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HomeMy WebLinkAbout1988 08-22 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 22, 1988 Municipal Administration Building Meeting 88 -1$ (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF MINUTES 1. Minutes of Meeting No. 88 -12 (June 13, 1988) 2. Minutes of Meeting No. 88 -14 (June 27, 1988) (D) APPROVAL OF AGENDA (E) CONSENT AGENDA 1. Approval of Claims 2. Final Plat: Southwinds of Maplewood 2nd Addition 3. Final Plat: Parkway Terrace 3rd Addition 4. Fish Creek /Carver Pond, Project 87 -22 - Terminate Project (F) PUBLIC HEARINGS 1. 7:00 P.M., Holloway Avenue a. Plan Amendment (4 Votes) b. Street Vacation 2. 7:10 P.M., Variance: 1927 Flandrau St. (Hensley) 3. 7:20 P.M., Code Amendment: BC (M) District - Auto Service 4. 7:30 P.M., 2829 -47 White Bear Avenue a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) c. Conditional Use Permit 5. 7:40 P.M., Conditional Use Permit: 1055 Highway 36 (Hermanson Dental Lab) 6. 7:50 P.M., Chesterwood Two Second Addition a. Rezoning (4 Votes) b. Preliminary Plat (G) AWARD OF BIDS 1. Park Improvements, Project 88 -2P 2. Ferndale Storm Sewer, Project 87 -20 (H) UNFINISHED BUSINESS 1. C.D.R.B. Appeal: Finamart (2168 White Bear Avenue) 2, McKnight Road Phase 2, Project 87 -04 (Public Hearing Tabled 8 -8 -88) (I)' NEW BUSINESS 1. Schedule For 1989 Budget Meeting, 2. Code Amendment: Setbacks to Residential Zones .(First Reading) 3. Code Amendment: Single - dwelling Lot Width (First Reading) 4. McKnight Road Phase 3 a. No Parking Resolution b. Authorized M.S.A. Off- System Transfer) 5. Four -Way Stop Maryland - Ferndale 6. Joint Use Sanitary Sewer Maintenance Agreement with St. Paul 7. Cervais Avenue, English Street to Kennard Street, Project 88 -14 - Schedule Public Hearino 8. Driveway Variance - 1377 Belmont 9. Hydrant Fund Appropriation 10. Resignation - N.E.S.T. 11. Appointment - Regional Railroad Authori 12. Old City Hall 13. City Newsletter 14. Hiring Consultant To Evaluate Fire Serv. 15. Computer System SJ) VISITOR PRESENTATIONS SK) COUNCIL PRESENTATIONS 1. 2. 5 6 7 (L) ADMINISTTIVE PRESENTATIONS . �M) ADJOURNMEN HNUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M, Monday, June 13,1988 Council Chambers, Municipal Building Meeting No. 88 -12 A CALL A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:02 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Absent George F. Rossbach, Councilmember Absent C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Parks 2, Garbage Assessment 3. Windows, Greenhouses, Corner Sales 4. East Community Family Center 5. 30 -foot Setbacks 6. Mineral Extract Ordinances 7. Cable T.V. 8. Add I -8; Shamrock Cleaners 9. Delete B-3 10. Add I -9; Final Plat – Crestview 0 Addition Seconded by Councilmember Anderson. Ayes – all. Mayor Greavu moved to waive the Rules of Procedure to add Item I -8 and 9 to the Agenda, Seconded by Councilmember Anderson. Ayes – all. E -A PRESENTATIONS 1. Community Design Review Board Appointment a. Manager McGuire presented the Staff report. b. Mr. Roger Anitzberger, the applicant, spoke on behalf of his appointment. C. Councilmember Bastian moved to gppoint Roger Anitzberger to the Community Design Review Board. Seconded by Councilmember Anderson. Ayes – all. 6/13 E. CONSENT AGENDA Councilmember Anderson moved to remove Item E -2 to become Item Seconded by Councilmember Bastian. Ayes — all. Mayor Greavu 1. Accounts Payable Approved the accounts (Part I — Fees, Services, Expenses — Check Register dated 06 -06 -88 - $848,807.38; Part II— Payroll period ending 5 -20 -88 - $150,700.52) as submitted. 2. Time Extension: Cave's English Street Second Addition. Discussed under I -10. 3. Final Plat: Crestview Fourth Addition. Discussed under 1 -9. 4. Bid for Used Vehicles Accepted the bid of $1,111.00 for the purchase of the 1984 Dodge Diplomat. 5. Budget Transfer — Development Fair Approved a budget transfer of $625 from the contingency account to Account 101'-701 -4480 (fees for service) and $175 to Account 101 - 701 -4110 (supplies) to pay for Maplewood's display at the June 16 Development Fair. G AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Dental Insurance for Retirees a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to table Item H -1 for two weeks until Jun , 27 1988 Meeting. Seconded by Mayor Greavu. Ayes — all. F PUBLIC HEARINGS 1. 7:10 P.M., Conditional Use Permit Termination a. Beam and Southlawn 1. Mayor Greavu convened the meeting for a public hearing to terminate a conditional use permit for Bonanza Family Restaurant requested by -2- 6/13 Richard Schreier at the southeast cornerof Beam and Southl.awn. 2. Manager McGuire presented the Staff report. 3. Mayor Greavu called for proponents and opponents. None were heard. 4. Mayor Greavu closed the public hearing. 5. Councilmember Anderson introduced the following, resolution and moved it adoption 88 -6 -87 WHEREAS, North Suburban Company initiated a conditional use permit for a restaurant in a business commercial (modified) district at the following- described property: North 390 feet of the East 100 feet of West 350 feet of part of Southwest 1/4 lying North of Radatz Avenue (subject to road) in Section 2, Township 29, Range 22, and East 100 feet of West 250 feet of North 390 feet of Southwest 1/4 (subject to road) in Section 2, Township 29, Range 22, and Except South 235.2 feet; the West 150 feet of part of Southwest 1/4 lying North of Radatz Avenue (subject to roads) in Section 2, Township 29, Range 22; WHEREAS, this conditional use permit was approved by the Maplewood City Council on May 12, 1986, and renewed on May 11, 1987; WHEREAS, the North Suburban Company has no further intention of constructing the Bonanza Family Restaurant at this location and is requesting the termination of this conditional use permit; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described conditional use permit be terminated on the basis that the developer's intent to construct the restaurant has been abandoned. Seconded by Councilmember Bastian. Ayes - all. b. 2125 White Bear Avenue 1. Mayor Greavu convened the meeting for a public hearing regarding the termination of the conditional use permit to operate a beauty shop at 2125 White Bear Avenue. The owner no longer wishes to have the home occupation permit. 2. Manager McGuire presented the Staff report. 3. Mayor Greavu called for proponents or opponents. None were heard. 4. Mayor Greavu closed the public hearing. - 3 - 6/13 5. Councilmember Bastian moved to terminate the conditional use permit to operate a beauty shop in the home at 2125 White Bear Avenue. Seconded by Councilmember Anderson. Ayes - all. C. 540 Ripley Avenue 1. Mayor Greavu convened the meeting for a public hearing regarding the termination of a conditional use permit to operate a gunsmith at 540 Ripley Avenue. The owner has moved and the current owner has no need for the permit. 2. Manager McGuire presented the Staff report. 3. Mayor Greavu called for proponents and opponents. None were heard. 4. Mayor Greavu closed the public hearing. 5. Councilmember Bastian moved to terminate the conditional use permit for the punsmithing home occupation at 540 Ripley Avenue. Seconded by Mayor Greavu. Ayes - all. H. UNFINISHED BUSINESS (Continued) 2. Ski Jump Pond a. Director of Public Works Haider stated negotiations were still in progress. b. Mayor Greavu moved to table this matter for two weeks until the June 27 1988 Meeting. Seconded by Councilmember Anderson. Ayes - all. F. PUBLIC HEARINGS (Continued) 2. 7:20 P.M., Kennel License: Lynn Lawver a. Mayor Greavu convened the meeting for a public hearing regarding the request of Lynn Lawver, 2345 E. Maryland Avenue for a kennel license to house three (3) dogs. b. Manager McGuire presented the Staff report. c. Councilmember Bastian moved to table until 7 :30 P.M., or after Item F -3 is heard. I Seconded by Councilmember Anderson. Ayes - all. H. UNFINISHED BUSINESS (Continued_ 3. Recycling a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to table until this matter could be heard before a full Council. - 4 - 6/13 Seconded by Councilmember Anderson. Ayds - Mayor Greavu, Councilmember Anderson Nay - Councilmember Bastian F. PUBLIC HEARINGS (Continued) 3. 7:30 P.M., Kennel License: Sylvia L. Brown a. Mayor Greavu convened the meeting for a public hearing regarding the request of Sylvia Brown for a kennel license to house four (4) dogs and six (6) cats at 2095 Sloan Street. b. Manager McGuire presented the Staff report. c. Sylvia Brown, the applicant, spoke on behalf of her request. d. Mayor Greavu called for proponents. Noen were heard. e. Mayor Greavu called for opponents. The following were heard: Thomas L. Thordson, 2103 Sloan Street. Jeanette Sowada, 2094 Sloan Street f. Mayor Greavu closed the public hearing. g. Mayor Greavu moved to table this matter until the meeting of June 27 1988. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmember Anderson Nay - Councilmember Bastian. 2. 7:20 P.M., Kennel License: Lynn Lawver (Continued) d. Mayor Greavu called for proponents. A representative of Lynn Lawver spoke on behalf of the kennel license. e. Mayor Greavu called for opponents. The following were heard: John Johnson, 2335 E. Maryland Carl Olson, 2325 E. Maryland Russell Niezgocki, 2319 Maryland f. Mayor Greavu closed the public hearing. g. Councilmember Anderson moved to deny the request of Lynn Lawver for a kennel license at 2345 Maryland Avenue. Seconded by Mayor Greavu. Ayes - all. - 5 - 6/13 4. 7:40 P.M., On Sale Intoxicating Liquor License: Rocky Rococa j a. Mayor Greavu convened the meeting for a public hearing regarding the request of Neeshia Lee Castrodale for an On -Sale Intoxicating Liquor License at 1935 Beam Avenue. The establishment will be operated under the name of Rocky Rococo Restaurant. b. Manager.McGuire presented the Staff report. c. Neeshia Lee Castrodale, the applicant, spoke on behalf of her request. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. 'Mayor Greavu.closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 88 -6 -88 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council.of the City of Maplewood on June 13, 1988, an On -Sale Intoxicating Liquor License was approved for Neeshia Lee Castrodale, dba Rocky Rococo Restaurant, 1935 Beam Avenue, Maplewood, Mn. 55109. The Council proceeded in this matter as outlined under the provisions of the City ordinances. Seconded by Councilmember Bastian. Ayes - all. I. NEW BUSINESS 1. Tax Exempt Financing Criteria a. Manager McGuire presented the Staff report. b. Director of Community Development Olson presented the specifics of the proposal. c. Chairman Lorraine Fischer presented the Housing and Redevelopment Authority recommendation. d. Mayor Greavu moved to refer this matter to the H.R.A. for further review. Seconded by Councilmember Anderson. Ayes - all. 2. Resolution Providing for the Public Sale of G.O.'Improvement Bonds of 1988. i a. Manager McGuire presented the Staff report. 6 - 6/13 b. Mayor Greavu introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC SALE OF $4,160,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1988 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. It is hereby found, determined and declared that this City should issue $4,160,000 General Obligation Improvement Bonds of 1988 to finance the construction of various improvements in the City. 2. This Council shall meet at the time and place specified in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of $4,160,000 General Obligation Improvement Bonds of 1988 of said City. 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the offi- cial .newspaper of the City and in Commercial West not less than ten days in advance of date of sale, as provided by law, which notice shall be in substantially the form set forth in Exhibit A attached hereto. 4. The terms and conditions of said bonds and the sale thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorporated herein•by reference. Seconded by Councilmember Anderson. Ayes - all. 3. Application For Cancellation of Ambulance Bill a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved cancellation of the paramedic ambulance service charge against Lois Ahlstrom. ,Seconded by Mayor Greavu. Ayes - all. 4. Lakeview Lutheran Church a. Mr. Vern Rylander, representing Lakeview Lutheran Church, 1194 E. County Road C, informed the Council of the Church's position and plans regarding land use. 5. First Draft Emergency Preparedness Ordinance a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved first readi.ne n Seconded by Councilmember Anderson. Ayes - all. - 7 - 6/13 6. City Newsletter a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to Councilmember Anderson withdrew his motion. c. Councilmember Bastian moved to approve the format change. Motion died for lack of a second. d, Councilmember Bastian moved to .table this item until the meeting of June 27, 1988. Seconded by Councilmember Anderson. Ayes - all. 7. Sale of Old City Hall a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved that the City re -list the building with Realtv throueh December 31. 1988. and also that the Citv activelv try ti Seconded by Mayor Greavu. Ayes - all. 8. Final Plat: Crestview Fourth Addition a. Manager McGuire presented the Staff report. b. Marlin Grant, Mary Anderson Construction, Inc., spoke on behalf of the proposal for final plat and also asked Council approval to construct dwellings before conditions are final. c. Mayor Greavu moved to approve Crestview Fourth Addition final plat subject to all conditions being finalized. Seconded by Councilmember Anderson. Ayes - all. d. Councilmember Bastian moved to table Mr. Grant's request for ten minutes. Seconded by Mayor Greavu. Ayes - all. 9. Shamrock - Sign Permit a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to app rove the Shamrock Sign Permit subject to conditio. Seconded by Councilmember Bastian. Ayes - all. - 8 - 6/13 i 10. Cave's English Street Second Addition: Time Extension. a. Manager McGuire presented the Staff report. b.. Councilmember Anderson moved to approve a one -year time extension for Cave's English Street Second Addition planned unit development. Seconded by Mayor Greavu. Ayes - all J. VISITOR PRESENTATIONS 1. MacDonald Meade a. Mack Meade, Maplewood Review Reporter, announced this would be his last meeting. He is being transferred to New Brighton. b. Councilmember Bastian moved to waive the Rules of Procedure to make a motion. Seconded by Mayor Greavu. Ayes - all. c. Councilmember Bastian moved to declare June 15, 1988, as Mack Meade Day and introduced the following resolution and moved its adoption; 86 -6 -90 WHEREAS, MacDonald Meade, has been a staff writer for the MAPLEWOOD REVIEW for many years; and WHEREAS, Mack Meade has performed his duties as a reporter with dili- gence and tenacity at all times; and WHEREAS, Mack Meade has reported the proceedings of the Maplewood City Council with both fairness and accuracy; and WHEREAS, the City of Maplewood will miss Mack Meade and his excellent reporting and his attendance at the Council meetings; NOW, THEREFORE, BE IT HEREBY RESOLVED THAT THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, with great appreciation and thankfulness for a job well done, wishes him the best of luck in his new endeavors. BE IT FURTHER RESOLVED that June 15, 1988, be declared MacDonald Meade Day. Seconded by Councilmember Anderson. Ayes - all. K. COUNCIL PRESENTATIONS 1. Parks a. Councilmember Bastian suggested vacant park land be planted with wild flowers and discuss with the Boy Scouts to maintain such acreage. - 9 - 6/13 b.. Referred to Park and Recreation Commission. c. Councilmember Anderson commented on several parks under construction, but nothing being done to prevent high winds blowing the dirt around. d. Councilmember Bastian instructed. Staff to inquire as to what other cities are doing about wind erosion. Seconded by Councilmember Anderson. Ayes -- all. 2. Garbage Assessment a. Councilmember Bastian Seconded by Mayor Greavu. Ayes - all. 3. Windows, Greenhouses, Corner Sales a. Councilmember Bastian requested Staff to review the City ordinances regarding temporary greenhouses, corner sales of shrimp, vegetables, etc., and window sales areas (trucks parked in front of businesses). 4. East Community Family Services a. Councilmember Bastian stated he is considering resigning from the East Community Family Service Board. They meet every third Tuesday if anyone is interested. b. Councilmember Anderson stated he is interested.. 5. 30 Foot Setback 6. Mineral Extract Ordinance a. Councilmember Bastian moved that the Mineral Extract Ordinance be reviewed Seconded by Mayor Greavu. Ayes - all. b. Councilmember Bastian stated the question of the legislative intent as to the 30 foot setback was discussed by the Advisory Committee to the Water Board. 7. Cable TV a. Councilmember Anderson stated that Cable TV cannot televise the Council meetings because of the lack of light. $2,000 is needed to provide adequate lighting. b. Referred to Staff. - 10 - 6/13 I. NEW BUSINESS (Continued) 9. Final Plat: Crestview Fourth Addition a. Marlin Grant withdrew his second request. K. COUNCIL PRESENTATIONS (Continued) 8. Water Tower a. Councilmember Anderson commented on the overflow from the Water Tower. L. ADMINISTRATIVE PRESENTATION None. M. ADJOURNMENT 9:17 P.M. City Clerk - 11 - 6/13 MINUTES OF MAPLEWOOD CITY COUNCIL 7 7 :00 P.M., Monday, June 27, 1988 Council Chambers, Municipal Building Meeting No. 88 -14 A'. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order by Mayor Greavu at 7:00 P.M. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary.W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George V. Rossbach, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 88 -8 (April 25, 1988) Councilmember Anderson moved to approve the Minutes of Meeting No. 88 -8 (April 25, 1988) as corrected: Page 14, Items K -4 A -1 "is filled with dirt" not "overfloteing" Seconded by Councilmember Rossbach. Ayes - all. 2. Meeting No. 88 -8A (April 28, 1988) Councilmember Bastian moved to approve the Minutes of Meeting No. 88 -8A (April 28, 1988) as submitted. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Bastian, Juker & Rossbach Councilmember Anderson abstained. 3. Meeting No. 88 -11 (May 23, 1988) Councilmember Anderson moved to approve the Minutes of Meeting No. 88 -11 (May 23, 1988) as corrected: Page 9, Item F -2 -12 "Motion died for lack of a second." Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach. Councilmember Bastian abstained. 6/27 f .... D. APPROVAL OF AGENDA i4 2� Councilmember Bastian moved to approve the Agenda as amended: 1. Add Item I -11, Water Department 2. Add Item I -12, Maplewood Meadows 3. East Community Family Services Board 4. Dust Erosion 5. Water Tips 6. Group Home 7. Open Space 8. Recycling in Parks 9. Blind Access - County Road C 10. Transient Businesses 11. New Library - Resolution, Item I -13 12. Resolution - Highwood Avenue and Lakewood. Seconded by Councilmember Rossbach. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Rossbach Ayes - all to approve the Consent Agenda as recommended: 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses, check register dated >' <) 6 -21 -88 - $407,354.58: Part II, Payroll, pay period ending 6 -03 -88 - $151,516.23;..::' pay period ending 6 -17 -88 - $155,323.13) as submitted. 2. Budget Transfer - Audit Costs Approved a budget transfer of $4,560 from the General Fund Contingency Account to finance the audit bill. 3. Budget Transfer - Insurance Deductible Authorized the City Manager to approve budget transfers from the General Fund Contingency Account for uninsured losses in excess of $250.00. 4. Employee Assistance Program Authorized the renewal of the contract with T.E.A.M. for one year at the rate of $12.00 per employee per year. 5. Water District No. 6 - Reduction of Retainage Approved that the retainage for the water tower, 86 -03 be reduced to 27. 6. Fill Vacancy in Utility Division Authorized the filling of the vacancy in the Utility Division. 7. Overlay Program Approved the overlay program as submitted. - 2 - 6/27 ..... .... __ . ... F. PUBLIC HEARINGS 1. 7:00 P.M., 2280 Stillwater Avenue (Lincoln Park Seniors Residence) a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) , c. Variance - Four Stories d. Variance - Area Unit e. Reduced Parking f. Conditional Use Permit - Four Stories 1. Mayor Greavu convened the meeting for a public hearing regarding . the proposal to construct an 86 unit multiple dwelling for older adults. The project requires the following approvals: a. Aland use plan amendment from C, church, to RH, residen- tial high density, and RL, residential low density. b. Rezoning from R -1, single dwelling, to R -3, multiple dwelling. c. A variance or code amendment to construct a four -story struc- ture that is one story taller than permitted in the shoreland of Beaver Lake. d. A variance or a code amendment to allow 1,520 square feet of area per unit, rather than the 5,000 square feet per unit required in the shoreland of Beaver Lake. e. Approval to allow 111 fewer parking spaces (74 open and 37 garage) than generally required for multiple dwellings. f. A conditional use permit to exceed three stories of building . height. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Mike Ayers presented the Planning Commission recom- mendation. 5. Mayor Greavu called for proponents. The following were heard: Mary Hagglund, representing Community for Affordable Senior Housing Harry Olson, Architect for the proposal., Muffie, Gabler, Westminster Management I Joe Bolan, Vice President of Community for Affordable Senior Housing. 6. Mayor Greavu called for opponents. The following were heard: Resident 910 No. McKnight Road Matt Brockway, 918 No. McKnight Road - 3 - 6/27 Bill Robbins, 2277 Stillwater Sue Fiola, 2293 Stillwater Letter from Mary and Susan Hayes, 834 No. McKnight Road 7. Mayor Greavu closed the public hearing. 8. .Plan Amendment Mayor Greavu introduced the following resolution and moved its adoption: 88 -6 -91 WHEREAS, the Community for Affordable Senior Housing (C.A.S.H.) initiated an amendment to the Maplewood.Comprehensive Plan from C, church, to RH, residential, for the undeveloped land on the south and west sides of the Beaver Lake Lutheran Church property. This property is more commonly described as 2280 Stillwater Avenue. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on May 2, 1988, to consider this plan amendment. Notice thereof was pub- lished and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on June 27, 1988. The Council considered report and recommenda- tions from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment be approved on the basis of the following findings of fact: 1. Beaver Lake Lutheran Church has declared this area as excess property for church purposes. 2. The RH, residential high density designation, is compatible with the existing RH development to the east (Silver Ridge Apartments), the planned RH development to the southeast, and the church use to the west and northwest. 3. The RL designation along the McKnight Road frontage would be com- patible with the single dwellings across the street. 4. The proposed structure would be at least 400 feet from the nearest single dwellings. Seconded by Councilmember Bastian. Ayes - all. 9. Rezoning Mayor Greavu introduced the following resolution and moved its adoption: - 4 - 6/27 88 -6 -92 WHEREAS, Community for Affordable Senior Housing (C.A.S.H.) initiated a rezoning from R -1, single dwelling to R -3, multiple dwelling for the following- described property: (Legal description to be filled in once an RLS or plat description is available. The area to be rezoned is shown on Page 16.) WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on May 2, 1988. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on June 27, 1988, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning commission. NOW, THEREFORE, BE IT RESOLVED'BY THE MAPLEWOOD CITY COUNCIL that the above - described rezoning be approved on the basis of. the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code and the comprehensive plan. 2. 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, and the public welfare because additional senior housing opportunities will be provided, for which a demand has been demonstrated. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facili- ties, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Bastian. Ayes - all. 10. Variance - Four Stories Mayor Greavu moved to table the variance for four stories item until the meeting of July 11, 1988. Seconded by Councilmember Bastian. Ayes - all. - 5 - 6/27 11. Variance - Area Unit Reduced Parking Conditional Use Permit - Four Stories Councilmember Bastian Seconded by Councilmember Juker. Ayes - all. 2. 7:10 P.M., Code Amendment: Shoreland Overlay District - 2nd Reading (4 Votes) Mayor Greavu moved to table this item until the July 11 1988 Meetin Seconded by Councilmember Bastian. Ayes - all. 3:- 7:20 P.M., Cope Avenue Improvement 85 -26 Public Hearing a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to improve Cope Avenue from White Bear to Ariel Street by con - struction of water main, sanitary sewer, storm sewer, services and street with concrete curb and gutter. b. Manager McGuire presented the Staff report. c. City Attorney Bannigan explained the legal procedures of the public hearing. d. Director of Public Works Haider presented the specifics of the proposal. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following voiced their opinions: Nancy Anderson, 1586 Lakewood Drive Tony Oswald, 1700 No. Rosewood Ave. E. Charles Themmes, 1928 Castle Ave. John Glasau, 2271 Craig Place James Pomush, 7 W.Golden Lake Road, Circle Pines. Helga Gerhke, 1917 E. Cope Luther Gerhke, 1917 E. Cope f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 88 -6 -93 WHEREAS, after due notice of public hearing on the construction of water main, sanitary sewer, storm sewer, services and street with concrete curb and gutter on Cope Avenue from White Bear Avenue to Atiel Street, known as City Project 85 -26, a hearing on said improvement in accordance - 6 - 6/27 with the notice duly given was duly held on June 27, 1988, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct water main, sanitary sewer, storm sewer, j .services and street with concrete curb and gutter on Cope Avenue from White Bear Avenue to Ariel Street as described in the notice of hearing thereof, and orders the same to be made. 2. The City Engineer is designated Engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. Seconded by Councilmember Anderson. Ayes -Mayor Greavu, Councilmember Anderson, Juker and Rossbach Nay - Councilmember Bastian. G. AWARD OF BIDS 1. Property Liability and Worker's Compensation Insurance. a. Manager McGuire presented the Staff report. b. Director of Finance Faust explained the bids. c. Mayor Greavu moved to approve the following: 1. Continuance of LMCIT and Hartford coverages through the Ekblad, Pardee and Bewell Agency without the optional coverages for Pollution and inverse condemnation. 2. Selection of a retro rating plan for workers compensation coverage with the LMCIT. i Seconded by Councilmember Anderson, Ayes - all, H, UNFINISHED BUSINESS 1. Dental Insurance for Retirees a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 88 - 6 -.94 WHEREAS, the City of Maplewood presently offers its active employees group dental insurance, and - 7 - 6/27 WHEREAS, certain employees have expressed an interest in continuing ;? group dental insurance as part of the City's group after retirement, and WHEREAS, the City has no objection at this time to allowing retirees having a minimum of 20 years service with Maplewood and being at least 55 years old to participate in the.City's group dental insurance at the retiree's cost for as long as they are eligible to continue in the City's Group Health Insurance Plan, and WHEREAS, the City does not warrant, guarantee nor does it recognize any vested rights accruing to retirees that may participate in the City's group dental insurance, and WHEREAS, the City may from time to time change or eliminate the benefits available through the group dental insurance. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA CITY COUNCIL that retirees meeting the following conditions be allowed to participate in the City's group dental insurance plan: 1. Request the group dental insurance prior to retirement. (This pro- gram is not available to individuals already retired or those that do not make a request prior to retirement.) 2. Have attained the age of 55 years and been employed by the City for at least 20 years. 3. Sign a waiver stating the City can change or eliminate the program at its discretion and agreeing to pay all costs associated with the group dental insurance provided. BE IT FURTHER RESOLVED, that this policy is retroactive.to January 26, 1987. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian 2. Code Amendment: Residential Uses /Home Occupation - 2nd Reading (4 Votes) e. Manager McGuire presented the Staff report b. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 627 AN ORDINANCE PERTAINING TO THE REGULATION OF HOME OCCUPATIONS AND THE USES PERMITTED IN RESIDENTIAL DISTRICTS THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Sec. 36 -6 (Zoning Code). Definitions are hereby amended to include the following: - 8 - 6/27 Commercial equipment: Equipment not normally associated with residential use, including cement mixers, snow plows, or heavy duty compressors, Heavy commercial vehicle: A vehicle including trailers, with more than a three - quarter ton .payload rating. Tractor trucks, wreckers, backhoes or dump trucks are included in this definition. This definition does not in- clude the resident's recreational vehicles. Light commercial vehicle: A vehicle with a payload rating of three - quarter ton or less on which is attached a snow plow, glass carrier, crane or similar commercial attachment. Premises: A tract of land, including any buildings thereon. Section 2. Article II, Division 2 (F, farm residence district) is amended as follows: DIVISION 2..F, FARM RESIDENCE DISTRICT Sec. 36 -51. Permitted uses. The only uses permitted in a F, Farm Residence District are as follows: (1) Any use permitted in the R -1 Residence District. (2) General farming or gardening, including the use or storage of associated farm equipment. (3) Commercial greenhouses and nurseries. (4) Permanent stands for the sale of agricultural products produced on the p}emises. These stands to be constructed according to setback rules and regulations. Sec. 36 -52. Conditional uses. The following uses may be permitted by conditional use permit: (1) Any use allowed by conditional use in the R -1 Residence District, except that equipment used for on -site farming shall be a permitted use. (2) Livestock raising and handling. (3) Manufactured home park. (4) Golf Course Sec. 36- 53- 36 -65. Reserved. Section 3. Sec. 36 -66. Permitted uses (R -1, single - dwelling district) is hereby amended as follows: - 9 - 6/27 Sec. 36 -66. Uses. a. Permitted uses. The only uses permitted in the R -1 Residence District are as follows: (1) No more than one single - family dwelling and its accessory buildings on each lot. (2) Public parks and play grounds. (3) Home Occupations, subject to the licensing requirements ' stated in Article II, Chapter 17. Home occupations shall include commercial plant nurseries and greenhouses from a property with a dwelling. (4) One manufactured home may be temporarily parked on improved property temporarily with City Council approval by special permit. The City Council shall set the. time period and condi- tions of use. (5) No more than one light commercial vehicle with each house. b. Conditional uses. The following uses may be permitted by condi- tional use permit: I. The storage or parking of heavy commercial vehicles or equipment, or more than one light commercial vehicle, unless used for author- ized on -site construction. 