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Home My WebLink About1988 05-23 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 23, 1988 Municipal Administration Building Meeting 88 - 11 (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF MINUTES (D) APPROVAL OF AGENDA (E -A) PRESENTATIONS 1. 1987 Annual Financial Report and Audit (E) CONSENT AGENDA 1. Accounts Payable 2. Financial Transfer to Close Project 86 -07 3. Budget Changes - 1988 Labor Settlements 4. Budget Transfer: Community Development Recording Device 5. Conditional Use Permit Renewal: 1575 Beam Ave. ( St. John's Hospital) 6. Conditional Use Permit Renewal: 2780 Highway 61 (Metro Auto) 7. Conditional Use Permit Renewal: Rolling Hills 2nd Addition 8. Time Extension: Gonyea's Oak Heights (Phases 2 & 3) 9. Authorization to Fill Vacancy: Motor Vehicle Clerk 10. Authorization to Fill Vacancy: Part Time CSO (F) PUBLIC HEARINGS 1. 7:00 P.M., Code Amendment: Setback to Residential Zones (2nd Reading - 4 Votes) 2 3 4 7:10 P.M., 831 N. Century (Dege Garden Center) a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) c. Conditional Use Permit Renewal and Revisio d. Reduction in Parking e. variances 7:20 P.M., Holloway: Beebe to Furness, Project 87 -14 7:30 P.M., Gonyea's Oak Heights 4th Addition a. Street Vacati b. Preliminary Plat 5. 7:40 P.M., Beaver Creek Apartments Financing 6. 7:50 P.M., Code Amendment: Design Review for Dwellings on Smaller Lots (2nd Reading (G) AWARD OF BIDS (H) UNFINISHED BUSINESS 1. Code Amendment - Residential Uses and Home Occupations (4 Votes - 2nd Reading) 2. Ski Jump Property Storm Water Pond; Project 87 -21 3. Cope Avenue - Order Public Hearing 4. Gervais Lake High Speed Code Amendment - 2nd Readin 5. Discussion - Emergency Services 6. Lions and Lioness Gamblin 7. Ariel, Cope to Castle: Order Feasibility Study 8. Presentation of Feasibility Report and Request for Public Hearing - City Projects 87 -20 9. Meyer Street Watermain, Project 87 -13 - Approve Plans 10. Boxwood Improvements, Project 87 -19 - Approve Plans 11. Highway 61 Water Main, Project 87 -44 - Approve Plans 12. Change Order No. 4 - Project 86 -22 - Modify :Existing Contract 13. Water Service District 8 Improvements, Project 86 -15 - Modify Existing Contract by Change Order No. 1 14. Manager's Salary (I) NEW BUSINESS 1. Dental Insurance For Retirees 2. Code Amendment - Shoreland Overlay District (1st Reading 3. Steve Kayser - Request (J) VISITOR PRESENTATIONS (K) COUNCIL PRESENTATIONS 1. 2. 3. 4. 5. 6. 7. 10 11 12 (L) ADMINISTRATIVE PRESENTATIONS (M) ADJOURNMENT Agenda Number E -1 4 — ( Action by Coun®11s Endorse AGENDA REPORT Modifie d.,.,,,,,,,.,,, Re,iected.„ Date- TO: City Manager FROM: Finance Director RE: 1987 Annual Financial Report and Audit DATE: May 18, 1988 Presentation will be made by Steve Laible, Peat Marwick Main and Company, and myself on the following items: 1. Opinion on financial statements (page 21 of the Comprehensive Annual Financial Report); 2. Legal Compliance Audit (see attached Exhibit A); 3. Report on internal accounting controls (see attached Exhibit B); 4. 1987 audit bill; 5. Financial highlights of 1987 (page 6 of the Comprehensive Annual Financial Report). Councilmembers should bring their copy of the 1987 Comprehensive Annual Financial Report to the meeting. Also, Councilmembers may want to reread the letters of transmittal (pages 4 - 19) as they are a key part of the report. DFF /ch enc. Exhibit A G Peat Marwick Certified Public Accountants Peat Marwick Main & Co. 1700 IDS Center Minneapolis, MN 55402 Honorable Mayor and City Council City of Maplewood, Minnesota: We have examined the combined financial statements of the City of Maplewood, Minnesota (the City), for the year ended December 31, 1987, and have issued our report thereon dated March 11, 1988. Our examination was made in accordance with generally accepted auditing standards and the standards for compliance audits contained in the Legal Compliance Audit Guide issued by the Legal Compliance Task Force pursuant to Minnesota Statutes Section 6.65 and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. The Lecal Compliance Audit Guid covers five main categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, and claims and disbursements. Our examination included all of the categories listed above. The management of the City is responsible for the City's compliance with laws and regulations. in connection with the examination referred to above, we selected and tested transactions and records to determine the City's compliance with those laws and regulations for which noncompliance could have a material effect on the City's combined financial statements. The results of our tests indicate that for the transactions and records tested, the City complied with those laws and regulations referred to above. With respect to the transactions and records that were not tested by us, nothing came to our attention to indicate that the City of Maplewood, Minnesota had not complied with the laws and regulations referred to above. This report is intended solely for the use of the City of Maplewood, Minnesota and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which is a matter of public record. e March 11, 1988 • Member Firm of u Klynveld Peat Marwick Goerdeler Exhibit B Peat Marwick Certified Public Accountants Peat Marwick Main & Co. 1700 IDS Center Minneapolis, MN 65402 Honorable Mayor and City Council City of Maplewood, Minnesota: We have examined the combined financial statements of the various funds