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HomeMy WebLinkAbout1988 07-25 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 25, 1988 Municipal Administration Building Meeting 88 -16 (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF MINUTES 1. Minutes of Meeting 88 -9 (May 9, 1988) 2. Minutes of Meeting 88 -12 (June 1, 1988) SD) APPROVAL OF AGENDA (E) CONSENT AGENDA 1. Accounts Payable 2. C.D.B.G. Agreement 3. Resolution of Appreciation 4. P.U.D. Renewal: 1690 McKnight Road (Hillside Shopping Center) (F) PUBLIC EHARINGS 1. 7:00 P.M., Meyer St. Water Main, Project 87 -13 - Assessment Hearing 2. 7:10 P.M., Boxwood Improvements, Project 87 -19 - Assessment Hearin 3. 7:20 P.M., Highway 61 Water Main, Project 87 -44 - Assessment Hearing (G) AWARD OF BIDS 1. Park Improvement Projects (H) UNFINISHED BUSINESS 1. Emergency Preparedness Ordinance 2. Reconsider RecvclinR (I) NEW BUSINESS 1. Frost Avenue and English Street 2. Concurrence with County Bid Award - County Road 3. Ski Jump Pond Easement Agreement 4. Menard's Easement Agreement (J) VISITOR PRESENTATIONS (K) COUNCIL PRESENTATIONS 91 6. a 10 (L) ADMINISTRATIVE PRESENTATIONS IM) ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 9, 1988 Council Chambers, Municipal Building Meeting No. 88-9 CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:02 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Absent Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 87-28 (December 28, 1987) Councilmember Bastian moved to approve the Minutes of Meeting No. 87-28 (December 28, 1987) as submitted. Seconded by Councilmember Juker. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Contractor's Responsibility 2. Library 3. Little Canada Water 4. John Glenn School 5. Footprint Lake 6. Add Item E-a - Harry Zacho Seconded by Councilmember Juker. E. CONSENT AGENDA Ayes - Councilmembers Bastian and Juker. Mayor Greavu and Councilmember Rossbach abstained. Ayes - all. Council removed Item E-8 from the Agenda until Councilmember Anderson returns. Mayor Greavu Consent Aaen 1. Accounts Payable Approved the Accounts Part 1 - Fees, Services, Expenses dated 05-03-88 ($47,294.54; Payroll pay period ending 4-22-88 - $184,188.65) as submitted. 5/9 2. Time Extension: 2614 Brookview Drive (Nelson) Approved a time extension to Labor Day to complete the siding at 2614 Brookview Drive. 3. H.R.A. Annual Report Accepted the H.R.A. Annual Report for March, 1987, through February, 1988. 4. Final Plat: Markfort Addition Approved the Markfort Addition Final Plat 5. Time Extension: Southwinds of Maplewood Second Addition Approved a one-year time extension for the Southwinds of Maplewood Second Addition preliminary plat. 6. Resolution of Appreciation Resolution No. 88 - 5 - 67 WHEREAS, George Rossbach has been a member of the Planning Commission of Maplewood, Minnesota, since November 24, 1986, and has served faithfully in that capacity to January 11, 1988; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment; and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, BE IT HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens, that George Rossbach is hereby ex- tended our heartfelt gratitude and appreciation for his dedicated service and we wish him continued success in the future. 7. Manager/Finance Secretary Pay Rate Approved the recommendation that the non -union secretary be granted the same pay rate as union (A.F.S.C.M.E.) secretaries. E-A PRESENTATIONS 1. Patrick M. Vaughan a. Mr. Vaughan described the traffic problems on Phalen Place between Frost and Ripley Streets. - 2 - 5/9 b. Councilmember Rossbach moved to refer the matter to Staff for investiga- tion and possible solutions. Seconded by Councilmember Juker. Ayes - all. c. Councilmember Bastian referred the question of the legality of the speed limit on Phalen Place and _report back on May 16,_1988. Seconded by Councilmember Juker. Ayes - all. 2. Dan Parker, Welsh Companies, Inc. a. Mr. Parker prefers the address for the Hillside Center be 1680 McKnight Road instead of addressed off of Larpenteur. b. Staff recommended Larpenteur because the Center faces that street and has access to Larpenteur. c. Mayor Greavu moved to assign 1690 McKnight Road to the Hillside Center. Seconded by Councilmember Rossbach. 3. Harry Zacho Ayes - Mayor Greavu, Councilmembers Bastian and Rossbach Nay - Councilmember Juker a. Mr. Gene Zacho, representing his father, Harry Zacho, explained the many problems his father has experienced because of the City of Maplewood. b. Councilmember Bastian moved to table this item"for normal processing. Seconded by Councilmember Juker. Ayes - all. F. PUBLIC HEARING 1. 7:30 P.M., Conditional Use Permit: 1225 Frost (George's Auto Body) a. Mayor Greavu convened the meeting for a public hearing regarding the request of George Hirsch for a conditional use permit to erect a 40 by 40 foot metal building in a BC (business commercial) district. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Frank Dempsey presented the Planning Commission recommenda- tion. e. Roxanne Hirsch, representing her father, George Hirsch, the applicant, spoke on behalf of the proposal. - 3 - 5/9 f. Mayor Greavu called for proponents. None were heard. g. Mayor Greavu called for opponents. A letter of opposition was entered into the record from Michael Herron, 1106 Ryan Avenue. h. Mayor Greavu closed the public hearing. i. Councilmember Bastian introduced the following resolution and moved its adoption: LIJENAENi WHEREAS, George Hirsch initiated a conditional use permit to construct a metal storage building at the following -described property: Vac Alley accruing & fol; Ex E 103.57 ft; Lots 1 thru 5 & Ex E 103.57 ft; the S 10 ft of Lot 6, the S 10 ft of E 8.57 ft of Lot 14 & Part of Vac Alley Adj to Lot 15 & the E 8.57 ft of Lots 16 thru Lot 19, Blk 3, Lincoln Park (Plat 03174); This property is also known as 1225 Frost Avenue, Maplewood; WHEREAS, the procedural history Of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on April 18, 1988. The Planning Commission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on May 9, 198& Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above -described conditional use permit be approved on the basis of the following findings -of -fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detri- mental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run-off, - 4 - 5/9 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 proper- ties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. 11. The building would be substantially screened, as defined in Section 36-27, as viewed from streets or residentially zoned land. 12. The building would not be of lesser quality than surrounding development. Approval is subject to the following conditions: 1. Adherence to the site plan, dated April 12, 1988, unless a change is approved by the City. 2. The property owner shall not be allowed exterior storage of junked vehicles, parts, debris or refuse. 3. Compliance with the screening ordinance, Section 36-27. Seconded by Councilmember Juker. Ayes - all. 2. 7:40 P.M., Frost Avenue (McDonald) a. Alley Vacation b. Lot Width and Area Variance 1. Mayor Greavu convened the meeting for a public bearing regarding the request of Theresa McDonald (Administrator and Niece of one of the owners, Clara Nelson) to vacate the undeveloped alley right of way and approval of lot width and area variance to sell a 51.7 x 107 foot lot for a homesite. 2. Manager McGuire presented the Staff report. - 5 - 5/9 3. Director of Community Development Olson presented the Staff report. 4. Terry McDonald, the applicant, spoke on behalf of the request. 5. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their views: Don Kopelke, 1950 Dieter Street Resident, 1920 Barclay Street Claudia DuBord, 1937 Dieter 6. Mayor Greavu closed the public hearing. 7. Mayor Greavu introduced the following resolution and moved its adoption: :: M WHEREAS, Theresa McDonald initiated proceedings to vacate the public interest in the alley right of way: Located in Block 31, Gladstone Plat 2 lying north of the easterly extension of the south line of Lot 15, north to the easterly extension of a line parallel to and ten feet south of the north of Lot 13. WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said alley right- of-way have signed a petition for this vacation. 2. This vacation was reviewed by the Planning Commission on April 18, 1988. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on May 9, 1988, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also con- sidered reports and recommendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above -described alley right-of-way, public interest in the property will accrue to the following -described abutting properties: Lots 13, 14, and 15, Block 31, Gladstone Plat 2 and Lot 3, Johnson Subdivision of Lots 16, 17 and 18, Block 31, Gladstone Plat 2, Ramsey County (Plat 03155); NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above -described vacation on the basis of the following findings of fact: - 6 - 5/9 1. The alley does not, and is not, proposed to serve a public purpose other than as a corridor for overhead utilities and a storm sewer. 2. The right of way is being used as a rear yard area by adjacent land owners. 3. It is in the public interest to vacate the subject alley right of way and return the property to the tax rolls. This vacation is subject to the retention of a utility easement over the entire 20 feet of width of right of way to be vacated. Seconded by Councilmember Juker. Ayes - all 8. Mayor Greavu introduced the following resolution and moved its adoption• 88-5-70 WHEREAS, the City of Maplewood initiated proceedings to vacate the public interest in the following described property: 1. Alley right of way adjoining the north property lines of Lots 1 - 3, Johnson's Subdivision of Lots 16, 17 and 18, Block 31, Gladstone Plat 2, Ramsey County. (Plat 03155) 2. Alley right-of-way located in Block 31, Gladstone Plat 2, lying between the easterly extension of the north line of Lot One and the easterly extension of a line parallel with and ten feet south of the north line of Lot 13. WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was reviewed by the Planning Commission on April 18, 1988. The Planning Commission recommended to the City Council that this vacation be approved. 2. The City Council held a public hearing on May 9, 1988, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommen- dations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above -described alley right of way, public interest in the property will accrue to the following -described abutting properties: 1. The east/west right of way along the north line of Lots 1 - 3, Johnson's Subdivision: to said lots. 2. The north/south right of way in Block 31: to Lots 1 - 13 and Lots 19 - 30. - 7 - 5/9 NOW, THEREFORE, BE IT RESOLVED bythe Maplewood City Council that it is in the public interest to grant the above -described vacation on the basis of the following findings of fact: 1. The alley does not, and is not, proposed to serve a public purpose other than as a corridor for overhead utilities and a storm sewer. 2. The right of way is being used as a rear yard area by adjacent land owners. 3. It is in the public interest to vacate the subject alley right of way and return the property to the tax rolls. This vacation is subject to the retention of: 1. A utility easement over the entire ten feet of width for the right of way to be vacated north of Lots 1 - 3, Johnson's Subdivision. 2. A 20-foot-wide utility easement from a line parallel to and ten feet south of the easterly extension of the north line of Lot 13, Block 31, north to the easterly extension of the north line of Lot 9, Block 31, Gladstone Plat 2. 3. A 15-foot-wide utility easement over the easterly portion of the alley right-of-way, lyipg south of the easterly extension of the north line of Lot One, south to the easterly extension of the north line of Lot 9, Block 31, Gladstone Plat 2. Seconded by Councilmember Juker. Ayes - all. 9. Councilmember Juker Seconded by Councilmember Bastian. Ayes - all. 3. 7:50 P.M., Conditional Use Permits: Gervais (Mn. Dot.) a. Feasibility Study 1. Mayor Greavu convened the meeting for a public hearing regarding the request of the Minnesota Department of Transportation for a condi- tional use permit to construct and operate a laboratory and research facility on Highway 36 west of Barclay Street. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. - 8 - 5/9 4. Director of Public Works Haider presented the Staff report regarding ordering the improvement of Gervais Avenue. 5. Commissioner Dempsey presented the Planning Commission recommenda- tion. 6. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following voiced their opinions: Dick Sullivan, Mn. D.O.T. Ron Lagerquist, Architect for Mn. D.O.T. Robert Hartshorn, 1470 Gervais LeRoy Tuil, 2352 Barclay Mark Henry 7. Mayor Greavu closed the public hearing. 8. Mayor Greavu introduced the following resolution and moved its adoption• 88-5-71 WHEREAS, the Minnesota Department of Transportation initiated a conditional use permit to construct a laboratory and research center on the following -described properties in Section 10, T. 29, R. 22: 1. Subject to street the W 365 ft of the E 39 acres of N 1/2 of SW 1/4 lying N of STH 36-118; and 2. Ex Northern Pacific Ry R/W & Ex E 39 acres; part of N 1/2 of SW 1/4 lying N of N L of Hwy 36 & lying Ely of a L run NEly from intersection of E L or W 19 acres & N of Sd Hwy 36 to a point 260 feet S of N L of Sd SW 1/4 & 140 ft E of E L of sd W 19 acres Th E Par with N L of Sd SW 1/4 to Wly L of Sd N P Ry R/W Th NEly to N L of Sd SW 1/4. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on February 29, 1988. The Planning Com- mission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on May 9, 1988. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an oppor- tunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above -described conditional use permit be approved on the basis of the following findings -of -fact: - 9 - 5/9 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 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 proper- ties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Adherence to the site plan, date -stamped 1988, unless a change is approved by the City's Community Design Review Board. 2. A building permit shall not be issued until the City has signed a contract for the construction of Gervais Avenue. 3. There shall be no odors or noises from this site that are detectable at the east property line other than those normally associated with the ingress and egress of trucks and cars. Seconded by Councilmember Juker. Ayes - all. 9. Councilmember Bastian introduced the following resolution and moved its adoption: - 10 - 5/9 88-5-72 WHEREAS, it is proposed to construct roadway and utility improve- ments on Gervais Avenue from English Street to Kennard Street and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recom- mended. Seconded by Councilmember Rossbach. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Code Amendment: High Water Speed Limit a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved first reading of an ordinance to establish high water speed limitations for Lake �,Qervais. Seconded by Mayor Greavu. I. NEW BUSINESS Ayes - all. 1. General Discussion: Emergency Preparedness/Deputy Director a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to table until the May 23 1988 Meeting. Seconded by Councilmember Juker. Ayes - all. 2. Code Amendment: Small Lot Single Dwellings a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved first reading of an ordinance requiring Staff approval for small lot single dwellings Seconded by Councilmember Rossbach. Ayes - all. 3. Request: North Maplewood Lions and Lioness a. Mayor Greavu moved to table until the May 23, 1988 Meeting. b. Seconded by Councilmember Juker. Ayes - all. 4. Cope Avenue: Order Public Hearing a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to order the public hearing for Cope Avenue. Seconded by Councilmember Juker. Ayes - Mayor Greavu Nays - Councilmembers Bastian, Juker and Rossbach Motion failed. c. Councilmember Rossbach moved to direct Staff to prepare a more detailed feasibility study. Seconded by Councilmember Juker. Ayes - Councilmembers Juker and Rossbach Nays - Mayor Greavu, Councilmember Bastian. Motion failed. 5. Ariel Street: Castle to Cope - Order Feasibility Study a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to table until the Meeting of May 23, 1988. Seconded by Councilmember Juker. Ayes - all. 6. Tax Forfeit Property a. Manager McGuire presented the Staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption• 88-5-73 WHEREAS, the following parcels of land have been offered to the City as tax forfeit property: P.I.N. 17-29-22-34-0048; 0049; 0050; 0051 17-29-22-12-0050 18-29-22-43-0024 15-29-22-21-0044 WHEREAS, the said parcels are identified as important to the future .stormwater ponding needs of the City, - 12 - 5/9 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL that these parcels be purchased from Ramsey County; BE IT FURTHER RESOLVED, that $1700 from the street construction State -Aid Fund be used to finance said purchase. Seconded by Councilmember Rossbach. Ayes - all. 7. Highway 36 and White Bear Avenue a. Manager McGuire presented the Staff report. b. Councilmember Rossbach moved to ardent the nrnnnsal frnm Mn_ D_0 Seconded by Mayor Greavu. Ayes - all. 8. 1987 Annual Financial Report and Audit Meeting to Review. a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to set a meeting date of Mav 23. 1988. at Seconded by Councilmember Juker. Ayes - all. 9. City Manager Salary Adjustment a. Mayor Greavu moved to authorize a .035% increase for 1988 for the City Manager. Seconded by Councilmember Bastian. Ayes - all. J. VISITOR PRESENTATION None. K. COUNCIL PRESENTATIONS 1. Library a. Councilmember Rossbach discussed the proposals regarding the location of the Ramsey County Library Facilities. 2. John Glenn School a. Councilmember Juker discussed the drainage problems from the new construc- tion at John Glenn School. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 9:36 P.M. City Clerk - 13 - 5/9 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, June 1, 1988 Municipal Administration Building Meeting 88 - 12 A. CALL TO ORDER A special meeting of the City Council of Maplewood; Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:03 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 Present George F. Rossbach, Councilmember Present C. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Brooks Court 2. Closed Session for Pending Litigation Seconded by Councilmember Juker. Ayes - all. D. UNFINISHED BUSINESS 1. 831 No. Century Avenue (Dege Garden Center) a. Renewal and Revision of the Conditional Use Permit (3 Votes) 1. Manager McGuire presented the Staff report. 2. Councilmember Rossbach introduced the following resolution and moved its adoption: WHEREAS, George Dege initiated a conditional use permit revision to include a residential garage and delete the indoor /outdoor sales area from the 1971 permit for a parking lot in an R -1 zone. The property is described as Lots 31 and 32, Block 1, Cahanes Acres. This property is also known as 831 North Century,Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This permit was approved on June 3, 1971, and revised on December 8, 1986, to allow an expansion,of the parking lot and an indoor /outdoor sales area. 6/1 2. Mr. Dege requested a revision to the permit in 1988 to include a garage and exclude the indoor /outdoor sales area. 3. This conditional use permit revision was reviewed by the Maplewood Planning Commission on April 4, 1988, The Planning Commission recommended to the City Council that said permit be approved, except for the garage. 4. The Maplewood City Council held a public hearing on May 23, 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 con - sidered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the 1971 conditional use permit revised in 1986 for an off- street parking lot is renewed and revised to include a garage and exclude the indoor /outdoor sales area. Approval is based on the following findings: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of the zoning code. 2. The establishment or maintenance of the use would not be detri- mental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental'or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 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 proper- ties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. 11. The City Attorney has ruled that outdoor sales cannot be approved with a conditional use permit in an R -1 district. - 2 - 6/1 12. The zero setback to the R -1 zone to the west is justified since the R -1 zone is developed as a commercial parking lot. 13. The existing setback to the south lot line is justified since the canopy is an extension of the existing building line and removing part of the canopy to meet the setback would be less attractive and expose storage and sales items to view. Approval is subject to the following conditions: 1. The site plan submitted by Mr. Dege on October 27, 1986, shall be revised based on a survey of the south lot line and the west line of the canopy. The revised plan and the remodeling plans submitted on December 15, 1987, and May 23, 1988, shall be con- sidered part of this permit, except for any change must be ap- proved by the Community Design Review Board. 2. The parking lot may only be used for parking for the garden center building. 3. No commercial use for sale, storage, display or advertising signs of garden materials, plants, or any other kinds of goods shall be allowed anywhere on the legally described property to which this conditional use permit is issued or the parking lot. 4. No portion of this site or parking lot shall be used for truck or trailer storage. 5. Review, renewal or revocation of this permit shall in accordance with City code. 6. Any trees on the site that die must be replaced. 7. No exterior lighting or speakers shall be allowed. 8. The canopy shall not be enclosed for year around use. 9. Sales under the canopy or outdoors shall be limited to garden products from March through October. No other type of sales or storage shall be allowed. 10. Council may require removal of the canopy for additional parking or to reduce parking demand if the use changes. 11. A fence does not have to be constructed along the south lot line. Seconded by Councilmember Juker. Ayes - all. b. Garage Removal Deadline 1. Councilmember Juker moved that the deadline for the garage removal be September 30, 1999. Motion died for lack of a second. - 3 - 6/1 2. Councilmember Bastian moved to table the establishment of a date for the garage removal. ` >.. 3. Councilmember Bastian moved to withdraw his motion to table. 4. Councilmember Anderson move that t he garage would be scheduled Seconded by Mayor Greavu. Ayes - all. c. Reconsider Comprehensive Plan Amendment for the Outdoor Sales Area. 1. Councilmember Rossbach moved to reconsider the comprehensive plan amendment for the outdoor sales area. Seconded by councilmember Bastian. Ayes - all. d. Suspend the Rules of Procedure to Vote on the Plan Amendment, Rezoning and Parking. 1. Councilmember Bastian moved to suspend the Rules of Procedure to vote on the plan amendment, rezoning, and parking. Seconded by Councilmember Juker. Ayes - all. e. Amend the Comprehensive Plan from RL to SC for the Outdoor Sales Area (4 Votes) 1. Councilmember Juker introduced the following resolution and moved its adoption: 88 -6 -85 WHEREAS, the City Council initiated an amendment to the Maplewood Comprehensive Plan from RL, residential low density to SC, service commercial for the easterly 24 feet of Lots 31 and 32, Block 1, Cahanes Acres; This property is more commonly described as the Dege Greenhouse outdoor sales area. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on April 4, 1988, to consider this plan amendment. Notice thereof was published and mailed pursuant to law: All persons present at said hearing were given an opportunity to be heard and pre- sent written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. - 4 - 6/1 2. The Maplewood City Council considered said plan amendment on May 23, and June 1, 1988. The Council considered reports and recommendations from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment be approved on the basis that the outdoor sales area on the Dege Garden Center property has operated since at least 1979 without adverse affect to the adjacent properties. Seconded by Councilmember Anderson. Ayes - all. f. Rezone the Outdoor Sales Area from R -1 to BC (4 Votes) 1. Councilmember Juker introduced the following resolution and moved its adoption: :: :. WHEREAS, the City Council initiated a rezoning from R -1 to BC for the following - described property: The easterly 24 feet of Lots 31 and 32, Block 1, Cahanes Acres This property is also known as the outdoor sales area at 831 No. Century Avenue; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City Council pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commis- sion on April 4, 1988. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on May 23, 1988, to consider this rezoning. Notice thereof was pub- lished and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and pre- sent 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 ade- quately safeguarded. - 5 - 6/1 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. i 5. Outdoor sales have been conducted on this land since at least 1979 without complaint. 6. The outdoor sales area was approved with a conditional use permit on December 6, 1986. Seconded by Councilmember Rossbach. Ayes - all. , g. Authorize Reduced Parking (3 Votes) Mayor Greavu moved to authorize 31 parking spaces, rather than the;53 spaces required by code, on the following basis: 1. The business is seasonal. 2. The outdoor sales have been conducted since at least 1979 without a parking problem. 3. The garage and canopy could be removed for additional parking if the use changes. Seconded by Councilmember Joker. Ayes - all. h. C.D.R.B. Appeal 1. Mayor Greavu moved to suspend the rules and reopen this portion to the public. Seconded by Councilmember Juker. Ayes - all, 2. Mr. George Dege, the applicant, 2646 Harvester, presented a new design proposal regarding the fence. 3. Mayor Greavu called for persons who wished to be heard. The following stated their views: Don 8schlecht, 825 Mayhill Road, spoke on behalf of Mr. Dreher who was unable to attend the meeting. Lois Gschlecht, 825 Mayhill Road. - 6 - 6/1 4, Mayor Greavu closed the public hearing. 5. Councilmember Anderson moved the adontion of Mr. Dec+e's anneal fnr vh. Seconded by Councilmember Juker. Ayes - all. 2. Code Amendment: Residential Uses and Home Occupations - 2nd Reading (4 Votes) a. Manager McGuire presented the Staff report. b. Director of community Development Olson presented the specifics of the proposal. i C. Councilmember Bastian moved to table until the June 27, 1988 Meeting. Seconded by Councilmember Juker. Ayes - all. 3. Discussion - Emergency Preparedness a. Manager McGuire stated there are two requests to be considered; namely, to fill the vacancy created by the resignation of the Deputy Director and to review proposed changes to Chapter 11 of the City Code titled "Civil Defence ". b. Larry Cude, the Director of Emergency Services, explained the specifics. c. Councilmember Bastian moved to table the request to fill the vacancy until Motion died for lack of a second. d. Mayor Greavu moved to post the Position for Deputy Director for ten days and to advertise in the "Maplewood Review" Seconded by Councilmember Juker. Ayes - Mayor Greavu, Council- members Anderson, Juker and Rossbach Nay - Councilmember Bastian e. Councilmember Bastian moved first reading of an ordinance to amend Chapter 11 of the City Code. Seconded by Councilmember anderson. E. OTHER BUSINESS 1. Brooks Court a. Councilmember Anderson questioned a problem that exists on Brooks Court. - 7 - 6/1 h, Stuff will investigate. F. ADJOURNMENT 9;Vl P.M. The Council zoceuood into a closed ooaoioo regarding pending litigation. City Clerk ~ 8 ^ 0/l Agenda Number 1�7- / Action by Council: TO: City Manager FROM: Finance Director RE: Approval of Claims DATE: July 25, 1988 Endorse Modifie ReJecte - Date It is recommended that the Council approve payment of the following claims: $ 355,297.03 Checks #7866 - #7920 Dated 07 -01 -88 thru 07 -12 -88 $ 71,072.53 Checks #3538 - #3635 Dated 07 -25 -88 $ 426,369.56 Total Accounts Payable Payroll $ 160,261.05 Payroll Checks $ 29,604.76 Payroll Deductions $ 189,865.81 Total Payroll, $ 616,235.37 Grand Total Attached is a detailed listing of these claims. DFF:lnb tr W 0 F t � 3 N W W Js d Q Y £ U W LL 2 p U > iL l- W ti S U U p F 0 N U' m W N U .