2. Golf Courses c. Prohibited uses. The following uses are prohibited': 1. The raising or handling of livestock or animals causing a nuisance, except for licensed kennels. 2. Accessory buildings without an associated dwelling on the same premises. 3. Commercial plant nurseries, commercial greenhouses, farms or any structure for the sale or display of commercial products, when not on a property with a residential use. Section 4. Sections 36 -81 and (R -E, Residential Estate District) are amended as follows: Section 36 -81. Permitted and conditional uses. Any permitted or conditional use permitted in an R -1 Residence District (single dwelling) is permitted in a R -E Residence Estate District. Section 36 -82. Accessory uses. Prohibited uses. Any accessory use permitted in an R -1 Residence District (single dwelling) is permitted in the R -E Residence Estate District, except: - 10 - 6/27 (1) Used car lots. (2) The wrecking of automobiles or trucks including the sale of used cars Any prohibited use in the R -1 district is prohibited in the R -E District. Section 5. Section 36 -86 (R -2, Double Dwelling District) is hereby amended as follows: Section 36 -86. Uses. a. Permitted uses. The only uses permitted in the R -2 Residence District are as follows: 1. Any permitted use in the R -1 District. 2. Double dwellings. b. Conditional uses. The following uses may be permitted by conditional use permit: 1. Any use permitted by conditional use permit in the R -1 District. Section 6. Section 36 -94 is added to the R -2 District: Sec. 36 -94. Minimum floor areas. The minimum habitable floor area for each R -2 Residence District dwelling unit shall be at least: five hundred eighty (580) square feet per.ef- ficiency or one - bedroom unit; seven hundred forty (740) square feet per two- bedroom unit; eight hundred sixty (860) square feet per three - bedroom unit; one thousand forty (1,040) square feet per four - bedroom unit. Section 7. Section 36 -108 (R -3 Multiple Dwelling District) is hereby amended as follows: Sec. 36 -108. Uses. a. Permitted uses. The only uses permitted in the R -3 District are as follows: I. Multiple dwellings, including double dwellings. 2. Any use permitted in the R -1 District, except single- family j dwellings. b. Conditional uses. The following uses may be permitted by conditional use permit: 1. Any use permitted by conditional use permitin the R -1 District. 2. Boarding or lodging house, except a hotel or motel. 3. Nursing home. c. Prohibited use: a single - family dwelling - 11 - 6/27 Section 8. Sec. 17 -21 to 17 -25 (Home Occupations) is hereby amended as >`? follows: Section 17 -21. License requirements. (a) Home occupations shall require a license if any of the following circumstances would occur more than 30 days each year: 1 1. Employment of a nonresident in the home occupation. 2. Customers visiting the premises. 3. Manufacture of products on the premises. 4. More than one vehicle associated with the home occupation which is classified as a light commercial vehicle. 5. A vehicle(s) used in the home occupation, and parked on the premises, which exceeds a three- quarter ton payload capacity. (b) Home occupations requiring a license shall be subject to, but not limited to, the following requirements: 1. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off - street parking shall not ex- ceed more than three off - street parking spaces for home occupa- tion at any given time, in addition to the parking spaces re- quired by the residents. 2. No more than one nonresident employee shall be allowed to work on the premises. Nonresident employees who work off premises may be allowed to visit the premises. If an on -site employee is parking on -site, off -site employees shall not leave their vehicles on -site. If there is no on -site employee vehicle parked on- site, one off - site employee vehicle may be parked on -site. 3. No vehicle associated with the home occupation, including customers or employees, shall be parked on the street or block sidewalks or public easements. Private vehicles used by the residents shall not be included in this requirement. i 4. An area equivalent to no more than twenty (20) percent of each level of the house, including the basement and garage, shall be used in the conduct of a home occupation. 5. There shall be no change visible off premises in the outside appearance of the building or premises that would indicate the conduct of a home occupation, other than one sign meeting the requirements of the City sign code. - 12 - 6/27 i - 6. No more than 209 of business income shall come from the sale of products produced off -site unless approved by the City Council. 7. No equipment or process shall be used in such home occupation which creates noise, vibration,'glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. 8. There shall be no fire, safety or health hazards. 9. A home occupation shall not include the repair of internal combus- tion engines, body shops, machine shops, welding, ammunition manu- facturing or other objectionable uses as determined by the City. Machine shops are defined as places where raw metal is fabricated, using machines that operate on more than one hundred twenty (120) volts of current. 10. Any noncompliance with these requirements shall constitute grounds for the denial or revocation of the home occupation license. 11. The City may waive any of these requirements if the home occupa- tion is located at least three hundred fifty (350) feet from the property lime of an adjacent residence. 12. The City Council may add any additional requirements that it deems necessary to.insure that the operation of the home occupation will be compatible with nearby land uses. Section 17 -22. Original license approval procedure. An application for home occupation shall be filed with the Director of Community Development. Upon receipt of a complete application, the Director of Community Development shall prepare a recommendation to the Planning Commission. The Plan- ning Commission's recommendation shall be forwarded to the City Council for a public hearing. The City Council shall hold a public hearing on the request. Notice of the hearing shall be mailed to the owners of all properties located within 350 feet of the home occupation at least ten days prior to the date of the hearing. Said notice shall also be published in the official newspaper at least ten days prior to the date of hearing. Section 17 -23. License renewal. Each license holder shall apply to the City Clerk each January for renewal. Print to issuance of a license renewal, the City shall determine that all licensing conditions and city ordinances are being met. The City Clerk shall revoke the license where compliance with the licensing conditions or City ordinances cannot be obtained or where the home occupation has been discontinued. Revocation may occur at any time that compliance with license conditions or City ordinance cannot be obtained. - 13 - 6/27 Section 17 -24 Appeal. The owner or his assign of a home occupation whose license has been revoked by the City Clerk may appeal the decision to the City Council. To request an appeal, a written letter of request must be submitted to the City Clerk within thirty (30) days of the license revocation. The City Council may revoke, approve or add additional conditions to the license. The City Council shall hold a public hearing, using the notification procedures in Section 17 -22, before deciding on the appeal. Section 17 -25. Transfer of license. No license granted for a home occupation shall be transferable from person to person or place to place. Section 9. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Rossbach. Ayes - Councilmembers Anderson, Bastian, Juker and Rossbach. Nays - Mayor Greavu. 3. Newsletter a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to authorize the change of format of the City Newsletter, "Maplewood In Motion." Motion died for lack of a second. c. Councilmember Bastian moved to table. Motion died for lack of a second, d. Councilmember Anderson moved to deny. Motion died for lack of a second. e. Councilmember Bastian moved to approve the change of format for the City Newsletter. Seconded by Councilmember Rossbach. Ayes - Councilmembers Bastian and Rossbach Nays - Mayor Greavu, Councilmembers Anderson and Juker. Motion defeated. 4. Kennel Permit Sylvia Brown a. Manager McGuire presented the Staff report. - 14 - 6/27 b. Sylvia Brown, the applicant, spoke on behalf of her request for a kennel permit at 2095 Sloan Street. c. Mayor Greavu moved to deny the request of Sylvia Brown for a kennel permit. - -- Seconded by Councilmember Anderson. Ayes - all. 5. Curbside Recycling a. Manager McGuire presented the Staff report. b. Cathy Juenemann, Waste Recycling Committee, spoke on behalf of the proposal. c. Councilmember Rossbach moved to advertise for bids for curbside recycling 'Seconded by Councilmember Bastian. Ayes - Councilmembers Bastian and Rossbach Nays - Mayor Greavu, Councilmembers Anderson and Juker. Motion defeated. 6. Ski Jump Pond Project 87 -21 a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to deny the Ski Jump Property Storm Water Pond Project 87 -21. Seconded by Councilmember Anderson. Ayes - All. I. NEW BUSINESS 1. Humane Society - Lynda Ahlgren a. A representative of the Humane Society of Ramsey County spoke requesting Council adopt an ordinance prohibiting the awarding of animals as prizes in games of chance. b. Councilmember Bastian moved_ first reading of an ordinance animals as prizes. prohibiting awarding Seconded by Mayor Greavu. Ayes - all. 2. Dege Garden Center a. Mr. George Dege requested clarification of his conditional use permit condition. b. Mr. Carl Norberg, Attorney representing the citizen group in the area, spoke on what the neighbors perceive the conditions to be. - 15 - 6/27 c. Mayor Greavu moved to table this item until July 11 1988 Seconded by Councilmember Juker. Ayes - all. 3. Appeal of C.D.R.B. Condition (Finamart) a. Mayor Greavu moved to table this Item to the July 11 1988 Meeting Seconded by Councilmember Anderson. Ayes - a11. G. Housing Needs of the Homeless a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to involve the East Community Family Center in this matter. Seconded by Councilmember Anderson. Ayes - all. 5. Resolution: Heritage Theatre a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 88 -6 -95 WHEREAS, the Heritage Theatre Company has proposed use of the Ramsey County Barn hayloft as a theater, which fulfills a need in this area of Ramsey County, and WHEREAS, this proposal appears to meet that part of the Ramsey County Mission Statement, to wit, "support a rich, vital and diverse cultural environment in the arts, sciences and humanities ", and, WHEREAS, Heritage Theatre Company members are known to this Council as I reliable,. long -time, community - minded residents of Ramsey County, and, WHEREAS, the City Council of Maplewood supports this theater effort j and will give every feasible assistance, NOW, THEREFORE, THE CITY COUNCIL OF MAPLEWOOD earnestly requests the Ramsey County Board of Commissioners to do all in their power to make this theater a reality. Seconded by Councilmember Rossbach. Ayes - all. 6. T.H. 120. Task Force Study a. Manager McGuire presented the Staff report. - 16 - 6/27 b. Councilmember Bastian introduced the following resolution and moved its adoption: WHEREAS, Trunk Highway 120 serves as a major transportation facility; and WHEREAS, Trunk Highway 120 is in a deteriorating condition and needs to be upgraded to a higher design standard to meet existing and projected trans- portation needs; and WHEREAS, the Minnesota Department of Transportation has jurisdiction of Trunk Highway 120 and responsibility for its operation, maintenance and capi- tal improvements; and WHEREAS, the Minnesota Department of Transportation, in cooperation with the local municipalities and counties, has conducted a study, T.H. 120 Task Force Study, to determine the deficiencies and governmental support to re- construct Trunk Highway 120; and WHEREAS, said Study does recommend programming the reconstruction Trunk Highway 120 as part of the Minnesota Department of Transportation 20 Year Plan. r NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLE - WOOD, MINNESOTA as follows: 1. The City Council does hereby endorse the findings and recommendations of the Trunk Highway 120 Task Force Study. 2. The City Council does hereby request the Minnesota Department of Transportation to incorporate the reconstruction of' Trunk Highway 120 into its 1988 Edition of its 20 Year Plan. 3. The City Council does hereby request the Minnesota Department of Transportation to initiate further planning and engineering studies to expedite and implement the reconstruction of Trunk Highway 120. 4. The City Council does hereby request the Minnesota Department of Transportation to pursue all funding sources, including the establish- ment of new funding sources, to finance the highway improvements as set forth in the 20 Year Plan. Seconded by Mayor Greavu. Ayes - all. 7. Meyer Street - Schedule Assessment Hearing a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: - 17 - 6/27 88 -6 -97 WHEREAS, the City Clerk and City Engineer have received bids for the improvement of Meyer Street Water Main, City Project 87 -13. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calcu- late the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilmember Anderson. Ayes - all. c. Mayor Greavu introduced the following resolution and moved its adoption: WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Meyer Street Water Main, City Project 87 -13, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA: 1. A hearing shall be held on the 25th day of July, 1988, at the City Hall at 7:00 P.M., to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the pro- posed assessment roll is on file with the Clerk and that written or oral ob- jections will be considered. Seconded by Councilmember Anderson. Ayes - all. 8. Boxwood Avenue - Schedule Assessment Hearing a. Manager McGuire presented the Staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: - 18 - 6/27 88 -6 -99 sl WHEREAS, the City Clerk and City Engineer have received bids for the improvement of Boxwood Avenue from McKnight Road to Dorland Road, City Project 87 -19. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA; that the City Clerk and City Engineer shall forthwith calcu- late the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assess- ment notify the Council thereof. Seconded by Mayor Greavu. Ayes - all. c. Councilmember Bastian introduced the following resolution and moved its adoption: 88 -6- 100 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Boxwood Avenue from McKnight Road to Dorland Road, City Project 87 -19, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 25th day of July, 1988, at the City Hall at 7:10 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Mayor Greavu. Ayes - all. 9. Highway 61 - Schedule Assessment Hearing a. Manager McGuire presented the Staff report. - 19 - 6/27 b. Councilmember Rossbach introduced the following resolution and moved its adoption: 88 -6- 101 WHEREAS, the City Clerk and City Engineer have received bids for the improvement of Highway 61 Water Main from Kohlman Avenue to Beam Avenue, City Project 87 -44. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calcu- late the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nays - Councilmember Bastian. c. Councilmember Rossbach introduced the following resolution and moved its a_ d t_p ion: 88 -6 -102 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Highway 61 Water Main, City Project 87 -44, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 25th day of July, 1988, at the City Hall at 7:20 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date,'time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. - 20 - 6/27 10. Five -Year Capital Improvement Plan (4 Votes) Councilmember Bastian moved to table this item until July 11 1988 11. Water Department a. Carolyn Peterson requested Council clarification of Section 36 -595 of the Mineral Extraction Ordinance regarding "no operation closer than thirty (30) feet from the boundary of an adjoining property." She presented a preliminary sketch of the plans for terracing the neighbor's property to create a barrier from the water department property. b. Councilmember Bastian Seconded by Councilmember Anderson. Ayes - all. 12. Maplewood Meadows a. Councilmember Bastian moved to table this item and refer same to Staff. Seconded by Councilmember Anderson. Ayes - all. 13. Ramsey County Library a. Councilmember Bastian introduced the following resolution and moved its i adoption: 8 8 -6 -103 WHEREAS, the Maplewood Mall area has been identified by.the Library Board and the Board of Ramsey County Commissioners as a future location of a public library for the people of the eastern part of suburban Ramsey County, and WHEREAS, Ramsey County is in possession of approximately 5.26 acres on the southeast corner of Beam Avenue and Kennard Street which includes 2.26 acres of tax forfeited land which the State of Minnesota has designated for open space and 3.0 acres which Ramsey County has designated to Parks and Recreation for wet lands, and WHEREAS, the above mentioned site meets Library Board criteria including being located on a major road and near retail activity, and WHEREAS, SOME ADJACENT PARCELS OF LAND ARE OWNED BY Ramsey County or the City of Maplewood and could be utilized for library and /or water drainage purposes, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF MAPLEWOOD recommends to the Board of Ramsey County Commissioners that the southeast corner of Beam Avenue and Kennard Street be designated as a future location of a public library. Seconded by Councilmember Anderson. Ayes - all. - 21 - 6/27 K. COUNCIL PRESENTATIONS 1. East Family Community Center Board a. Councilmember Bastian announced his resignation from the Board of the East Family Community Services. 2. Dust No Discussion. 3. Brown Outs a. Councilmember Bastian requested Staff to draft an ordinance whereby N.S.P. has to notify Maplewood when there have been "brown outs." G. Water Tips a. Councilmember Bastian requested Staff to find out how to provide informa- tion to the residents on how to reduce water useage. 5. Blind Access a. Councilmember Rossbach requested Staff to contact the County regarding blind access signs along their roadways. 6. Transient Businesses No discussion. 7. Croup Homes No discussion. 8. Open Space No discussion. L. ADMINISTRATIVE PRESENTATION None. M. ADJOURNMENT 11:58 P.M. City Clerk - 22 - 6/27 Agenda Number E -1 TO: City Manager FROM: Finance Director RE: APPROVAL OF CCA3M DATE: August 16, 1988 AGENDA REPORT Action by Council :. Endorse Modifie Rejected Date It is recommended that the Council approve payment of the following claims: Accounts Payable: $ 198,086.21 Checks #7991 - #8024 Dated 08 -01 -88 thru 08 -08 -88 $ 73,946.15 Checks #3792 - #3884 Dated 08 -22 -88 $ 272,032.36 Total per attached voucher /check register (1,615.50 Less voided checks #3856 and #3872 $ 270,416.86 Total Accounts Payable Payroll $ 158,862.31 Payroll Checks $ 29,378.72 Payroll Deductions $ 188,241.03 Total Payroll $ 458,657.89 Grand Total Attached is a detailed listing of these claims. OFF:lnb —, Ir xu On >8 .. . . . . . . . . . . . 0 0 0 0 0 D 0 0 o "0 1 0 ro 0, rJ • 0 I v N 0 EZ Fj Li w w 0 A x W EO A < w w Ln A C-1 w z z z E CL 00 ci a jo N Lo 0 W, 0 ac 00 0 i N W CJ a J J � r O W S u 0 IF _ AGi eT: ii CftG'v. i �•it O: iGi ii FCr::p: (q N N w i f� O N N �. � O V) N ♦ • Z p 0 r C�) v) R ♦ m d 7 N V N ♦ N r •b r E E I .(' w r m .+N NO P•+ mw )Mai O♦ o. N LnN N J•`� o. r o o r;I n.w N oo ..a ♦N ro. )rti mr. .o N N r - r c n 1- . 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CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 7 -29 -88 CHECK #4478 — CHECK #4672 i� r • i a•.•. a 4 McG[TIT2E, MICHAEL $2,538.46 BLACKSTIONE, GAIL 1,374.10 ZAWACKI, KATHRYN 915.70 BERM, IRIS 942.10 JAHN, DAVID 776.86 SWANSON, LYLE 885.66 CUDE, LARRY 242.40 ZUERCHER, JOHN 157.60 OSTER, ANDREA 497.99 FAUST, DANIEL 1,934.90 TAYLOR, LINDA 928.43 MATHEYS, ALANA 968.06 VIGNALO, DELORES 949.66 ANDERSON, CAROLE 1,190.29 AUREIIUS, LUCILLE 1,788.50 SELVOG, BETTY 147.25 SCHADT, JFANNE 906.46 KELSEY, CONNIE 511.90 HOSCHKA, GERMMINE 628.06 VIETOR, LORRAINE 819.26 HENSLEY, PATRICIA 482.44 CARLE, JEANETTE 824.39 RONGSTAD, CAROLEE 480.00 COLLINS, KffiNET'H 1,996.50 RICHIE, CAROLE 819.26 SVENDSEN, JOANNE 1,029.97 NELSON, ROBERT.' 1,735.70 KANDIA, PATRICIA 161.63 OMATH, JOY 834.46 NAl=SON, CAROL 880.93 ZAPPA, JOSEPH 1,561.48 STILL,, VERNON 1,397.18 SKALMAN, DONALD 1,403.88 NELSON, CAROL 1,511.08 MORELLI, RAYMOND 1,378.28 STEFTEN, SCOTT 1,403.69 ARNOLD, DAVID 1,561.48 BANICK, JOHN 1,378.28 KOHL, JOHN 1,416.40 CAHANFS, ANTHONY 1,735.70 CLAUSON, DALE 1,403.88 NOESCHTER, RICHARD 1,403.88 PELWIER, WILLIAM 1,561.48 SZCZEPANSKI, THOMAS 1,208.49 WELCHtIN, CABOT 1,205.83 LANG, RICHARD 1,403.88 PALMA, STEVEN 1,035.88 HERBERT, MICHAEL 1,499.01 CITY OF MAPLUMD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 7 -29 -88 CHECK #4478 — CHECK #4672 is r • � i a••. DRDGER, RICHARD $ 1,593.02 MEEHAN, JR., JAMES 1,514.73 STAFNE, GREGORY 1,403.88 BECKER, RONALD 1,454.28 HAIWEG, KEVIN 2,085.50 STOC EON, DERRELL 1,397.18 PAUIOS, JR., PAUL 1,107.75 BOWMAN, RICK 1,375.98 KARIS, F7dNT 1,390.28 HEINZ, STEPHEN 1,390.28 GRAF, DAVID 1,467.08 THOMALLA, DAVID 1,563.40 YOUNGREN, JAMES 1,547.70 RAZSKAZOFF, DALE 1 VORWERK, ROBERT 1,467.08 BERGERON, JOSEPH 1,462.91 MELANDER, JON 1,467.08 EMBERISON, JAMES 1,482.90 WILSJAMS, DUANE 1,290.10 RABINE, JANET 932.86 STAHNKE, JULIE 932.86 BOYER, SODTP 836.39 SARAFOLFAN, JULIA 258.22 RYAN, MICHAEL 1,607.63 FEHR, JOSEPH 728.86 NELSON, KAREN 1,021.22 FIAUGHER, JAYME 986.68 HAIDER, KMMH 1,934.10 CHIEMCK, JUDY 986.46 WEGWER7'H, JUDITH 689.57 MEYER, GERALD 1,182.82 KM, MICHAEL 1,269.74 IDTZ, DAVID 1,084.86 FIAUSING, HENRY 1,161.44 SQ-IMOOCK, JOHN 783.26 HELEY, RONALD 1,110.93 OSWALD, ERICK 849.69 TEVLIN, JR., HARRY 1,126.46 FREBERG, RONALD 1,131.58 CASS, WIL 1,596.68 COLLINS, STEVEN 301.60 LINDBLOM, RANDY 848.86 EIJAS, JAMES 1,327.37 PECK, DENNIS 1,280.06 PRIEBE, WILLIAM 1,210.46 IRISH, BRUCE 1,442.28 GESSEIE, JAMES 1,233.67 GEISSLER, WALTER 1,291.69 MEPZ, TERRY 848.86 IOFGREN, JOHN 885.66 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 7 -29 -88 CHECK #4478 - CHECK #4672 ODEGARD, ROBERT $ 1,797.30 ffi2ENNER, LOIS 999.36 FCKWfEL, BARBARA 442.73 STAPLES, PAULINE 1,499.88 TRAVERS, DANIEL 137.25 VASQUEZ, MICHAEL 373.45 ANDERSON, ROBERT 1,093.31 LINDORFF, DENNIS 1,091.98 GARRY, WILLIAM 783.26 HELLEY, ROLAND 1,126.46 MARUSFA, MARK 1,382.39 AUR ELI US, ERIC 388.00 SCHNEIDER, GREG 440.00 awim, MYLFS 1,147.26 TURNER,, GARY 461.50 GERMAaI, DAVID 1,126.46 HAWK, JEFF 388.00 STRAUS, LAURA 13.38 MAYERS, JILL 307.50 LAMBERT, J ULIE 231.95 DOUGHTY, LINDA 296.63 SHELDON, LND 89.00 HANNEGAN, ANDREA 90.00 MUEER, FARI 210.00 JORDON, CARA 86.90 CLFAVELAND, JENNIFER 189.00 FCORLIN, PATRICIA 105.00 HOLLAND, ANDREA 272.25 DELA CRUZ, CHRISTINA, 273.00 THOMPSON, JENNIFER 167.40 GRAF, MICHAEL, 209.25 CASSEDAY, ELIZABETH 381.15 REICHOW, GREGORY 254.10 JANSEN, PAUL 305.66 PODPESKAR, KIMBERLY 265.00 RHODA, ANY 176.63 CLFAVELAND, KATHERINE 177.75 BERBER, TODD 262.50 NARUSIEWICZ, MICHAEL 63.20 ANDERSON, CHRISTY 174.00 FISCBER, PATRICIA 148.50 IKBAML, JENNY 69.13 IKHAML, JAMES 144.05 DIEBEL, GERALD 409.50 JORDAN, ERIC 132.30 PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 7 -29 -88 Z1 CHECK #4478 - CHECK #4672 CITY & COUNTY EMP CR UNION EMPIOYEE NAME GROSS PAY DORNBUSCH, AMY $ 144.90 WARD, ROY 406.40 TAUBMAN, DOUGLAS 1,196.68 GREW, JANET 1,024.86 NELSON, JEAN 314.03 HORSNELL, JUDITH 502.83 HUTCHINSON, ANN 421.17 BARTA, MARIE 804.06 DOHERTY, KATHLEEN 906.46 OISON, GEOFFREY 1,786.11 MISKELL, NANCY 225.46 LIVINGSTON, JOYCE 421.07 GENEROUS, ROBERT 666.40 EKSZRAND, THIS q , 1,305.46 JOHNSON, RANDALL 1,235.26 OSTROM, MARJORIE 1,477.96 CARVER, NICHOLAS 1,138.46 WENGER, ROBERT 1,233.66 LACASSE, CASEY 230.00 NADEAU,- EDWARD 1,174.30 Mme/ GEORGE 1,104.86 NUPESON, IAVERNE 1,532.85 BREHEIM, ROGER 1,104.86 EDSON, DAVID 1,171.83 MARTINSON, ERIC 420.00 MULVANEY, DENNIS 1,212.86 SPREIGL, GEORGE 899.26 158,862.31 PAYROLL DEDUCTIONS ICMA RETIREMENT CORPORATION Z1 $ 6,723.12 CITY & COUNTY EMP CR UNION Cl 21,781.00 AFSC4E 2725 U1 449.60 MN MUIUAL IJFE INS. 19 -3988 160.00 METRO SUPERVISORY ASSOC U3 18.00 MN STATE RETIREMENT SYSTEM Z2 247.00 L.E.L.S. P1 526.50 $ 29,378.72 GRAND TOTAL $188,241.03 I__ 7 � ^� Action by Council:. MEMORANDUM tudoroed TO: FROM: SUBJECT: LOCATION: APPLICANT/OWNER: PROJECT: DATE: Modlƒio8.~~-._-.~~ Rejootod-^._~--°� City Manager Dato__~_~� Randall Johnson, Associate Planner Final Plat Beebe Road John Saurc/ Southwinds of Maplewood Second Addition August 15, 1988 SUMMARY Introduction Approval of a final plat to create two lots. Refer to the map on page 5. Since preliminary plat approval was received, the applicant has chosen to create one large lot, west of Beebe Road, rather than five small lots" The five former lots had been each proposed for a four-plex apartment building. One, 20~~ to 30-unit structure is now being considered. Rf. ion Approve the Southwinds of Maplewood Second Addition final plat, but hold the signing of the plat until a deed is submitted to satisfy Condition Nine (Past Actions). REFERENCE Past Actions 5~^22-86: Council approved the Southwinds of Maplewood Second Addition preliminary plat, subject to: 1. Submittal of a developer's agreement with required surety, to extend sanitary sewer service to the southerly lots on the west side of Beebe Road. (Not needed with only one lot west of Beebe Road.) 2" An easement(s) shall be shown on the final plat, west of Beebe Road, for the sanitary sewer required in Condition 1" The width and location of the easement shall he approved by the city engineer, (Not needed for only one lot") 3. Right-of-way for Beebe Road shall be shown on the final plat, 30 feet on either side of the center line of the existing roadway. The city engineer shall approve the legal description for the center line. (Satisfied) 4. City engineer approval of final grading, drainage and utility plans. (Satisfied) 5. The existing pondin9 and storm sewer easement shall be shown on the final plat" (Satisfied) 6. The private driveway easement through Block Two shall be shown on the final plat in its present location or relocated as approved by the city engineer. This easement shall not be eliminated without approval by council of and amendment of the conditional use permit for Fred Moore planned unit development (Forest Green apartments)" (The county recorder will not allow a private easement to be shown on the plat.) 7^ A containment easement for Williams Brothers pipeline shall be shown on the final plat" The location shall be determined by the Williams Brothers pipeline and the applicant. (Satisfied) B. A ten-foot-wide trail easement/walkway shall be granted to the city in the vicinity of the north property line of the site between the Furness and Beebe Road rights-of-way. Prior to final plat approval, the location of the trail shall be approved by the parks director and Williams Brothers pipeline. The trail corridor may be granted to the city by quit-claim deed, as a provision of the containment easement from Williams Brothers pipeline or as a platted walkway, at the discretion of the applicant. (Satisfied) 9" Thirty-foot-wide street right~of-way shall be shown on the final plat west of a perpendicular to the Beebe Road right-of-way along the north line of Lot Five to provide access to the school district administration building, 5~`11-87 and 5-9-88: Council approved one-year time extensions. kd Attachments 1" Location Map 2° Preliminary Plat 3° Final Plat (8 1/2 X 4" Final Plat (separate 11) attachment) N L F� R I- LOCATION MAP " 3 Attachment 1 0 R LBC R L F� R I- LOCATION MAP " 3 Attachment 1 0 al r-��P,l ! GTeenl • / lee' Ypc Ilnt curl.. ✓' � 1 '� .�� (nod u, 6e.i2 419 I Fl q' s I yy I t•_ nie U�OIr Z I .. g g Z I x - 3tl A6 • R O 3 v I 261.A 9 20313 xbvxli t C ' ' & S ! 69T2Q / -� f B9•,!'It N ( 'k I t W ' 1� a�h A `I T SOUTHWINDS OF MAPLEWOOD 2ND ADDITION Preliminary Plat 4 Attachment 2 4 II is.n r. l s ' � /1 ' uo sww,.�. n sir cx.r•w Eama.11w.w )fear i si 9 b i F D 1 -- - -- --- - -- w. 3 f a � :8 n i i ai I 3 { � ` 4 15 �=wsa rpxr ��/� '• 1 p 1�• �1 � }� 1 MMNWNSM INMet IN NfnM % w i t I Rii °_Y is.n r. l s ' � /1 ' uo sww,.�. n sir cx.r•w Eama.11w.w )fear i si 9 b i F D 1 -- - -- --- - -- w. 3 f a � :8 n i i ai I 3 { II � ` 4 1 '• s N I 1 % w i t I II ` 4 '•.... ad° '• s N I 1 % w i t 3 ' .._ _.fw1 Ix(yNNiw In el5[ipN Snl« n 1 0. ^ i _ SE In •I � IF U = v, � a '" •.• i .�x «.x 6. •n wel sun M;j J.I LARPENTEUR AVENUE i DEDICATION -­, L ARPM EUP -'1 ... >•(eoe• a 0 3 r ' ;S ssl - j- 4 FINAL PLAT 5 Attachment 3 C N N t 3 ' .._ _.fw1 Ix(yNNiw In el5[ipN Snl« n •Sa� V.NSF4Y ^ i _ SE In •I � Cr .• sevsiiaw '" •.• i .�x «.x 6. •n wel sun M;j J.I ........N«m w a se V. a sbN' i 3 el iup /•I s.uw / y L 1 I 1 t If / A ' �ses5 :srw T • s - , q I O tto . s ` a f J IF V ENUE I i '... - ���. •• ...r W•I SE In Nf•tlM ♦ • J , FINAL PLAT 5 Attachment 3 C N � � ` I�` ` (� - 3 � � AOt1mz by Uonunilfl EmJorood_.~.~~_~� MEMORANDUM Modifiod~~.~.�~� Dojnotod.~°..