and account groups of the City of Maplewood, Minnesota (the City) for the year ended December 31, 1987, and have issued our report thereon dated March 11, 1988. As part of our examination, we made a study and evaluation of the City's system of internal accounting control to the extent we considered necessary to evaluate the system as required by generally accepted auditing standards. The purpose of our study and evaluation was to determine the nature, timing, and extent of the auditing procedures necessary for expressing an opinion on the City's financial statements. Our study and evaluation was more limited than would be necessary to express an opinion on the system of internal accounting control taken as a whole. The management of the City is responsible for establishing and maintaining a system of internal accounting control. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of control procedures. The objectives of a system are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any system of internal accounting control, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the system to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the degree of compliance with the procedures may deteriorate. Our study and evaluation made for paragraph would not necessarily system. Accordingly, we do not e accounting control of the City of study and evaluation disclosed no weakness. the limited purpose described in the first disclose all material weaknesses in the tpress an opinion on the system of internal Maplewood taken as a whole. However, our condition that we believed to be a material This report is intended solely for the use of management and the Office of Revenue Sharing and should not be used for any other purpose. March 11, 1988 z s Member Firm of Klynveld Peat Marwick Goerdeler .r W cv Q a v r Y W 0 x ^ U P .,y N O 0 N'' � N � b V I O N O P c O O O' O O p. m O O N M N O w d 0 I O •�+ d Y M 0 a N 1 10 0 £ ti I1 ti� ca p o W Y N PN• 1 0N '01 a ^ O r OD M IOI N- M N N• N O w .. a 1 -. !N W N O O P O O W O O O M O O N a 10 10 O * O O 10 N Y M m I I H ! + I 7 , I i N 1 M iO N M 1 111 N r IM 0 oI N- I ; I : i I ' i0 I r Wrai'. H I I i ._. I I M •P M M W YI W a w r v. � v .. r ! l-• M .» W rc. rc vw: , �w a ° s W a I r ! o W¢d C] iu 1 . . W w E'. 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N O O O O m a a b >zl P P P P P K W = = N N N N N W V 0 Y O M O M O M O M O M K O S U W � H O a > ryry q O U > W. — 1 A f CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 5 -06 -88 CHECK #3306 - CHECK #3467 EMPLOYEE NAME GROSS PAY McGUIRE, MICHAEL 3,036.75 BERM, LOIS 907.70 JAHN, DAVID 794.64 SWANSON, LYLE 1,007.61 CUDE, LARRY 242.40 ZUERCHER, JOHN 157.60 OSTER, ANDREA 817.66 FAUST, DANIEL 1,934.90 TAYLOR, LINDA 719.63 MATHEYS, ALANA 968.06 VIGNALO, DELORES 949.66 ANDERSON, CAROLE 1,231.86 AURELIUS, LUCILLE 1,788.50 SELVOG, BETTY 162.75 SCHADT, JEANNE 914.79 KELSEY, CONNIE 505.34 HOSCHKA, GERMAINE 363.47 VIETOR, LORRAINE 819.26 HENSLEY, PATRICIA 615.02 CARLE, JEANETTE 711.30 GREEN, PHYLLIS 9,280.16 COLLINS, KENNETH 1,996.50 RICHIE, CAROLE 804.06 SVENDSEN, JOANNE 1,003.73 NELSON, ROBERT 1,735.70 DOLAN, RITA 54.28 OMATH, JOY 819.26 MARTINSON,CAROL 780.86 ZAPPA, JOSEPH 1,583.11 STILL, VERNON 1,352.68 SKALMAN, DONALD 1,481.55 NELSON, CAROL 1,511.08 MORELLI, RAYMOND 1,378.28 STEFFEN, SCOTT 1,467.22 ARNOLD, DAVID 1,561.48 BANICK, JOHN 1,378.28 BOHL, JOHN 1,378.28 CAHANES, ANTHONY 1,735.70 CLAUSON, DALE 1,403.88 MOESCHTER, RICHARD 1,494.50 PELTIER, WILLIAM 1,561.48 SZCZEPANSKI, THOMAS 1,197.48 WELCHLIN, CABOT 1,227.21 LANG, RICHARD 1,403.88 PALMA, STEVEN 1,035.88 HERBERT,MICHAEL 1,501.33 DREGER, RICHARD 1,691.28 MEEHAN, JR., JAMES 1,352.68 STAFNE, GREGORY 1,403.88 BECKER, RONALD 1,428.68 HALWEG, KEVIN 2,056.65 STOCKTON, DERRELL 1,352.68 CITY OF PAYROLL CHECKS ISSUED FOR CHECK #3306 EMPLOYEE NAME PAULOS, JR., PAUL BOWMAN, RICK KARIS, FLINT HEINZ, STEPHEN GRAF, DAVID THOMALLA, DAVID YOUNGREN, JAMES RAZSKAZOFF, DALE VORWERK, ROBERT BERGERON, JOSEPH MELANDER, JON EMBERTSON, JAMES WILLIAMS, DUANE RABINE, JANET STAHNKE, JULIE BOYER, SCOTT SARAFOLEAN, JULIA RYAN, MICHAEL NELSON, KAREN THOLEN, SHAWN FLAUGHER, JAYME HAIDER, KENNETH CHLEBECK, JUDY WEGWERTH, JUDITH MEYER, GERALD KANE, MICHAEL LUTZ, DAVID KLAUSING, HENRY SCHMOOCK, JOHN HELEY, RONALD OSWALD, ERICK TEVLIN, JR., HARRY FREBERG, RONALD CASS, WILLIAM LINDBLOM, RANDY ELIAS, JAMES PECK, DENNIS PRIEBE, WILLIAM IRISH, BRUCE GESSELE, JAMES GEISSLER, WALTER METZ, TERRY LOFGREN, JOHN ODEGARD, ROBERT BRENNER, LOIS KRUMMEL, BARBARA STAPLES, PAULINE TRAVERS, DANIEL ANDERSON, ROBERT LINDORFF, DENNIS GARRY, WILLIAM MAPLEWOOD PAY PERIOD ENDING 5 -06 -88 - CHECK #3467 GROSS PAY 686.66 1,424.88 1,390.28 1,445.82 1,467.08 1,561.35 1,546.46 1,588.47 1,467.08 1,488.55 1,472.68 1,482.90 1,290.10 967.15 932.86 817.66 755.50 1,848.86 951.26 1,296.11 1,004.50 1,934.10 986.46 500.02 1,264.64 1,311.32 1,104.86 1,231.93 783.26 1,216.90 783.26 1,291.09 1,146.43 1,638.26 848.86 1,339.20 1,280.06 1,255.16 1,483.86 1,484.30 1,487.44 848.86 885.66 1,797.30 951.26 483.32 1,541.46 99.00 1,054.46 1,116.02 783.26 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 5 -06 -88 CHECK #3306 - CHECK #3467 EMPLOYEE NAME GROSS PAY YUKER, WALTER 81.00 HELEY, ROLAND 1,126.70 MARUSKA, MARK 1,266.26 BURKE, MYLES 1,147.26 TURNER, GARY 262.60 GERMAIN, DAVID 1,126.46 MISKELL, CRAIG 75.00 RONQUIST, KURT 40.00 HANNEGAN, ANDREA 120.00 CARLE, MARK 40.00 GREEN, GUY 66.83 BESETH, JR., RONALD 20.00 WARD, ROY 406.40 TAUBMAN, DOUGLAS 1,238.26 GREW, JANET 