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1988 12-22 City Council Packet
[:1u1:i,11 MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, December 22, 1988 Municipal Administration Building Meeting 88 -30 (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF MINUTES (D) APPROVAL OF AGENDA (E) CONSENT AGENDA I. Approval of Claims 2. 1989 Budget Revision 3. Conditional Use Permit: 1768 McMenemy St. (Hmong Church) 4. Final Plat: Gonyea's Oak Heights 2nd Addition 5. Revision of Accountant Position to Full -Time Status 6. Interfund Transfers for Unassessed Utility Departments 7. Resolution Designating Certain Bonds Issued in 1986 as Qualified Tax - Exempt Obligations 8. Paramedic Bill - Application for Cancellation 9. Boxwood Avenue - Change Orders Nos. 1 and 2 10. Park Availability Charge (Commercial and Industrial Property) 11. Budget Transfer Utilities Expenses 12. Maplewood In Motion Publication - Budget Transfer �F) PUBLIC HEARINGS 1. 7:00 P.M., Conditional Use Permit: English Street and Highway 36 (Marcor) 2. 7:10 P.M., Home Occupation License: 1236 Farrell Street (Richardson) 3. 7:30 P.M., Southlawn Drive and Radatz Avenue (Brandt) a, xezonin b. Plan Amendment and (G) AWARD OF BIDS (H) UNFINISHED BUSINESS (I) NEW BUSINESS 1. Colored Land Use and Zoning Maps, 2. Appoint Sergeant for Patrol Di (J) VISITOR PRESENTATIONS COUNCIL PRESENTATIONS 1. 2. 3. 4. 5. 7. 8. 9. 10. 11. 6. 12. (L) ADMINISTRATIVE PRESENTATIONS 1. Alternative Storm Sewer Financing Discussion ( M) ADJOURNMENT Agenda Number E -1 m AGENDA REPORT TO: City Manager FROM: Finance Director le14911t- RE: APPROVAL OF CLAIMS DATE: December 19, 1988 It is recommended that the Council approve payment of the following claims: Rejecte — Date--- ACCOUNTS PAYABLE: $ 460,486.59 Checks #8502 - #8554 Dated 12 -01 -88 thru 12 -15 -88 S 262 559.99 Checks #4850 - #5033 Dated 12 -22 -88 723,046.58 Total per attached voucher /check register PAYROLL: $ 184,825.66 Payroll Checks S 30 235 56 Payroll Deductions $ 215,061.22 Total Payroll $ 938,107.80 GRAND TOTAL Attached is a detailed listing of these claims. 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LL LL LL L LL LL W r I O O O G 00 0 O G < �¢ ,ow ww NM VIM' M Or I W W w w ' W w• W W W O J I J J J J J J J J J r W .aa as as LLaa > as as as as a W< m m A >¢ )NN LAN ]4]N' VIN (n O r O O O N O O O N O� m p O O O O I + ` � W ti r > z Z < r J _t W F < m < W X W u W W ¢ LL ¢ iiI ¢ z O 2 2 m W W < V F J z i m l o U J < O � L < W m O s 2 W w z < N F z O LL J ¢ O t C W a z ]- � H F N m N m m m m m m N N N N N N = N w m O m M 1 M m m m P O O v Y n N P r N f b f w0' N O � r M O O O N N P O O O f w N f N W N \ oz r i m F Ow u ¢ ¢ r I W < I xa �w O ¢ r 0 O < O m Z z E LL O W i r w m m N N N O O P N m � M O 0 In N W W J w LL = m W W > ¢ N F y < ¢ J o a a M N 2 m O N ¢ W t O W W ¢ r � JI N m m N N N N N N w M M f m m f •D m r m m O� Y) P V) N J s W z Y w W 1� L" V r ' z a a E N �I ZI Nj Z , at J) aC :0 1' S LL I V < m F - m I m i •A \ N N O ILI O M •.V n m m A r P O b I Ul Z > f G G E c O r o E > Z � y � J N < W a C W ¢ 4 N N f 00 C0 v� a� ¢ W [ E Z W O ¢ W E Z S W u m o z > z P m f N ++ m o• n N O ¢ O r � W 2 L 6 G � in N W �! J J as as 7 m a9 N Df O.D Tdf X00 �- V i I W mN:n N f r } r r rt S Zk S ¢ aO OG W SRS ¢ ¢a as N � W ¢ O m F- W m f m m i N N N 0 O d m N O b L i f m 2 2 2 = 1.'yy 2 a as W W W J J J W W W X W J W r X W O E W t m m N N N w ' 0 0 M O m m w O b O n N < p O f cy N o f P N r N o m N W O I J O r m P , O C W Z z < > a °I Z Z z z € Z F c W W W m E N W M� r W W W W i t O O C II J - w - M J C < r a s 2[7 2 L W MM O > m ¢ 00 O N E J z U2 � U+ J W 2 S u U ¢ EE z E O < U J o ¢ IL W m < L• LL 2 � Z , Z ¢ � .Z. ON D Y r Z N r S O CY W N � O Z Z < O ¢ 2 � r .. N � m C 1 ° m L m N N N N N N w w O N W O w o N m ' Z m CD > > _ � ZIZ w � O O in m i i =: ■= i= Q i t t i= O N O O m P , O C a °I € M� r IN r i G h I � I I � I i t II I � z z 2¢ 2[7 2 L E J z U2 � U+ J < i ^ S m U E W EE z E < L• 6 2 � Z , Z ¢ U ON < r O N � O .. N T C L N W U ¢ I S W W Z > > _ ZIZ f � m m m m m x N N IN N N � N O O O O C p m � N p � m m P P m •• N N N C O n I[> is; h N = 1 c= o n n A o m ^ W O e Z O d r d r d A Y < O N .+ n m d A 2 fi N O < N A d O O l0 r O A W * D NCD 4 O , ro r N NA 0 0 P Z p n . N . f ^ w r . n w . 00 . • r O n f n N E W J J U F r < < J = 2 ^ mm I mm W W W Q C x of FAH E U W t O O W m m m O m m W 0 0 O O w > 00 U U i C Z J C LL O Z Z 2 C m W O O W LL O 6 < z 2 W m 'U m m W Y O F- W wl O W n Z Z Z Z N V OW C d m C n m m 3 O W O W W W J W « uo U W J C "' '+ C W y^ U W J s J J J J J ^ U .. U J d w m d m a j j..J j ^ < 4Y W SG L J �- E U O 7 W > > > > W O >> 7 J O O 1- 4 = O U >s U U 7 O J f I < > i t I O E � s n x ^ LL W W � a C J < W m W m Z p C p Y X CC Y W V N O W N x C m m j � K 3 < r < W ^ W W y y 3 Z 3 X N m m ro m m m m m m m m m m m W \ \ \ \ \ \ \ H N N N N N N N < N N N N N N N p \ \ \ \ \ \ \ N N N N N N N C O O O O O O m u A 1 d d r,V l7 r f d m z Z P P P P P P P f \ tC m W C N N N N W m x W O O O O O O O z\ v m n n n n n n n U D � O N t2 0 t x i CITY OF MAPLEWOOD PAYROLL CHECKS CHECK ISSUED FOR PACHECKIOD ENDING 12/09/88 EMPLOYEE NAME _GROSS_PAY SLAVIK, THOMAS J. 858.42 2 McGUIRE, MICHAEL A. ,538.46 0 1,374.70 BLACKSTONE, GAIL 915. ZAWACKI, KATHRYN 942.110 BERM, LOIS N. 844.41 JAHN, DAVID J. SWANSON, LYLE 242.40 242.40 CODE, LARRY J. 817.6 OSTER, ANDREA J. 157.60 0 MIKISKA, WILLIAM 1, 934.90 FAUST, DANIEL F. 857.15 TAYLOR, LINDA MATHEYS, ALANA K. 968. 6 949.666 VIGNALO, DELORES A. 1, 190.28 ANDERSON, CAROLE J. 89.75 LA MOTTE, MARLENE AURELIUS, LUCILLE E. 1,7788.50 209.25 SELVOG, BETTY D. SCHADT, JEANNE L. 33.46 433.34 4 KELSEY, CONNIE L. 628.07 HOSCHKA, GERMAINE VIETOR, LORRAINE S. 477.5 3 477.5 HENSLEY, PATRICIA A. 809.83 CARLE, JEANETTE E. 184.50 RONGSTAD, CAROLEE 1 COLLINS, KENNETH V. ,996.50 819.26 RICHIE, CAROLE L. 1,099.93 SVENDSEN JOANNE M. kOBERT D. 1,735.70 NELSON, 314.03 FULLER, ELAINE 834.46 OMATH, JOY E. MARTINSON, CAROL F. 804.06 1,561.48 ZAPPA, JOSEPH A. 1,378.28 STILL, VERNON T. 1,460.49 SKALMAN, DONALD W. 1,623.05 NELSON, CAROL M. MORELLI, RAYMOND J. 1,378.28 STEFFEN, SCOTT L. 1,509.73 1,561.48 ARNOLD, DAVID L. 1,604.94 BANICK, JOHN J. 1,643.75 BOHL, JOHN C. CAHANES, ANTHONY G. 1,735.70 1,403.88 CLAUSON, DALE K. MOESCHTER, RICHARD M. 1,615.49 1,403.88 ATCHISON, JOHN H. PELTIER, WILLIAM F. 1,734.55 SZCZEPANSKI, THOMAS J. 1,339.31 1,492.20 WELCHLIN, CABOT V. 1,550.76 LANG, RICHARD J. CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 12/09/88 CHECK #6299 - CHECK #6447 EMPLOYEE NAME GROSS PAY PALMA, STEVEN T. 1,203.45 HERBERT, MICHAEL J. 1,454.28 DREGER, RICHARD C. 1,801.86 MEEHAN, JR., JAMES E. 1,716.21 STAFNE, GREGORY L. 1,518.31 BECKER, RONALD D. 1,507.95 HALWEG, KEVIN R. 1,984.73 STOCKTON, DERRELL T. 1,471.79 PAULOS, JR., PAUL G. 1,035.88 BOWMAN, RICK A. 1,465.79 KARIS, FLINT D. 1,390.28 HEINZ, STEPHEN J. 1,657.53 GRAF, DAVID M. 1,467.08 THOMALLA, DAVID J. 1,561.35 YOUNGREN, JAMES G. 1,565.77 RAZSKAZOFF, DALE E. 1,454.28 VORWERK, ROBERT E. 1,575.38 BERGERON, JOSEPH A. 1,475.90 MELANDER, JON A. 1,467.08 ENGEN, MARIA 297.23 MURNANE, SARAH 369.23 EMBERTSON, JAMES M. 1,482.90 WILLIAMS, DUANE J. 1,290.10 RABINE, JANET L. 1,041.45 STAHNKE, JULIE A. 1,070.02 BOYER, SCOTT K. 960.02 RYAN, MICHAEL P. 1,561.48 FEHR, JOSEPH 941.98 NELSON, KAREN A. 1,091.19 FLAUGHER, JAYME L. 1,182.70 HAIDER, KENNETH G. 1,934.10 CHLEBECK, JUDY M. 986.46 WEGWERTH, JUDITH A. 456.17 MEYER, GERALD W. 1,369.02 KANE, MICHAEL R. 1,540.72 LUTZ, DAVID P. 1,282.23 KLAUSING, HENRY F. 1,331.97 SCHMOOCK, JOHN 805.30 HELEY, RONALD J. 1,306.54 OSWALD, ERICK D. 1,128.39 FREBERG, RONALD L. 1,311.40 CASS, WILLIAM C. 1,596.68 LINDBLOM, RANDY 848.86 ELIAS, JAMES G. 1,280.06 PECK, DENNIS L. 1,280.06 PRIEBE, WILLIAM 1,210.46 IRISH, BRUCE A. 1,521:48 GESSELE, JAMES T. 1,233.66 GEISSLER, WALTER M. 1,256.86 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUE PACHECKIOD ENDING 12/09/88 CHECK #6299 GROSS PAY EMPLOYEE NAME ----------- ------------- 848.86 METZ, TERRY 934.44 LOFGREN, JOHN R. 1,797.30 ODEGARD, ROBERT D. 968.86 BRENNER, LOIS J. 417.23 KRUMMEL, BARBARA A. 1,499.88 STAPLES, PAULINE 72.00 JONES, LUTHER 103.50 TRAVERS, DANIEL L. 1,054.46 ANDERSON, ROBERT S. 1,106.22 LINDORFF, DENNIS P- 783.26 GARRY, WILLIAM 1,126.46 HELEY, ROLAND B. 1 MARUSKA, MARK A. 1,147.26 BURKE, MYLES R. 1,126.46 GERMAIN, DAVID A. 45.00 WICKLEM, B. 45.00 VAN WYK, K. 145.00 HANNEGAN, A. 30.00 SINNIGER, S. 52.50 PODPESKAR, K. 70.00 STROTH, T. 67.50 ANDERSON, C. 36.25 BESETH, JR., R. 15.00 KING, S. 71.25 NELSON, J. 37.50 FISCHER, P. 406.40 WARD, ROY G. 1,196.68 TAUBMAN, DOUGLAS J. 1,024.86 GREW- HAYMAN, JANET M. 306.41 NELSON, JEAN 502.83 HORSNELL, JUDITH A. 505.11 HUTCHINSON, ANN E. 804.06 BARTA, MARIE L. 975.73 DOHERTY, KATHLEEN M. 1,786.10 OLSON, GEOFFREY W. 215.36 MISKELL, NANCY 421.07 LIVINGSTON, JOYCE L. 233.24 GENEROUS, ROBERT 1,434.12 EKSTRAND, THOMAS G. 1,472.86 JOHNSON, RANDALL L. 11494.28 OSTROM, MARJORIE 1,138.46 CARVER, NICHOLAS N. 1,233.66 WENGER, ROBERT J. 1,132.78 NADEAU, EDWARD A. 958.42 NAGEL, BRYAN 1,165.97 MULWEE, GEORGE W. 11532.85 NUTESON, LAVERNE S. 1,165.97 DSONIMbAROGER W. 1,173.98 CITY OF MAPLEWOOD PAYROLL CHECKS CHECK ISSUED FO R PACHECKIDO ENDING 12/09/88 MERIT PAY GROSS PAY EMPLOYEE NAME _____________ $ 1,000.00 BLACKSTONE, GAIL J. 500.00 ZAWACKI, KATHRYN A. 250.00 BEHM, LOIS N. 2,300.00 FAUST, DANIEL F. 915.00 ANDERSON, CAROLE J. 1,400.00 AURELIUS, LUCILLE E. 1,100.00 COLLINS, KENNETH V. 1,350.00 NELSON, ROBERT D. 1,350.00 CAHANES, ANTHONY G. 1,150.00 EMBERTSON, JAMES M. 1,000.00 WILLIAMS, DUANE J. 2,000.00 HAIDER, KENNETH G. 1,024.00 KANE, MICHAEL R. 1,229.00 CASS, WILLIAM C. 1 IRISH, BRUCE A. 1,000.00 ODEGARDI ROBERT D. 1,077.00 STAPLES, PAULINE 1,024.00 MARUSKAI MARK A. 947.00 TAUBMAN, DOUGLAS J. 1,900.00 OLSON, GEOFFREY W. 1,188.00 OSTROM, MARJORIE 1,099.00 NUTESON, LAVERNE S. _____________ $ 25,935.00 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 12/09/88 CHECK #6299 - CHECK #6447 EMPLOYEE NAME GROSS PAY MULVANEY, DENNIS M. 1,212.86 SPREIGL, GEORGE C. 1,009.66 $158,890.66 PAYROLL DEDUCTIONS ICMA RETIREMENT CORPORATION ZI $ 6,761.21 CITY & COUNTY EMP CR UNION Cl 22,607.00 AFSCME 2725 UI 442.35 MN MUTUAL LIFE INS 19 -3988 160.00 METRO SUPERVISORY ASSOC U3 18.00 MN STATE RETIREMENT SYSTEM Z2 247.00 L.E.L.S. P1 546.00 $ 30,235.56 GRAND TOTAL $189,126.22 E - �2 1"4 dlfie MEMORANDUM Ee,eeted _ Date T0: City Manager FROM: Associate Planner - Johnson SUBJECT: 1989 Budget Revision DATE: December 9, 1988 The financing is scheduled to close for the Cottages of Maplewood senior citizen housing project on January 23, 1989. One of the closing transactions will be the transfer of $252,500 in Community Development Block Grant (CDBG) funds from the County to the City and then to the developer for the purchase of the land. This past July, the City entered into an agreement with the County to accept these CDBG funds. Ramsey County will require the City to draft a check to pass these funds to the developer. To draft this check, the Finance Director needs the 1989 budget amended to increase the City's estimated revenues and appropriations in the amount of $252,500. RECOMMENDATION Amend the 1989 budget to increase the estimated revenues and appropriations by $252,500. W TO: FROM SUBJECT: LOCATION: APPLICANT /OWNER: DATE: INTRODUCTION MEMORANDUM Re j e ct. City Manager Date — Thomas Ekstrand, Associate Planner Conditional Use Permit Renewal 1768 McMenemy Street Hmong Christian & Missionary Alliance Church December 15, 1988 Renewal of a conditional use permit (CUP) for the Hmong Christian and Missionary Alliance Church. BACKGROUND 11-24 -86: The City Council granted this CUP, approved the site plan, and amended the Land Use Plan designation to C, Church. The CUP was approved subject to: 1. Adherence to the site plan, dated August 26, 1986, unless a change is approved by the City's Community Design Review Board. 2. City Engineer approval of a final grading and drainage plan. 3. Provide adequate screening of the parking areas from contiguous residential properties in either the form of berming or planting that would be year- around screening. 12- 28 -87: Council renewed this CUP for one year. 5- 24 -88: The Community Design Review Board approved architectural and landscape plans. DISCUSSION The church is under construction. A one -year renewal should be granted so that the Council may review this facility after it has been in use. RECOMMENDATION Renewal of the conditional use permit for a church at 1768 McMenemy Street for one year, subject to the original conditions of approval. mb /hmong.mem Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan R BCD C/TY OF UME CANADA W ee , V Be i LOCATION MAP 2 Attachment One . I 'L v r l N C /TY OF ' • ST, PAUL u. I z Was". ♦ ■ a! • ■ -. f Ti�.rK. Llar. 41 tL• 6» 9 ■ (s) (ss) ■ T w " .. t y i.:! r. t•tw I I (� 1780 ^ 4 C °) to to O c c7 Y G J 1774 6 t a) 4j L .. nr w „ „' •I' 1 I- o w "°'° Proposed Nmong Church Si to l �❑ q a t s �; ! I: 1768 i 1801' o c _ rw '• ' sllolu f ° 1766' °•• 1 9 , sit J ❑ to - N t b Wd4. 1750 w 14A. ku) I II • nitSI.IS Ii It ❑ (_) # ^ ' , eK , Q c : ..,_ •, ( «j ° n u ; im 1746 qD e m 1 1 *a ink an r , / t an _.t'i- 'IKINGSTON bo v ^- t° � 7 (1.) ,.� . IISs. - �)�,• �.. Q • E „j KINGSTON a y . . -_ �• (. AYE I • .nr 4 (u) T . �rT p 3(n) Its) ,0 ) r CN � �' I g' �� e. Z — -- n V T 1 t t J P I •nt: A -, 5 s a[ a suit ., < . w,- +. 7 G �, (_•) 5 I ♦ 4 Gal , +) 6a) 1 6•) a j~• 1F : ° +]d : •' • m 1 1 -`• L- ARP- E-NT' - r Ate- _ , - r--, r r F---1 r r ---- I PROPERTY LINE If ZONING MAP. 3 Attachment Two C �I I m 90 H 1 —ON o , 111 I� I I I I: I I I , � ' 1 I I I i — c vi I 1 _ I _ I I � I I I i I 1 i I I i 1 I ( I I I it , I I I 701 a I 4 1 I I I I I I I i I I 1 Iv 1 I I I I I I 4 '- - - LMH a Amwjvlon �I I C � � r MEMORANDUM TO: City Manager FROM: Associate Planner, Johnson SUBJECT: Final Plat LOCATION: Boxwood Ayenue and McKnight Road APPLICANT /OWNER: Dennis D. Gonyea PROJECT TITLE: Gonyea's Oak Heights Second Addition DATE: December 15, 1988 SUMMARY INTRODUCTION a Rejecte Date The applicant is requesting approval of Gonyea's Oak Heights Second Addition final plat to create seven single - dwelling lots. (Refer to the map on Attachment Three.) DISCUSSION The applicant has complied with the conditions of approval. RECOMMENDATION Approve the Gonyea's Oak Heights Second Addition final plat. REFERENCE Past Actions 6 -8 -87: Council conditionally approved the Sonyea's Oak Heights Addition preliminary plat. The conditions that apply to this phase are: 1. Phase 2 may not be platted until Council orders the construction of Boxwood Avenue. If Council chooses to allow Boxwood Avenue to be a cul -de -sac, then right -of -way for a 120- foot - diameter cul -de -sac bulb shall be shown on the plat at the end of Llorland Road. The location shall be approved by the City Engineer. (Satisfied) 2. The City Engineer must negotiate an agreement with the City of St. Paul for the joint use of St. Paul's sanitary sewer in McKnight Road. Each phase must be consistent with the City sewer plan. (Satisfied) 3. Final grading, utility, erosion control and drainage plans shall be approved by the City Engineer. The erosion control plan shall address the recommendations of the Soil Conser- vation Service and the provisions of Section 9 -191 (3) (b -3) of the environmental protection ordinance. (Satisfied) 4. Submittal of a sign developer's agreement, with the required surety, to include, but not to be limited to the construction of all public improvements except Boxwood Avenue, for the phase being platted, including the storm sewer outlet to the north. (Boxwood Avenue has been constructed as a City project.) 5- 23 -BB: Council approved a one -year time extension. mb /gonyea.mem Attachments: 1. Location Map 2. Preliminary Plat 3. Final Plat (e 1/2 x 11) 4. Final Plat (Separate Attachment) 2 V 1i 11 �, ighwood 01 2322•''[ n. R1 0 _ Third R1 -1i 9 1 —4 mi, ". A R1 Fourth Addition IK on '13 r7 15 > 4k, 0 0 Pleasantview Park ----------- on Maplewood Highlands ; (-) ------------ r r IA� St. Paul Ski Club PROPERTY LINE ZONING MAP Location of Gonyea's Oak Heights Platsr. 