~^~~°" TO: City Manager Duto --- FROM: / Randall Johnson, Associate Planner SUBJECT: Final Plat LOCATION: County Road B and Ariel Street APPLICANT/OWNER: Sherman-Boosalis Companies PROJECT: Parkway Terrace 3rd Addition DATE: August 15, 1988 SUMMARY Introduction The applicant is requesting final plat approval for the nine-lot third addition of the Parkway Terrace development" Discussion All of the conditions of preliminary plat approval that apply to the third addition have been satisfied. Recommendation Approve the Parkway Terrace Third Addition final plat for nine single- dwelling lots. REFERENCE Past Actions 9~^14-87: Council approved the Parkway Terrace preliminary plat subject to the following conditions: 1. Public improvements must be guaranteed for Lots 9~16, Block 1 and Blocks 2 and 3 or they must be platted as an outlot" (Satisfied) 2" Approval of a sewer plan amendment and obtain a commitment from North St. Paul to allow the lots east of those fronting on German Street to be served by North St" Paul water and sanitary sewer. (Satisfied) 3^ Construction of a permanent storm sewer outlet must be guaranteed. The proposed temporary ponding shall not be permitted unless found to be acceptable by North St" Paul. The design specifications must be approved by the city engineer, Ramsey County and North St" Paul. (Satisfied) If permanent, on-site ponding will be constructed, the plat shall include an outlot which includes one foot of elevation above the 100-year storm design. The outlot shall be dedicated to the public for drainage and storm water ponding. (Not considered) If a temporary pond will be permitted by North St" Paul a recordable drainage easement shall be submitted to the Maplewood city engineer for approval and recording. The applicant shall also pay the recording fees" Any lot(s) that will adjoin a temporary or permanent pond shall have at least 10,000 square feet outside of the easement" (Approved alternative" This pond is proposed to be eliminated when Ariel Street is constructed by North St" Paul ") 4" City engineer approval of final grading, drainage, utility and erosion control plans. The grading plan shall indicate the number, location and type of four-inch-and-larger-diameter healthy trees to be retained. These trees shall be identified for retention on the site" Evidence of North St^ Paul 's approval of the construction plans that affect them shall be provided. (Satisfied) 5" The center line of Stanich Street shall be moved west to line up with the center line of Stanich Court. All lots must comply with minimum lot requirements. (Satisfied) 6° Submittal of a temporary easement for a 100-foot cul-de-sac bulb for the end of Stanich Street, if homes will be occupied before the construction of Ariel Street is guaranteed. (Satisfied) 7" No lot that would front only on Ariel Street shall be platted until the construction of Ariel Street is guaranteed. (Satisfied) 8" The east/west portion of proposed "Stanich Curve" shall be changed to "Laurie Road" or such other name acceptable to the director of public safety. (Satisfied) 2 9" Submittal of a signed developer's agreement and required surety to guarantee, but not be limited to, the following items: a" Construction of all required on-site public improvements" (Satisfied) b. Repair of the service trenches, cut into German Street. (Satisfied) c. Planting of trees. At least 92 mature trees must be growing on the site when construction is completed. Trees shown on the final grading plan to be retained shall be credited toward the total number required" (Satisfied) 10^ Deed restrictions shall be recorded with the lots abutting County Road B stating that driveways will not be allowed on County Road 8 without city approval ^ (Satisfied) 9-^28-87: Council approved the Parkway Terrace Addition final plat for the eight lots fronting on German Street. 11-23-87: Council approved the Parkway Terrace 2nd Addition final plat for nineteen lots. mb Attachments: 1" Location Map 2. Preliminary Plat 3" Final Plat (8 1/2 x 11) 4. Final Plat (separate enclosure) � F I .... I / / I R2-+' C(IMI a „ R ?il °�l N PUD fl2 R3 R2 F e FILBC R- 30 x R PUD R� R � IhII" P - R • € R / ROAD R2 PUD R D R R2 I �L I F R J R F J FDOEMII R C .�. F Y F II © LBC R DD F - -1 00 1 a R ' La MI y R s U R LBC � E ml MI g q ® M I R R ryN Nor MI e r C MI BCI CO. (� Pl RR 2' R 1 R -3C" d ©� © ®sr n C Y O J \ R BuRxf R3 L� 4Y M 111 R \ aE R- MI $ B C F MG Ml �I, Ifl2 R � Rim . l 21 RO C OD r J P3 (R2 F i F. S 1� 41 ' I PD Lc .vt �C D ! N � ( �. ,n F R3 L R w ,T R l R F a I t R IPUD) • R SRic A2. R LJ��(� R� Iny;{� F F IF. F.� a 1R z WI R N R R3F R2 �, fl2) nvt 9c I F R 6 1 R I (' / R r q R R R Y ND� C/TY OF ST PAUL 3 " a / I- p �I 2230 g J K ti a / � n Y - I M 1, Pa rkway Terrace, "" Y '= . R Addition - Parkway Terrace I Second Addition I .1 Phase I Phase `I I DIV - -- -- --- --- S[ t41 � I 1; I E I W I 1 arc Y N o Phase III O +' 'yf Parkway Terrace Third Addition PI ✓ sI � J 21 ,Temporary Water Pon, L- ----- acme - _ r I is -- "I-� z His 'al RI 9Hi8NH3N '3'0 •Iv�il l PARKWAY TERRACE PRELIMINARY PLAT Alley and Street Right -of =Way Vacated 9 -14 -87 5 2256 Attachment 2 4 9 AN, I 1; I E I W I 1 arc Y N o Phase III O +' 'yf Parkway Terrace Third Addition PI ✓ sI � J 21 ,Temporary Water Pon, L- ----- acme - _ r I is -- "I-� z His 'al RI 9Hi8NH3N '3'0 •Iv�il l PARKWAY TERRACE PRELIMINARY PLAT Alley and Street Right -of =Way Vacated 9 -14 -87 5 2256 Attachment 2 4 (. r.i t_J: •...• ..135.00 •.... 41 t ° '_L ^133.00 -; h- y m, a j_N 10 1 10 ao a � '. �� ..... ....13400.... ... N59 °95'32'E la . a j_iiLJ (^ air✓ ° 10 O I I NB5V5'32'E 1000 a_ a0 I T' 0 pN n 10 10 \ I , L _x,15.00 ' 1 J I m ro 10° I: Li � I I L_ L 31.00 - -- m N r WEST N I"m 8 W 1 u O n:• I t o m ° --- WEST -- — Iv N L___I3TOO '1J I L 123.00 ' i J N L- - - WCSr = iJ r - -- WEST � I 8 v T' to 1 1 1 ..... ...123.00_.. � (r) `J 1 ;l i �I ao Parkway Terrace 3rd Addition Final Plat (see phase III on page A2 Attachment 3 6 4 F ^/ AGENDA ITEM MEMORANDUM TO" City Manager FROM: Assistant City Engineer SUBJECT: Fish Creek/Carver Pond, Project DATE: August 17, 1988 Action by Council: Eodoroad_°-__.~~~ Mud1f1ed~~-.~.�~~ DaJoote Project 87~22-~Termina�cr� � lut INTRODUCTION The need for a local improvement to construct the subject facility has been obviated by proposed improvements to the Fish Creek Watershed to be undertaken by Ramsey-Washington Watershed District, The directive to prepaHe a feasibility report is most appropriately rescinded" BACKGROUND ^ The Carver Heights subdivision, Project 86~19, was constructed with a temporary stormwater pond located on several lots within the subdivision in lieu of a permanent pond" The permanent pond was shown on the Maplewood Drainage Plan on private property east of the Carver Heights subdivision. The developer did not obtain the required permanent pondin8 site. A feasibility study was therefore ordered. The Maplewood Drainage Plan shows the proposed permanent pond as serving a direct tributary area and as the outlet for the existing low wetland area straddling Carver Avenue west of Sterling Street" Refer to the attached copy of the drainage plan" It was found that the low pond area on Carver is already adequately served by an existing storm sewer on Carver Avenue" The proposed Fish Creek/Carver Avenue pond is therefore only necessary to serve runoff from the Carver Heights subdivision and the property to the east bounded by Carver Avenue, Fish Creek and Interstate 494. Subsequently, the Ramsey-Washington Watershed District received authorization to construct improvements to limit erosion in Fish Creek. Representatives of the watershed district stated that the subject pond would be included in the Fish Creek project" RECOMMENDATION It is recommended that the Fish Creek/Carver Avenue feasibility study be terminated" 1. jw /OAF �;I / - .:::.:•.•.: •.•.•.• :::.............. :::::.. 1 15 AF / At r 1 � Xp;f��r: 1 �� I I � - 5AFI <\ \ � •� t1 AVE ��' (� 1 STERLING I _ I 4' 99 9 �3? \ 2,j 1 q a > \ rc �3 u 6 A [` OAF I 5 AF to JAF I I 2G I I ©� 5.1 5AF' f� ' • .... ........ �l � f to ♦ \ �• J I V..... .. �: . :•::::.: •nS•.:•:: Mc NNIGHT�:. Ro ?• ?i ?} :.: ?:•'t: �'•ii: ?i't ?:• ?:ti•. • ?:?'•? :• ?.?..� ? ?...... v. �::•:::.:v::.::•.�:. } :.::. •i } ?i' :• ?i:•'.:: onr CONSUI MEMORANDUM T0: FROM: SUBJECT: LOCATION: APPLICANT: DATE: City Manager Randy Johnson, Associate Planner Street Vacation and Plan Amendment Holloway Avenue between Furness Street and Beebe Road City Council July 13, 198£3 SUMMARY I ntroduction Action by Council: Endorsed_ Modified,...._„_,_ Re j ected Date 1. Street vacation: Council initiated the vacation of the south half of Holloway Avenue, between Furness Street and Beebe Road, on May 23 at the request of Bob Engwer, the property owner to the south. The main reason for Mr. Engwer's request is to avoid future assessments. It would also help him sell the property if the potential for assessments were removed. A secondary reason is that vacating the right -of -way would give Mr. Engwer more developable land. 2. Flan amendment: Holloway Avenue, between North St. Paul and McKnight Roads, is designated in the comprehensive plan as a "major collector street ". (Refer to the map on page 4.) Vacation of a portion of this planned roadway would be inconsistent with the comprehensive plan, therefore, an amendment would be required. Background 1. Council denied a public improvement project on May 23 to construct this portion of Holloway Avenue, as well as to upgrade Holloway Avenue, east to McKnight Road. Maplewood property owners were opposed to assessments and the additional traffic that would travel through their area if a through- street, particularly a collector street, were to be built. North St. Paul owners were not notified of the meeting. 2. North St. Paul held a hearing a few years ago an building this street. Their council agreed not to pursue construction at that time, but rather wait until it was petitioned for by the property owners that own the properties abutting to the north. 3. The North St. Paul City Council met an July 18 and is in favor of keeping the right -of -way. Required Fin State law states that a street shall not be vacated unless it appears in the interest of the public to do so. Recommendati Take no action on the street vacation and plan amendment, on the basis that vacation would not be in the public interest: 1. There is the potential for seven, possibly eight, new lots on the north side of Holloway Avenue if the street is built. 2. Emergency vehicle access would be improved for the homes and apartments on Furness and Howard Streets. 3. The construction of Holloway Avenue would relieve traffic on the surrounding local streets. This would particularly be desirable on 6th Street, which children use to walk to Webster School. There are no sidewalks. 4. The intersections of 6th and 7th Streets at North St. Paul Road are less safe than the intersection of Holloway and North St. Paul Road. S. The traffic hazard caused by the off -set intersection of Furness and 6th Streets with Holloway Avenue would be eliminated if Holloway Avenue were built. 6. The school district would like a local street, a sidewalk, or a trail constructed along this right -of -way. If this were to occur, their busing costs be reduced by approximately $15,000 a year. (See letter on page 6.) If council chooses to vacate the street, approval should be subject to: 1. Approval by North St. Paul. 2. Retaining an easement for utilities and a bikeway or sidewalk. Four votes are required to vacate. 2 REFERENCE Surr _o_undinq Land Uses North: Five double- fronting lots in North St. Paul. The westerly lot is owned by the City. The other lots have homes fronting on Cowern Place. Each lot could be split to create lots fronting on Holloway Avenue if it were built. Two of these lots could be split again on Holloway for a total of seven potential lots. East: Improved Holloway Avenue right -of -way and improved Furness Street right of way. South: Undeveloped land, planned and zoned for multiple - dwelling use. An apartment plan was approved in 1981. West: Improved Holloway Avenue right -of -way and improved Beebe Road right -of -way. Legal Chapter 412.851 of ,state law states that "the council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four - fifths of all members of the council. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks published and posted notice." Public Works There is an existing sanitary sewer in the right -of -way. jl Attachments 1. Hillside Neighborhood Land Use�Plan 2. Property Line Map 31 Letter: School district 3 Fire and Paramedic from Frost Avenue 1 P L R S m (D ro CO ro o+ z maju r collector uu 1- � , -p w- t Rm �. L E os Os 0 -- LSC - v � s , o I R Hillside NEIGHBORI;DDD LAN USE PLM 4 4 Attachment 1 E DO O D, ,j � 'I °' ♦ ]: 262i 2`29 °Il is l9 s• zi nz5 sie �„D Yw 1. `(ax 1 xe !1'u. BELMONT ' 0 i♦ u¢ x D e l e s Y a z I • 14 la ¢ x toe I l f I. W a •.• %'� • x `: �� lM 2 :. i ei e m zzm ate lm z9 • e fV i9 iz♦�sz 4'9 l a ai�¢ v . f ♦f 9 4, Q \`3- ♦ .0 n (a, � N n y NOD �.�' • n.. � i♦ n iz a ,o ' e e s A z, ° ; nl 19 ma a+xa ze z¢xe tlu °� SHRU,ER AVE. ixofrzuo2xr awom olnzicr xaszz , j� • un. n.,. (x �° (q al IH ♦; vn... „ rx o ,. uY � a L ~ I�S N + AN . ,: w., v c..s.lr �S !M � N�r s arnv ♦ N ° zH Lfl a Nina( ., • e.' z •° „ s na Qe va � Ai rr An 4.1 nv y . u -g� o�wo F10.� F• ue 2 POO• 17° M 1 Y z en. ♦ _ 3.`i': ♦H ' 3'7. y e l L G s ♦ a .♦or. ,. n :g 4 I .. nol `x. �? D• G R e ;• r♦91 ,. °n 4 hr ml� ' mr _ COW HN* ' Ir x I 1 3•Z: . q1` 6 ' ' '.'�,,. _ _ �I a ._�__.. rrr . _ . _ .-- - _ .. _. —PLACE p ' `; Not improved r.. .A % MII ' „�w ° x4 `M f 6 b w n4 w nl rr rw �- J; I 1e �•'� �a xi A,.al .6 s ♦ a z' 1 y, e e )• e a ♦ a 2 1 :iL3. ��Aer F'x ♦.ePe 4 -` Right —of —way in North $t. Paul = X14° h4 ti !m 44 - (II .� a )u MIa le N 'io% u' a n M u Ie fl le 4v 0 ♦ ' \ . +.m... ■., ml q ew �� to u V p,l °: ".4-3 a° (O a :. l H'• 1 .11 13 N 2 j !W PROPERTY LINE / ZONING MAP 5 Attachment 2 0 N � - .. ' 1 �p (w M1Y .,N i•.j�9 to A•1 �� ���+t ••••• • . Ye � 41 !q M IM �:Y !M nn N w rYri^ 9 •�!!`� 'it�w �■�t -- yet s.n 1 Undeveloped ti,, ■ e R12 ( », (.e a Aq ie a 41 I lb A. ! Apartments * 4 m u s 4x o , Iz lb F (11, „•, ,y �•. ou is \� Rl ,e 4 W: ,rl ° NI hl \L e 4v 0 ♦ ' \ . +.m... ■., ml q ew �� to u V p,l °: ".4-3 a° (O a :. l H'• 1 .11 13 N 2 j !W PROPERTY LINE / ZONING MAP 5 Attachment 2 0 N ' NORTH ST. PAUL - MAPLEWOOD- OAK DALE SCHOOLS 0AP4 a INDEPENDENT SCHOOL DISTRICT NO. 622 a �� 0 (612)770 -4603 2055 East Larpenteur Avenue Maplewood, MN 55109 ( 2� '�$ 0°+70 <oinp� April 27, 1988 The Honorable John Greavu Mayor, City of Maplewood City Hall 1830 East County Road B Maplewood, MN. 55109 Dear Mayor Greavu: On behalf of North St. Paul — Maplewood — Oakdale Schools I would like to express our support for the continuation of Holloway Avenue from Beebe Road to Sixth Street. Our interest in this continuation is one of further cost savings to our taxpayers. With the completion of that street, those children from the apartments of Beebe Road will have safe direct walking access to Webster School, thereby eliminating the need for a bus. The cost savings to taxpayers is estimated at $15,000 per year. We ask that the Planning Commission and City Council in their deliberations consider this need and honor the developers request. In addition, we would like you to consider a sidewalk along that street to provide safe walking access to our students and other pedestrians. Sincerely, L Brian C. Buchmayer Director of Business Affairs cc: Mike McGuire, City Administrator .Geoff Olson, City Planner Richard St. Germain, Superintendent School Board, ISD 622 Ron Parrucci, Dir. Operations 6 Attachment 3 CITY OF N RTH ST. PAUL Jeff Olson City of Maplewood 1830 E. Co. Rd. B Maplewood, MN 55117 Dear Jeff: I. 21 1 88 GENERAL OFFICE 770 -4450 ENGINEERING 770 -4463 RECREATION 770 -4471 UTILITIES 770.4488 POLICE ADMINISTRATION 770 -4466 FIRE ADMINISTRATION 770 -4480 2526 EAST SEVENTH AVENUE NORTH SAINT PAUL, MINNESOTA 55109 July 19, 1988 The City of North St. Paul owns a parcel of land on Holloway between Sixth and Seventh Streets. This parcel is of sufficient size to be subdivided into 4 residential lots - 2 facing Cowern and 2 facing Holloway. If Holloway is vacated, this type of subdivision is not feasible. Therefore, the City Council objects to the vacating of the right -of -way for this section of Holloway. In addition, the City of North St. Paul also objects to the proposed street vacation, because it is part of the City's street net plan and construction of this section should improve traffic flow for this area. Re pectfully, David Kotilinek City Engineer As a matter of policy, the City of North St. Paul does not discriminate among applicants and participants on the basis of race, religion, sex, nalional origin, color, or handicap, f x r, 7J+ r Ramsey County Department of Public Works 350 St, Peter Street Suite 270 Saint Paul, Minnesota 55102 7, q 26. (612) 298 -4127 July 22, 1988 Geoff Olson 1830 E. County Road B Maplewood, MN 55109 Vacation of Holloway Avenue Kenneth E. Weltzin Director and County Engineer Paul L. Kirkwold Deputy Director and Assistant County Engineer The Ramsey County Public Works Department supports the Maplewood and North St. Paul staff recommendation to not vacate the right -of -way. Ramsey County Board Resolution 83 -181, dated March 14, 1983, resolved to accept this portion of Holloway Avenue as a County road when constructed. Sincerely, Kenneth E. We1�E. Director and County Engineer KEW: MK: th Att: Resolution 83 -187 <6. S Resolution Board of . Coan � Co mm lSSlo ners Presented By Commiss Norgard Date March 14, 1983 No. 83- 181 Attention: Budgeting & Accounting; K. Weltzin, Co. Public Works Dept. Lucille Aurelius, Maplewood City Clerk WHEREAS, The Cities of North St. Paul and Maplewood have requested Ramsey County to designate Holloway Avenue from North St. Paul Road /Seventh Avenue (CSAH 29) to McKnight Road (CSAH 68) as a county road; and WHEREAS, The Cities of North St. Paul and Maplewood want to construct this roadway under a cost sharing joint agreement; and WHEREAS, The engineering staff of the Ramsey County Public Works Department has reviewed the request of the Cities of North St. Paul and Maplewood and concur that this portion of Holloway Avenue meets the criteria for a county road; Now, Therefore, Be It RESOLVED, That the Board of Ramsey County Commissioners hereby accepts this segment as County Road 119 upon completion of the new construction; and Be It Further RESOLVED, That the County Engineer is authorized to negotiate with the Cities of North St. Paul and Maplewood a cost sharing joint agreement similar to the existing agreement for the reconstruction of Holloway Avenue from Century Avenue to McKnight Road; and Be It Further RESOLVED, That the proposed agreement plus the plans and specifications for the project shall be approved by the Board of Ramsey County Commissioners prior to construction. WARREN W. SCHASER, Chaihman e z - Co GoaAd MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA JULY 18, 1988 I. II III IV V. CALL TO ORDER Chairman Axdahl called the meeting to order at 7:30 p.m. ROLL CALL Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner ester Axdahl chael Ayers R hard Barrett Ro ert Cardinal Fra k Dempsey Sue iola i Lorra ne Fischer Albert Goins Dennis arson Marvin 'gmundik Ralph S1 tten APPROVAL OF MINUTES A. June 20, 1988 Commissioner Fischer 1988, as submitted. Commissioner Barrett s Ayes-- Axdahl, Ayers, Barrett, Dempsey, Fischer, Goins Abstentions -- Larson, Sigmundik APPROVAL OF The agenda /was amended, adding Items 10 -b. Menards and 10 -c. Washburn Uaboratories. \ Commies ner Fischer moved the planni g commission approve the agenda s amended. Commissioner Sigmundik seconded Ayes - Axdahl, Ayers, Barret , Dempsey, Fischer, Goins, Larson, Sigmundik PUBLIC HEARINGS w A. Plan Amendment and Street Vacation: Holloway Avenue Pres nt Pre ent P sent sent resent Absent Present Present Present Present Absent pproval of the minutes of June 20, Planning Commission Minutes 7 -18 -88 -2- Secretary Olson explained the staff report. Bob Engwer, 2640 E. 19th Avenue, North St. Paul, the initiator of the street vacation, said he asked for the vacation of only one block of Holloway Avenue in order to settle the question of future assessments so the property could be sold and /or developed. Burt Welk, 2120 E. Cowern, North St. Paul, property owner of an affected property, said he could not develop his property if this street was vacated. The applicant at 2130 E. Cowern, North St. Paul, also spoke against the street vacation.i Commissioner Fischer moved the planning commission recommend the city council take no action on the street vacation and plan amendment, on the basis that: 1. There is the potential for seven, possibly eight, new lots on the north side of Holloway Avenue if the street is built. 2. Emergency vehicle access would be improved for the homes and apartments on Furness and Howard Streets. 3. The construction of Holloway Avenue would relieve traffic on the surrounding local streets. This would particularly be desirable on 6th Street, which children use to walk to Webster School. There are no sidewalks. 4. The intersections Road are less safe than St. Paul Road. of 6th and 7th Streets at North St. Paul the intersection of Holloway and North 5. The traffic hazard caused by the off -set intersection of Furness and 6th Streets with Holloway Avenue would be eliminated if Holloway Avenue were built. 6. The school district would like a local street, a sidewalk, or a trail constructed along this right -of -way. If this were to occur, their busing costs could be reduced by approximately 815,000 a year. If council chooses to vacate the street, approval should be subject to: 1. Approval by North Str Paul. 2. Retaining an easement for utilities and a bikeway or sidewalk. Planning Commission -3- Minutes 7 -18 -88 Commissioner Barrett seconded Abstentions - -Gains VI. VISITOR RRESENTATIONS VII. COMMUNICAi\IONS VIII. NEW BUS I A. Conditidpal Use Permit: Gery is Avenue ( Schwan's Warehouse /Off ce) i Secretary 01so presented the s aff report. The commissioners discussed the i definite time eriod the conditional use permit would be issued for. David Lundberg, ales managyfr for Schwan's, said trucks may be unloading at nigh for app oximately 3 1/2 hours. Other route trucks will be shred ins'de of the building. Commissioner Ayers m adoption of the res for Schwan's Sales indefinite time peri and subject to adheq unless a change is a review board. Commissioner Fischer a¢ the planning commission recommend on granting a conditional use permit arprises, Inc. on Gervais Avenue for an , based on the findings required by code :e to the site plan dated June 24, 1988, -owed by the city's community design a onded Ayes-- Axdahl, Ayers, Barrett, Dempsey, Fischer, Gains, Larson, Sigmundik B. Conditi nal Use Permit' English Street and Highway 36 (English P c e) Secretary lson presented the staff report. Dick Ern t, Century Companies, and how it will sit on the arc The co missioners discussed the and h w the additional traffic Ayes -- Axdahl, Ayers, Barrett, Dempsey, Fischer, Larson, Sigmundik iscussed the 2 -story building rty. ffic problems in the area lems would be resolved. Mr. J rnst asked the commmission to extend the conditional use per it's length of time fpr more than one year for financing considerations. F - a- Action by Council: MEMORANDUM Endorsed.»._,,,, Modifie TO: City Manager Rejected_ FROM: Director of Community Development Dat SUBJECT: Lot Area Variance and Double Frontage Lot Variation LOCATION: 1927 Flandrau Street APPLICANT /OWNERS: F. Dean and Patricia Hensley DATE: August 16, 1988 '11100.1.11 Introd uction 1. Proposal: 1919 -1927 Flandrau Street are three 50' x 296' lots. The applicants are proposing to realign the lot lines as shown on page S. The applicants live at 1927 Flandrau Street. They would build and move to a new home on Lot Four. The owner of 1923 Flandrau Street would trade the west "75 feet of his lot for frontage on Frost Avenue. He intends to use this for access to a future garage. 2. Requests: a. A lot -area variance of 2,700 square feet is required for the proposed corner lot (1727 Flandrau Street), since it would total only 7,300 square feet. Code requires 10,000 square feet. b. A variation from the subdivision code is required, since Lot Two would be a double- frontage lot. Ordinance states that double frontage lots shall not be permitted, except where topographic or other conditions render subdividing otherwise unreasonable. F indings Required by Code 1. The lot area requirement is part of the zoning code. Section 367.10 Subdivision 6 (2) of the state law requires that the following findings be made before a variance to the zoning ordinance can be granted: a. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. b. The variance would be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. 2. The double- fronting lot requirement is part of the subdivision code. Section 30 -11 of city code states that "the planning commission may recommend variations from the requirements of this chapter in specific cases which, in its opinion, do not affect the general plan or the intent of this chapter. Such recommendations shall be communicated to the council in writing, substantiating the recommended variations. The council may approve variations from the requirements of this chapter in specific cases, which, in its opinion, do not adversely affect the plan and spirit of this chapter." Alternatives (Least to Most Restrictiv 1. Approve the lot area variance and the double fronting lot variation as requested. This would allow the lots to be divided as shown on page S. This alternative would set a precedent that would make it difficult to deny similar variances for 1923 and 1919 Flandrau Street. This would result in another 75 -foot -wide lot on Frost Avenue and three lots on Flandrau Street with substandard widths. 2. Rezone the easterly 150 feet of 1927 Flandrau Street to R -2, double dwelling and approve a double- fronting lot variation. The R -2 zone allows single - dwelling homes on 7,500- square -foot lots. This would allow the lots to be divided as shown on page 9. This would allow Lot 4 and leave Lot 2 with 71 feet of frontage on Frost Avenue. A lot frontage variance would be required for another lot east of Lot 4. This alternative could be considered spot zoning, since most of the lots in this area exceed 10,000 square feet. In order to keep 1927 Flandrau Street in character with the neighborhood, the owners of 1927 and 1923 Flandrau Street should deed to the city the right to build a house on what would become Lot 2. 3. Deny the lot -area variance and approve the double- fronting lot variation. This would allow the lots to be divided as shown on page 10. This alternative would eliminate the lot -area variance and discourage a future 75 -foot -wide lot on Frost Avenue, east of Lot Four. 4. Deny the lot -area variance and variation from the double- fronting lot requirement. This would allow the lots to be divided as shown on page 1C). There would be no frontage for Lot Two on Frost Avenue. Lot Two would gain access from Frost Avenue for a garage with a private easement from Lot One. D iscussion A new house on Lot Four would standpoint, Alternative Three owner of 1923 Flandrau Street his lot to the applicant. He acquire frontage on Frost Ave compromise. be an asset to the area. From the city's is the best solution. Unfortunately, the is unwilling to sell the west 75 feet of is only willing to trade land so he can iue. Alternative Two would be an effective 2 R ecommendation 1. Deny the proposed lot area variance for 1927 Flandrau Street, based on the following findings: a. Strict enforcement of the code would not cause undue hardship because of circumstances unique to the property under consideration: (1) The properties are already being put to a reasonable use under the conditions allowed by the .zoning code. 1927 Flandrau Street is similar in area and frontage to other lots on this street. (2) A 75- foot -wide parcel can be created at the westerly end of the effected parcels without the need for any variances (3) The circumstances of this variance are not unique to this property. Approving this variance would set a precedent. The owners of 1923 and 1919 Flandrau Street could request similar lot -area variances and combine 75 feet from the rear of their lots to create another 75- foot -wide lot on Frost Avenue. b. The justification for this variance is because the effected roperty owners have not been able to reach an agreement, rather than ause of land use considerations. 2. Approve the resolution on page 13, rezoning the easterly 150 feet of 1927 Flandrau Street to R -2. Approval is based on the findings required by code and on the fact that the lot would appear to meet the R -1 area standard, since a home would not be built on the 71 feet of land to the west of the R -2 zone. 3. Approve the double- fronting lot variation, on the basis that: a. The unusual L- shaped pattern of the proposed lot is unique. b. No home would be built on the lot. C. The intent of the ordinance would be met. There would be no homes facing the wrong direction. d. There would be no adverse effect on the neighborhood. Approval is subject to the owners of 1927 and 1923 Flandrau Street deeding to the city the right to build another home before dividing the lots. 9 CITIZEN COMMENTS Staff surveyed the 40 surrounding property owners within 350 feet for their comments. Of the 25 replies, 16 were in favor, five had no comment and four objected. In Favor C 1. I am in favor if all the lot owners agree. I expect to be notified of any changes in lots sizes or zoning. 2. It would be an improvement on Frost Avenue. 3. I am one of the parties involved. I would have access to Frost to put a driveway in in the future. 4. It makes sense to use the property to better advantage. 5. It will improve the looks of the property and cut down on tall - growing weeds. 6. It should improve the looks of Frost Avenue in that area. 7. I see no problems with the plan. B. It is their money and I will not see the new house. 9. I like to see the property put to use. A lot of vacant space there. 10. It will help to prevent unwanted traffic through back yards (snowmobiles, etc.) 11. It's their land, they pay the taxes on it. Why shouldn't they be able to do what they wish with it? Objec tions_ I orefer the "openness" of the backyards as they are. Any ',opment subtracts from that. 2. It will adversely affect the rural character of the neighborhood by congesting the development area in the middle of the block, and as a result could lower property values. Staff comment: The Ramsey County Assessor's office has stated that only a poorly kept single dwelling could negatively effect the property values of an adjacent single dwelling. 3. All residents should have to abide by the code. 4. The access to our back yard, and our neighbor's back yards, would become inaccessible by vehicle. For instance, a truck cannot get to the back yard to cut down an old tree. If an access is still available, we do not object. Staff comment: The applicant is not responsible for providing access to a neighbor's back yard. 4 REFERENCE Site Description 1. Lot sizes: existing - 14,804 square feet each proposed - 7,340 square feet (1927 Flandrau Street) - 14,800 square feet (1923 Flandrau Street) - 11,050 square feet (1919 Flandrau Street) - 11,2=0 square feet (proposed Parcel Four) 2. Existing land uses: single dwelling on each existing lot. Surrounding Land Us Single - dwelling development. Planning 1. Land Use Plan designation: RL, low density residential 2. Zoning: R -1, single - dwelling residential 3. Ordinance requirements: Section 30 -8 (1 -a -3) states that the minimum lot dimensions to subdivide in a R -1 zone shall be not less than 10,000 snuare feet in area. ` "^ction 30 -8 (6) states that double- frontage lots shall not be c mitted, except where topographic or other conditions render .,+.sbdividing otherwise unreasonable. Such double- frontage lots shall have an additional depth of at least twenty feet in order to allow space for a protective plant- screen along the back lot line. Code defines a double- frontage lot as a lot which fronts on two or more streets. mb Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. & 5. Staff's alternatives 6. & 7. Applicant's letter of justification B. Resolution -- rezoning 9. Resolution -- variation \\\\\U I If I I I I / 11 11 1 1 1 1 1 / LOCATION MAP 6 Attachment 1 0 N �.RK MARK �M :SSA CJJ w I (vl K OHLMAN AV t A V) o NORTH' z I RD G z T2BN,R 22w ( z z r^ n g \ �' 2 cr W 3 10'11 nS' ELO EHN.I RD N o O (1) CONNOR AV ¢ F DEMONT AV a 0 W N a i IF @ z a ti ELE F J N H p S QI SEXTANT M XiAN T AV AV < Q VERVAI$ >EPAI JERVAI$ AV Z rc OaANDVEW AV W CT m VIKING DR x C ASTLE AV p 36 1- �R AnucA% Heod LokB r ; r.E AV I = COPE, CT COPE AV -� COPE � j LARK AV t� LARK N 64 r N j :O o a0 "B' LAURIE % ? x W a a .ELAND RD T 5AN0 HURT w z p JUNCT :nN $T - v Y > RD '�B p� CR$ 4 �E AV BVRK $ AV h J i, nc` m AV ELORIDG y1 Q �\ g t N Iry Z Z AW A� $¢I N BE j A N z �a P NE I'l AV $K ILIM AN AV rION RR W1I$� u p j y d` I AV U Q P O NRC SEMOOD RYAN S AV $ p ..