+ pr >o co V D O O O in O O •0 O N Ill O O H V N O O O 0 O 0 N O N a N I m O Z O N O 09 •0 I[l N r F Ill N r O M 0 N 0 O P M F M .! Ill m N 10 E M m ? 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BMW n w K• H EINZ , E1• E G RAF , DAVID r r. Y M K UUV , JAMES RAZS V ORWERK , ROBERT BERGERON, JOSEPH M ELANDER , JO E JAME M IANE .I STA :• E• S CO TT SARAF :• •E FEH JOSEP N ELSON , KA FLAU GHER , JAYM 1 a llEBEC K, W BWERTH , JUD MEY GERALD KANE :• •E DA ELAUSING H • I ••M • 1 191 FUMID •, r• • a • w F REBERG , R21AM OO LLINS, STEVEN LIN DBLO M, ELEAS JAM P ECK , D 7i 1 P RIEB E, WILLIAM IRISH BRUC d�. 81 JAME GEISSLER MUZER D M , T I OFGREN , JOH i r• • ••� • I w 1,878.78 1,352.68 693.20 1,424.88 1,390.28 1,518.46 1,548.31 1,708.67 1,463.76 1,454.28 1,467.08 1,646.80 1,467.08 1,482.90 1,290.10 941.43 932.87 843.88 799.90 1,593.44 728.86 960.01 1,040.14 1,934.10 986.46 466.17 1,151.32 1,224.68 1,097.82 1,160.22 783.26 1,148.86 887.25 1,160.48 1,108.09 1,596.68 508.00 864.43 1,280.06 1,280.06 1,210.46 1,442.28 1,233.67 1,256.86 880.00 885.66 PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 7 -01 -88 CHECK #4071 - CHECK #4267 la i • • �__. h i n•.•. A DORNBUSCH, AMY $ 212.10 WARD, ROY 406.40 TAUBMAN, DOUGLAS 1,196.68 GREW, JANET 1,024.86 NELSON, JEAN 314.03 HORSNELL, JUDITH 502.84 HUTCHINSON, ANN 392.43 BARTA, MARIE 808.70 DOHERTY, KATHLEEN 914.79 OLSON, GEOFFREY 1,786.10 MISKELL, NANCY 215.36 LTVD4GSIUN, JOYCE 425.71 GENEROUS, ROBERT 666.40 EKSPRAND, THOMAS 1,300.06 JOHNSON, RANDALL 1,267.66 OSTROM, MARJORIE 1,467.08 CARVER, NICHOLAS 1,138.46 WENGER, ROBERT 1,233.66 I.ACASSE, CASEY 230.00 THOMPSON, MICHAEL 210.00 NADEAU, EDWARD 1,173.41 MUIREE, GEORGE 1,104.86 NUES , LAVER4E 1,478.28 BREHEIM, ROGER 1,648.06 EDSON, DAVID 1,167.18 MAI=SON, ERIC 420.00 MULVANEY, DENNIS 1,212.86 SPREIGL, GEORGE 899.26 160,261.05 ICMA RETIREMENT CORPORATION Zl 6,619.66 CITY & COUNTY EMP CR UNION Cl 21,661.00 AFSCME 2725 U1 449.60 MN MUTUAL LIFE INS. 19 -3988 160.00 METRO SUPERVISORY ASSOC. U3 18.00 L.E.L.S. 526.50 NN STATE RMUP1241M SYSTEM Z2 170.00 29.604.76 GRAND TOTAL 189,865.81 PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 7 -01 -88 CHECK #4071 - CHECK #4267 EMPLOYEE NAME GROSS PAY DORNHUSCH, AMY $ 212.10 WARD, ROY 406.40 TAUBMAN, DOUGLAS 1,196.68 GREW, JANET 1,024.86 NELSON, JEAN 314.03 HORSNELL, JUDITH 502.84 HUTCHINSON, ANN 392.43 BARPA, MARIE 808.70 DOH0=, K'TH= 914.79 OLSON, GEOFFREY 1,786.10 MISKELL, NANCY 215.36 LSVINGSIUN, JOYCE 425.71 GENEROUS, ROBERT 666.40 ERYMAND, THOMAS 1,300.06 JOHNSON, RANDALL 1,267.66 OMMM, MARTORIE 1,467.08 CARVER, NICHOLAS 1,138.46 WENGER, ROBERT 1,233.66 LACASSE, CASEY 230.00 THOMPSON, MICHAEL 210.00 NADEAU, EDWARD 1,173.41 MULWEE, GEORGE 1,104.86 NUTISON, LAVERNE 1,478.28 BREHEIM, ROGER 1,648.06 EDSON, DAVID 1,167.18 MARTINSON, ERIC 420.00 MULVANEY, DENNIS 1,212.86 SPREIGL, GEORGE 899.26 160,261.05 191'150 r�i�u7o k' ICMA REITREFffUa CORPORATION Zl 6,619.66 CITY & COUNTY EMP CR UNI0N Cl 21,661.00 AFS(ME 2725 U1 449.60 MN MUTUAL LIFE INS. 19 -3988 160.00 METRO SUPERVISORY ASSOC U3 18.00 L.E.L.S. 526.50 MN STATE RUTIFOMiT SYSTEM Z2 170.00 29.604.76 GRAND TCTA 189,865.81 MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: CDBG Agreement DATE: July 18. 1988 Action by Counoil:t Endorse Modified -- Rojecte - D ate___�____ — Ramsey County is requesting that the city approve a three —year joint cooperation agreement for community development block grant funds. This agreement will allow the county to receive federal grant funds. Maplewood signed a similar agreement in 1985. Maplewood recently received approval for a 8275.000 CDBG grant for the Cottages of Maplewood. T Recommendation Approve the attached resolution and agreement. Attachments 1. Letter 2. Resolution 3. Agreement G l MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: CDBG Agreement DATE: July 18. 1988 Action by Counoil:t Endorse Modified -- Rojecte - D ate___�____ — Ramsey County is requesting that the city approve a three —year joint cooperation agreement for community development block grant funds. This agreement will allow the county to receive federal grant funds. Maplewood signed a similar agreement in 1985. Maplewood recently received approval for a 8275.000 CDBG grant for the Cottages of Maplewood. T Recommendation Approve the attached resolution and agreement. Attachments 1. Letter 2. Resolution 3. Agreement Ramsey County Board of Commissioners ,316 Court House 15 W. Kellogg Blvd. Saint Paul, Minnesota 55102 (612) 298 -4145 June 20, 1988 John Greavu, Mayor City of Maplewood 1630 E. County Road B Maplewood, MN 55109 Dear Mayor Greavu: Warren W. Schaber, Chairman District 6 Diane Ahrens District 4 John T. Finley District 3 Ruby Hunt District 5 Duane W. McCarty District 1 Hal Norgard District 7 Donald E. Salverda District 2 Terry Schutten Executive Director Three years ago, the U.S. Department of Housing and Urban Development, hereinafter referred to as HUD, determined that Ramsey County would be eligible to become an entitlement County and receive an annual allocation in excess of one million dollars. This money would be to undertake housing and community development activities primarily benefiting the suburbs of Ramsey County. Seventeen Ramsey County suburban communities agreed to participate to ensure that a guaranteed annual allocation would be earmarked for the County and those suburban municipalities which desired to participate actively in the program. Last week HUD notified Ramsey County that it would again be eligible to continue participation in this federal program. Our eligibility and actual dollar amount received are based upon the number of jurisdictions which join with us. On August 12, 1985, your City signed a cooperation agreement with the County to ensure our eligibility. If your community had an HRA, you also signed a supplemental HRA agreement. We are again asking that you sign new three -year agreements at this time. In order to meet the HUD deadline, our office must have your new agreements no later than August 15, 1988 The cooperation agreement you are asked to sign is essentially the same as the first one. Only two changes have been made. The first is an additional statement which references a separate agreement which we sign with a sub- recipient at the time that you decide to undertake a specific project. The addition is the final paragraph and may be found on page 8. This is standard County policy and its inclusion in the cooperative agreement is now required by HUD. The second change references program income. In the initial agreement, a paragraph was included regarding program income. This paragraph has been removed entirely as it is more appropriately dealt with on an individual basis depending upon the project which you may undertake. No other changes have been made to the cooperation agreement. Attachment 1 June 20, 1988 Page 2 The supplemental HRA agreement remains unchanged. The County has not changed its position or plans for administering the program over the next three years. SIGNING A COOPERATION AGREEMENT DOES NOT REQUIRE YOU TO ACTIVELY PARTICIPATE IN THE PROGRAM. IT DOES PROVIDE THE COUNTY WITH THE NEEDED POPULATION TO QUALIFY AND INFLUENCES OUR ANNUAL ALLOCATION. Federal regulations also require that we advise you of your opportunity to "opt out" of the County's entitlement and compete directly with other cities in the state's small cities program. We, of course, hope that you will not choose this route, as we feel that the County program is your best opportunity of receiving an allocation for an eligible project. if, however, you do choose to "opt out ", please be advised that you may not have an opportunity to participate with us for the next three years. "Opt out" notification must be made to both the County and the local HUD office no later than July 15, 1988. We have been very pleased with the active participation of several of our municipalities over the last three years. We would like to see more communities who believe that they have an eligible project contact us for the possibility of funding. It is interesting to note that every community that has proposed a project that meets the HUD national objectives and is prepared to proceed has received an allocation for their project. In summary, we ask that y HRA agreements to us no Council Resolution or a indicating the authority agreements should accompany copy to you. Du return the enclosed cooperation and later than August 15, 1988. Either a statement from your legal counsel for the signatories to enter into the them. we will return a fully executed Should you have any questions, or need assistance, please contact Judy Karon, Director of Community and Economic Development, at 292 -6461. She will be happy to assist you. Sincerely, Warren W. Schaber, Chair Ramsey County Board of Commissioners WWS:sab cc: Commissioner Hal Norgard 3 RESOLUTION WHEREAS, the City of Maplewood has participated in the CDBG program in the past and may wish to in the future; and WHEREAS, the city supports the designation of Ramsey County as an entitlement agency. NOW, therefore, the City of Maplewood approves the joint cooperation agreement with Ramsey County. Mayor Attest: City Clerk 0 Ayes -- Nays -- 4 Attachment 2 i M JOINT COOPERATION AGREEMENT THIS AGREEMENT made and entered into by and between the County of Ramsey, State of Minnesota, hereinafter referred to as "COUNTY," and the CITY /TOWN of , hereinafter referred to as "MUNICIPALITY,' said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59. W I T N E S S E T H: WHEREAS, Title I of the housing and Community Development Act of 1974, as amended, provides for a program of community development block grants; and, WHEREAS, Ramsey County, Minnesota qualifies under said law as an "urban county" eligible to receive community development block grant funds; and, WHEREAS, the County's population, among other factors, is a determinant of the eligibility of the County and the amount of resources which may be made available to the County to undertake activities under the afore- referenced law; and, WHEREAS, part 570, Chapter V of Title 24 of the Code of Federal regulations sets forth regulations governing the applicability and use of funds under Title I; and, WHEREAS, Section 570.105, titled "qualifications as urban 5 Attachment 3 county" provides that computation of the County's population may include persons residing in "unincorporated areas" and in "its included parts of general local government with which it has entered into cooperative agreements to undertake or to assist in the undertaking of essential activities pursuant to community development block grants;" and, WHEREAS, it is in the interest of the City /Town of to have its population counted together with other municipalities of Ramsey County who similarly agree; NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. I. DEFINITIONS For the purposes of this Agreement, the terms defined in this section have the meanings given to them: A. "The Act" means the Housing and Community Development Act of 1974, Title I, of Public Law 93 -383, as amended (42 USC 5301 at seg .). B. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. C. "HUD" means the United States Department of Housing and Urban Development. D. "Cooperating Community" means any city or town in Ramsey County which has entered into a cooperation agreement which is identical to this Agreement. The regulations contained in 42 USC 5302 of the Act and 24 2 CFR 570.3 of the Regulations are incorporated herein by reference and made a part hereof. II. PURPOSE Municipality and County have determined that it is desirable and in the interests of its citizens that the County qualifies as an urban county within the provisions of the Act. This Agreement contemplates that identical agreements will be executed between the County and other cities and towns in Ramsey County and such numbers will enable the County to so qualify under the Act. The purpose of this Agreement is to authorize the County to cooperate with the Municipality in undertaking, or assist in undertaking, essential community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing pursuant to community development block grants as authorized in the Act and the Regulations. III. TERM OF AGREEMENT The term of this Agreement is for a period commencing on the effective day of August 31, 1988, and terminating no sooner than the end of the third program year covered by the application for the basic grant amount approved subsequent to the effective date. This Agreement is extended automatically for each subsequent three -year program period unless written notice of termination to be effective at the end of the current three year program period is given by Municipality to County following the same schedule as the "opt out" notification requirements as established by HUD. The County shall provide written notification to Municipality of Municipality's right to "opt 7 out" and terminate this Agreement at least (30) days prior to the "opt out" date. Notwithstanding any other provision of this Agreement, this Agreement shall be terminated at the end of any program year during which HUD withdraws its designation of Ramsey County as an Urban County under the Act. This Agreement shall be executed by the appropriate officers of Municipality and County pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the Municipality in the office of the Ramsey County Executive Director, and in no event shall the Agreement be filed later than August 31, 1988. IV. METHOD The Municipality and County hereby agree that they will cooperate to undertake or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. The County shall prepare and submit to HUD and appropriate reviewing agencies, all necessary applications for a basic grant amount under the Act. In making the application, the County shall address the goals and needs of County as developed in meetings between the Municipality, its citizens and the County, and also addressing the Act and other relevant Minnesota and /or Federal statutes or regulations. The parties agree to cooperate fully in establishing priorities and in preparation of the application for a basic grant amount. Municipality and County agree that the County shall establish a reasonable time schedule for the 8 development of the grant application. In preparing the grant application and allocating grant funds received, the County shall consider projects proposed by the Municipalities. The County reserves the right to propose projects which are both consistent with the mutually- established goals, needs and priorities and within the County's statutory implementation authority. No Municipality shall be required to propose a project. It is anticipated by the parties that the party ultimately implementing a project funded by monies received from the grant may be either the Municipality or the County. The determination, of which party will implement the project will be made by the parties . after consideration of the nature and scope of the project, and the ability of each party to undertake the project, though it is understood by the Municipality that the County shall have final responsibility for selecting projects from among those proposed by the Municipalities and the County and filing annual grant request. The County is hereby authorized to distribute to the Municipality such funds as are determined appropriate for the Municipality to use in implementing a project and the County is hereby authorized to implement projects within the Municipality as are determined appropriate for the County to implement. Contracts let and purchases made pursuant to a project under this Agreement shall conform to the requirements applicable to the entity undertaking the project. V. SPECIAL PROVISIONS Nothing in this Agreement shall be construed to prevent or otherwise modify or abrogate the right of Municipality or County E to submit individual applications for discretionary funds in the event County does not receive designation as an urban county entity under the Act. Nothing in this Agreement shall preclude the Municipality from establishing a Municipal Housing and Redevelopment Authority pursuant to MH Stat. 462.425. Nothing in this Agreement shall be deemed to create a county housing authority pursuant to MN. Stat. 462.426, Subd. 1 -4. Municipality and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of their respective officers, agents and employees relating to activities conducted by either under this Agreement, the Act or the Regulations, up to any applicable statutory limits of tort liability. in the event that there is a revision of the Act and /or Regulations which would make this Agreement out of compliance with the Act or Regulations, both parties will review this Agreement to renegotiate those items necessary to bring the Agreement into compliance. Both parties understand and agree that the refusal to renegotiate this Agreement will result in the effective termination of the Agreement as of the date it is no longer in compliance with the Act and /or Regulations as amended. All funds received by the County under the Act shall be deposited in the County treasury. Municipality and County shall maintain financial and other records and accounts in accordance with the requirements of the its] Act and Regulations. Such records and accounts will be in such form as to permit reports required of the county to be prepared therefrom and to permit the tracing of grant funds and program income to final expenditure. Municipality and County agree to make available all records and accounts with respect to matters covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Such records shall be retained as provided by law, but in no event for a period of less than three years from the date of completion of any activity funded under the Act or less than three years from the last receipt of program income resulting from activity implementation. County shall perform all audits of the basic grant amounts and resulting program income as required under the Act and Regulations. All projects undertaken pursuant to this agreement shall be subject to home rule charter provisions, assessment, planning, zoning, sanitary and building laws, ordinances and regulations applicable to the Municipality in which the project is situated. The parties mutually agree to take all required actions to comply with the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of the Housing and Community development Act of 1974 and with all other applicable requirements of the Act and the Regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate County's responsibility to assume all obligations of an applicant under 11 the Act, including the development of applications pursuant to 24 CFF 570.300 at seq The parties further agree that pursuant to 24 CPR 570.501 (b), the Municipality is subject to the same requirements applicable to subrecipients, including a written agreement as set forth in 24 CFR 570.503. Such agreements are only entered into when a Municipality chooses to propose a project and actually will receive funds from the County's entitlement allocation. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf this day of , 1988. APPROVED AS TO FORM: COUNTY OF RAMSEY, STATE OF MINNESOTA By: A ssistant County Attorney Its: And: Its: CITY /TOWN OF CITY MUST CHECK ONE: The City is organized pursuant to: B a� Phan B C ali rte By: By: Its: 12 l MEMORANDUM TO: City Manager FROM: Thomas Ekstrand, Associate Planner SUBJECT: Joint Resolution of Appreciation DATE: July 7, 1988 Aotluo by Ononoll:i Dudorood��~.~.�.~- Modified-_~^~..~- Rojootod.~~.^^.�~.. Dat Enclosed is a resolution of appreciation for M. Earl Marlow whose membership on the design review board expired. R Rc QnD����ti�D Approve the resolution of appreciation. mb Attachment i JOIN7 /2CSOLLl7ION OF 0P /26CIA7ION NIZER£AS, M. Carl Marlow Pecame a mem&ea o/ the Community Deaiyn Review [?oa/zd o/ Maplewood on May 22, 9986 and hay hewed �Paithlully in that capaci..ty/ 1911£/2£AS, he has lAeely given of hia iimz and enenyy, without compenaat.Lon, /on the getteiiment of the City of Maplewood; and dJh'£/2£AS, he ha ,6 ehown a ince to ded icai Lon io hiz dut tea and ha.3 coa i i 6ient2y contuAuted him leadeA,3h,i12 and el ) eont in many wayh boa the getwa t oZ .the city. NOW 78£/2£r0/2£, 17 IS 9t£/2£[3y RESOLVED ) eon and on 6ehal� o� the City o/ Maplewood, Ninnewia, and the c.it.izenh o the city, that M. £anl MaRlow i6 het ay ert_ende.d out heantlel_t y2aii,tude and appiteciation ion h,:h dedLcated he v -ice and we wiah him continued hucce" in the lutune. P",3ed ly the Council o/ the Cil y o,2 Maplewood thlh day o/ July, 9988. Prvhed Ay the Community Dehiyn /2ev.Lew Boared o2 .the City o� Maplewood th.iz day of July, 9988. A.t to 6.t. John y2eauu, Mayo2 �._._ . [�aiald Vie, a iceman Luci_2le £. Awte&ue, Cteirk Action by Counoil:l Endorsed Modified— Rejecte _ Date MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: OWNER: PROJECT: DATE: City Manager Thomas Ekstrand— Associate PUD Renewal 1690 McKnight Road Welsh Companies, Inc. CNP Hillside Partners Hillside Shopping Center July 18, 1988 Planner SUMMARY Introduction The applicant is requesting renewal of the planned unit development (PUD) for the Hillside Shopping Center. This multi— tenant center includes a Tom Thumb superette with fuel sales. Background On July 27, 1987, council granted a conditional use permit for this PUD subject to eight conditions. See page 7. Ordinance Requirements Section 36 -992 (e) states that all conditional use permits shall be reviewed by the council within one year of the date of initial approval. unless such review is waived by council decision or ordinance. At the one —year review, the council may specify an indefinite term or specific term, not to exceed five (5) years, for subsequent reviews. The council may impose new or additional conditions upon the permit at the time of the initial or subsequent reviews. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Any conditional use that meets the agreed upon conditions and is later disallowed because of the city enacting or amending official controls shall be considered a legal nonconforming use. Discussion Phase I is over half full and the applicant is anticipating starting Phase II next summer. Staff sees no reason to deny this request. A two —year renewal period is appropriate so that the PUD can be reviewed again after the construction of Phase II. Recommendation Renewal of the PUD for two years for the Hillside Shopping Center, subject to the original conditions of approval. mb Attachments: 1. Land Use Plan Map 2. Property Line /Zoning Map 3. Site Plan 4. Applicant's letter dated June 2, 1988 5. PUD conditions dated July 27, 1987 2 Holloway CD ca a Y f0 irpenteur Hillside NEIGHBORNOOD OD LAND USE PLAN (Existing) Attachment 1 N 3- i »� (.,r v lz p (tl ' (W) e 1a(•y W , (u) e y Iq(`n J . C�9e 12(-) ¢ F- °bpe eud � �na i rnt fiy o Ij (u) a ccit� Y „ '0 nn 9 Hr lu GJ (� 11 E•9 p `V .`. 10 II Vo ��1e)1 e6a) 1 e .bWILLIAM PIPELIN S SRO �— 'wl____��. ";•+ in.i • n fi p-0 I I n N �( "1.� • On yam_ „ =z '�:4 ot, _ _ (V A a t w Hp�� ip ?1 709 Cat". ) O .11.<. oln T W 1695`}}� ; �3 3 to N 3 4,) ,� e ■�i1Yi'�R ... P i °°gyp ' -� h1APLEW00D 10 N O ..bit ; tl&L-i = APARTMENTS b cc 11 1t.1 _ ~ 122511. +. n tE aH.- E�t.EaF�# fA�1Et 11111. - L-ARPEW��UR .��ma��l����a�����Mi ST. PAUL ... . . - f p ►f.re' . rare unCn „�' xe N) ff) 0) W C7 z 334 3 1 w a ' l -may PROPOSED CAVE'S fce a ! +1 i CURRIE STREET ADD'N 4 ,» p ki 4 • jl w 0 HI'LLCREST GOLF COURSE r ° - - - s_.L '.Lim °- �' ? -J m - (t,) i - —� To i.� —LTi � w 19oae. 1 } 7 2 � J7 J_ , PROPERTY LINE / ZONING MAP 4 4 N Attachment 2 I I i 1 1 I tae? I lose v ! Construction -- danstru rur. wmr. .N aua paver. In. ('' II 1 i i I ; i Lerpanteur Avenue Q 31ta Plan an.; I• uo••e• I SITE PLAN 5 Attachment 3 0 N WelshCompanies June 2, 1988 Mr. Thomas Ekstrand City of Maplewood 1830 East County Road B Maplewood, MN 55109 RE: Conditional Use Permit Hillside Shopping Center Dear Tom: Welsh Companies, Inc. 11200 West 78th Street Eclen Prairie, Minnesota 55344 6129445810 894 — V L , ? v Please take this letter as our request for renewal of the conditional use permit for the planned unit development at the corner of McKnight and Larpenteur Road known as the Hillside Shopping Center. We are in the process of designing Phase II of that project and would appreciate the renewal of the conditional use permit for the PUD. If you need any additional information, please let me know. Very truly yours N. IBarker Companies, Inc. DNP /lmy Attachment 4 6 Real Estate Development • Construction • Brokerage • Properly Management • Investment Services 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detri4ntal to the welfare of the City. 9. The use Vfuld preserve and incorporate the pond on the site into the develtipment design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Adherence to the site plan and conditions approved by the Community Design Review Board. Future changes to the site plan may be approved by the B66rd. 2. All uses Ohall conform with the BC (M), business commercial (modified) zoning district requirements. 3. External speakers shall be directed away from the dwelling units and the sound': shall not exceed fifty decibels (normal conversation level) at the rehidential property line. 4. The maxirdim building height shall be one story. 5. There shall be no exterior storage or sale of goods or merchandise. 6. The propo`s'ed construction must be substantially started within one year of douncil approval or the permit shall become null and void. A six -month time extension may be requested as allowed in Section 36- 442(d) of City code. 7. There shall be no vents for the underground fuel tanks within 200 feet of an existing residence or the buildable area of the planned undeveloped lots in the Currie Street Addition, south of Larpenteur Avenue. 8. The type and anchoring of underground storage tanks must be approved by the City Fire Marshal. The tanks shall be strapped to a concrete slab. Seconded by Mayor Greavu. Ayes - all. Attachment 5 L AGENDA ITEM F 1 Action by Council:. .AGENDA REPORT Endorsed TO: City Manager Modified. FROM: Assistant City Engineer Rejecte ' SUBJECT: Meyer Street Water Main, Project 87 -13 -- Dates. Assessment Hearing DATE: July 20, 1988 INTRODUCTION Transmitted herewith is a copy of the assessment record for the subject project. The attached resolution adopts the assessment roll. Bids for this project were received, on June 17, 1988. The low bid was for 830,624.00. The construction cost estimate presented in the feasibility report was 836.524.00. The proposed assessment roll provides funding for all of the construction cost plus current and estimated indirect costs of the total project cost of 842,655.45. RECOMMENDATION It is recommended that the assessment roll be adopted as prepared. jw Attachment RESOLUTION ADOPTION OF THE ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the city council has met and heard and passed upon all objections to the proposed assessment for the construction of Meyer Street Water.Main, as described in the files of the city clerk as Project 87 -13, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a coy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement int he amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 19 years, the first of the installments to be payable on or after the first Monday in January 1990, and shall bear interest at the rate of nine (9.0) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1988. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the council, as authorized by Minnesota Statutes_ Section 420.051, to.reimburse the city by adding any portion of .the cost so paid to the assessments levied for any of ,.such later extension or improvements. 5. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended don the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. AGENDA ITEM �- AGENDA REPORT T0: City Manager Action by Council: FROM: Assistant City Engineer Endorsed... -__„__ SUBJECT: Boxwood Avenue, Project 87 -19 -- Modifi.ed._ Assessment Hearing Re�octod DATE: July 20, 1988 Date____ . INTRODUCTION Transmitted herewith is a copy of the assessment record for the subject project. The attached resolution adopts the assessment roll. BACKGROUND Bids for this project were received on June 17, 1988. The low bid was for $129,788.20. This compares with the estimated construction cost of $170,812.00 presented in the feasibility report. The total project cost of $173,517.00 includes the actual construction cost plus current and estimated indirect costs. The proposed assessment roll provides for a recovery of $159,875.13. The balance of $13,641.87 is proposed to be financed from the hydrant fund. The hydrant fund expenditure covers the cost of the water main interconnect between Snowshoe Lane and Boxwood Avenue, which serves a district wide purpose. RECOMMENDATION It is recommended that the assessment roll be adopted as prepared. jw Attachment S� RESOLUTION / 1 ADOPTION OF THE ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the city.council has met and heard and passed upon all objections to the proposed assessment.for the construction of Boxwood Avenue' McKnight Road to Dorland Road, as described in the files of.the city clerk as Project 87 -19, and has amended such proposed assessment as it deems just, NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a coy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement int he amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments .extending over a period of 19 years, the first of the installments to be payable on or after the first Monday in January 1990, and shall bear interest at the rate of nine (9.0) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1988. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the council, as authorized by Minnesota Statutes Section 420.051, to reimburse the city by adding any portion.of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended don the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. AGENDA ITEM /- - 3 AGENDA REPORT Action by Council: TO: City Manager Endorsed. — FROM: Assistant City Engineer Mndifie SUBJECT: Highway 61 Water Main, Project 87 -44 -- Assessment Hearing Rejecte DATE: July 20, 1988 - Date - INTRODUCTION Transmitted herewith is a copy of the assessment record for the subject project. The attached resolution adopts the assessment roll. BACKGROUND Bids for this project were received on June 17, 1988. The low bid was in the amount of $129,484.30. This compares with $148,877.40 for the construction cost given in the feasibility report. The total project cost, including the bid construction cost and current and projected indirect Costs, is $194,218.97. The proposed assessment roll recovers $64,303.42. The hydrant fund is to finance the balance of $129,915.55. For reference, the agenda report for the public hearing proposed financing of $107,734.13 and $105,386.00 from assessments and the hydrant fund, respectively. RECOMMENDATION It is recommended that the assessment roll be adopted as prepared. iw Attachment RESOLUTION ADOPTION OF THE ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the city council has met and heard and passed upon all objections to the proposed: assessment for the construction of Highway 61 Water:Main--Kohlman Avenue to Beam Avenue, as described in the files of the city clerk as Project 87 -44, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a coy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement int he amount of the assessment levied against it., 2. Such assessment shall be payable in equal annual installments extending over a period of 19 years, the first of the installments to be payable on or after the first Monday in January 1990, and shall bear interest at the rate of nine (9.0) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1988. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessment,s on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when . changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not.herein assessed, therefore, it is .hereby declared to be the .intention of the ,council, as authorized by Minnesota Statutes Section 420:05 1, to. reimburse the city by adding any portion of.the cost_so paid to the assessments levied for any of such later extension or improvements. 5. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended don the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 61 MEMORANDUM To: Michael A. McGuire, City Manager From: Robert D. Odegard, Director of Parks & Subj: Rejection of Bids for Park Improvement Date: July 22, 1988 Action by Counoila r4` Endorse' Modifie Rejecte Recreation Projects P Bids for general site construction at Playcrest, Geranium, and Sherwood Neighborhood Parks, and Hazelwood Soccer Complex were opened at 11:00 a.m. on Wednesday, July 20, by Park Planner Keith Wehrman and myself. Bids for general construction and bid alternates were duly recorded and analyzed. After review, it was determined that the bids were over our anticipated bud- get for Playcrest Park. We were led to believe that the excess material on Playcrest Park could be sold by contractors and would thus have a value. The market is such, at this time, that the contractors do not have a need for the material, and thus there would be a cost to the City to have the materials removed from Playcrest Park. Recommendation It is recommended that the City Council reject all bids for Park Improvement Project 88 -1P for general site construction at Play- crest Neighborhood Park, Hazelwood Soccer Complex, Geranium Neighborhood Park, and Sherwood Neighborhood Park which were opened on July 20, 1988. It is further requested that the City Council authorize the re- bidding of this project, which will be Park Improvements 1988 -2P. c: City Clerk U)SCu XvPoSeS L Chapter 11 Action by Council CIVIL DEFENSE* Endorse Sec. 11 -1. Declaration of necessity and policy Modifie Rejecte Because of the existing and increasing possi15&1 *__.rof the. occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake, man -made or other natural causes, and in order to insure that preparations of this city will be adequate to deal with., such disasters, it is hereby found and declared to be necessary: (1) To establish a local emergency management [services] agency; (2) To provide for the exercise of necessary powers during civil defense emergencies; (3) To provide for the rendering of mutual aid between this city and other political subdivisions of this state and of other states with respect to the carrying out of civil defense functions. (Ord. No. 378, S 601.010, 10- 17 -74; Ord. No. 565, S 1, 2- 27 -84) State law reference -- Similar provisions, M.S. S 12.02, subd. 1. Sec. 11 -2. Definitions. For the purpose of this chapter, the following words, terms and phrases shall have the following meanings respectively ascribed to them: Civil defense emergency means an emergency declared by the governor under Minnesota Statutes, Section 12.31. Civil defense forces means any personnel employed by the city and any other volunteer or paid member of the local civil defense agency engaged in carrying on civil defense.functions in accordance with the provisions of this chapter or any rule or order thereunder. Emergency management [services] means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage, or other enemy hostile actions, or from fire, flood, earthquake, man -made or other natural causes. These functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, air -raid warning *Cross reference -- Administration, Ch. 2. State law reference -- Minnesota civil defense act of 1951, M.S. Ch. 12. LEGEND: Hold -- additions to ordinance [Brackets] -- deletions from ordinance services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities.necessary or incidental to preparation for and the carrying out of the foregoing functions. (Ord. No. 378, S 601.020, 10- 17 -74; Ord. No. 565, S I 2- 27 -84) Sec. 11 -3. Office of emergency management [services] (civil defense agency); director of emergency management [services] etc.,. There is hereby created within the city government a civil defense agency which shall be named the office of emergency management [services] which shall be under the supervision and control of a director of emergency management [servicesl hereafter called the director. The director shall be appointed by the mayor, ratified by the council, report administratively to the city manager, rand] shall serve for an indefinite term, and shall receive a salary determined by the council. In a civil defense emergency he may be removed by the mayor summarily or suspended, and at other times he may be removed by the mayor, ratified by the council, for cause after an opportunity to be heard. The director shall have direct responsibility for the organization, administration and operation of the emergency management [services] agency, subject to the direction and control of the council. The emergency management [services] agency shall b organized into such divisions and bureaus, consistent with state and local civil defense plans, as the director deems necessary to provide for the efficient performance of local civil defense functions during a civil defense emergency. The emergency management [services] agency shall perform civil defense functions within the city and in addition shall conduct such functions outside the city as may be required pursuant to the provisions of the Minnesota civil defense act of 1951, Minnesota Statutes, Chapter 12, or this chapter. (Ord. No. 378, S 601.030, 10- 17-74; Ord. No. 565, S 1, 2- 27 -84) State law references -- Requirement that each city establish a local organization for civil defense, M.S. S 12.25, subd. 1; appointment, powers, duties, etc., of director, M.S. S 12.25, subd. 1. Sec. 11 -4. Powers and duties of director of emergency management [services] (a) The director of emergency management [services] with the consent of the council, shall represent the city on any regional or state organization for civil defense. He shall develop proposed mutual aid agreements with other political subdivisions within or outside the state for reciprocal civil defense aid and assistance in civil defense emergency too great to be dealt with unassisted, and he shall present such agreements to the council for its action. Such arrangements shall be consistent with the state civil defense plan and during a civil defense emergency it shall be the duty of the civil defense agency and civil defense forces to render assistance in accordance with the provisions of such mutual aid agreements. Any mutual aid arrangement with a political subdivision of another state shall be subject to the approval of the governor. (b) The director shall make such studies and surveys of the manpower, industry resources, and facilities of the city as he deems necessary to determine their adequacy for civil defense and to plan for their most efficient use in time of a civil defense emergency. (c) The director shall prepare a comprehensive general plan for the emergency management [services] agency of the city and shall present such plan to the council for its approval. When the council has approved the plan by resolution, it shall be the duty of all municipal agencies and all emergency services forces of the city to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The director shall coordinate the civil defense activities of the city to the end that they shall be consistent and fully integrated with the civil defense plan of the federal government and the state, and correlated with the civil defense plans of other political subdivisions within the state. (d) In accordance with the state and city emergency management [servicesl plan, the director shall institute such training programs and public information programs and shall take all other preparatory steps, including the partial or full mobilization of civil defense forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the city emergency management [services] plan in time of a civil defense emergency. He may, from time to time, conduct such civil defense exercises as he may deem necessary. (e) The director shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the city to the maximum extent practicable. The officers and personnel of all such departments and agencies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the local emergency management [services] agency and to the governor upon request. The head of each department and agency, in cooperation with land under the directions ofl the director, shall be responsible for the planning and programming of such civil defense activities as will involve the utilization of