1,024.86 CONNERS, KIM 320.94 HORSNELL, JUDITH 557.23 HUTCHINSON, ANN 436.53 BARTA, MARIE 804.06 DOHERTY, KATHLEEN 1,031.34 OLSON, GEOFFREY 1,786.10 LIVINGSTON, JOYCE 595.38 EKSTRAND, THOMAS 1,262.26 JOHNSON, RANDALL 1,181.26 OSTROM, MARJORIE 1,508.66 CARVER, NICHOLAS 1,138.46 WENGER, ROBERT 1,233.66 LACASSE, CASEY 260.00 NADEAU, EDWARD 1,125.66 MULWEE, GEORGE 1,145.60 NUTESON, LAVERNE 1,519.86 BREHEIM, ROGER 1,145.60 EDSON, DAVID 1,132.78 MULVANEY, DENNIS 1,212.86 SPREIGL, GEORGE 899.26 159, 1 .95 PAYROLL DEDUCTIONS AMOUNT ICMA RETIREMENT CORPORATION Z1 $14,778.91 CITY & COUNTY EMP CR UNION Cl 21,521.00 AFSCME 2725 U1 453.25 MN MUTUAL LIFE INS. 19 -3988 160.00 METRO SUPERVISORY ASSOC U3 18.00 L.E.L.S. P1 526.50 MN STATE RETIREMENT SYSTEM Z2 193.00 37,650.66 TOTAL 196,870.61 Agenda Number z Action by Council: Endorsed Modif Rejecte . Date AGENDA REPORT TO: City Manager FROM: Finance Director lq)R'elt _ RE: Financial Transfer To Close Project 86 -07 DATE: May 12, 1988 Introduction Project 86 -07, Upper Afton Road, McKnight to Century, has a cash deficit which needs to be financed in order to close the project. Background In 1987 two public hearings were held to consider improvement of Upper Afton Road. The project was rejected by the Council and should be closed. As of March 31, 1988, the project has a cash deficit of $30,493. This deficit resulted from engineering costs that were incurred for preparation of the feasibility study. Feasibility study costs for projects that are denied are paid for by the General Fund. The 1988 Budget anticipated $30,000 for costs of this type. If any other projects are denied by the Council, they will have to be paid for out of the General Fund Contingency Account. The Council should carefully consider the likelihood of whether or not a project will be ordered before they request preparation of a feasibility study. Recommendation It is recommended that Project 86 -07 be closed by a financial transfer from the General Fund. Action Required Council approval of the recommended transfer. DFF /ch Agenda Number E3 Action by Council:i Endorse Modifie Re3acte Date Agenda Report TO: City Manager FROM: Finance Director RE: Budget Changes - 1988 Labor Settlement DATE: May 18, 1988 Copies of the Agenda Report on this subject will be distributed at the May 19th Council -Staff Meeting. DFF /ch _ �~�+ ` �/ MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Budget Transfer DATE: May 16, 1988 Action by Councilv Endorsed r�_~_� Modifie Boj nt This is a request to transfer $570 from the contingency account to the Community Development Department to purchase a dictating/recording machine" The machine we had been using for the last eleven years broke and can no longer be depended bn.. This machine is used to record and transcribe minutes for the planning commission and community design review board" Recommendation Approve a budget transfer of $570 from the contingency account to Account 101-701~4630. kd ��r � u MEMORANDUM but1ouby CuouoiIt TO: City Manager Endorood� FROM: Thomas Ekstrand, Associate Planner 0o8ifio SUBJECT: Conditional Use Permit Renewal Iloj LOCATION: 1575 Beam Avenue Date APPLICANT/OWNER: Health East PROJECT: St" John's Northeast Community Hospital DATE: May 12, 1988 ' SUMMARY Introduction The applicant is requesting renewal of the conditional use permit for St. John's Northeast Community Hospital and associated medical offices" BackaCound On May 20, 1982, council approved a conditional use permit for the hospital and related medical facilities" The third building of this complex, the St. Paul Eye Clinic, is presently under construction, On May 23, 1983, council renewed the conditional use permit for a five-year period" Ordinance ReQuirements Section 36-437 (4) allows hospitals by conditional use permit" Section 36-442 (e) provides 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. Recommendation Renewal of the conditional use permit for St" John's Northeast Community Hospital and related medical facilities for five years. Attachments ' 1" Location Map 2^ Progerty Line/Zoning Map 3, Original Concept Plan 4" Letter from Bill Knutson dated May 3, 1988 i VADHAIS HEIGHTS 61 Eou.rr RoAe 's• / r zr i T"NRZ . 1 00 ,�� I VE. r� zz • � 0 3 R4 RT ??• U r � F = f Y RORLYAw AVE.� ROMLYAw AVE. � a II •� EDGE MLL Rkk i t _ 65 DEVOUT AV s �� RYE • At i A D10 AVE. EE' l � rir . GERVAIS At Ry - Aw Er I AK. t COURT �� DR lMERREw AV • •� s R M/C. ii i AVE. j L.RR S AVE. LA M[ V = LARK AVE . • u LAURIE to. __ t RIC RO � • ® '' 25 ®� fis 3 r— �AuAl l O I ��? LOCATION MAP 2 Attachment 1 0 N fl e ■ e• e ■ 1 I n �' O ��' . "• F j�y� �strrr�rr■ • ■rrrrrrrrwrr■ Aj St. John's Hospital Northeast M PrrrrwwrrrrwENNUMMu tT H f h..� ,%o mor 9404rrrrrrrir■ 0 BCr M A irrrrrrrrrq`r,i�iir�i BCr M Awwawwee�w� PROPERTY LINE / ZONING MAP 3 Attachment 2 8� p L b n � Maplewood P i, PrrrrwwrrrrwENNUMMu tT H f h..� ,%o mor 9404rrrrrrrir■ 0 BCr M A irrrrrrrrrq`r,i�iir�i BCr M Awwawwee�w� PROPERTY LINE / ZONING MAP 3 Attachment 2 8� Fulwo HWAVV A Rwua Pukhp OL FPPOIC HOSOW U .wl �l'IM N •Mi��M Y.YN i IIM.N IIY� O U .Nqd Mw� Mw. C 1.MIN.0 1."YW ©1 { WTI WIwN 1lt ar.W Mrs !