3 Attachment 1 ' 10 V)w PROPERTY LINE ZONING MAP Location of Gonyea's Oak Heights Platsr. 3 Attachment 1 .. ps Street right of —way '• r..• ' _ .vacated &I ItIs W OOD W °' fphase IV � -I Fzz i b ra. . t \\° \�•i /��` ( I ... —�. �. • ly\ '•,�• ,� _ 'Fifth Addttlon HAY - rl `^- i j Finol P1aL n •.. .y. •.^� .. it :' .')7 a_ M ry y \ K Y - Firs t Addition ` `�'.. 4 \ \ �7 •I�.A.. - i Fina l Plat (Aeco, dod)_ r �. i ?. I►\ 5 ��� Y' Z-� �L c �� i. it - t - •� t• a7 l r t� �= x .. �:q• . \� ., vh��. Z3 � 7A� -ZS- 21. v •.� •�; ak` 4 '�t � � e V. t " Nr0 N/a'M O` • �\ ,•� i•. Second Addition 1 r n •.1 Fintl Plat •• _��__ -- ..e T _ is L _ _ .n•n�.rr 1 s ' Street right —of —way ' I r �T'Y..[mw..r(s..nT•)�q'iT. uan.a (yam. a.+w� • � t• vacated e PRELIMINARY PL AT 60NYEA S Ohe 11El6l(TS Attachment ? 4 Li N FINAL PLAT Attachment 3 3 I + , i :.'K ' a00.00illSSmE. - 'ti1] I .�. i ^N I_ • � G n I i Tr 1 i -_ .. -91. S]SN•Il'UrY EJ I I I ! I 1 _ - -, 1 I �— wOm _ 1 1 ____ m �w ri rm I I I g1 Ig ° i i r 1 9 p , A l r 4i'7,+ 9i ig 68; IA S F T �) Q t: t I iJ'J � n� i I i i I •I � I rm Iw wt rm �__ w,l :• j�. I l_ mm__�I �� '!?m__J L__ bm__� 1_ bm__. L_____J L_____ FINAL PLAT Attachment 3 3 son alkla Catherine Nelson, husband Agenda Number E — !S- Action AGENDA REPORT Endc_sc Mc irie3 ___ ReJec t; Date TO: City Manager FROM: Finance Director RE: REVISION OF ACCOUNTANT POSITION FROM PART -TIME TO FULL -TIME STATUS DATE: December 13, 1988 The 1989 Budget provides that the Accountant position be revised from part -time to full -time status. This change was explained to the City council during Budget meetings and it was authorized without any questions. In 1988, the incumbent in this position had been working an average of 36 hours per week. (Half of the year she was scheduled to work 40 hours per week and the other half she was scheduled to work 32 hours per week.) Therefore, the revision from part -time to full -time status will result in only a minor change in the work schedule. However, the change in status will make the incumbent eligible for insurance benefits. It is requested that you approve revision of the Accountant position from part -time to full -time status at this time so that the appropriate employee group insurance coverages can be revised effective January 1, 1989. OFF:kaz AGENDA NO. E 1O AGENDA REPORT TO: FROM: RE: DATE: City Manager Finance Director /�'•� �� Interfund Transfers for Unassessed Utility Improvements December 12, 1988 Er° Y_ !'ie3 Rejecle Date Transfers are made annually from the Water Availability Charge Fund, Hydrant Charge Fund, Hydrant Charge Fund, and the Sewer Fund to the Debt Service Funds to amortize the cost of unassessed water and sewer improvements over the terms of the bonds that were issued to finance the improvements. When the tax levy for this year was adopted, reductions were made in the debt service tax levies for the anticipated transfers scheduled for 1988. Therefore, the following transfers are recommended: Debt Ser vice Funds E 50,800 W.A.0 Fund 1973 Bonds (311) 71,700 Hydrant Fund 1977 Bonds (314) 6,010 Hydrant Fund 1979 Bonds (316) 2.050 Sewer Fund 1979 Bonds (316) $130,560 DFF:lnb d� I-&W OFFICES BRIGGS AND MORGAN PROFESSIONAL ASSOCIATION 8900 FIRST NATIONAL BANE BUILDING SAINT PAUL, MINNESOTA 66101 TELEPHONE (918) 901-1816 TELEGOPIER (919) 998-4071 INCLUDING THE FORMER FIRM OF LEVITT, PALMER, BOWEN, ROTMAN & SHARE December 13, 1988 Mr. Dan Faust City Finance Director City Hall 1830 East County Road B Maplewood, MN 55109 Re: City of Maplewood, MN - (i) $3,265,000 General Obligation Improvement Bonds of 1986; and (ii) $2,490,000 General Obligation Tax increment Bonds of 1986 Dear Mr. Faust: The above referenced bonds (the "Bonds ") were issued in 1986 while the Tax Reform Act of 1986 (the "Act ") was pending in the U:Iit:ed States House of Representatives and in the United States Senate. The Act contained several provisions which had a retroactive effective date prior to the date of issuance of the Bonds. One of these provisions affected purchasers of the Bonds in that it completely disallowed any interest expense on money which was treated as borrowed to purchase the Bonds. However, the Act contained a provision which allowed the City to designate the Bonds as "qualified tax exempt obligations" (commonly referred to as "bank qualified bonds "). This designation is important because it allows bondholders to deduct 80% of their interest expense on any money treated as borrowed for the bonds. If the designation of the Bonds as "qualified tax exempt obligations" is not effectively made, then no part of that interest expense is deductible. In the resolution authorizing the issuance of the Bonds, the City designated the Bonds under the Tax Reform Act as "qualified tax exempt obligations ". SEOD MOST NATIONAL EANE RDHDDIO SAINT PAM, MINNESOTA 66101 49121 881-1216 5 IDS CENTER MINNPd MS, MINNESOTA 66M2 (6121 WO -0661 BRIGGS awn MORGAN 'Pile Technical and Miscellaneous Revenue Act of 1988 (" TAMPA"), which became law on November 14, 1988, requires that the designation of the Bonds as "qualified tax exempt obligations" be made under Section 265(b)(3) of the Code and that it be made this year. Although it is possible that the Internal Revenue Service will announce an extension of the time for the designation, because a designation was made under the Tax Reform Act and the resolution contained a covenant to take whatever action is necessary to effectuate this designation, it is important that the enclosed resolution be adopted to designate the Bonds as "qualified tax exempt obligations" as required by TAMPA. If any bondholder decides to sell the Bonds it owns at some future time and the City has not adopted this resolution, the market value of the Bonds may be less and the bondholder might attempt to bring an action against the City because of the reduction in value of its Bonds. Please see that the enclosed resolution is adopted at the earliest possible date and, in any event if at all possible, no later than December 31, 1988. We suggest that you retain a copy of this resolution in your files in case any Bondholder requests information regarding this matter. If you have any questions, please give me a call. very truly yours, Mary L. Ippelt' Enc. cc: Ms. Phyllis Slattery, Miller & Schroeder Financial, Inc. i 554S Extract of Minutes of a Meeting of the City Council of the City of Maplewood, Minnesota Pursuant to due call and notice hereof, a meeting of the City Council of the City of Maplewood, Minnesota, was duly held at the City Hall, in said City on , the _ day of , 198_, at _ _ P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING CERTAIN BONDS ISSUED IN 1986 AS "QUALIFIED TAE - EXEMPT OBLIGATIONS A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "Issuer "), issued its $2,490,000 General Obligation Tax Increment Bonds of 1986 (the "Bonds ") after August 7, 1986, the effective date of the federal Tax Reform Act of 1986; and B. WHEREAS, when the Bonds were issued, the Issuer made a designation that it intended to qualify under Section 802(e)(3) of H.R. 3838 of the 99th Congress as passed by the House of Representatives; and C. WHEREAS, the Issuer covenanted to take such actions as are necessary to effectuate such attempted designation; and D. WHEREAS, for the Bonds to get the benefit of being designated as "qualified tax - exempt obligations" under Section 265(b)(3) of the federal Internal Revenue Code of 1986, as amended (the "Code "), it is necessary that the Issuer designate the Bonds pursuant to subparagraph (B) of Section 1009(b)(3) of the federal Technical and Miscellaneous Revenue Act of 1988 ( "TAMPA ") and Section 265(b)(3) of the Code; and E. WHEREAS, the Bonds qualify for such designation because they are not private activity bonds (or, if private activity bonds, are qualified 501(c)(3) bonds, or refund bonds which were not industrial development bonds or private loan bonds), the Issuer with respect to bonds issued in 1986 is a "qualified small issuer" of $10,000,000 or less of bonds, and not more than $10,000,000 of bonds issued in 1986 have been designated: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. In order to qualify the Bonds as "qualitlea tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the Issuer hereby makes the following factual statements and representations: (a) the Bonds were issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code, or, if private activity bonds, they are: (i) qualified 501(c)(3) bonds as defined in Section 145 of the Code, or (ii) obligations issued to refund (or which are part of a series of obligations issued to refund) obligations issued before August 8, 1986, which were not industrial development bonds (as defined in Section 103(b)(2) of the federal Internal Revenue Code of 1954, as amended, as in effect on the day before the date of the enactment of the federal Tax Reform Act of 1986) or a private loan bond (as defined in Section 103(o)(2)(A) as so in effect, but without regard to any exemption from such definition other than Section 103(o)(2)(A)); 2 (c) the Issuer hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) at the time the Bonds were issued, the amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which had been and were to be issued in 1986 by the Issuer (and all entities treated as one issuer with the Issuer, and all subordinate entities thereof) during calendar year 1986 was not reasonably expected to did not exceed $10,000,000; and (e) not more than $30,000,000 of obligations issued by the Issuer during calendar year 1986 have been designated for purposes of Section 265(b)(3) of the Code. The motion for the adoption of the foregoing resolution was duly seconded by member , and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 3 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to a resolution designating certain bonds as "qualified tax - exempt obligations ". WITNESS my hand and the seal of the City this _ day of , 198_. City Clerk (SEAL) 4 An application for cancellation of paramedic ambulance service charges has been received from Kevin Bergstrom. This individual was taken to St. Paul Ramsey Hospital on August 28, 1988 for treatment of thumb and elbow injuries suffered during a fall while walking. Mr. Bergstrom has epilepsy and cerebral palsy and is on welfare. Attached is additional information. DFF:kaz Attachment n Action bz � jj Agenda Number Modifill Rejecte Date MEMORANDUM TO: City Manager FROM: Finance Directors i RE: PARAMEDIC BILL - APPLICATION FOR CANCELLATION DATE: December 14, 1988 An application for cancellation of paramedic ambulance service charges has been received from Kevin Bergstrom. This individual was taken to St. Paul Ramsey Hospital on August 28, 1988 for treatment of thumb and elbow injuries suffered during a fall while walking. Mr. Bergstrom has epilepsy and cerebral palsy and is on welfare. Attached is additional information. DFF:kaz Attachment 4 t1 APPLICATION FOR CANCELLATION OF PARAMEDIC AMBULANCE SERVICE CHARGES NAME OF APPLICANT • ADDRESS OF APPLICANT: CITY .e p . STATE �r� ZIP { A — I PATIENT'S NAME: DATE OF SERVICE: TOTAL CHARGES: REASON FOR REQUEST: l� Financial Hardship (fill out reverse side): Z _-- -Y Other: �4�2 ems: /9d`�- c / {' i - ce .Cy✓ Hf(4 l 987 F� fc.He I certify that the income information . 1 have supplied on this application is true and accurate. Signed: ,m Date: a� m7 i .Cy✓ Hf(4 l 987 F� fc.He I certify that the income information . 1 have supplied on this application is true and accurate. Signed: ,m Date: a� m7 ^ NCOME INFORMATION _ s an amount received from ti following sources by any Resident:. 'INCOME mean Y mmissions, bonuses, Ag Any Public Assistance, including but not kmited to welfare, AFDC. SSI, and Unemployment Compensation • Pensions and Annuities, including PERA and Social Security • Estate or Trust income • Gains from the sale of property or securities • Salaries, mcludmo ce overtime pay and tips • Interest and Dividends • Rental income • Business Profit — for selfemployed Individuals, including Farmers • Payments received from properties being sold on Contracts for Deed • VA Educational Grants List all residents of your household.e all income r which y household can reasonably expect to receive during 1) income listed should includ the next 12 ntnnths. y) "RESIDENT" means n who is claimed other dependent for income tax purposesold for at least 9 months o the y NAME OF AGE OF INCOME OF RESENT RESIDENT RESIDENT (per month) KEVrr BE�CSrgcm s zo3. e SOURCE OF INCOME licable) (including employer's address, if app y ear �3a //.:7-) 'TOTAL INCOME: 23 —per month Zy36 �iJ Pe r y 1 l: 1, L t t_ i L Ci f r , S. N 4�� / ,2& /j7 /✓ SSlcy e B�Z?O� — �' � iluvrsc�eiv 88 Am a �" .�iYa2 IC Jtue�✓ -�� ei' ee t , /n Penv+/2017-7 I. AGENDA ITEM �— AGENDA REPORT f TO: City Manager FROM: Assistant City Engineer SUBJECT: Boxwood Avenue, Project B7 -19 -- Change Order One and Two �a +e DATE: December 19, 1988 Enclosed are two proposed change orders for Boxwood Avenue- - McKnight Road to Dorland, Project 67 -19. Change Order One in the amount of $4,903.9 2 is due primarily to water utility related field changes. Change Order Two is a change of final completion date without increase of cost. The delay in completion date will allow for more suitable weather conditions for placement of final bituminous wear course. It is recommended that each change order be approved. jw Enclosures a e 4 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers - Architects - Planners St. Paul, Minn. Dec. 15 19$._, Comm. No. 9224 Change Order No. 1 "_ for Manlewgg�, Minnesota You are hereby directed to make the following change to your contract dated Seot 12 , 19 88 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (deereese) (no$- ehange) the contract sum by Four Thousand Nine H undred Three and 92/100---------- -- ---- Dollars ($ 4.903.92 ). The purpose of this change order is to pay the contractor for Items of extra work which are summarized on the next page. itemized breakdowns are attached. Net Change Order Amount of Original Contract Additions approved to date (Nos. - Deductions approved to date (Nos. Contract amount to date Amount of this Change Order (Add) Revised Contract .Amount (Bedaet) (Nof- Ghanged) Da to Approve ake Area Utility rn ntrnctina Contractor By Date + $4,903.92 l of TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED , By a Larry Bohrer, P.E. White - Owner* Pink - Contractor* Blue - TKDA* Yellow - Field Goldenrod - Department Green - TKOA Main File *Only copies needing signatures. Boxwood Avenue (87 -19) Maplewood, Minnesota Commission No. 9224 The following are Items of extra work: 1. Weld 24" DIP casing pipes together per Water Utility Inspector E 148.60 2. Excavate and remove gaskets from WM plug after testing per Water Utility Inspector 0 E 459.99 3. Furnish and install wood saddles on water pipe Iald thru casing per Water Utility Inspector $ 331.90 4. Excavate existing water valve at McKnight Road per Water Utility Inspector to verify that it was tied to main so that customers would not have to be shut off. Excavation difficult due to three telephone cables In the way. $ 310.69 5. Construct blow-off manhole on watermain interconnect per Water Utility plan review. Review was received after bids had been received. $2,042.42 6. Existing water valve on McKnight Road would not hold test pressure even though it held normal system pressure. Contractor had to cut line 'and insert a plug to test against and then reassemble pipeline after testing. $1,067.02 7. A pile of scrap Iron was found on the right -of -way. The Contractor loaded and hauled the scrap Iron to a Junk yard. $ 93.30 8. Remove and dispose of nine stumps and two additional trees that were not part of the clearing and grubbing bid Item. Net Change Order + $4,903.92 /I - .J—P, at QQ - 0Vy o� ,a ., • I . J >a s / ? i �._., ter - (Jkf5 J6 11 - f t'ou If'Me� [a /lou ¢ �U L /af! s;,C'iiILS Ch y_ �R f �inl. - S/ — - - — 1 /7' Y- 1�AC r d o r !A lW PA4 - — _ — _ AID a k / To.