� NORTH N N Q N N I A` LL 26 29 a � O TON AV V I $UM N rn Iril S ME R AV 'E' p a FRI$BiE AV m _ o , Y 21 X W N RIPIEY H z RIP 0 A L z RII r i ye M 5 y�11 V// >' 4 W P1P KINGSTON AV y, x u HIA AV W� °z °U i ? PRICE AV \\\\\U I If I I I I / 11 11 1 1 1 1 1 / LOCATION MAP 6 Attachment 1 0 N � ie❑.. 7. � 1 I i • I. f 16 19 so *s ' ° an.• j0 y5 $%S t 23 19 .L f!.{I 13' «s I M ) r s F- 1 U) PROPERTY LINE / ZONING MAP Attachment 2 t0 •♦ a ❑ (19) �7e) ~� Il 1927 - � fl 0 19 6 �' � 22501 _ 71J ' �(ae) NO (44) (47) l t 47 ('f o (48) 4 • ' • `R�) I lam) .. .. '. 2sr • - e � - 2!� 6 �--(�) ..293 3L s9i.vL_ " ♦2 (�yl t,`.m e�a •1L� • 41 ( G 8 ) — -.� • ``�-._ AGO) 192 �:f 1 131 (ae) 22501 -0 (36) d� I •• • � f3) �(ae) e (3 " t,`.m e�a •1L� _S?svv (25) R (L4) (12) r— to w (10) 11 r � r (17) er 0 N lcoy j C rkos-r Ave_. -� 75' 7sl l4e 0 21Sno„ SIHL »nnn 5 1 If Y ® /of Z jof I f /.f 3 Fq � 9 U PQUSC 50k 145. 97 ' EVEN 7F.pC'c V. IT P4 Nelc „j, o e.— AIS LgsT'. R TS' �5 FO OF o;.vkg, © WC WILL BU\/ Soz75' WHICH WILL GIVE u5 i A Lot W NICK CONFORn15 To PREpQNT Coot,. i © LOT TO ma DVILT; ON. NouSk W011LO FACT FR0ST AND BE SI MILAM IN APPEARAIV<L To r �-xkSTINC. H S. P(2- LoT nN P 1 L UlZ,ATl a v z 0 a D G SITE PLAN PROPOSED LOT DIVISIONS 8 Attachment 3 0 N • 1 FRos Le w I 7D 7.1 r a r c pp, O? OS� h -- LoT L� oN P 1 (G' UIZET/ oN_ Alternative 2 9 Attachment 4 0 N 9 . 4 0 Frost Avenue '75� 21� Zoo . 1927 /, f Z 1923 a 1919 a .1 d v .) N A r W ALTERNATIVE 3 Frost Avenue 1927 tof lit Z 1923 1919 ALTERNATIVE 4 a d 4J N to Q to L 'O O L" STAFF'S ALTERNATIVES 10 4 Attachment 5 A f Ta �EnsN�+c / (1) UNDUE HARDSHIP We have lived at this address for 35 years. During that time zoning requirements have been changed several times. In 1953 it was required that you have a 50' frontage and no requirement as to depth. We are now asking to divide our property and sell the house on a lot measuring 50 % 145.97' so that we may meet present zoning requirements on the lot we wish to build on - 75' g 145.97'. At the present time there is already one house at 1684 Frost which was built after a lot division. "Undue Hardship" on our part means we are no longer able to maintain a lot 50' % 300' plus a bank the entire length, and a 300' boulevard - all of which we have always kept up. The house to be built would be similar in appearance to existing homes and would only enhance the area. 11 Attachment 6 Re: Lot Variance at 1927 Flandrau. Under alternatives: 1. This variance would not set a precedent. Larpenteur Ave. between Flandrau and Kennard now has 7 homes on it, whereas Frost Ave. between Flandrau and Kennard now has 3 homes. With this variance it would have 4. The lots on Larpenteur range from 64' to 65' with one at 128 We have 600' of frontage for 4 homes where other blocks have only 270'. On Frost between Dieter and Barclay there are 3 homes on 270 ". 2. Both owners at 1927 and 1923 Flandrau have agreed to an even trade on their back lots, with no money exchanging hands. 1923 Flandrau wants to keep his original amount of land, as he likes a large garden and it opens the possibility of a future garage for him with a Frost Ave. access. We have agreed to buy 75' of land from the owners of 1919 Flandrau, which would give us a legal size lot on which to build. 3. Double Frontage: If and when a garage is ever built by 1923 Flandrau, the drive- way and garage off Flandrau would no longer be in use. 4. With this additional house we are still within the ratio of per capita of people, per acre, as COggested in the land use plan. 5. At one time the city had proposed a street, or alley, be put thru the middle of these lots so that they might be better utilized. This was defeated as owners already had garages and driveways facing their frontage street. We have lived at this address for 35 years. We know that nearly all owners use and maintain only 50' by 150' of their lots. Most have planted bushes etc. as a dividing line as to what is used and what is just open space. Our surrounding neighbors are all in agreement that this would be an improvement of the property. The house we wish to sell would still have 50' by 150' of land. It has a tuck under garage which leaves a large back yard. When a real estate company gave us an estimate on our house, we were told the additional 150' would not increase the asking price - quite the opposite. Many people do not wish that large a lot to maintain. We only wish to build a home which would be in keeping with the rest of the neighborhood. Geoff has admitted that a house on this lot would be an asset to the community, plus add another house to the tax rolls. I have no way of promising what any future owners of 1923 Flandrau might wish to do with their property, but any planning commission of the future has the right to refuse them. If your worst fears were to come true, we would have two new houses facing Frost - a total of 5 homes on 600' of land. Pat and Dean Hensley 12 Attachment 7 REZONING RESOLUTION Pursuant to due call and notice thereof, a regular meeting of the city council of the City of Maplewood, Minnesota was duly called and held in the council chambers in said city on the 22nd day of August, 1988 at 7 P.M. The following members were present: The following members were absent: WHEREAS, the City of Maplewood initiated a rezoning from R -1 to R -2 for the following - described property: The easterly 150 feet of the north half of Lot 1, Block 2, Garden Acres. This property is also known as 1927 Flandrau Street, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission ter :c._,;ciust 15, 1988. The planning commission recommended to the city r_.uta;cil that said rezoning be approved. 3. The Maplewood City Council held a public hearing on August 22, 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, HE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure 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. 13 Attachment 8 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The lot would appear to meet the R -1 area standard, since a home could not be built on the 71 feet of land to the west of the R -2 z one. Adopted this 22nd day of August, 1988. Seconded by Ayes -- STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed clerk; of the City of Maplewood Minnesota, do hereby certify that I have carefully compared the at and foregoing extract of minutes of a regular meeting of the City of Maplewood held on the 22nd day of August, 1988, with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to this rezoning. Witness my hand as such clerk: and the corporate seal of the city this day of , 1988. City Clerk City of Maplewood 14 VARIATION RESOLUTION Pursuant to due call and notice thereof, a regular meeting of the City council of the City of Maplewood, Minnesota was duly called and held in the council chambers in said city on the 22nd day of ,August, 1988 at 7 p.m. The following members were present: The following members were absent: WHEREAS, F. Dean and Patricia Hensely applied for a code 7st.ion for the following- described property: 3'I'ie north half of Lot 1, Block 2, Barden Acres. This property is also known as 1927 Flandrau Street Maplewood; WHEREAS, Section 30 -8 of the Maplewood Code of Ordinances prohibits double- frontage lots, except where topographic or other conditions render subdividing otherwise unreasonable. WHEREAS, the applicant is proposing a double- frontage lot. WHEREAS, the procedural history of this variation is as follows: 1. This variance was reviewed by the Maplewood Planning Commission on August 15, 1988. The planning commission recommended to the city council that said variance be approved. 3. The Maplewood City Council held a public hearing on August 22 „ 1988 to consider this variance. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an oppe,�ot unity to be heard and present written statements. The council ales, 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 variance be approved on the basis of the following findings of fact: 1. The unusual L- shaped pattern of the proposed lot is unique. 2. No home would be built on the lot. 3. The intent of the ordinance would be met. There would be no homes facing the wrong direction. 4. There would be no adverse effect on the neighborhood. 15 Attachment 9 Adopted this 22nd day of August, 1988. Seconded by Ayes- - STATE OF MINNESOTA ) COUNTY OF FAMSEY ) 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 22nd day of August, 1988, with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to a code v8riation. Witness my hand as such clerk and the corporate seal of the city this day of , 1988. City Clerk City of Maplewood 16 > / TO: FROM: SUBJECT: APPLICANT: DATE: 4utiou by Cuuuoil; MEMORANDUM Endorsed Mod City Manager Bejeolo Director of Community Development Dat Code Amendment ~ BC(M) District (Auto Service Centers) GP-BAJR, Inc. July 22, 1988 GP^BAJR Inc. is requesting that the city amend the BC(M) zoning district to allow an auto service center as a conditional use. This amendment has been requested to construct an auto service center at the northwest corner of White Bear and Radatz Avenues" The on- BC(M) district is intended as a transition or buffer use between residential districts and more intensive commercial development. The city has traditionally restricted auto uses, particularly auto repair, in these areas" The LSC, limited service commercial designation in the land use plan allows limited gas sales, but no repair. Council denied a request on January 25 to allow even limited gas sales in the BC(M) district" The BC(M) district specifically prohibits public garages, motor fuel sales and car washes" Even limited auto centers, such as defined in the attached ordinance, have the problem of garage doors on both sides of the building that are open during the warm seasons. This causes unsightly views and noise problems to adjacent homes. A limited amount of research was conducted to see how other communities deal with automobile service centers and we found no community, where such facilities are known to exist, who regulate them as a separate and distinct entity" Virtually every one accommodates them in their general business district, much as Maplewood does. No one surveyed permits them by CUP" This ordinance would apply to all BC(M) districts in the city. The map on page 5 shows the location of undeveloped BC(M) zones" A change in the ordinance would also effect the Hillside Shopping Center at 1690 McKnight Road" This Hillside development was approved as a planned unit development" A condition of the PUD is that the allowed uses must conform to the BC(M) district. Deny the attached ordinance. kd 1. Ordinance 2. Letter 3. BC(M) Map ORDINANCE AN ORDINANCE REGULATING LIMITED AUTOMOBILE SERVICE CENTERS IN BC(M) COMMERCIAL DISTRICT (MODIFIED) ZONING DISTRICTS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section.i. Section 36 -155 (c), (d) & (e) is amended as follows (language to be added is underlined and language to be deleted is crossed out): (c) Sp Condition use permit. The-- Fot-l-owingnisQS -whwm atrtr ®p i�red - -t#r� eity+- crtmcsf- bp- mem7s -af -a- speciafi -n, perm t: A conditional use permit is required for any of th following Use (i) A11 uses permitted in R -3 Multiple Dwelling Districts, except the construction of houses permitted in R -1 and R -y Districts. (2) Laundromat or similar automatic self- service laundry. (3) Restaurant, where there are no drive -up order windows or serving of food to patrons in their automobiles. All cooling odors must be controlled so as not to be noticeable to adjacent residences. (4) Place of amusement, recreation, or assembly, other than a theater, where there are no outdoor activities. (r) (d) Prohibited uses: (1) Drive -in theaters or drive -in restaurants. (2) Commercial or fee parking lots where such use is the only use of a given parcel or where such use provides for general rather than specific use parking. (3) Uses that involve the exterior storage of equipment, goods or materials. (4) Car wash. (5) Public garage or motor fuel station, e xcept for a l automobile service center. (6) Compressed natural gas or liquid petroleum gas dispensing facilities. (e) Definitions: (1) "Drive -in Restaurant" means a restaurant with a drive -up order window or serving of food to patrons in their 2 Attachment 1 automobiles. Section 2. This Ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council this ,_,__,_day of . 7 1968 Mayor Attest. City Clerk Ayes-- Nays-- 3 GP -BAJR, INC. 1100 INTERNATIONAL CENTRE 900 SECOND AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55402.3397 .r Mfr app TELEX 290589 FREDRIKSON MPS A 4J UU TELECOPIER 181 2) 347.7077 TELEPHONE (812) 347.7004 May 19, 1988 City of Maplewood ATTN: Mr. Geoff Olson 1902 E. County Road B Maplewood, Minnesota 55109 RE: MAPLEWOOD AUTO MALL DEVELOPMENT RADDITZ & WHITE BEAR AVENUE Dear Mr. Olson: We would appreciate it if you would proceed with the necessary steps for a code amendment that would allow automotive service related businesses in a BCM zoned district on the above property. A `�� INC. Bertin A. Bisbee, Jr. 4 Attachment 2 Fr( u m Conway Avenue Undeveloped Property Zoned BC(M) 5 Attachment 3 Q . MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA AUGUST 1 1988 I.. CALL TO ORDER Chairman Axd II. ROLL CALL Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner III. 1 called the meeting to order at 7 p.m. Les er Axdahl Mich el Ayers Richa d Barrett Rober Cardinal Frank klempsey Sue 'Fischer a Lorrain Fischer Albert G ins i Commissioner Dennis La son Commissioner Marvin Si mun i1: Commissioner Ralph Slet e APPROVAL OF MINUTES A. July 18, 1988 Commissioner Si9mund,{1, 18, 1988. Commissioner BarrWtt second Ayes -- Axdahl, Barrett, Dempsey, Larson, Sigmundik Abstentions -- Cardinal, Sletten IV. V APPROVAL OF The,agenda was amended to delete I ems 9 -A and 9 -8. CommissiZ er Sletten moved approval of the agenda as amended. Commis s' Larson seconded Ayes -- Axdahl, Barrett, Cardinal, Dempsey, Larson, Sigmundik, Sletten PUBLIC HEARINGS A. Code Amendment: BC(M) District - Auto Service Center Present Absent Present Present Present Absent Absent Absent Present Present Present approval of the minutes of July Secretary Olson presented-the staff report concerning this code amendment. Planning Commission Minutes 8 -1 -88 I Gene Peterson, one of the owners of the proposed auto service center, 12914 Hamline Avenue, Apple Valley, spoke about his background and experience with auto service centers. Mr. Peterson presented a design concept of the proposed auto service center. Two people spoke in favor of the proposed auto service center project. Commissioner Cardinal moved the planning commission recommend denial of the ordinance amending the BC(M) zoning district to allow an auto service center as a conditional use. Commissioner Barrett seconded Ayes-- Axdahl, Barrett, i Cardinal, Dempsey, Larson, Sigmundik, Sletten B. 282 -47 White Bear Avenue Plan Amendment ezoning onditional Use Per it Secretary Ol on presented th staff report. Bill Sievers, a resident of Maplewood and the contractor for this proje t, spoke co cerning the high - quality of construction o the propo ed building for this project. Commissioner Lar on move the planning commission recommend: 1. Denial of th pla amendment from LSC to SC on the basis that: a. PasAof ' gs in this area have supported the limited e commercial designation south of Beam Avenue. b. The ssi ication to SC will establish a precedent for like sts n the east side of White Bear Avenue and the est c rner of Radatz and White Bear Avenues. The propn'the east side of White Bear Avenue is planned , resi ential medium density and LSC. The southwesner of datz and White Bear Avenues is planned c. The esignatio would make it difficult to deny a rezonin g C, busines commercial. This zoning would allow th d of commercial land uses (drive -in restaurants, gasoline stations and vehicle repair and e. F Action by Council: TO: City Manager FROM: Director of Community Development SUBJECT: Plan Amendment, Rezoning and Conditional LOCATION: 2829 -2847 White Bear Avenue APPLICANT: GP -BAJR, Inc. OWNERS: Heinbuch /Tschida /Radatz PROJECT: Auto Service Mall DATE: July 20, 1988 Introduction SUMMARY The applicant is requesting the following approvals: Endorsed. Modi£1ecL..,._,,, Rejected Date._....,..,_,,,,,,, Use Permit 1. A plan amendment from LSC, limited service commercial to SC, service commercial for all three properties. 2. A rezoning from LBC, limited business commercial to BC(M) business commercial modified for 2829 White Bear Avenue. 3. A conditional use permit for all three lots to operate a limited automobile service center. The purpose of the requests is to construct an 11,200- square -foot auto service mall. Background The property is zoned BC(M), which is intended to be a transitional zone between more intense commercial uses and low or medium density residential areas. It is designated in the comprehensive plan as a limited service commercial center (LSC), which prohibits auto accessory stores but allows gasoline sales with no vehicle repair or maintenance. The proposed auto service center use is not compatible with either the existing or proposed zoning or the comprehensive plan. The conditional use permit is included amendment would require a conditional auto service center in a BC(M) zoning Reguired Findings because the proposed code use permit to operate a limited district. City code requires the following findings for a rezoning: a. The proposed change is consistent with the spirit, purpose and intent of the zoning code. b. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. c° The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d° The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Alternatives 1^ To deny the requests because an auto service center is not consistent with the city's present body of land use policy. 2~ To amend the comprehensive plan from LSC to SC and rezone the property from BC(M) and LBC to BC. This alternative would make the proposed use consistent with the city's policies, but does represent a change in land use policy for the subject area. It also carries some significant meaning for the eist side of White Bear Avenue and may open up the area from just south of Beam Avenue to Radatz Avenue for such uses as drive-in restaurants and gasoline stations" The city will be "pressed to the wall" for like zoning on the east side" 3. To amend the comprehensive plan from LSC to SC, rezone.the property to BC(M) in accordance with proponent's request and issue a CUP for an auto service center" This alternative would allow auto service centers by CUP for other areas zoned BC(M)" (This alternative assumes approval of a code amendment to the BC(M) district.) 4" To amend the comprehensive plan text to include auto service uses and permit the auto service center by CUP in the BC(M) district" This will also have implications for all BC(M) districts" DiSCUSSion The city has had a consistent policy of limiting commercial development on White Bear Avenue, south of Beam Avenue. The BC(M) zoning district specifically prohibits auto service uses, such as public garages, motor fuel stations and car washes. The city should not change its policies and ordinances simply because a specific development is proposed. Recommendation (4 votes reouired to approve a r3lan amendment or rezoninq_) 1" Deny the plan amendment from LSC to SC on the basis that: a" Past rezonings in this area have supported the limited service commercial designation south of Beam Avenue" b" The reclassification to SC will establish a precedent for like requests on the east side of White Bear Avenue and the southwest corner of Radatz and White Bear Avenues. The property on the east side of White Bear Avenue is planned for RM, residential medium density and LSC. The southwest corner of Radatz and White Bear Avenues is planned LSC. 2 o. The SC designation would make it difficult to deny a rezoning to BC, business commercial. This zoning would allow the kind of commercial land uses (drive -in restaurants, gasoline stations and vehicle repair and maintenance facilities) that are not compatible with the neighborhood. d. The SC classification is not consistent with the neighborhood and the transition that is required to protect present and future comprehensive plan designated residential areas. e. No evidence has been presented to justify a change. 2. Take no action on the rezoning from LBC to BC(M) and the conditional use permit, on the basis that the code amendment for the auto service mall is recommended for denial. The rezoning, however, may be justified for a different use. If council decides to approve this request, staff recommends tabling to allow staff to prepare the proper resolutions. 3 CITIZEN COMMENTS Of a total of 30 surveys mailed to owners of properties within 350 feet, 17 were returned with nine in favor of the request (three are owners of the subject properties), five in opposition and three having no comment. Those in favor made the following comments. 1. Good commercial use of the property. 2. Continuity - already have Rapid Oil on adjacent property (include signals and turn lanes at Radatz and White Bear Avenues). 3. Anything is better than another fast food. Maybe we will get a signal light with the added traffic that it will generate. 4. Better use of the land and also it will tie in well with the other businesses. Better tax base. 5. White Bear Avenue properties are logical commercial properties. 6. Better use of land, more taxes. 7. It is about time that property owners south of Beam Avenue can sell or develop their property to its best use. Taxes on my property in this last year have doubled with commercial property on three sides, I cannot see residential zoning as its best use. 8. Need traffic lights at Radatz and White Bear. Those in opposition commented as follows: 1. It will effect the property values of residential property that I own in the area if rezoning occurs. 2. The area should stay residential. 3. Adequate services are currently available. 4. Inefficient and unesthetic use of prime commercial property on White Bear Avenue. This type of business could be better located on County Road D, where other auto services are located. It is not acceptable at this location to me, we do not want this primary thoroughfare (White Bear) to be lined with muffler and lube joints. They do not have a very good record of long -term esthetics. Look at others after they have been there for 5 -10 years. What do they look like now? We don't need thatl 5. The area has too many of these types of business already and will not be able to support them all. This would result in a closed business and a vacant building which would hurt the community image (comment from Burger King). 4 Site Description The subject property has 320 feet of frontage along White Bear Avenue and an average depth of 180 feet with a total acreage of approximately 1.3 acres. It is occupied by three single - family homes. Each lot has a scattering of coniferous and deciduous vegetation. All three parcels are high and dry and relatively flat except for a slight rise at the south end of the property at Radatz Avenue. Surroundina Land Use North: Rapid Oil Change. East across White Bear Avenue: A large older home and vacant land. Lands in the southeast quadrant of White Bear Avenue and Radatz Avenue: Single - family residential. South across Radatz Avenue: One single- family home and a driveway leading to the Executive Office Center. West: One developed single- family lot. Past Actions -Site and Area In June 1979, a request was made to rezone that part of the property presently zoned BC(M) and including the two northerly parcels of the subject property. The request was for rezoning from F, farm, to BC(M) and it was approved. In July 1979, Mr. Ernest Radatz requested the rezoning of his property at 2829 White Bear Avenue plus the properties at 1905 through 1927 Radatz Avenue from F, farm, to BC(M). That request was denied. Mr. Radatz requested reconsideration later that same month and the rezoning was once again unanimously denied by the City Council. One of the reasons for denial was that Mr. Radatz did not have a specific development proposed. In January 1984, the southwest corner of Beam and White Bear Avenues was the subject of a comprehensive plan amendment from LSC to SC and a rezoning from BC(M) to BC for Rapid Oil Change and Mr. Donut. Burger King had not yet committed to occupy the property but later followed. Both the comprehensive plan amendment and rezoning were approved. Of significance in this case was the City's adherence to its comprehensive plan, whereas the prior LSC designation did not permit the Rapid Oil Change or Burger King uses. Approvals were granted primarily because "a buffer zone is not needed, since the property to the south is designated for LSC use." In February 1984, Mr. Radatz requested approval of rezoning from F, farm, to LBC for 1905 through 1927 Radatz Avenue and 2829 White Bear Avenue. The rezoning was approved and was consistent with the comprehensive plan' designation. Existing Zonina The subject property is divided into two different zoning districts with the northerly two - thirds zoned BC(M) and the southerly one -third LBC. Lands to the north of the subject property are zoned BC while those to the west are zoned LBC. The property at the southwest corner of Radatz 5 and White Bear Avenues is zoned F, farm, but is surrounded by LBC. Those easterly of White Bear Avenue are zoned LBC and F, farm. (See attached map.) The BC(M) district or business commercial (modified) is intended to serve as an orderly transition between more intensive commercial uses and lower to medium density residential areas. It specifically prohibits drive -in restaurants, car washes and public garages, all of which are akin to an auto service center. To permit the proposed use by CUP will require a clear definition of an auto service center versus a public garage. Comprehensive Plan The subject property is guided for limited service commercial (LSC) which, according to the text, reads as follows: "The limited service commercial center classification refers to commercial facilities on a neighborhood scale. Heavy industrial uses, department stores, motels, auto accessory stores, etc., would be prohibited. Other land uses of a medium intensity nature such as gas sales with no vehicle repair or maintenance and with no more than two pumps on a single island to service up to four vehicles at one time, may be permitted subject to meeting certain performance standards as defined by the zoning code." Generally, the subject property is surrounded on the west and south by LSC guided properties and on the east, across White Bear Avenue, by RM or multi - family and LSC uses. The proponent's request is for a change in the City's comprehensive plan from LSC to SC. According to the comprehensive plan: "Service Commercial Centers (SC). This commercial classification is oriented to facilities which are local or community -wide scale. While a full range of commercial uses is permitted in this district, certain types of facilities which may be of a high - intensity nature, such as fast -food restaurants, discount sales outlets, gasoline stations, and light industrial uses should be permitted subject to specific performance guidelines. The objective of establishing this district is to provide for a wide variety of commercial uses, compatible with the character and development of the neighborhoods in which they are located." This is a very broad commercial land use category that would clearly permit an automobile service center of the type proposed. The broader question is whether the types of uses suggested by this classification are appropriate for the subject site and area which is a transitional zone? Traffic and Access Average daily traffic volumes on White Bear Avenue approximated 22,000 in 1987. White Bear Avenue has four moving traffic lanes with a concrete median with median cuts only at Beam and Radatz Avenues. There are no 0 opportunities for median cuts between those two streets. Proposal The proposal calls for a total of approximately 11.200 square feet of area anchored by a Car X Muffler Shop. Also proposed is a Jiffy Lube. Other potential occupants include: a tire, battery and accessory store, an auto parts store, a glass repair shop and similar uses. The proposal calls for 49 parking spaces. The Auto Care Center is not a significant generator of traffic, certainly not in the category of a gasoline station which has a relatively high turnover of short duration and accommodates numerous patrons during business hours. It will generate approximately six vehicle trip ends per serviced auto per day plus four trips per employee per average day. While we know very little about the operation of the facility, 50 serviced care and 20 employees will generate between 400 and 500 vehicles trip ends per average day. It will have a tendency to peak during the a.m. and p.m. peak traffic hours. By way of comparison, a 20,000 square - foot general office building would generate approximately 350 vehicle trip ends per average day. There are two problems with the site plan. 49 parking spaces are proposed. Code requires 60. Code also requires a 20- foot -wide green area along the west property line. The proposed green area ranges from five to fifteen feet. The building would have a relatively low profile and is reasonably attractive. Its biggest drawback is that it has doors an both sides of the building and those doors are almost always open during periods of summer operation. There is no way that the openings can be screened from the street or from future residential buildings on the east side of White Bear Avenue. kd Attachments 1. Land Use Plan 2. Property Line /Zoning Map 3. Site Plan 4. Letter- Applicant 5. Letter -Rapid Oil f7 Interchange - princlpel arterial 884 Vadnals Heights R . r CIE iul cc SC _ P�u■r■rr■r■rrr 7 ,1 eW ; Rs s; I .. maJor / r. m ■ � collector 1 ; ". 0 ■ sk I 3 melor collector&, E Beam 1Xe _ -3`31 I • m _ .__ • $.Ce -- I' t � B " ' W is 0 i r -SC U O o al ' 3 • ' I RQ Interchange malor ■an■ suaar�re I I collector J `o Cerial or rterjvi A - _ fi � n P fly r miner oelle� / B •' W 1 - I' SC --- e p L ■. Melor cone !O � 1 P ' CSC. .� arva Rl. �� ■. ■■ ■ rr■■■ ■r ■� i BW \�\ _' m In i C q + L W o i m W c o 5 c e` c m m o + i fi F }1, 4 os HAZELWOOD 4 LAND USE PLAN N 8 Attachment 1 1 4 160 . + 1• LBC 6B 56' .......,w OI NLO 1 • • ... 12.1 • q' .Y_ .. D/e T. COURT �G1.671Y• I 7,04— .N „ +lo. Q _________ _________ t C !• `O LAL i a �� 0 a O a P.1 26. 50 .10 a 0 LT. 7 02.03' n� • s� 5e•vc 652.53' — 7�C t•91 �:-.. 