— F —.J Soup Avr ORIGINAL CONCEPT PLAN 4 Attachment 3 4 5 n St. John's Hospital HealthEast to-OK-4 G �' 1575 Beam Avenue Maplewood. MN 55109 612.779.4400 May 3, 1988 Tom Ekstrand, Associate Planner City of Maplewood 1830 E. County Road B Maplewood, MN 55109 Dear Tom: Thank you for informing us of our need to renew our conditional use permit. Please accept this letter as an official request by St. John's Northeast Community Hospital to extend the current conditional use permit for a period of five (5) years. We feel that any future development on this campus will directly relate to the hospital or other health service programs that will support the conditional use currently in existence. We appreciate the community support we receive from Maplewood and look forward to a long term relationship,.with this community. Sincerely; Bill Knutson Associate Administrator BK /km 5 Attachment 4 Action by Council MEMORANDUM TO: PROM: SUBJECT: LOCATION: APPLICANT /OWNER: PROJECT: DATE: I ntroducti on SUMMARY Endorsed__ _ Modifie Rejecte Dat The applicant is requesting renewal of a conditional use permit. The CUP was required since their building addition was within 35:7 feet of a residential district. B On June 8, 1987, council granted the CUP subject to adherence to the site plan dated April 10, 1987, unless a change is approved by the city's community design review board. O rdinance Requirement Section 36 -442 (e) requires 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 specif y an indefinite term or specific term, not to exceed five (5) years, for subsequent reviews. Discu ssion Staff does not see any reason since - there were no conditions facility. Recomm for periodic reviews of this CUP applied relative to the use of the Renewal of the conditional use permit for Metropolitan Imported: Autos, Inc. for an indefinite term. j1 A ttachments 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. Applicant's letter dated May 5 1988 City Manager Thomas Ekstrand, Associate Planner Conditional Use Permit Renewal 2780 N. Highway 61 Metropolitan Imported Autos, Inc. Metropolitan Imported Autos May 12, 1988 \> a 1• I I / J �• r R .� f R 'l -'_JL• arC M1 n R�M — F F M1 F cirr of R RNI pv� e k Y J .. I J C_ �1 �/� r F �� F I .R 1 MI I Ii 3 1k, ec _ HC i I - T , He 1 ec 1•Q - ' anuea L I n C PUD � LRC R F F R I FUO q Lr • ... It R . -7I;. ��•� :I Yj f �I -R L. I F C R NI'7I J R � He ..•.iii o. F F i�e.•n• 4 R R r J L %L RG CO � .., •t 1� R 1 Le MI A q 1 LRC tx �� MI L ra'NN r F4. f. ♦ Poll II �� LL 66 �� P J R 3_C' i R2i LR_7LLl P p C fz. E- cw e 3 L e,L I I I c C. R Gnc!� re L 7(� — 1(_R�f R RF HtY9 f�'rJ IR Tli �� MI 9'MI� F I ..... "�• rn.:ll ill • ip�l'1iF'' PI i ].I �r ,1) af 1 R III LOCATION MAP 2 Attachment 1 4 4w r » n lb u9m ` Wr NATAL II OR OAOC AiT IMO. CVy / _ A Q .y •.'� ,A 91 KSTP / 1 • 194 100 O A.Hae Ir. ;, .;:« >.:;•:;.;. Metro Porsche Audi ulw 75 4 o I IDiC 3 40 ;D, Don is Body Shop . as I a • �R 4• 7 l6 ( IB i 14 I ID I 12 1 �J • avmu.. `i Major Interjorsc S Q O .91st •/ :yo N81 P7 I.... bl 1247 'A •ym ,sl) V . 1 Let" 1. 1 O I I PI OI OI ❑, v;-) • 257 1263 128111287 1 93 ,. ID' 1 KOHLMAN A y IIiA I .1 -1 4L C q ••• I f Itl I t we.t 00 )�i /i� ' Jp. 1.51 Zk I (IS (N C 5) 11 N ro T� ...<CC �20) r I I b• \ I 9 10 I I i t.11S1 1 , Ili )3 PROPERTY LINE / ZONING MAP 3 Attachment 2 0 N I, I I ; M1 � I� •^ T•�.F r I � viii - - - -- - -- ' rartw nact.IlFeo errorms - u . . xJNL'COa'a-'.b bf 75 'YVLVi fef*+le' rrbnoso • .. ISL ••o:.Lh SITE PLAN 4 Attachment 3 0 N 5 09.'88 13:1 I Audi METROPOLITAN IMPORTED AUTOS INC. 2760 NORTH HIGHWAY 61 SAINT PAUL. MINNESOTA 55109 PHONE 612.483 -2681 Tom Ekstrand City of Maplewood 1830 E. Co. Rd. B Maplewood; MN 55109 Dear Mr. Ekstrand; May 5, 1988 Per our conversation, please extend Metropolitan Imported Autos conditional use permit Our use of the property will continue as in the past. 7 tchett . ly+ esident LC /jlk 5 Attachment 4 MEMORANDUM TO: FROM: SUBJECT LOCATION: APPLICANT /OWNER: PROJECT: DATE: City Manager Thomas Ekstrdnd, Associate Planner Conditional Use Permit Renewal Century Avenue Richard Pearson Rolling Hills Second Addition May 12, 1988 SUMMARY I ntroduction Action by Council: Endorsed Modified Rejected Date The applicant is requesting renewal of the conditional use permit for the Rolling Hills Mobile Home Park Second Addition. E:ackground On May 11, 1987, the city council approved the CUP subject to 15 conditions (see page 5). Ordin Reauir Section 36 -442 (e) requires 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. Discussion The project is developing in accordance to conditions. A one -year renewal should be granted so that council may review the project_'a, status next year. R ecommendatio n Renewal of the conditional use permit for the Rolling Hills Second Addition for one year. mb Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Rolling Hills Second Addition 4. May.li, 1987 CUP conditions - „,,� .............� .,._....,... ,. .,. �,aFrss ^.o c?e' tar;, T`{” nx , «,Rf`T�?R`:i?4yNft?'Ak�4'£�4 , "P�hY.�8w4FiY6 fwd, 5t• 7 .Y*'4!SO��.wm�r.'�vmara'{;!Ir.. :7 NZ q2) F F V � R R • F F F R3 R LBD (PUD) F R3 R3 (PUD (R2) F F R3 AA R R a F I MI 2) (PUD) MI F - . �. R 3 m J1)) R3 qr R3 Ef MI y 1 \ I RZ MC I EUD) 3 wagrLAxD R avE R R ni IPUD) 4�Rvuw _ BC i LBC K R3 G iE pKE / / l S D R ,<< i t C(M) —.I 3 R D A R .P • 'E R WE 5 41. 1 WW Sl q • M R F ��- IA _Al ~[ h[ �V MI W[ _ R Cn F R F - ac W r, s I R L!1 V R q R IN F F LOCATION MAP 2 Attachment 1 4 M1 PROPOSED 2nd ADDITION M re`• � i Pub. F i4 �nv 14 1� so PROPERTY LINE / ZONING MAP 3 Attachment 2 of ui l • 1 I i t (z) pi , L : le #o P- 31.53 R3 r,2C v { ev ' I L ROLLING HILLS SECOND ADDITION •� • , P1 I fi �, � � _ �1• ,.. • �I�If• LI r U • . , d. - °a I w n N n — M •. M p .. Vl h n n i 4 J 14 N N N N N N •• N N N •I N Aa %371 1316: 1315 l71e 13 1374 1'!72' 1111 /i 14 1x73 13 la.n ROLLING HILLS k4 MOBILE HOME PARK J N N N N H N " ry .N 1364 • J AAl ' 11 f COURT 1386 n M y y '} . J J M '1 137E N N N N N H 137Z 011346 N H H M N N ,U ry N N w C 1941 R= LI J u n n n n a Y M W N n a J J J J IlS4 N n N N N N N a 3 s,4. �. , 1347 1J4d 1943 1344 1139 ' 04 W1.