be appointed by the Mayor, ratified by the Council, report administratively to the City Manager, shall serve for an indefinite term, and shall receive a salary determined bythe Council. In a civil defense emergency he may be removed by the Mayor summarily or sus- pended, and at other times he may be removed by the Mayor, ratified by the Council, for cause after an opportunity to be heard. The director shall have direct responsibility for the organization, administration and operation of the emergency management agency, subject to the direction and control of the Council. The emergency management agency shall be organized into such divi- sions and bureaus, consistent with state and local civil defense plans, as the director deems necessary to provide for the efficient performance of local civil defense functions during a civil defense emergency. The emergency management agency shall perform civil defense functions within the City and in addition shall conduct such functions outside the City as may be required pur- suant to the provisions of the Minnesota Civil Defense Act of 1951, Minnesota Statutes, Chapter 12, or this chapter. (Ord. No. 378, S 601.030, 10- 17 -74; Ord. No. 565, S 1, 2- 27 -84). State law references - Requirement that each City establish a local organiza- tion for civil defense, M.S. S 12.25, subd. 1; appointment, powers, duties, etc., of director, M.S. S 12.25, subd. 1. Sec. 11 -4. Powers and duties of director of emergency management. (a) The director of emergency management, with the consent of the Council, shall represent the City on any regional or state organization for civil defense. He shall develop proposed mutual aid agreements with other political subdivisions within or outside the state for reciprocal civil defense aid and assistance in civil defense emergency too great to be dealt with unassisted, and he shall pre- sent such agreements to the Council for its action. Such arrangements shall be consistent with the state civil defense plan and during a civil defense emergency it shall be the duty of the civil defense agency and civil defense forces to ren- der assistance in accordance with the provisions of such mutual aid agreements. Any mutual aid arrangement with a political subdivision of another state shall be subject to the approval of the Governor. (b) The director shall make such studies and surveys of the manpower, in- dustry resources, and facilities of the City as he deems necessary to determine their adequacy for civil defense and to plan for their most efficient use in time of a civil defense emergency. - 9 - 7/25 (c) The director shall prepare a comprehensive general plan for the emer- gency management agency of the City and shall present such plan to the Council for its approval. When the Council has approved the plan by resolution, it shall be the duty of all municipal agencies and all emergency services forces of the City to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The director shall co- ordinate the civil defense activities of the City to the end that they shall be consistent and fully integrated with the civil defense plan of the federal govern- ment and the State, and correlated with the civil defense plans of other political subdivisons within the State. (d) In accordance with the state and city emergency management plan, the director shall institute such training programs and public information programs and shall take all other preparatory steps, including the partial or full mobili- zation of civil defense forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the city emergency management plan in time of a civil defense emergency. He may, from time to time, conduct such civil defense exercises as he may deem necessary. (e) The director shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the City to the maximum extent practicable. The officers and personnel of all such departments and agen- cies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the local emergency management agency and to the Governor upon request. The head of each department and agency, in cooperation with (and under the directions of) the director, shall be responsible for the planning and programming of such civil defense activities as will involve the utilization of the facilities of his agency or department. (f) The director shall, in cooperation with existing City departments and agencies affected, organize, recruit and train auxiliary police, emergency medical personnel, and any other personnel that may be required on a volunteer basis to carry on the emergency management plans of the City and the State. To the extent that such emergency personnel is recruited to augment a regular City department or agency for civil defense emergencies, it shall be assigned to such department or agency for purposes of administration and command. The director may dismiss any civil defense volunteer at any time and require him to surrender any equipment and identification furnished by the City. (h) The director shall carry out all orders, rules and regulations issued by the Governor with reference to civil defense. (i) The director shall coordinate the general operations of all local emergency management forces during a civil defense emergency in conformity with controlling regulations and instruction of state civil defense authorities. (The heads of departments and agencies shall be governed by his orders in respect thereto.) (j) Consistent with the emergency management plan, the director shall pro- vide and equip at some suitable place in the City a control center and, if re- quired by the state civil defense plan, an auxiliary control center to be used during a civil defense emergency as headquarters for direction and coordination of emergency services forces. He shall arrange for representation at the control center by municipal departments and agencies, public utilities and other agencies authorized by federal or state authority to carry on civil defense activities during a civil defense emergency. He shall arrange for the installation at the - 10 - 7/25 control center of necessary facilities for communication with and between heads of civil defense divisions, the stations and operating units of muni- cipal services and other agencies concerned with emergency management and for communication with other communities and control centers within the surrounding area and with the federal and state agencies concerned. (k) During the first thirty (30) days of a civil defense emergency, if the legislature is in session or the Governor had coupled his declaration of the emer- gency with a call for a special session of the legislature, the director may, when necessary to save life or property, require any person, except members of the federal or state military forces and officers of the state or any other poli- tical subdivision, to perform services for civil defense purposes as he directs, and he may commandeer, for the time being, any motor vehicle, tools, appliances or any other property, subject to the owners' right to just compensation as pro- vided by law. (Ord. No. 378, S 601.040, 10- 17 -74; Ord. No. 565, S 1, 2- 27 -84). Sec. 11 -5. Workers and volunteers; compensation; oath; identifying insignia; carrying firearms; applicability of city personnel procedures. (a) No person shall be employed or associated in any capacity in the emer- gency management agency who advocates or had advocated a change by force or violence in the constitutional form of government of the United States or in this state or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment for information charging any subversive act against the United States. Each person who is ap- pointed to serve in the emergency services agency shall, before entering upon his duties, take an oath in writing before a person authorized to administer oaths in this state, or before any officer of the state department of civil de- fense or the director. The oath shall be substantially in the form prescribed by Minnesota Statutes, Section 12.43, and reads as follows: "I , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Minnesota against all enemies; foreign or domestic; that I will bear true faith and allegiance to the same, that I take this obligation freely, without any mental reservation of purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member of any politi- cal party or organization that advocates the overthrow of the Govern- ment of the United States or of this State by force or violence; and that during such time as I am a member of the City of Maplewood, Minne- sota, civil defense agency, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States, or of this State, by force or violent." (b) Emergency management volunteers shall be called into service only in case of a civil defense emergency or a natural disaster for which the regular municipal forces are inadequate or for necessary training and preparation for such emergen- cies. All volunteers shall serve without compensation. - 11 - 7/25 (c) Emergency management volunteers shall be provided with such suitable insignia or other identification as may be required by the director. Such identification shall be in the form and style approved by the federal govern- ment. No volunteer shall exercise any authority over the persons or property of others without his identification. No person, except authorized volunteers, shall use the identification of a volunteer or otherwise represent himelf to be an authorized volunteer. (d) No emergency management volunteer shall carry any firearm while on duty, except on written order of the Chief of Police Department. (e) Personnel procedures of the City applicable to regular employees shall not apply to volunteer emergency management workers, but shall apply to paid em- ployees of the emergency management agency.. (Ord. No. 378, S 601.050, 10- 17 -74; Ord No. 565, S 1, 2- 27 -84). State Law reference - Similar provisions to subsection (a), M.S. S 12.43. Sec., 11 -6. Emergency regulations. (a) Wherever necessary to meet a civil defense emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the Governor or the City Council, the Mayor may by proclamation promulgate regula- tions, consistent with applicable federal or state law or regulation respecting: Protection against air raids; the sounding of air -raid alarms; the conduct of persons and the use of property during alarms; the repair, maintenance and safe - guarding of essential public services; emergency health, fire and safety regu- lations; trial drills or practice periods required for preliminary training; and all other matters which are required to protect public safety, health and welfare in civil defense emergencies. No regulation governing observation of enemy aircraft, air attack, alarms or illumination during air attacks shall be adopted or take effect unless approved by the State Director of Civil Defense. (b) Every proclamation of emergency regulations shall be in writing and signed by the Mayor, shall be dated, shall refer to the particular civil defense emergency to which it pertains, if so limited, and shall be filed in the office of the City Clerk, where a copy shall be kept posted and available for public in- spection during business hours. Notice of the existence of such regulation and its availability of inspection at the Clerk's office shall be conspicuously posted at the front of the City Hall or other headquarters of the City and at such other places in the affected area as the Mayor shall designate in the proclamation. Thereupon the regulation shall take effect immediately or at such later time as may be specified in the proclamation. By like proclamation, the Mayor may modify or rescind any such regulation. (c) The City Council may rescind any such regulation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of three (3) days after its effective date or at the end of the civil defense emer- gency to which it relates, whichever occurs first. Any ordinance, rule or regu- lation inconsistent with an emergency regulation promulgated by the Mayor shall be suspended during the period of time and to the extent that such conflict exists. - 12 - 7/25 (d) During a civil defense emergency, the City is, notwithstanding any statutory provision to the contrary, empowered, through its governing body acting within or without the corporate limits of the City, to enter into con- tracts and incur obligations necessary to combat such disaster by protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. The City may exercise such powers in the light of the exigencies of the disaster without compliance with time consuming pro- cedures and formalities, prescribed by law and pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, limi- tations upon tax to, publication of ordinances and resolutions, publication of calls for bids, provision of civil service laws and rules, provisions relating to low bids, requirements for budgets. (Ord. No. 378, S 601.060, 10- 17 -74). State law reference - Local emergencies, M.S. S 12.29. Sec. 11 -7. Fiscal matters; reports. (a) There is hereby established an account in the general fund to be known as the emergency management account. Into this account shall be placed the pro- ceeds of taxes levied for civil defense, money transferred from other funds, gifts and other revenues of the emergency management agency. From it shall be made expenditures for the operation and maintenance of the emergency management agency and other civil defense expenditures. (b) The director shall, as soon as possible after the end of each fiscal year, prepare and present to the City Council for the information of the Council and the public, a comprehensive report of the activities of the emergency manage- ment agency during the year. (Ord. No. 378, S 601.070, 10- 17 -74; Ord. No. 565, S 1, 2- 27 -84). Sec. 11 -8. Intergovernmental cooperation; supremacy of controlling federal and state law; deputizing of federal or state officers as special policemen. (a) Every officer and agency of the City shall cooperate with federal and state authorities and with authorized agencies engaged in civil defense and emergency measures to the fullest possible extent consistent with the performance of their duties. (b) The provisions of this chapter and of all regulations made thereunder shall be subject to all applicable and controlling provision of federal and state laws and of regulations and orders issued thereunder and shall be deemed to be suspended and inoperative so far as there is any conflict therewith. (c) The City Chief of Police may appoint any qualified person holding a position in any agency created under federal or state authority for civil defense purposes as a special policeman of the City, with such police powers and duties within the City incident to the functions of his position, not exceeding those of a regular policeman of the City as may be prescribed in the appointment. Every such special policeman shall be subject to the supervision and control of the Chief of Police and such other police officers of the City as the Chief may designate. (Ord. No. 378, S 601.080, 10- 17 -84) - 13 - 7/25 State law reference - State policy that civil defense functions be coordi- nated amongst and between governments, M.S. S 12.02, subd. 2. Sec. 11 -9. Governmental immunity; nonliability of workers and volunteers; exceptions. All functions hereunder and all other activities relating to emergency management are hereby declared to be governmental functions. The City, and except in cases of willful misconduct, its officers, agents, employees or representatives engaged in any emergency management activities, while complying with or attempting to comply with the Minnesota Civil Defense Act of 1951, Minnesota Statutes, Chapter 12, or with this chapter or any rule, regulation or order made thereunder, shall not be liable for the death of or injury to persons, or damage to property as a result of such activity. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter or under the workmen's compensa- tion law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. (Ord. No. 378, S 601.090, 10- 17 -74; Ord. No. 565, S 1, 2- 27 -84). Sec. 11 -10. Prohibited illumination a nuisance. Any illumination within the City contrary to the provisions of this chapter or any other ordinance pertaining to emergency management or of any regulation adopted thereunder or of any federal or state law, regulation or order shall be deemed a public nuisance. Any regular policeman may abate such nuisance summarily or may take any other action necessary to enforce such provisions, including entry on private property and the use of whatever reasonable force is necessary. (Ord. No. 378, S 601.100, 10- 17 -74; Ord. No. 565, S 1, 2- 27 -84). Sec. 11 -11. Political activities The emergency management agency shall not participate in any form of political activity nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a legitimate labor dispute. (Ord. No. 378, S 601.110, 10- 17 -74; Ord. No. 565, S 1, 2- 27 -84). State law reference - Similar provisions, MS. S 12.44. Sec. 11 -12. Penalty for violations of chapter. Any person who violates any provision of this chapter or of any regulation adopted thereunder relating to acts, omissions or conduct, other than official acts of the City officers or employees, shall be guilty of a misdemeanor. (Ord. No. 378, S 601.120, 10- 17 -74). State law reference - Penalty for violation of Minnesota Civil Defense Act of 1951, M.S. S 12.45. Seconded by Councilmember Juker. Ayes - all. - 14 - 7/25 I 1 2. Reconsider Recycling. a. Councilmember Anderson moved to authorize Staff to advertise for bids for the recycling program. Seconded by Mayor Greavu. Ayes - all. I. NEW BUSINESS 1. Frost Avenue and English Street a. Councilmember Bastian moved to table Item I -1 until after Item I -9 Seconded by Councilmember Rossbach. Ayes - all. 2. Concurrence with County Bid Award - County Road C a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 88 -7- 117 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that in accordance with the provisions of Cooperative Agreement 88001 for the construction of County Road C from White Bear Avenue to McKnight Road, City Project 86 -25, the City of Maplewood concurs with the award of bid to Danner, Inc. Seconded by Councilmember Rossbach Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian 3. Ski Jump Pond Easement Agreement a. Manager McGuire presented the Staff report. b. Mayor Greavu the Seconded by Councilmember Anderson. Ayes - All. 4. Menard's Easement Agreement a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to r cont Seconded by Councilmember Anderson. Ayes - all. - 15 - 7/25 5. 'Capital Improvements Plan a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to approve the Capital Improvement Plan as submitted. Seconded by Councilmember Anderson. Ayes - all. 6. Tilsen Resolution a. Manager McGuire presented the Staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption WHEREAS, the Maplewood City Council, by its Resolution No. 83 -8 -135 vacated the public interest in the following described real property, to -wit: The lands designated as Park and lying East of the East line of North Lakewood Drive, all in the plat of Robert Tilsen's Maplewood Heights No. 9; and WHEREAS, the hereinbefore described property is excess to public needs and it is in the public interest to convey by Quit Claim Deed the City's interest in said above - described real property to North Suburban Company, a general partnership under the laws of Minnesota, successor and assign of Tilsen Homes, Inc., a corporation under the laws of Minnesota, by virtue of a Quit Claim Deed dated January 13, 1988, and recorded January 22, 1988, as Document No. 2424377. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD that the Mayor and Manager be, and hereby are, authorized to execute a Quit Claim Deed from the City of Maplewood, Ramsey County, Minnesota a municipal corporation to the North Suburban Company, a general partnership under the laws of Minnesota conveying and quitclaiming the City's interest to that certain real property in Ramsey County, Minnesota, described as follows: The lands designated as Park and lying East of the East line of North Lakewood Drive, all in the plat of Robert Tilsen's Maplewood Heights No. 9. pursuant to Minn. Stat. §412.211 thereof, as amended. BE IT FURTHER RESOLVED that upon the proper execution of said Quit Claim Deed, the Maplewood City Manager is authorized to deliver said duly executed conveyance pursuant to this Resolution for and in consideration of a ponding easement being established in the dedication of a new plat of Robert Tilsen's Maplewood Heights No. 9. Seconded by Mayor Greavu. Ayes - all. - 16 - 7/25 7. Revocation of Liquor License a. Manager McGuire presented the Staff report. 8. Main Street Restricted Conveyance a. Manager McGuire presented the Staff report. b. City Attorney Pat Kelly presented the agreement. c. Mayor Greavu Seconded by Councilmember Rossbach. Ayes - all. 9. Appeals for Assessments a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to establish the date of August 8, 1988, to hear appeals for the assessments for the following projects: Meyer Street Water Main - Project 87 -13 Boxwood Improvements - Project 87 -19 Highway 61 Water Main - Project 87 -44 Seconded by Mayor Greavu. Ayes - all. 1. Frost Avenue and English Street a. Manager McGuire presented a letter from Realty World - Streeter - Andrus requesing to appear before the Council to inform them of the plans they have for the southwest corner of Frost and English. b. No one appeared for Realty World. c. Councilmember Bastian moved to table this Item until again requested. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS None. - 17 - 7/25 Seconded by Councilmember Juker. Ayes - all. K. COUNCIL PRESENTATIONS 1. Parking on Frost Avenue a. Councilmember Juker commented on the parking concerns on the south side of Frost Avenue by Prosperity. b. Councilmember Juker moved to refer the Frost Avenue parking concern to Staff for a report at the next meeting. Seconded by Councilmember Anderson. Ayes - all. 2. Footprint Pond a. Councilmember Juker stated that Footprint Pond should be cleaned up. 3. Votes on Water Main Projects a. Councilmember Anderson expressed his concerns on how the Council votes on water main projects. L. ADMINISTRATION PRESENTATIONS None. M. ADJOURNMENT 8:20 P.M. Council adjourned to reconvene in a closed session for Attorney - Client meeting. City Clerk - 18 - 7/25 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 12, 1988 Council Chambers, Municipal Building Meeting No. 88 - 29. A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to at 7:14 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Absent George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA ' Mayor.Greavu moved to approve the ,agenda as amended: 1. Open Space 2. Community Center 3. Bulk Storage 4. House Orientation 5. Old Cars 6. Conditional Use Permits E. CONSENT AGENDA Council removed Consent Items E -2 and E -3 to become Items I -8 and 1 -9. Mayor Greavu moved, seconded by Co uncilmember Anderson. Aves- all. to anorove t.ha 1. Approval of Claims: Approved the accounts (Part I, Fees, Services, Expenses Check Registers dated 8 -9 -88 thru 8 -31 -88 and 9 -12 -88 - $917,037.32: Part II, Payroll pay period ending August 12, 1988 - $192,530.12) as presented. 2. Conditional Use Permit Renewal: Circus At The Mall. Removed to become Item I -8. 3. Conditional Use Permit Renewal: 2785 White Bear Avenue (District Court) Removed to become Item I -9: 9/12 4. Conditional Use Permit Renewal: 1735.Kennard Street (Presentation) Approved the renewal of the conditional use permit for five years for the day Care Facility at 1735 Kennard Street. 5. Conditional Use Permit Renewal: 1560 E. County Road B (John Clenn Jr. High) Approved the renewal of the conditional use permit for John Glenn Jr. High for an indefinite term. 6. Home Occupation Renewal: 798 No. McKnight (Mosner) Approved the renewal of the conditional use permit for a home- operated beauty salon at 798 North McKnight Road for five years, subject to the original con - ditions. 7. Home Occupation Renewal: 2675 Stillwater Road (Ader) Approved the renewal of the conditional ,use permit for a patio furniture and sales home occupation at 2675 Stillwater Road for one year, subject to the original conditions. 8. Home Occupation Renewal: 2239 Hazelwood Avenue (Smith) Approved the renewal of the conditional use permit for one year for a cleaning business home occupation at 2239 Hazelwood Avnue, subject to the original con- ditions. 9. Final Plat: Maplewood Highlands Approved the final plat to create 48 single - dwelling lots and an outlot for Maplewood Highlands. 10. Accept Project and Release Retaining: Arkwright, Eldridge, County Road B Resolution 88 - 9 - 143 WHEREAS, the City Engineer for the City of Maplewood has determined that Arkwright Street, Eldridge to County Road B, City Project 86 -12 is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 86 -12 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or es- crow is hereby authorized. 11. Adopt Project Budgets Approved the following project budgets: Project 84 -14, Walter Street - increase budget by $2,000. This amount is needed to cover the cost of new traffic counts and preparation of feasibility study and public hearing. - 2 - 9/12 Project 85 -08, Roselawn /Edgerton Storm - establish $31,900 budget. This is the amount estimated for feasibility study preparation and public hearings. Project 86 -01, Condor Storm - establish $7,000 budget. This is the amount estimated for feasibility study preparation and public hearings. Project 87 -01, Roselawn /Jackson /Rice - establish $4,000 budget. This is estimated as the City's cost for feasibility study and hearings for the County's road and bridge project. Project 87 -05, McKnight Road Phase ITI - increase budget by $15,000. This is the amount estimated to complete feasibility study and hold public hearings. Project 87 -14, Holloway Avenue - increase budget by $3,000. This project was changed and a new feasibility study and hear- ings must be conducted. Project 87 -32, Footprint: Lake Storm - increase budget by $20,000. This project is involving substantially more work at the feasi- bility level than anticipated. Project 87 -31, Harvester Storm - increase budget by $300. This project is closed and $300 is needed to balance. Project 87 -41, Brooks Court Water - establish $42,000 budget. This represents construction and right -of -way cost to correct a water main problem in Carsgrove's Meadows. Project 88 -07, Sterling Street, North of Carver - establish budget of $5,050. This project is, closed and $5,050 is needed to balance. Project 88 -08, Brooks /Hazelivood /Germain Water - establish $4,000 budget. This is the estimated cost of the feasibility study and public hearing. Project 88 -09, Carey Heights Drive - establish $12,000 budget. This is the estimated cost of the feasibility study and public hearing. Project 88 -10, Keller Parkway Water - establish budget of $11,000. This is the estimated cost of the feasibility study and public hearings. Project 88 -12, Beam Avenue West of T.H. 61 establish budget of $35,000. This is the estimated cost of the feasibility study and public hearings. Project 88 -13, Upper Trout Brook - establish budget of $9,000. This is the estimated cost of the feasibility study and public hearings. - 3 - 9/12 Project 88 -14, Gervais Avenue - establish $25,000 budget. This is the estimated cost of the feasibility study and public hearings. Project 88 -15, Ariel /Castle /Cope - establish $7,000 budget. This is the estimated cost of the feasibility study and public hearing. F. PUBLIC HEARINGS 1. 7:00 P.M. Code Amendment: Setback to Residential Zones (2nd Reading) (4 Votes) a. Mayor Greavu convened the public hearing regarding the request of Norman Brody to amend two subsections of the Maplewood Code, namely Subsection 36 -153 (3) which requires an'increased setback from resi- dentially -zoned land and Subsection 36 -27 (a) which requires a 20 -foot wide landscaped area adjacent to residentially -zoned land. b. City Manager Michael McGuire presented the Staff report. c. Community Development Director, Geoff Olson, presented the specifics of the proposal. d. Mayor Greavu called for persons who wished to be heard for or against the proposal: The following were heard: Steve Hickok, Brody Associates, 2233 North Hamline Avenue, Roseville e. Mayor Greavu closed the public hearing. f. Councilmember Bastian introduced the following ordinance and moved its adoption: g. Motion died for lack of a second. h, Councilmember Bastian withdrew the motion. i. Councilmember Rossback moved to table the adoption of the ordinance Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson and Rossbach Nay: Councilmember Bastian. 2. 7 :10 P.M., Home Occupation License: 2922 Chippewa a. Mayor Greavu convened the public hearing for a request by Bryan V. Donnelly to operate a heating and air - conditioning business as a home occupation. b. Manager McGuire presented the Staff report. c. Director of Community Development, Geoff Olson, presented the specifics of the proposal. d. Commissioner Lorraine Fischer presented the Planning Commission recom- mendation. - 4 - 9/12 e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their views: David Krentz, 2921 Chippewa Avenue Sandra Anderson, 2946 Chippewa Avnue Bryan Donnelly, Applicant, 2922 Chippewa Avenue Joanne Kelly, 2930 Chippewa Avenue f. Mayor Greavu closed the public hearing. g. Councilmember Anderson moved to deny the Home Occupation License for 2922 Chippewa Avenue. Seconded by Councilmember Rossbach. Ayes - all. 3. 7:20 P.M., Code Amendment: Single - dwelling Lot Width (2nd reading) (4 Votes) a. Mayor Greavu convened the public hearing for a code amendment that would allow selected, substandard width, lots -of- record to be used as single - dwelling home sites. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Mayor Greavu called for persons who wished to be heard for or against,the proposal. The following were heard: Ray Kruse, 854 Palm Court Michelle Emerson, 1257 Kohlman Avenue John Buesing, 1247 Kohlman Avenue e. Mayor Greavu closed the public hearing. f. Councilmember Anderson introduced the following ordinance and moved its adoption: ORDINANCE N0. 632 AN ORDINANCE REGULATING MINIMUM LOT WIDTH FOR SINGLE - DWELLING LOTS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Sec. 36 -69. Lot Dimensions. The minimum lot area in an R -1 Residence District shall be 10,000 square feet. The minimum lot width at the building setback line shall be 75 feet, except that interior lots -of- record that are sixty feet wide or greater may be allowed by conditional use per- mit provided that: 1. The findings required by code for a conditional use permit can be met. 2. There are at least two developed lots -of- record with the same or less width than proposed, within 350 feet of the - 5 - 9/12 site on the street. Larger minimum sideyard setbacks may be required to balance the separation between ad- jacent structures. Section 2. Sec. 36 -6. Definitions. Lot of Record: Any legal parcel of land which is or can be taxed by Ramsey County as a separate parcel, without the need for lot division approval by the City. Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Mayor Greavu. Ayes - all. 4. 7:30 P.M., 1281 Kohlman Avenue (Kruse) a. Conditional Use Permit b. Variance 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Mary L. Kruse for a conditional use permit to build a sipg.le dwelling on a 66 -foot wide lot. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Lorraine Fischer presented the Planning Commission recommendation. 5. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their views: Ray Kruse spoke for his mother, Mary L. Kruse John Bussing, 1247 Kohlman 6. Mayor Greavu closed the public hearing. 7. Councilmember Rossbach introduced the following resolution and moved its adoption: 88 -9 -144 WHEREAS, Mary L. Kruse initiated a conditional use permit to construct a single dwelling on A 66- foot -wide lot at the following - described property: Lot 15, Kohlman's Lakeview Addition WHEREAS, the procedural history of this conditional use permit is as follows: - 6 - 1 9/12 1. This conditional use permit was reviewed by the Maplewood Planning Commission on August 1, 1988. The Planning Com- mission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on Septem- ber 12, 3988. Notice thereof was published and mailed pur- suant to law. All persons present at said hearing were given an opportunity to be heard and present written state- ments. The Council also considered reports and recommenda- tions of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be approved on the basis of the following findings -of -fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. G. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Seconded by Mayor Greavu. Ayes - all. b. Variance 1, Because of the Code Amendment approval, a variance was not required. - 7 - 9/12 Mayor Greavu relinquished the chair to Acting Mayor Norman Anderson. G, AWARD OF BIDS 1. T.H. 61 Watermain - Project 87 -44 a. Manager McGuire presented the Staff report. b. Director of Public Works Ken Haider presented the specifics of the proposal. .._ c. Acting Mayor Anderson introduced the following resolution and moved its adoption: 88 -9- 145 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Lametti and Sons in the amount of $129,484.25 is the lowest re- sponsible bid for the construction of Trunk Highway 61 Water Main, Kohlman Avenue to Beam Avenue, City Project 87 -44, 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. Seconded by Mayor Greavu. Ayes - all. Mayor Greavu resumed the chair. 2. Boxwood Avenue - Project 87 -19 a. Manager McGuire presented the Staff report. b. Director of Public Works Haider presented the 'specifics of the proposal. Mayor Greavu introduced the following resolution and moved its adoption: 88 -9 -146 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Lake Area Utility Contracting in the amount of $128,438.20 is the lowest responsible bid for the construction of Boxwood Avenue, McKnight Road to Dorland Road, City Project 87 -19, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for W on behalf of the City. Seconded by Councilmember Rossbach. Ayes - all. 3. Meyer Street Water - Project 87 -13 a. Manager McGuire presented the Staff report. b. Director of Public Works Haider presented the specifics of the proposal. - 8 - 9/12 c. Mayor Greavu introduced the following resolution and moved its adoption 88 - 9 - 147 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of B & D Underground in the amount of $30,624 is the lowest responsi- ble bid for the construction of Meyer Street Water Main, City Project 87 -13, 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. Seconded by Councilmember Anderson. Ayes - all. 4. Curbside Recycling a. Manager McGuire presented the Staff report. b. Katby Juenemann, 721 Mt. Vernon, Chairperson of the Recycling Waste Management Committee, spoke. c. Mayor Greavu called for persons who wished to be heard. The following expressed their opinions: Dick Brown, 110 W. Grant, Minneapolis, a representative of Super Cycle. John Moreland, 2051 Randolph, St. Paul, a representative of Super Cycle. Michael Heinz, 1375 7th Avenue, Newport, a representative of Gopher Recycling. John Marony, a representative of T.M.T. Recycling d. Councilmember Anderson moved to award the contrract for curbside recycling to Gopher Disposal for the following reasons: 1. Gopher has complete collection of items including plastic bottles, batteries and oil. 2. Gopher has started an incentive program to encourage recycling. 3. Gopher will pick up recyclables twice a month on the same day that Gopher picks up the regular weekly collection. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson and Rossbach.. Nay - Councilmember Bastian. H. UNFINISHED BUSINESS 1. Old City Hall a. Manager mcGuire presented the Staff report. b. Councilmember Anderson moved that the City Seconded by Councilmember Rossbach. Ayes - all. - 9 - 9/12 I. NEW BUSINESS 1, Goff's Maplewood Third Addition a. Variation b. Final Plat 1. Manager McGuire presented the Staff report. 2. Director of Community Development Olson presented the specifics of the proposal. 3. Councilmember Anderson moved to table this proposal. Seconded by Councilmember Bastian. Ayes - all. 2, Prepare Assessment Roll and Schedule Hearing: Cope Avenue- Craig- Ariel- Project 85 -26 a, Manager McGuire presented the Staff report. b. Director of Public Works Haider presented the specifics of the proposal. c. Mayor Greavu introduced the following resolution and moved its adoption: WHEREAS, the City Clerk and City Engineer have received bids for the improvement of Cope Avenue, Craig to Ariel, City Project 85 -26. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith cal- culate 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 assess- ment notify the Council thereof. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson and Rossbach Nay - Councilmember Bastian. d. Mayor Greavu introduced the following resolution and moved its adoption: 88 -9- 149 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Cope Avenue, Craig to Ariel, City Project 85 -26, and the said assessment is on file in the office of the City Clerk. - 10 - 9/12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 10th day of October, 1988, at the City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson and Rossbach Nay - Councilmember Bastian 3. Emergency Personnel Request. a. Manager McGuire presented the Staff report. b. Mayor Greavu moved that Council authorize t Dermanent emDlovee for the Street Mnintennnra n Seconded by Councilmember Anderson. Ayes - all. 4. Dutch Elm Program a. Manager McGuire presented the Staff report. b. Director of Public Works Haider outlined the specifics of the proposal. c. Councilmember Bastian moved to table this item until Budget Hearing time. Seconded by Councilmember Anderson. Ayes all. 5, Change Order and Joint Agreement - McKnight Road, Maryland to Ivy a. Manager McGuire presented the Staff report.' b. Director of Public Works Haider presented the specifics of the proposal. - 11 - 9/12 c. Mayor Greavu introduced the following resolution and moved its adoption: 88 -9- 150 WHEREAS, the City Engineer has presented Cooperative Agreement Number 88014 concerning the restoration and ownership turn -back of McKnight Road between Maryland Avenue and Ivy Avenue, and WHEREAS, the City Engineer has recommended the cooperative agreement for approval NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized to exe- cute said cooperative agreement. Seconded by Councilmember Anderson. Ayes - all. d. Mayor Greavu introduced the following resolution and moved its adoption: 88 -9- 151 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 86 -22 and has let a construction con- tract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 86 -22 Change Order 5. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 5. Seconded by Councilmember Anderson. Ayes - all. 6. 1989 Budget a. Manager McGuire stated that two budget workshops have been scheduled as follows: September 19 at 4:00 P.M., and September 21 at 4:00 P.M. 7. Selection of Architect a. Manager McGuire presented the Staff report. b. Councilmember Anderson Seconded by Councilmember Rossbach. Ayes -'all. 8. Conditional Use Permit Renewal: Circus At The Mall a. Councilmember Rossbach moved renewal 'of the Conditional Use Permit for Circus At The Mall for one year. Seconded by Mayor Greavu. Ayes - all. - 12 - 9/12 9.• Conditional Use Permit Renewal: 2785 White Bear Avenue (District Court) a. Councilmember Rossbach moved to renew the Conditional Use Permit for 2785 White Bear Avenue (District Court) for one year. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Open Space a. Councilmember Anderson moved that the Open Space Committee be activated. Seconded by Mayor Greavu. Ayes - 611. 2. Community Center a. Councilmember Anderson questioned the possibility of moving the Com- munity Center project up in the Budget Plan. b. Staff will investigate. 3. Bulk Storage a. Councilmember Anderson stated that lie felt Bulk Storage is not adhering to the conditions of their conditional use permit. b. Ken Gervais, 2373 Linwood Avenue,.managing partner in the Beaver Creek Apartment Limited Partnership, stated his views. c. Marlon Danner, owner of Danner, Inc., 7401 Dickman Trail, Inver Grove Heights, spoke. d. Councilmember Bastian moved to authorize the City Manager to seek legal advice regarding the Bulk Storage operation Seconded by Councilmember Anderson. Ayes - all. 4. House Orientation a. Councilmember Rossbach requested Staff to investigate the design of new homes on small lots. b. Staff will investigate. 5. Old Cars a. Councilmember Rossbach moved Staff to investigate the Code in regard to the storage of old -- cars private property. Seconded by Councilmember Bastian. Ayes - all. - 13 - 9/12 6. Conditional Use Permits a. Councilmember Bastian requested Staff investigate conditional use permits. b. Director of Community Development Olson stated that he has contacted other communities and will report back to Council. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT, 10:40 P.M. City Clerk - 14 - 9/12 (I Agenda Number E -1 AGENDA,REPORT TO: City Manager FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: September 19, 1988 Action by Counoily Endorsed modified — Rejected° Date It is recommended that the Council approve payment of the following claims: ACCOUNTS PAYABLE: $ 713,516.68 Checks #8134 - #8182 Dated 09 -01 -88 thru 09 -12 -88 $ 66.197.57 Checks #4047 - #4171 Dated 09 -26 -88 $ 779,714.25 Total per attached voucher /check register PAYROLL: $ 155,684.07 Payroll Checks Period Ending 08 -26 -88 155,827.58 Payroll Checks Period Ending 09 -09 -88 $ 30,018.55 Payroll Deductions Period Ending 08 -26 -88 $ 29.919.21 Payroll Deductions Period Ending 09 -09 -88 $ 371,449.41 Total Payroll $1,151,163.66 GRAND TOTAL Attached is a detailed listing of these claims. 