the facilities of his agency or department. (f) The director shall, in cooperation with existing city departments and agencies affected, organize, recruit and train [auxiliary Police, emergency medical personnel, and ] any other personnel that may be required on a volunteer basis to carry on the emergency management [services] plans of the city and the state. To the extent that such emergency personnel is recruited to augment a regular city department or agency for civil defense emergencies, it shall be assigned to such department or agency for purposes of administration and command. The director may dismiss any civil defense volunteer at any time and require him to surrender any equipment and identification furnished by the city. (g) Consistent with the emergency management [servicesl plan, the director shall provide plans and develop resources necessary to make available legui emergency hospitals, casualty stations, ambulances.] canteens, evacuation centers, and other facilities, or conveyances for the care of injured or homeless persons. (h) The director shall carry out all orders, rules and regulations issued by the governor with reference to civil defense. (i) The director shall [direct and coordinate the general operations of all local emergency management [services] forces during a civil defense emergency in conformity with controlling regulations and instruction of state civil defense authorities. The heads of departments and agencies shall be governed by his orders Ln respect thereto.] (j) Consistent with the emergency management [services] plan, the director shall provide and equip at some suitable place in the city a control center and, if required by the state civil defense plan, an auxiliary control center to be used during a civil defense emergency as headquarters for [direction and coordination of emergency services forces. He shall arrange for representation at the control center by municipal departments and agencies, public utilities and other agencies authorized by federal or state authority to carry on civil defense activities during a civil defense emergency. He shall arrange for the installation at the control center of necessary facilities for communication with and between heads of civil defense divisions, the stations and operating units of municipal services and other agencies concerned with emergency management [services] and for communication with other communities and control centers within the surrounding area and with the federal and state agencies concerned. (k) During the first thirty (30) days of a civil defense emergency, if the legislature is in session or the governor had coupled his declaration of the emergency with a call for a special session of the legislature, the director may, when necessary to save life or property, require any person, except members of the federal or state military forces and officers of the state or any other political subdivision, to perform services for civil defense purposes as he directs, and he may commandeer, for the time being, any motor vehicle, tools, appliances or any other property, subject to the owners's right to just compensation as provided by law. (Ord. No. 378, S 601.040, 10- 17 -74; Ord. No. 565, S 1, 2- 27 -84) Sec. 11 -5. Workers and volunteers; compensation; oath; identifying insignia; carrying firearms; applicability of city personnel procedures. (a) No person shall be employed or associated in any capacity in the emergency management [services] agency who advocates or had advocated a change by force or violence in the constitutional form of government of the United States or in this state or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment for information charging any subversive act against the United States. Each person who is appointed to serve in the emergency services agency shall, before entering upon his duties, take an oath in writing before a person authorized to administer oaths in this state, or before any officer of the state department of civil defense or the director. The oath shall be substantially in the form prescribed by Minnesota Statutes, Section 12.43, and reads as follows: "I , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Minnesota against all enemies; foreign or domestic; that I will bear true faith and allegiance to the same, that I take this obligation freely, without any mental reservation of purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the Government of the United States or of this state by force or violence; and that during such time as I am a member of the City of Maplewood, Minnesota, civil defense agency, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States, or of this state, by force or violence." (b) Emergency management [services] volunteers shall be called into service only in case of a civil defense emergency or a natural disaster for which the regular municipal forces are inadequate or for necessary training and preparation for such emergencies. All volunteers shall serve without compensation. (c) Emergency management [servicesl volunteers shall be provided with such suitable insignia or other identification as may be required by the director. Such identification shall be in the form and style approved by the federal government. No volunteer shall exercise any authority over the persons or property of others without his identification. No person, except authorized volunteers, shall use the identification of a volunteer or otherwise represent himself to be an authorized volunteer. (d) No emergency management [services] volunteer shall carry any firearm while on duty, except on written order of the chief of police department. (e) Personnel procedures of the city applicable to regular employees shall not apply to volunteer emergency management [services] workers, but shall apply to paid employees of the emergency management [services) agency. (Ord. No. 378, S 601.050, 10- 17 -74; Ord. No. 565, 1, 2- 27 -84) State law reference -- Similar provisions to subsection (a), M.S. S 12.43. Sec. 11 -6. Emergency regulations. (a) Wherever necessary to meet a civil defense emergency or to prepare for such an emergency for which adequate regulations have not ben adopted by the governor or the city council, the mayor may by proclamation promulgate regulations, consistent with applicable federal or state law or regulation respecting: Protection against air raids; the sounding of air -raid alarms; the conduct of persons and the use of property during alarms; the repair, maintenance and safeguarding of essential public services; emergency health, fire and safety regulations; trial drills or practice periods required for preliminary training; and all other matters which are required to protect public safety, health and welfare in civil defense emergencies. No regulation governing observation of enemy aircraft, air attack, alarms or illumination during air attacks shall be adopted or take effect unless approved by the state director of civil defense. (b) Every proclamation of emergency regulations shall be in writing and signed by the mayor, shall be dated, shall refer to the particular civil defense emergency to which it pertains, if so limited, and shall be filed in the office of the city clerk, where a copy shall. be kept posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability of reinspection at the clerk's office shall be conspicuously posted at the from of the city hall or other headquarters of the city and at such other places in the affected area as the mayor shall designate in the proclamation. Thereupon the regulation shall take effect immediately or at such later time as may be specified in the proclamation. By like proclamation, the mayor may modify or rescind any such regulation. (c) The city council may rescind any such regulation by resolution at any time. 3f not sooner rescinded, every such regulation shall expire at the end of three (3) days after its effective date or at the end of the civil defense emergency to which it relates, whichever occurs first. Any ordinance, rule or regulation inconsistent with an emergency regulation promulgated by the mayor shall be suspended during the period of time and to the extent that such conflict exists. (d) During a civil defense emergency, the city is, notwithstanding any statutory provision to the contrary, empowered, through its governing body acting within or without the corporate limits of the city, to enter into contracts and incur obligations necessary to combat such disaster by protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. The city may exercise such powers in the light of the exigencies of the disaster without compliance with time consuming procedures and formalities, prescribed by law pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, limitations upon tax to, publication of ordinances and resolutions, publication of calls for bids, provision of civil service laws and rules, provisions relating to low bids, requirements for budgets. (Ord. No. 378, S 601.060, 10- 17 -74) State law reference - -Local emergencies, M.S. s 12.29. Sec. 11 -7. Fiscal matters; reports. (a) There is hereby established an account in the general fund to be known as the emergency management [servicesl account. Into this account shall be placed the proceeds of taxes levied for civil defense, money transferred from other funds, gifts and other revenues of the emergency management [services] agency. From it shall be made expenditures for the operation and maintenance of the emergency management [services] agency and other civil defense expenditures. (b) The director shall, as soon as possible after the end of each fiscal year, prepare and present to the city council for the information of the council and the public, a comprehensive report of the activities of the emergency management rservicesl agency during the year. (Ord. No. 378, S 601.070, 10- 17 -74; Ord. No. 565, S 1 2- 27 -84)' Sec. 11 -8. intergovernmental cooperation; supremacy of controlling federal and state law; deputizing of federal or state officers as special policemen. (a) Every officer and agency of the city shall cooperate with federal and state authorities and with authorized agencies engaged in civil defense and emergency measures to the fullest possible extent consistent with the performance of their other duties. (b) The provisions of this chapter and of all regulations made thereunder shall be subject to all applicable and controlling provision of federal and state laws and of regulations and orders issued thereunder and shall be deemed to be suspended and inoperative so far as there is any conflict therewith. (c) The city chief of police may appoint any qualified person holding a position in any agency created under federal or state authority for civil defense purposes as a special policeman of the city, with such police powers and duties within the city incident to the functions of his position, not exceeding those of a regular policeman of the city as may be prescribed in the appointment. Every such special policeman shall b subject to the supervision and control of the chief of police and such other police officers of the city as the chief may designate. (Ord. No. 378, S 601.080, 10- 17 -84) State law reference - -State policy that civil defense functions be coordinated amongst and between governments, M.S. S 12.02, subd. 2. Sec. 11 -9. Governmental immunity; nonliability of workers and volunteers; exceptions. All functions hereunder and all other activities relating to emergency management rservicesl are hereby declared to be governmental functions. The city, and except in cases of willful misconduct, its officers, agents, employees or representatives engaged in any emergency management [services] activities, while complying with or attempting to comply with the Minnesota civil defense act of 1951, Minnesota Statutes, Chapter 12, or with this chapter or any rule, regulation or order made thereunder, shall not be liable for the death of or injury to persons, or damage to property as a result of such activity. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter or under the workmen's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. (Ord. No. 378, S 601.090, 10- 17 -74; Ord. No. 565, S 1, 2- 27 -84) Sec. 11 -10. Prohibited illumination a nuisance. Any illumination within the city contrary to the provisions of this chapter or any other ordinance pertaining to emergency management fservicesl or of any regulation adopted thereunder or of any federal or state law, regulation or order shall be deemed a public nuisance. Any regular (or auxiliary) policeman may abate such nuisance summarily or may take any other action necessary to enforce such provisions, including entry on private property and the use of whatever reasonable force is necessary. (Ord. No. 378, S 601.100, 10- 17 -74; Ord. No. 565, S 1, 2- 27 -84) Sec. 11 -11. Political activities. The emergency management _[services] agency shall not participate in any form of political activity nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a legitimate labor dispute. (Ord. No. 378, S 601.110, 10- 17 -74; Ord. No. 565, S 1, 2- 27 -84) State law reference -- Similar provisions, M.S. S 12.44. Sec. 11 -12. Penalty for violations of chapter. Any person who violates any provision of this chapter or of any regulation adopted thereunder relating to acts, omissions or conduct, other than official acts of the city officers or employees, shall be guilty of a misdemeanor. (Ord. No. 378, S 601.120, 10- 17 -74) State law reference -- Penalty for violation of Minnesota civil defense act of 1951, M.S. S 12.45. EMERGENCY SERVICES The function of Emergency Services is often misunderstood by the public and frequently by the jurisdictions that actively support and /or directs it's operation. For that reason, we would.take this opportunity to define the roll and responsibilities of this office as applicable to this city. The function of Emergency Services may be divided into three major categories: Preplanning As with any provider of a product, whether hard goods or services, commercial or governmental, a regular and necessary activity is that of planning. Capitol equipment purchases, budgeting, expansion of services and so on are all planned to maximize the expected benefit from capital invested. Relating this to Emergency Services, one of the primary responsibili- ties of this office is to develop plans and to identify resources to be utilized in time of emergency. The first step in this process is to identify the potential hazards to the city, then to prioritize them in terms of the likelihood that such an event would take place. Even though we have had an earthquake in Minnesota, little, if any, time would be spent planning for another one. A tornado however is a much more viable event and would therefore be at, or near, the top of the priority list. Preplanning may be defined in five general statements. For purposes of clarity, additional examples and /or comments are added. 