�, lilS 1334. • 1D31 13 � 7 316 11382 11391 I 1371 37* 1373 372 1311 1370 ' 1347 gM 134a IS 49 .1366 i34a m 1364 Ja43 a 1351 /340 135E ' 1357. 134. 61 1937 133E 1355 .135E I354 13S3 W 1353 1341 1352 1351 1331 I3µ9. l3 13 µ4 I } 934.5 1O 1348 U7 1 6 34 1345 cc 131.3 93uµ 1.iµ2 134! I94µ• l3µ1 z 1337 13µe,1337 9340 1337 33d I W U N J mill", m N • J !, 4 e0 N J' o •} .! N J o �• H h ' J J J n h dJ w eo s• e. � N -0 J J J N N N N' N N N N N N N N N N N N IVY AVE. ROLLING HILLS SECOND ADDITION 4 Attachment 3 4 Approval is subject to the following conditions: 1. Compliance with state requirements. 2. There shall be no exterior storage of equipment such as bikes, hoses, lawnmowers, rakes, etc. 3. Each lot shall be allowed an exterior storage shed of no more than 120 square feet. Such shed must be kept in workmanlike repair and painted. 4. Each lot shall be allowed to have children's play equipment, unless the developer provides a tot lot adjacent to the community building. 5. Each lot shall be allowed a deck and carport, provided that either structure shall not be closer than ten feet to any adjacent dwelling. Carports shall not be closer than six feet to a private street and shall not have walls. On lots along Century Avenue, sheds shall not be closer than thirty -seven feet to the right -of -way. 6. All mobile homes must be new, skirted and tied down. Skirting shall extend from the frame of the chassis to the ground. Skirt- ing must be painted to complement the mobile home. 7. All tie -downs and foundations must meet the state building code. 8. The sign regulations for the R -3 district shall apply. 9. The following minimum setbacks shall apply for dwellings: a. Twenty feet to a private street. b. Forty -seven feet to the Century Avenue right -of -way. c. Five ?foot side yard setback on the side opposite the entry. d. Twenty foot side yard setback on the entry side. e. Seventy feet to a railroad track. 10. Sales of mobile homes shall be limited to those owned by park residents and those sold by the park owner for placement in the park. 11. The storm shelter shall be kept free of storage. The shelter shall be kept open at all times or keys shall be made available to all residents in a manner to be approved by the Director of Emergency Services. 12. The City shall not be responsible for maintaining any of the internal improvements. 13. Wat @r lines shall be flushed at least once a year. 14. Parking shall only be permitted on one side of each street. No parking shall be permitted closer than thirty feet to any intersection. 15. Adherence to the approved site plan and related conditions. Any significant change must be approved by the Community Design Review Board. Minor changes may be approved by Staff. Seconded by Councilmember Anderson. 5 Ayes - all. Attachment 4 '' / / ! � TO: FROM: SUBJECT: LOCATION: APPLICANT/OWNER: PROJECT: DATE: In troyuct i on SUMMARY Action by Council: Qudorood.~~.~....~~ Modlf1od.-.~_�_. Rejected. Dat The applicant is requesting a one-year time extension for the portion of Gonyea/s Oak Heights preliminary plat that has not been final platted" (Refer to the map on page /.) A sidewalk should he required along Lakewood Drive, from the north property line south to the planned trail to Pleasant View Park (Condition q,4)" This sidewalk would connect to the sidewalk proposed with the 4th addition to Highwood Avenue. The school district has requested sidewalks within one mile of elementary schools. A new elementary school is proposed at Highwood Avenue and Sterling Street. Other than this sidewalk, there have been no code changes or changes in adjoining uses that would warrant denial of an extension or revision of the conditions" The applicant is also making a good-faith effort to satisfy these conditions" Approve a one-year time extension for the unplatted portion of Gonyea's Oak Heights preliminary plat, subject to the original conditions of approval being amended as to include the following new language (additions underlined) : h. Final grading, utility, atreel, erosion control and drainage plans shall be approved by the city engineer " ~ , q" Submittal of a signed developer's agreement, with the required surety, to include, but not be limited to: 1-6 (unchanged) MEMORANDUM City Manager Randall Johnson, Associate Planner Time Extension Snowshoe Lane and McKnight Road Dennis D. Gonyea Gonyea/s Oak Heights (Phases 2 and 3) May 16, 1988 View Park (Condition_AV41,. REFERENCE 6~9-87 Council approved Gonyea/s Oak Heights preliminary plat (Phase II-III shown on page 6), subject to the following conditions: a" An easement for a temporary 100-foot-diameter cul-de-sac at the end of Snowshoe Lane must be submitted to the city engineer. b. A ten-foot-wide storm sewer easement shall be granted over the property in Phase 3 that is adjacent to Lots One, Two, Ten and Eleven, Block One. C. Granting an easement or having the city order a project to acquire a seven~acre-foot storm water pond on the property to the north of Lot 39, Block One. This easement shall include one foot of elevation above the 100-year storm design" Evidence shall also be submitted to prove that the pond's outlet is adequate. No site grading shall be allowed until this easement is obtained by the city. d" Phase 2 may not be platted until council orders the