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H.V. •V• I w W W tl A. th i. 4 l d. r• I I I i I I _ I i I I I J m I w N E I I LL I I I O `n I f; 2 K > s 0 I j w n x A E W 3 X i' co N u m N o N N N P P 0 0 O O N � M O d b P P O d d i CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 09 -09 -88 CHECK #5066 - CHECK #5211 EMPLOYEE NAME GROSS PAY McGUIRE, MICHAEL A. 2,538.46 BLACKSTONE, GAIL 1,374.10 ZAWACKI, KATHRYN 915.70 BERM, LOIS N. 942.10 JAHN, DAVID J. 776.86 SWANSON, LYLE 942.57 CUDE, LARRY J. 242.40 OSTER, ANDREA J. 817.66 MIKISKA, WILLIAM 157.60 FAUST, DANIEL F. 1,934.90 TAYLOR, LINDA 928.44 MATHEYS, ALANA K. 968.07 VIGNALO, DELORES A. 949.66 ANDERSON, CAROLE J. 1,190.29 LA MOTTE, MARLENE 110.00 AURELIUS, LUCILLE E. 1,788.50 SELVOG, BETTY D. 217.00 SCHADT, JEANNE L. 906.46 KELSEY, CONNIE L. 605.19 HOSCHKA, GERMAINE 673.78 VIETOR, LORRAINE S. 891.39 HENSLEY, PATRICIA A. 482.44 CAROE, JEANETTE E. 897.22 RONGSTAD, CAROLEE 444.00 COLLINS, KENNETH V. 1,996.50 RICHIE, CAROLE L. 1,014.46 SVENDSEN, JOANNE M. 1,099.93 NELSON, ROBERT D. 1,735.70 OMATH, JOY E. 1,018.06 MARTINSON, CAROL F. 1,053.25 ZAPPA, JOSEPH A. 1,561.48 STILL, VERNON T. 1,378.28 SKALMAN, DONALD W. 1,403.88 NELSON, CAROL M. 1,511.08 MORELLI, RAYMOND J. 1,378.28 STEFFEN, SCOTT L. 1,462.98 ARNOLD, DAVID L. 1,561.48 BANICK, JOHN J. 1,505.33 BOHL, JOHN C. 1,484.32 CAHANES, ANTHONY G. 1,735.70 CLAUSON, DALE K. 1,403.88 MOESCHTER, RICHARD M. 1,416.83 ATCHISON, JOHN H. 1,403.88 PELTIER, WILLIAM F. 1,561.48 SZCZEPANSKI, THOMAS J. 1,419.59 WELCHLIN, CABOT V. 1,227.35 LANG, RICHARD J. 1,451.35 PALMA, STEVEN T. 1,389.45 HERBERT, MICHAEL J. 1,454.28 DREGER, RICHARD C. 1,561.48 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 09 -09 -88 CHECK #5066 - CHECK #5211 EMPLOYEE NAME GROSS PAY MEEHAN, JR., JAMES E. 1,552.12 STAFNE, GREGORY L. 1,403.88 BECKER, RONALD D. 1,454.28 HALWEG, KEVIN R. 2,013.39 STOCKTON, DERRELL T. 1,390.99 PAULOS, JR., PAUL G. 303.84 BOWMAN, RICK A. 1,345.50 KARIS', FLINT D. 1,390.28 HEINZ, STEPHEN J. 1,390.28 GRAF, DAVID M. 1,467.08 THOMALLA, DAVID J. 1,544.09 YOUNGREN, JAMES G. 1,561.16 RAZSKAZOFF, DALE E. 1,454.28 VORWERK, ROBERT E. 1 BERGERON, JOSEPH A. 1,390.28 MELANDER, JON A. 1,467.08 EMBERTSON, JAMES M. 1,482.90 WILLIAMS, DUANE J. 1,337.44 RABINE, JANET L. 1,104.31 STAHNKE, JULIE A. 1,070.02 BOYER, SCOTT K. 1,004.97 RYAN, MICHAEL P. 1,683.50 FEHR, JOSEPH 859.84 NELSON, KAREN A. 1,044.54 FLAUGHER, JAYME L. 1,072.81 HAIDER, KENNETH G. 1,934.10 CHLEBECK, JUDY M. 986.46 WEGWERTH, JUDITH A. 411.48 MEYER, GERALD W. 1,153.74 KANE, MICHAEL R. 1,269.74 LUTZ, DAVID P. 1,084.86 KLAUSING, HENRY F. 1,148.88 SCHMOOCK, JOHN 783.26 HELEY, RONALD J. 1,112.14 OSWALD, ERICK D. 953.70 TEVLIN, JR., HARRY J. 1,126.46 FREBERG, RONALD L. 1,130.77 CASS, WILLIAM C. 1,596.68 COLLINS, STEVEN A. 396.75 LINDBLOM, RANDY 1,051.27 ELIAS, JAMES G. 1,280.06 PECK, DENNIS L. 1,280.06 PRIEBE, WILLIAM 1,210.46 IRISH, BRUCE A. 1,442.28 GESSELE, JAMES T. 1,233.66 GEISSLER, WALTER M. 1,361.35 METZ, TERRY 848.86 LOFGREN, JOHN R. 885.66 ODEGARD, ROBERT D. 1,797.30 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 09 -09 -88 CHECK #5066 - CHECK #5211 EMPLOYEE NAME GROSS PAY BRENNER, LOIS J. 968.86 KRUMMEL, BARBARA A. 417.23 STAPLES, PAULINE 1,499.88 JONES, LUTHER 60.75 BOWES, WILLIAM 343.20 TRAVERS, DANIEL L. 67.50 VASQUEZ, MICHAEL 349.20 ANDERSON, ROBERT S. 1,054.46 LINDORFF, DENNIS P. 1,084.86 GARRY, WILLIAM 783.26 HELEY, ROLAND B. 1,126.46 THURN, P. 155.20 MARUSKA, MARK A. 1,337.33 SCHNEIDER, GREG 220.00 BURKE, MYLES R. 1,147.26 GERMAIN, DAVID A. 1,126.46 BRENNER, JAY 210.00 SHELDON, LEO B. 76.25 BORASH, DONNA 55.13 SCHMIDT, REBECCA 56.93 IKHAML, JENNY 25.80 WARD, ROY G. 406.40 TAUBMAN, DOUGLAS J. 1,196.68 GREW, JANET M. 1,024.86 NELSON, JEAN 323.56 HORSNELL, JUDITH A. 502.83 HUTCHINSON, ANN E. 392.43 BARTA, MARIE L. 804.06 DOHERTY, KATHLEEN M. 939.76 OLSON, GEOFFREY W. 1,786.10 MISKELL, NANCY 53.84 LIVINGSTON, JOYCE L. 421.07 GENEROUS, ROBERT 599.76 EKSTRAND, THOMAS G. 1,236.07 JOHNSON, RANDALL L. 1,213.66 OSTROM, MARJORIE 1,494.28 CARVER, NICHOLAS N. 1,138.46 WENGER, ROBERT J. 1,233.66 LACASSE, CASEY 230.00 NADEAU, EDWARD A. 1,270.98 NAGEL, BRYAN 640.54 MULWEE, GEORGE W. 1,104.86 NUTESON, LAVERNE S. 1,560.14 BREHEIM, ROGER W. 1,206.71 EDSON, DAVID B. 1,125.66 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 09 -09 -88 CHECK #5066 - CHECK #5211 EMPLOYEE NAME GROSS PAY MULVANEY, DENNIS M. 1,212.86 SPREIGL, GEORGE C. 921.34 $155,827.58 PAYROLL DEDUCTIONS ICMA RETIREMENT CORPORATION Z1 $ 6,551.20 CITY & COUNTY EMP CR UNION Cl 21,984.00 AFSCME 2725 U1 442.35 MN MUTUAL LIFE INS 19 -3988 160.00 METRO SUPERVISORY ASSOC U3 18.00 MN STATE RETIREMENT SYSTEM Z2 247.00 MN BENEFIT ASSOCIATION I1 516.66 $ 29,919.21 GRAND TOTAL $185,746.79 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 08 -26 -88 CHECK #4887 - CHECK #5036 EMPLOYEE NAME GROSS PAY ------- - - - - -- ----- - - - - -- McGUIRE, MICHAEL A. 2,538.46 BLACKSTONE, GAIL 1,374.10 ZAWACKI, KATHRYN 915.70 BEHM, LOIS N. 942.10 JAHN, DAVID J. 798.19 SWANSON, LYLE 958.83 CUDE, LARRY J. 242.40 OSTER, ANDREA J. 817.66 MIKISKA, WILLIAM 157.60 FAUST, DANIEL F. 1,934.90 TAYLOR, LINDA 928.43 MATHEYS, ALANA K. 968.06 VIGNALO, DELORES A. 949.66 ANDERSON, CAROLE J. 1,190.28 AURELIUS, LUCILLE E. 1,788.50 SELVOG, BETTY D. 217.00 SCHADT, JEANNE L. 939.76 KELSEY, CONNIE L. 531.54 HOSCHKA, GERMAINE 673.78 VIETOR, LORRAINE S. 894.34 HENSLEY, PATRICIA A. 499.63 CARLE, JEANETTE E. 795.26 RONGSTAD, CAROLEE 451.50 COLLINS, KENNETH V. 1,996.50 RICHIE, CAROLE L. 1,104.55 SVENDSEN, JOANNE M. 1,064.95 NELSON, ROBERT D. 1,735.70 OMATH, JOY E. 941.56 MARTINSON, CAROL F. 1,066.76 ZAPPA, JOSEPH A. 1,575.90 STILL, VERNON T. 1,378.28 SKALMAN, DONALD W. 1,403.88 NELSON, CAROL M. 1,511.08 MORELLI, RAYMOND J. 1,437.57 STEFFEN, SCOTT L. 1,441.81 ARNOLD, DAVID L. 1,561.48 BANICK, JOHN J. 1,497.20 BOHL, JOHN C. 1,448.24 CAHANES, ANTHONY G. 1,735.70 CLAUSON, DALE K. 1,403.88 MOESCHTER, RICHARD M. 1,494.50 ATCHISON, JOHN H. 1,403.88 PELTIER, WILLIAM F. 1,561.48 SZCZEPANSKI, THOMAS J. 1,274.55 WELCHLIN, CABOT V. 1,163.08 LANG, RICHARD J. 1,403.88 PALMA, STEVEN T. 1,035.88 HERBERT, MICHAEL J. 1,454.28 DREGER, RICHARD C. 1,561.48 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 08 -26 -88 CHECK #4887 - CHECK #5036 EMPLOYEE NAME GROSS PAY ------- - - - - -- --- -- - - - - -- MEEHAN, JR., JAMES E. 1,585.36 STAFNE, GREGORY L. 1,403.88 BECKER, RONALD D. 1,454.28 HALWEG, KEVIN R. 2,186.46 STOCKTON, DERRELL T. 1,378.28 PAULOS, JR., PAUL G. 636.17 BOWMAN, RICK A. 1,339.31 KARIS, FLINT D. 1,390.28 HEINZ, STEPHEN J. 1,390.28 GRAF, DAVID M. 1,467.08 THOMALLA, DAVID J. 1,548.36 YOUNGREN, JAMES G. 1,583.32 RAZSKAZOFF, DALE E. 1,454.28 VORWERK, ROBERT E. 1,467.08 BERGERON, JOSEPH A. 1,621.00 MELANDER, JON A. 1,467.08 EMBERTSON, JAMES M. 1,482.90 WILLIAMS, DUANE J. 1,290.10 RABINE, JANET L. 967.15 STAHNKE, JULIE A. 932.86 BOYER, SCOTT K. 873.85 RYAN, MICHAEL P. 1,565.06 FEHR, JOSEPH 738.85 NELSON, KAREN A. 951.26 FLAUGHER, JAYME L. 968.86 HAIDER, KENNETH G. 1,934.10 CHLEBECK, JUDY M. 986.46 WEGWERTH, JUDITH A. 544.79 MEYER, GERALD W. 1,180.94 KANE, MICHAEL R. 1,247.21 LUTZ, DAVID P. 1,084.86 KLAUSING, HENRY F. 1,147.26 SCHMOOCK, JOHN 783.26 HELEY, RONALD J. 1,129.96 OSWALD, ERICK D. 965.59 TEVLIN, JR., HARRY J. 1,126.46 FREBERG, RONALD.L. 1,135.63 CASS, WILLIAM C. 1,596.68 COLLINS, STEVEN A. 460.00 LINDBLOM, RANDY 872.22 ELIAS, JAMES G. 1,280.07 PECK, DENNIS L. 1,280.06 PRIEBE, WILLIAM 1,389.26 IRISH, BRUCE A. 1,442.28 GESSELE, JAMES T. 1,233.66 GEISSLER, WALTER M. 1,326.52 METZ, TERRY 848.86 LOFGREN, JOHN R. 885.66 ODEGARD, ROBERT D. 1,797.30 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 08 -26 -88 CHECK #4887 - CHECK #5036 EMPLOYEE NAME GROSS PAY ------- - -- - -- ----- - - - - -- BRENNER, LOIS J. 958.30 KRUMMEL, BARBARA A. 458.03 STAPLES, PAULINE 1,499.88 BOWES, WILLIAM 527.98 TRAVERS, DANIEL L. 81.00 VASQUEZ, MICHAEL 388.00 ANDERSON, ROBERT S. 1,095.98 LINDORFF, DENNIS P. 303.05 GARRY, WILLIAM 783.26 HELEY, ROLAND B. 1,126.46 MARUSKA, MARK A. 1,359.86 SCHNEIDER, GREG 477.13 BURKE, MYLES R. 1,147.26 GERMAIN, DAVID A. 1,130.91 BRENNER, JAY 452.81 LAMBERT, JULIE 140.65 SHELDON, LEO B. 20.00 DREGER, KARI 114.00 THOMPSON, JENNIFER S. 160.88 CASSEDAY, ELIZABETH 220.50 PODPESKAR, KIMBERLY J. 152.78 HERBER, TODD 127.50 ANDERSON, CHRISTY 126.10 FISCHER, PATRICIA R. 27.00 IKHAML, JENNY 23.70 DORNBUSCH, AMY 73.50 WARD, ROY G. 406.40 TAUBMAN, DOUGLAS J. 1,196.68 GREW, JANET M. 1,024.86 NELSON, JEAN 314.03 HORSNELL, JUDITH A. 502.83 HUTCHINSON, ANN E. 392.43 BARTA, MARIE L. 804.06 DOHERTY, KATHLEEN M. 906.46 OLSON, GEOFFREY W. 1,786.10 MISKELL, NANCY 161.52 LIVINGSTON, JOYCE L. 352.43 GENEROUS, ROBERT 666.40 EKSTRAND, THOMAS G. 1,239.78 JOHNSON, RANDALL L. 1,192.06 OSTROM, MARJORIE 1,494.28 CARVER, NICHOLAS N. 1,138.46 WENGER, ROBERT J. 1,233.66 LACASSE, CASEY 230.00 NADEAU, EDWARD A. 1,084.54 MULWEE, GEORGE W. 1,206.71 NUTESON, LAVERNE S. 1,532.85 BREHEIM, ROGER W. 1,104.86 EDSON, DAVID B. 1,215.82 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 08 -26 -88 CHECK #4887 - CHECK #5036 EMPLOYEE NAME GROSS PAY MARTINSON, ERIC 420.00 MULVANEY, DENNIS M. 1,212.86 SPREIGL, GEORGE C. 899.26 $155,684.07 PAYROLL DEDUCTIONS ICMA RETIREMENT CORPORATION CITY & COUNTY EMP CR UNION AFSCME 2725 MN MUTUAL LIFE INS 19 -3988 METRO SUPERVISORY ASSOC MN STATE RETIREMENT SYSTEM L E.L.S. Z1 $ 6,551.20 Cl 22,054.00 U1 442.35 160.00 U3 18.00 Z2 247.00 P1 546.00 $ 30,018.55 GRAND TOTAL $185,702.62 Action by Counoll:l MEMORANDUM TO: FROM: SUBJECT: APPLICANT /OWNER: PROJECT: DATE: City Manager Randy Johnson Time Extension ­Robert and Flora Miggler Miggler Addition September 6, 1 1988 yilufu► \;i9 Introduction The applicant is Miggler Addition be created. Discussion Endorsed ®..Y..._.._ Modified_._ Rejected-- requesting a one -year time extension for the preliminary plat. Eight industrial lots would Staff is proposing a sewer plan amendment (separate report) that would route an eighteen -inch diameter interceptor sewer line through this property, along proposed Miggler Drive (see map on page 7). An eighteen -inch diameter pipe is larger than needed to serve this property. The larger pipe will cost at least $20,000 to $25,000 more than the sewer line which would typically be found in a development of this type. This excess cost should be paid by the, City. The depth of this pipe also needs to be deeper than originally anticipated to accommodate the interception function. The conditions of preliminary plat approval should be amended to address this situation. There have been no other changes in the area or in Code that warrant amendment of the conditions of approval. A street name correction is, however, recommended. The north /south portion of proposed Miggler Drive should be named Chambers Street. Recommendation Approval of a one -year time extension for the eight -lot Miggler Addition preliminary plat, subject to the September 14, 1987 conditions of approval,amended as follows (language deleted is crossed out and language added is underlined): 1. Submittal of a 66- foot -wide right -of -way easement to the City Engineer for the extension of proposed Miggler Drive to Gervais Avenue. The applicant shall pay all costs for acquiring this easement, including any costs for acquisition by condemnation. This easement shall not encroach upon the City's property abutting to the east. 2. Submittal of a signed developer's agreement with required surety for required public improvements, including the construction of the street, sani sewer and water main extensions_ to Gervais Avenue and to guarantee removal of the truck farm structures that are in conflict with ord+nence any setback requirements_ bayed -oa- get- �saea- The City shall pay the cost- differential surety shall not include this cost - differential. 3. The water main to be constructed in proposed Miggler Drive shall be looped to the water main in Gervais Avenue. 4. Delete Lot Two, Block Two and renumber Lots Three through Five to Lots Two through Four. Lot one, Block Two shall be enlarged to include the west 185± feet of the former Lot Two. The former Lot Three shall be enlarged "to include the easterly 115± feet of the former Lot Two. (Refer to page 6.) 5. Phasing of the plat may be permitted provided: a. Development is limited to Lots One, Two and Three of Blocks One and Lots One and Two of Block Two (as revised in condition four) until street and water main are extended to Gervais Avenue. The area not being developed in the first phase shall be shown as an outlot. b. A developer's agreement shall be submitted with the required surety for all public improvements needed to serve the first phase and to guarantee the removal of any truck farm structures in violation of setback requirements. This agreement shall include the submission of a temporary 108 -foot diameter cul -de -sac easement to the City and construction of a 100 -foot diameter temporary cul -de -sac. The bulb of the cul -de -sac shall be constructed to the east line of Lot Two, (as revised in condition four), Block Two. c. Fire flows in proposed Miggler Drive must meet the fire code. 6. Miggler Drive shall be a 66- foot -wide right -of -way. 7. City.Enginser approval of final grading, drainage and utility plans. These plans must include an eighteen- 2 remainder of this interceptor line to be constructed from Barclay Street and Highway 36. 8. The east /west portion of Miggler Drive shall be renamed "Brooks Avenue ". REFERENCE Past Actions EII:12-I4 1. Council rezoned the easterly two - thirds of the site from R -1, single dwelling, to CO, commercial office. The applicant had requested M -1, light manufacturing zoning. 2. Council amended the land use plan to designate the proposed street connection between the Highway 61 Frontage Road and Gervais Avenue as a minor collector street. 9- 22 -86: Council conditionally approved a nine -lot Miggler Addition preliminary plat. 4- 27 -87: 1. The applicant agreed to drop a lot and adjust the property lines for two others in exchange for rezoning approvals. 2. Council adjusted the M -1 /CO zoning district boundary to coincide with the east line of revised Lot One, Block Two and the east line of Lot Two, Block One. 9- 14 -87: Council amended the preliminary plat conditions to incorporate the changes made in 4 -27 -87 and approved a one -year time extension. ,(Refer, to.the recommendation for the conditions.) City Code Section 30 -5(e): For one year following preliminary approval... unless the subdivider and the city agree otherwise, no amendment to a comprehensive plan,or official control shall apply to or affect the use, development density, lot size, lot layout or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the city may extend the M period by agreement with the subdivider and subject to•all applicable performance conditions and requirements, or it may require submission of a new application, unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. nim Attachments 1. Location Map 2. Preliminary Plat and Zoning Districts 3. Sewer Plan Amendment Map 4. Applicant's Letter 4 .YTY OF Ell I R LOCATION MAP Miggler Addition property Page 5 o PI c . U)c Attachment 1 ;1J ■ �''' • I ,` Cyr � '�`Lf7 �� }} ••; —.— .4..__�, —�e, r �..' BFI �a.._.�� ,• -''�% - '' - ��tr .. , .• I 1 � J �r ;._ _I ' • �+11GGL . ,•t '"[jIiIV�',.= :�`;.:� /. �,. � ._ .. BLOC " ..,�` : J' �; " ......e i„^a, PRELIMINARY PLAT AND ZONING DISTRICT BOUNDARIES (as revised 4/27/87) i n - Page 6 Attachinent 2 i INTERCEPTORS TRUNK SEWERS METERING POINTS LIFT STATIONS CAPACITY DEFICIENCIES AREAS TRIBUTARY TO ADJACENT COMMUNITY SYSTEM EXISTING FUTURE iii i i i I II Excerpt-from the Sewer Plan (Proposed) 7 F Attachment 3 N 0 s e. '88 Mr. and Mrs. Robert Miggler '2444 Highway 61 Maplewood, MN 55109 August 31, 1988 Mr. Geoff Olson City of Maplewood 1830 East County Road B Maplewood, MN 55109 RE: Miggler Addition Plat: Dear Mr. Olson: We do not feel that the timing is right for us to file the above plat and we request that the City of Maplewood give us an extension until September of 1989. If you have any questions, please call Mr. B. B. Chapman at 221 -0401 or Mr. Gale Rehnberg at 774 -9771. Sincerely, V✓ Robert Miggler bb cc: B. B. Chapman G. C. Rehnberg Action by Council: MEMORANDUM Endorsed Modifie Rejected_ w� Date TO: City Manager FROM: Thomas Ekstrand, Associate Planner SUBJECT: 'Conditional Use Permit Renewal LOCATION: White Bear Avenue and County Road C APPLICANT /OWNER: North St. Paul - Maplewood- Oakdale School District DATE: September 9, 1988 Introduction SUMMARY The applicant is requesting renewal of a conditional use permit at the former Harmony Elementary School for a community education center and day -care facility. Refer to the letter on page 5 from the original request. Background On September 14, 1988, the city council granted this conditional use permit, subject to: 1. Submittal of a dimensioned striping plan for the existing parking spaces. 2. Council may require additional parking spaces as a condition of permit renewal, if the existing parking lot is found to be inadequate. 3. Maplewood and North St. Paul shall have continued use of the athletic facilities in the northeast portion of the site until that part of the site develop's provided the use of these facilities does not interfere with the applicant's use of the property. 4. The nonprofit uses shall be restricted to health and wellness programs, special and community education, office, worship and other similar uses Subsection 36 -442 (e) requires that all condition use permits be reviewed by the council within one year of the date of initial approval, unless such review is, waived by council decision or ordinance. At the one year review, the council „may specify an indefinite term or specific term, not to exceed five (5) years, for subsequent reviews. The council may impose new or additional conditions upon the permit at the time of the initial or subsequent reviews. Discussion All conditions have been met. Staff seer. no reason to deny this renewal. Recommendation Renewal of the conditional use permit for five years for a community education and day -care facility at 2650 .White Bear Avenue, subject to the original conditions of approval. kd Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Statement of Property.Use Dated 4-29"87 2 - ;WHITE BEAR a L �ti ii L�fY4( a iJJ a YI0 LYNN FUR SS o 0 YDIA Is yCTF 19 " 4 N BLVD �" �; w BEAM w z 19 m MAPLE VIEW 1 w .1 � RW Lake iio w RD R L (/) a 12) PRIVATE STREET' (MTSSAe/ AV) NORTH SA /NT PAUL J y 36 QZ ' 2 , it w i 0 LOCATION MAP 3 0 Attachment 1 ✓ER U 11 i' r 0 N - ,: - . 1 I stll + ai col 'x a0. :a ,� `�•t-. S" u . GE a I \ K i WTLIN� t` • A, =- E■ ""ww mury 57 RR 0 {��� rl) (11) � !M'•° (2) I (lil 11 0. II ,90w. 67 S 1 0 1 (3) O .� • WATER 2 KQH61 A N 11 Ak o� o° ID m 'oo i Church ' 4 N) RR 1 b i 87b� • ! I•.:II a a � n..� 4• •.et u. .43 (el t :•� ru) w> W) pe) i Former Harmon School (ej' (�> �Les's Superette y.. ( forth S Paul (z!) , 2005 2650 r „,! c,•I .,, �' ';• L . 1954.1” I] 1. u m n 10 ! e , •. �'' .. ] z 1 r" <v (3) �. • .('n (I LI) 4f, !!ea y42 n •.. • e 1 ! ? ] ie ulIr •e 3.28 °+. _ 4 .5 2 °a Q 4 ) J U 2 24 z� xe ! - _ .u.., oft a es e.o. ]] R (z 9) .. P4) ` ° a. S OAK ° AV E. s (4) ! 3 Y (n V ,n.. ra I a •e.ot 1• 1 6! 14 Is 14 13 °f 1 1.11 a , e s 4 z 1 (•) e (30) a .a' 'pa 1, — — t•x °�_ (u; Lai a4 1511 1l 2021 22 ]24 L, 2a 2, 2e 29 0 • bj 0. f _o.. � b•" (a s) e Y EDGEHILL ROAD P 4A Cpl, v yl of (e) Q ! 3945b µ•,�,+.e _ „ - � 9 r71 a t J Z IS 14 I] 12 II 10 9 . T o S C '.1lau (33) . I 1 � • !ll iv - _ y ] _ —_ —_ _ _ _ -� �10 Ila -;• t) 3:32021 23 2/ 62, 20 29 30 � to I, le 192021 2! 02, 2E 29 0. II Leo " (rte) , J eta.e G 2 1 ;•°. n -- 'm- --rrr 3°`nv'q 1� _ ° +ll ('O) 12 X 71 IS PROPERTY LINE " / ZONING MAP Q` 4 Attachment 2 0 NORTH ST PAUL - MAPLEWOOD - OAKDALE SCHOOLS Independent School No. 622 Statement of Property Use HARMONY SCHOOL White Bear Avenue and County Road C Maplewood, Minnesota It is the intention of North St Paul - Maplewood,- Oakdale Schools, Independent School District No. 622, to reopen Harmony School :for use as:' 1. A Community Education Center for Early Childhood and Family Education programs. '2. As a Stepping Stones child care center. 3. To house the School District's Central Audio Visual and Library Processing programs, the Cable T.V. Studio, and two meeting rooms. '4. Rental space to nonprofit agencies. The athletic fields will be used by the City of Maplewood and North St Paul Recreation programs and the School District's athletic programs. In the future, if elementary enrollments warrant, this school may be needed as an elementary school. Since Harmony was a school until it was closed, and because the structure is designed for school use, the re- zoning and Conditional.Usq Permit to allow it to be used as's school should be authorized. . BCB:sc 4/29/87 5 Attachment 3 0 c� ' MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: OWNER: ' PROJECT: DATE: In trodUCt i On City Manager Thomas Ekstrand, Associate Planner Home Occupation Renewal 1161 Leland Road Jane Christensen Fosse Jane and Dizle Fosse Home`BeaWty Salon September 19, 1988 Action by Councilv Eodorood- Modified— Bojoutod~.-~.