✓ �f/ /'nmf�f CS DI� �0 1 / -- -- �_— — F.cC / S.a.rn 0,96 4-Q A!YD C:fns,JT — — _JIJ _ CRM PER - 7-Mrtt -- — �J.l,l l..( l �5-- aj e_ — _ 8lAckTh Kotrte_ _ _ 1 r »m 7R.A 'A ce 'we ^ — F�5eg1_cg Crt - S e-ly s — — �L Cll �— `KI LL JA /Ze 1a n E l(l � — 31 — — t>�.�... Lam �c� phi M/l�se /aL o ° = 'Ta✓L%l,r c &I or-9 T - - <_ // A/C 1> _ 11 1n-ire n. .1 . 11 qs9. 7? WAWSMAK ■�■ t i �. ■ It ►i r • ar . IF Ala'" i .1 . 11 qs9. 7? / A u T_ �. dk All -ON//C l - 11,, ..,T // 33/. Yo A»Pa ss axrRflE 7 — GCAr R7 c.p F /CL S.o/rA - - C � iii -- — - —._ _fL — (FQU I PM cA da Iron e �..5 d o5 -- — 17'X -i?AC K: dos — — _— - /.0.X a>u�m P r� Ax '7 u.rnP - -- C7 -A1� �s/Tn.✓ �tickuP AA - p Lktt — �S — (1)HSFI£a — g ory'T) M - /RmPvP- TkRT F f/novn - �l�.r P ie- -- - - -- - — _ — C,• /1/ u ; ; ( . / i�: ,'1....,1)t, l yr v� F C - - - 3CACkroP ' lo - iACr I lzlf-L OKd 2y: 33/. Yo -� 1 c/JO //en- - —t - -- des raz- .ro (FQU I PM£n'T £a dou ¢ L — s C iJ � G � — E� l o I 5 1_2 AC KHof FJ_ &tl C V_ [r! — — - — — Alf 7D Lk m p — _ _ t - — (tJ RSFI�A ' y 9 m e D rLJ ld / nn. 'P cks<P _ _ �? — l9 fle l�nm�f — — -cam (isms ✓'T' — _Ff4 i'� rr_ CAL zit I/ f mOFn- zl am P te_- — 1 3"4)A7FA IaMP — _ — l3CAckroP E Uk �- - C _ -D7 Le IJoCe OKd :By. I.— ,cr,rru y/V•m I :.-f .i_ I � It ¢I� — Cr/3 II�RMt �— .j(� . 1177 /+ _ enK_R£1E�� E --- _ - -- u - - II14 IL r Y 4' o 97 i 2— = % 0 2 ,1 1) J o K d W: ,'l I /... A r• D Ul:, I 7i 14 ---- J 1 7 �— 13y _r2?4l --__ e — 1 7 7, ,, n-n M .—I Ic2fl--'WOR f m • 1 SX 0 &Z ?M— ilk cz b. O cj SX 0 &Z 1,e-) 0 cd JA — flf— /to R /lout. v ? 0 .. cj J - ZL 7 AIAM 4 ilk' f" LY 4a -- 1074( All m Ppe - 7n(,? rf �tMf t QL�C D 7L 3 -- PcA&j(0 1,e-) 0 cd JA — flf— /to R /lout. v ? 0 .. cj J - ZL 7 AIAM 4 -- 1074( m Ppe - 7n(,? rf �tMf t QL�C D 7L 3 -- PcA&j(0 1,e-) 0 cd JA — flf— /to R /lout. v ? 0 .. cj J - ZL 7 . 1� — T uct 'AN oa, 09J AIAM 4 -- 1074( �tMf t QL�C D 7L . 1� — T uct 'AN oa, 09J _ 17'X- P K imer2= _- ��LL9 -SIGNS rd Mol OIL- r't � f t - - -� --te own?IIE _ lcL2�t fir, _✓+� ._. 2ct_r ,tL�sc Of v y. rp! — _ — Mol OIL- r't � f t - - -� --te TOLTZ, KING. DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers- Archltects- pjanners ngi ne ers- Archi - Planners 5 19 Comm. No. __922-4— Change Order No. .�--- Minn.' St. Paul, To for — dated e our for contract of lowing change of Y thereby is eke the f and the work affected Change will directed to m This - - -- You are here Change Order by 19 $L• The change cov en an ati ons and an Sum by e e contract St 1p ) the contract to all (not change -- DOI1ars ($ subject eaee) - ---- ---- --- - -- ({nereese) (dear- --- - -- -- - - - -- tc allow der is to extend the contract time The of this chang wearing course to s be complete 1988. The purpose was November 1, turf restorati 9 The and the original us letlon date w ing of 1 tio n d ate is.june 1, 1989• the spr �mpletio proposed r . ice No change in contract unit p . no A'; 9.2 $ + H10- Amount of Original Contract 3 = ;3 4 1 2 Additions appr ,,ed to date (Nos. Quad to date Changed $ Deductions aPPr date (gedriet) (Not Contract amount ChanAm ge Order (Add) Amount of this ount DjVALL, ANDERSON TOLTZ, KING, IN CORPORATED Revised Contract NO ASSOCIATES e owner Approve Date By Apprpye a Contractor Date ey A BY hr r, P.E. Larry D white - owner* Pink - Contractor Blue - TKDA* yel Goldenrod - Departm Green - TKDA Main File 0only copies needing signatures. RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 87 -19 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 87 -19 Change Order 2. NOW, THEREFORE, HE 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 2. RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 87 -19 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 87 -19 Change Order 1. 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 I. E - / MEMORANDUM Action by Council: Enlorsed Mo i`ied._. Rejecte Da To: Michael A. McGuire, City Manager From: Robert D. Odegard, Director of Parks and Recreat Subj: Park Availability Charge (Commercial and Industrial Property) Date: December 13, 1988 The Maplewood City Ordinance No. 590 Sec. 21.67 indicates that the developer of any tract of land in the City which is to be developed for commercial, industrial or like uses, shall dedi- cate to the public for public use as parks, playgrounds or public Open Space, such portion of his development tract equal to 7% with said rate to be reviewed annually in December. Recommendation It is recommended that the City Council continue the Commercial PAC Charge at 7% for 1989. c: City Clerk E - // AGENDA REPORT Action by CoIu:cil: To: City Manager Michael McGuire Endcr"ed From: Director of Public Safety Kenneth V. Collins Modified-_ Subject: Budget Transfer — City Hall Utilities Reiected Date: December 16, 1988 Date® Introduction The City Hall Maintenance Account is approximately $10,000 short for 1988. Background The projection of the required utility expenses for City Hall, 1830 East County Road B. has been inadequate. This is due, in part, to numerous heating and air conditioning problems as well as lack of experience in this building. I am requesting that $10,000 be transferred from 101 - 504 -4320 (Public Works Building Maintenance Fund) to 101- 110 -4320 (City Hall Maintenance Fund). This matter has been discussed with the Public Works Director, and adequate funds are available for this transfer. Recommendation That, upon your review, this matter be submitted to the City Council for their approval. KVC:js Z 7 - - /.. MEMORANDUM To: Michael McGuire, City Manager From: Pauline Staples, Assistant Director Re: Maplewood In Motion Publication - Budget Transfer Date: December 0, 1988 I would like to request a budget transfer from the General Fund Contingency Account in the amount of $610.00 to cover the over- run cost to.produce the last issue of Maplewood In Motion The 1988 budget for the publication was $10,920.00 and the total for printing and labels came to $11,530.00: $610.00 over budget. Recom mendation It is recommended that a $610.00 budget transfer from the General Fund Contingency Account be approved. Council Action It is recommended that the City Council: 1) Approve a $610.00 transer from the General Account to Account 101 - 111 -4360 for payment I not ion. Fund Contingency of Maplewood c: Director Odegard MEMORANDUM TO: FROM: SUBJECT LOCATION: APPLICANT: OWNER: PROJECT: DATE: City Manager Thomas Ekstrand -- Associate Planner Conditional Use Permit English Street and Highway 36 Marcor Properties, Inc. Raymond and Marylyn Rockholt Maplewood Convenience Center December 9, 1988 SUMMARY INTRODUCTION Request The applicant is requesting approval of a conditional use permit (CUP) for a 26,125 square -foot retail convenience center with fuel service. Refer to the letter on page 11. Reason for the Request Code requires a CUP for commercial uses in M -1, Light Manufac- turing districts when the property is designated for LSC, Limited Service Commercial in the City's comprehensive plan. A CUP must also be obtained since this development would be closer than 350 feet to the residential district across Cope Avenue. BACKGROUND On November 23, 1987, the City Council denied a land use plan amendment to SC, Service Commercial for the north 250 feet of this property to allow a Super America station. The City Council also tabled SA's request for a conditional use permit. SA subsequently withdrew their request. On October 25 1986, the Community Design Review Board condition ally approved plans for this project. CRITERIA FOR APPROVAL Subsection 36-442 (b) requires that approval of a CUP be based on the ten findings in the resolution on page 26. DISCUSSION (Screening and Traffic Flow) With proper screening along Cope Avenue, this project should not have an adverse effect on nearby homeowners. The Community Design Review Board required a row of B1ack,Hills Spruce along Cope Avenue planted five feet on center to provide a thick buffer. a The potential increase in traffic along English Street should be relieved by the lane restriping required by the Review Board (see page 10). The Cope Avenue access would create additional traffic along Cope Avenue, but should not be excessive since this would be a back entrance to the site. Deliveries and trash pickup should be restricted to specific daylight hours to avoid early- morning and evening noises from disturbing nearby residents. RECOMMENDATION Adoption of the resolution on page 26, granting a conditional use permit for a retail convenience center at the northeasterly corner of Cope Avenue and English Street. Approval is based on the findings required by code and subject to the following conditions: 1. Adherence to the site plan dated September 13, 1988, unless a change is approved by the City's Community Design Review Board. 2 Gas sales shall be limited to two dispensers on one island. There shall be no vehicle repair or maintenance. 3. No drive - through restaurants shall be allowed. Restaurants, where there are no drive -up order windows or serving of food to patrons in their automobiles, shall be allowed, subject to complying with parking requirements. 4. There shall be no outside storage or sales, except fuel. All discarded materials must be kept in proper waste containers and screened within enclosures. 5. External speakers shall be directed away from the dwelling units and the sound shall not exceed fifty decibels (normal conversation level) at the residential property line. 6. Deliveries and trash pickup shall only be allowed between the hours of 7 a.m. and 6 p.m. 4 CITIZEN COMMENTS Staff mailed questionnaires to the 28 property owners within 350 feet of this site for their comments. Of the nine replies, one was in favor, two had no comment, one had a miscellaneous comment and six objected. In Favor Comment I am in favor because of convenience and service. Miscellaneous Comment The more industry - -our taxes should go down -- "WHAT A JOKE" Objections 1. Don't want 24 hours of cars and convenience stores near residential area. Would prefer office /professional building. 2 • Refer to the materials on pages 14 through 16. This home owner offers suggestions for his preferred development alternative and raises issues concerning traffic congestion, marketability of the project and decreasing property values. Staff Comment: The City cannot prohibit a business or use based on the abundance of similar uses in the area. Traffic conges- tion on English Street at Highway 36 should be alleviated by the proposed striping plan on page 10. The Ramsey County Assessor's office has stated that it is possible that residential properties directly adjacent to commercial development may not increase in value as quickly as those lots further away. 3. Refer to the letter beginning on page 19 which was submitted by four of the neighboring property owners south of Cope Avenue. The issues raised are: a. The eyesore of being able to see the back of the building through the Cope Avenue curb cut. b. The nuisance of lighting glare from the back side of the building. C. The nuisance of traffic commotion and headlight glare due to the Cope Avenue curb cut. d. Lowering the floor elevation of the building. e. Trash enclosures should be kept east of the building. 3 f. Roof- mounted equipment should be screened from view. Staff Comment: The Community Design Review Board required substantial screening to alleviate most of these concerns. The Cope Avenue driveway was required to be moved to the southeast corner of the site to place it in the least objectionable location. It was determined by the Board that there was no feasible location to place this driveway along English Street because of grades. 2 REFERENCE Site Description 1. Site Size: 3.22 acres 2. Existing Land Use: undeveloped Surrounding Land Uses Northerly: Highway 36 and Berg- Torseth Southerly: Cope Avenue and single dwellings Easterly: Corner Kick Soccer Center Westerly: English Street and the proposed English Place convenience center. Past Actions (other properties) 7- 27 -87: The City Council granted a conditional use permit for a convenience store with motor fuel sales at the northeast corner of Larpenteur Avenue and McKnight Road. 8 -8 -85: The City Council granted a conditional use permit for a convenience store at the southwest corner of Highway 36 and English Street. Council required a four -foot tall on -site berm along Cope Avenue and English Street with evergreen plantings and trees on top. The store fronts facing Cope Avenue were restricted to the hours of 7 a.m. to 10 P.M. Planning Considerations 1. Land use plan designation: LSC, Limited Service Commercial 2. Zoning: M -1 Light Manufacturing 3. Ordinance requirements: Subsection 36 -167 (b): No building or exterior use, except parking, may be erected, altered or conducted within 350 feet of a residential district without a conditional use permit. Subsection 36 -187 (a.3.): A conditional use permit is required for any use listed as a permitted use in a BC, Business Commercial district, in an M -1 zone, if the property is designated for LSC, Limited Service Commercial, on the City's comprehensive plan. Subsection 36 -442 (b) requires that the City make ten findings (refer to the resolution on page 26) in order to approve a conditional use permit. bi Public Works To alleviate traffic congestion and facilitate better traffic flow, English Street should be widened and remtriped as shown on page 10. As part of this widening, the signal system loop detectors should be relocated and the lanes should be striped. Public Safety Two means of access to the site should be provided for fire safety reasons. Minnesota Department of Transportation Mn /DOT's twenty -year plan and Maplewood's comprehensive plan (page 7) show the construction of an interchange on Highway 36 in the area of the railroad bridge. All other access to Highway 36, between White Bear Avenue and Highway 61 would be closed and English Street would be bridged over Highway 36. Mn /DOT also recommends moving the English Street curb out farther to the south to avoid conflict with a line of right- turning vehicle waiting to enter Highway 36. mb /english.mem Attachments: 1. Land Use Plan 2. Property Line /Zoning Map 3. Site Plan reduction 4. English Street Striping Concept 5. Applicant's letter dated September 13, 1988 6. Questionnaire response, letter and preferred site development 7. Questionnaire response by Cope Avenue homeowners B. Resolution 9. CDRB minutes 2 o o � o 0 0 V V O 7 d C A C O Z SHERWOOD GLEN LAND USE PLAN 7 Attachment 1 N I P � C = e W o o c 31 I — n N C' 967.'1 --- 3.22ae. 2.99 ae. 1,26 ae. 111 i S) • 3 / R i b 1357 o o c JL 76' G31 2a0't Co O TILT M. M" M M M M• 7 M t! 40' ^ .. d /S C P A D II 179) 1 75 4kD IG'a.1 171.04 9,2 'S ID V 4 N 40 0.: j ir 12 N\0 V 4 C61) 1 � 1 + ♦` �� J 2I (73) ° 2 N � n .oi 19(ls) J I5 b o 59 f 249. G7 . — h � o I i I N L ( 5 1 14 Ti PROPERTY LINE ZONING MAP .8 N Attachment 2 ;zr l0 9 9 G s+ s I iii.. � J f �5r LD4ac. '�i 1 II 10 �I of O ' O' f! � Y a.60 &C. In " N 'ti 2.81 12o a. ��� I�� �57�' 6D li 294 4' SB) .tlSac. '"' 'Ei ' � 1. : �g� 'a� is P �e 13 n u Ii 59) „ �, If Lo N L ( 5 1 14 Ti PROPERTY LINE ZONING MAP .8 N Attachment 2 ;zr l0 9 9 G s+ s I I y IL II 10 t � Y • d 9. r u 12 13 14 Ii If Lo LI L■ I 19 ^ N L ( 5 1 14 Ti PROPERTY LINE ZONING MAP .8 N Attachment 2 y IL II 10 t � � • d 9. N L ( 5 1 14 Ti PROPERTY LINE ZONING MAP .8 N Attachment 2 et kvwon{ Y \ �1U a ll //_ �, Ili �� �' I�� � � ' }' �' � �__ • i � • '� ' �,. �41111� I� ( >I 4 SITE PLAN 9 Attachment 3 4 N /' 3AV 3d0: �1U a ll //_ �, Ili �� �' I�� � � ' }' �' � �__ • i � • '� ' �,. �41111� I� ( >I 4 SITE PLAN 9 Attachment 3 4 N fill rrm I1 II .I I � •I I �� I \ III I �I /.I II I •. 