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.
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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.
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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,
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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.
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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:
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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.
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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.
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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:
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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:
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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,
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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
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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.
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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.
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CITY OF MAPIEWOOD
PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 7 -01 -88
CHECK #4071 — CHECK #4267
is r • � r• i e+•a.� : �
MCGJIRE, MICHAEL
$2,538.46
BLACKSTONE, GAIL
1,374.10
BERM, LOIS
942.10
JAHN, DAVID
801.75
SWANSON, LYLE
1032.00
CUDE, LARRY
242.40
ZUERCHER, JOHN
157.60
OS ER, AAA
817.66
FAUST, DANIEL
1,934.90
TAYLOR, LINDA
928.43
MATHEYS, AIANA
968.06
VIGNALO, DELORES
949.66
ANDERSON, CAROLE
1,190.28
AURELIUS, LUCILLE
1,788.50
SELVOG, BEITY
217.00
SCHADT, JEANNE
906.46
KELSEY, CCN NIE
470.02
HOSCHKh, SINE
628.06
VIFTOR, IORRAINE
819.26
HENSLEY, PATRICIA
519.27
CARTE, JEANETTE
919.06
RONGSTAD, CARDLEE
90.00
COLLINS, KENNETH
1,996.50
RICHIE, CAROLE
814.70
SVENDSFN, JOANNE
1,204.87
NELSON, ROBERT.'
1,735.70
mmi, JOY
834.46
MAR TIN SON, CAROL
780.86
ZAPPA, JOSEPH
1,561.48
STILL, VERNON
1,352.68
SKAIMAN, DONALD
1,403.88
NELSON CAROL
1,511.08
MORELLI, RAYMOND
1,378.28
STEFFEN, SCOOT
1,378.28
ARNOLD, DAVID
1,561.48
BANICK, JOHN
1,378.28
BOHL, JOHN
1,441.81
CAHANES, ANIIHONY
1,735.70
CIAUSON, DATE
1,403.88
MOESCHTER, RICHARD
1,455.66
PELTIER, WILLIAM
1,561.48
SZCZEPANSKI, THOMAS
1,300.53
WELCHLIN, CABOT
1,179.18
LANG, RICHARD
1,403.88
PALMA, SPE'VEN
1,035.88
HERBERT, MICHAEL
1,454.29
DREGER, RICHARD
1,604.75
MEEHAN, JR., JAMES
1,502.26
STAFNE, GREGORY
1,429.77
BECKER, RONALD
1,454.28
CrN OF
PAYROLL CHECaCS ISSUED FO:
CHECK #4071
awe • gal .cal
Hu mm KEVIN
ST OCKTON , DERRE
•.
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
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PROPOSED CAVE'S fce a ! +1 i
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HI'LLCREST
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PROPERTY LINE / ZONING MAP 4
4 N Attachment 2
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Q 31ta Plan
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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