~._,~~ Date The applicant is requesting approved of her conditional use permit for a home beauty salon. I 1" On October 15, 1987, the City Council granted a conditional use permit fPr this CUP, subject to: ` a° Customers shall park in the driveway or directly in front of the applicant's house" b. Compliance with the requirements of Section 36-66 (4) (b) pertaining to the operation of a home occupation" c. A smoke detector and fire extinguisher shall be provided in the shop area. d. Si9nage shall be limited to a wall -mount|d, two-square-foot maximum sign. ^ 2" On June 27, 1988, Council amended the home occupation requirements to require that future home occupations be allowed by license approval, rather than by conditional use permit" Subsection 36~442 (e) and (f) : ` (e) All conditional use permits shall be reviewed by the Council within one year of the date of initial approval, unless such review is waived by Council decision or ordinance. At the one-year ^ review, the Council may specify an indefinite terms or specific term, not. to exceed five (5) years, for subsequent reviews" The Council may impose new oradditional conditions upon the permit at the time of the initial or subsequent reviews. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of ` ' . conditional uses. Any conditional use that meets the agreed upon conditions and is later disallowed of the City enacting or � ' amending official controls shall' be considered a legal nonconforming use. Discussion Since all conditions are being complied with and the use is in effect, it is a legal nonconforming use" The new license requirements would not apply. EqqcoMmend at i on Renewal of the conditional use permit for home-operated beauty salon at 1161 Leland Road for five years, subject to the original conditions. mb Attachments: 1" Land Use Plan 2" Property Line/Zoning Map 3. Floor Plan � O O u � o m c o V U o O p F E e b O al a . e vl G O Z SHERWOOD GLEN LAND USE 'PLAN Attachment 1 ^ u N c < C = W r O m 0 L 3 SHERWOOD GLEN LAND USE 'PLAN Attachment 1 ^ u N ?• ms 15 4 1 w • ..,� • M 100 D' rTota.l+ 13.37 99 0111 14 4 2a c �• oao 3 \ I� 0 :� ' 110' _ 29O' 236• J .' , :' .;•' ' 1, _ ... -t zt. YI• Doe I � [ l j s� e , •n ..n 31 _� _. __ °•. ' �i ?_ tli-C IR III �� o ^ �o w • ue I o „ ,46ae �I IssP I(:JI 11 '!d uJi Qlgl I 1/Dj11 N `iy: (I,aGa`� 1 I 1 1 Oe 29 I. 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N Attachment 2 V) V? 1 v w 3 M ,F 0 FLOOR PLAN Attachment 3 E 5� ,Action by Council) Endorsed — Modified T0: City Manager Rejected— — Date — FROM: Staff Services Coordinator pfl RE: RENEWAL OF INSURANCE CONTRACTS B pJlCic+ DATE: September 20, 1988 INTRODUCTION It is proposed that the existing one -year contracts for employee insurance be renewed with Blue Cross /Blue Shield, Group Health, Share, Employee Benefits Plan (Dental), Schools Insurance Fund (Long Term Disability), and Commercial Life. BACKGROUND Contracts for employee group insurance coverages are rebid every four years as required by state law. Annually, the contracts need to be renewed. The current one -year contracts with the above companies expire October 1, 1988. Contract renewal proposals from Group Health and Blue Cross /Blue Shield indicate that premium rates will increase by 19% to 20% based upon claims experience. Share is at the end of a two -year rate guarantee and has indicated that premium rates will increase by 60% to 65 %. Employee Benefit Plan, Schools Insurance Fund, and Commercial Life will not require a premium increase. RECOMMENDATION It is recommended that the existing one -year contracts for employee insurance be renewed with Blue Cross /Blue Shield, Group Health, Share, Employee Benefit Plan, Schools Insurance Fund, and Commercial Life. GJB:kaz T0: FROM SUBJECT: DATE: City Manager Director of Community Development Budget Transfer - Planning Consultant September 16, 1988 Action by Counciln Endorsed Modified— Rejected— Date Request Transfer $9,000 from the contingency account to the Community Development Department budget for a planning consultant to edit, reduce the size and evaluate the need for further changes in the City's Comprehensive Plan. Discussion The City Council had requested this project over a year ago. The purpose was to edit and reduce the length of the Plan so that it would be easier to read and understand. Hopefully, this would increase it's use. This would also help to avoid a situation where . an opposing attorney could use an obscure or outdated section of the Plan as evidence against the City. Staff had hoped to do this project, but we have been too busy keeping up with a heavy volume of construction activity. Recommendation Transfer $9,000 from the contingency account to account 141 -701 -4490. AGENDA REPORT Action by Council: Endorsed___ To: City Manager Michael McGuire '/ � Modified__.__. - V V From: Chief of Police Kenneth V. Collins Rejected __ Subject: Request For No Parking Signs – Larpenteur Avenue Date -- Introduction Parking is becoming a significant problem along Larpenteur Avenue from Century to McKnight. This is especially true on the north side of Larpenteur where there is a bicycle and walking path. Vehicles parking on the north side of Larpenteur create a safety hazard for not only pedestrians and bicycles using this path, but they have been the cause of several property damage accidents when they: 1. Pull out of the parking space. 2. Make illegal U turns in the middle of the street. 3. Create visibility problems for vehicles entering Larpenteur from side streets, residences or businesses. Recommendation I would recommend the City Council pass a resolution requesting the County prohibit parking on the north side of Larpenteur from Century to McKnight and that this area be posted. Action To Be Taken Submit to the City Council for review and approval. KVC:js MEMORANDUM TO: City Manager FROM: City Engineer SUBJECT: Price & Ruth - -Stop Sign DATE: September 20, 1988 AGENDA ITEM ° 9 Action by Councll:l Endorsed Modified Rejected_ 'Date Attached is a letter requesting stop signs on both sides of Price at Ruth. The request is based on the relatively high amounts of traffic using Price as the entrance to, Mounds Park, Academy and the school district administration complex. The requested stop signs are recommended by public works and public safety departments. iw 0 1922 Ripley Avenue Maplewood, MN 55109 September 13, 1988 Maplewood City Council 1380 E. County Road B Maplewood, MN 55109 0 0 Re: Request for More and Better Signs Attached herewith is a copy of my letter to Mounds Park Academy. By reading it, you will understand what my concerns are. My request is: 1. Install a stop sign on both sides of Ruth Str,eet at Price. 2. Place multiple signs in the neighborhood to alert drivers that there are.children present. 3. An alternate solution you may consider if No. 1 and 2 do not produce a result is a number of speed bumps. Ripley Avenue has a nice wide and open street which has a residential neighborhood on one side and a park and playground oh'the other.' I appreciate your.time and consideration. I await a reply from you. • Best rega .d, meter. Att. 1922 Ripley Avenue Maplewood,'MN 55109 September 13, 1988 Mounds Park Academy 2051 Larpenteur Ave. Maplewood, MN 55109 Attention: Principal I am a resident of the neighborhood immediately adjacent to your school. Generally speaking, you have been a good neighbor. However, I feel that I must let you know about this concern before it becomes a greater problem. I am a father of a 13 year old mentally handicapped son. Our little neighborhood bordered by Ripley, Ruth, Larpenteur and the Builders Square complex has a large number of families with young children. Talking with others, we believe we have a traffic problem on the streets of Ruth, Ripley and Price. It is the speed with which these cars drive with no care or concern for the people living in the neighborhood. The most serious offender is when the people leave your parking lot coming off of Price unto Ruth. They do not yield. Many times they fly out of there not even looking for uncoming traffic. This has happened to us several times and because we are cautious we have avoided an accident. Some suggestions you may consider are the following: 1. Place a stop sign at Ruth and Price so the vehicles leaving your parking lot must stop. You would have to request this in writing from the Maplewood City Council. 2. Petition the -City of Maplewood, as I have done, to place more signs along these streets to remind the drivers that this is a residential neighborhood and there are young children present. 3. Turn the problem over to your students to resolve. I seem to reoall that they did a very effective job a year or so ago with the seat belt issue. 4. Communicate with your parents in regard to the traffic concern mentioned here. The concern over this is very'strong. It is my hope that it will be resolved-at the neighbor or administrative level. If you have any questions or wish to discuss the matter, feel free'to call me any time. I am self- employed and work nearby, so reaching.me is.not. a problem. My work number is 738 -9600 and my home number 770- 0200.. Best regards, Edward V. Franzmeier E- 9 Action by Council: Endorse Modified— Rejected® Date ,. John V. Prey 2370 Stillwater Avenue Apt. 204 Maplewood, MN 55119 September 6, 1.988 The Honorable Mayor, City Council & City Manager City of Maplewood 1830 East County Road B Maplewood, MN 55109 I regret to inform you that I am relocating to Dallas in the very near future, therefore necessitating my resignation from the Human Relations Commission and the Housing and Redevelopment Authority effective immediately. I appreciated and enjoyed having the opportunity to serve the City of Maplewood and extend my best wishes for your continued growth and progress. Sincerely, ?Z 7 John V. Prey Action by Council:; MEMORANDUM Endorse TO: City Manager Modified_ Rejected FROM: City Clerk Date RE: Authorization to Fill Part -Time Position -� DATE: September 20, 1988 I am requesting authorization to post the position of permanent part - time for the Deputy Registrar Department. The position has been vacant since June, 1988. It is time to hire a person with definite hours since the busiest part of the season is ahead. The position has been in existence for four years and is necessary. RESOLUTION ESTABLISHING A UNIFORM POLICY WITH RESPECT TO LOBBYING BY CABLE COMPANY REPRESENTATIVES WITH INDIVIDUAL COUNCIL MEMBERS OR STAFF CONCERNING THE ACCESS TRANSFER WHEREAS, the City of , in conjunction with others comprising the Ramsey - Washington. Counties Suburban Cable Commission ( "RWCSCC"), has been requested by the Grantee of their similar Cable Communications System Franchises (!'Franchisee), to evaluate 'issues relating to the potential transfer of the access operations; and WHEREAS, it is the concern of this City Council that in this process all cable company personnel or representatives (including its parent or affiliates) conduct any communications with regard to this matter with the City Council as a whole and not with individual members of the City Council or administration; and WHEREAS, the City Council I best interest of all of those process that all communications misunderstanding and unwarranted develop either against the City representatives; and as determined that it is in the participating in the transfer be public to avoid any sort of accusations that would otherwise or any of its Councilmembers or WHEREAS, the City Council has determined a policy must be adopted that will be consistently followed by its Councilmembers and staff and with the understanding that Councilmembers of other communities will likewise adhere to a similar policy. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of , Minnesota: 1. It is the policy of the Mayor and City Council that all communications regarding any matter of the cable communications system proposed transfer of access operations shall be directed to the City Council as a whole and not to an individual Council or staff member. It is not intended by this that communications by a constituent acting in a private capacity as a constituent will be prohibited. 2. It is requested that the Chairperson of the RWCSCC will request from the Grantee of the Franchise that they provide a list designating each person who will be the official speakers or representatives on behalf of them, and further, that the RWCSCC shall provide to the City Council from time to time, a report advising it of the names of any such official speakers or representatives. 3. That a copy of this Resolution be forwarded by the City Clerk to the Chairperson of the RWCSCC and to the Clerk Action by Council:' MEMORANDUM Endorsed Modifie TO: City Manager Rejecto FROM: Director of Community Development Date.__. SUBJECT: Conditional Use Permit Revision LOCATION: Highway 36, West of Barclay Street APPLICANT/OWNER: Minnesota Department of Transportation (MnDOT) PROJECT: Laboratory and Research Center DATE: September 13, 1988 Introduction MnDQT is requesting that one of the conditions of the conditional use permit approved for their laboratory and research center on May 9, 1988, be deleted. The condition states that "A building permit shall not be issued until the city has signed a contract for the construction of Gervais Avenue." MnDOT would agree to not occupy the building until the first layer of bituminous surfacing on Gervais Avenue is constructed. The purpose of this request is to allow them to start construction before winter. (Refer to their letter of request on page 5.) Discussion The City should not issue a building permit for this project until the construction.of, Gervais Avenue is assured. A building with over 100 potential employees needs safe and convenient access. The City Council will consider ordering the Gervais Avenue project on September 26. I£ the project is ordered, staff would support the issuance of a building permit. Recommendation Approve the resolution on page 7, revising Condition Two of the conditional use permit to read as follows (additions are underlined and deletions are crossed out ): 2. A building permit shall not be ordered s4gnerd— a— cent-ract —for the Avenue. issued until the City has construction of Gervais mb Attachments: 1. Land use plan 2. Property line /zoning map 3. Site plan 4. Letter 5. Resolution Interchange Vadnala Helghla i m r I 0 0 u 0 a E Interchange tstQ�r� 3� malory wwww=wwa� www�ews 11 n .I apllecte m t M 7 RH HAZELWOOD LAND USE PLAN 2 Attachment 1 4 yy'I 3 d Coi'tidlC � nn _ f pm.j� i m r I 0 0 u 0 a E Interchange tstQ�r� 3� malory wwww=wwa� www�ews 11 n .I apllecte m t M 7 RH HAZELWOOD LAND USE PLAN 2 Attachment 1 4 Do IG oc ; 5.50AC. Langer:ILand Scat• of Mi "... Greve( Pit R al _ od e e • � • i � 7c w•" 4)91•C `! � ��; 140 �a n s (I•DI K� M � 2- JO.'97f V IL UCK UTILITIES a z T � 17) A CAVE'$ BARCLAY ti 4 .ADDITION PROPOSED MNDOT CENTRAL LASO n AND RESEARCH CENTER 23521 1470 1461 ' . 1 r� 4 69 D el $ 0 44! J- -GRAt 1462 1470 'If 1461 11469 C ® 111.{ L. 1.:a.�. a (ss) r (54)' (s� x � f (sii (soi " S - • . 1 (SG) �i 14 114 12 v 11 10 v e r f.34u A r y y A Mi/ a0 010 ' a.soaa. Asoc. . N SHERRENy IR . ��) ;^I (sl1 , ao .• III `• _ 1� �• r 4 10 1 e P) G 0 (58) _....... ..,__- .___._. ... .... - mac.. 4.. ..... PROPERTY LINE / ZONING MAP 4 Attachment 2 3 IG oc ; I Langer:ILand ..._ 150 140 n (I•DI K� UCK UTILITIES a PROPOSED MNDOT CENTRAL LASO n AND RESEARCH CENTER 23521 1470 1461 ' . 1 r� 4 69 D el $ 0 44! J- -GRAt 1462 1470 'If 1461 11469 C ® 111.{ L. 1.:a.�. a (ss) r (54)' (s� x � f (sii (soi " S - • . 1 (SG) �i 14 114 12 v 11 10 v e r f.34u A r y y A Mi/ a0 010 ' a.soaa. Asoc. . N SHERRENy IR . ��) ;^I (sl1 , ao .• III `• _ 1� �• r 4 10 1 e P) G 0 (58) _....... ..,__- .___._. ... .... - mac.. 4.. ..... PROPERTY LINE / ZONING MAP 4 Attachment 2 3 I� y . 1 1111 \\ 1 1 �—�\ ` � ^__ a �• -�° �_ _I 1' III III 1 Z 1 _.•.+:r,�s �'.�^__ ^ \) '_ __ `\ 111111 \. It • \ ` 1 \ 1 .l / '` � \ � J _. r 1 it / 1 V i � _' / i /�' \ \ • 141 '� 7 r r / . i �ir11 - I 1j If 1 1 i BafCj6y pl/elln ! 4 Attachment 3 Mintmota Departawtof Transpo'tatbn /� ❑ 4� k lsldia ossoclatosF c ®U.Pumf orcitilacfs Central Laboratory and Research Center �4D . ' Maptawaf,M ''c. ,.r _- •.•.••••••• August 3, 1988.• Minnesota Department of Transportation Transportation Building, St. Paul, MN 55155 Mr. Michael McGuire City Manager City of Maplewood 1830 East County Road B Maplewood, MN 55109 RE: Building Permit for Mn /DOT New Central Laboratory and Research Center Gervais Avenue and Barclay Street Dear Mr: McGuire: Phone 296 -8044 As you are aware, Mn /DOT has applied to the City of Maplewood for a Conditional Use Permit for construction of a new Central Laboratory and Research Center to replace the one currently in the Transportation Building near the Capitol. Kermit McRae's letter to you, dated February 2, 1988, requested an extension of Gervais Avenue for permanent access to the property. The Conditional Use Permit was favorably acted upon by the Maplewood Planning Commission on May 2, 1988, and further approved at the City Council Meeting on May 9.' Part of the Planning Commission's recommendation to the City Council indicated that a building permit should not be issued until the City has entered into a construction contract for the road and utility construction. We understand this is the policy of the City, primarily because of funding for the roadway project. We request an exception to the above policy for the following reasons: a. Funding for almost 100% of the project is assured since Gervais Avenue is on the Municipal State Aid System. b. Mn /DOT is in the process of acquiring the necessary right -of -way crossing of the Burlington Northern Railroad Line on the west edge of the property for Gervais Avenue. 1 • ' c. Mn /DOT has committed the necessary portions of its property for the construction of Gervais Avenue. ` An Equal O poromirr bnphp'rr Attachment 4 Mr. Michael McGuire August 3, 198.8 Page Two d. Construction of the new laboratory and office complex will take.10 months or more to complete. e. The move from the present laboratory facility to the new building must be made during the' "off construction season" to avoid delays in the testing of the construction materials for State, County and Municipal State Aid projects. Occupancy is planned for the fall of 1989. f. Design, letting and construction of Gervais Avenue could occur simultaneous with that of the new laboratory. g. Entrance for Mn /DOT building contractors can be accommodated via the temporary present entrance off T..H. 36. h. Mn /DOT would agree to an occupancy commensurate with the construction of the first layer of bituminous surfacing. The Department of Transportation will appreciate your favorable consideration of this request so that its time schedule can be maintained. Sincerely, H. Diff t Commis 'oner ON CONDITIONAL USE PERMIT RESOLUTION Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Maplewood, Minnesota was duly called and held in the council chambers in said city on the 26th day of September, 1988 at 7 p.m. The following members were present: The following members were absent: WHEREAS, the Minnesota Department of Transportation initiated a conditional use permit to construct a laboratory and research center on the following- described properties in Section 10, T 29, R 22: 1. Subject to street the W 365 ft. of the E 39 acres of N 1/2 of SW 1/4 lying N of Sth 36 -118; and 2. Ex Northern Pacific RY R/W & EX E 39 acres; part of N 1/2 of SW 1/4 lying N of N L of HWY 36 & lying Ely of a L run NEly from intersection of E L or W 19 acres & N L of SD Hwy 36 to a point 260 feet S of N L of SD SW 1/4 & 140 ft. E of E L of SD W 19 acres TH E Par with N L of SDSW 1/4 to Wly L of Sd N P RY R/W TH NEly to N L of SD SW 1/4. The revision would change Condition Two to read: 2. A building permit shall nto be issued until the City has ordered the construction of Gervais Avenue. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This revision to the conditional use permit was reviewed by the Maplewood Planning Commission on September 19, 1988. The Planning Commission recommended to the City Council that said permit be 2. The Maplewood City Council held a public hearing on September 26, 1988. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAT the above- described conditional use permit revision be approved on the basis of the following findings - of -fact: Attachment 5 4, 1. The use is in conformity with the city's comprehensive plan and with the purpose and standards of this chapter. '­ 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. 1 The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run —off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities,and services; and would not be detrimental to the welfare of the city. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: Adopted this 26th day of September, 1988. Seconded by Ayes -- STATE OF MINNESOTA > COUNTY OF RAMSEY > SS. CITY OF MAPLEWOOD > I, the undersigned, being the duly qualified and appointed clerk of the City of Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the 26th day of September, 1988, with the original on file in my'office, and the same is a full, true and complete transcript insofar as the same relates to a conditional use permit. Witness my hand as such clerk and the corporate seal of the city this day of , 1988. City ..Clerk City of Maplewood 8 � � . r z ° 'Action by Council! MEMORANDUM TO: FROM: SUBJECT LOCATION: DATE: C Manager Randall Johnson, Associate Planner Plan Amendment, Public Improvement Avenue) and No Parking Designation Gervais Avenue between English and September 14, 1988 SUMMARY Introduction 1° Staff is proposing trunk sewer route along industrial subdivision Highway 36 (page 5)" Eudorao8_.�_.~~.~~ Modified..-- � ]Bujeuto8�.