1 I N M A R C O R AOpedics September 131 1988 City Council and Planning Commission City of Maplewood 1830 E. County Road B Maplewood, MN 55109 Re: Proposed Retail Center SE Quadrant Hwy. 36 and English Street Dear Members of the City Council and Planning Commission: Herewith submitted are the applications for Community Design Review and Conditional Use Permit for our proposed retail convenience center at the southeast corner of Highway 36 and English Street. The proposed project, to be situated on 3.2 acres, would be 26,125 square feet in size. The one -story building would contain a mix of service, retail and a convenience food store with self- service gasoline. The building, parking and associated activities would be oriented toward the Highway 36 and English Street intersection. The project orientation and site and landscaping treatment are designed to minimize any intrusions into the residential neighborhood to the south. Our attempt is to create a compatible transition between that residential neighborhood and the heavy industrial /commercial flavor of Highway 36. The applicant and associated designer have successfully developed a number of quality projects. The applicant, Marcor Properties Inc., is currently constructing two (2) neighborhood convenience centers in Chanhassen and Brooklyn Park. In both cases, the projects abut directly to very high quality residences. The challenge in both of these projects was to provide a good buffer area between the residential and commercial properties. The principals of Marcor Properties have also initiated and been responsible for the development of projects such as Edinborough (a mixed -use project in Edina), Energy Park Place in Energy Park in St. Paul, the New Brighton Business Center and the Fridley Business Plaza. 5, Niv -110 Bnuh;vnd 511;1; s '11 St. Inni 1'arR,.11innr<nhl 110 11 01 _'.545;' 1 U_' Attachment 5 September 13, 1988 City Council and Planning Commission City of Maplewood Page Two The applicant would utilize the services of Jackson -Scott Associates as the project leasing and property management agents. Jackson - Scott and Associates have been involved in the development, leasing and management of retail centers that include Bandana Square, Calhoun Square, St. Anthony Main and Signal Hills Mall. With regard to the criteria for approval of a Conditiunal Use Permit, the following is noted: 1. The proposed use is in conformity with the City's Comprehensive Plan and Zoning Ordinance. No variances are needed or requested. 2. The use will not be detrimental to the public health, safety or general welfare. The project shall be designed to meet all current health, building and fire codes. In addition, it is the absolute desire to work with the City to create a good transition to the residential neighborhood. 3. The project shall be designed and maintained to be compatible with the zoning district. The project architects have designed a number of outstanding commercial projects and are sensitive to community desires as well as the needs of the building occupants. The property managers, Jackson - Scott and Associates, are a professional management company that is one of the largest and most respected companies in the Twin Cities area. 4. The use shall not depreciate property values. 5. The use will not be hazardous, detrimental or disturbing to present or potential surrounding land uses. Care is taken in the design to eliminate problems with glare, dust, water run -off, etc. 6. The project is intended to serve present traffic, and the design should generate only minimal vehicular traffic on local streets. The parking provided exceeds that which is required by the zoning ordinances. 7. The property and project will be served by all essential public services and will not create a demand for any additional public facilities. B. The sites' natural features have been incorporated into the project design and the project will have no adverse environmental effect. 12 September 13, 1988 City Council and Planning Commission City of Maplewood Page Three We understand the necessity to have a project that is compatible with the City's desires. We believe the proposed project is well designed, consistent with all guide plan and zoning requirements, and compatible with the neighborhood. We welcome the opportunity to work with the City on this project and feel we will produce a quality project. We would be happy to tour existing projects we have been involved with and would be happy to furnish a list of references regarding those projects and cities where we have worked in the past. We greatly appreciate your consideration of these requests. Should you have any questions, please feel free to call at 595 -2102. Sincerely, �. (jtJ/ �✓Z t � e/ ames F. Winkels Executive Vice President JFW:gk Enc. cc: Raymond Rockholt Mike Scott (Jackson -Scott & Assoc.) Gary Vogel (Runyan /Vogel Group) 13 Httacnment o 14 CITY OF MAPL""W 1880 E. COUNTY ROAD D MAPLEWOOD, MINNESOTA 55109 OFFICE OF COMMUNITY DEVELOPMENT 612.770.1560 September 20, 1988 Roger & Alice Franz 1282 Cope Avenue East Maplewood, MN 55109 NEIGHBORHOOD SURVEY This survey is to get your opinion on an application the City has received to develop property in your neighborhood. The application is for a conditional use permit and Community Design Review Board approval of a 26,125- square -foot convenience center, with two self- service gas pumps on one island. (See the enclosed maps.) The applicant is Marcor Properties, Inc. Your opinion is needed to assist the City staff and Planning Commission in preparing a recommendation to the City Council. Once this survey is completed, you will be notified of any public hearings. Please indicate your opinion and comments below and return this entire letter to me in the enclosed postage -paid envelope by September 30, 1988. If you would like further information, please call me at 770 -4560 between 8 a.m. and 5 p.m. Thank you for your comments. They will be given careful consideration. GEOFP "OLSON, AICP - DIRECTOR OF COMMUNITY DEVELOPMENT mb Enclosure y� I am in favor of I have nB comment. �I object to this propos If you object, describe below or draw on the enclosed map any changes that would make this project acceptable. Project: English and 36 Cente — � ��� •f�t.¢. - �i�u- anc.,.rs.. � fc�t. °- *�:.�wrve_on. , Economically There is a small convenience center under construction across the street from the location of this proposal. Another center of 25,000 square feet is under construction just north of the Mapleridge (Rainbow) Center. Polar Center across from the Target shopping complex comprising 40,000 square feet is under construction and well along. Another strip mall which proclaims on a billboard 5 anchor tenants, is proposed at the far west entrance to the'Maplewood Mall on Beam Avenue. All these centers are easily accessible, which enlarges their trade area, and are located next to or near a mall, shopping center or large retail center (Target). Noting the real estate "for Sale Commercially Zoned" signs along White Bear Avenue, there are probably more "convenience centers" under consideration. In summation, the smart business operator would shy away from the proposed center, which is easily accessible only to the mile or so of English Street collector traffic. Hazardous Traffic The peak traffic periods at this center would probably be during the morning and evening rush hours when those who use English as an access to or exit from Highway 36 and some east or west bound commuters would avail themselves of this facility. Typical situations encountered would include traffic turning left to Highway 36 from the English Place (Century Companies) complex encountering traffic turning left or right onto Highway 36 southbound or turning left into this new complex. Exiting traffic from this complex back to Highway 36 westbound or English southbound would, during rush hours and often during off peak hours, be blocked by traffic held up by the signal light. Should a waiting driver wave this southbound driver through it would make that car vulnerable to 15 Page 2 being hit broadside by either a left or right turning car heading southbound on English from Highway 36. This is a more than average probability as many cars turning off the highway either from the west or east are accelerating to go up the English hill. A detailed traffic study could pinpoint additional hazardous situations. Property Deprec A complex such as this which is visible from windows of the houses on Cope and located Just across the street from those houses becomes a depreciating factor to the values of the houses. The coming and going of inventory delivery trucks, trash and garbage hauling several days a week, the sounds of cars starting, and cars driving in and out of the complex through the driveway on Cope would lower property values further. Also, when the wind is right, there would be a smell of restaurant cooking. utilization This is an ideal location for a dual use as an office building and child care center. It's a very conspicuous.location which makes it easy to give directions to find it and easy to get to it without contending with having to find an access road. Its direct access to the metro freeway system makes for about a 10 and 15 minute travel time to the 5t. Paul and Minneapolis downtowns respectively and about 25 minutes to the airport. These favorable factors would be important equally to an office building and a child care center. In addition, being able to quickly get off the highway and back on would be a plus for drop offs and pick ups at the child care center. 16 a Page 3 Environment and Plan Economics A three story office building will look impressive and will hide the ugly vent - cluttered roof of the Torseth building from the view of the for about ]0,000 square feet houses on Cope. Three stories will allow of lease space per floor to permit a competitive rental rate. Also, a multi -story building has more status appeal to some renters which could lead to quicker leasing and longer term tenants. placing the child care center at the Cope end of the plot will make for a smoother transition from a residential area to a commercial area. Also, this building Portion of the level a and n some t tree With the rest of the property below plantings, a substantial part of this area would be hidden from passing traffic and most of the affected homes on Cope. A parent seeing the.residential nature of Cope might be more inclined to use the child care facility than one in another location. of iceo tenants would see advantages to this center for their employees, so degree these two would complement each other and further the chances of a financially successful operation. 17 Ad ". .. yrpicrFS .j _ N .3c. i3ur�orv�•, 7-7 500 ad II "t ' �. ,. ^_'v it . I sete�cK ,/ A f ' NV 4t Oy 4� e0 lQ ; 33r I 0 b pvy r d aag K ONE � TIRY Y e�. L 7 CNrao ehRe FLIn,rAI:tA 1 I _ f ' t ��y w.N4 nR[a V/ �- 18 iu ,14 o - I . I sete�cK ,/ A f ' NV 4t Oy 4� e0 lQ ; 33r I 0 b pvy r d aag K ONE � TIRY Y e�. L 7 CNrao ehRe FLIn,rAI:tA 1 I _ f ' t ��y w.N4 nR[a V/ �- 18 10 October 1988 Mr. Geoff Olson Director of Community Development City of Maplewood 1830 East County Road 8 Maplewood, MN 55109 Dear Mr. Olson: This letter is written in response to the neighborhood survey (dated 20 September 1988) initiated by the City of Maplewood in response to a proposal by Marcor Properties, Inc. At issue is Marcor's proposal to develop a shopping center on the southeast corner of Highway 36 and English Street. This response is being submitted past the due date as specified in the 20 September 1988 letter, but you informed one of us by telephone that our comments would still be considered. We write as a group of property owners with shared reactions and con- cerns. We are the four property owners living directly across from the proposed development on Cope Avenue. It is our properties that will be most directly affected by the Marcor proposal. General Comments The area in which we live has undergone profound change in the last 30 months. An understanding of the changing character of this neighbor- hood is essential to a valid evaluation of the proposal. In the last 30 months the neighborhood east of English Street and south of Cope Avenue has changed from mostly vacant property to a new residential neighborhood consisting primarily of young, first -time homeowners. This development has been important for Maplewood. The modern, well- designed and maintained homes in this area have boosted the aesthetic appeal of the neighborhood and the city. The influx of mostly young new residents is both a result and in part a cause of Maplewood's astounding recent growth as a residential and business center. In short, this neighborhood is a most important part of the "new" Maplewood. It would be a tragic mistake for Maplewood to allow the aesthetic appeal and quality of life of this model neighborhood to deteriorate. Those of us living in this neighborhood are primarily young, first - time homeowners. As such, we tend to have a substantial financial stake in our property values. Any deletarious impact on the value of our homes could have severe consequences for some or all of us. Thus, it is absolutely imperative that this development not be allowed to negatively impact the value of our property investment, either by lowering the market price or by attenuating the pool of potential buyers.. We note that the developer has stated in the proposal that , 19 OCT 10 1988 Attachment 7 Mr. Geoff Olson 10 October 1988 Page 2 'The use shall not depreciate property values." We seek assurance beyond that boilerplate statement. A predictable consequence of the demographics of property owners in this neighborhood is that the number of children will increase over the next few years. As a result, one of our most important concerns is that our neighborhood be a safe place and one that has the quality of life that is afforded by maintaining a residential character. These general concerns in mind, we find a number of flaws in the Marcor proposal that will negatively impact the aesthetic appeal, market value, 'safety, and quality of life of our neighborhood. These flaws are not insurmountable, and we make suggestions below to correct them. We also suggest a number of provisions that may be made part of the conditional use permit to ensure that the development is properly operated and maintained on a continuing basis (we strongly suggest that this conditional use permit be granted on a yearly basis by the Maplewood City Council). Our suggestions follow. Specific Comments The Cope Avenue Driveway The inclusion of an entrance to the development from Cope Avenue is entirely unacceptable for several reasons. One is simply that it will cause an eyesore for those of us who must look directly into the back of the proposed building through the entrance. The driveway will greatly increase traffic on Cope Avenue, and thus cause the attendant safety and noise problems for our neighborhood. It is not unreasonable to predict that traffic on English Street will result in more persons using the Cope Avenue driveway than the devel- oper expects. This driveway will cause incredible light glare into the residential neighborhood. Vehicles leaving the shopping center through this driveway will shine their headlights straight into the front windows of homes directly across the street. Lights on the back of the buil- ding will also glare through the driveway directly at the homes across from the building. It is difficdlt to believe that this driveway is critical to the oper- ation of the center. Having been told by representatives of Marcor Properties that this development will not attract steady streams of dense traffic, there seems to be no reason to include the driveway on Cope Avenue. Service vehicles can use the front driveway, and it bears mention that our informal inspection of similar centers shows 20 Mr. Geoff Olson 10 October 1988 Page 3 that relatively few have a back entrance. The Cope Avenue driveway is thus entirely superfluous for the developer and deletarious for the neighborhood. It must be removed. 