construction of Boxwood Avenue. If council chooses to allow Boxwood Avenue to be a cul-de-sac then right~of~way for a 120~ foot-diameter cul-de-sac bulb shall be shown on the plat at the end of Dorland Road. The location shall be approved by the city engineer" e. The southwest portions of Lots One, Two and Three, Block Two, shall be platted as one or two separate lots fronting on the intersection of Boxwood Avenue and Dorland Road, f, The city engineer must negotiate an agreement with the City of 5t. Paul for the joint use of St" Paul's sanitary sewer in McKnight Road" Each phase must be consistent with the city sewer plan" g" Perculation test results must be submitted for approval to the city's environmental health official for Lots One, Two and Three Block One" These tests shall be conducted as required by the city's health official and prove that on-site sanitary facilities will function properly. If the results are negative, the affected lot(s) shall be platted as an outlot until sanitary sewer is available. h" Final grading, utility, erosion control and drainage plans shall be approved by the city engineer. The erosion control lan hall address the recommendations of the Soil Conservation x s a o Service and the provisions of Section 9-191 (3)(b-3) of the environmental protection ordinance" i" A forester or nursery-approved plan must be submitted to ` 2 the city to thin the stand of scotch pines on Lots 12, 13, 28 and 29 of Block One and for the transplanting of any free- standing cedar trees that can be saved if it would otherwise be lost during site grading. j^ Snowshoe Lane shall be extended to the east property line, directly to the east of its intersection with proposed Oak . Heights Drive, with Phase 3. k. "valley View Court" shall be renamed "Moreland Court"" 1. "Oak Heights Drive'/ shall be renamed "Lakewood Drive" m" A 7.5-foot-wide storm sewer easement shall be shown along the north line of Lot One, Block Three" n" The proposed ten-foot-wide walkway easement shall be shown as a "pedestrian way". o" A temporary 100-foot-diameter cul-de-sac bulb easement shall be granted to the city for the south end of Oak Heights Drive is not guaranteed to be constructed through to Sterling Street" p" The right-of-way for Snowshoe Lane and Oak Heights Drive shall be revised, as necessary, to provide for 250-foot-radius curves" The Oak Heights Drive right-of-way shall hot be moved south of its location on the 2-2-87 plans without approval from the city" q" Submittal of a signed developer's agreement, with the required surety, to include, but not be limited to: 1" The construction of all public improvements except Boxwood Avenue for the phase being platted, including the storm sewer outlet to the north. 2" The thinning of the stand of scotch pine trees" 3" Construction of a temporary cul-de-sac bulb for Snowshoe Lane" 4" Construction of a ten-foot trail (eight feet if not fenced) from proposed Oak Heights Drive to the existing trail in Pleasant View Park. Fencing on the applicant's prop*rty shall be at the applicant's discretion" If fencing is to be installed, the type, height and location shall be approved by the parks director. The developer shall be reimbursed from PAC funds for the construction of the part of the trail to be ^ located on city property. The parks director shall approve the cost of trail construction on the park property. K 5" Transplanting any free-standing cedar trees to another on-site location. 6. If Oak Heights Drive will not be constructed through to Sterling Street, then the construction of a temporary cul-de-sac bulb shall be guaranteed for the south end of Oak Heights Drive, 7" A contract(s) being signed for the construction of a street from Highwood Avenue or Sterling Street to connect with Snowshoe Lane in Phase I, before Phase III is platted" 4-^28~87: Council approved the final plat for Phase I. k Attach nent 1" Neighborhood Land Use Plan Map 2" Preliminary Plat 3" Final Plat (First Phase) 4" Area Property/Zoning Map 4 najor collector d. �. ,., F. 4 I . O O I� I is Highwood NEIGHBORHOOD LAND USE PLAN Attachment 1 5 V Street right —of —way vacated ' P 1 61 H WOOD He\ Phase IV o = =.. AVE. .' L", r Phase III S _-__ C - 1 ..4 "' �i'•r mot.= ! �` - f.' % ''i- —I °\ a• l _ ! � � ;• 1 ` ^� : . Phase 1 , w ` �-7 cto r.., ..K 3 $ 24 � -2• - „i ` .� \ '•� ° Q p ,'° i • t1 �'! a2 : 2 24 !, ,:Phase 1 f — �r•fr.F.,.. ��..,rnj i.e.,..�w,.w�� g Street right —of —way ' e I .vacated i■ pREL IMI NARY ALAT j - GO NYEA S Ale 11E 16!{T5' 6 Attachment 0 N =i , 1 ` 1 OUTLOS • —J lu I S IF. K IRST I 3 I tIRST HiGHWOOCI „ AD6ITIC seo•se Dqe 4s. - -- -- -- x3o- -------- - r [L+] 13 11 12 1 R 19 I ° a ° 1 - 0 4 • 7 O Z' I L ------------ SS.ae n-x.o.n__— _ -_ -__ 14 ^ O ' 1 V•41 _ _- ____�______________ 15 I)I 1.7 a • 20 , L N.3•SSb'W -'. ++ ` - -�i 21 S dP >IMSYOf 1 1 � NS/SYC(W� � 27 I VSn 2 1 23 ' I 8 24 1 25 'a' 26 �nw3ww Ln I.IOLao 'O� •. � I '�' i i I +o'�.j i vt �i3 R , 1 I S.ro3'3r I r,. I \_ R SnaWThe• R. ac f C " 11 ' 4 � I I 2 'JOQO X1204, 3'>H 1bli �.1. M 1 y n �a R y� [L+] 13 11 12 1 R 19 1E 17 j A 18 8 3>u.vmwl "` 14 ^ O ' 1 V•41 16 _ b 1 15 I)I 1.7 a • 20 , L N.3•SSb'W -'. ++ ` - -�i 21 S dP >IMSYOf 1 1 � NS/SYC(W� � 27 I i u, �d22 1 23 ' I 8 24 1 25 'a' 26 �nw3ww Ln I.IOLao 'O� •. � I '�' i i I +o'�.j i vt �i3 R , 1 I S.ro3'3r I r,. I \_ R SnaWThe• R. ac f Lai Q y H i • X , 3 g • 1 " L_ I � I 3 >Sy>L•,+1:� _' , 4 5 w I m ' I sn•. 