~~~--~.. Project (Gervais Kennard Streets ` a sanitary sewer plan amendment to substitute a Gervais Avenue and through the Mig9lers' proposed (page 6) for the presently planned route along ` 2" The re'ommended improvement consists of the construction of a 52- +Oot-wide curb 'and guttered street between English and Barclay Streets, reconstruction of Gervais Avenue between Barclay and Kennard Streets to 36 feet of width with curb and gutter, construction of sanitary sewer to serve the project area west of Barclay Street, relocation of hydrants and water services and ,construction of sidewalk along the north side of Gervais Avenue between English and Kennard Streets" (Refer to Figures 1 3 and 4 in the rear portion of the attached Feasibil Study.) 3. Staff is propbsin9 to post the north side of Gervais Avenue for "no parking" betweer! Barclay and Kennard Streets, (See the resolution on page 9 for the reasons,) On May 9 1988, council approved a conditional use permit for the MnDOT research facility, to be located southwest of Gervais Avenue and Barclay Street. A condition of approval was that a building permit "shall not be issued until the City has signed a contract for the construction of Gervais Avenue" ° State law requires that the planning commission review all capital improvements to determine whether they comply with the comprehensive plan. Discussion . The proposed street widths are consistent with Gervais Avenue's designation in the comprehensive plan as a major collector street (page 4). The storm sewer and water main improvements are not addressed in the'comprehensive plan. They are, however, consistent with the drainage and water utility plans" The sanitary sewer and sidewalk improvements require revisions to the comprehensive plan. Sanitary Sewer Plan Amendment: Both routes would accomplish the same sewer plan objectives--eliminate an existing lift station and prevent an overcapacity problem for property south of Highway 36° Miggler Ali9hmerit:' This will require the sanitary sewer in the Mi99ler Addition to be deeper than originally anticipated" The increase in pipe size from eight inches to 18 inches Will also increase the costs at least $20,000 to $25,000 for the Miggler site, if the City does not participate in the cost. This cost is proposed to be paid by the City" Sidewalk: A sidewalk is proposed because it will separate pedestrians and small children on bicycles from motor vehicles on these higher traffic volume streets" In so doing, an unnecessary traffic hazard for motorists will be eliminated and pedestrian travel will be safer" A sidewalk would also provide safe access to Four Seasons Park and the Gerten Pond open space areas. BN Crossing: Page 6 of the consultant's report states that "It is anticipated that MnDOT will require the abandoned railroad right-of-way in this area and donate an easement through it to the City." Since this will be a city street, there is no reason for MnDOT to retain any interest in the crossing. Any rights acquired should be deeded to the City. This will allow the City to control the future use of the BNzorridor° No Parking Designation: Collector streets, such as Gervais Avenue should have two unobstructed 12-foot-wide drive lanes. On 36-foot-wide streets, one side should be designated as parking to funation,properly" To permit parking on both sides of a collector street, the street should be at least 44 feet wide. Gervais Avenue has been planned to function as a collector or arterial roadway since the land use plan was adopted in 19�72. . _ � 7 Recommendation � 1. Approve the resolution on page B to amend the sanitary sewer element of the comprehensive plan to reroute a planned future trunk line, northwest from the proposed MnDOT Research Facility, through the Miggler property (north of Gervais Avenue west of Gerten Pond to Highway 61, rather than along Highway 36, as presently planned. Approval is based on the following findings: _ a, The Highway 36 alignment would be more costly, because it would be constructed in the frontage road. The Miggler alignment would be built with a new street and the costs shared with the Miggler development"' b. There is already a sewer in the frontage road to serve adjacent properties. Pbtting the sewer through the Miggler site would serve abutting properties as well as relieve the lift station. 2" Make a finding that the proposed street improvement is consistent with the comprehensive plan. Also, require that any rights to the BN corridor be deeded to the City" 3" Make a finding''that the proposed drainage and water main improvements are not part of the comprehensive plan and, therefore, not inconsistent Niththe comprehensive plan" 4. Approve the resolution on page 9 to prohibit parking on the north side of Gervais Avenue. jl Attachments 1° Hazelwood Neighborhood Land Use Plan 2° Excerpt from the Sewer Plan (Existing) 3" Excerpt from the Sewer Plan (Proposed) 4" Trail Plan., . 1 5° Resolution (Sewer Plan Amendment) 6, Resolution (No Parking) major collacto 0 O E 1 �Inor 0011 1 m 819 I m m i m m O L 3 HAZELWOOD NEIGHBORHOOD LAND USE PLAN , vim+ RH NC bat 4 4 - Attachment 1 N� i 1 - 1� I o f i INTERCEPTORS TRUNK SEWERS i METERING POINTS LIFT STATIONS CAPACITY-DEFICIENCIES AREAS TRIBUTARY TO ADJACENT COMMUNITY SYSTEM EXISTING FUTURE .�7�lillilr Excerpt from the Sewer Plan (Existing) 5 Attachment 2 .' � 4 .r �Pix • AAA I y;.i _ ^ W° ,F•° ° Ivsinlr f \./� . r �••I f''.a11,,e. `` ��d' GY °� wanl ' �• p t TirirJl PAx :.. ^mow n.� '••ii `�`` ; ' •t?onrIIPlx Mi991er Addition; OJ` I I iN,l. (Proposed) 0; Lift Station �� �q •-� t I 1____— _ (Eventually to be Eliminated) 1 p+ San7tary Sewer I11 U To be constructed with the I ."'.+•• r , t ' .Gervats Ave, Improvement t " MnDOT Research Facility 1 , .• t J tl nJl•� h/� I•IIIr4"j I� I�� .O:.v ` „w •�•: °_ t `4 - 'j •,t•. ;.Il:: • ].'1. 1 __r IIII °� r S I FJ 1 :.n 'J' I • N • n! ..rt'll•I 'O ..'.. n. l...... 1.. ,. � + � j '.1•r '�� :; ” ..k ;�10 1 r .%• IqQ�, g ,`' � i ` �� 1 �y, • / � Itlf a°n t'WIN `t..atl� / • I� �p p � a • I ` \. .�l R uI.J 2OJ + b.p.,,,n ° .A�� i'�, .q. �lilhrl9l IIU .u``• r, •w,na IV I ( of ..I .._i, • •, _ r — — ° L'l'•' i..�\. U e uH b. «n ,t lei j. I • L.r I \ ,r \cf. f. .•% �, o +n �,�,,, / • 13OJ1. \I , 'tlnn .. ~ ° . 1t.7 � ''+`� 1 ltwrul`� / /�v� 4. i,:: • �. I � � si41/A hIJ kt .1 i.j ..r'N,4r'a ° I . EXISTING FUTURE INTERCEPTORS TRUNK SEWERS . 1 METERING POINTS I ■ ■ LIFT STATIONS CAPACITY DEFICIENCIES AREAS TRIBUTARY TO ADJACENT COMMUNITY SYSTEM Excerpt. from the Sewer Plan (Proposed) 6 4 Attachment 3 y --�- Existing Bicycle Route (on street) —•— Existing Bicycle Route (off street) -- — Potential Bicycle Routes (on street) Potential Bicycle Routes (off street) County Proposed Bicycle Routes 2 Proposed Regional Trail City Proposed Off -Road Bicycle Routes bicycle routes /trails Q ._.. N 7 Attachment 4 PLAN AMENDMENT RESOLUTION WHEREAS, the City of Maplewood initiated an amendment to the sewer element of the Maplewood Comprehensive Plan to reroute a planned future trunk line, northwest from Barclay Street and Highway 36 through the Miggler property (north of Gervais Avenue and west of Gerten Pond) to Highway 61 rather than due west along Highway 36 to Highway 61. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on September 19 to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements.' The.pl.anning commission recommended to the city council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on September 26, 1988. The council considered reports and recommendations from the planning commission and'city staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment be approved on the basis of the following findings of fact: 1. The Highway 36 alignment would be more costly, because it would be constructed in the frontage road. The Miggler alignment would be built with a new street and the costs shared with the Miggler development. 2. There•is already a sewer in the frontage road to serve adjacent properties. Putting the sewer through the Miggler site would serve abutting properties as well as relieve the lift station. Adopted this 26th day of September, 1988. Seconded by Ayes -- 8 Attachment 5 NO PARKING RESOLUTION ' WHEREAS, GerVaisAvenUe between Barclay and Kennard Streets is designated as a collector street in the land use plan" WHEREAS, this section of GerVais Avenue is proposed to be reconstructed to 36 feet of width. ^ WHEREAS, a^sideWalk is prdposed for the north side of the street because Four Seasons Pond and Gerten Pond open space are on the north side of the street. ` WHEREAS, municipal state-aid street design standards require one side of a 36-foot-wide street to be designated for no parking. , . / ^ WHEREAS,'desi9nation of the north side of GerVais Avenue for "no parking," is preferred because a) the boulevard areas would be / a similar width on.each side of the street, b) turn lanes, if added in the future, could be accommodated with less disruption of the street than.if .the no parking designation were to be located on the south side, and c) the safest location for the "no parking" designation is on the same side of the street as the sidewalk. ' NOW, TEREFORE BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the north side of GerVais Avenue between Barclay and Kennard Streets, be designated for no parking" Adopted this day of v 19813" Seconded by Ayes~~ Attachment 6 � AGENDA AGENDA REPORT TO. City Manager FROM Assistant 'City Engineer SUBJECT. Gervais Avenue, English to Kennard Street Project 88 -14 -- Public Hearing DATE.. September 20, 1988 INTRODUCTION The feasibility report for this project was presented at the time that the public hearing was scheduled. A copy of the estimated assessment data given in the staff report of August 17, 1988, is enclosed for reference. BACKGROUND The feasibility study for the proposed improvement was initiated by the city council in response to the conditional use permit z p I i c at ion for the MnDOT testing laboratory. Therefore, four affirmative votes are required to order the project. BUDGET IMPACT As documented in the feasibility report, a large majority of 'the cost for the proposed improvement can be funded from the municipal state aid' funds.',' For the recommended improvement of ;construction of a 52 -foot wide street from Barclay to English and .`a 36 -foot wide street from Barclay to Kennard with provisions for future relief sanitary sewer and optional concrete sidewalk on the north side "of the street,'"the amount necessary to recover from assessments is $93,890.` Based on past precedent, assessment rates for properties fronting on collector streets which are improved with MSA funding is set at $36.80 per front -foot. Use of this rate will fully recover the requisite local share cost. A summary of the proposed assessment units, rates, and cost for each parcel with an accompanying map giving property identification number (PIN) is attached. RECOMMENDATION It is recommended that the council order the improvement of Gervais Avenue from English Street to Kennard Street as presenter..l in the feasibility report. A resolution is attached. JC Attachments KENNARD PAGE I OF I � GRAND TOTALS 5335.12 PROJECT NO., 88-14 GERVAIS IMPR. ENGLISH TO D/P NO. ???? QUANTITY.CHECK LIST COL. 1) STREETS F. F. PIN NO. "COL 1 10-29-22-13-0038 10. 00 10 G9 - 1a - 0039. B1. 00 10-29-22-13-0040 81.00 10-29-22-13-0041 81.00 10-29-22-13-0042 81.00 10-29-22-13-0043 81.0141 10-29-22-13-0044 10. 00 10-29-22-13-0045 10.00 10-29-22-13-0046 84.00 10-29-22-13-0047 85.00 10-29-221-13-0048 85.00 10-29-22-13-0049 85.00 10-29-22-13-0050 86.00 10-29-22-13-0051 10.00 16-29-22-23-0001 290.00 10-29-22-24-0017 365.100 10-29-22-24-004• 10.00 10-29-22-24-0054 10.00 10-29-22-24-0056 82. 00 10-29-22-24-0057 75.00 10-29-22-24-0058 75.00 10-29-22-24-0059 80.00 10-29-22-24-0060 80.00 10-29-22-�4-0061 80.00 10-29-22-24-0063 10.0141 10-29-22-24-0064 20.00 10-29-22-31-0001 10.00 10-29-22-31-0002 84.00 10-29-22-31-0003 84.00 10-29-22-31-0004 84.00 10-29-22-31-0003 84.00 84.00 10-29-22-31-0007 84.00 10-29-22-31-0008 84.00 10-29-22-31-0009 84.00 10-29-22-31-0010 10.00 10-29-22-31-0041 332.4110 10-29-22-32-0002 295.00 10-29-22-32-0003 200. 10-29-22-32-0004 400.00 10-29-22-32-0015 325. 00 10-29-22-42-0001 602.82 10-29-22-42-0002 10.00 10-29-22-42-0003 84.26 10-29-22-42-0004 84.26 10-29-22-42-0005 .64.26 10-29-22-42-0006 84.26 10-29-22-42-0007 84.26 10-29-22-42-0008 KENNARD PAGE I OF I � GRAND TOTALS 5335.12 PAGE 1 OF 1 D/P NO. ? ? ?? 08 -16 71988 PROJECT NO. 88 -14 GERVAIS IMPR. ENGLISH TO KENNARD PROJECT SUMMARY SEC- 10- T- 29- R- 22 -012 14 - PARCELS ASSESSED ITEM ; QUANTITY PER ^ RATE ASSESSMENT STREETS 000, F.F. AT ** *836.500 EA. _ * *831,755.0@ SEC- 10- T- 29- R- 22 -00-23 1 PARCELS ASSESSED RATE ASSESSMENT ITEM QUANTITY _ PER - -- STREETS * * * ** * *29 @.0 @@ F.F. AT ** *836.500 EA. _ * *810.585.00 SEC- 10- T- 29- R- 22 -QQ -24 11 PARCELS ASSESSED ITEM QUANTITY PER RATE - -- ASSESSMENT STREETS * * * * ** *887. @ @ @" F.F. AT ** *836.500 ER. _ * *832,375.50 SEC-10-T-29-R-22-0-31 11 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT -- STREETS * ** **-19024.000 F.F. AT ** *836.500 EA. _ * *837.376.00 SEC- 10- T- 29- R- 22 -QQ -32 4 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT STREETS * * * *1,22 @.000 F.F. AT ** *836.500 EA. _ * *844,530.00 SEC- 10- T- 29- R- 22 -QQ -42 8. PARCELS ASSESSED - ITEM QUANTITY PER RATE - -- ASSESSMENT STREETS * * ** *1,044.120 F.F. AT ** *436.500 EA. _ * *838,110.38 GRAND TOTALS 49 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT - STREETS * * ** *5,335.120 F.F. AT ** *436.500 EA. _ *4194,731.88 TOTAL AMOUNT ASSESSED FOR THIS PROJECT * *8194,731.88 Vim♦ (i1 �:' C iy N�. ^A .V • . Z [I M �'1�� .. "vn. —. I`I a c C� LLI aF .A lil ��1 lu _ uA. a va , S , � J 7 � q �, `� 'm A9 �X��• �." • JII,'., [ sa< i._ .r1 N ° •� �A j � 9r. T Cl) 1 1 1't; a N N N N 1 - : W Y O) N N 1� 3. tq C '�Za' "k:7i1 ti1�4iW ei'•,' ", �a ` ebi:.t J.�+.- ;..v... �. ,.._ . M p^ r •'nu:.... Ya Mtl]HItlON I \ •_� - �.•�__ II I•� I' S Ny Y,l�^` N 3 r 9 • : W 1 T J ,, 4 So t •. �{ 6" .. � g JA 1 �� rin n « N ♦ ;� �• i CI •`• 7 n 1 .I S 0 • Y � A 1 I i r v ea i- An . 'r.• 7 7 . " 57 1 3' s t ] a " n S � � I 7 I .I �.•I fi f al , cr •:7— 'ell S.L..,' .. iN ^+ T n4 Y •el u , cr W I { > N sc 4 ...r NI U39 Yp � v W ^ � a zY x : W t J .1 , w to o y � � `^�' fit; •; n �. E S, 18) arc "�.•N ,n _ r v ea i- An . 'r.• 7 7 . " 57 1 3' s t ] a " n S � � I 7 I .I �.•I fi f al , cr •:7— 'ell S.L..,' .. 1 'n u N . cr W I { > N - 5 -- " - NIdNIN3 - ...r N N + Y 1 ' s O) m • N . = � t n O c d cJ z cr •:7— 'ell S.L..,' .. ^.. ' u a r o cr W I .1 N N + Y 1 ' s O) m • N . = � t n O c d cJ z RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARING Wt•IEREAS, after due notice of public hearing•on the construction of roadway: with concrete curb and gutter,and associated improvements', on Gervias Avenue, English Street to Kennard - ,Street, 'City Project 88 -14, a hearing on said improvement in accordance with the notice duly given was duly held on September 26, 1988, and the council has heard all persons desiring to be, heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINN8SOTA as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood,construct roadway with concrete curb and gutter and associated improvements on Gervais Avenue, English Street -to Kennard Street, City Project 88 -14, as described in the notice of hearing thereof, and orders the same to be made. 2. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement, t TO FROM: SUBJECT: LOCATION: APPLICANT: OWNERS: PROJECT: DATE: MEMORANDUM City Manager Director of Community Development Plan Amendment and Rezoning 2829 -2847 White Bear Avenue GP —BAJR, Inc. Heinbuch /Tschida /Radatz Auto Service Mall' September 14, 1988 SUMMARY F -13 Aotion by Council:) F,ndorsod Modifio(I Rejecte Introduction The applicant is requesting the following approvals: 1. A plan amendment from LSC, limited service commercial to SC, service commercial for all three properties. 2. A rezoning from LBC, limited business commercial and BC(M), business commercial modified -to BC, business commercial. The purpose of the requests is to construct an 11,200— square —foot auto service mall. Background The three properties are zoned BC(M) and LBC, which are intended to be transitional zones between more intense commercial uses and low or medium density residential areas. It is designated in the comprehensive plan as a' limited service commercial center (LSC), which prohibits auto accessory stores, but allows,gasoline sales with no vehicle repair or maintenance. The proposed auto service center use is not compatible with either the existing or proposed zoning or the comprehensive plan. The city council initiated this rezoning after considering a code amendment that would allow auto service uses in BC(M) districts by conditional use permit. Required Findings City code requires the following findings for a rezoning: a. The proposed change is consistent with the spirit, purpose and intent of the zoning code. b. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. c. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. i d. The proposed change would have no negative effect upon the logical, efficient and economical.extensiun of public services and facilities such ae public water, sewers, police and fire protection and schools. . Recommendation 1. Approve the attached resolution on page 7, approving a plan amendment for 2829 -47 White Bear Avenue, from LSC to SC, on the basis that: a. White Bear Avenue is a heavily traveled street, which is conducive to service commercial uses. b. The property to the north is designated SC. C. The Radatz Avenue neighborhood would be buffered by the LBC zone to the west of the site. 2. Approve the resolution on page 8 rezoning 2829 -47 White Bear Avnue from LBC and BC(M) to BC, on the basis of the findings required by code. 8. Request that the county install a traffic light at White Bear Avenue and Radatz Avenue. N CITIZEN COMMENTS Of a,Rotal of 30 surveys mailed to owners of properties within 350 feet, 17 'were. returned with nine in favor of the request (three.are owners of tha'subject properties), five in opposition and three having no comment. Those in favor made the following comments. 1:.' Good commercial use of the property. 2. Continuity — already have Rapid Oil on adjacent property (include signals and turn lanes at Radatz and White Avenues). 3. Anything is better than another fast food. Maybe we will get a signal light with the added traffic that it will generate. 4. Better use of the land and also it will tie in well with the other businesses. Better tax base. 5. White Bear Avenue properties are logical commercial properties. 6. Better use of.land, more taxes. 7. It is about time that property owners south of Beam Avenue ran sell or develop their property to its best use. Taxes on my property in this last year have doubled with commercial property on three sides, I cannot see residential zoning as its best use. a. Need traffic lights at Radatz and White Bear. Those in opposition commented as follows: 1. It will effect the property values of residential property that I own in the area if rezoning occurs. 2. The area should stay residential. 3. Adequate services are currently available. 4. Inefficient and unesthetic use of prime commercial property on White Bear Avenue. This type of business could be better located on County Road D, where other auto services are located. It is not acceptable at this location to me, we do not want this primary thoroughfare (White Bear) to be lined with muffler and lube joints. They do not have a very good record of long —term esthetics. Look at others after they have been there for 5 -10 years. What do they look like now? We don't need that: 5. The area has too many of these types of business already and will not be able to support them all. This would result,in a closed business and a vacant building which would hurt the community image (comment from Burger King). 