2. The Landscaping Transition To maintain the aesthetic appeal of our neighborhood, it is critical that this development be solidly blocked from the view of our homes. The developer's plan suggests that attention has been paid to this concern through means such as landscaping. We believe, however, that the developer has greatly underestimated the amount of this develop- ment that will be clearly in view of our homes. For example, the sight line drawing provided by the developer is highly misleading due to (a) the downward slope of Cope Avenue, and (b) the fact that our lots are sloped such that our homes rise above the Cope Avenue eleva- tion. The practical effect of this is that one of our homes will look down onto a parking lot and roof and at least two of the remaining homes will look across and /or up at that same roof. This is unaccep- table to us, and we offer some suggestions for improvement that do not impose either undue financial consequences or decreased business ex- posure for the developer. The suggestions pertaining to landscaping follow in this section. We believe that an earth berm should be constructed along Cope Avenue and continued for at least a short distance down English street. This berm should be of sufficient height to hide the development from view of our homes when the trees are planted on top of it. This berm will also help provide an important sound buffer. We are concerned that the row of trees proposed will not provide a solid buffer. A denser planting of trees, perhaps with two staggered rows, should be considered.. Taller trees should be considered as well. In addition, the cluster of trees at the corner of Cope and English should be buttressed with more and taller trees to better hide the parking lot.' We would like the existing trees on the southeast corner of the devel- opment kept to the greatest extent possible. These mature trees can greatly add to the buffering effect. 3. Building Elevation The buffering effect can also be enhanced by lowering the floor eleva- tion of the tion of Highway l 36 n as possible yet t still Provide s close ideforaesthetic appeal and proper drainage. 21 Mr. Geoff Olson 10 October 1988 Page 4 4. Service Area /Trash Enclosure Adjoining Cope Avenue The design plan calls for a rear -of- building service area and trash enclosure along Cope Avenue. We find this-- especia77y the trash en- closure-- unacceptable. The trash enclosure should be moved to the east end of the lot, far enough away from Cope Avenue to avoid odor and noise being a nuisance to our homes. 5. Aesthetics of the Roof At our meeting with Marcor Properties, its representatives agreed to shield all top -of -roof equipment from sight. We urge that this indeed be carried through. 6. Colors /Materials of Building This development must be aesthetically attractive. The developer nas devoted attention to this, including for the back of the building. We applaud the proposed use of attractive, layered building materials for diversity and aesthetic value. We ask that the City work with the developer to achieve the best combination of materials and style that will blend in with and enhance the attractiveness of the neighborhood. We also ask that the developer review any design changes with.us be- fore proceeding. In the meeting with Marcor Properties, one of us expressed concern about the accent coloring scheme to be used for the building. Planned is a rather bright red that is entirely too reminiscent of "Target Store Red." The Marcor representatives stated their willingness to consider other more natural colors, and we hope that they indeed choose accent colors that will better blend with the surrounding area. 7. Sign /Light Glare While the enhanced buffering that we have suggested will help, we are still concerned that the lights from this 9 evelow ilt g lare i nto t he area of our homes. This is true of si ns, parking and rear building lights. We ask that all lights be directed downward and e that the placement of lighting be prudently p l a nuisance for our homes. a. Public Address Systems There developmentdoreany address locate within. for this 22' Mr. Geoff Olson 10 October 1988 page 5 9. Restrictions on Business Operations The proximity of this development to the residential areanmakes it operations necessary to place reasonable restrictions on the types of businesses that may locate within. We are concerned that certain types of businesses will pose direct threats to the safety and quality of life of the neighborhood. The following restrictions are s ug as part of the conditional use permit: A limitation on operating hours. There should be absolutely no 24 hour businesses allowed, and we urge a reason re tion on operating hours beyond that (we su99 The following types of businesses should be strictly prohibited: (a) Any type of "massage parlor ", "escort service ", or other business that is commonly known to be a front for prosti- tution. (b) Any business which generates more than .5% of its revenues from the selling or viewing of sexually explicit material. In essence, we wish to block any business that sells a pornographic product, but recognize that a convenience store will probably want to include a small selection of soft -core magazines such as Playboy. (c) Any seller of liquor dispensed by the drink for consump- tion on the premises. (d) Any business w video o ga e), including devices operated n with o device e.g., ool tables). tokens or on a time basis (e.g., p Beyond these specific restrictions, we urge that the condition- al use permit include a provision that no business shall be located in the center which causes nuisance or hazard to the surrounding neighborhood. A limitation on the hours of the back of the businesses. We suggest ted to the hours of 8 am to 5 pm on weekdays and 9 a garbage t ol 5 ec m o n weekends. This should especially apply o tion. 23 Mr. Geoff Olson 10 October 1988 Page 6 10. Security There d. some concern We strongly suggesthrequirdinggthat w the building be boyhood. suggest with a security system or that some other measures be taken (e.g., security patrols) which have been demonstrated to act as a deterrent to crime. 11. Continued Upkeep We believe it reasonable to include as a provision of the conditional use permit that the development be fully maintained. The building should be kept in good repair with continued attention to aesthetic appeal for the neighborhood. The grounds should be kept free of lit- ter and refuse. Finally, the landscaping should be attractively main- tained, including the immediate replacement of any trees which deter- iorate or are lost. This completes our specific suggestions. Before closing, we would like to address one additional general issue. Adequacy of Utilities /Services /Facilit In his meeting with you, Steven Lammlein was informed that as part of the review process for this development the City of Maplewood would conduct studies on the adequacy of existing sewer, water, and drainage facilities and the viability of existing streets to serve the project. We are assuming that this is in progress and expect the results to be ` made available to us before the public hearing on this development - -as you agreed to. We are particularly t pgad concerned the streets (including addingesidewalks special assessments to u and /or curbing) and utility facilities to accomodate the demands of this project. Such an action would l of this grossly unfair to the needs a de- for mand that, as part of the app additional upgrades that result from it be realistically estimated up front and borne by the developer. tbears mention t hat the developer has stated in the proposal, 'Theproperty served by all essential public services and will not create a demand for any additional public facilities." This must be verified. We are also about the impact do not want app We English Street or Cope Avenue to accomodate the traffic. This would city personnelronithis anticipate public hearings. reports of rings City p 24 Mr. Geoff Olson 10 October 1988 Page 7 Thank you for your attention to these matters. Members of our group continu w ill be in this proposal. Wedo con askthat k t l t keep us p ro g ress ignificant events. Copies of this letter are being sent to our City Council representa- tive and to James Winkels of Marcor Properties. Sincerely, Steven Lammlein 1308 Cope Avenue East Brenda Robinson 1318 Cope Avenue East C% ✓'L'� James /Luanne Gr alish 1326 Cope Avenue East Q om, -, & John /Anna Roberts 1332 Cope Avenue East 25 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 day of , 1988 at 7 p.m. The following members were present: The following members were absent: WHEREAS, Marcor Properties, Inc. initiated a conditional use permit to construct a retail convenience store at the following - described property: W 398' of So. 1/2 of N.W. 1/4 of S.W. 1/4 (subi. to Hwy. & roads) in Sect. 10, Twp. 28, Range 22 Ramsey County, MN. 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 December 5, 1988. The Planning Commission recommended to the City Council that said permit be 2. The Maplewood City Council held a public hearing on , 198 . 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 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. 26 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafetccess or parking needs that will cause undue burden to the area proper. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. g. 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 1. Adherence to the site plan, dated September 13, 198e, unless a change is approved by the City's Community Design Review Board. 2. Gas sales shall be limited to two dispensers on one island. There shall be no vehicle repair or maintenance. 3. No drive - through restaurants shall be allowed. Restaurants, where there are no drive - up windows or serving of food to patrons their automobiles, shall be allowed subject to complying with parking requirements. 4. There shall be no outside storage or sales, except fuel. All discarded materials must be kept in proper waste containers and screened within enclosures. 5. External speakers shall be directed away from the dwelling units and the should shall not exceed fifty decibels (normal conver- sation level) at the residential property line. 6. Deliveries and trash pickup shall only be allowed between the hours of 7 a.m. and 6 P.M. Adopted this day of 198 . Seconded by Ayes- - STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD ) 27 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 forego f Maplewood, he9deonr of minute the day of a f r egular meeting of the City o fice, and the , 198 , with the original on file in my of same is a full, true and complete transcript insofar as the same relates to a conditional use permit. Witness my hand as such Clerk an corporate seat of the City this day of City Clerk City of Maplewood C1'..1 • MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA OCTOBER 25, 1988 , I. CALL TO ORDER Chairman Moe called the meeting to order at 7:00 p.m. II. ROLL CALL Donald Moe Present Tom Deans Absent Jim Kochsiek Present Roger Anit:berger Present Marvin Eric►::son Present III. APPROVAL OF MINUTES A. October 11, 198e Board Member Kochsiek moved approval of the minutes o* October 11, 1988, as submitted. Board Member Ericlr.son seconded Ayes- -al IV. APPROVAL OF AGENDA Board Member Anitzberger moved approval of the agenda ar- submitted. Board Member iCochsiek seconded Ayes. - -al 1 V. UNCINISHED BUSINESS VI. DESIGN REVIEW A. Project Introduction Maplewood Crossing Bruce Peterson, president Company, and Jim Filippi, Engineering, were present on the Maplewood Crossing Filippi gave a presentatii and discussed these plans Of Security Development president of Northstar at the meetinc an consultanl_" shopping center project. Mr. m of the plans .for the center with the board members. B. Plan Review - Maplewood Convenience Center Jim Winhels of Marcor Properties, John Kohler and Gary Vogel, architects on the project, and Mike Scott of Jackson Scott and Associates, were all present at the meeting. Mr. Winkels said they would prefer that the landscape screening along Cope Avenue include fencing along with some trees. Mr. Wintzels also said he was 29 Attachment 9 It I It Community Design Review Board - Minutes 10 -25 - BB concerned that the slope of the access road on English Street would require that the entire site be raised five f eet . Gary Vogel, an architect an the project, presented additional information on their concerns with the hetnpcc` of the access road on English Street and, also, for a curb cut access on Cope Avenue. Gary Gerk:e, 1262 Cope Avenue, asled the applicant for information on the materials to be used on the ce^te"'• Mr. Winiel said he would be wilIIngto wirl wi t h anr :' neighh•r ^s. w ho would be a44ected by h try to resolve that problem with some I:ir.d of screeninv. Mike Scott, leasor for the conve - . ence cente•, said most 04 the stores in this center would be cicsed by 10 p•,i.• and there would not be any 2 -hour stores t0: in t! center - goard p"em:,er Kochsietr moved approval of the site plan date- stamped Dctobere131y o 19BB84e?nthe LMaplewc 'evation : COnVenie'oCe Center, subject to: 1, Approval o1 plans by the Community Design Review p ,� -r a building Pe-fl:.! pe'. -' Board does not. constitute approve - All trash dumpsters shall be stor - ed in scchalr , enclosures with a 100% opaque wooden gate and L0101 and material compatible with the buildinq. sterl Enclosures shall be protected by concrete - filled pr ^.-,t.;, r.• the equivalent, anchored in they yruur +d at t.hr J ^ont corners of the structure. 14 the enc doyr re i�• masonry, the protective posts may be 3, All exterior building or roof -tDP equipment shrrOl tj decoratively screened and hidden from viers, either by VIP building's parapet or by additional screening units- Special attention shall be given to screening roof - mounted equipment from the homeowners on Cope A enue• A , screening shall be subject to Board app 4. An erosion control plan, acceptable to the City Engineer, shall be submitted prior to the issuance of a building permit for erosion control during construction. 5.. Parking areas shall be striped and all bituminous areas shall have continuous concrete curbing. F•arl :ins` lots shall be kept in a continual state of repai - '- 30 Community Design Review Board -3- Minutes 10 -2 -BB 6. If construction has not begun within two years of approval, Board review shall be repeated. 7. Site security lighting shall be provided and shall be directed or shielded so not to cause anv undue glare onto adjacent properties or roadways. Security lightin? fixtures on the south and southeast sides of the building shall not be wall mounted. These lighting fixtures mu=_=t illuminate this back portion of the sitp by lighting standards erected across the parl::ing lot and aimed towards the building. B. If any adjacent property is disturbed or property irons removed due to construction of the site, that. property shall be restored ar irons replaced by the applicant. 9. Grading, drainage and utility plan=_ S;hal.i be Sub,--t Lo the City Engineer's approval. 1.0. The site clan shall be revised for staff ap--ova', ae 401 1 ows : a. The 20 -400t dr -iveway west o£ the gas pump island shall be widened to 34 feet tc fa�:,litat!- two -way traffic and a service lane at the pump lsl anc . b. The curb cut along Cope Avenue shall be allowed ane' shall be located in the n.r:.hcar:.t corner. It shall be reviewed by the neighbp� and shall then be submitter to staff for approval 17. The landscape plan sha be revised for Board approval as follows: a. There shall be no trees or shrubs planted within a 25 -foot sight trrianglP at bas .h intersections or within the right- of -wa.v. b. Additional Black Hills Sprucr shall be adds( along the Cope Avenue frontage to form a row cf trees planted five feet on center. C. The second entrance drive along English Street shall be landscaped the same as the proposed driveway. d. The plantings proposed along Highway 36 shalt be planted with trees or a combination of trees and shrubs. 31 It Community Design Review Board -4- Minutes 10 -25 -88 e. The materials and design of the retaining walls shall be submitted. 12. All required landscaping areas shall be continually and properly maintained. 