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HE 1 el sbs° F PROPERTY LINE / ZONING MAP 9 Attachment 2 4 fUnx A-x 10 - I Attachment 3 t 1 10 - I Attachment 3 GP -BAJR, INC. 1 100 INTERNATIONAL CENTRE 900 SECOND AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55402 -3397 TELEX 290569 FREDRIKSON MPS TELECOPIER IS 12) 347.7077 TELEPHONE IS 12) 347.7004 June 3, 1988 Mr. Geoff Olson Director of Commercial City of Maplewood 1830 East County Road Maplewood, MN 55109 Dear Mr. Olson: Development d This letter is intended to accompany the Application for Rezoning and the Application for Conditional Use Permit in connection with the property commonly known as 2819, 2839, and 2847 White Bear Avenue, Maplewcod, Minnesota. The intended use of the subject property is a retail service center for the service of automobiles. Potential occupants of the property could include a quick lube, a muffler store, a tires, battery and accessory store, a part store, a glass repair store, and similar uses. It is appropriate for the City to approve the Applications because the proposed development of the subject property will more nearly comply with the zoning of the subject property than does the present use, it is compatible with the adjoining uses, and it will add to the City's tax base. If we can provide any additional information, please give me a call. Your consideration is appreciated. BAB:jb cc - Mr. Eugene E. Pedersen cc - Mr. Brent Krause Yours very truly, GP -BAJR, I C. By / rtin A. Bisb44, Jr. 11 Attachment 4 July 5, 1988 City of Maplewood Geoff Olson, AICP - Director of Community Development 1830 E. County Road B Maplewood, MN 55109 Re: Your Neighborhood Survey 2829 -2847 White Bear Avenue Dear Mr. Olson: In response to your letter of June 23, 1988, we strongly object to this proposal because adequate services are currently available. We bought, developed and are operating a Rapid Oil Change (Instant 011 Change) facility within one block of the proposed auto service center which is to include a quick oil change facility. Also other business similar to those to be offered by the auto service center are already located in the area. Further, we feel that the addition of the auto service center would have a negative impact on ozr.business and other similar businesses currently servicing the area. A major reason for our locating the in Maplewood Mall area was the limited commercial zoning. So, we would ask that you not rezone this parcel for this use because existing zoning has been adequate to provide the needed auto service center type business. Thank you for the opportunity and consideration give to our comments on the application. SeCL � i5% C E. F. Flaherty President EF /cj CORPORATE OFFICE • 3041 41h AVENUE SOUTH • MINNEAPOLIS. MN 55408 • 16121827.2541 DIVISION OF VALVOLINE OIL COMPANY • DIVISION OF ASHLAND OIL. INC. 12 Attachment 5 Planning Commission Minutes 8 -1 -88 -2- Gene Peterson, a oVwith o center, 12914 Ham in e background and e> ;pe o Peterson presented a t service center. Two p eople spoke in r project. Commissioner Cardinal moved the > denial of the ordin ce amending allow an auto service center as a Commissioner Barlett seconded / •I B. 2829 -47 White Bear Avenue Plan Amendment Rezoning Conditional Use Permit the proposed auto service Valley, spoke about his service centers. Mr. of the proposed auto 3posed auto service center ing commission recommend BC(M) zoning district to tuitional use. Aya--- Axdahl, Barrett, Cardinal, Dempsey, Larson, Sigmundik, S1 etten Secretary Olson presented the staff report. Bill Sievers, a resident of Maplewood and the contractor for this project, spoke concerning the high - quality of construction of the proposed building for this project. Commissioner Larson moved the planning commission recommend: 1. Denial of the plan amendment from LSC to SC on the basis that: a. Fast rezonings in this area have supported the limited service commercial designation south of Beam Avenue. b. The reclassification to SC will establish a precedent for like requests on the east side of White Bear Avenue and the southwest corner of Radatz and White Bear Avenues. The property on the east side of White Bear Avenue is planned for RM, residential medium density and LSC. The southwest corner of Radatz and White Bear Avenues is planned LSC. C. The SC designation would make it difficult to deny a rezoning to BC, business commercial. This zoning would allow the hind of commercial land uses (drive -in restaurants, gasoline stations and vehicle repair and Planning Commission Minutes 8 -1 -88 -3- maintenance facilities) that are not compatible with the neighborhood. d. The SC classification is not consistent with the neighborhood and the transition that is required to protect present and future comprehensive plan designated residential areas. e. No evidence has been presented to justify a change. 2. Take no action on the rezoning from LBC to BC(M) and the conditional use permit, on the basis that the code amendment for the auto service mall is recommended for denial. The rezoning, however, may be justified for a different use. 0 If council decides to approve this request, staff recommends tabling to allow staff to prepare the proper resolutions. Commissioner Cardinal seconded Ayes -- Axdahl, Barrett, Cardinal, Dempsey, Larson, Sigmundik, Sletten VI. VISITOR RESENTATIONS VII. COMMUNICAT ONS VIII. NEW BUSINESS A. Conditions Use Permit: 1055 Zhecommission. ay 36 (Hermanson Dental Lab) The staff report wa presented t ' Dan O'Brien, 6115 Ca 1 Ave te, the architect for the project, said the addition woul to exactly the same as the building and ''the use would remain a same. Commissioner Cardinal oved the planning commission recommend adoption of the re cation a roving a conditional use permit for an indefinite erm for the roposed dental laboratory addition at 1058 ast Highway 3 Approval is based on the findings requir d by code and sub'ect to adherence to the site plan date -sta ed July 12, 1988, unless a change is approved by the City's mmunity Design Review Board. Commissioner Sletten seconded Ayes -- Axdahl, Barrett, . Cardinal, Dempsey, Larson, Sigmundik, Sletten F _5 TO: FROM: SUBJECT: LOCATION: APPLICANT: OWNER: PROJECT: DATE: .Li1t ion SUMMARY Endorse Mudlf1od.�~�_,�, 8ejoota Dat The applicant is requesting approval of a conditional use permit (CUP) to construct a 41^3- by 76--Foot addition onto the west side of the building" A CUP must be obtained from the city council since the proposed addition would be within 350 feet of a residential district" Criteria for Approval Section 36-442 (b) requires that approval of a CUP be based on the ten findings in the resolution on page 7 , The addition would meet the findings for a conditional use permit" The addition would not impact any residential prope?,rties" It would not be seen from the nearest homes on Gervais Avenue. Recommendation � Adoption of the resolution on page 7 approvinO a 'onditional use permit for an indefinite term for the proposed dental tab"d'ratory addition at 1055 East Highway 36. Approval is based on the fi required by code and subject to adherence to the site plan date-stamped July 12, 1988, unless a change is approved by the city's community review board. ^ MEMORANDUM City Manager Thomas Ekstrand Associate Planner Conditional Use Permit 1055 East Highway 38 Krech, O'Brien Mueller and Wass, Inc. Richard R. Hermanson Hermanson Dental Laboratories July 26, 1988 ' � ^v � CITIZEN COMMENTS Staff surveyed the seven surrounding property owners within 350 feet for their comments concerning this proposal. Of the four replies, three had no comment, one was in favor and there were no objections. In Favor Comment: Hermanson Dental is a good neighbor who keeps his property in good order. REFERENCE Site Desc riDtion 1. Site size: 1.8 acres 2. Existing land use: Hermanson Dental Clinic Surrou La Uses Northerly: Undeveloped property zoned PC, business commercial, and F, farm residential Southerly: Highway 36 Easterly: Twin City Vending Westerly: Undeveloped property zoned M -1, light manufacturing Past Action 9 -7 -72: Council approved the building and site plan for the existing building Planning 1. Land use plan designation: LSC, limited service commercial 2. Zoning: M -1, light manufacturing 3. Ordinance requirements: Section 36 -187 (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. Section 36 -442 (e) requires that all CUP's be reviewed by the city council within one year of the date of initial approval, unless such review is waived by council decision or ordinance. kd Attachments 1. Land Use Plan Map 2. Property Line /Zoning Map 3. Site Plan 4: Letter of Request dated June 24, 1988 5. Resolution E I I I I I I 1 i [ [ i I E 1 rcnange mo N I / .a-..-.-._. f IRm - IRI O •a9minorarteridl ca w GERVA /S v I OS y. RI rr i rn - rr collec�or_' _ t�j : minorarterial LAKE �•2! -� I �`l l l�_� J fnl. I o •- 1 ' �_ E j 4° • m -- _- RI I 1 � at art ial" 'inter ange I -- Nohlman Lake LAND USE PLAN 3 Vadnais Neigh / L - . r. , principal arterial Attachment 1 ' BW o _ o � I uin[ c•a•w '. O •a9minorarteridl ca w GERVA /S v I OS y. RI rr i rn - rr collec�or_' _ t�j : minorarterial LAKE �•2! -� I �`l l l�_� J fnl. I o •- 1 ' �_ E j 4° • m -- _- RI I 1 � at art ial" 'inter ange I -- Nohlman Lake LAND USE PLAN 3 Vadnais Neigh / L - . r. , principal arterial Attachment 1 `* � UNDEVE4dPED (jobEvrn: s� As sac 69et . per! r -- - m GERVAIS �..�'�'� --• -J .S9ec X1 ',6., Q (.'`'. JJ � m � +Hermanson ?win City Dental Lab Vending Northern Wholesale _01 LS RA UA EV a- PED t�d i ON Supply m - tip .SCE. WIN \ i P e." 0 J 0 r ■ \\ - -- - - - - -- c PROPERTY LINE / ZONING MAP 4 Attachment 2 0 N wnm\ M1O m n� uRu 6/24/88 Request for approval of conditional use permit. Zoning District M -1, Light Mfgr. Existing use - Light Mfgr - Dentures Proposed use - Same Reason for request.- Expansion of existing facility. The original conditional use permit was granted because the facilities met the criteria for approval of a conditional use permit. The expansion meets the same criteria. The new facility will look like the existing facility. It does not encroach on any set backs. The ratio of pervious to impervious surfaces will remain very nearly the same due to the proposed replacement of a section of existing asphalt with topsoil and grass. The parking requirements are met with the proposed design. Physically the proposed expansion will have minimal effect of the site. The expansion will house light manufacturing of dentures. The additional traffic will be employees coming to and going from work. The items produced are very small & no additional truck traffic is expected. Attachment 4 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, Krech, O'Brien, Mueller and Wass, Inc. initiated a conditional use permit to construct an addition onto a / dental laboratory structure at the following- described property: That part north of STH 36 -118, of W 248.52 feet, of E 739.52 feet, of SW 1/4 (subject to road and easement of Sec. 9, TN 29, RN 22.) This property is also known as 1055 East Highway 36, Maplewood; WHEREAS, the procedural history of this conditional use permit is as fol l ows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on August 1, 1988. The planning commission recommended to the city council that said permit be 2. The Maplewood City Council held a public hearing on , 1988. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAT the above - described conditional use permit 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. 7 Attachment 5 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. B. 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 adherence to the site plan, dated .July 12, 1988, unless a change is approved by the city's community design review board. Adopted this day of , 1988, Seconded by Ayes -- STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed clerk of the City of Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the day of , 1988, with the original on file in my office, and the same is a full, true and complete transcript insofar as the same relates to a conditional use permit. Witness my hand as such clerk and the corporate seal of the city this day of , 1988. City Clerk City of Maplewood 0 Community Design Review board -2- Minutes 7 -26 -88 B. Budding Elevations Revisions/- Menard's Mary Pro asks was present repr enting the Menard's project. r. Prochaska noted a proposed color of the existing h eycomb fascia wou d be brown, rather than cream -color as described i the staff report. Board Member k chsiek mov approval of the building design plan re 'sions fo Menard's date - stamped July 13, 1988. Board Member Anitz er er seconded Ayes - -all C. Building Eleva 'ons Revisions - Toys "R" Us. Bruce Dimmig, arc ite t for,%he project, said the only project that is eing roposed at this time is Toys "R" Us. Kids "R" U projec has been postponed at this time. Mr. Dimmig sai he was i agreement with the staff recommendatio . Board Membe Anitzberger m ved approval of the building elevations and landscape pl s date - stamped July 12, 1988, for oys "R" Us. Sign ge is not included in this approval and will be reviewed y staff. Board Wember Kochsiekk seconded Ayes- -all VI. DESIGN REVIEW A. Plan Review - Hermanson Dental Lab Addition Dan O'Brien, architect for this proposed addition, said he was in agreement with the conditions of the staff recommendation. Mr. O'Brien said the same materials and ' colors would be used on the addition as are on the existing building. Board Member kochsiek moved approval of the site plan date- stamped July 12, 1988, and the building elevations date - stamped June 24, 1988, for the Hermanson Dental Clinic addition. Approval is subject to: 1. Any exterior building or roof -top equipment shall be decoratively screened and hidden from view. 2. Parking areas shall be striped and all new bituminous areas shall have continuous concrete curbing. Parking lots shall be kept. in a continual state of repair. Community Design Review board -3- Minutes 7 -26 -88 3. If construction has not begun within two years of approval, board review shall be repeated. 4. Grading, drainage, erosion control and utility plans shall be subject to the city engineer's approval. 5. The applicant must obtain a conditional use permit from the city council. 6. The three new parking spaces in the northwesterly corner of the site (shown as existing parking on the site plan) shall not be provided. 7. Fire hydrants shall be provided according to the requirements of the Fire Marshal. 8. The applicant shall provide a monetary guarantee, in a form acceptable to staff, in the amount of 150% of the estimated cost of any site improvements that are not completed by occupancy. Board Member Anitzberger seconded Ayes - -all H. Plan Review - Personal Touch Auto Eric Hegrenes, t a plicant for thi project, said the conditions of the saff recomme dation were acceptable to him. Mr. Hegrene discussed w'th the board members his plans for the col o s and mater for the proposed building. Board Member Anitjbe ger mo ed approval of plans date - stamped July 12, 198 for Personal Touch Auto, subject to the following con ditruct; t t io s: • 1. Trash dumpsters h 1 be stared in screening enclosures with a 100 aque wooden gate and shall be a color and material co a'ble with the building. Enclosures shall be p ote ed by concrete - filled steel posts, or the equiva nt, nchored in the ground at the front corners of th re. I f the enclosure is masonry, the protec ive post may be omitted. Any dumpsters within t e securit fence need not have a separate enclosur . 2. The buildin and on -site signs must be at least 100 feet from the b' lboard as code requires. 3. The color scheme of the building, with samples, shall be submitted for board approval. Planning Commission -3- Minutes 8 -1 -88 mainte7tknce facilities) that are not compatible with the neighbor od. d. The SC classification i�'not consistent with the neighborhood nd the transi ion that is required to protect present and futL a comprehensive plan designated residential area Vhbeen e. No evidence presented to justify a change. 2. Take no action on the rezoning from LBC to BC(M) and the conditional use perm' , on a basis that the code amendment for the auto servic mall is ecommended for denial. The rezoning, however, may be just'fied for a different use. If council deci tabling to al 1 q s to approve thi staff to prepare Commissioner Cardinal seconded VI. VISITO PRESENTATIONS VII. COMMONICATIONS VIII. NEW BUSINESS request, staff recommends be proper resolutions. Ayes -- Axdahl, Barrett, ardinal, Dempsey, L son, Sigmundik , S ten A. Conditional Use Permit: 1055 Highway 36 (Hermanson Dental Lab) The staff report was presented to the commission. ` Dan O'Brien, 6115 Cahill Avenue, the architect for the project, said the addition would loot: exactly the same as the building and the use would remain the same. Commissioner Cardinal moved the planning commission recommend adoption of the resolution approving a conditional use permit for an indefinite term for the proposed dental laboratory addition at 1055 East Highway 36. Approval is based on the findings required by code and subject to adherence to the site plan date- stamped July 12, 1988, Linless a change is approved by the City's Community Design Review Board. Commissioner Sletten seconded Ayes -- Axdahl, Barrett, a Cardinal, Dempsey, Larson, Sigmundik:, Sletten MEMORANDUM Action by Council: Endorsed— Modifie Re j ected.._,.......,.,,,, Da t e.,.....,„,..,,,.. _ ,.,., TO: City Manager FROM: Thomas Ekstrand -- Associate Planner SUBJECT: Rezoning and Preliminary Plat LOCATION: McKnight Road, north of Timber Trail APPLICANT /OWNER: Garet M. Bros PROJECT: Chesterwood Two Second Addition DATE: July 21, 1988 SUMMARY I ntroduction The applicant is requesting: 1. Approval of a rezoning from R -1 single - dwelling residential to R -2 double- dwelling residential for two proposed double dwellings. 2. Approval of a preliminary plat to create two double- dwelling lots along McKnight Road. Parcel A would have 13, 200 square feet of area. Parcel B would have 18 square feet of area; 12,628 square feet would be buildable area outside of a drainage easement. B ackgrou nd On January 7, 1982, council approved the final plat for Chesterwood Two. The subject parcel was denoted as Outlot A on this plat. The applicant had proposed at the time of the preliminary plat, to develop this outlot with double dwellings at a later date. No approval for the doubles was given. Policy Consider 1. This area is designated RL, residential low density in the city's comprehensive plan. RL is defined as follows: "This classification is primarily designated for a variety of single- dwelling homes. An occasional double dwelling may be allowed. The maximum population density is 14 people per net acre." The Chesterwood Two plat with the two proposed double dwellings would have a maximum density of only 8.4 people per net acre. 2. It has been the City's policy to limit double dwellings to the periphery of single- dwelling neighborhoods; preferably, to higher volume streets. 3. Section 36 -485 of city code requires the following findings to approve a rezoning: a. The proposed change is consistent with the spirit, purpose and intent of the zoning code. b. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. c. The proposed change will serve the best interests and conven- iences of the community, where applicable, and the public welfare. d. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Alternatives (least to most restrictive) 1. Approve the plat and rezone both lots to R -2. 2. Approve the plat and rezone only the southerly lot to R -2. 3. Approve the plat, but deny both rezonings. The applicant would then be limited to two single dwellings. Discussion There is no problem with the preliminary plat. There is not sufficient justification, however, to approve both twin -home lots. The comprehen- sive plan allows an "occasional" double dwelling within tow density areas. One R -2 lot would meet this provision. McKnight Road, a designated minor arterial roadway, would have no problem sustaining the slight increase in traffic generated by an extra dwelling. Code also requires that driveway turn - arounds be constructed for all homes an arterial roadways to avoid the need to back a car into oncoming traff is . Proposed Parcel A should remain R -1 for construction with a single dwelling. Parcel b would then be buffered from most of the existing single dwellings by the drainage easement to the south and proposed Parcel A to the north. Recommendatio 1. Approval of the Chesterwood Two Second Addition preliminary plat, subject to the following conditions: a. Rededication of the panding easement on the proposed southerly parcel as it presently exists on Outlot A. b. Dedication of a ten - foot -wide drainage easement across both parcels from north to south, subject to the city engineer's approval. 2 2 Adoption of the resolution on page 19 rezoning the southerly 140 feet of Outlot A in the Cesterwood Two plat from R -1 to R -2 based on the findings required by ordinance and the following. a. The double dwelling would be on the periphery of a single - dwelling neighborhood and would be located on a minor arterial street. b. The density in this neighborhood would be substantially less than planned. 3 CITIZEN COMMENTS Staff surveyed the 37 surrounding property owners within 350 feet of this site for their comment. Of the 25 replies, one had no comment, none were in favor and 24 objected. The objections are as follows: 1. All of the homes around here are single dwellings, which is why we bought property in this area. Leave these lots as single - dwelling lots. Doubles would be inconsistent with the area. 2. Duplexes would add too much traffic congestion with too many driveways an a busy street, plus on- street parking. 3. Rental property would decrease the property values of the surrounding single dwellings. 4. With the property taxes we pay, some respect should be give to our views. 5. We had to agree to many rules and one was single home - -why change now? 6. Refer to the enclosed letters and comments on pages 13 through 16. S taff C omments 1. Property Values: The Ramsey County Assessor's office has stated that there is no evidence that double dwellings would cause a decrease in property value for nearby single dwellings. A lack of upkeep, whether single or double dwelling, would cause a negative effect on adjacent property values. Also, refer to the report on page 17 dealing with the effect of multiple dwellings on adjacent single- dwelling home values. The conclusion of this study does not show a negative effect on property values or house sales. 2. Traffic congestion and extra driveways: If each double dwelling had a common driveway, there would be no more driveways than would result from single - dwelling development. Also, code requires driveway turnarounds on McKnight Road so cars will not back out into the street. 3. Filling of the drainage easement: This would not be allowed. A drainage easement would be required across both lots to facilitate runoff from the property to the north to a holding pond. 4. Precedent for further twin -home development: The city has no control over where, or by whom, a rezoning to R -2 would be requested. Any proposal, though, must be found to meet the requirements for rezoning in the zoning code to be approved. 4 L. REFERENCE Site Description 1^ Site size: 31 square feet 2. Easements: the southeasterly corner of the site (5 square feet) is ponding easement. 3. Existing land use: undeveloped Surrounding Land Uses Northerly: a single dwelling on a 4.35 acre tract proposed as Maidment Terrace, a single-dwelling neighborhood" Southerly: single dwellings Easterly: an undeveloped single-dwelling lot in the Chesterwood Two subdivision with adjacent single dwellings Westerly: McKnight Road" West of McKnight Road are single dwellings. Past Actions 2-1~79: Council approved a preliminary plat for the Siekmeier Addition at the southeast corner of McKnight Road and Highwood Avenue. Council also granted conditional use permits for double dwellings on three of the four lots in this subdivision. (In 1979, double dwellings could be allowed by rezoning or conditional use permit.) 4-15~82: Council approved a preliminary plat for Leonard's Oak Hills No" 5" This plat consisted of 21 single and 11 double dwellings, located on Highwood Avenue, east of McKnight Road. This was later replatted for all single dwellings as the Jefferson 4th and 5th Addition. 1;4ty Code 1" Section 29-90 (e) requires that driveway "turn-arounds" must be constructed with each new home fronting on an arterial street, as designated in the city's comprehensive plan. 2^ Section 25-66 requires that site and building design plans for double dwellings be approved by the community design review board. mb Attachments: I. Highwood Neighborhood Land Use 2. Property Line /Zoning Map 3. Chesterwood Two Second Addition 4. Applicant's letter date - stamped 5. Rezoning petition 6. Letter from Kenneth Pauregau 7. Letter from Denise Howard S. Letter from Karl and Patricia 9. Questionnaire replies 10. February 7, 1965 study on home 11. Zone change resolution P1 an Preliminary Plat March 7, 1988 Maidment values H� I I Il I mayor collector Linwood _. ■� ti WMAINOt>•MI•■ WnWWWWWW tt• e RL I `s I C O e a j 0, m,n r co11e °�Or RL , 1 S RL 1 T r 1 - � 1 1 e Hlphwood= t 1 c Ilecl P m no ollect p 1 1 ' T 0 0 Inor collet r t RL 1 p C e 1 ! m inor _ 1 s (J, E collector 1 - pp 11 O 1 . — minor col lector �ti r f y Carver ee Cllecl 'r lJ ¢ i � � s School Search Area IV m 1/2 Mlle Radlue 0 V 0 0 oS HIGHWOOD LAND USE PLAN 7 Attachment 1 5 r )n 2!•'�TCzO B ° D (q3' o �(12) IQ� �' �5) iA` 2 55 ei 92.SO 9 a. 4d AV E. 0 63),, • ; ; 8 /. 'v e`i bn '�73y 11(151) M Ci 4 (44 V ( X 130 D PNb 9�10 0 °� O �2L) ° Z( ao( V ° 2 3K L a 1 w (2]) c \)o w l • .CL 6y' mtt-.lz9) o 8) r _ w (53� -)3 h 0 u a.ls los.et I2?. ap 10.]4 - 164.39 a 3 `Pw� yz 4 � o - 'o y.. v y � 2 0 a o ei / C.S ' ti (49� S V a 0 ac 42 . A F Al 824 C] (31) o<o 29 7 A� r P ' W E' f.6 4 PARCEL A 3 2 oe ;: ��� ?� X 1321 2320 1 • .�... (3 ) BHT) X 4 v ( PARCEL B "4 N T OD 233. 1 2307 = z3 s. ea •szzo 234.01 L107 C LCC I ��� a ""JJJ O LLL GLL 777 q Cam) s TIMBER T o 10.90ac i CL S) T (2.7) d I ° 2 Y 3 '' 4 3 4 loo O 2io so 1 40 'O a °n ao eo do .e°sd' aa. •�/ N N v R A (18) r 3- 4p s a - ' .117 m Y ) 7 ..d PROPERTY LINE It ZONING MAP 8 Attachment 2 A N 4 CHESTERWOOD TWO SECOND ADDITION 9 (PARCELS A AND a) Attachment 3 0 N -NB9 °5 ... '- 657 79 � ••• j ' 43.00 132.00 23000 152.79 PARt�L W g o " 10 9 4 : a �0 a y 9 ' 's olb < c c°o �/ ` y 0 6 1 ... 9.00[.^ pp•}l. m %o? . 0 M a 1 ry mm ,..1N6 m& °50'40•N..j 1 L °4080 69A 583 J_ 19 ' V 4 F0, "E - 60.00... .. n!' * \l0 J 0 IN ��1.. / "'.,_ L:21 49 r n N89 5842 ' �- ol.0 b N -P 0.0 0 / 4,a 9? e PS S % / O6T . °....... 31'02•' o' .ss. �J r ° - 1........... 10 .. ..' ....... 0 . y.......... 9 1 �0p O ! I __ y NIZ .....::::15. o ((11 <• 12 -',1 �3 a ev �9• '9 ?0 / N N O 0 �e L °4086 r1a N�v� $ T Q ...... 01 '' 6 =.5,30'32" 1 O P o 0 0'; 1110 NN .. OI ...�. .....), F otm iv a mn ` ,.. ° NP a 58.6 03 `• ... —`B L'5186 ..,1 :.� 55 10 4.6 °59'2B•.... ' I,.'. 4 °4.54.36" 5 rZ 14 - __i _ O c a �' Ck ' O OCY =. I� P' 2 3 N u, '1 1 G N Z MO O O� O OI S N I1% 101 O -ip0� .0 I O T N L =7069 30'- 0 I 2 30 - xi... L.I6 �Ci 7 , r.... Q __!z ro 0 ... J� R °4500 o L_z- - - - - -- - - 60 o ,�_ — 00 -- N89 °59'35 "£ TIMBER ....319.0 - I L '6 — O NB9 °59'35 "E ._— __ -_ - Q i . 0 10 N8 DnoO/ TRAIL m� b TRAIL n3 2. %. � 6920 43 !1354 0 - - - - -- 100.00 r. .,r_---- — 7-- - - - - -- — - - -- o .. Drainage 0.90 i ose�nl "•^ Y V kp E. 2 o� 3 4 ` o , ,o I 43.00 11354 100.00 130 00 220 a0 4 CHESTERWOOD TWO SECOND ADDITION 9 (PARCELS A AND a) Attachment 3 0 N CHE5 1E ° SWOOD TWO, SECOND ADDITION A presentation to the Planning Commission of the City of Maplewood for the development of Chesterwood Two, W e i 1988 Second Addition LOCATION The site, known as Outlot A of Chesterwood Two, is a 31680 sq. ft. (0.727 acre) parcel located on McKnight Road midway between Linwood and Highwood Avenues in the South leg of Maplewood. HISTORY It was originally intended that the subject land was to become three comfortably sized single family dwelling lots as a part of the Chesterwood Two Plat. However, it was withdrawn from the original plat request and set aside as an outlot. Later, an easement for the storm water retention pond at the Southeast corner, reduced the buildable area below the minimum for for three lots. TOPOGRAPHY The site is nearly flat with a slight depression in the center of the North end , and a sharp slope into the storm water retention pond at the South -East corner. The North approximately one -half is wooded, primarily with Aspen. SOILS Test borings and subsequent construction in Block One of Chesterwood Two disclosed a range of fine alluvial soils consisting of silty clay, silty sand and clayey sand under clayey topsoils ranging upward of one foot deep. Although no borings have been made in the outlot, similar soils are expected to be found here. Attachment 4 10 DEVELOPMENT PLAN The proposed plat is to provide two lots of 13,300 and 18,480 sq. ft. (100 and 140 ft. wide by 132 ft. deep). It is also requested the site be rezoned to R2 to allow construction of double residences. Even with the ponding easement, the Maplewood City minimum for R2 zoning is comfortably exceeded. When averaged with Block One, the total density for Chesterwood Two would be far below normal density for R1 zoned areas. Considering the location of the parcel and it's street access (McKnight Road), R2 zoning is a reasonable and most practical use of this property. Similar property at the Southeast corner of McKnight and Highwood Avenues has been so developed. The original plan for three single family lots would have yielded about $21,900 per lot, a total of $65,700. Because of the retention pond, the two resulting lots would yield a value of about $22,900 each as singles for a total of only $45,800, a penalty of $19,900. Zoned as R2, the values would be increased to about $26,900 each, an improvement of $8,000, still a significant hardship but less so. 11 CITY OF MAPLEWOOD REZONING PETITION We petition the Maplewood City Council to rezone the attached described property from (,INPL►} to Q -2 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. RE PRINT ADDRESS ;LVO d , ate .x y1-1 •s1-r•e /"�0 y IZ -( i ve �12 zat4 TT 15 ARET /Ll 805 J AM <519 - C ggqqqq���� ✓e'c �NN 12 232 / lLmber l✓a: z y r W// 11 90 Timlea, 7w Al z2-97 T)nk+w 71- «� z z9q 7 /� T . Attachment 5 /> r - zlC r I O r e � O 73 Attachment 6 DENISE L. HOWARD 2254 Matterhorn Lane St. Paul, Minnesota 55119 May 3, 1988 Mr. Geoff Olson, AICP Community Development Dept. City of Maplewood 1830 E County Road B Maplewood, MN 55109 Dear Mr. Olson: This letter is written in opposition to the application of Garet M. Bros for rezoning of McKnight Road north of Timber Trail. I object to this proposal because I feel once multiple housing is begun on this piece of property, multiple housing will be cropping up everywhere around us. This would cause our peaceful neighborhood to become crowded, the double dwellings would clash With our single - family dwelling atmosphere, and traffic on McKnight Road would become noisy, dangerous and odorous, Soon our area would appear as picturesque as the area around 7 -11 on McKnight and Lower Afton. But more importantly, our neighborhood (which is directly surrounding this proposed development), is full of young children, at least 60 between the ages of 1 and 14, (60+ children in about a three -block radiusll), those from 7 and up using McKnight Road to go to and from their friends' houses. My children and I live . on the corner of McKnight and Matterhorn Lane, directly across the street from the site of Mr. Bros' development. They have friends who live north and south of us on McKnight Road, and they have friends who live on Dahl, which is across McKnight Road 1/2 block north of us. My children are 11, 8 and 7, and they use McKnight Road to travel to their friends' houses and /or 7 -11, either on foot or on bicycles. I see multiple housing as a threat to my children as a result of Increased traffic on McKnight Road. As it is, the traffic is heavy enough that I would like to see more of a shoulder skirting the road to enable children to ride /walk on something more than a narrow gravel strip along the road. As much as I talk to my children about traffic safety, they are distracted easily when among each other and I do not want to see traffic increasing as it would should double dwellings arise in our area. appreciate the fact that we have been given the chance to voice our opinions in regard to this proposition. Thank you for your time. 4tSinn c ce , rely L. F 2254 Matterhorn Lane St. Paul, MN 55119 Attachment 7 14 May 2, 1.988 We-object to rezoning these two lots for the following reasons: (1) Mr. Bros originally planned large, expensive single unit homes on all his big lots; (2) Should this rezoning be allowed it opens the way for any development across McKnight to be zoned multiple dwellings which would substantially lower property values in the entire area; (3) Two family dwellings eventually turn into partial or full rental units which, as anyone knows, is,most unstable; (4) Also, two double units would require four driveways onto McKnight which Maplewood at one time objected to for it could create a potential traffic hazzard; (5) The parking of cars for the two multiple dwellings could create more problems. With two such small lots any excess cars for family or visitors could create a parking problem for the neighborhood. And there is no overnight parking allowed on McKnight for any cars. A For all the reasons noted above, we object to any change in the zoning laws. Also take into consideration the low land on the so- called outlot and the lot abutting our land which until now was always said to be for drainage. Karl Maidment & Patricia Maidment 824 South McKnight Road Maplewood, MN 55119 15 Attachment 8 I object to, this proposal becaus It you object, describe below or make this project acceptable._ PROJECT: Chesterwood Two 6 � lQi FJ' �« � an woocea/ Madt o cub l J�)l- k �Gf1G� u 0 all, aid alL x I object to this proposal because T¢ avok�t 41/6S�Crt�la2Cr7 /ou/P�Op?r IT you object, describe below or draw on the enclosed map any changes make this project acceptable. 