3 REFERENCE Site Description The'!;s'ubject property has 320 feet of frontage along White Bear Avenue and an 'average depth of 180 feet with a total acreage of approximately 1.3 acres. It is occupied by three single- family homes. Each lot has a scattering of coniferous and deciduous vegetation. All three parcels are high and dry and relatively flat except for a slight rise at the south end of the property at Radatz Avenue. Surrounding Land Use North: Rapid Oil Change., East across White Bear Avenue: A large older home and vacant land. Lands in the southeast quadrant of White Bear Avenue and Radatz Avenue: Single - family residential. South across Radatz Avenue: One single - family home and a driveway leading to the Executive Office Center. West: One developed single - family lot. - Past.Actions -Site and Area In June 1979, a request was made to rezone that part of the property presently zoned BC(M) and including the two northerly parcels of the subject property. The request was for rezoning from F, farm, to BC(M) and it was approved'. In July 1979, Mr. Ernest Radatz requested the rezoning of his property at 2829 White Bear Avenue plus the properties at 1905 through 1927 Radatz Avenue from F, farm, to BC<M >. That request was denied. Mr. Radatz requested reconsideration later that same month and the rezoning was once again unanimously denied by the City Council. One of the reasons for denial was that Mr. Radatz did not have a specific development proposed. In January 1984, the southwest corner of Beam and White Bear Avenues was the subject of a comprehensive plan amendment from LSC to SC and a rezoning from BC(M) to BC for Rapid Oil Change and Mr. Donut. Burger King had not yet committed to occupy the property but later followed. Both the comprehensive plan'amendment and rezoning were approved. Of significance in this case was the City's adherence to its comprehensive plan, whereas the prior LSC designation did not permit the Rapid Oil Change or Burger King uses. Approvals were granted primarily because "a buffer zone is not needed, since the property to the south is designated for LSC use." In February 1984, Mr. Radatz requested approval of rezoning from F, farm, to LBC for 1905 through 1927 Radatz Avenue and 2829 White Bear Avenue. The rezoning was approved and was consistent with the comprehensive plan designation. Existing Zoni The subject property is divided into two different zoning districts with the northerly two - thirds zoned BC(M) and the southerly one -third LBC. Lands to the north of the subject property are zoned BC while those to the west are zoned LBC. The property at the southwest corner of Radatz 4 and' Bear Avenues is zoned F, farm, but is surrounded by LBC. Those ea€erly of White Bear Avenue are zoned LBC and F, farm. '(See attached The Bcm district or business commercial (modified) is intended to serve as,an'orderiy transition between more intensive commercial uses and lower tormedium density residential areas. It specifically prohibits drive -in restaurants, car washes and public garages, all of which are akin to an alto` service center. To permit the proposed use by CUP will require a clear definition of an auto service center versus a public garage. Comprehensive Plan The subject property is guided for limited service commercial (LSC) which, according to the text, reads as follows: "The limited service commercial center classification refers to commercial facilities on a neighborhood scale. Heavy industrial uses, department stores, motels, auto accessory stores, etc., would be prohibited. Other land uses of a medium intensity nature such as gas sales with no vehicle repair or maintenance and with no more than two pumps.,on a single island to service up to four vehicles at one time, may be permitted subject to meeting certain performance standards as defined by the zoning code." Generally, the subject property is surrounded on the west and south by LSC guided properties and on the east, across White Bear Avenue, by RM or multi- family and LSC uses. The proponent's request is for a change in the City's comprehensive plan from LSC to SC. According to the comprehensive plah: "Service Commercial Centers (SC). This commercial classification is oriented to facilities which are local or community -wide scale. While a full range of commercial uses is permitted in this district, certain types of facilities which may be of a high- intensity nature, such as fast -food restaurants, discount sales outlets, gasoline stations, and light industrial uses should be permitted subject to specific performance guidelines. The objective of establishing this district is to provide for a wide variety of commercial uses, compatible with the character and development of the neighborhoods in which.they are located." This is a very broad commercial land use category that would clearly permit an automobile service center of the type proposed. The broader question is whether-the types of uses suggested by this classification are appropriate for the subject site and area which is a transitional zone ? , Traffic and Acce Average daily traffic volumes an White Bear Avenue approximated 22,000 in 1987. White Bear Avenue has four moving traffic lanes with a concrete median with median cuts only at Beam and Radatz Avenues. There are no ko opportunities for median cuts between those two streets. Proposal The proposal calls for a total of approximately 11,200 square feet of area anchored by a Car X Muffler Shop. Also proposed is a Jiffy Lube. Other'potent'ial occupants include: a tire, battery and accessory store; an auto parts store; a glass repair shop and similar uses. The proposal calls for 49 parking spaces. The Auto Care Center is not a significant generator of traffic, certainly not in the category of a gasoline station which has a relatively high turnover of short duration and accommodates numerous patrons during business hours. It will generate approximately six vehicle trip ends per serviced auto per day plus four trips per employee per average day. While we know very little about the operation of the facility, 50 serviced cars and 20 employees will generate between 400 and 500 vehicles trip ends per average day. It will have a tendency to peak during the a.m. and p.m. peak traffic hours. By way of comparison, a 20,000 square - foot general office building would generate approximately 350 vehicle trip ends per average day. There are two problems with the site plan. 49 parking spaces are proposed. Code requires 60. Code also requires a 20 -foot -wide green area along the west property line. The proposed green area ranges from five to fifteen feet. The building would have a relatively low profile and is reasonably attractive. Its biggest drawback is that it has doors on both sides of the building and those doors are almost always open during periods of summer operation. There is no way that the openings can be screened from the street or from future residential buildings on the east side of White Bear Avenue. kd Attachments 1. Land Use Plan 2. Property Line /Zoning Map 3. Site Plan 4. Letter - Applicant 5. Letter -Rapid Oil 6. Resolution -Plan Amendment 7. Resolution - Rezoning A Interchange Orinclpal art erial � ®■ISttr�■r Vadnals Heights RH -•--F ■ Co. R .0 ■ B W I ! i RB I _ . malor 1 ne% Interchange �w major raver ■e II oolUow „ 3 BW n r sc O t �r a �°' L R4 III R,l' I T oS \ Co td.IC ;, 11 I Igor rtelI I C ' r P C± its os I ()s _ flE — - - RH •oh J/ BW ;. R L P ' • I I ■. lS minor aoll yr = .. I —ti or LS CI ^ OHO G I�� 1 I, Rm McJor cotta a7va RL �� $ R�, pn star INN L111111 ■ a . ■r >.■■.■� H ph ay 3B I ^T he ga 1-i r t m W m c < M • m a o IE 3 HAZELWOOD LAND USE PLAN 7 Attachment 1 rlal 0 N /• .vcn ^- .. 612.1' 0/97; Co(l V6B•67 IZC A10. 79 C4 ,I IEO' .. • -. -J (65 F -_ - r 114 `l%' •• Ui••11 10 lop �) 140 .7 ,ya 9 ?. :4 .v •45[w 8 1BALr ✓ 60 O So I r �i•(� o ftl 1.0 AS _.2.G5 oc.. � g10 5 at y, y l 50 0 144 , '�i - 43i ' � � �I� •675 ac, 1.05 ac. .75ac. �•, ��" a (2 2.) I o t o N 6B � • ' 56 yr r, LB • $; is ° °... -•--•--• - --•-'--- y .,46 ae.- J ..SSae. H • .46 me. .9Lac• .70 at. 4 (59T (27) P.1 26-50 A o ° a0 LT. '1 170 52 160 52 • si 6!'N. 652.53' / + .65ac.1 •65ac.1 .69 1 1.0l ad. /070 ( So 54 150 4 (23) C 0 2 S4 � .4/w (I o0 090 070 i. • •FSx. y 50 �. So t1 �i 1 o' I 100 85' Poo J. 90 140' � too (- 62.5.2.',) , AVE ( -691.2 I ®® s1®® New ® M IN N 677 100' too loo' 12o' loo' 200' n ,824 V .46ac •46ac. N .,46 ae.- J ..SSae. H • .46 me. .9Lac• .70 at. 4 (59T (27) v I10 52 090 52 170 52 160 52 00 040 020 OIO S2 51 ( -89f2) arvHTE 0.o. ESnT. a.c. 70 >94r.Y 47L C• 36 i o r 10.94 c.e- 4D;00 (•1004.20) , 1 (9 2� 050 � [ B Q(.&C- ,�,,,/\ oU y c o 1 44se PROPERTY LINE / ZONING MAP 8 Attachment 2 110 2� g 6 s , d 100 t ♦4 •81 I CI 0 N 0 9 Attachment 3 Ax Y GP -BAJR, INC. 1100 INTERNATIONAL CENTRE 900 SECOND AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55402 -3397 TELEX 290569 FREDRIKSON MPS TELECOPIER (012) 347.7077 TELEPHONE $6121347-7004 June 3, 1988 Mr. Geoff Olson Director of Commercial Development City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Mr. Olson: This letter is intended to accompany the Application for Rezoning and the Application for Conditional Use Permit in connection with the property commonly known as 2819, 2839, and 2847 White Bear Avenue, Maplewcod, Minnesota. The intended use of the subject property is a retail service center for the service of automobiles. Potential occupants of the property could include a quick lube, a muffler store, a tires, battery and accessory store, a part store, a glass repair..'store, and similar uses. It is appropriate for the City to approve the Applications because the proposed development of the subject property will more nearly comply with the zoning of the subject property than does the present use, it is compatible with the adjoining uses, and it will „add to the City's tax base. I£ we can provide any additional information, please give me a call. Your consideration is appreciated. Yours very truly, GP —BAJR, I C. I By zrtin A. Bisb44, Jr. BAB:jb cc - Mr. Eugene E. Pedersen cc - Mr. Brent Krause 10 1 Attachment 4 July 5, 1988 . City of Maplewood Geoff Olson, AICP - Director of Community Development 1830 E. County Road B Maplewood, MN 55109., Re: Your Neighborhood Survey 2829 -2847 White Bear Avenue Dear Mr, Olson: In response to your letter of June 23, 1988, we strongly object to this proposal because adequate services are currently available. We bought, developed and are operating a ;Rapid Oil Change (Instant Oil Change) facility within one block of the proposed auto service center which is to include a quick oil change facility. Also other business similar to those to be offered by the auto service center are already located in the area. Further, we. feel, that the addition of the auto service center would have a negative impact on our business and other similar businesses currently servicing the area. A major reason for our locating the in Maplewood Mall area was the limited commercial zoning. So, we would ask that you not rezone this parcel for this use because existing zoning has been adequate to provide the needed auto service center type business. Thank you for the opportunity and consideration give to our comments on the application. S�ncer E. F. Flaherty President ..EF /cj CORPORATE OFFICE • 3041 41h AVENUE,SOUTH • MINNEAPOLIS. MN 55408 • 161 21 827-2541 DIVISION OF VALVOLINE OIL rQMPANV • DIVISION OF ASHLAND OIL. INC. Attachment 5 PLAN AMENDMENT RESOLUTION WHEREAS, GP -BAJR, Inc. initiated an amendment to the Maplewood Comprehensive Plan from LSC to SC for the following- described properties: 1. Ex W 1685 ft the 'S 100 ft of N 405 ft of part of SW 1/4 W of White Bear Ave 2. . Ex W 1685 ft the S 100 ft of N 505 ft of part of SW 1/4 W of White Bear Ave 3. Ex N 505 ft and ex W 1685 ft part of SW 1/4 N of Radatz•Ave and W of White Bear Ave All in Section 2, Township 29, Range 22 These properties are more commonly described as 2829 -47 White Bear Avenue. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on August 1, 1988, to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements: The planning commission recommended to the city council that said plan amendment be 2. The Maplewood City Council considered said plan amendment on September 26, 1988. The council considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment be approved on the basis of the following findings of fact: 1. White Bear Avenue is a heavily traveled street, which is conducive to service commercial uses. 2. The property to the north is designated SC'. 3. The Radatz Avenue neighborhood would be buffered by the LBC zone to the west of the site. Adopted this 26th day of September, 1988. Seconded by Ayes -- Attachment 6 12 Pursuant to due call and notice thereof, a regular meeting of the city council of the City of Maplewood, Minnesota, was duly called and held in the council chambers in said City on the 26th day of September,•1988, at 7 p.m. The following members were present: The following members were absent: WHEREAS, GP -BAJR, Inc. initiated a rezoning from LBC and BC(M) to BC for the following described property: 1. Ex W 1685 ft the S 100 ft of N 405 ft of part of SW 1/4 W of White Bear Ave 2. Ex. 1685 ft the S 100 ft of N 505 ft of part of SW 1/4 W of White Bear Ave 3. Ex N 505 ft and ex W 1685 ft part of SW 114 N of Radatz Ave and W of White Bear Ave All in Section 2, Township 29, Range 22 These properties are more commonly described as 2829 -47 White Bear Avenue. 'WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was reviewed by the Maplewood Planning Commission on August 1 and'September 19, 1988. The Planning Commission recommended to the city council that said rezoning be 2. The Maplewood City Council held a public hearing on September 26, 1988, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the city staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure of detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area 13 Attachment 7 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. Adopted this 26th day of September, 1988. Seconded by Ayes -- STATE OF MINNESOTA > COUNTY OF RAMSEY > CITY OF MAPLEWOOD > I, the undersigned, being the duly qualified and appointed Clerk of the City of Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the 26th day of September, 1988, with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to a rezoning. Witness my hand as such Clerk and the corporate seal of the City this day of 1988. City Clerk City of Maplewood, Minnesota 14 Attachment 7 Planning Commission . -2- Minutes 8 -1 -88 Gene Peterson, a of the owners o the proposed auto service center, 12910. Ham ice Avenue, Ap a Valley, spoke about his background and. expe l fence with uto service centers. Mr. Peterson presented a esign / 5ghcept of the proposed auto service center. Two people spoke in favor f the proposed auto service center project. Commissioner Cardinal moved the anning commission recommend denial of the ordin ce amending t BC(M) zoning district to allow an auto service center as a con 'tional use. Commissioner tear ett seconded A,yas-- Axdahl, Barrett, i Cardinal, Dempsey, Larson, Sigmundik, Sl etten B. 2829 -47 White Hear Avenue Plan Amendment Rezoning Conditional Use Permit Secretary Olson presented the staff report. Bill' Sievers, a resident of Maplewood and the contractor for this project, spoke concerning the high - quality of construction of the proposed building for this project. Commissioner Larson moved the planning commission recommend: 1. Denial of the plan amendment from LSC to SC on the basis that; r a. Past rezonings in this area have supported the limited:service commercial designation south of Beam Avenue. b. The reclassification to SC will establish a precedent for like requests on the east side of White Bear Avenue and the southwest corner of Radatz and White Bear Avenues. The property on the east side of White Bear Avenue is planned ' for RM, residential medium density and LSC. The southwest corner of Radatz and White Bear Avenues is planned LSC. c. `the SC designation would make it difficult to deny a rezoning to BC, business commercial. This zoning would allow the kind of commercial land rises (drive -in restaurants, gasoline stations and vehicle repair and y• Planning Commission -3- ' Minutes S -1 -SS maintenance facilities) that are not compatible with the neighborhood. d The SC classification is not consistent with the neighborhood and the transition that is required to protp.ct present and future comprehensive plan designated residential areas. e. No,evidence has been presented to justify a change. 2. Take no action on the rezoning from LBO to BC(M) and the conditional use permit, on the basis that the code amendment for the auto service mall is recommended for denial. The rezoning, however, may be ,justified for a different use. If council decides to approve this request, staff recommends tabling to allow staff to prepare the proper resolutions. Commissioner Cardinal seconded Ayes-- Axdahl, Barrett, Cardinal, Liempsey, Larson, Sigmundik, Sletten Vi. VISITOR RESENTATIONS VII. COMMUNICAT ONS VIII. NEW.BUSINESS A. Conditiona Use Permit: 1055 Hig ay 36 (Hermanson Dental Lab) The staff report wa presented t the commission. ' Dan O'Brien, 6115 Cahi I Ave te, the architect for the project, said the addition woul to c exactly the'same as the building and `the'use, would remain he same. Commissioner Cardinal oved the planning commission recommend adoption of the res ution a roving a conditional use permit for an indefinite erm for the roposed dental laboratory addition at 1055 ast Highway 3 Approval is based on the findings requir d by code and sub'ect to adherence to the site plan date=stayif3ed July 12, 19eB, unless a change is approved by the City's mmun'ity Design Review Board. Commiss' ner Sletten seconded Ayes-- Axdahl, Barrett, Cardinal, Dempsey, Larson, Sigmund0 -" Sletten 6 - 1 Action by Counoll: MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: OWNER: PROJECT: DATE: City Manager Thomas Ekstrand, Associate Planner Conditional Use Permit Termination Maplewood Mall Sbarro, The Italian Eatery Corporate Property Investors Sbarro's Game Room September 1, 1988 SUMMARY Introduction Endorsed---.– Modifi ed_..T — Rejected._ - Dateo _._,_,—,._..r The applicant no longer desires continuance of the conditional use permit for a video game room, which was previously operated in conjunction with this restaurant. The game room has recently been converted to a dining area. Background On September 27, 1982, council granted a CUP for the Sbarro's game room. On September 12, 1983, council renewed the CUP for five years. Ordinance Requirement Section 36 7442 (f> The council may, upon review, terminate the permit if the approved conditions may have been violated or the use is no longer in effect. Recommendation Termination of the conditional use permit for a game room at Sbarro, The Italian Eatery Restaurant at the Maplewood Mall. jl AGENDA.ITEM - AGENDA REPORT Action by Council: T0: City Manager Endorse PROM: City Engineer Modifie SUBJECT: Driveway Variance- -1377 Belmont Rejecte DATE: August 17, 1988 Date Mr. Welter, owner of 1377 E. Belmont, has requested a variance from the five -foot driveway setback required by city code. A copy of the code addressing the setback requirement is attached. The city council must consider seven items regarding the variance. 1. Snow Storage: ' Referring to the attached sketch submitted by Mr. Welter, there is only 10 feet between the house and the property lines on both sides of his house. This would indicate no snow storage area is available unless the snow is hauled either to the front or back yard. 2. Proximity of the Drive to an Adjacent House: The home - to the west is sufficiently far away to not be a problem. However, the home on the east is only the minimum setback from the property line. 3. Difference in Garage Elevations: This does not appear to be a problem. 4. Drainage: This could be a potential problem given the proximity of the home to the east. Headlight Gl are: This could be a problem due to the proposed curve in the driveway directing headlights at the home to the east'.. 