13. ,All required plant materials that die shall be replaced by the owner within one year. 14. All public boulevard that is disturbed due to this construction shall be restored and resodded. 15. Reflectorized stop signs and handicap parking signs shall be provided. 16. There shall be no illuminated signs mounted on the south or southeast sides of the building. 17. The following shall be provided, subject to the Fire Marshal's requirements: a. Three on -site fire hydrants b. "No Parking - Fire Lane" signs posted behind the building C. Building addresses 18. Stop signs and handicap parking signs shall be installed. 19. The shall submit a comprehensive sign plan to the Board for approval. 20. Five - foot - wide concrete sidewalks shall be constructed along Cope Avenue and to the northerly driveway on English Street. 21. The applicant shall obtain approval from MnDOT to drain into the state right -of - way. 22. The applicant shall provide the following items, subject to the City Engineer's approval: a. Additional pavement to provide a north -bound left -turn lane on English Street from Highway 36 to the south end of the southerly driveway. The total width of English Street in this area shall be at least 48 feet. b. As part of this widening, the signal system loop detectors must be properly located with lane striping and directional arrows provided. 32 It Community Design Review board Minutes 1C)-25-BB ^ 3, The applicant shall provide a monetary guarantee, in a form acceptable to staff, in the amount of 1 °U% of the estimated cost of any site improvements that are not completed by occupancy. 24. The revised landscape plan along the top of the retaining plan shall be submitted to the Board Member Erickson seconded shall include a fence wall alone Cope Avenue and Board for approval. Ayes --all C. Site Plan Revision - Heiny Rental Staff explained that the applicant would not be in attendance, but had pr000sed to eliminate the parkins lct encroachment by surfacing this area with landscape rock- Staff also explained, on behalf of Dave Heiny, that HeJnY Rental may wish to widen their entrance drive into tau: "encroachment" area, since trUCI::S somet swing into swin into this area when entering the site. Board Member Ericlson moved the parking area within the right -of -way shall be eliminated immediately• BY 1965, this area shall be replaced with sod. Landscape rock: is not permitted• e:tact the t drivewav , taking into account a p S h c lI be n,...i shall be subject to staff approval. The -e parking allowed closer than the a >zisting retaining was: (a 12 -foot setback). Board Member Anitzberger seconded Aves -- all VII. VISITOR PRESENTATIONS VIII. BOARD PRESENTATIONS IX. STAFF PRESENTATIONS Staff asked if the Board members would be able to schedule the sec nd meeting e etin this November on November S 6` X. ADJOURNMENT Meeting adjourned at 8:56 p•m- 33 It F— c;Z fl MEMORANDUM TO: City Manager FROM: Associate Planner -- Johnson SUBJECT: Home Occupation License LOCATION: 1236 Farrell Street APPLICANT /OWNER: Kim Richardson DATE: November 23, 1988 SUMMARY REQUEST 1. T- by C_ :nSii: En' -- <.c 4 liC�1_ -'EL Rejecte Date The applicant is requesting approval of a home occupation license to make and sell wedding accessories and heirloom clothes for children from her home. She estimates that a maximum of three to four customers per week would visit her home. (Refer to the applicant's letter and home occupation questionnaire on pages 7 and 8.) CRITERIA FOR APPROVAL Section 17 -21 of City code requires nine performance standards to be complied with to approve a home occupation license. (Refer to page 9.) Code also requires annual licensing of home occupations. DISCUSSION The applicant's proposal complies with the findings required for approval. This business would generate a minimal amount of traffic, therefore, its existence should not be noticeable by the neighboring property owners. The only issue is that the windows in the lower -level workshop area do not comply with the egress requirements of the Uniform Building Code. The applicant has agreed that customers will not be permitted in the lower level of the home. RECOMMENDATION Approve a home occupation license for one year to permit Kim Richardson to make and sell wedding accessory and heirloom clothes for children from her home at 1236 Farrell Street. Approval is subject to: 1. Compliance with the home occupation licensing requirements listed in Sections 17 -21 and 17 -22 of city code. 2. No customers shall be permitted in the lower level of the home due to the lack of a direct outside exit. Ai CITIZEN COMMENTS Thirty -three persons who own property within 350 feet of the applicant's property were surveyed. Of the nineteen responses that were received, nine were in favor, nine had no comment and one was opposed. The person opposed stated that this home occupation will increase traffic and jeopardize the safety of children that live in the area. Staff Reply: This business would generate three to four business - related vehicle trips per weev:. This amount of traffic is similar to that of many other home occupations that have been approved and that are operating in the community, incident. REFERENCE SITE DESCRIPTION Property size: 10,819 square feet Existing land use: A bi -level style single dwelling with a tuck: - under garage with a combined area of 1,824 square feet. The proposed workshop would be located in the lower level and have about 180 square feet of area. It would comprise about 10 percent of the dwelling and garage area. SURROUNDING LAND USES North and south: Single dwellings East: An apartment development West: Farrell Street. Across the street are single dwellings PAST ACTIONS 12- 28 -87: Council renewed a home occupation for Jeanne Roberts at 1918 Flandrau Street that is similar to the applicant's proposed business. Mrs. Robert's business consists of custom upholstery work. She has about two customers visit at her home per week. Zoning: F, Farm residence. mb /rjrichho Attachments 1. Location Map 2. Property Line /Zoning Map 3. Letter from the Applicant 4. Home Occupation Questionnaire 5. Home Occupation Licensing Requirements 3 LOCATION MAP " H Attachment I �4 PROPERTY LINE / ZONING MAP 5 Attachment 2 N SOMEWHERE IN TIME BUSINESS PLAN Somewhere In Time will be a small home business in which I will design and make bridal veils and wedding accessories. I plan to design and make heirloom children's clothes on a very small scale now, but would like to increase this feature in the future. My products will be sold in retails stores either whole- sale, on consignment or custom -made for specific customers. If I do custom work for a customer, I will be expecting at the maximum of two people visiting my home (the bride and mother /friend /sister). Since this business is expected to be small for several years, I would estimate only 3 -4 each week. Approximately,, one -third to one -half of my sales would be done out of my home. Parking would not be a problem, as we have an extra wide driveway (22 -24 feet); therefore, my customers' cars would not be in the street or blocking any neighbors' property. 6 Attachment 3 Rim Richardson Applicant's Name 1236 Farrell st. Address of Home Occupation HOME OCCUPATION DUESTIONNAIRE (Attach a separate page if additional space is needed) 1. Describe the home occupation being proposed _r making wed ccessories and heirloom e%hildr 2. How many nonresident employees would wort: on-site? 0— _How many nonresident employees would wort: off -site^ How often would off -site employees visit your home^ 3. What percentage of each level of your home's floor area. inCluc'inp basement, would be used in conducting the home occupation ^ :_ 20%, 4. Where on the premises would the home occupation be conducted' b asemen t 5. ri-c -cribe any changes in the outside appearance of the building or premise=_, other than one we mounted sign of not more than two square feet^ none b. What percentage of gross sales would come from the sale of a product(s) produced off -site. n — 7. How many customer or employee vehicles would be parked on the premises at any one B. Describe the type and give the number of each type of vehicle to bE used in the home occupation and where they will be parked. 9. What would be the average number of customers expected to visit the premises per week:? i = d The average number of employee /subcontractor visits to the premises per week ^_ What time of day and which day- of the week: would you expect these visits to occur^ MondayFrjda -._ 16. Describe any delivery vehicles that will bring supplies to or be used to ship products from the premises. Include the type, amount and frequency of delivery of supplies; and the type, size, frequency and hours of such delivery vehicles. -- of suoolies would be bridal and fabric supplies The trequenCY _ boxes will be small to medium. 7 Attachment 4 11. Describe the type of equipment, including ventilation systems, or process(es) that would be used in the home occupation and how the use of this equipment or process(es) will be kept unnoticeable to the normal senses of persons off of the premises. ct sewiAg - marhine T he work w P ill he in *ho haaom 12. If equipment will be used that runs on electricity, is new wiring proposed? If existing wiring is to be used, has the wiring been approved by a city inspector for the proposed use(s)? Yeq 13. Describe tie amount and type of any chemicals, gasoline, hazardc.ts substa es or other similar material, that are proposed to be used in the home occupation. Also, describe where these materials will be stored. none 14. hescribe the manner in which the substances identified in Question 13, and any by- products therefrom, wil' be 16. � the proposed location and type of home occupation !gee- ter. --et by the city building official and fire marshal" no — (Note: Some home occu;:ations, such as beauty shop regUire fire walls and an additional access /exit. In such cases, the buildin{- plans should be reviewed by the city before the home occupation license is applied for to i.nsu ^e that the required wor6: car, be accomplished.) 16. If applicable, has a Minner:ta Sates and Use Identification Number been app'ied for this home occupation _.• (Note: This number must be presented to the city clergy.: as a condition of annual licensing.) 17. Has a determination been made that liability insurance will be issued for this home occupation ^ __yam. - (Note: Evidence of insurability wi11 be required as a condition of annual licen=sing.) Q) 8 ` - NOME OCCUPATION LICENSE REQUIREMENTS . traffic sha11'be generated by a home occupation in in a I, No greater volumes than would normally be effstreet parkinr.pected for off ' residential neighborhood. :The need three off - street parking spaces shall not exceed more than t i m e , in addition to the for home occupation an y given req. , parking spaces nonresident employee shall be allowed to No more than one who wort: off 2. work on the premises. Nonresident employees the premised If an premises may be allowed to visit shall is on site, off -site employees shall site employee parking on site. If there is no on -site. not leave their vehicles onisite, one off-site employee emp .vehicle p rked vehicle may be p aa No vehicle associated with the home occupation, including the street or 3, customers or employees, shall be parked on Private vehicles used :! { block 'sidewalks or public easements. be included in this renuircment. by the residents shall not 4, An area equivalent to no more than twenty 12Co percent of basement and garage , each level of the house, including the level home occupation. shall used in the conduct of a 5 he outSi There shall be no change visibinemisesrthatewouldtindicatedc' appearance. the building or p ccupation, other than one slen + the conduct of a home o of the city sign code. meeting the requirements 6. No more than 20X of business income shall come from the sale" approved by the city of products produced off site unless .i council. ' 7, No equipment or process shall be used in such homef`,mes, vibration, glare, occupation which creates noise, detectable to the normal odors or electrical interference of electrical interference, senses off the lot. In the case vis b�adxe used no equipment or process shall vers ®�htelevisionsrecei or audible interference in any 4luctuations in line voltage off 1 off the premises, or causes 1 the premises. be no fire, safety or hvo! h ha=arda. g, There shall q. A home occupation shall not include the repair welding,n�l shops, combustion engines, body shops, machine ammunition manufac turing Machinershopscarendefinedeasaplaces determined by the city. fabricated, u(120)mvoltse that where raw metal is of current. hundred twenty on more than.one + _ requ irements shat 10. Any noncompliance with these me Occupation revocation of the fiome occupatio j grounds for the denial or license. " l these requirements if the home 11. of The city may waive any l3`C+) located atl least occupation is anradjacenteresidence. the f from property to requirements that it { 12, The city council may add ahy additional that the operation of the home ms necessary to insure. ems compatible with nearby land uses. occupation will be �? Attachment 5 — - 9 I. II. III. IV. V. VI. VII. VIII. MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA DECEMBER S, 1988 CALL TO ORDER / Chairman Axdahl called the meeting to ordgr at 7130 p.m. ROLL 'CALL \ ioner Lester Axdahl nt Pr sent p esent Commisss,pner Michael Ayers resent Commissioner Richard Barrett Commissioner Robert Cardinal resent Present Commissioner Frank Dempsey Absent Commissioner Sue Fiola Commissioner \Lorraine Fischer present Commissioner filbert Goins Present Commissioner Dennis Larson Marvin Sigmundi' Present Commissioner Ralph Sletten Present Commissioner APPROVAL OF Commissioner Fischer iliked that the agenda be amended to move Staff Presentations ahead of Commission Presentations, in order \to accommodate the Public Safety agenda item. The agenda s amended, moving Commission 'Staff resentations. APPROVAL OF AGENDA r Presentations afte Commissioner Fischer moved amended. / Commissioner Sigmundik sec PUBLIC HEA�INGS VISITOR PRESENTATIONS COMMUNICATIONS NEW BUSINESS A. Home Occupation Licensee (Richardson 1 of the agenda as Ayes - -Axdahl, Ayers, Barrett, Cardinal, Dempsey, Fischer, Larson, Sigmundik, Nel etten 1236 Farrell St. The staff report was presented by Secretary Olson. r Planning Commission -2- Minutes 12 -5-58 Kim Richardson, the applicant, was present at the meeting. Ms. Richardson said she would be doing lo al l Of t the work herself and would not be hiring any mP y Commissioner Cardinal moved the Planning Commission recommend approval of a one -year renewable home occupation license to permit Kim Richardson to make and sell wedding accessory and heirloom clotheso al children from her home at 1236 Farrell Street. APP is subject tos 1. Compliance with the home occupation licensing requirements listed in Sections 17 -21 and 17 -22 of City code. 2. No customers shall be permitted in the lower level of the home, due to the lack of a direct outside exit. Ayes-- Axdahl, Ayers, Commissioner Fischer seconded Barretts Cardinal, Dempsey; Fischer, Larson, Sigmundik , Sletten B. Conditional Use Permits Engl*�h St. and Highway 36 \ ( Marcor) Secretary d9son presented the aff report. Jim Winkels e resenting M cor Properties, Inc., said , P they have been meeting witty representatives of the adjacent proper y owners enid have come to agreement on several objections of thproperty owners. Mr. Winkels said there would pe app►Jmately 16 tenants. l Roger Franz, 1282 63pf Avenue, said he thought this e or property should be U ed for office s Pac pr o p osed retaillcenter ' felt facilities. Mr. Fr iness be profitable. would not do enoug b Jim Grelish, 132 Cope enue, asked about the review process for thi propose retail center. Mr. Grelish also objected o the 24 -h r service. Gary Gerke, 52 Cope Avenue asked if a condition limiting ga sales hours coul be added to the staff whatmhaddb onrequiredtofysimil sprojectws�id research nk of Marcor Prope Jim Wi rties, Inc., asked fo , clarification on Condition 3 of the staff recommendation RICHARD SCHREIER 2125 OESOTO • K. PAU" MINNE90TA 55117 TO .Y*!VR� 4fup m CI /Yl Qrtd 1-�. fij L-O m K( I � So EC.otzd 13 fY( luf.vod Wlw- Sstoq DATE P___$g -- z O �� jow j5YCAw 41= D-j - t f ATAGrcA - - -- -- - -- So v Yh7a,.va 'ON"I"A - -- INFV,'ZWEb_ J&AJ A ne D tiiyT Cf.6/vY"bT+T /f6l S �EZptN6� w'- FFI V A e - EGSB I S N6� SA/u/ yz> p/u'yr --gter, -p._ 7-A4 pjze y�/z7� - rV r/s B N atv7 - A d e G DATE F-3 , , - M f , v ju yI I v 6 f- TZA P XTZ r-o ko t T ib Mrs FLW � SS, f��e vi AtSD� .