07ae FAm: ;y llorne od!e PROJECT ctrc�f�r�Q -6& lot P' my /t oU,So on- •7i'rx�er7;r;/ Z 6Vas -&ld by Mr. boos 0d 1' p -m -Me pui'/ot svLJe re inaln undeve(spRe atop �/r2re nroK(�1 nat be Any GUh4i t6ou-1 -1A2 245r2lnPn� CacQPi - LQm6 Nlr. ros %s R /(owed COX Sfr�re� :an. land gear -fhe w4ib-- 1a/dt'n5 Pond lr yok wRntL—� fo Keep � dAis �rn2< oy- M4plQwoo�/ be�u ,vim. -� G/e4�� aN�P s4�' i g sFap dh,s rezon %n9 �dQ�. 7here R're sev¢rQ( /er/fa( pvUpQ fo bz oGUr�iQd icLP Ove /YLaylewaa� F SF. /Z449, you do )?of L rPa p(r2r- Sure /y -those if Y0r1 are loo4 n�i f'ar W T 'f_' 7ncrB4re .67nd Some OZer w4ys•; no` ✓ ✓ Q>< flee eKrenSQ C deva6aatf'Yj' Qkr .pl- o`iPrl;9S. you ;§ had 4W sort's codes w /te" r was to U;l��n� my /rouge" r do not Lawn can,Pretia -nd liow can yoci .e ve" 0,4t:4 de eni9r4 <1'n �l�i /s :do , pla /Zaw canoe L cogs no %n (rm rmoo! embo u * -th.s �JTo /ect on the enclosed map any changes Fcv 16 Attachment 9 MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: The Effect of Multiple Dwellings on Adjacent Single - Dwelling Home Values DATE: February 7, 1985 Whenever a hearing for a multiple dwelling adjacent to single dwellings is held, neighbors always argue that their property values will depreciate. To question this belief is like arguing against motherhood or apple pie. In order to separate fact from myth, I have done some research. The following is a list of the only studies I could find in the metro area: 1. The City of Coon Rapids (1978 -81 data) - -city assessor This study compares the sales ratio (assessor's value /average actual sales price) of single dwellings over the whole city versus single dwellings adjacent to apartments, double dwellings and home occupations. The result is that there was no significant difference in the value of homes. 2. The City of Brooklyn Center (1982 -83 data) - -city assessor This is a similar study to that done in Coon Rapids. This study also found no significant difference in the value of single dwellings adjacent to multiple dwellings versus the average value of single dwellings city- wide. It is interesting to note that parks had a slightly negative effect on adjacent home values. 3. A study by the Bosclair Corporation for the City of Bloomington (1960 -70 sales data from Bloomington, New Hope, St. Louis Park and Edina). This study shows that homes adjacent to multiple dwellings had a slightly higher value 4. A study by North Star Appraisal for the City of Savage (1980 sales data from Apple Valley and Burnsville) This study was based on the effect of quad developments on adjacent single dwellings. This study also found that there was no adverse effect on the property values of adjacent homes. There was also no increase in marketing time. A survey of adjacent homeowners found a positive attitude toward the quads. Homeowners did not feel the projects reduced their property values, polluted their vision or increased the number of undesirables in the neighborhood. 17 Attachment 10 5. A study by Lafayette and Pierce, Inc.- -real estate appraisers for Castle Design and Development Co. (1984) This study is based on a proposed eight— building,64 —unit apartment development in Maplewood called Sterling Glen. This study found that the apartments would not be a deterrent to the overall marketability or value of adjacent homes. Conclusion Council should not base denial of a multiple dwelling project on the negative effect on adjacent property values, unless there is something specific about a project that differentiates it from multiple dwellings in general. Available studies do not show a negative effect on property values or marketing time of adjacent homes. cc: Council Planning commission HRA CDRB Associate planners m 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 an the day of , 1988 at 7 p.m. The following members were presents The following members were absents WHEREAS, Garet M. Pros initiated a rezoning from R -1, single dwelling residential to R -2, double dwelling residential for the following - described property: The southerly 140 feet of Outlot A in Chesterwood Two. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by Garet M. Pros, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on , 1988. The planning commission recommended to the city 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: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. 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 and facilities, such as public water, sewers, police and fire protection and schools. 19 Attachment 11 Adopted this day of , 1988. Seconded by I 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 insofar as the same relates to this rezoning. Witness my hand as such clerk and the corporate seal of the city this day of , 198 . City Clerk City of Maplewood 20 Planning Commission Minutes 8 -1 -88 -5- Commissioner Lar d C. Chesterwood Two Second Addition Rezoning Preliminary Plat Ayes-- A >cdahl , Barrett, Cardinal, Dempsey, Larson, Sigmundik, Sletten Secretary Olson presented the staff report. Gary Bros, 2290 Timber Trail, was present and responded to the staff report. Commissioner Larson moved the planning commission recommend: 1. Approval of the Chesterwood Two Second Addition preliminary plat, subject to the following conditions: a. Rededication of the ponding easement an the proposed southerly parcel as it presently exists on Outlot A. b. Dedication of a ten - foot -wide drainage easement across both parcels from north to south, subject to the city engineer's approval. 2. Adoption of the resolution rezoning the southerly 140 feet of Outlot A in the Chesterwood Two plat from R -1 to R -2, based on the findings required by ordinance and the following: a. The double dwelling would be on the periphery of a single- dwelling neighborhood and would be located on a minor arterial street. ' b. The density in this neighborhood would be substantially less than planned. Commissioner Cardinal seconded Ayes-- A>:dahl, Barrett, Cardinal, Dempsey, Larson, Sigmundik, Sletten D. Public Improvement Project: McKnight Road Secretary Olson presented the staff report on this project to reconstruct McKnight Road, construction of a five -foot -wide sidewalk, construction of storm sewer and the replacement of sanitary sewer and water,lnain between Highway 36 and Larpenteur Avenue. Ken & Helen Parinau 2321 Timber Trail Maplewood, MN 55119 a3A w ,� -6� < 1 N 4 /i e�'\ �I 1 V' 3 U f 7i yn 6 ey ✓ Box Maplewood MAI 5 7 v /6 l /? se Ken & Helen Padseau 2321 Timber Trail Maplewood, MN 55119 a � ._ - . /V/aIa %er AL4�� 9. 1 \FYI Y1C�� �1 �'�,ris a C? x�>a ( TI b �e V- Tv ; ) B ox Mapl -ewa MN 45 - 117 v- Action by Council: Endorsed— Modified Rejecte Date.,,,,,,,,,,...,, MEMORANDUM To: Michael A. McGuire, City Manager From: Robert D. Odegard, Director of Parks & Recreation Subj: Bid opening For Park Improvement Projects 88 -2P Date: August 12, 1988 Advertisement for bids for general site construction at Playcrest Neighborhood Park, Hazelwood Soccer Complex, Geranium Neighbor - hood Park, and Sherwood Neighborhood Park will be opened at 11:00'a.m., on Wednesday, August 17. The bid proposal is quite complicated with numerous alternatives being requested. Mr. Wehrman will make every effort to have preliminary figures available on Thursday, August la, for the City Council. It is requested that formal award of bids for Park Improvement Projects 1988 be included in the August 22nd Council agenda. c: City Clerk Autluo by Cnnnn1I: Eodoran8^°_~,.^-~� / Modifiud°°�.~_^~� Rajoote8~~~°°~^°~�^ Date. AGENDA REPORT TO: City Manager FROM: Assistant City Engineer SUBJECT: Ferndale Storm Sewer, Project 87~20--Award of Bid DATE: August 16, 1988 INTRODUCTION Bids for the subject project were opened on August 12, 198B. The low bidder was Meyer Contracting, Inc. Attached is a letter and bid tabulation prepared by the project engineer, Larry Bohrer of TKDA. .| BACKGROUND ` The revised feasibility report, covering only the Ferndale storm sewer improvements that was presented at the May 23 1988 council meeting, gave a construction cost estimate of $26,660° The low bid cost of $28,420"90 is above the feasibility report estimate due to increased scope of restoration work necessary to obtain easements. The bid was lower than the revised engineer's estimate of $31,470" RECOMMENDATION It is recommended that the city enter into a contract with Meyer Contracting, Inc. as stated in the attached resolution. Assessments for this project are most appropriately made after the construction phase. jc Attachments TKDA T.OLTZ. KING. DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS August 15, 1988 Mr. Bruce Irish, Assistant City Engineer City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Re: Ferndale Street Drainage Improvements, City Project 87 -20 Maplewood, Minnesota Commission No. 9301 Dear Mr. Irish: 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 65101 -1893 612/2924400 FAX 612/292 -0083 The bid opening for the referenced project was held at 9:30 a.m., Friday, August 12, 1988. The following Is a listing of bids received: •, . Widmer, Inc. $ 26,351.00 Meyer Contracting, Inc. $ 28,420.90 Lessard -Nyren Utilities $ 29,405.00 T d S Excavating $ 32,750.00 B 8 D Underground $ 33,650.00 Danner, Inc. $ 37,380.00 Albrecht Excavating $ 39,830.00 Jim Stevens Construction $ 41,673.50 Ro-So Contracting $ 42,390.00 Volk Sewer and Water $ 46,100.00 Engineer's Estimate $ 31,47 0.00 The apparent low bidder, Widmer, Inc., furnished an incomplete bid proposal and therefore, Widmer's bid should be rejected. Page 6 of the bid proposal requires that "AlI Addenda shall become a part of the bid and shall be submitted with the bid ". Although Widmer received Addendum No. 3, which was a change in the proposal, they failed to submit Addendum No. 3 with their bid. It Is recommended that the contract be awarded to Meyer Contracting, Inc., as the lowest complete bid, in the amount of $28,420.90. A copy of the tabulation of bids in enclosed. Sincerely yours, Larry D. Boh rer, P.E. 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W KK p� LL ¢ O V N W 0 p Z �Z� Z C�u W C�LL V F- Ww 25 wN LLJ Zq J 2 N 0 ZN 01 CJ 6]N ¢K� Y Z K NOR M N f� �"C� J Z N p 0 1- y Z Z WOZUZWm WQ O N R ¢ a8a ¢ 5�8EK� U N N N W¢ n U U1N�� a Z C) Q == i E U - N O J0 t-� pOO 1 zfEZZ� zJW ao� f z '. a ° o Rw -�N Z N y ' 1• 1 � Z 1 1 N OO Z O W O W Z pZ Z O (0 Z Z 00 ¢pN 0 W VI In � N y J X18 RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Meyer Conti-acting, Inc" in the amount of $28,420.90 is the lowest responsible bid for the construction of Ferndale Street Storm Sewer, City Project 87-20, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. MEMORANDUM TO: City Manager FROM: Thomas Ekstrand, Associate Planner SUBJECT: Appeal of Design Review Hoard Condition LOCATION: 2168 White Hear Avenue APPLICANT: Sam McGee OWNER: Fina Oil and Chemical Company PROJECT: Finamart DATE: .June 22, 1988 SUMMARY I ntroduction Action by Council: Endorsed Modified__ Rejected._.,,_,._, , Date The applicant is appealing the design review board's requirement that the westerly curb cut on County Road H be closed. (Refer to the applicant's letter on page 3.) Ba ckground On May 24, 1988, the board conditionally approved plans for the new Finamart fuel station /convenience store. Condition number ten required that "the existing westerly drive on County Road B shall be omitted. The proposed easterly driveway along County Road B shall be relocated to the west to line up with the Hostess Thrift Store's driveway." Refer to the map on page 5. Discussion (driveway access) For traffic safety, staff would prefer to have the two curb cuts nearest the intersection closed. This would be a recommendation for approval if the entire site was to be redeveloped. Since the pump islands are to remain in their present location, however, staff does not feel the applicant should be required to close both access points. In an attempt, though, to lessen traffic congestion at the intersection, the westerly curb cut on County Road B should be eliminated. The proposed easterly curb cut, furthermore, should be relocated to the west to line up with the entrance to the Hostess Thrift Store on the South side of County Road B. As proposed, this easterly driveway aims directly at the dwelling at 1800 County Road B which would cause a headlight glare problem. Recommendati Take no action. Staff finds no reason to revise the board's decision, based on the reasons given in the staff report. kd A ttac h ment s 1. Location Map . Property Line /Zoning Map 3. Site Plan 4. Applicant's Letter Elated June 1, 1988 5. Review Board Motion Elated May 24, 1988 2 LOCATION MAP 3 Attachment 1 0 N r. Iii F " 21M Hostess Thrift �' ■ ■ LARK � r 1 :■ � �2�) 020 �I Oi0 �s�) ■ \00 LAURIE • 'It s — 1800 Fulk Manufacturing ` I� 114 r ac + Ha // \ i /p ra/jC 9 - ri vG 1 ( .1 S l c 1 i O PROPERTY LINE / ZONING MAP 4 Attachment 2 1 aJ '_ I�• • • 1. SANDHURST Z .1 afo L Q 3r I !O 1[ ROAD - 4 ui a x {L M W i■ 0 I NOo 1 Proposed Driveway Relocation COUNTY RD. 'B' 6 M> H040 n t& p0.4,WS 9. 0 10VJrI MIJf JJLIP JJN IfL¢ y (µ1. • I J AR WASH fpD 1 �O ®® aJM14.f a6fANaFN +JMw G h I pf+JC4 a J.us ,IJl�lrtf- �KD 50 x 50 I CONVENIENCES ORE lot WAI ML M • 4 C { lyd* N.a nJGe f�Jt'i 9 a.� Pzl.lw OF Ja.�G,c JJNiI'E.L �IL)fefa.l. O. p4"'/ oN/ lbeW M,60 PIJL 4 G.+�(!'l)�'!"� niL.o nNE aCOJH GaH✓ GIJ tots, Irl Gf .h.�Jt 6<�D hev ' SfA1H SITE PLAN 5 Attachment 3 e� FINA 9 June 1, 1988 Mr. Tom Ekstrand City of Maplewood MN. 1830 County Road Maplewood, MN. 55109 Dear Mr. Ekstrand: Fina would like to request an appeal of the 5/24/88 by the Community Design Review Board. to further discuss item #10 on the list concerning the west access on county road. We to maintain this access for maximum circulati the city council to review this request. Fina with all other listed requirements as passed Design Review Board. Fine Oil and Chemical Company P.O. Box 2159 Dallas, Texas 75221 (214) 750 -2400 decision -made on Fina would like of requirements, feel a great need on and would like intends to comply by the Community Please inform me of the earliest date available for city council agenda. Sincerely, Sam G. McGee Architect SGM:gh 6 Attachment 4 Community Design Review Board -4- Minutes 5 -24 -88 20. The exterior building colors shall be submitted to staff for approval and shall be earth tones to avoid bright or contrasting colors. Board Member Erickson seconded Ayes - -all VI. DESIGN REVIEW A. Plan Review - Finamart 2168 White Bear Avenue Sam McGee was present at the meeting representing the applicant. Mr. McGee said he was not in agreement with Item 10 of the staff recommendation regarding omitting one driveway on County Road B and relocating another driveway. Board Member Deans moved approval of plans date- stamped May 10 1988, for new Finamart facility at 2168 White Bear Avenue, subject to: 1. Approval of plans by the Community Design Review Board does not constitute approval of a building permit. 2. All trash dumpsters shall be stored in screening enclosures with a 100% opaque wooden gate and shall be a color and material compatible with the building. Enclosures shall be protected by concrete - filled steel posts, or the equivalent, anchored in the ground at the front corners of the structure. If the enclosure is masonry, the protective posts may be omitted. 3. The roof -top equipment shall be decoratively screened and hidden from view as proposed. 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. Parking lots shall be kept in a continual state of repair. 6. If construction has not begun within two years of approval, board review shall be repeated. 7. Site lighting shall be directed or shielded so not to cause any undue glare onto adjacent properties or roadways. W Attachment 5 4 8. The fascia on the southeasterly side of the building shall not be illuminated if a glare problem results for the residents south of County Road B. 9. The fascia material on both buildings shall be applied to all sides of the structures. 10. The existing westerly drive on County Road B shall be omitted. The proposed easterly driveway along County Road B shall be relocated to the west to line up with the Hostess Thrift Store's driveway. 11. The applicant shall obtain permits from Ramsey County for the new curb cut on County Road B and for closing the existing access. 12. Screening shall be provided to block headlight glare north of the seven parking spaces and north of the entrance into the car wash as shown in the staff report. The screening shall be subject to staff approval. 13. An address shall be clearly posted on the building, subject to the approval of the fire marshal. 14. Any wort: performed involving the fuel tangs shall comply with local and state laws and be subject to the fire marshal's approval. 15. If any adjacent property is disturbed or property irons removed due to construction of the site, that property shall be restored and irons replaced by the applicant. 16. Grading, drainage and utility plans shall be subject to the city engineer's approval. 17. All required landscape areas shall be continually and properly maintained. 18. All required plant materials that die shall be replaced by the owners within one year. 19. Reflectorized stop signs and handicap parking signs shall be provided. 20. All'public boulevard that is disturbed due to this construction shall be restored and resodded. 21. The applicant shall provide a monetary guarantee, in a form acceptable to staff, in the amount of 150% of the estimated cost of any site improvements that are not completed by occupancy. 22. Signage is not part of this approval. Board Member Kochsiek seconded Ayes - -all 93 ' ^ � AGENDA ITEM �7'^, )- MEMORANDUM TO: City Manager FROM: Assistant City Engineer SUBJECT: McKnight Road Phase 2, Larpenteur to S.T.H. Project 87-04 DATE: August 3, 1988 Action by Council:, Eodorood_.-~.~.~~~� Qodif1od~~-_-�°�~ Rejected ---- �°~~� Dot The feasibility report for the subject improvement was furnished at the July 11, 1988 meeting, at which the public hearing was scheduled. A copy of the mailing list for the public hearing is enclosed. Attached is a resolution that orders the proposed improvements in accordance with the cooperative agreement prepared by Ramsey County. ^| jw Attachments ^ � ' RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, after due notice of public hearing on the construction of roadway and utilities on McKnight Road, Larpenteur Avenue to S.T.H. 36, City Project 87-04, ahearing on said improvement in accordance with the notice duly "iven was duly held on August B, 1988, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct roadway and utilities on McKnight Road, Larpenteur Avenue to S.T.H. 3p, City Project 87-04, as described in the notice of hearing thereof, and orders the same to be made" 2. The execution of Cooperative Agreement Number 68005 with Ramsey County is hereby approved and authorized, ` AGENDA # 17 Action by Counoil: ACS IEUNM Endorse Modifie ReJeote __ Date- TO: City Manager �//J] /��� FROM: Finance Director Io RE: 1989 Budget Meetings DATE: August 16, 1988 The timetable for the 1989 Budget provides that the proposed budget will be formally presented to the Council at its first September Council meeting on the 12th. It is recoimnended that the council schedule special meetings during September to review the proposed budget. Also, it is recmmiended that a public hearing be scheduled for Monday, October 3rd at 7:00 p.m. in the Council chambers. DFF:lnb { � MEMORANDUM Action by Cvnooll: Eudorood__ TO: City Manager io FROM: Director of Community Development Rojootod� SUBJECT: Code Amendment - Setbacks to Residential Zon"t APPLICANT: Norman Brody ------- DATE: August 1, 1988 The applicant is requesting that two subsections of city code be amended: 1" Subsection 36-^153 (3) requires an increased setback from residentially-zoned land. 2" Subsection 36-27 (a) requires a 20-foot wide landscaped area adjacent to residentially-zoned land" The applicant is requesting that these residentially-zoned land is being used Specifically, the applicant's site has east and north. A railroad is on the plant is on the north" (Refer to the subsections be waived where the for a nonresidential use" residentially-zoned land on the east and the St"Paul water works applicant's letter on page 3") ground 4^^26^88: The community design review board approved the Crown Plaza Shopping Center, at Rice Street and Larpenteur Avenue, subject to a variance or code amendment for the setbacks on the north and east. Discussion The proposed amendment would not effect the intent of the ordinance, which is to protect property that is used or planned for residential. Each of the commercial, manufacturing and multiple-dwelling residential districts has been amended in the attached ordinance" In addition to the changes requested by the applicant, the following changes have been made to the ordinance: 1" The 20-foot-wide landscaped yard on nonresidential land would only apply where it abuts residentially-zoned land rather than being within 200 feet" 2. The previous amendment, approved on May 23, allowing building additions to encroach into setbacks by conditional use permit has been added to the R~^3 (multiple-dwelling), NC (neighborhood commercial) and LBC (limited business commercial) districts. Apparently, these districts were overlooked in the previous amendment" Adopt the attached ordinance" mb Attachments: 1" Letter and maps 2. Ordinance FA 1.1 ��NuJ . �T; A BRODY ASSOCIATES R E STATE DEVELOPMENT DESIGN BUILD FINANCE MANAGEMENT LEASING 2233 NORTH HAMLINE AVENUE, SUITE 220 ST. PAUL, MINNESOTA 55113 June 1, 1988 Mr. Tom Ekstrand City of Maplewood 1830 E. County Road B Maplewood, MN 55109 RE: Crown Plaza Shopping Center Request for Code Amendments Dear Tom: TELEPHONE 8121838 This letter is intended to serve as our formal application for amendments to the Maplewood City Code Section 36 -153 (3), Setback from Property Zoned Residential and Section 36 -27 (a), Landscaping and Screenin . The specific reasons for each Code amendment are listed below. We are requesting the Code be amended to take into account the particular circumstances of this situation, and that the proposed plans, dated March 7, 1988, be approved in this regard, A. Section 36 -153 (3) Setback from Property Zoned Residential Code requires that a structure in a business commercial district have a minimum side and rear yard setback of fifty (50) feet from adjacent residentially zoned property. Presumably, the intent of this requirement is to protect the integrity of nearby residential areas for both aesthetic and safety concerns. In this instance, the proposed plans (dated March 7, 1988) provide that a portion of the northeast corner of the main retail building, and the north building in the auto mart be located slightly less than 50 feet away from the adjacent residentially zoned property to the east and north. However, the property to the east, although. zoned residential, is actually a railroad line owned by the Minneapolis and St. Paul Railway Co. The property to the north is owned by the City of St. Paul for a water works facility. Under these circumstances, the fact that a building is located slightly closer than 50 feet to the property will not compromise the aesthetics or safety concerns of any residential area. In fact, due to the existence of the railroad and the water works, the closest actual residence is much more than 50 feet from the proposed building. 9 Attachment T. � Mr. Tom Page 2 June 1, Ekstrand WT.U. Due to the circumstances outlined above, we hereby respectfully request that the Code be amended to provide that building setbacks of less than 50 feet be allowed where adjacent residentially zoned property is not actually being used for residential purposes. Specifically, we request that the proposed plans, with the building setbacks as shown, be approved. B. Section 36 -27 (a) Landscaping and Screening Code requires that a landscaped area of not less than 20 feet in width shall be provided where a non - residential use would be within 200 feet of a residentially zoned property. The presumable intent of this Section of the Code is also related to aesthetic and safety concerns. In this particular instance, the proposed plans provide for parking lot setbacks of less than 20 feet in areas along the east and north lot lines. The same arguments for a Code amendment made in paragraph A, above, would apply to this situation. The land to the east, while zoned residential, is actually railroad property and contains no residences. Similarly, the land to the north, while zoned residential, is actually owned and used by the City of St. Paul for a water works, and contains no housing whatsoever. It is note likely that the property to the east or north will be used for residential purposes in the foreseeable future. Based on these circumstances, we respectfully request that the Code be amended to require less than a 20 -foot landscape and screening requirement in cases such as this, and that the plans be approved as proposed. In addition, we also respectfully request that in conjunction with the code amendment, that the need to make a separate application for a conditional use permit be waived. Thank you for your consideration of this matter. Si *cerely, By IATES, INC For Crown Plaza Partners NMB:kw cc: Iry Margolis 25 W J W O LITTLE CANADA LOCATION MAP 5 13 I+ IV - -ST FA V L. W IZ3016S Western State Bank lz 1� I. :;F Laber Liquor t.7 Sparks Tune Up Vide Ren al Bose Donuts I C E 11 4 17( T , .il' 99 17 21 Tk iff -.. - .s7'jz,-A4 1 , r 1 T r- A 10 MIER0102 - PROPERTY LINE / ZONING MAP - 6 L 14 4TA > U -S 25 mm , W, boftrct of %k(bter C 11 J 100.!0' i • 40 r yea . 4- 3 a-l-li r 91 m W. Af4 11 4 17( T , .il' 99 17 21 Tk iff -.. - .s7'jz,-A4 1 , r 1 T r- A 10 MIER0102 - PROPERTY LINE / ZONING MAP - 6 L 4TA > U 25 mm , W, Lo' 11 J i oa �� y �! yea . � _• m W. 11 4 17( T , .il' 99 17 21 Tk iff -.. - .s7'jz,-A4 1 , r 1 T r- A 10 MIER0102 - PROPERTY LINE / ZONING MAP - 6 L 4TA > U 25 A Lo' 11 J F 11 r N H AZ O M7 ab V% a 1 1 �a 1 la H AZ O M7 ab V% mI m 8I PRICE STREET l71 tl - -- a I 1 1 la I �Wtn to N •��� r y � � L —'1mz O b 00, bON� „ Z T A :1ZI 46 >. A p•y l � � y tR�R� _1W R 6 N �I N N W TmT � �nl • I Itl 00 N N „„ v o N O ROD OD D D D a E 1 W �co W 1 0 e. W 1 1 N 1 W a �r 1 mI m 8I PRICE STREET l71 tl - -- a I 1 1 la I -� E & V 0 10 0 o� ou -- �Z LARPENTUER AVENUE O WN --r— c 0 A O O ORDINANCE NO. AN ORDINANCE AMENDING THE REQUIREMENTS FOR SETBACKS TO RESIDENTIALLY -ZONED LAND THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS (Additions are underlined and deletions are crossed out) : Section 1. Subsection 36 -27 (a) under landscaping and screening, is amended as follows: (a) A landscaped area of not less than twenty (20) feet in width shall be provided where: (1 ) A nonresidential use abuts l rl has jaithin ;.Io h1ind .ari ('2001 feat ^-F a residentially -zoned property. (2) A multiple dwelling abuts property zoned for single or double dwellings. n use.,. Section 2. Subsection 36 -119 (g), under the R- 3,multiple district, is amended as follows: (g) Setbacks increased. (1). The minimum front, side and rear yard multiple dwelling shall be increased, seventy -five ('75) feet, by the most r following requirements, where the lot residence, residential estate, single dwelling zoning district: setbacks for an R -3A not to exceed =strictive of the abuts a farm dwelling, or double-- 444 a. Building height: 'The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. -('- b. Exterior wall area: Where an exterior wall faces residentially -zoned property, the setback of the wall shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. (2) A buildin addition which would encroach into - A reaiir setbacks_ and screen in _a manner acceptable to the community design review b oard . A t least 807 of th e addition shall 6e screened from a butting res idential pro eP rty .; 8 Attachment 2 (3) Section 3. Subsection 36 -130 (d), under the NC, neighborhood commercial district, is amended as follows: (d) Building setbacks. (1) The minimum building setback from a right -of -way shall be thirty (30) feet and twenty (20) feet from side and rear property lines. (2) Where a setback is from residentially -zoned property, the minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: a. Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. b. Exterior wall area: Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. (3) A build a ddition which would encroach into a required setba m_ay be ap_pro_v_r_d by c use per mit - , , if such encroach would be consistent with surround in L_pr setbacks and screened in a manner acceptable to the c:ommunitY._desi,.�n review boar At least £30% of the addition shall be screened from abutting resi dential (4) The requi rements of this subsection s hall not applx_.where Section 4. Section 36 -140 (f) (1), under the CO, commercial office district, is amended as follows: (1) Adjacent to residentially -zoned property: a.. A building shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet subject to the most restrictive of the following requirements: 01 I. Building height. The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25 feet in height. 4-i-. 2. Exterior wall area: Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (:L,00i >>) square feet, or part thereof, in excess of two thousand (2,000) square feet. b_. A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board. At least 80% of the addition shall be screened from abutting residential property. c.,_ The requir ements of t his s ubsection shall not wher th e residential oned�progertis being., used or i s designated on the city's land u ol an for a nonresidential use Section 5. ,Subsection 36 -153 (3), under the BC, business commercial district, is amended as follows: (3) Setback from property zoned residential: a.,._ The building shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: (a) (1) Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. 4)) (2) Exterior wall area: Where an exterior wall faces a -� residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. b A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board. At least 807 of the addition shall be screened from abutting residential property. 10 c . Section 6° Subsection 36-154 (b) under the LBC limited business commercial district, is amended as follows: (h) Setback from property zoned residential. |1> The building shall have minimum side and rear yard setbacks of twenty (20) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy-five (75) feet, subject to the most restrictive of the following requirements: (-H q. Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty-five (25) feet in height" 4-4 b" Exterior wall area: Where an exterior wall faces a residentially-zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. (2) A building addition which would encroach into a reQUired encroachment would be consistent with -urroundjD_9__p,r oerty �he residential J_y:-KRne�q_p is used or is nonresidential use. Section 7" Section 36~155 M, under the BC (M), business commercial (Modified) district, is amended as follows: (f) Setback from property zoned residential: (] The building shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet" These minimum required setbacks shall be increased not to exceed seventy-five <75> feet, subject to the most restrictive of the following requirements: 11 nonresidential use. - 41-)•- a. Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. 4-24 b._ Exterior wall area: Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2 square feet. (2) A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board. At least E30% of the addition shall be screened from abutting residential property. (3) des on the nonresid use,. Section S. Section 36 -172 (6) (c), under the SC, shopping center district, is amended as follows: (c) Where adjacent to a property zoned residential, buildings shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: i. Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. 2. Exterior wall area: Where an exterior wall faces a residentially -zoned property, the wall setbacks shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. _(d) A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board. At least 80% of the addition shall be screened from abutting residential property. (e) 12 Section 9. Section 36 -189 (M -1, light manufacturing district) is amended as follows: Section 36 -189. Setbacks adjacent to residentially -zoned property. ,(a) The minimum side and rear yard setbacks shall be fifty (50) feet and the minimum front yard setback shall be thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: (1) Building height. The building setbacks shalt be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. (2) Exterior wall area. Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. (b) A building addition which would encroach into a required setback may be .approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board. At least 80% of the addition shall be screened from abutting residential property. (c) the c ity's land u se f lan for a nonreside use Section 10. Section 36 -204 (M -2, heavy manufacturing district) is amended as follows: Section 36 -204. Setbacks adjacent to residentially -zoned property. (.a) The minimum side and rear yard setbacks shall be fifty (50) feet and the minimum front yard setback shall be thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: (1) Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. (2) Exterior wall area: Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) 13 square feet, or part thereof, in excess of two thousand (2 square feet, Ob> A building addition which would encroach into a required setback may be approved by conditional use permit, it such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board. At least 80% of the addition shall be screened from abutting residential property" (c) The reauirements of this Subsection shall not apply where the the city's land use plan +or a nonresidential use. Section 11. This ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council this day of v 1988" Attest: Mayor City Clerk Ayes-- Nayg~~^ 14 1-3 In SUMMARY At the request of Mr. Ray Kruse (lot width variance applicant) and the planning commission on June 20, 1986, staff has prepared a code amendment that would allow selected, substandard width, lots -of- record to be used as single - dwelling home sites. (Refer to the ordinance on page 4.) Background 1. Mr. Kruse requested a variance (separate report) for a lot width variance to use a 66- foot -wide lot -of- record at 1281 Kohlman Avenue as a home site. Since this lot does not meet the findings for a variance, a code amendment was requested. 2. Seventeen of 26 cities surveyed allow substandard width lots -of- record to be built on without a variance. (Refer to the survey on page 5. The results vary greatly. The most lenient cities, such as North St. Paul, allow building on all substandard lots of record. The most restrictive cities, such as Maplewood, do not allow building on these lots. Many cities fall in between, allowing building only on substandard lots within a specified percentage of the minimum requir width for new lots. 3. On April 11, 1988, council approved a similar code amendment to allow substandard -width double- dwelling lots -of- record to be built on. The conditions of approval are that they must be at least 75 feet wide and must have been zoned for double - dwelling use prior to council amending the code in 1985 to require all double- dwelling lots to be at least 85 feet wide. Discussio The purpose of this ordinance is to allow building on existing interior lots with substandard widths that would not affect the values of other homes in the neighborhood. A conditional use permit would be required so that the city council could review each application on a case -by -case basis, after a public hearing. Two of the findings for a conditional use permit are that: 1. "The use shall not depreciate property values." Action by Council: MEMORANDUM Endorsed,,,,_,._ Modified_ Re,l ected,� Date,,--- .,„"'_`" TO : City Manager FROM: Randall Johnson, Associate Planner SUBJECT: Code Amendment - Single - Dwelling Lot Width APPLICANTS: Ray Kruse and Planning Commission DATE: July 27, 1968 In SUMMARY At the request of Mr. Ray Kruse (lot width variance applicant) and the planning commission on June 20, 1986, staff has prepared a code amendment that would allow selected, substandard width, lots -of- record to be used as single - dwelling home sites. (Refer to the ordinance on page 4.) Background 1. Mr. Kruse requested a variance (separate report) for a lot width variance to use a 66- foot -wide lot -of- record at 1281 Kohlman Avenue as a home site. Since this lot does not meet the findings for a variance, a code amendment was requested. 2. Seventeen of 26 cities surveyed allow substandard width lots -of- record to be built on without a variance. (Refer to the survey on page 5. The results vary greatly. The most lenient cities, such as North St. Paul, allow building on all substandard lots of record. The most restrictive cities, such as Maplewood, do not allow building on these lots. Many cities fall in between, allowing building only on substandard lots within a specified percentage of the minimum requir width for new lots. 3. On April 11, 1988, council approved a similar code amendment to allow substandard -width double- dwelling lots -of- record to be built on. The conditions of approval are that they must be at least 75 feet wide and must have been zoned for double - dwelling use prior to council amending the code in 1985 to require all double- dwelling lots to be at least 85 feet wide. Discussio The purpose of this ordinance is to allow building on existing interior lots with substandard widths that would not affect the values of other homes in the neighborhood. A conditional use permit would be required so that the city council could review each application on a case -by -case basis, after a public hearing. Two of the findings for a conditional use permit are that: 1. "The use shall not depreciate property values." 2. "The use shall be located, designed, maintained and operated'to be compatible with the character of that zoning district." The ordinance proposes two other safe - guards to protect existing homes: 1. Lots must be at least 60 feet wide. 2. There must be at least two other similar width developed lots within 351 feet. Allowing the development of these lots would also promote a more efficient use of land. The number of variances approved from a section of code is often a good indication of the need for a code amendment. 43 of the 53 lot -width variances considered by the city have been approved. Only one of the 43 approvals was for a lot with less than 60 feet of width. Staff estimates that there are 21 interior lots with substandard width that could apply for approval to build. Only seven of these would meet the basic requirements of this proposed ordinance. (Refer to the maps starting on page 6.) Reco mmendation Adopt the attached ordinance. E REFERENCE Past Actions According to the files in the,Office of Community Development, 53 lot - width variances have been acted on. Forty -three of these requests, or 81%, have been approved. A summary of these requests is as follows: Approved: Interior Lots (Feet of Width) Number 50 1 60 to 74 20 21 Corner Lots (Feet of Width) Number 70 to 99 22 Denied : Interior Lots (Feet of Width) Number 40 to 59 4 60 to 74 4 8 C orner Lots (Feet of Wid Number 43 and 76 2 kd Atta 1. Proposed ordinance 2. Survey of communities 3 -6. Maps of substandard parcels that could be recommended for approval under this code. 3 ORDINANCE NO. AN ORDINANCE REGULATING MINIMUM LOT WIDTH FOR SINGLE - DWELLING LOTS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS (language crossed out is to be deleted and language underlined is to be added): Section 1. Sec. 36 -69. Lot Dimensions. Everq -bcrr} diTn3-ds sr9rred -arrd erected itr- arr{t- t ftesiderrce {+rstrirt - for �# �a- bot�si •Rg- c�F- orae- f�nrr�y��ese#�e�- Sri -t#� i- ts- zxf e!° y- �x + #fd -i�ss� Sic? ��- �3e- �OEZ ?�ef�- OR- s��N- i�i��Rg-St�Ei -O'f -REt�- X25 rs- �*le �EfF-�♦•ifrt4SaHfE- - Z- 11 }THFJiI)-- St�f�i1°e -� 22�- i- R- e11" E+ as-- �iE- iRYffiYflltHR YHti��T Of �h� }B� S�i2t}•� Rat -be 1- esq-- t-ka+r -seve+vty -wive -�- feet -a -t# bail c#4Rfr set}�iclt 4ine�-- aVe- asristir -fot - eFterN - bc��abd3y+ieFecF -arra eae -rtrl F- t+re- res�tftitn3 ��rts- et+mpfY -in- sire- rrrEh- fhe-P+ ov #sivns- trerec F: provided that 1. The findings required by code for a conditional use permit c an be met . 2. There are at least two developed lots -of- record with the sam or less width than proposed, within 350 feet of the site on the same street. Larger minimum sidevard setbacks may be required to balanc the separation between adjacent structures. Section 2. Sec. 36 -6. Definitions. Lot of Record: Any legal parcel of land which is or can be ta b y, Ramsey County as a separate parcel, without the need for lot division approval by the city. ;section 3. This ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council on , 1988. Attest: City Clerk Ayes-- Nays-- Mayor Attachment 1 W 7 5 N } F- Z Q U Z 3uaw4De4 }y N Y Y Y L N • Y O W L C _ C ^ Y T CY •� Y O L 1 y � Y G B C Y Y O O W M d N N O O M a O q w L o e 3 tl C Y C C b O S 3 U S K N Ql P v C � Y O b V d V w `r p d V L q L q J O � N ° n o a i a � L o ui q a o q io w d a q H r! d o � o d O H E M Y o V E a d d V d Y N w c o 0 0 0 b u u o 0 0 d Z b a b n b n n n n b w T G 9 d L UY 'o q d a£ V ✓ d d C � O L ^ r Q F y L 2 O w L 6' L r L l d x x x x Y o uc P Y L w Y d NI N N N N N N N N N N N N N M N iO � Y Y ► T f p 2 ► 2 2 > t p 2 ► p 2 2 2 N Y 2 2 p N T f > T Y C U 6 C O N Y Y Y L P Y > 9 9 0 IM L 9 d T O p > Y O C Y' 9 P O J U Y S 9 O >• n Y 9 Y •� T � u {:J P G M N Y r � N � M (G L _Y Y ^I O • i• L � M T L U P a Y q G f 1 J N t G a i a N 8 UI 6 /C m m •J V W V. 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FROM: Assistant City Engineer Mudifiod-~-__.� SUBJECT: McKnight Road Phase III Project 87~0'�/� ' ° Rejected- No Parking Restrictions Dat, DATE: August 17, 1988 To obtain funding for the construction of McKnight Road from Conway Avenue to Beaver Lake as proposed, it is necessary that no parking restrictions be adopted by the city council. The attached resolutions give required|segments of no parkin9. It is recommended that the city council pass these resolutions" jc ^` Attachments RESOLUTION REQUESTING RAMSEY COUNTY TO RESTRICT PARKING ALONG A PORTION OF McKNIGHT ROAD WHEREAS, the county has planned the improvement of McKnight Road (CSAH 68) from Conway Avenue to 1200 feet north of Stillwater Road; and WHEREAS, the county will be expending county state aid highway funds (SAP 62-668-26) on the improvement of said street; and I WHEREAS, said improvement does not conform to the approved minimum standards as previously adopted for such county state aid streets and that approval of the proposed construction as a county state aid street project must, therefore, be conditioned on certain parking restrictions; and ^| WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a county state aid project in the city, has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the city requests the county to restrict the parking of motor vehicles on the east side of McKnight Road from Conway Avenue to Minnehaha Avenue. RESOLUTION REQUESTING RAMSEY COUNTY TO RESTRICT PARKING ALONG A PORTION OF McKNIGHT ROAD WHEREAS, the county has planned the improvement of McKnight Road (CSAH 68) from Conway Avenue to 1200 feet north of Stillwater Road; and WHEREAS, the county will be expending county state aid highway funds (SAP 62-668-26) on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum standards as previously adopted for such county state aid streets and that approval of the proposed construction as a county state aid street project must, therefore, be conditioned on certain parking restrictions; Ad WHEREAS, the extent of these restrictions, that would be a necessary prerequisite to the approval of this construction as a county state aid project in the city, has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the city requests the county to restrict the parking of motor vehicles on both sides of McKnight Road from Stillwater Road to 1500 feet south of Maryland Avenue. J AGENDA ITEM MEMORANDUM TO: City Manager FROM: Assistant City SUBJECT: McKnight Road MSA Off System Engineer Phase 3, Project 87-05--Authorize Transfer DATE: August 16, 1988 INTRODUCTION Action by Council: Endorsed .�-~~_.�- Modified ^�^_.�_~ 8ojootod-.~,~-~.� Date The proposed reconstruction of the 1200 feet of Stillwater Avenue (State Trunk Highway 5) as part of the McKnight Road Phase 3 project involves significantly lowering the elevation of the rPa& This will necessitate removil and replacement of the existing water main. The attached resolution authorizes a transfer of the city's Municipal State Aid funds to finance the reconstruction of the water main at a lower depth as part of Project 87-05° BACKGROUND Under the conditions of a utility permit fc MnDOT right of way, the costs necessary to to facilitate roadway reconstruction are tc of the utility" Tentative approval has bee district engineer for transfer of Municipal cover this cost. RECOMMENDATION r location within a reconstruct a utility be borne by the owner n given by the MSA State Aid funds to It is recommended that the council adopt the attached resolution" jw Attachment RESOLUTION AUTHORIZING TRANSFER OF MUNICIPAL STATE AID FUNDS FOR OFF SYSTEM EXPENDITURE WHEREAS, it has been deemed necessary for the City of Maplewood to fund required utility reconstruction on State Trunk Highway 5 from McKnight Road to approximately 1200 feet east within the limits of said municipality, and WHEREAS, said construction project has been identified by the commissioner of transportation as MSA Project Number 138~010- 03. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that we hereby authorize appropriation of $30,000.00 from our municipal state aid funds to apply toward the construction of said project and rfquest the commissioner of transportation to approve this aufh .rization. 11 � T��' AGENDA ITEM _��_��_ MEMORANDUM TO: City Manager FROM: City Engineer SUBJECT: Four-Way Stop Sign, Maryland--Ferndale DATE: August 17, 1988 Action by Counoll.1 Endorsed ------- �, Mudifla8 ------- .° R*jeutm8_~.~-°°.� Date The attached petition requests a four-way stop intersection at Maryland and Ferndale. More than 30 residents support the petition. The city council has in the past approved a number of similar sign installations based on neighborhood requests" Representatives from the neighborhood will be present at the council meeting to discuss the iNue" jw Attachment ' � � PETITION We the undersigned do hereby petition the City Council of Pdaplewood, for the purpose of granting a change of the current two (2) way stop.intersection at Ferndale & Daryland Ave's to a four (4) way stop intersection. Our reasons are as follows; 1. Traffic speed on Maryland Ave. would be reduced to the legal limit of 30 MPH. When Maryland Ave. became a through fare .street many vehicles use it as a fast short cut to Century or McKnight Avenues during rush hours. Due to the structure of the street being a long straight stgiptch with hills, vehicles tend to exceed the speed limit very often. The additional stop signs would discourage this temtation. 2. Residential access from driveways on Maryland Ave. would be less challenging and safer. Visibility is limited due to hills making fast', oncoming cars near impossible to see. 3. Beaver lake Elementary School children living in .this area are required by the district to walk to Beaver lake School. Children walking,east of Century Ave, on Maryland Ave. are walking along the curb due to no room on the easement up or down a hill. Visibility and speeds of vehicles play a big factor of safety. Winter conditions increase the hazards our children must endure. tie feel.the stop signs would slow traffic to a safer level. With the reason of our childrens safety, we would like 'to see this matter enforced by the September 6, 1988 school year starting date. Correspondence to this matter can be directed to, Karen Rasmussen 2713 P.•?aryland Ave. E. Maplewood, Mn, 55119 77o -6428 NAMIC ADDRI SS �V1�P divVLrw� � 209 E, M1� �YL}g 7.� D 1 1 -7 o-t C, IMav�(awcl n -2 L/ Pnorm IVU6IDRR - 7- 3 2- os /o -2 7 t � 735 -3.S Z 6 3 6 /n a r /P it sl , 4 S �er'4� 2 ( o 2 S on C1 C 1 ' N �/ �770 —SS G Q 2 /� C� � I7o -°7b3 017 l5 � U 7 7 J .. 7,S 3 1 - L AT(o` a-- 35-- 3�Y �7o -vI4( 770.- ya 8' Action by Council; Eudornod°°�~~-.�� Modified ------ �° Rejected ---- °~°�� /! Date . AGENDA ITEM AGENDA REPORT TO: City Manager FROM: Assistant City Engineer SUBJECT: Joint-Use Sanitary Sewer Maintenance Agreement With the City of St" Paul DATE: August 17 1988 INTRODUCTION / A proposed joint-use sanitary sewer maintenance agreement was presented to the city council for^approval on January 25, 1988. A copy of the staff report given at that time is included herein" The proposed agreement was approved by the council. Subsequently, the proposed agreement was altered with respect to the hold-harmless clauses by City of St. Paul staff prior to ratification by the City of St" Paul. The revised agreement is herein presented to the city council for endorsement. The revised agreement is marked Reference A and is executed by the City of St. Paul" BACKGROUND The city attorney has reviewed the revised agreement and through correspondence with the St. Paul city attorney's office has clarified the issues involving the altered hold-harmless provi The city attorney has advised that the revised agreement protects the interests of the City of Maplewood. RECOMMENDATION It is recommended that the council authorize execution of the revised joint-use sanitary sewer maintenance agreement" jc Attachment Agenda No.� Action by Council:, AGENDA REPORT _ TO:. City Manager Endorse 'Modifle FROM: Assistant _City Engineer d---.._.._ SUBJECT: Joint -Use Sanitary Sewer Agreement Rejecte d_._,_,__ DATE: January 19, 1988 Date_--. I INTRODUCTION The attached agreement concerns sharing of the maintenance costs of sanitary sewers located within the City of St. Paul that convey sewage from the terminus of Maplewood Projects 86 -22 and 87 -08 to discharge points of the Metropolitan Waste Control Commission interceptor sanitary sewer system. The agreement was initially drafted by the Maplewood engineering department and subsequently modified as a result of several discussions with the staff of Saint Paul Department of Public Works. There is concurrence that the agreement equitably represents the interests of both Maplewood and Saint Paul. BACKGROUND Approval of the requisite Minnesota Pollution Control Agency permits for City Projects 86 -22 and 87 -08 was withheld pending an agreement for maintenance cost sharing with Saint Paul for the existing downstream sewers. Furthermore, the Metropolitan Waste Control Commission has indicated that a maintenance cost - sharing agreement for these new connections to the Saint Paul sanitary sewer system is a prerequisite for approval of Maplewood's Comprehensive Sewer Plan, which still has not received final approval. ALTERNATIVES 1. Do nothing; i.e., refuse to enter into any maintenance cost - sharing agreement for these sewer systems. 2. Delay execution of the agreement until the possible status of these sewers as interceptor sanitary sewers can be renegotiated with the Metropolitan Waste Control Commission. 3. Reject the agreement and direct staff to renegotiate with Saint Paul Department of Public Works. 4. Approve the agreement. DISCUSSION 1. Do nothing. The agreement is a precondition of required MPCA and MWCC permit approval for City Project 86 -22, which is partially completed, and City Project 87 -08, which has a ij city: Manager;` Pags 2 i an ary ]9 j 1988 y gomy Ins Nation. There were no othe ple� economical!ly+v,iable al },te =natives for these projects that .wo,ui!d haveproduced a "direct connection to the MWCC inte,rceptor;sanitary,sewer system. These sewer systems cannot be'legally operated without the MPCA and MWCC permits. 2. The':joint -use sewers within Saint Paul do not meet the criteria for designation as interceptor sanitary sewers according- to.'the Metropolitan Waste Control Commission. Although the joint use sewers provide inter —city conveyance to the MWCC interceptor sanitary sewer system that cannot be economically provided in another manner, they do not meet MWCC criteria for tributary area size. Since designation of the joint use sewers as inte captor sanitary sewers would be mutually beneficial to both'Laplewood and Saint Paul, the agreement commits both parties to seek this designation when and if possible. 3. .- The agreement is thought to reasonably set forth the financial responsibilities and duties of both Maplewood and Saint Paul for the joint use sewers. It is unlikely that concurrence could be reached with the Saint Paul staff to substantially modify any of the particulars of this proposed agreement. 4. Approval of the agreement commits Maplewood to predetermined annual payments to Saint Paul for maintenance of the joint — use sewers in accordance with the proportion of flow originating within Maplewood. In the event that the joint use sewers are reconstructed, Maplewood's liability is limited to additional incremental construction cost due to increased pipe size or depth necessary to accommodate Maplewood's flow. RECOMMENDATION The agreement is recommended for approval since it will provide for regulatory agency compliance at a predictable annual cost that equitably reflects the interests of Maplewood. BUDGET IMPACT The cost basis is established in the agreement. The annual maintenance cost — sharing reimbursement would come from the sewer fund. AGREEMENT 11 1 THIS AGREEMENT, made and entered into by and between the City of Saint Paul, a. municipal corporation of the State of Minnesota, herein referred to as "SAINT PAUL" and the City of Maplewood, a municipal corpiration'of the State of Minnesota, hereinafter referred to as "MAPLEWOOD." WHEREAS, Maplewood has requested permission from Saint Paul to connect a portion of its public sanitary sewer system to the Saint {caul sanitary sewer system, for the purpose of transporting sanitary sewage to Metropolitan Waste Control Commission interceptor sanitary sewer I connection points located within the corporate limits of Saint Paul. The following agreement is intended to establish the conditions of the joint use between Saint Paul and Maplewood of existing Saint Paul sanitary sewers as described in Exhibit A. NOW, THEREFORE, Saint Paul and Maplewood do hereby mutually agree as follows: 1. Saint Paul does hereby grant permission to Maplewood to connect Maplewood sanitary sewer conveying sanitary sewage at the locations specified in Exhibit A in exchange for sharing of maintenance and replacement costs as stipulated herein. 2. The Maplewood sewer system to be connected to the Saint Paul sewer system shall be used solely for the purpose of conveying sanitary sewage and Maplewood shall not permit any storm water to be connected to the sewer system. 3. Maplewood shall be solely responsible for all maintenance, repairs and claims for damages or injuries caused to any person or property whatsoever or from any cause whatsoever relating to the properties or persons ,served by the Maplewood sanitary sewer. Maplewood i agrees to hold harmless, indemnify and defend the City of.Saint Paul from any and all claims for damages to persons or property which arise or which may claim to arise from any reason relating to the sewers owned and maintained by Maplewood and which are hereby authorized to be connected to the St. Paul sewer system. 4. Saint Paul shall be solely responsible for all maintenance, repairs and claims for damages or injuries caused to any person or property whatsoever from any cause whatsoever, except for damage resulting from the unlawful discharge to the Maplewood public sanitary sewer of prohibited discharges as defined by Section 28 -61 of the Code of ordinances of the City of Maplewood, relating to the properties or persons served by the joint -use sewers and tributaries. Saint Paul agrees to hold harmless, indemnify and defend the City of Maplewood, its officers and employees from any claim for damage to persons or property, except as herein noted, relating to the joint -use sewers and tributaries within the corporate limits of Saint Paul. 5. It is agreed between the parties hereto that the Metropolitan Waste Control Commission shall estimate the amount of sanitary sewage attributable to the Maplewood properties hereby authorized to be connected to this Saint Paul sewer system and shall accordingly charge Maplewood for its proportionate cost of sewage treatment, conveyance and related costs in its annual billings. Maplewood and Saint Paul shall cooperate with and _provide all necessary information to the Metropolitan Waste Control Commission so as to permit the proper billing to Maplewood and credit to Saint Paul for its sewage. 2 6. Maplewood agrees to annually reimburse Saint Paul for an amount equal to the'sum of the:,products of the distance of each joint- use sewer segment times the percentage of flow originating within Maplewood to the total sewer flow times .an: annual sanitary sewer maintenance cost per mile,.as established herein. Exhibit A tabulates the Maplewood flow to total flow percentage for the various segments of the joint -use sewers based on calculated residential equivalent connection (REC) units. Should the use of these percentages be unsatisfactory as basis of maintenance cost apportionment to either party, then they may be superceded by a revised determination of REC units or field checks of actual flow rates. Exhibit B tabulates the proportionate mileage of joint -use sanitary sewer upon which'Maplewood's annual reimbursement to Saint Paul is based. 7. On or before February 1 of each year, Saint Paul shall submit to Maplewood documentation of the Saint Paul Department of Public Works - sewer maintenance division annual budget and summation of mileage of sewer, irrespective of size or type. The annual sanitary sewer maintenance cost utilized for the purposes of this agreement shall be the annual Saint Paul Department of Public Works -sewer maintenance division budget divided by the mileage of sewer within Saint Paul times 110% to account for other administrative, depreciation and related overhead expenses not included within the sewer maintenance division budget. For 1987 and 1988, the annual maintenance cost per mile is agreed to be $3,049. B. Maplewood shall make payment to Saint Paul on or before May 1 of each year for the maintenance -cost sharing amount as determined by the basis set forth in this agreement for the current calendar year. 3 The payment for calendar year 1987 shall be prorated to one -third of the calculated annual amount since connections were in effect for only the last one -third of 1987. Payment for calendar year 1987, in the amount of (one- third) ($3,049/mile) (0.868 miles) = $882.17, plus payment for calendar year 1968, in the amount of ($3,049 /mile) (0.868 miles) = $2,646.53, shall be made on or before May 1, 1988. 