6. Noise: This could also be a problem due to the proximity of the easterly home. 7. Berm : There is no room to construct a berm to mitigate the associated problems. The majority of the considerations are not positive, no recommendation for a variance can be made. If the council is inclined to consider granting a variance, �should tabled to the next meeting so legal notice to-the adjacent properties. jr Attachment therefore a city the item can be sent � � July 13, 1988 Depairtment of Public Works City of Maplewood 1830 E-- County Road B Maplewood, Mn 55109 Re: Maplewood Code Sec- 29 -120. Location Dear Sirs; My name is James L- Welter, my address is Belmont Ave. East, Mn 55109- v U The reason I am writing this letter is to obtain approval of a driveway with less than 5 foot of setback from the East or West side of my dwelling. There is ten feet of space from the house to the neighbors property line on both ends of my home- The reason for the request, is that we have our house up for sale and the prospective buyers have a need to get into the i bac�,' yard to build a garage if they so wish- It is very doubtful the house will sell without excess to the backyard as there is no garage available at present. Thank you very kindly. Truly Yours - 77 7 - 33 SO ames L- Welter 429.119 MAPLEWOOD CODE See. 29 -119. Driveway angle. Driveway angle "Y" shall not be lees than sixty (60) degrees where two -way vehicular traffic is anticipated. Angles between sixty (60) degrees and forty-five (45) degrees are acceptable for one -way vehicular traffic where no pedestrian conflict exists. (Ord. No. 302, 12:2 -n) Sec. ,29 -120. Location, Driveways shall have a "setback of at least five (5) feet from the side or rear lot lines, except by written agreement with the owner of the adjacent lot or where the city council or community design review board approves a lesser setback. In order to approve a driveway within the five -foot setback without approval of the adjacent owner, the city shall notify the adjacent owner at least ton (10) days before the meeting. The council must make a find- ing that the drive would have no adverse effect on the adjacent lot or owner. The council shall include tlio following considera- tions in,determining adverse effect: ` (a) Snow storage. (b) Proximity of the drive to an adjacent house. (c) Difference in grade elevations. (d) Drainage. (e) Headlight glare. (f) Noise. (g) Berms. (Code 1965, § 501.030; Ord. No. 322, § 1, 6.22 -72; Ord. No. 572, § .1, 9.24.84) Sec. 29 -121. Permanent, etc., surfacing of portion of driveway on public right -of -way. ; Prior to the placing of any surfacing material of a permanent or. J l semipermanent nature on that portion of any driveway lying be- tween the edge of the traveled road or street and the property line of the property being served by said driveway, the owner or builder Supp, No. 8 1788 `(� Cow ✓7�y F-od o/ psi d q s 0 9 AGENDA 'ITEM --,/ AGENDA REPORT Action by Council; Po. City.Manager Endorsed FROM. Assistant City Engineer Modified SUBJECT: '.Southlawn Avenue, Project 85 -17- -Award of Dids DATE. September 19, 1988 Rejected— DATE.!. Date_` Dids for the subject project were received on September 16, 1988. A letter and tabulation of bids by the project engineer is enclosed.' As'ho'ted in the letter; award of bids is to be made contingent on final approval by MnDOT to obtain MSA funding. Furthermore, the award should also be contingent on completion of right -of -way negotiations. '.A resolution for award of bids is attached. Attachments RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE.CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid Danner, Inc. in the amount of $442,947.02 is the 1owest,responsi.ble',bid for!the construction of SouthlAwn Avenue, `Beam Avenue to County; Road D ;City•Project 85 -17, and the mayor and clerk are hereby authorized and directed to enter into a contract, after final MSA plan approval and completion of right - of-way /easement acquisition, with said bidder for and on behalf of the city. . ,A EN ENGINEERS O'ARCHITECTS (PLANNERS September 19, 1988 Mr. Bruce Irish Assistant City Engineer City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Dear Mr. Irish: RE: MAPLEWOOD, MINNESOTA UTILITY AND STREET IMPROVEMENTS ON SOUTHLAWN AVENUE, S.A.P. 138 - 117 -01 AND FURNESS PKWY. CITY PROJECT NO. 85 -17 SEH PROJECT NO. 88082 Enclosed is the tabulation of bids for the above referenced project. ranging from a high of $529,415.10 Engineer's estimate was $497,500. of Inver Grove Heights, Minnesota. the City before and has done accep received on September 16, 1988 Five bids were submitted to a low of $442,947.02. The The low bidder was Danner Inc. Danner Inc. has worked for table work. This is a Municipal State Aid Project and therefore needs Mn /DOT State Aid approval before the project can be awarded. The District State Aid office indicated that the plan review is being conducted and will take approximately two weeks. Also, they indicated that it is not uncommon for cities to award the project contingent upon Mn /DOT approval. The contracts could be signed the day approval is granted as opposed to waiting until the next council meeting. Therefore, we recommend that the contract be awarded to the low bidder, Danner Inc. in the amount of $442,947.02, contingent upon approval of the plans by Mn /DOT... Sincerely, /Kenneth R sje Enclosure SHORT ELLIOTT HENDRICKSON INC. 222 EAST LITTLE CANADA ROAD ST. PAU4 MINNCSOTASS117 6124840272 ST. PAU4 MINNESOTA Meister, P.E. CHIPPE WA FALLS, WISCONSIN a a a J C R R J • F H w a J d d X J a a U w d 0 7 2 R 0. J N N H 0 X ^ S a . W h H Z W 4 ry � X O i a a K J a Y R m m u i > tl R x N N 0 K K 6 0. 0 m tl > 4 „ d S 2 i N N O O m T H J a Y d S O H m m d R R a U m U > 7 H R m m u m 2 D d 0 Q K m R O> R D a m F m a d a > D U E L tl R O tl W m V m w R a a 0 J R 0 O tl tl W O E m 'd' Y 0 0> i 0 i m d W , 0 O O .. U w. 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N N P V H n m f T N T T N N n O T n H N N N •'� m Y P i H N 4 Y m W O O O O O O O N O O N O O O O O o 0 0 ti N 0 i Y O O O i H U O O •y N N N N V H O O O N O N O O O N H C X Y n N T m T N N O N T! g M N T m V N f N N O m N H M n m O O O N O W O m m n a a w Y w w K H >. N N d Y X o m K x u m o u a R F o H m Y d d N Z O a 7 � N N H R X tl a Z A w Y m H H J a O H„ F U Y O Y O U Ri Y m U H N J U O A Ri tl L Z i ^� H D M d d H H H %% H m X 0 0 d I O Y tl L i Y d a O Q h Z% D d 0 O O A m I L O O m% d i N U L i Q Y K A U a H' F Y Z - •- a T j a K N 6 R Q K H L Ifs J m m H O I Z� i U O L Z d m tl m Y O 0 tl W d b' W U U o. d H I Z IL' H U W tl m H 0 0 0 0 Y O H H H J LJ a 6 Y% m L m H% M1 W V V Y H% Q M H Y H H H N N H P N N N N m m m m m ' L Y •� f 0 0 0 0 0 0 0 0 0 0 0 H 0 0 0 0 0 0 0 0 0 N N N Y V Y Y! N N N N N b m b m•'D b b b b H H m 0 0 0 0 N N N N .N m V! Y' !! •! V N W H rI n n n P P P P P n n n n n b N m m b b V b n • H N N N N N N N N N N N N N N N N N N N N N N N N N 0 0 0 0 0 N ry ry N N 0 0 0 0 0 0 0 0 0 1 1 . : Aotluu by Council:. ` Eu0nrood_^.-~~�-_ Modified-~--_.~~ MEMORANDUM D*joutad~~.~_~�~ TO: City Manager FROM: Randy Johnson, Associate Planner SUBJECT: Side Lot Line Orientation Variation and Final Plat LOCATION: Duluth Street, South of Hilltop Court APPLICANT/OWNER: Goff Homes, Inc. PROJECT: Goff's Mapleview 3rd Addition DATE: August 16, 1988 SUMMARY 1 " The applicant is requesting a variation from the platting code to permit ''dog-legged" rather than perpendicular street side property lines" 2 He is also requesting final plat approval for 22 double dwelling lots " l t (11 double-dwelling structures), assAnuuM The only noteworthy change from the approved preliminary plat (page 5) is the proposed "dog-legged", side property lines for Lots 14 22 When the preliminary plat was proposed, zne,z were o s - " t All-night security lighting a r dealerships to the west. ° no ca - f lif concern. The � dealerships presents a quality~o � e c ^ these dealerships now prese . �^� _� ese ��-- � � and ^'' dealerships ��` allow buildings to be reoriented v n ed lot lines a ow proposed '' ~- buildings would otherwise shine -- �� t f light that wou o e thereby, reduce the amount o '" (Refer the - d other living areas nn� �, .0 directly into bedroom an o " � � letter on page 6") Generally, side property lines such as these should ld be " They can lead to property line disputes ano stalled" in to aesthetic problems if fences or landscaping are because These possibilities are not a concern, in this case, these properties will be part of a homeowners/ association. O ne of the covenants that will run with the property will i the front yard areas. prohibit fences n e In this case, the desire to reduce or eliminate the nuisance of the security The lighting from the auto dealerships should be acknowledged. benefits will outweigh any inconveniences that may be imposed by the irregular lot lines. Recommendation 1° Approve a variation from the platting code to permit Lots 14~22 Goff's Mapleview 3rd Addition, to have "dog-legged", side property lines on the basis that: a° These irregularly-oriented property lines would not adversely effect the land use plan or the spirit of the platting code because: (1) The properties will be part of a homeowners/ association. The association covenants will not permit front yard fences" (2) The proposed lines will not pose any public works or public safety problems, b. The quality of life for the future homeowners will be enhanced because the glare from the nearby security lighting will be reduced. 2. Approve Goff's Mapleview 3rd Addition final plat (plat map dated 7-28-88). REFERENCE Past Actions 8-7-B0: Council approved Goff's Mapleview Addition planned unit development and preliminary plat, subject to: 1^ Approval of final grading and drainage plans. 2. Dedication of right~of-way and sewer easements for the frontage road along with the first phase of development. 3. Designation of the property lying south of the drainage easement line as an outlot and deeding it to the city, (An easement was substituted for the outlot at the request of the city.) 4° Submitting a developer's agreement for a trail to connect the proposed southerly cul-de-sac with the property to the east. (Dropped) 11~20-80, 2-19-81, 9~17-81: Council approved 90-day time extensions subject to the original conditions for the preliminary plat, less the three lots fronting on County Road C, which had received final plat approval on 11-20^80. 9~^13~82: Council approved a one-year time extension for the preliminary plat, except the three lots fronting on County Road C. � 9-26-83; The Parks Commission recommended that a mini-park should not be located within the proposed development. time extension for Phase 10 10_83: Council approved a one-year M l view Addition - t nsion for Goff/s ap e I� and a five~Year time e: e lII and IV of the preliminary -^ it development and Phases planned u» e on the basis that: plat, by the same name, ` f the Highway 61 Frontage Road is in 1 The construction o id access to the southern " Frontage Road will provide progress. The ron / � portion of the applicant's site- 2. The applicant has made a good faith effort to develop the site in a timely manner. 12-12-83; Council approved the Goff/s Mapleview 2nd Addition lli structures and vvu large double-dwelling - final plat for seven ''^ structures lots (Phases III and IV) to be develope d a t a later date" 1 Section 3O-^8 (f) (5) states "side lines Of lots shall be street lines, substantially at right angles or radial to the ti 30 11 states that "the council ifi 2 Section il may approve - in spec c " `^ ~' - t of this chapter ^.^ - iations from the requirements f-�t �he plan and variations which in its opinion, do not adversely affect t cases , , spirit of this chapter j a tt ac ymenim. Location 1" L tion Map 2" Preliminary Plat and 3" Applicant's letter 4, Final Plat (8 1/2 x 5" Final Plat (separate PUD 11) attachment) F � R1 (BC R3 MI R I F M 6c R CITY OF MI ' MI 1531 Rs 4 R ` p� � V F o x —T f R C"Tr R R3 ,yp R2 I F FT R R R R F I F R R2 Reo� II F F Y F R G�' ,\:�••• 1 I ©r, lac �� YI t R R •` k o' —I CO I \, F MI y R i R v MI MI R M 1 f'r MI ®® TI11NN wsr M I e.. C' M I R - 3c R i a Al t _ F V % • c� 0 PUDR ( sxu IR2) RE W F.'' : rc R3 ry R F I R F . R2 LOCATION MAP " 0 N 4 Attachment 1 Phase IV, (Future),. �� _ -1. I PHASE I r �'' (Completed) / / + NtLton S RI VF ' PHASE I I (Completed) �I PHASE III �• — �1 `• � I PROPOSED , �tR • Goff's Maplev,iew Audition PUD and Preliminary Plat 4 5 Attachment 2 GOFF HOMES, INC. 1959 $LOAN PLACE MAPLEWOOD, MINNESOTA 55117 (612)771 -1364 yEH -V2y9 July 26, 1988 City of Maplewood 1902 East County Road B Maplewood, Minnesota 55109 Re: Goff's Mapleview 3rd Addition. Edgehill Court To Whom It May Concern: When Edgehill. Court was originally drawn the Nissan and Mitsubishi automobile dealerships were not built. Because the sewer trunk line is already installed and the alignment of the cul de sac has been established we find it necessary to align the dwelling in a north and south fashion so as not to have the lights from the dealships shining in the windows of the proposed homes. Keeping with the ordinance pertaining to perpendicular property lines of the street and to satisfy the above mentioned, we found it necessary to align the seven lots which are lots 16 through 22 as shown on the drawing. I sincerely hope this new proposal. meets Thank you for your time and consideration matter. Sincerely, Bruce J. Iger Goff Homes, Inc. cc: Patrick W. Goff with your approval. regarding this 6 Attachment 3 I W. CE S'' • °� .:(° n I ti t OB �: ' °'� �: " °% a � •^ / \ z pz°'. _N 21 .21. I 10 .". 4 W/ `�� ` .` 2` WEST IOS00 F i '\ ! v\ • ` i / i" / / 102 ) _ 6 i .5 la ' r A ° � oo � a zlrr a O� t. e_et x � {� ti� 10 .s zYR sMC/��au,W C : ,Y ° ° : ° �� .'S a "e 0 '�•' e, +� 1n y . LL \ ° e a• JB' 4 !o° n "• V \11 pff L 21 '$"Ox. {ih "D n l 120 9 r, 2Op p � ; �• I . "+ I`•j I� i L= n+.•:+'e f•y', I °.�e. ea• J m :1. a ° V I r'• I9 »'J" I I • 'n 1 16 _ I 1 gey\e° e° rn k /e. I zlee r J W ae - q e I I 17 �' I i " \@ W e +» f1 "ip C \ °z t• , "ed•ai o' ° Ja I - i + �_Tk31 c \ a 12 .0 a. I I W I 16 T m n '. 14 g \ Lo � J N T . I r. ye A N p A - - -N SS• 56 10 "E 53935 - -- S. LINE OF LOT 0. SLOCK 1, GOFF'S MA°LEVIEW 2ND ADDITION Final Plat (Phase III) 7 Attachment 4 U N MEMORANDUM TO: FROM: SUBJECT: APPLICANT: DATE: Introd City Manager Director of Community Development Code Amendment - Setbacks to Residential Norman Brody August 1, 19BB /-/ -) l,caion by Council:, i7:;dos^ scd Modified. Rt !JoGtedw Zone Hate— The applicant is requesting that two subsections of city code be amended: 1. Subsection 36 -153 (3) requires an increased setback from residentially -zoned land. 2. Subsection 36 -27 (a) requires a 24 -foot wide landscaped area adjacent to residentially -zoned land. The applicant is requesting that these residentially -zoned land is being used Specifically, the applicant's site has east and north. A railroad is on the plant is on the north. (Refer to the Background subsections be waived where the for a nonresidential use. residentially -zoned land on the east and the St.Paul water works applicant's letter on page 3.) 4- 26 -SS: The community design review board approved the Crown Plaza Shopping Center, at Rice Street and Larpenteur Avenue, subject to a variance or code amendment for the setbacl::s on the north and east. Di The proposed amendment would not effect the intent of the ordinance, which is to protect property that is used or planned for residential. Each of the commercial, manufacturing and multiple- dwelling residential districts has been amended in the attached ordinance. In addition to the changes requested by the applicant, the following changes have been made to the ordinance: 1. The 20- foot -wide landscaped yard on nonresidential land would only apply where it abuts residentially -zoned land, rather than being within 200 feet. 2. The previous amendment, approved on May 23, allowing building additions to encroach into setbacks by conditional use permit has been added to the R -3 (multiple- dwelling), NC (neighborhood commercial) and LBC (limited business commercial) districts. Apparently, these districts were overlooked in the previous amendment. Recommendat (at least f vot are required for approval) Adopt the attached ordinance. mb Attachments: 1. Letter and maps 2. Ordinance 2 f;.1f BRODY ASSOCIATES REAL ESTATE DEVELOPMENT DESIGN BUILD FINANCE MANAGEMENT LEASING 2233 NORTH HAMUNE AVENUE. SUITE 220 ST. PAUL. MINNESOTA $5113 June 1, 1988 Mr. Tom Ekstrand City of Maplewood 1830 E. County Road B Maplewood, MN 55109 RE: Crown Plaza Shopping Center Request for Code Amendments Dear Tom: 6.0 G. '88 TELEPHONE 61216364466 This letter is intended to serve as our formal application for amendments to the Maplewood City Code Section 36 -153 (3), Setback from Property Zoned Residential and Section 36 -27 (a), Landscaping and Screening The specific reasons for each Code amendment are listed below. We are requesting the Code be amended to take into account the particular circumstances of this situation, and that the proposed plans, dated March 7, 1988, be approved in this regard. A. Section 36 -153 (3) Setback from Property Zoned Residential Code requires that a structure in a business commercial district have a minimum side and rear yard setback of fifty (50) feet from adjacent residentially zoned property. Presumably, the intent of this requirement is to protect the integrity of nearby residential areas for both aesthetic and safety concerns. In this instance, the proposed plans (dated March 7, 1988) provide that a portion of the northeast corner of the main retail building, and the north building in the auto mart be located slightly less than 50 feet away from the adjacent residentially zoned property to the east and north. However, the property to the east, although. zoned residential, is actually a railroad line owned by the Minneapolis and St. Paul Railway Co. The property to the north is owned by the City of St. Paul for a water works facility. Under these circumstances, the fact that a building is located slightly closer than 50 feet to the property will not compromise the aesthetics or safety concerns of any residential area. In fact, due to the existence of the railroad and the water works, the closest actual residence is much more than 50 feet from the proposed building. Attachinent T. Mr. Tom Ekstrand Page 2 June 1, 1988 Due to the circumstances outlined above, we hereby respectfully request that the Code be amended to provide that building setbacks of less than 50 feet be allowed where adjacent residentially zoned property is not actually being used for residential purposes. Specifically, we request that the proposed plans, with the building setbacks as shown, be approved. B. Section 36 -27 (a) Landscaping and Screening Code requires that a landscaped area of not less than 20 feet in width shall be provided where a non - residential use would be within 200 feet of a residentially zoned property. The presumable intent of this Section of the Code is also related to aesthetic and safety concerns. In this particular instance, the proposed plans provide for parking lot setbacks of less than 20 feet in areas along the east and north lot lines. The same arguments for a Code amendment made in paragraph A, above, would apply to this situation. The land to the east, while zoned residential, is actually railroad property and contains no residences. Similarly, the land to the north, while zoned residential, is actually owned and used by the City of St. Paul for a water works, and contains no housing whatsoever. It is not likely that the property to the east or north will be used for residential purposes in the foreseeable future. Based on these circumstances, we respectfully request that the Code be amended to require less than a 20 -foot landscape and screening requirement in cases such as this, and that the plans be approved as proposed. In addition, we also respectfully request that in conjunction with the code amendment, that the need to make a separate application for a conditional use permit be waived. Thank you for your consideration of this matter. si cerely, BR DY ASSOCIATES, INC By I 1 --- -4 Norman M. 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CA T C) w 0 co 0,0 I_ �� � OO I - -1 r 1 u.a , N oA 11 M G) o� W N : 1 I Ir N : ORDINANCE NO. AN ORDINANCE AMENDING THE REQUIREMENTS FOR SETBACKS TO RESIDENTIALLY -ZONED LAND THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS (Additions are underlined and deletions are crossed out): Section 1. Subsection 36 -27 (a) under landscaping and screening, is amended as follows: (a) A landscaped area of not less than twenty (20) feet in width shall be provided where: (1) A nonresidential use ab uts wn,jrj hm , i *hjp }- ^ h .,,a c2nni -coot ^t a residentially -zoned property. (2) A multiple dwelling abuts property zoned for single or double dwellings. The requirements of this subsection s hall -- not appP._ the residentially -zoned oro is being used or i designated o the c ity's land use plan for a nonres us Section 2. Subsection 36 -119 (g), under the R- 3,multiple district, is amended as follows: (g) Setbacks increased. (1) The minimum front, side and rear yard setbacks for an R -3A multiple dwelling shall be increased, not to exceed seventy -five (75) feet, by the most restrictive of the following requirements, where the lot abuts a farm residence, residential estate, single dwelling, or double - dwelling zoning district: 444 e_. building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. 4:�) b. Exterior wall area: Where an exterior wall faces residentially -zoned property, the setback of the wall shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. (2) A building a whic wo uld e into a regiire setback maY_be approv by c use permit, if su encroachment would be consistent with s pr s etbacks and screened in a manner accep table . to the co design review board. At least 80 of the addition shall b screened from abutting residential property - 8 Attachment 2 (3) The requi rements o f th subsec shall no app where th reside zone prop is being u sed o r is designat on th city's l and use pla for a nonresidential use Section 3. Subsection 36 -130 (d), under the NC, neighborhood commercial district, is amended as follows: (d) Building setbacks. (1) The minimum building setback from a right -of -way shall be thirty (30) feet and twenty (20) feet from side and rear property lines. (2) Where a setback is from residentially -zoned property, the minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: a. Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. b. Exterior wall area: Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. (3) A build addition which woul encroach into a r setba may b appro_v_ed by conditional use p ermi t, if su encroachment wou be consistent w ith surround p r ope rt . v setba and scree in a ma nner acceptabl to the community rev iew board. At leas 80% of the addi tion shall be screen from abutt re ro erty _ (4) The requirement o thi subsection shall np nonr use. Section 4. Section 36 -140 (f) (1), under the CO, commercial office district, is amended as follows: (1) Adjacent to residentially -zoned property: a. A building shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet subject to the most restrictive of the following requirements: 2 _a— 1. Building height. The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25 feet in height. 4)3 2. Exterior wall area: Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. b. A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board. At least 807 of the addition shall be screened from abutting residential property. c. for a nonresidential use Section 5. Subsection 36 -153 (3), under the BC, business commercial district, is amended as follows: (3) Setback from property zoned residential: a The building shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: (a) (1) Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. 