� o N 3 tc FF�2J Er A N /4 er�"p77Y b C E /FS ✓ F/=E2 S 1 Ai c,t SIGNED f>m NAM TN Dl—iy Boaad, Iw., b[ 50.5, Wlloa, tvea IN[ +wu [ilvwc +v w[[uv[w. INa+wOCT .... T[ ac.IO[w. a [[[..i..[ tear w[TO wI+..w IT[ cO.r TO s[I.O[w. a. [[v VE,OW cowl. a. sK....r..nO.we PINK COPIES ..IT.. uwmN IOUCV �...•iT[ w[ay. .. O[T..N [.0 F- 3 D MEMORANr! K TO: City Manager FROM: Associate Flamm o - -- Johnson SUBJECT: Land Use Flan Amendment (RI_ to Rn) and (F to R - `' P76 R -3 LOCATION: Southlawn Drive and Radatz Avenue AF'P_ 1 CAN , Jon Brandt (Contract Purchaser) OWNER: Jerry Grayc_son DATE December 7 14.9 SUMMARY ReQ s!Pc::..!'. Date ---------- Fezoning rC va' ( S`'' .:: The applicant i5 requesting aD� ?' n¢ t.. ^,E C110Wlne: (See . mad: on pa• -e 10-. land use Plan ent. from RL re oclent.lai Inw OP70 - a r E, o f r ,, tc RN, re'�iC..r t'; m >t:; ul dens � *ar r'E'. °_.i dpnce to !t sma j of v l e a double dwf - - sr.... part o _. s ? thi s:i. is F' "�l.ir '3�rr:ai i -i 6t ,.1 Wfl .:.ng5 ease p o;J'_sed . (Without tine plan amendment. ^E' cu5vP : ) o a:, i s.12 _ i.rv' M - dv rl I ing l r_t _, cou' ,. be cretate& the cu be sa . .. A rezomilq fr F R dc_ur ! e OWER111nu a,-,! P t n» the site Thi un -' dWr.' ' .,;e tc" the northerly � f: �ni r . �,� - si.te is designated in thp Coty _, land use plan for RM use. Tw, . do:_It_:1e dwr_.iiino_ and a fo.0 ^- F,ie:: are or•opos r: by the devalope- The applicant is proposing to construct a cul- de- - which : c wnu'r., separate the two Proposed znrlrlc di str i ct s. Ra{ E r to •.t e" E Th appl icant is map on pays ; C' and the l ett_ on pay 1 p -s t- Lngstruction, as shown on paste i. . Propo to phc_��.� the _- D I SCUSS 101.1 � nd Ye F'1 z!1�i The proposal on pace 10 is consistent wltn the lnten.t c: - the policies of the land use plan, particularly those that govern th*! transition between dissimilar land uses. The present: land UFc.= plan does not apnaar to have anticipated a cul -de -sac being constructed within this property. Moving the boundary of the RM, designation to the south, as proposed, would allow R"1 uses to face each other on the cul -de -sac. It would also allow the rear yards of the RM uses, in this case, small -lot, single dwelling':_, to be the transition to the RL. property, abutting to the south. From South Drive and from the dwelling to the south, the existence of the proposed small -lot single dwellings would nrt in-- noticeable The rear lot lines would range froT w5 to 110 fec� in wldz�. Standard-sized lots are only rep�ired to be 75 feet wide. ZOME Phangp The proposed R-7 roub`e dwelling and R-3 multiple dwell W; zoning on the north side of the propmsed cul-de-sac is cOmpatI"e with tne e�istinn lard -e plan and surro::wr7 1 "nd uses. TKe prznoser R-2 zoning snoth of the propDsss cul-de-sac !s consistent with this site, provided doubie dwellings are ruler out. Counc recently approvew a sinila~ rerz'` frr the sirVc dwe``ing at wrest Avenue arc Flandrau Street `r Patr�cla He:sley^ APrpnvpI allnwer her to subdiviip thc'r prone-t". The ?'oblem is that arlil the cul-dp-sac as g:a"arMe" ard t" srf -|ot, sing}e-dwp`nns parcels are actually created, there is no way, to prohibit a double dwelling from being constructed in the reqUeSte: V-2 zone p~r7osed, south of the cul-de-sac. Thp�pfnre, until toe cul-Ue-sac can be guaranteed, Counril s�c � not wan� the requesteC R-2 zoning on this porticm u the site, F,rtne", sinca statc an requires a community's zckiny tp be re/isrr, as necessary, within nine m:-ths of a land usc Mac amendne~K a ds7iy7on on tnp req:esteb plan amerdrenz F also he deTayed urt�? the cul-de-sac is guaranteed" RECOKMENDATIM�� 1" Approve the resn"ution on page 16 to approve the rezorinw o` the proqpri/ west of the o- Southlawn Drive a7r� RadaLz Avam:e from F, farm residence to R-3, mu}tiole d*CKrq R-2, bout!* dwelljnq and 4 single dwellin9 as show: on pane 12. Amprova\ is on the basis c'' n+e four standard findings m arnroval and that rezoning the southerly portion of the siW fro,l� F to R-1 will eliminate the potential of any farm-related nuisance uses orcurring in the area. 2. Table a decisio' on the requested RL, res5de'tial low dm:rntr to RM, mcc density p7a� ansrd:'e:t anf R-2 re7p''i:p fm the southerly portion of the site u:cV thr anVicant j prepared to g:a^artep the corstruction of the prrposec cul~de- sac. Tat ing is or the basis that untii tne cul-de-sac is approved a". LonsI`OcUon can be secured, a decision on the appropriate land use is premature, CITIZEN COMMEN75 Staff surveyp± the 17 surrounding p'zpe^ty owners within 35o feec for their comments concerning this requesc. Df the ten replies, two were in favor and eight objected. These responses were to the pla- o., page 13, in response to the concerns raised, thc applicant has submitted a revised plan (page 101. In Favorn 1, It would not have an adverse &fect z7 surrou:&ono prc-e'�y values. 7, } (owner cf property tc thp ror^`) have an agreement wltO 5r:� 8randt, tr support this rezone, coclitiWeb Men Jor S~anK� installing a privacy fence, amt whatever is necessa~: to scrpM and buffer the BCM zoned prope/zy to the norti^ Objections 1. We don't care to have so ma-v n:`t:p`e dwe!\3n9s near :s. More single-ion 1v homes is what or wo:"d want. P. } thir� they shou�d build single-family hones. We have enough molt:-;a*ilv dwellings. 3. Make all lots szrc'm 4am.ly to keep traffic to a mfnimum� We prefpr 8 *irgle dwellLrm" j the applicant's proposal. /f^ 1 am on!y in favor of single dwY We are row beg �:- 7 '; �r have t-ouble with hmt-runne~s from the HUD apartments behsnf: us art mrre rental procertv would n-"y compound the pro�'e�, F. See the letter on page 9 from the property owns- tc thc south. Staff reply to comments ]-5: Refer to the applicant's revvsed p`a'/ on page 10. 7he revised plan is consistent with the Cit! s land use plann)ng policies of providing grad:al transitions between distinctively different }and uses and makinn this transition along rear property lines wherever possiO1e. Refer the discussion section fnr more information. 6. Mr, Brandt said he would build single dwellings along his south lot line. There was no R-2 zone on the plan that he showed us (1795 Radatz Avenue), Staff reply: Mr. Brandt/s proposal i ;o~ smali-lot single dwellings. R-2 zoning is required for small-lot single dwellings. The proposed use is an appropriate use to transition between the mor7 intensive uses to the north and conventional single dwellings to the south. u REFERENCE Gross Araa: 24� ar�es ExistinQ land use: undeveloped North: vndeve}oped pro�enty Vanned and zoned for commprc3a� development East: two douh!e dwellings north of RadaLz Avenue and two s1nn e dwellin;s south of Radatz Avenue South: A single dwe|ling on a 100- x 795-10M lot. West: Public ppoperty planned for open space use. P" annna, � 11 Land can mien designation: lhe north 03's--KY, residential medium bensztY. The sout/. 1/3-- RL, rRs%'ervia� o' dersitv 2. Density: a^ presert}y planned density, 22 people/acre (:ort: 2/3's) ant 14 peop�e/ret acre (south 1/3) or an average uf 17.8 penp`- ~p1 acre fOr the entire site. b. Proposed tensity (2,01 net acres). Site Plan on page 10 (present code;: 21.0 people/net acre (proposed code): 17,5 people/net acre C. Permitted density if plan anemoment is apo"rved: 22 people/net acre for the entire site 3. Policies from the plan: a. Pape 18'5; Transitions between distinctly differirg types of land uses shall be acconplishea in an orderly fashion which does not create a negative (economical, socia� or physical) impact on a&joininq prnperties. b. Page 18-5: Whenever possible, changes in types of lane use shall occur along rear property lines, sr that simM uses front on the same street " " , C. The RL land use designation allows a variety of single-dwelling home�. An occasional double dwelling may also be allowed" � d. The RM, land use classification is designated for such housing types as single dwellings on small lots, dout,e dwellings, townhouses and mobile homes" e" Paqe 18~8: "Thr City land use plan should be the quine in determining population density and distribution, although some flenibility for changing land use patterns and densities should be maintained." f^ page 18-9 "Locate multiple-family ho:sirg in areas not inferior to those generally used for conventional single family housing, 4, Zoning: F, farm residential 5. Compliance with land use law: a. This proposal complies with the lot dimension requirements for the uses proposeK. mb/rjbrardt Attachments: 1^ Hazeiwood La:t Use Plan Ma7) Q Proposed Lams Uss Plan Ame'.dme:t 3. Property Line/Zoning Ma� 4. Origicx` proposal sent to nefo%ors 5^ Revised Proposal 6. First Phase Site Plar 7. Staff proposed rpzc~ing E. Letter from the applicant 9. Pet 5tior 10 Letter from the neighbor to the south 11. Resolution (rezoning) Interchange Vadnala Heights J ! I B W major collector mayor collectors �� IN i L — xiiiml� CS t�— - l i= B W ° O R I ` 0 0 3 S - n= P C, I I it o_s �S.r f- - -- — RL 1 LSCI t P Melor eolle I to I. Rm - .Rerva�i RL ��• ta.>.ata�ata a run Is =.mun� I BW I M _ I BW ` gh a � 38 � _p a O V > W p p C - - o e ' u p m O p O E ; Interchange ;4 1! � major II oouactor r J7 . l m — dno r �rlerlal -t1 0S 1 " qrk he go HAZELWOOD LAND USE PLAN Attachment 1 r� RB r o� DC `r _ orj — �Q C cd 7l os Q1 RH Wan p R L 0.��} �LSC d„ qrk he go HAZELWOOD LAND USE PLAN Attachment 1 r� RB r o� DC `r _ orj — �Q Proposed ® Area to be amended from RL to RM. LAND USE PLAN AMENDMENT 7 Attachment N '3AV M38 U J CY I� IS ZIVOVH J V J w J j co RE 0 a z 3 J /� C/ ) H p / l_ Proposed ® Area to be amended from RL to RM. LAND USE PLAN AMENDMENT 7 Attachment N Z10C. -'� OO /B 705 369 .03 -1 1 1 \� - - -.- � 71903 - w, G. _. r .N M WAS 1 �i "*= Moran a 0-- -AV D m ® E /V . A O . iD 'r 1 $9'MOR[ 7AM[M rOA B[�M AVG ACT 360 [9 - ' r• 43.1 73 . I Say 0a ioo loo too too to 430 L ry ' Bl lol 5a� - 710 .76 ae. 2.2' . 3"000•• bS0 l� .. B C•. / 111 Jo N h n N y I'1 N [ y :'o .ry B38 S0° GZC 600 FS u\ 40 \ So Z 11iiiel Ipttiiii -. I.L4 ac a'r p,t 3,310 0 5.°o aL. .94 Ate. r S. o 119) ,4m. 641 U ^ r ' T a 2830 - •�' _.'.IV f 117 loo' loo' ioo' 10. ioo' vILLAGE OF'MAPLEW OD L T 7r r 75' 75 ' 55' 7 ° 1 7 ILO .34.• .344 SW. .i4r. .3.. 79e. . • 0 2 0 (43) n 7 ' •• - N o o m reel o u t ,) 2812 •' ZJ 4 2804 to SYr) b CO (+ ® v 5 sz (93) l94) 2799 Q U3 1 1 1 ` 1 , 1' .. I kAM9Ey • a ; 1 8„ Cp7N7r _ 1 °IV ° _ AVER - �:+ 3 va 1 1 1 q '` i m (ae) 6 ( 7 �Q �, LI.9I X77 5.00ac. 1 X -94 °[ r 03.o s� PROPERTY LINE / ZONING MAP (Existing) 8 Attachment 3 0 N '3AV WV38 L i m I 3• N r' x —I (SF r)) IS ZIVOVd (sFD) N DFD� zz LU > T cc M o M I D Z Ir a 3 LL J F 0 ORIGINAL PROPOSAL (Sent to Neighbors for Comment) 9 Attachment 4 n N REVISED PROPOSAL (This plan was submitted in response to City staff and neighborhood concerns received regarding the original plan on page 10) Attachment 5 10 •aAV wV30 ca CD N X t' cc N: 'iS ZIVOVFJ C cc - -- 9 _ $Fl1)1 i ` F�. Q Z O D 0 REVISED PROPOSAL (This plan was submitted in response to City staff and neighborhood concerns received regarding the original plan on page 10) Attachment 5 10 '3AV M38 U m PARCEL 1 4 R3 i �.� - - --L (Zoning districj PARCEL 2 boundary only -- ARCEL lot line) ff1 a .. V. W D Z 3 a J S F 7 O W Applicant Proposed First Phase (Parcel Two would not be subdivided until the cul —de —sac is constructed) 11 11 Attachment 6 11 '1S Z1VaVW •3AV WV38 M W Staff's Proposed Rezoning (Until a cul -de -sac is approved and construction is secured) 12 PARCEL 1 Do,�b�e, r i N M 2 ° , M R31 - - (Existing propert L _ _ '1S ZIVOVEI line to be — when parcels combined) PARCEL 2 — R1 r_ 0 z. J W > U J Q '— 1 cc M a .. IL z a _... _.... - To re ain pl nned for _ RL .0 _- is guaranteed O rn W Staff's Proposed Rezoning (Until a cul -de -sac is approved and construction is secured) 12 C©MPREHENSIVE PLAN AMENDMENT & REZONING APPLICATION STATEMENT Jon W. Brandt, Applicant In order to develop the land described in the attached application, I am requesting the City of Maplewood to support the following: 1) Rezoning: Currently: F (Farm) Proposed: R -2, R -3 (Multifamily Residential) 2) Density Reclassification: Currently: 2/3 Medium Density Residential, 1/3 Low Density Residential Proposed: All Medium Density Residential The subject land is approximately 2.4 acres, located one block south of Maplewood Mall. It is borderd to the North by commercial (BC -M) land, and to the west by public land. Adjacent to the southeast corner are two single family homes. Across the street are two non -owner occupied twin homes. At the time that the Comprehensive Land Use Plan was established, there were two parcels of land, owned by one person. They have been susequently purchased and combined to create one parcel for development purposes. The northern two- thirds is classified as "medium density residential" in the current Land Use Plan. The subject land lies in what is typically a "transition area" between residential and commercial development. Multifamily housing in this type of transition area is in keeping with good city planning practices and substantially consistent with Maplewood's Land Use Plan. The requested R -2/R -3 zoning change would allow the development of two twin homes and one four plex on the back of the property. Current plans are to build a twin home on the N.E. corner lot. Future plans, at the time of platting and construction of the culdesac, would include four small lot single homes on the southern one -third of the property. The small lot singles, and multi - family homes would create a graduated buffer or transition from R -1 (on the south) to BC -M on the North. The initial construction is intended to be owner occupied. All construction is intended to be at least comparable to the middle - income homes in the area. Existing construction within 350 feet of the subject land includes middle - income single homes, middle income twin homes, and 57 lower income town homes. Commercial development adjacent to the land's northern border is a certainty. It's the applicant's contention that the quality of the development will maintain or enhance existing real estate values, while "insulating" existing single family homes from commercial development directly to the north. 13 Attachment 8 PUBLIC LAND F R -2 I - SOUTHLAWN DRIVE R -3 1 REZONING APPLICATION JON W. BRANDT BC —M i — � F M _ T N R 2 PROPOSED ZONING ¢ I CITY OF MAPLEWOOD - REZONING PETITION w a W m We petition the Maplewood City Council to rezone the above described property from (F) Farm, to (R- 2,R -3) Multi- residential. Written signature of any person's name on this petition is indication of that person's understanding of the proposed zone, the proposed location and an endorsement for approval of such change. SIGNATURE � V .✓ ✓. PRINT NAME ADDRESS a •• s • , -,r (79 J ja�r_2- hiz 14 Attachment 9 Herman & Lila Johnson 2799 Southlawn Drive Comments: I object to this proposal because we will have the back yards of 3 undetermined quality homes butted along our side line. I was told six years ago that all of the lots south of Radatz Street would be zoned single family, and that the village would not do spot zoning changes. My lot is 100 feet wide and the lot next to me, the one the north is 121 feet wide, which lines up with the south boundary of Radatz Street and makes another nice site for a single - family lot, the same as it is directly across the street of Southlawn Drive. These homes south of Radatz Street are all nice new single - family homes, and I feel it will be a very degrading move, to change the zoning in the middle of the block, so that some developer can buy a single - family lot, and divide it up into three parcels for multi - family sites. He is showing no concern for the present property owners, and it appears his only motive is an instant profit from the real estate because of the zoning change. I hope you and the village council will consider our feelings on this matter and limit his multi - family units on the 247 -foot lot north of Radatz Street only. Thank you for any help you can offer in this matter. 