1. Provide information to the public to allow maximum self - protection. Distribution of published pamphlets provided by federal and state agencies. Surveys of businesses, schools and nursing homes, providing information on emergency procedures and shelter areas and assisting in the development of their plan. Publish articles in local newspapers and other print media. Develop and distribute posters and /or other appropriate materials. Sponsor training sessions such as First Aid, CPR, Skywarn, 4X4, radiological and warning siren monitoring. Actively participate in programs such as Tornado Awareness Week, and Maplewood Awareness Days. Develop and give presentations to a variety of organizations such as schools, nursing homes, city departments, fire departments, day care, etc. 2. Develop methods to warn the public of impending danger. Outdoor Warning Sirens. Within the past year this office has had major involvement in the selection and local installation of the new radio controlled warning system. This new system will enable us to selectively activate warning sirens in specific geographic locations. The old system did not provide this flexibility. Local radio and television. We are currently working with the Cable Commission to provide access to specific channels to disseminate warning messages. In addition we have provided television news interviews in a number of situations. Promote the purchase of weather alert monitors. In each of our presentations, the purchase of weather alert monitors is consistently stressed. It is also stressed to have an effective shelter plan in place for employees and the public. In the event of a long term event, such as a developing winter storm, the print media. Door to door and public address. In the event of an emergency involving a specific area these methods would be employed. 3. Define and develop the resources within the city, and to establish access to resources outside of the city. [Due to the complexity of this area, only the highlights will be noted.] Establish lists of personnel and equipment within the city. Through mutual aid agreements and agreements of understanding, develop lists of support equipment available when ours is fully utilized. Real time assistance from other Metro Emergency Services Directors. Through the State Duty Officer access to the: (partial listing) Environmental Pollution Agency Dept. of Natural Resources National Guard Hazmat truck Dept of Health Regional Director Poison Control Center which, in addition to poisons, also provides information on chemicals in the event of chemical spills. 4. Work with city departments and businesses to develop individual plans and procedures to be activated in time of emergency. Over the past several years this office has worked with various departments, as requested, to assist them in developing plans to provide for the continuance of necessary city emergency functions. Regularly test written plans to insure their workability and to correct deficiencies. We work with businesses, schools, nursing homes, day care centers, mobile home parks, etc. on a continuing basis to review and update plans. Two major plans for the city exist today. The first is formatted per state and federal guidelines. This plan is reviewed annually and is required by federal and state agencies to maintain eligibility for federal funding support. The second plan consists of several subplans addressing specific potential hazards to the city. These plans are based on past experiences within our city and in real time emergency assistance to other communities. With our past experiences and training, we have developed plans needed in an emergency. 5. Develop communications nets that will effectively meet our needs in an emergency. The police and fire radio network located in City Hall is the primary net for the city. However, it has been demonstrated that in time of emergency primary nets will become overloaded quickly. There is a need therefore for secondary means of communication for the non - emergency traffic. For that reason Emergency Services applied for and received a separate channel from the FCC for such traffic. Over the years we have purchased radio equipment supplemented with donated used equipment. A base station has been developed in the EOC area with the capability of communicating on the primary fire and police channels should they be lost and to provide a base for the Maplewood Emergency Services net. In addition, the equipment provides direct communication with Ramsey County and other area Emergency Services organizations. This Emergency Services net is used frequently by our volunteers in Skywarn, 4X4 and other units. Arrangements have been made with Ramsey County to provide assistance as needed to supplement our operation. In addition, contacts have been established with amateur radio clubs to provide a communications net in an emergency. To provide the necessary support for this communication net, the Director and Deputy Director are actively studying to become licensed amateur radio operators. While the above steps are simplistic in appearance, each requires significant effort to put in place a viable and useful operational plan with appropriate support personnel training, and equipment. SITUATION A common misconception is that during an emergency, Emergency Services takes over and directs the activities of the various departments in city government. This preconceived fear not only creates turf problems during the planning stages, but during an emergency situation it can have a significant negative impact on the overall effectiveness of all concerned. There is no logical reason for Emergency Services personnel t6 preempt the expertise of police, fire, public works, or any other department in the city. We are fully cognizant of the existing ordinance that specifies the function of this department in an emergency. Perhaps at the time of writing it was appropriate, however it's validity today is question- able. For that reason we are currently reviewing the existing city ordinance as it relates to the function and responsibility of Emergency Services during an emergency, and will recommend changes to the Mayor, City Council and City Manager. The function of Emergency Services is to preplan for a variety of emergencies, then assist the individual disciplines in developing theirs. During an actual situation 'it is our responsibility to: 1. Work with the various departments to coordinate their efforts with other departments or agencies. 2. Provide experts to assist the first responder in the identification and /or size up of the incident, particularly in the case of a chemical situation, and to assist in the development of the protocol. 3. Assist in evacuation planning and execution, and to arrange for transportation, food, and shelters. 4. Provide an on -site communication /command post capable of handling on -site communication traffic, and provide an operational base for incident commanders. 5. Keep the Mayor, City Council and City Manager fully appraised of the situation as it develops and to recommend courses of action in areas such as emergency declaration, securing national guard assistance, contracting with private agencies, etc.. 6. Solicit assistance of area Emergency Services Directors. 7. Disseminate information to the public and the media. 8. Maintain appropriate logs for potential expenditure recovery. 9. Make appropriate notifications to State agencies as required by law. It is recognized that a brief period of time will be needed to establish the size and location of the disaster and to appropriately respond to it. A well developed plan is intended to minimize this time frame. RECOVERY Many of the activities of recovery are the continuation of actions initiated during the actual emergency. This is the period of time, usually 2 to three days following a major disaster, when the reconstruction process begins. Considerations at this time include but are not limited to: 1. Determine state and federal assistance programs, such as low cost loans. 2. Consolidate records of expenditures, resources consumed, payroll expenditures, equipment repairs, mutual aid resource incurred costs, damage to public property, etc. for submittal to state and federal agencies for reimbursement. 3. Assessment of damages and surveying of affected areas can take several hours or days depending on the severity of the disaster. Plans have been developed to put the damage assessment teams in action immediately following a disaster. 4. To provide for religious and psychological support for victims. SUMMARY It is recognized that Maplewood is unique, particularly in it's configuration. In severe weather such as tornadoes, Maplewood presents a significant exposure to storms out of the southwest. In addition to weather, the city also has three major Interstates adjacent to or bisecting the city, plus two railroads. These commercial arteries are always subject to a major transportation accident. We recognize that we have no control or knowledge of the materials, many assuredly extremely hazardous, that pass through our city daily. Our best defense is to plan, train and equip to effectively meet the need should it arise. For that purpose the Office of Emergency Services develops a variety of programs to mitigate potential disasters. In other communities, the responsibility of Emergency Services is shared by another department or an individual with other city related duties. In most cases there is a loss of continuity, lack of time to develop effective programs and Emergency Services becomes just a lip service to getting federal funding. To be effective, Emergency Services must be a standalone organization with people dedicated to it's purpose and not the subject of irresponsible power plays and politics. Action by Council: _ Endorsed Rejecte Date REALTY WORLD® — Streeter- Andrus 880 West 78th Street, P.O. Box 623, Chanhassen, MN 55317 Telephone: (612) 934-5977 July 6, 1988 Geoff Olson Director Economic Development City of Maplewood 1830 East County Road B Maplewood, MM 55109 Dear Geoff: Thank you so much for your assistance in answering questions regarding development in Maplewood. Per our latest phone conversation, I would like to request a place on your city council meeting as soon as is possible. The reason for the request is to introduce our project to the city and to request rezoning of current R3 and R2 zoning to PUD for this project.' Again, thank you for your help and I look forward to meeting with you on Friday, July 8th at 9:OOam. Res ec fu�lllly, R6xAnn K �Lund Agent for Developer cc: M.R. Wiley & Associates '� : 5, lI1weJ Carne/ of //dSJ 4wre Fng/Is� THE RESULTS PEOPLE: Each office independently owned and operated INTRODUCTION Ramsey County has received bids for the subject project. The Ramsey County construction engineer has recommended that the award of contract be made to Danner, Inc. In accordance with the cooperative agreement between Ramsey County and Maplewood, which was approved by the city council on April 25, 1988, Ramsey County is requesting concurrence with the award of bid. BACKGROUND The following table presents a comparison of Maplewood's share of the estimated construction cost as presented in the feasibility report and the actual share of construction costs based upon the low bid submitted by Danner, Inc. Construction Cost Share Comparison 1 \ Feasibility Report Actual Based - Estimate on Bid AGENDA ITEM 1 S 24,687.00 $ 21,086.60 Sanitary Sewer Aotion by Oounoil: 1014.00 1,714.00 AGENDA REPORT Endorse 61169.82 5,503.53 Sidewalk Modified_ TO: City Manager Road with Curb Rejeoto FROM: Assistant City Engineer D to __._ .__ SUBJECT: County Road C, White Bear to McKnight, City Project $ 65,066.35 86 -25- -Award of Bid DATE: July 20, 1988 INTRODUCTION Ramsey County has received bids for the subject project. The Ramsey County construction engineer has recommended that the award of contract be made to Danner, Inc. In accordance with the cooperative agreement between Ramsey County and Maplewood, which was approved by the city council on April 25, 1988, Ramsey County is requesting concurrence with the award of bid. BACKGROUND The following table presents a comparison of Maplewood's share of the estimated construction cost as presented in the feasibility report and the actual share of construction costs based upon the low bid submitted by Danner, Inc. (1) Does not include engineering and indirect costs. Ramsey County fees for engineering are 16% for roadway - related items and 4 for utilities. RECOMMENDATION It is recommended that the attached resolution be adopted which concurs with award of bid to Danner, Inc. for Project 86 -25. jw Attachment Construction Cost Share Comparison Feasibility Report Actual Based Estimate on Bid Water Main and Services S 24,687.00 $ 21,086.60 Sanitary Sewer and Services 1014.00 1,714.00 Storm Sewer 61169.82 5,503.53 Sidewalk 5,256.75 5,176.52 Road with Curb and Gutter 47,342.66 31.585.70 TOTAL CONSTRUCTION COST SHARE (1) 85,166.23 $ 65,066.35 (1) Does not include engineering and indirect costs. Ramsey County fees for engineering are 16% for roadway - related items and 4 for utilities. RECOMMENDATION It is recommended that the attached resolution be adopted which concurs with award of bid to Danner, Inc. for Project 86 -25. jw Attachment RESOLUTION FOR AWARD OF BID BE IT RESOLVED BY THE CITY COUNCIL OF.MAPLEWOOD.