46) (2) Exterior wall area: Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2 square feet. b. A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board. At least 80% of the addition shall be screened from abutting residential property. k[s] IY �� C. The requi of this subsectio shall not apply where the residential prop is being used or i designated on t he ci tes land use plan f or z nonre us Section 6. Subsection 36 -154 (b), under the LBC, limited business commercial district, is amended as follows: (b) Setback: from property zoned residential. (1) The building shall have minimum side and rear yard setbacks of twenty (20) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: f-H a_ Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. 4+)- b Exterior wall area: Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. (2) A building a ddition which wo uld encroa into a r (3) Section 7. Section 36 -155 (f), under the BC (M), business commercial (Modified) district, is amended as follows: (f) Setback from property zoned residential: (1) The building shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: 11 setbacks and screened in a manner acceptable to th communi d esign review board. At least So. of th addi shall be screened from abutting reside property. Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. 421 b. Exterior wail area: Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (1 square feet, or part thereof, in excess of two thousand (2 square feet. (2) A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board. At least 807 of the addition shall be screened from abutting residential property. (3) Section S. Section 36 -172 (6) (c), under the SC, shopping center district, is amended as follows: (c) Where adjacent to a property zoned residential, buildings shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: 1. Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. 2. Exterior wall area: Where an exterior wall faces a residentially -zoned property, the wall setbacks shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2 square feet. (d) A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board. At least 80% of the addition shall be screened from abutting residential property. (e) The requirements of this subsection shall not ap wh th resi dentially -zoned property is be ing used or is d o 12 nonresidential use. Section 9. Section 36 -189 (M -1 light manufacturing district) is amended as follows: Section 36 -189. Setbacks adjacent to residentially -zoned property. (a) The minimum side and rear yard setbacks shall be fifty (50) feet and the minimum front yard setback shall be thirty (30) f eet . These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: (1) Building height. The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. (2) Exterior wall area. Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) Square feet, or part thereof, in excess of two thousand (2,000) square feet. (b) A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board. At least BOX of the addition shall be screened from abutting residential property. (c) The r�u of this subsection shall not apples 2hgr the residentially -zoned property is being used or is designated o the city's land use plan for a nonresidential use. Section 10. Section 36 -204 (11-2, heavy manufacturing district) is amended as follows: Section 36 -204. Setbacks adjacent to residentially -zoned property. (a) The minimum side and rear yard setbacks shall be fifty (50) feet and the minimum front yard setback shall be thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: (1) Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. (2) Exterior wall area: Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) 13 square feet, or part thereof, in excess of two thousand (2 1 000) square feet. (b A building addition which would encroach into a required setback may be approved by conditional use permit, it such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board. At least 80% of the addition shall be screened from abutting residential property. (c) The re of this subsection shall not apply whe the reside --zoned roperty is being used or is desi of Section 11. This ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council this day of , 1988. Attest Mayor City Clerk Ayes-- Nays-- 14 C Planning Commission Minutes a -I5 -ee VI. VISITOR PRESENTATIONS VII. COMMUNICATIONS VIII. NEW BUSINESS S- z -2- A. Code Amendment: Setback to Residential Zones Commissioner Larson moved the planning commission adopt the ordinance amending the setbacks to residential zones. Commissioner Ayers seconded Ayes -- Ayers, Barrett, Cardinal, Dempsey, Fiola, Fischer, Larson, Sigmundik., S1 etten B. Home Occupation License: 2922 Chippewa,Avenue Randall Vohnson, Associate Planner, presen d the staff report. Bryan Don\l.ly, the applicant, was prese t at the meeting. Commissioner 1.etten moved the planni commission approve a home occupation',license to operate a eating, air conditioning and refrigeratiorr.repair dispatchin business as a home occupation at 2922.Chippewa AvenUEV. Approval is subject to the following conditions: / 1. Compliance with Section 17-21 (b) of city code. 2. This license shall exp;'� after one year. The city council may renew the license if all ordinances have been complied with. The city council may also add additional conditions at that time./ Commissioner Cardinal seconded'. Ayes -- Ayers, Barrett, / ` Cardinal, Dempsey, Fiola, Fischer, Larson, \ Sigmundik, Sletten C. Vari/the 34 N. McKnight Rd. (H yes) Secretary resented the staff repo Marty Hayapplicant for the variance o construct a 1,232 -squ garage on a 21,730- 5quare -f t lot, was present a eting. The commissioners discussed the city code concerning lot sizes required for garages. 0 RAMSEYCOUNTY egional ailroad Authority Room 316 Courthouse 15 W. Kellogg Blvd. St. Paul, MN 55102 Phone 298 - September 6, 1988 Mr: Michael A. McGuire, City Manager City of Maplewood 1830 East County Road A Maplewood, MinneS0 55109 Dear Mr. Dire: John T. Finley, Chairman Dishlct3 Diane Ahrens District 4 J I Ruby Hunt ` District S Duane W. McCarty District 1 Action by Council: Hal Norgard District 7 Donald E. Salverda Endorsed—__.... District Modified_ Warren W.Schaber ict 6 Rejecte D a t e —....,,,,., �, Thank you for your letter of August 30, 1988 nominating Geoff Olson, Community Development Director, to serve on the Northeast Corridor Task Force. We agree that Mr. Olson's knowledge of the corridor as well as his professional background will benefit Ramsey County Regional Railroad Authority's (RCRRA) study. Mr. Olson has been a valuable member of the Technical Advisory Committee formed in April by the RCRRA on this topic. We recently adopted a Community Participation Program and a copy of it is enclosed. Page 7 of the study includes a recommendation that: Technical staff should participate on the Technical Advisory Committees of Regional Railroad Authority projects, rather than on its Citizens Advisory Committee or Corridor Task Force. Therefore, we request that the City of Maplewood reconsider nominating two representatives to the Corridor Task Force. We would prefer that Mr. Olson's involvement continue on the Technical Advisory Committee, rather than on the Corridor Task Force, in view of his technical expertise. We look forward to Maplewood's participation on the study t^) uiyy yours, John T. Finley, Chairman Ramsey County Regional Railroad Authority JTF /gb Enclosure cc: Commissioner Hal Norgard T AGENDA ITEM MEMORANDUM Action by omnnml\t Dodnrnn` TO: City Mana9er Mnd1fioa-_~~=� FROM: City Engineer Rajootod.~~.�°w� SUBJECT: T.H. 61 Frontage Road North of County Road C~- D&to Petition, DATE: September 20, 1988 Attached are petitdon forms from several property owners along the east T.H. 61 frontage road north of County Road C. The petition requests relocating the road east of its present location to be consistent with city plans" The petitioning properties represent more than 35% of the frontage. This project would have a positive safety effect on the intersection by providing a greater separation between T.H. 61 and the frontage road" Funding for the improvement would be shared by the city and MnDOT through a cooperative agreement. It is recommended the city council order a feasibility for the project and establish a project budget of $5000. jw Attachments �•1a f / � too 010 �p �n ( ry h.l4dc. CO. 9 0 _._.- '� 1.18ac I I N £ N n (2) o`e, p.:, I o I q•\ J J I (36) ro Q rr `�ZS/ N r I r O r T O ` ^ b ' .9M1oc Q Eyfg7,l c,T , e, 4) c ` S, Cori' r A�• /.. / /j' 1100 /t• t�� >Py . / ." /' tiM1Nj r}X y % It p� 4c9ac. J PI 18 :p1 17 1 IG i 15 I 14 I I I (5) I (40) I I I - K0HL-MA 4 =� p I ,13.4 I 90.0 lit N � O , r S n r ° 119 07. 33 � J l�' N 110 n l.tifG � p 76 6 (n) I GL) I C) I q 1 c CI NM I 7 I 9 10 50 49 3342 90 I (z4•) ) 1 6Y+NG I rn �I41 I3� O �• Q Y Q 98 r �h O . O O4o FQO ) a .9TfpN i ' y 1.1s .p44 /• Jry rr .. N� Y�`h �Yq. t N .7004. Y ..'/ •r 9 rr r We, the undersigned, do'hereby petition the Council of the City of Maplewood to: Construct in 1989 the proposed frontage road and appurtances on the East side of State Highway 61 North of County Road "C ", Maplewood: and that the said improvements be undertaken by the city council in accordance with the provisions of Minnesota Statutes, Chapter 429; and that the cost thereof be assessed against benefited property as provided by said Chapter 429. Owner StrPr +- .1AArnao T-- "- - -..a. , D & R Development C ompany 3.386 Cty Rd C East Ma lewood MN 55110 PID #04- 29 -22 -44 -0020 Approx 200' 7/1/88 P/A 2688 Maplewood Dr North 197 21/100 feet South 580 51/100 feet ' part of West 1/2 of SE 1/4 of SE 1/4 E'ly of State Hwy 61 -1 In sec 4, Twnshp 29, Rng 22 Wi iJi OKr a rOJe.) -}� 4hi1 r 45 kt S44 "Cpni o t-&.1 6 . Gal Uk lei tt r o r� Wo A ctct'4j( rto a gt-a nj or CoJ} S a%,.t 40 -k I,�J w �� a..d -�l.a� wt - j LJC;LAkj Kctiv{ 1 ra' ,I C v a�t�.•C o r ro �r t .,vow( (1 cuc �o 7 —zs4 I certify that I have witnessed the above signatures, and the proposed improvements were d with the signers. J Z 17 Date Pet tion Sponsor We, the undersigned, do hereby petition the Council of the City of Maplewood to: donst ruct in 1989 the proposed frontage'road and appurtances on the East side of State Highway 61 North of County Road "C ", Maplewood. and that the said improvements be undertaken by the city council in accordance with the provisions of Minnesota Statutes, Chapter 429; and that the cost thereof be assessed against benefited property as provided by said Chapter 429. owner Str a ddress 2200 Co. Rd. E. East Donald L. Bartlett IMaplewood, MN 55110 P/A 2700 Manl awnn.l n. _Legal Description PID # 04- 29 -22 -44 -0019 Except the South 580 51/100 feet part of West 1/2 of SE 1/4 of SE 1/4, E'ly of South 61/100 and S'ly of Kohlman Avenue in Sec rwnshp 29, Rnq 22 Fronta a Date pprox 2 00' 7/1/88 I certify that I have witnessed the above signatures, and the proposed improvements were discussed with the signers. x/29/88 Date We, the undersigned, do hereby petition the Council of the City of Maplewood to: Construct in 1989 the proposed frontage road and appurtances on the East side of State Highway 61 North of County Road " C " , Maplewood. and that the said improvements be undertaken by the city council i accordance with the prov isions of Minnesota Statutes, Chapter 429; 9. Owner StrPP* r---I __: ; __ Esther Coo and Clarence R. and Dorothy Palmer 1982 Edgerton Street St. Paul, MN 55117 P A 2650 Maplewood-Dr- - - - - Part of South 316 2/10 feet of West 349 54/100 feet of SE 1/4, E'ly Approx 350' uace 7/1/88 (/ -' of State Highway 61 -6 in Section 4 Township 29, Range 22. As Vendee's of hat certain Contract for eed dated September 4, 1 86. J m A. Bu low d A. Smith \ I certify that I have witnessed the above signatures, and the proposed improvements were discussed with the signers. Date Petit on Sponsor ,. AGENDA NO. AGENDA REPORT TO: Mayor and Councilmembers FROM: City Manager RE: Property Tax Reform DATE: September 26, 1988 This is a request by the A.M.M. and the M.L.C. for Maplewood to join in with the Coalition of Greater Minnesota Cities, the Small City Organization, Minneapolis, and St. Paul to develop a property tax reform proposal for 1989. The total estimated cost for 1989 is $185,000.00. The requested amount for Maplewood, as well as the other larger suburbs is $2,000.00 each. I can't tell you that the $2,000.00 contribution will accomplish anything beyond the opportunity of being part of putting together the reform proposal. Authorize up to $2,000.00 from the Contingency Fund to provide Maplewood's share of the 1989 Property Tax Reform Proposal. 4" as ociation of metropolitan municipalities P R O M P T A C T I O N R E Q U E S T E D September 20, 1988 Dear City Administrator /Manager: The Association of Metropolitan Municipalities and the Municipal Legislative Commission have been working for sometime with the League of Minnesota Cities Coordinating Committee discussing property tax computer analysis for 1989• The LMC has committed to developing computer analysis capability for the 1990 legislative session but a transition year is necessary to be able to react and participate knowledgeably in the 1989 session. The Coordinating Committee has been negotiating with the Coalition of Greater Minnesota Cities for development of a property tax reform proposal - for 1989, a key element of which, will be retention of the principles of a Homestead Credit. Additional background data on the research elements and product are enclosed. This effort will cost approximately $185,000 for computer data update and proposal development. To raise this amount, Minneapolis, St. Paul, the Coalition of Greater Minnesota Cities, the Small City organization, and the Metro Area suburbs are being asked to make contributions. The suburbs share of funding has been targeted for between $35,000 and $50,000, which will be raised voluntarily, not through any type of mandatory assessment by either the ARM or MLC. Thus, a request for financial contribution is being made of all suburban cities. Your city, along with other larger metropolitan suburbs is being asked to contribute $2,000 to this effort. Smaller suburbs are being asked to contribute an amount commensurate with their size and budget constraints. This financial pledge is 183 university avenue east, st. paul, minnesota 55101 (612) 227 -4008 contingent upon two factors: 1) AMM and MLC Boards approval to proceed with this project, and 2) Sufficient funding from the suburbs to raise the required amount of dollars. It may be imperative for all cities, especially suburban cities to develop a common proposal for the 1989 legislative session. Based on the 1987 and 1988 tax and school funding bills, counties and school districts are committing to a significant effort for additional funding in 1989, probably at the expense of cities. This is primarily possible because of the elimination of Homestead Credit in 1990 in favor of an aid type program. Since the suburbs are at the greatest risk if Homestead Credit is exchanged for aid, it is paramount that a strong effort be made to restore the Homestead Credit. The data base or information which should result from this one time effort will help assure that the professional staffs of AMM and MLC that represent the suburban cities will be on an equal footing with other city lobbyists in the state during the 1989 session. Without the availability of this information and a unified position supported by all cities, success in protecting the suburban interest is in doubt. Please, strongly consider this request with your council and reply using the enclosed pledge sheet or verbally no later than Wednesday, October 5, 1988 to the AMM Office. If you have any questions, call Vern or Roger at 227 -4008. Respectfully, Gary Bastian, Association of Municipalities President Metropolitan Richard Wedell, President Municipal Legislative Commission TO: ASSOCIATION OF METROPOLITAN MUNICIPALITIES MUNICIPAL LEGISLATIVE COMMISSION 183 UNIVERSITY AVE., EAST ST. PAUL, MINNESOTA 55101 FROM: CITY OF YES, OUR CITY WILL PLEDGE $ IF THIS EFFORT CONTINUES. N0, OUR CITY WILL NOT CONTRIBUTE. CITY ADMINISTRATOR /MANAGER LEAGUE COORDINATING COMMITTEE RECOMMENDED RESEARCH PROGRAM FOR OCTOBER THROUGH JANUARY The major research tasks recommended for the League Coordinating Committee through January 15, 1989 are briefly described below. The research tasks have been organized into three major areas of research work. I. Data Base Additions and Modifications Add data on homeowner income related to home value and tax burden, and develop analytical model for using this data in conjunction with the property tax model. Enhance ability to do regional totals and averages, constituency group totals and averages and average impact by property type. Add county welfare data. Add State Auditor's data on city revenues and expenditures for 1987. Update data base with estimated 1989 data when available from the Department of Revenue or House Research. Most recent information indicates that valuation data will become available in late October, and levy data will be available one or two months later. II. Background Research and Analysis of the 1990 Law The first major research task is the analysis of the 1990 law, including its structural features and estimated impacts on property tax burdens. This research work may include analysis of the fiscal characteristics of cities in different regions of the state, and how those characteristics play a role in determining the impact of the 1990 law. III. Research to Develop Sp ecific )osals for Consideration by the The primary objective of this work plan is to develop two specific proposals that are acceptable to the Constituency Groups. One of the proposals would include a homestead credit and the other would not. The research involved in developing a specific proposal is difficult to describe in detail. It is generally an interactive process where alternative proposals and their impacts are described to the Committee, the Committee reacts to those proposals and provides direction for further research to refine or redirect those alternatives. Dozens or even hundreds of individual computer runs may be needed in order to design a specific proposal that is acceptable to the participants. the elements of the system that will be considered in designing a proposal may include the following: Classifications and assessment ratios. LGA, disparity aid, and other equalization formulas. The homestead credit, other credits, and, in the case of the alternative proposal, transition aid payments or other programs that replace the homestead credit. Categorical aids, such as the welfare takeover that are either in addition to or in lieu of other state -paid aids. Fiscal disparities or tax base sharing programs. Income adjusted property tax refunds or an income adjusted homestead credit. Extensive computer analysis is needed to assess the inter - related impact of changes to all elements of the system. It will be necessary for the Constituency Groups to focus the research effort very early in the process. without some initial policy agreements, the research effort could become unfocused and would more likely be unproductive. The research work for the first several meetings would be designed to help the members of the Committee reach a preliminary agreement on the direction that the proposals should take. The research needed to develop specific proposals may include some of the more specific research tasks already suggested by Committee members, assuming that the Committee agrees that these specific research tasks are needed. Some of the specific items suggested so far include: - Analysis of impact and appropriateness of using city size as a basis for distributing aids. - Elimination of split classifications; impact on tax burdens and on the distribution of aid. - Research on the design of new property tax systems that do not require or encourage mill rate buy -downs or mill rate equalization. - Research on single aid programs that could replace the multiple programs in current law. ti Research on modifications to 1990 law to refine aid programs and classification system. Analysis of property tax burdens by income class. Research on impact of property tax system changes on the existing education aid formula and on school district levies. Analysis of projected school levy changes for 1990. Analysis of ways to reduce tax burden differences due to differences in tax base. These items illustrate the types of specific research that would be undertaken for the Committee. This research is consistent with the general structure of the recommended research program. The Committee would have to decide as the negotiations and meetings progress on the specific research to be done. Membership of the League Coordinating Committee would in include three members from each of the following groups: Minneapolis St. Paul Coalition of Greater Minnesota Cities Association of Metropolitan Municipalities Municipal Legislative Commission Association of Small Cities