15 Attachment 10 Pursuant to due call and notice thereof, a City Council of the City of Maplewood, Minnesota held in the Council Chambers in said City on the , 198 at 7 p.m. The following members were present: The following members were absent: regular meeting of the was duly called and day of WHEREAS, Jon Brandt and the City of Maplewood initiated a rezoning from F, farm residence to R -1, single dwelling; R -2 do_bl e dwelling; and R -3 multiple dwelling for the following- described properties: All in Section 3, Township 29, Range 22: To R -3, multiple dwelling- -the North 187 feet of the West 145.2 feet of the South 247 feet of the North 691 feet of the East. 318.15 feet of the SE 1/4, subject to road. To R-2, double dwelling- -South 247 feet of North 691 feet of Ea.&.'.: 318 15/100 feet of S.E. 1/4, subject to road, except the West 145.2 feet and the South 30 feet thereof. To R -i, single dwelling- -South 121 feet of North 812 feet of East 318 15%100 feet of S.E. 114 subject to road, together with the South 30 feet of the East 140 feet of the Sout'. 247 feet of the North 691 feet of the East 315.15 feet of the S.E. Quarter, and the South 60 feet of the West 145.2 feet of the South 247 feet o- the North 691 feet of the East 315.2 feet of the South East Quarter. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning pursuant to Chanter 36, Ordinances. 2. This rezoning Commi=ssion on recommended to the City was initiated by Article VII of the Maplewood Code of was reviewed by the Maplewood Planning , 1988. The Planning Commission Council that said rezoning be 3. The Maplewood City Council held a public hearing on , 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: 16 Attachment 11 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. <. 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. 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 ar!d facilities, such as public water, sewers, police and fire protection and schools. 5. Approval of this rezoning would eliminate the possibility of a farm - related nuisance use occurring in this area. Adopted this day of , 1988• -d 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 day of , 1988 with the original on file in my office, and the same is a full, true and complete transcript therefrom ina.rfar ae:: the same relates to this rezoning. Witness my hand as such Clerk and the corporate seal of the city this day of , 1988. City Clerk City of Maplewood 17 RICHARD SCHREIER 2125 DESOTO - ST. PAUL, MINNESOTA SS117 or TO DATE 0 C-7 — IBS Ma r ------ -6,C A.) Z f r I A TZ A p) ivc DATE jow A OA) .- to f PL-4,v A),, A AP D ALP AV v A6 5 JCA.' P(Pd�lCr, V W i 77Y I .. - ---,A FZ I V 4 c 7 1� 4 - - W oXrC F7Z z R; v Fi�ek . -j 7c '� AN '# e-c� I v 14 rA. 0 --5 dr 0)= - - V 'r7 -f 440' -/7K C� y� AWP4,7 - it/I 14-1 R-9 Lo S errs e r— %� 0 Al s 77 6 f- 7 /$ A .iT . ......... C` SIGNED MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA NOVEMBER 7, 1988 I . CALL TO ORDER Chairman Axdahl called the meeting to order at 7:33 p.m. II. ROLL III. 0 Commissi er Lester Axdahl Commission r Michael Ayers Commissione Richard Barrett Commissioner obert Cardinal Commissioner ank Dempsey Commissioner Su Fiola Commissioner Lor aine Fischer Commissioner Albeit Goins Commissioner Denni Larson Commissioner Marvin igmund Commissioner Ralph S1 tten APPROVAL OF MINUTES A. October 3, 1988 \ Commissioner Sletten at ved th' minutes of October 3, 1988. Commissioner Barretteconded nt t Present Present Present Present Absent Present Present Present Planning Commission approve the Ayes -- Axdahl, Barrett, Cardinal , Fiol a, : scher s Larson, etten Abs \entions -- Dempsey, Sigmupdik IV. APPROVAL OF Commissioner igmundik moved the Planning C6 fission approve the agenda a submitted. \` Commission Sletten seconded Ayes -- Axdahl;, Barrett, Cardinal, Dempsey, Fiola, Fischer, Larson, Sigmundik, Sletten V. PUBLIC HEARINGS A. Southlawn Dr. and Radatz Ave.: Brandt Plan Amendment Rezoning Lot Division Planning Commission Minutes 11 -7 -88 -2- Secretary Olson and Associate Planner Randall Johnson presented the staff report. Jon Brandt, 2934 Highway 10, Moundsview, the applicant, said he had revised his original proposal after discussions with staff and neighbors, to include two double dwellings on Southlawn Drive, rather than the tri -plea originally proposed. Herman Johnson, the occupant of the property on the south side of the applicant's property, said he would like to see single family dwellings built on this property. Micky Manders, of 2804 Southlawn Drive, said he does not feel that the four -ple.: or double dwellings are compatible with the single - family dwellings in the neighborhood. Margaret Earley, the occupant of the property across the street from the applicant's property, discussed who would be paying for the proposed cul -de -sac. Ms. Earley said she would like to see single dwellings built in the area. Jon Brandt, the applicant, said that he would like the City staff to meet with the neighbors to try to work out a compromise on what kind of development will be compatible with the area. Commissioner Fischer moved the Planning Commission recommend approval of the resolution to approve the rezoning of the property west of the intersection of Southlawn Drive and Radatz Avenue from F, farm residence to R -3, multiple dwelling, R -2 double dwelling and R -1, single dwelling• approval that the basis of the four standard findings of rezoning the southerly portion of the site from F to R -1 will eliminate the potential of any farm - related nuisance uses occurring in the area. Commissioner Dempsey seconded Ayes-- Axdahl, Parrett, Cardinal, Dempsey, Fiola, Fischer, Larson, Sigmundik, Sletten Commissioner Fischer moved the Planning Commission table a decision on the requested RL, residential low density to RM, residential medium density plan amendment and R -2 rezoning for the southerly portion of the site until the applicant is prepared to guarantee the construction of the proposed cul -de- sac. Tabling is on the basis that until the cul -de - sac is approved and construction can be secured, a decision on the appropriate land use is premature. Planning Commission Minutes 11 -7 -88 -3- Commissioner Sletten seconded Cardinal Dempsey, Dempsey, Fischer, Larson, Sigmundik, Sletten Commissioner Fischer moved the Planning Commission table the lot division request to create a 90- X 121 -foot lot in the southeasterly corner of the site until a decision is made concerning the above- referenced cul -de -sac. Commissioner Sletten seconded CardinaldaDempsey,eFiola, Fischer, Larson, Sigmundik, Sletten VI. VISITOR PRESENTATIONS VII. COMMUNICATI7NS VIII. NEW BUSINESS \\ A. Home Occupation License: 1,725 Laurie Rd. (Catlin) The staff report was presentea,t Kevin Catlin, the app icant,jsaid this business is his only source of income, sinc he puit his other job. Mr. Catlin said he feels the citizen co taints against his business have been exaggerated. Mr. Catlin id he felt he should be grandfathered into this 1 ense since he has an existing business. Mr. Catlin sad a does not have any employees working for him, since is c s are leased to independent drivers. Mr. Catlin at so sai he does minor repairs and maintenance only. The Commission discu$$sed the buss ess of leasing the cars. The Commission also kliscussed the axi -cab repair and maintenance businesA and the neighb rhood problems these kinds of businesses geJen ate. Commissioner Sle moved to table th request for a home occupation license to operate a to ' -cab business until staff can obtain a legal opinion. Commissioner S seconded Ayes - -A aht, Barrettq Cardinal,,Dempsey, , Fischer, Larson, Sigmundik, Sletten Z-/ MEMORANDUM T0: FROM: SUBJECTS DATE: INTRODUCTION Council requested for converting the prints. ALTERNATIVES City Manager Bob Generous, Planning Intern Colored Land Use and Zoning Maps December 15, 1968 _., n Rejac`ed Date_ that staff determine the feasibility and costs City's land use and zoning maps to color In order to provide a range of choices, staff investigated four different methods for creating color maps. Unless otherwise indicated, dollar amounts are for 100 copies of each map. 1. Use of colored plastic adhesive for each zone. Estimated cost per map: $175 -3200. 2. Litho processing, (5 and 7 colors). Estimated cost: $2,996. 3. Silk Screen Printing, (6 and 9 colors). Estimated cost: 33,500. 4. Offset printing, (6 and 9 color). Estimated cost: $5,765. This alternative would reduce map to 21 -inch by 31 -inch and was used by Eagan and Woodbury. DISCUSSION The greatest costs associated with the creation of colored maps is the artwork necessary for printing. Staff used the 100 -map quantities because of tow expected demand for these maps and to ensure that a large quantity of out -of -date maps are not carried in stock. RECOMMENDATION If Council feels there is enough need to justify the cost, we recommend a budget transfer of $2,996 from the contingency account for 100 copies of the zoning and planning map using litho processing. mb \maps AGENDA REPORT Ac'.cn h Co'xn ^i.lc To: City Manager Michael McGuire From: Chief Chief of Police Kenneth V. Collins,i], Rejected_ Subject: Request To Fill Sergeant Vacancy Date_� Date: December 19, 1988 Introduction On June 30, 1987, a Sergeant vacancy was created because of a retirement. A request is being made to fill this vacancy at this time. Background In June 1987, a retirement created a Sergeant vacancy in the Maplewood Police Department. This position has gone unfilled since that time. The vacancy has created the most noticeable impact on the patrol division. The following shows the number of hours where the patrol division was short a Sergeant or another supervisor was assigned to cover patrol supervisory duties: 1. No supervisor on duty 824 hours 2. Captain working as shift supervisor 376 hours 3. Overtime paid to cover shifts 143 hours 4. Other Sergeant assigned to work patrol, investigations, administration, etc. 96 hours Total 1,439 hours These figures represent the time span from January 1, 1988, through Decem— ber 15, 1988. This is approximately 697 of a full —time position for Sergeant. Another important factor to realize is that whenever another Sergeant or Captain is assigned to be a supervisor for the patrol division, their work is not being done by anyone else and remains there until they return from their assignment. This creates many deadline problems as well as being very inefficient. A supervisor who is used or needed for coverage as a supervisor for the patrol division on his or her day off must either be paid at an overtime rate or be given another day off. This, then, impacts on other divisions beyond the patrol division. Filling this supervisor vacancy will help correct this problem. The current top three members of the Civil Service eligibility list for Sergeant are senior officers who are receiving longevity pay and specialty pay. The average hourly pay rate would be $17.73 per hour. The average pay rate for a Sergeant would be approximately $18.90 per hour. Therefore, $2,475 would have to be transferred from the Contingency Fund to cover the cost of this promotion. This supervisory position would be used to fill the needs on the patrol division. Recommendation Review and approve this matter and forward to the City Council for action on the following two items: 1. Approve a Sergeant promotion. 2. Transfer $2,475 from the Contingency Fund to cover the cost of the supervisor. Action Required Review and approval by the City Council. KVC:js :, MEMORANDUM TO: City Manager FROM: City Engineer SUBJECT: Storm Sewer Financing Discussion DATE: December 19, 1989 Acticn tJ Ccuioil; Endcrsed_ Modified-- Rejecte Date Recently a number of situations have brought consideration of several storm sewer projects to the forefront. Several legal actions have been filed and several more are pending on storm water related issues. Projects have been proposed and considered to alleviate the problems. These are rather large projects that provide the city's standard level of service to large areas of the city. It is no surprise that the projects are unpopular due to the large number of property owners involved that perceive no problems. The cost obviously has an impact on these owners' attitude. The city's current posture of fully assessing the cost to benefiting property has two problems. First, today's cost is high resulting in higher than tolerable assessment rates. The second is that the higher cost could result in an unusually large number of assessment appeals. The engineering division has spent some time investigating a number of financing options. The options are presented for discussion purposes at this point. In order to introduce an element of reality to the discussion, estimates have been made of various important parameters. It is estimated that approximately $8.5 million of trunk storm sewer remains to be built. This is based on construction of ponds, connecting piping, and outlets for storm water control consistent with the city's comprehensive plan. Lateral storm drainage for individual streets and isolated low areas is not included. The trunk system serves as the backbone of the storm drainage system and in general impacts a relatively large drainage area. Approximately 2,216 acres of the city have been assessed for trunk storm sewer. The rates have varied over the years. In the 19609 the rate for single family residential property was generally 4 cents per square foot. The policy was changed in the 70s so the assessments were 2-2.5 cents per square foot for single family property. In the early BOs the standard rate w.::u::s raised to 4.5 cents per square foot. More recently the projects have been fully assessed, resulting in rates as high as 13 cents per square foot. Realistically approximately 3,628 acres of property remains to be assessed. This is based on those areas not previously assessed and not serviced by trunk storm sewer. Some areas of the city d will liF.ely remain unassessed for storm sewer. open space, lakes and their direct watersheds, and areas served by developer - installed trunk systems were not included in the estimate. The following outline lists a number of financing alternatives for discussion. 1. Full Special Assessment - Higher rates per square foot. - Fates quite variable between projects. - Difficult for city to sustain assessments. . Standard Special Assessment & Storm Water Utility - Extremely difficult to administer utility rates. - Requires payment based on contribution. - Even special assessment rates. 3. Special Drainage District Tax (Ad Valorem) - Variability in rates between districts. - Tax - exempt property contributes water but does not pay. - Difficult to administer. - May result in problems similar to special assessment appeals. 4. Twenty Percent Special Assessment & General Ad Valorem Tax - Reduces special assessments significantly. - Variability between projects. - Tax - exempt property pays less- - Properties already assessed pay again trough Ad Valorem Tax. - Firm financing. 5. Standard Rate per Square Foot Special Assessment & Ad Valorem Tat: - Somewhat even special assessments.. - Property already assessed pays again through Ad Valorem Tax. - Limits number of assessment appeals. - Provides equity with most of those already assessed. 6. Standard Charge Special Assessment & Ad Valorem Tax - Even special assessments. - Property already assessed pays again through Ad Valorem Tar. - Limits number of assessment appeals. - Provides equity with most of those already assessed.