`MINNESOTA that in accordance with the provisions of Cooperative Agreement 88001 for the construction of County Road C from White Bear Avenue to McKnight Road, City Project 86 -25, the City of Maplewood concurs with the award of bid to Danner. Inc. AGENDA ITEM AGENDA REPORT &wtloo by Council: TO: City Manager FROM: City Engineer Eodnrnod~.__~~� SUBJECT: Ski Club Easement Agreement Modifie DATE: July 19 1988 Rejecte Dat Attached is the proposed easement agreement between the city and the Ski Club for storm water ponding purposes. Approval of this, agreement, along with a previously executed agreement between the Ski Club and developers will duplicate the city's proposed storm water improvement, Project 87-21" The proposed agreement is consistent with a previously approved concept for private implementation of the storm water` improvements. The Ski Club will provide the city with an easement to pond 50 acre-feet of storm water runoff with appurtenant access and maintenance easements. The city agrees to obtain the permit and an easement from MnDOT and to maintain the pond and pipe system" Approval of the agreement is recommended. jc Attachment EASEMENT AGREEMENT THIS AGREEMENT made and entered into this day of , 1988, by and between the Saint Paul Education Foundation, Inc., a Minnesota corporation, hereinafter "Ski Club "; and The City of Maplewood, hereinafter "City ". WHEREAS, the Ski Club has owned and operated a ski jumping training facility in the City of Maplewood, County of Ramsey and State of Minnesota since 1949 upon the premises described as: Except for I. S. 494 right -of -way; that portion of the SW k of the SE } of Section 13, Township 28, Range 22 described as follows: Commencing at the SE corner of the SW I of the SE } of said Section 13; thence North 50 rods; thence West 8 rods to the Quarter Section Line; thence South 50 rods to the Section line; thence East along the Section line 80 rods to the place of beginning. and consisting of approximately 17.5 acre; and WHEREAS, certain Developers own tracts of land west and north of the Ski Club land legally described on Exhibit A -1 and A -2 attached hereto and made a part hereof; portions of said tracts provide surface drainage to the Ski Club Property as shown on Exhibit A -2; and WHEREAS, the development of the Developers tracts will increase the runoff to the Ski Club property; and WHEREAS, the City of Maplewood requires ponding for the 100 year critical rainstorm or snow melt condition and the critical event requires a pond capacity of 50 acre feet; and WHEREAS, storm water pipe lines, roadway easements, Mn /DOT permits, and other drainage facilities are recommended in the "Ski -1- Jump Property Drainage Improvements Report" prepared by Short Elliot Hendrickson (SEH File No. 88051 dated February 11, 1988) as part of the subject improvement; NOW, THEREFORE the parties mutually agree to the following terms and conditions: The Ski Club hereby: 1. Dedicates to the City of Maplewood a 50 acre foot pond easement described as follows: A Ponding Easement on, over and across that part of the W } of the SE } of Section 13, Township 28, Range 22, Ramsey County, Minnesota described as follows: Commencing at the intersection of the South line of the North 1741 feet of said W } of the SE } and the North- westerly right -of -way line of Interstate Highway No. 494; thence South 39 14' 08" West along said right -of- way line a distance of 140 feet to the point of begin- ning of the land to be described; thence North 74 00' West a distance of 290 feet; thence South 78° 00' West a distance of 360 feet; thence South 37° 00' West a distance of 160 feet; thence South 45 00' East a distance of 140 feet; thence South 58° 00' East to said Northwesterly right -of -way line of Interstate Highway No. 494; thence Northwesterly along said right -of -way line to the point of beginning. 2. Dedicates the necessary storm sewer easements and access roadway easement to the City as more particularly described on Exhbit B. The City and Ski club agree that the ponding easement shall be restricted to run off and drainage from the single family residential development of property described in Exhibit A -1 and A- 2. The City hereby agrees: 1. That it will obtain a permit from Mn /DOT for the construction of a discharge piping outlet to I -494 ditch and for Ski Club to pump storm water into I -494 ditch in perpetuity. -2- 2. That it will obtain necessary easement from Mn /DOT for use of that portion of the I -494 right -of -way for ponding easement as set forth in Exhibit , 3. That it will maintain the ponding area at an elevation of feet and remove silt and debris therefrom and maintain the storm sewer system including the removal of silt and debris therefrom. 4. That no assessments shall be levied against Ski Club property as a result of the construction or maintenance of the storm sewer or ponding improvements contemplated hereby or for any "benefit" accruing to Ski Club property thereby. SAINT PAUL EDUCATION FOUNDATION By Its By Its CITY OF MAPLEWOOD an Its STATE OF MINNESOTA) SS) COUNTY OF ) The foregoing document was acknowledged before me this day of , 1988, by or Saint Paul Education Foundation, on behalf of said Sain Education Foundation. -3- STATE OF MINNESOTA) SS) COUNTY OF ) The foregoing document was acknowledged before me this day of , 1988, by of City of Maplewood, on behalf of said City of Maplewood. This instrument was drafted by THUET, LYNCH, PUGH & ROGOSHESKE 833 Southview Boulevard South St. Paul, MN 55075 -4- � AGENDA ITEM /f AGENDA REPORT TO: City Manager FROM: City Engineer SUBJECT: Menards/ Sanitary Sewer Agreement DATE: July 20, 1988 Action by Coun Endorse Modified ------- °� Rejecte Dat Attached is the proposed agreement between the city and Menards to purchase a sanitary sewer to be constructed by Menards across their storage yard" In March the city council approved the Menards/ proposal with a condition that the sanitary sewer be constructed and sold to the city. This agreement satisfies that condition" The purchase price is proposed to be financed from the sanitary sewer fund contingency account" It is recommended the agreement be approved and authorize staff to pay the cost with funds from the sanitary sewer contingency fund" jc Attachment 7 AGREEMENT THIS AGREEMENT executed this day of �^ , 1988, by and between Menard, Inc., a Wisconsin corporation, hereinafter referred to as "Menard" and City of Maplewood, hereinafter referred to as "City ". The parties recite and declare that: WHEREAS, Menard initiated a Conditional Use Permit to construct an outside storage yard within 350 feet of a residential district at the following described property: Commencing at a point on the East line of the Southwest Quarter of said Section 9 at its intersection with the Easterly line of United States Highway No. 61, as widened; thence South on the East line of said Southwest Quarter to a point 100 feet North of the North line of County Road B; thence West and parallel with the North line of said County Road B to the Easterly line of United.States Highway No. 61, as widened; thence Northeasterly along the Easterly line of said United States Highway No. 61, as widened, to the point of beginning. Parcel 2: The South 107 feet of that part of the North 5 acres of the South 50 rods of the North 105 rods of the West 32 rods of the Southeast Quarter of Section 9, Township 29, Range 22, which lies Southeasterly of the following described line: Commencing at a point on the South line of said 5 acre tract which line is the South line bf the Northwest Quarter of the Southeast Quarter, distant 60 feet East of the Southwest corner thereof; thence running Northeasterly to the Northeast corner of said tract and there terminating. Parcel 3: All that part of the West 32 rods of the Southwest Quarter of the Southeast Quarter of Section 9, Township 29, Range 22 lying North of County Road B, except Heinemann's Belleview Addition to Gladstone, and except highway. Parcel 4: Block 16,' lying South of State Trunk Highway No. 36, except the East 240 feet thereof; and Block 1.5, except the East 240 feet thereof, and except part thereof taken for highway; and Block 10, except the East 30 feet thereof, and except feet of the East 255 feet North 30 feet thereof, all i County, Minnesota. that part of the West 225 thereof, lying South of the i Clifton Addition, Ramsey This property is also known as 2280 Maplewood Drive, Maplewood. WHEREAS, the procedural history of this Conditional Use Permit is as follows: This Conditional Use Permit was reviewed by the Maplewood Planning Commission on March 21, 1988. The Planning Commission recommended to the City Council that said permit be approved with conditions. See Exhibit A. WHEREAS, the Maplewood City Council held a 28, 1988. Notice thereof was published and all persons present at said hearing were be heard and present written statemer considered reports and recommendations Planning Commission. Permit was granted Exhibit B. public hearing on March mailed pursuant to law, given an opportunity to ts. The Council also of the City Staff and with conditions. See WHEREAS, one of the conditions requires Menard to construct a new sanitary sewer main and service connections from Menard's building under and through the above - described property to the Metro Interceptor. WHEREAS, Menard shall dedicate a new sewer main easement from the connection point at Menard's building to the MWCC Interceptor at the southwest corner of the above - described property. WHEREAS, Terracon Consultants EC, Inc., hereinafter referred to as "Terracon ", at the request of and under the direction of the prior owners of the property, is developing and implementing a remedial action plan for the removal of contaminants or pollutants from the property, subject to approval of the Minnesota Pollution Control Agency, hereinafter referred to as "PCA", and Terracon is presently conducting tests on the property. NOW, THEREFORE, it is understood and agreed: 1. Menard shall construct a new sanitary sewer main and service connections from its building and from adjacent properties to the south, under the above- described property to the Metro Interceptor. The plans, specifications and location of construction of the sanitary sewer system and service connections shall be mutually agreed upon by and between Menard and the City's Public Works Department. 2. Said construction by Menard of the sanitary sewer system and 9 �F1 service connections shall be done in accordance with state and local regulations. 3• Upon completion and final approval by the City, Menard shall convey to the City the complete sanitary sewer system together with an easement under the above - described property for the purposes of maintenance, service and repair of the system; and, the City shall release and vacate the easement for the present sanitary sewer system, remove the lift station and restore the property to its original condition, at the City's cost. 4. The City shall be responsible for all future costs and expenses to replace, repair or otherwise restore to its original condition any concrete, asphalt, landscaping, trees, shrubs, or other surface improvements of any kind whatsoever within the easement area which may in any manner be removed or otherwise disturbed by the City in exercising the easement right. 5• The City shall indemnify and keep harmless Menard against all liability, judgments, costs and expenses which may in any manner come against Menard in consequence of granting said easement to the City, or which may in any manner result from the carelessness or neglect of the City, or its agents, employees_or workmen, in any respect whatsoever, arising out of construction, maintenance and /or operation of said sanitary sewer system. 6. Upon completion and approval by the City of the sanitary sewer system and service connections and the conveyance of the aforementioned easement, the City shall pay Menard for the costs of construction of said sanitary sewer system, service connection and easement, upon Menard's presentation of an itemized cost of construction and materials. 7• Menard shall complete the construction of said sanitary sewer system and service connections on or before 8. The City and Menard agree and understand that this is not a contract to construct a sanitary sewer system and service connections but a contract to buy, a completed, approved and inspected system with easements. 9. In the event that the Environmental Protection Agency, Minnesota Pollution Control Agency or other governmental agencies prohibits the construction of the proposed sanitary sewer system and service connections within the proposed easement area, then Menard's obligations and responsibilities under this Agreement shall be terminated and Menard shall be 3 excused from any further performance hereunder. 10. In the event Menard fails to construct said sanitary sewer system and service connections, the City shall have the right to bid said construction and Menard shall convey easements to the City for said system. 11. Any dispute under this Agreement which the parties agree to arbitrate shall be settled in accordance with the rules and procedures of the American Arbitration Association, except that only one arbitrator shall be used to settle any disputes. IN WITNESS WHEREOF, the parties signed below have caused the agreement to be executed. CITY OF MAPLEWOOD MENARD, INC. by: its by: its: by:,__ by:_ its: its. 4