9. In the event that it is necessary to reconstruct or replace the existing joint -use sewers, Maplewood will recompensate Saint Paul for the additional incremental cost of increasing the pipe depth, pipe size and /or temporary measures to maintain flow during construction of the system above that required for conveyance of the sewage generated within the tributary area of the particular joint -use sewer within Saint Paul. 10. Both parties affirm that it is mutually beneficial that the joint -use sewers should be designated as interceptor sanitary sewers. Both parties shall pursue transfer of these joint -use facilities to the ownership and maintenance by the Metropolitan Waste Control Commission. 11. This agreement shall be permanently binding upon both parties unless it is terminated by mutual consent or in the event that sewerage facilities that allow a connection to the Metropolitan Waste Control interceptor system within Maplewood become available and obviate the stated purpose of this agreement. 4 EXHIBIT A Joint -Use Sewers and Percentage of Flow Connection of -:Ma lewood Sanitary Sewer Service District 20* to'Ed ewate Boulevard and Maryland Avenue ( REC'Ma pwood le Sewer Segment ( -REC Total ) Maplewood Share 1987 -89 1990 -94 1995 -99 2000 - Edgewater ( 344 ( 491 ( 736) ( 981 Maryland to Jessamine ( 471) 73 ( 618) 79 ( 863) 85 (1108) 88 Edgewater ( 344 ( 491 ( 736 ( 981 Jessamine to Case ( 504) 68 ( 651) 75 ( 896) 82 (1141) 86 Case ( 344 ( , 491 ( 736 ( 981 Edgewater to Ruth ( 536) 64 ( 683) 72 ( 928) 79 (1173) 84 Case ( 344 ( 491 ( 736 ( 981 Ruth to Hazel ( 756) 45 ( 903) 54 (1148) 64 (1393) 70 Hazel ( 344 ( 491 ( 736 ( 981 Case to Stillwater (1018) 34 (1165) 42 (1410) 52 (1655) 59 Hazel ( 344 ( 491 ( 736 ( 981 Stillwater to Bush (1467) 23 (1614) 30 (1859) 40 (2104) 47 Hazel ( 344 ( 491 ( 736 ( 981 Bush to Minnehaha (1876) 18 (2023) 24 (2268) 32 (2513) 39 (Jct. with MWCC SP210) Connection of Maplewood Sanitary Sewer Service District 39* (SW 1/4 SW 1 4, Sec. 13 Twp. 28, R. 22) to Boxwood a nd Carver 1987 -89 1990 -94 1995 -99 2000 - McKnight (_2) ( 76) ( 76) ( 76) Boxwood to Carver (28) 25 (112) 68 (112) 68 (112) 68 (Jct. with MWCC SP260) *As defined in Maplewood Comprehensive Sewer Plan. onnection oulevard Sewer Segment EXHIBIT B MAPLEWOOD MAINTENANCE COST SHARING MILEAGE ewood Sanitary Sewer Service District 20* to Edgewater land Avenue Maplewood Mileage Distance, Miles (= Segment Miles x Maplewood Flow $) Total Flow 1987 -89 1990 -94 1995 -99 2000- Edgewater Maryland to Jessamine 0.265 0.193 0.209 0.225 0.233 Edgewater Jessamine to Case 0.284 0.193 0.213 0.241 0.244 Case Edgewater to Ruth 0.284 0:182 0.204 0.224 0.238 Case Ruth to Hazel 0.250 0.112 0.135 0.160 0.175 Hazel Case to Stillwater 0.170 0.058 0.071 0.088 0.100 Hazel Stillwater to Bush 0.199 0.046 0.050 0.080 0.094 Hazel -. Bush to Minnehaha 0.123 0.022 0.030 0.039 0.048 (Jot. with MWCC SP210) Subtotal Maplewood Miles 0.806 0.922 1.057 1.132 Connection of Maplewood Sanitary Sewer Service District 39* (S W- l / 4 SW 1/4, Sec 13 Twp. 28, R. 22) to Boxwood and Carver Maplewood Mileage Distance, Miles 1987 -89 1990 -99 1995 -99 2000 - McKnight Boxwood to Carver 0.246 0.062 0.167 0.167 0.167 (Jct. with MWCC SP260) Total Maplewood Miles 0.868 1.089 1.224 1.299 *As defined in Maplewood Comprehensive Sewer Plan IN WITNESS WHEREOF, the parties have executed this agreement on this day of , 1988. CITY OF MAPLEWOOD By Approved as to Form by Mayor Legal Counsel And M anager CITY OF SAINT PAUL yor And Approved as to Form by City Clerk Legal Counsel And Director of Public Works And Director of Finance AGREEMENT i 12��rrn -,oc y THIS AGREEMENT, made and entered into by and between the City of Saint Paul, a municipal corporation of the State of Minnesota; herein referred to as "SAINT PAUL" and the City of Maplewood, a municipal corporation of the State of Minnesota, hereinafter referred to as "MAPLEWOOD ". WHEREAS, Maplewood has requested permission from Saint Paul to connect a portion of its public sanitary sewer system to the Saint Paul sanitary sewer system, for the purpose of transporting sanitary sewage to Metropolitan Waste Control Commission interceptor sanitary sewer connection points located within the corporate limits of Saint Paul. The following agreement is intended to establish the conditions of the joint use between Saint Paul and Maplewood of existing Saint Paul sanitary sewers as described in Exhibit A.. NOW, THEREFORE, Saint Paul and Maplewood do hereby mutually agree as follows: 1. Saint Paul does hereby grant permission to Maplewood to connect Maplewood sanitary sewer conveying sanitary sewage at the locations specified in Exhibit A in exchange for sharing of maintenance and replacement costs as stipulated herein. 2. The Maplewood sewer system to be connected to the Saint Paul sewer system shall be used solely for the purpose of conveying sanitary sewage and Maplewood shall not permit any storm water to be connected to the sewer system. 3. Maplewood shall save the City of Saint Paul harmless from any damage, cost or expense and fully indemnify said city against any and 2 all liability sustained by reason of the connection or the maintenance of the connections hereunder between the said public sewer system of Maplewood and the said public sewer system of the City of by reason of any damage, cost, expense or loss that may be sustained by Maplewood, its inhabitants, or any other person or persons connected with the use of said Maplewood's public sewer system or by reason of the diversion into said Maplewood's public sewer system of roof water or storm water drainage. This agreement is entered into pursuant to all of the terms, provisions and conditions of Chapter 80 (Sewer Contracts Suburbs) of the Legislative Code of the City of Saint Paul. 4. It is agreed between the parties hereto that the Metropolitan Waste Control Commission shall estimate the amount of sanitary sewage attributable to the Maplewood properties hereby authorized to be connected to this Saint Paul sewer system and shall accordingly charge Maplewood for its proportionate cost of sewage treatment, conveyance and related costs in its annual billings. Maplewood and Saint Paul shall cooperate with and provide all necessary information to the Metropolitan Waste Control Commission so as to permit the proper billing to Maplewood and credit to Saint Paul for its sewage. 5. Maplewood agrees to annually reimburse Saint Paul for an amount equal to the sum of the products of the distance of each joint -use sewer segment times the percentage of flow originating within Maplewood to the total sewer flow times an annual sanitary sewer maintenance cost per mile, as established herein. Exhibit A tabulates the Maplewood flow to total flow percentage for the various segments of the joint -use sewers based on calculated residential equivalent connection (REC) units. Should the use of these percentages be 3 unsatisfactory as basis of maintenance cost apportionment to either party, then they may be superceded by a revised determination of REC units or field checks of actual flow rates. Exhibit B tabulates the proportionate mileage of joint -use sanitary sewer upon which Maplewood's annual reimbursement to Saint Paul is based. 6. On or before February 1 of each year, Saint Paul shall submit to Maplewood documentation of the Saint Paul Department of Public Works -sewer maintenance division annual budget and summation of mileage of sewer, irrespective of Size or type. The annual sanitary sewer maintenance cost utilized for the purposes of this agreement ., shall be the annual Saint Paul Department of Public Works -sewer maintenance division budget divided by the mileage of sewer within Saint Paul times 110% to account for other administrative, depreciation and related overhead expenses not included within the sewer maintenance division budget. For 1987 and 1988, the annual maintenance cost per mile is agreed to be $3,049. 7. Maplewood shall make payment to Saint Paul on or before May 1 of each year for the maintenance -cost sharing amount as determined by the basis set forth in this agreement for the current calendar year. The payment for calendar year 1987 shall be prorated to one -third of the calculated annual amount since connections were in effect for only the last one -third of 1987. Payment for calendar year 1987, in the amount of (one- third) ($3,049 /mile) (0.868 miles) _ $882.17, plus payment for calendar year 1988, in the amount of ($3,049 /mile) (0.868 miles) _ $2,646.53, shall be made on'br before May 1, 1988. El 8. In the event that it is necessary to reconstruct or replace the existing . joint -use sewers, Maplewood will recompensate Saint Paul for the additional incremental cost of increasing the pipe depth; pipe size and /or temporary measures to maintain flow during construction of the system above that required for conveyance of the sewage generated within the tributary area of the particular joint -use sewer within Saint Paul. 9. Both parties affirm that it is mutuAlly beneficial that the joint -use sewers should be designated as interceptor sanitary sewers. Both parties shall pursue transfer of these joint -use facilities to the ownership and maintenance by the Metropolitan Waste Control Commission. 10. This agreement shall be permanently binding upon both parties unless it is terminated by mutual consent or in the event that sewerage facilities that allow a connection to the Metropolitan Waste Control interceptor system within Maplewood become available and obviate the stated purpose of this agreement. EXHIBIT A Joint -Use Sewers and Percentage of Flow ction of E Sewer Segment Edgewater Maryland to Jessamine Edgewater Jessamine to Case Case Edgewater to Ruth Case Ruth to Hazel Hazel Case to Stillwater Hazel Stillwater to Bush Hazel Bush to Minnehaha (Jct. with MWCC SP210) Sanitary Sewer Service District 20* to venue ( RE C Maplewood ( RE Total ) Maplewood Share % ewater 1987 -89 1990 -94 1995 -99 2000- ( 344 1 4, Sec 13 Twp 28, R. ( 491 Boxwood and Carver ( 736) ( 981 ( 471) 73 ( 618) 79 ( 863) 85 (1108) ( 344 (28) ( 491 (112) 68 ( 736 (Jct. with MWCC SP260) ( 981 ( 504) 68 ( 651) 75 ( 896) 82 (1141) ( 344 ( 491 ( 736 ( 981 ( 536) 64 ( 683) 72 ( 928) 79 (1173) ( 344 ( 491 ( 736 ( 981 ( 756) 45 ( 903) 54 (1148) 64 (1393) ( 344 ( 491 ( 736 ( 981 (1018) 34 (1165) 42 (1410) 52 (1655) ( 344 ( 491 ( 736 ( 981 (1467) 23 (1614) 30 (1859) 40 (2104) ( 344 ( 491 ( 736 ( 981 (1876) 18 (2023) 24 (2268) 32 (2513) 88 86 84 70 59 47 39 Connection of Maplewood Sanitary Sewer Service District 39* (SW 1/9 SW 1 4, Sec 13 Twp 28, R. 22) to Boxwood and Carver 1987 -89 1990 -94 1995 -99 2000 - McKnight ( 7) ( 76) ( 76) ( 76) Boxwood to Carver (28) 25 (112) 68 (112) 68 (112) 68 (Jct. with MWCC SP260) *As defined in Maplewood Comprehensive Sewer Plan. EXHIBIT B MAPLEWOOD MAINTENANCE COST SHARING MILEAGE Conn ection of Maplewood Sanitary Sewer Servic District 20* to Edgew Boulevard and Maryl Avenue *As defined in Maplewood Comprehensive Sewer Plan Maplewood Mileage Sewer Segment Distance, Miles (= Segment Miles x Maplewood Flow �) Total Flow 1987 -89 1990 -94 1995 -99 2000 - Edgewater Maryland to Jessamine 0.265 0.193 0.209 0.225 0.233 Edgewater Jessamine to Case 0.284 0.193 0.213 0.241 0.244 Case Edgewater to Ruth 0.284 0.182 0.204 0.224 0.238 Case Ruth to Hazel 0.250 0.112 0.135 0.160 0.175 Hazel Case to Stillwater 0.170 0.058 0.071 0.088 0.100 Hazel Stillwater to Bush 0.199 0.046 0.050 0.080 0.094 Hazel Bush to Minnehaha 0.123 0.022 0.030 0.039 0.048 (Jct. with MWCC SP210) Subtotal Maplewood Miles 0.806 0.922 1.057 1.132 Connection of Ma lewood Sanitary Sewer Service District 39* (SW 1/4 SW 1 4, Sec 13 Twp. 28, R. 22) t o Boxwood and Carver Maplewood Mileage Distance, Miles 1987 -89 1990 -99 1995 -99 2000 - McKnight Boxwood to Carver 0.246 0.062 0.167 0.167 0.167 (Jct. with MWCC SP260) Total Maplewood Miles 0.868 1.089 1.224 1. *As defined in Maplewood Comprehensive Sewer Plan IN WITNESS WHEREOF, the parties have executed this agreement on this day of 1988. CITY OF MAPLEWOOD By Approved as to Form by City Manager Legal Counsel And Mayor CITY OF SAINT PAUL Mayor And Approved as to Form City Clerk by Legal Counsel A n d dll��C� /� r of P And '--\ Director o Finance , AGENDA ITEM~zT--/~ AGENDA REPORT Action by Council: TO: City Manager FROM: Assistant City Engineer Eodnrood^~~~~--~ SUBJECT: Gervais Avenue, English to Kennard Street Bndlfiod~�.~°~� Project 88-14--Schedule Public Hearing Rwjooto8_^�~��,° DATE: August 17, 1988 Dat INTRODUCTION The feasibility study for the referenced project will be presented at the council meeting. It is requested that the city council adopt the attached resolution which accepts the feasibility report and schedules a public hearing for this project" .| BACKGROUND ` initiated The feasibility study for the proposed improvemen t was by the city council in response to the conditional use permit application for the MnDOT testing laboratory. Therefore, four affirmative votes are required to order the project" BUDGET IMPACT As documented in the feasibility report, a large majority of the cost for the proposed improvement can be funded from the municipal state aid funds" For the recommended improvement of construction of a 52-foot wide street from Barclay to English and a 36-foot wide street from Barclay to Kennard with provisions for future relief sanitary sewer and optional concrete sidewalk on the north side of the street, the amount necessary to recover from assessments is $93,890i Based on past precedent, assessment rates for properties fronting on collector streets which are improved with MSA funding is set at $36"50 per front foot. Use of this rate will fully recover the requisite local share cost" A summary of the proposed assessment units rates, and cost for each parcel with an accompanying map giving property identification number (PIN) is attached" RECOMMENDATION It is recommended that the council schedule a public hearing for this project on September 26, 1988 in accord with the attached resolution" jc Attachments ~ � PROJECT NO. 88-14 D/P NO" ???? QUANTITY CHECK LIST COL. 1) = STREETS ~ F. F. PIN 0O° COL 1 10-29^~22~13-0038 10.W0 10~^29^~32-13-0039 81"00 10-29~23~13-0040 81^00 10~29~22-13~0041 81°00 10-29-22~^13-0042 81°0@ 10-^29^-22-13~0043 81.00 10~29-22-13-0044 10"00 10~29-22-13-0045 10"00 10-29~32~^13-0046 84°00 10-29^-22~13-0047 85°00 10-29-22-13-0048 85.00 10-29-22-13-0049 85^00 10-29-22-13-0050 86°00 10-39-22-13-0051 10.00 10-29-22~23~0001 290,00 10-29'-22'~24-0017 365~00 10~39-22~24-0046 10"00 10~29-22-24--0054 10°00 10-29-22-24-0056 82"00 10^-29-22~24-0057 75°00 10-29-22-24-0058 75.00 10-29~22-24-0059 80"00 10~29~22-24-0060 80.00 10~29~22-24'~W1 80.00 10-29-22-24~0063 10"0@ 10~29'~22-24-0064 20^00 10-29~22~31~^0001 10^00 10-29-22~31~0002 84^00 10-29-22-31~0003 84"012) 10-29-22~^31~0004 ` 84°00 10-29-22-31~0005 84.00 10-29~22-31~0006 84"00 10-29-22-31-0007 84.00 10~^29~22-31-0008 84"00 10-29~22~31-0009 84.00 10-29-22-31-0010 10^00 10-29-22~31-0041 332"00 10~29~22~32-0002 295,00 10~29~22-32~0003 200"00 10`^29-22-~32^^0004 400^00 10~29-22-32-0015 325.00 10~29-22~42-0001 602"83 10~29~22-42-0002 10^00 10~29~22~42~0003 84,26 10~29~22-42-0004 84"26 1049~22~42~0005 84°26 10-29-23-42-0006 8f.26 10~29-22-43-012,07 84"26 | 10-29-22-42-000G 10"00 PAGE 1 OF 1 08-^16~1988 GRAND TOTALS 5335^12 D/P NO. ? ? ?? PROJECT NO. 88 -14 GERVAIS IMPR. ENGLISH TO KENNARD PROJECT SUMMARY SEC- 10- T- 29- R- 22 -QQ -13 14 PARCELS ASSESSED ITEM QUANTITY PER RATE STREETS * * * * ** *870.000 F.F. AT ** *$36.500 EA. PAGE 1 OF 1 08 -16 -1988 ASSESSMENT **$31,755.00 SEC- 10- T- 29- R- 22 -09-23 1 PARCELS ASSESSED ITEM - QUANTITY PER RATE ASSESSMENT STREETS * * ** ** *290.000 . F.F. AT 500 EA. _ *N$10. 585. OQ SEC- 10- T- 29- R- 22 -QQ -24 11 PARCELS ASSESSED 4 ITEM QUANTITY -- - - - -- -------- ----- PER --- RATE ---- - - - - -- ASSESSMENT - ------ - - - - -- STREETS * * * * ** *887.000 F.F. AT ** *$36.500 EA. _ * *832,375.50 SEC- 10- T- 29- R- 22 - 00 - 31 11 PARCELS ASSESSED ITEM - QUANTITY PER RATE ASSESSMENT STREETS * * ** *1,024.000 F.F. AT ** *$36.500 EA. _ * *$37,376.00 SEC-10-T-29-R-22-GO-32 4 PARCELS ASSESSED ITEM - ' - QUANTITY - - -- - -- - ------ - - - - -- PER - -- RATE -- -- - - - - -- ASSESSMENT ------- - - - - -- STREETS *.N. ** *1,220.000 F.F. Al ** *$36.500 EA. _ * *$44,530.00 SEC- 10- T- 29- R 22 - QQ - 42 8 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT STREETS * * ** *1,044.1220 F.F. AT ***436.500 EA. _ * *238.110.38 GRAND TOTALS 49 PARCELS ASSESSED - ITEM QUANTITY PER RATE ASSESSMENT STREETS * * ** *59335.12 F.F. AT ** *436.500 EA. _ *4194,731.88 TOTAL AMOUNT ASSESSED FOR THIS PROJECT = * *4194,731.88 I e; w sT AVI I „ o0 own - X a 6 •(yj \ I N ' Ld EV I' mVPN': aal`'1 N N ..� u ym 1 111 ..• — Irm c o yc'^ yN A S n' 14NN � v •-- a<m ( Li LLJ Ic �I��,N � 'd: .. Cn:, a "N��''t �a�l' ° "•�� ♦. (�� I ' - J � 1, + — '_ _��$ 1 � i•l <�: x, } ql V \' >I���'�•� i ., I .,, Q —r�G j �, fix I a I 13:�;'. w x ;� s`.,yv tP "u: ' .fii Y.!'t . , •S 17 °' rr Ifn M PPl Q {i r3N fll^UN Jr 1' "3 W y —:,< 4 n1� 3 oa,'h_ - , ^ N E , - r:. .< �'cb`��ave - ;. cs. C I O a E o u �1 N • N i • . 1 1 a- ' s rn s'; 0) 1 � 1 N N .a = • i �„^ „ 10 �' to a ,' � RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, the city engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Gervais Avenue, English to Kennard Street, City Project 88~14, by construction of roadway with concrete curb and gutter and related improvements, and WHEREAS, the said city engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: ^| 1" The report of the city engineer advising this council that the proposed improvement on Gervais Avenue, English Street to Kennard Street, City Project 88-14, by construction roadway with concrete curb and gutter and related improvements of is feasible and should best be made as proposed, is hereby received" 1 2" The council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of $946,690. 3" A public hearing will be held in the council chambers of the city ha1l,at 1830 East County Road B on Monday, the 26th day of September, 1988, at 7:10 p,m° to consider said improvement. The city clerk shall give mailed and published notice of said hearing and improvement as required by law" � \ ' i \ . ` MEMORANDUM TO: City Manager FROM: City Engineer SUBJECT: Hydrant Fund Appropriation DATE: August 17, 1988 AGENDA ITEM Action by Council:, Endorsed ---- ,~�� &odified~__--°~~ Rejected ------- ,^ Date Project 84~04, McClelland Street Water Main has been in litigation with the contractor for some time. A resolution of the final payment has been agreed upon. A final payment of $4,250 is owed the contractor" Maplewood/s share of the cost is $3250. The city's consultant, TKOA, has already contributed $1000 to the cost" Project 84-04 was subsidized by the city using the hydrant fund" The project was closed out almost two weeks ago" In order to pay this last cost, the city council must authorize the expenditure of $3250 from the unappropriated fund balance in the hydrant fund. It is recommended the city council authorize payment of $3250 to Ro-So Contacting,from the hydrant fund, jw 140 Action by Council: Endorsed—./_ Modified,_;_„. Rejected— August 1, 1988 Mayor John Greavu 187 Crestview Drive Maplewood, ]1N 55119 Dear Mayor Greavu: It has been necessary for me to resign from my position as NEST Commission member. I have just talked to Judy Hutchinson, Administrator of NEST, and she assures me that the transportation system is now working well. and will continue to increase in ridership. Thank you, and the Council, for allowing me to serve on this commission. I'm sure the City wi:l.l. continue to support and promote this important service to the citizens of Maplewood. Sincerely, �IhaiL- GUd'-J-�ILIA'tA Char Wasiluk (.':':. ka.. z -7-7- //, , �AMSEY COUNTY lional Broad luthority Room 316 Courthouse 15 W. Kellogg Blvd. St Paul, MN 55102 Phone 298 -4145 July 28, 1988 Mayor John Greavu City of Maplewood 1830 East County Road B Maplewoo inn ota 11109 Dear Ma reavu: John T. Finley, Chairman District 3 Action by Council: Diane Ahrens Dlstdct 4 Ruby Hunt Endorsed Districts Modified Duane W. McCarty Rejecte Distilct 1 Hal Norgard Date District 7 Donald E. Salverda District 2 Warren W.Schaber Dlstricta Ramsey County is conducting a study of the transportation and recreation potential of the Burlington Northern Railroad corridor from downtown St. Paul to the north Ramsey County border (map attached). A Northeast Corridor Task Force will be formed to review the information from the study. The task force will consist of one representative from each affected district council in St. Paul; two community representatives appointed by each municipality other than St. Paul in Ramsey County; business community representatives; members of the Ramsey County Regional Railroad Authority Citizens Advisory Committee in the affected area. The task force will make recommendations on the study to the Ramsey County Regional Railroad Authority, consisting of the seven members of the Board of Commissioners. The final decision will be made by the Regional Railroad Authority. Meetings of the task force will occur this fall, perhaps every two weeks, on Thursday evenings. Additional meetings are anticipated to occur in early 1989. The total number of meetings is not expected to exceed ten. Task force members will be responsible for communicating to the organizations they represent information on the study. V Page 2 Please supply the name(s) of the nominee(s) from your organization to me by September 1, 1988. The Ramsey County Regional Railroad Authority will appoint members to the task force in September. I look forward to receiving a nomination from your organization to the Northeast Corridor Task Force. if you would like additional information at this time, you may contact Kathryn DeSpiegelaere at 484 -9104. Very ' my yours, . J n T. Finley, Chairman egional Railroad Authority JTF /clm Attachment cc: Michael McGuire, Manager, City of Maplewood Ramsey County Commissioners Terry Schutten Pat O'Malley Kathryn DeSpiegelaere Greg Mack Commissioner Russ Larkin, Chairman, Washington County Regional Railroad Authority I� I 1 1 I 1 'sP } {traG PARK �. IULEY Northeast Corridor Study Area CI RCL E 1 :t_....i DINGS LExINGrprvi 1 � 1 I I 1 i Y1M11•MM •WIYY •I �•.VI M YMMI• Y WwM ��Yr•��Y MFIII Y w1W V M f111�1Y 11 MIMIY Y YIWY✓ /•Y.YY 1.11• Y YYIw Y MOUNDS�I ^ y VIEW i ,iJ NORT11 OAKS 1 1 i 1 _,..... ..... ., i ARDEN HILLSi i Yl e BEAR LAKE • I t gLLTUP COLUMBIA .) HL`IGHTS Ae- 1S 0 4 Y 1 I AN PHONY i •tall r� R i K e I I i 1_Y I VAI:)NAIS 1 i &HI:IREVIEW 1 }IIEIG!{TS 1 1k,M 1_J- . LAKE 3 I I . .. 1 ' ._ FALCON B. 1 X. "' SOO ' qe - P " I F a 1 1 1 1 p r I I I i 1 i IIOSEVILLE , I F— I i 1 ST: PA C.ANAI)A 1 - .wwJ _ ? i c :.. .. 23 i r -- 1 J i_3 1 \• a 1 I MA}1 GI1:rylw0 VIL[AM, 3 , a bJ w�1.I,I ! PIN i i bP121 111111 / n/ F NC)I2rH PAUX. �.. 1 , \ 1 � 1 1 , � K)1) AKDALE u 1j9�� Y I I N I E • I 1 � 1''OR 7 ; Sop 1 I W 6a'Y S r . I 1 .II.YbAI. NA X31 'A ' 1. .. }lxararrc • i r -- 1 J i_3 1 \• a 1 I MA}1 GI1:rylw0 VIL[AM, 3 , a bJ w�1.I,I ! PIN i i bP121 111111 / n/ F NC)I2rH PAUX. �.. 1 , \ 1 � 1 1 , � K)1) AKDALE u 1j9�� Y I I N I E • I 1 � 1''OR 7 ; Agenda No. Action by Council: T0: Mayor and City Council n ,� Endorsed FROM: City Manager �� �C! � Modified..-..� Rejected._ RE: OLD CITY HALL Date_..,,,.,,, DATE: August 15, 1988 The Old City Hall has been listed for over one year at a price of $450,000 -- with no serious offers. I was notified last week that the two listing agents, Lynn Hahnen and Robert Weyer, have taken sabbaticals and may not return. DISCUSSION I have had two different realtors look at the building and both feel it is overpriced, one stating that it is worth more in the $280,000 to $300,000 range with the other saying that a listing price of $379,000 was realistic. I recommend that the City list the Old City Hall at a price of $379,000, with Gary Stoltzman of Edina Realty, for a six -month period. MAM:kaz Agenda No. TO: Mayor and City Council Action by Council: FROM: City Manager �����° M d odlfi .,„_ RE: CITY NEWSPAPER PQJected� DATE: August 16, 1988 Date_.,_....,,,_ INTRODUCTION At the August 8, 1988 City Council meeting, staff was directed to investigate the pros and cons of a city newspaper. DISCUSSION I contacted Marilyn Trevino, Editor of the Eastsider Newspaper to get her thoughts. She currently spends approximately 40 hours per month as editor, 30 hours per month selling ads, 48 hours per month for layout of the ads and pasting them up, plus many hours per month reporting and writing the articles. In her opinion, it keeps one person very busy, but it would be best to have 3 half -time people. Lillie'Newspaper prints the Eastsider and it goes to approximately 19,000 addresses. OPTIONS 1. Change format and expand Maplewood in Motion to monthly publication. 2. Expand Maplewood in Motion to bi- monthly. 3. No change. RECOMMENDATION Based on Council action of June 27, 1988 when it was decided not to expand Maplewood in Motion at that time; option 3 is recommended. MAN:kaz AGENDA REPORT T- / Z/ To: City Manager Michael McGuire I / From: Director of Public Safety Kenneth V. Collins V Subject: Consultant to Conduct an Analysis of Maplewood's Fire Services Date: August 16, 1988 Action by Council: Endorsed Background Modified— Rejected _. During the past several months, numerous consultants have been contac to conduct an analysis of Maplewood's fire services, equipment, etc. This analysis is being done to not only assess where Maplewood's fire services are today, but is designed to be a planning tool for the next ten years. Discussion My major concern in selecting a consultant was to be certain that because of Maplewood's unique situation of contracting for fire services that the individual or individuals selected would be credible with the City political figures and current firefighters who supply the services to the City. Recommendation I am recommending that Carroll Bruacker and Associates, Inc., be hired to conduct this analysis. The majority of the analysis would be conducted by Warren Isman, who is currently President of the International Association of Fire Chiefs. Mr. Bruacker will also be assisting, as will James Hill, who is Director of Public Safety and Assistant City Manager in the City of Fridley. Mr. Bruacker's firm has conducted many similar analyses for other cities in the United States. These analyses have been both with volunteer and full — time fire departments. Further information is available on this firm upon request. Action Required For your approval and recommendation for the City Council's approval. KVC:js Action by Council; TO: Mayor and City Council Endorsed.,..._,,.,,, FROM: City Manager ��G�� Modifie Rejecte � RE: COMPUTER SYSTEM Date ---- DATE: August 16, 1988 The City purchased a new computer system for all departments, except Public Safety, in 1987. During the discussions leading up to the purchase, staff was led to believe that additional personnel to operate the system would not be necessary. At this time, it is apparent that this assumption was not correct and that an experienced individual is needed. DISCUSSION Currently, three people are sharing the duties of systems operators. They are: Dennis Peck, Engineering Technician; Alana Matheys, Finance; and Mike Ryan, Police Department. They estimate that they spend 43 to 52 hours per week working on the computer system. A general breakdown is: 1) Training employees for usage of software applications; 2) Installing new software releases and bringing on -line; 3) Trouble shooting of software and hardware problems; 4) Backup operating system and other system user applications; 5) Solve minor operational problems of printers and terminals; and 6) Maintain security policies. In addition, time is needed for the following: 1) Short and long range computer.systems planning; 2) Prepare and administer computer system budget; and 3) Develop and enforce policies, rules and procedures. When this arrangement was established, it was with the understanding that it was temporary and the number of hours dedicated to the computer system would decrease. This has not happened and they are unable to complete the work for their regular positions. Mayor and City Council COMPUTER SYSTEM August 16, 1988 Page Two The City has over $400,000 invested in its computer system, and it is not being utilized anywhere near its maximum potential. OPTIONS 1. Continue current practice and hire part -time people to assist the three systems coordinators in their regular positions. 2. Hire a full -time individual to coordinate the computer system. RECOMMENDATION Option 2 is recommended because it will provide the City with the level of expertise needed to more fully utilize our computer system. ACTION REQUESTED 1. Authorization to hire a full -time Management Information Systems Coordinator at a starting salary of $26,000 to $32,000 per year. 2. Authorization to make the appropriate budget transfer to cover the cost for the remainder of 1988. NAM:kaz Position Title MANAGEMENT INFORMATION Date August 1988 SYSTEMS COORDINATOR Department Accountable to Administration City Manager Primary Objective of Position To supervise and administer the development and operation of an effective, integrated information system in order to provide timely, accurate and meaningful data for departments to support Council decision making and to ensure effective utilization of automated data processing. Duties and Responsibilities 1. Evaluate and recommend appropriate, cost effective computer hardware and software on a continuous basis and coordinate their installation. 2. Provide or broker training for employees to facilitate effective use of the computer systems and personal computers. 3. Coordinate efforts between departments to assure an integrated information system. -- Develop and implement procedures and controls to provide accuracy, security, product quality, standardization, and operational efficiency. 4. Act as an in -house consultant providing technical assistance as needed. -- Assist departments in tailoring software to meet specific department needs. -- Act as technical "trouble shooter" for both hardware and software problems. 5. Provide both short and long range computer and information systems planning. 6. Coordinate activities with other external resources and agencies. -- Act as contact personifor vendors and consultants. Job Description MANAGEMENT INFORMATION SYSTEMS COORDINATOR July 1988 Page Two 7. Ensure effective coordination of City telecommunication system. 8. Prepare and administer a budget for the computer systems. 9. Establish and perform software backup procedures. 10. Coordinate the purchasing of all computer systems and personal computer supplies. 11. Arrange for the maintenance and repair of all computer systems and personal computers. 12. Performs other duties as assigned. Knowledge and Skills Required -- Solid understanding of management information systems. College degree with MIS major is desired but not required. City will provide specialized training for successful applicant but appointee must reach acceptable level of expertise within six months. . -- Familiarity with current computer technology -- Basic understanding of municipal government. -- Ability to communicate effectively both in written and oral form. -- Demonstrated strong organizational and analytical skills. -- Ability to operate a personal computer using spreadsheet, data base and word processing software. -- Ability to write and read computer programs for development of in -house personal computer operation.