3 Is I e Outlot B 1 — J ' eiw _• us xam Bo3•ood ee2oo I I � 7 21 e HEIGHTS Area for which a time extension is requested. Outlot A .yl I 1 to 9 o I , tt MIWS ' Sv"arW W2+_ bb, N ...... t. lir N143.W.I/.•1N• IL�IW f.W. I /. N 3.1.13.1. i3. L !1 1 GONYEA'S OAK HEIGHTS FIRST ADDITION 7 Attachment 3 4 IN Notat The sllgnaant of lalmvopd Brlva as approved /or the proposed location by comprahenslva plan • amendment on 2- 37-88. ..._- a Hi 9 hwood venue N � ..— :,.4::,. `� ~�t�± u uanm�"al ove— ray aaan�uasur• vp�NYra frel w , . -. w 7Y M. li A' 1 '.W aA•, P hl I .. t �.L a ❑I ii. 2322' ' U ,ALjy_ Phase V � •� f •,' • ln. e (present proposal) •al - ,q t4 i v. • !ur•^1° `a i r �ma m w 11 I e . "� : Is I I:: ev.•a. Phase IV ,. .. Y ':. de .,r a . (approved 1 - 87) A '� _+....� 1� � • ..�. rW Q(� . 1 - C :; 'TOVVFHeRe - • me - Y� .�• i �YM�GI�N��efla,le m • �1 ct o �0 Pleesentvlar Park no Phase I ` ` (approved 6-8 6 -8 (approved 6 -8 -87) Phase 111 1 i - v ''•. '�i o Snowshoe Maplewood Highlands •t '� '� .t Lane r (approved 2- 22-88) St. Paul Ski Club Phase 11 • i (approved 6 -8 -87) � I F �'> '� 7 /�•' �� l J >a.. o00 -..:viT .o ,.•.-.t...:..._...r �;. .� t ___ lo�l ,. T71 1 • �• �dl Iii r lr t . l a nss.. L ,1 ( I .H ..+anti I a t .. • .. 1 C _ L.- . . -: ..�-•'• .... I 41 PROPERTY LINE / ZONING MAP Location of Gonyea's Oak $ Heights Preliminary Plats � - Attachment 4 i4 MEMORANDUM TO: City Manager FROM: City Clerk RE: Authorization to Fill Vacancy DATE: May 17, 1988 Action by, Counoil-v Endorse Modified Rejected — Date Jeanette Carle has been appointed to fill the vacancy created by Phyllis Green's retirement. Authorization is needed to fill Jeanette's former position - Motor Vehicle Clerk ( Clerk- Typist). MEMORANDUM To: City Manager Michael McGuire From: Chief of Police Kenneth V. Collins Subject: Hiring of Two Part -Time CSO /Paramedics E- /® April 21, 1988 Endorsed - -; >. Modified— Rejeote r Date In the 1988 budget, the City Council approved the hiring of two part -time Community Service Officer /Paramedics. We would like to begin that process by advertising for those positions. KVC:js cc Paramedic File CSO File Action by Counoll: MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Code Amendment - Setback to Residential DATE: March 30, 1988 Introduction Eodorxod.~~~~°°~~^ Modified. Bojoot8d~^°~.°^^�°~ Dat Zones Staff is proposing an amendment to each commercial and industrial district to allow a building addition to encroach into a required setback by conditional use permit. Discussion The intent of the code is to provide a reasonable setback from commercial and industrial buildings to residential zones. In the case of a building addition, the requirement may be a problem if the original building setbacks were established before the setback requirement was adopted" A conditional use permit would allow the city to evaluate each addition on a case-by-case basis, while preserving the intent of the 50-foot setback requirement. Cases may vary based on the type of use, appearance of the addition, proximity to adjacent homes and the setback of the building being added on to. The city adopted a similar amendment for residential building additions in 1985° Recommendation Approve the attached ordinance. ORDINANCE NO" AN ORDINANCE AMENDING THE SETBACK REQUIREMENTS FOR COMMERCIAL BUILDINGS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS (additions are underlined and deletions are crossed out) : Section 1. Section 36-153 (3) is amended to read as follows concerning structures in BC business commercial districts: (3) Setback from property zoned residential- The building shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy-five (75) feet, subject to the most restric- tive of the following requirements: (a) Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty-five (25) feet in height" (b) Exterior wall area: Where an exterior wall faces a residentially-zoned property, the wall setback shall be increased five (5) feet for each one thousand (1 square feet, or part thereof, in excess of two thousand (2,000) square feet. A buildinq addition which would encroach into a reouired setback mav be approved by conditional use permit. if Such encroachment would be consistent with Surrounding Property setbacks and screened in a manner acceptable to the community design review board. At least 667 a+ the addition shall be screened from abutting residential property. Section 2" Section 36-140 (f) (1) is amended to read as follows concerning structures in CO, commercial office districts: (1) Adjacent to residentially-zoned property: A building shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy-five (75) feet subject to the most restrictive of the following requirements: a, Building height" The building setbacks shall be increased two (2Y feet for each one foot the building ^ exceeds twenty-five (25) feet in height. b. Exterior wall area: Where an exterior wall faces a residentially-zoned property, the wall setback shall be increased five (5) feet for each one thousand (1 2 Section 3. Section 36 -155 (f) is amended to read as follows concerning structures in PC (M), business commercial (modified) districts: (f) Setback from property zoned residential: The building shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: (1) Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty - five (25) feet in height. (2) Exterior wall area: Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. Section 4. Section 36 -172 (6.c.) is amended to read as follows concerning structures in SC, shopping center districts: (c) Where adjacent to a property zoned residential, buildings shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: 1. Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. 3 square feet, or part thereof, in excess of two thousand (2,000) square feet. abutting residential property. Section 6. Section 36 -189 (M -1 light manufacturing district) is amended as follows (- a"4.t44aRs- -a+°e -t-wt eP4 'Re� Sec. 36 -189. S7 - aft rcerr` d- Setbacks adjacent to residentially- zoned property. The minimum side and rear yard setbacks shall be fifty (50) feet and the minimum front yard setback shall be thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: (1) Building height. The building two (2) feet for each one foot five (25) feet in height. setbacks shall be increased the building exceeds twenty- (2) Exterior wall area. Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (1 square feet, or part thereof, in excess of two thousand (2,000) square feet. Section 7. Section 36 -204 (M -2, heavy manufacturing district) is amended as follows: Sec. 36 -204. Side -a�- FelaP-y am Setbacks adjacent to residentially - zoned property. The minimum side and rear yard setbacks shall be fifty (50) feet and the minimum front yard setback shall be thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the 4 2. Exterior wall area: Where an exterior wall faces a residentially -zoned property, the wall setbacks shall be increased five (5) feet for each one thousand (1 square feet, or part thereof, in excess of two thousand (2,000) square feet. following requirements: (1) Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty - five (25) feet in height. Section S. This ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council this day of , 1988. Attest: Mayor ty Clerk Ayes-- Nays-- 5 (2) Exterior wall area: Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet far each one thousand (1 square- feet, or part thereof, in excess of two thousand (2,000) square feet. , 1 Action by Counci:l$' TO: FROM: SUBJECT: LOCATION: DATE: Introdu MEMORANDUM Endorsed.- Modified --w Rejecte -- City Manager Director of Community Development Plan Amendment, Rezoning, Conditional Use Permit Revisions and Parking Space Authorization Century Avenue and Seventh Street April 21, 1988 The city council on February 22, initiated: 1. A plan amendment from RL, residential low density to SC, service commercial for the existing commercial uses on Century Avenue, south of Seventh Street. 2. A rezoning from R -1, single dwelling to BC, business commercial for the outdoor sales area at the Dege Garden Center. 3. Renewal and revision of the conditional use permit for the parking lot to include the garage and delete the outdoor sales area. George Dege is requesting the following for the Dege Garden Center at 831 N. Century Avenue: 1. A variance of 22 1/4 feet to keep an overhead canopy 27 3/4 feet from the south property line. City code requires at least a 54 -foot setback. 2. Authorization for 31 parking spaces. Code requires 53 spaces. Background Summary (see Past Action section for detailed history) 5- 26 -79, 3 -3 -80 and 3- 23 -81: Building permits were issued for a temporary greenhouse until July 29. A permanent canopy was constructed later without a permit. 10- 15 -86: Mr. Dege obtained a building permit for the garage in the parking lot to park his recreational vehicle. The city stopped construction after complaints from several neighbors that the garage violated the conditional use permit for the site. 11- 17 -86: The planning commission outdoor sales area. One condition Mr. Dege sells the land. 12 -8 -86: Council denied a revision allow the garage, but approved the later ruled that the outdoor sales conditional use permit. recommended approval of the garage and was that the garage be removed when to the conditional use permit to outdoor sales area. The city attorney area cannot be approved with a 5- 14 -87: District Court issued an order allowing Mr. Dege to complete construction of the garage. 12- 18 -87: The Court of Appeals overruled the District Court, supporting the city's 12 -8 -86 denial of the garage. Discussio The procedures and approvals requested are numerous and complicated, but they boil down to two parts - the garage and the outdoor sales area. The garage has created the most controversy. The garage: The decision on whether to allow L garage to stay should be basad on the findings required by code - the findings for expanding a non- conforming use and for approving a conditional use permit. In considering approval, Mr. Dege should not be given any sympathy because he may lose the money he is investing in the garage. He took that risk when he built the garage in violation of the conditional use permit. Nor should Mr. Dege receive any sympathy because a building permit was issued. The Court of Appeals has made it clear that Mr. Dege is responsible for complying with and knowing the terms of the conditional use permit, regardless of whether an error was made in issuing the permit. In considering denial, the garage should not be denied simply to punish Mr. Dege because he built illegally'. This is a separate enforcement.issue. If denied the garage,.Mr. Dege's punishment will be to take down the garage and suffer the financial loss. Council is considering approval of the garage as an enlargement of a non- conforming use - an off- street parking lot in an 8 - 1 9 single - family zone. Section 36 -17(e) of city code allows the enlargement, reconstruction or structural alteration of a non - conforming use if the city finds, through a conditional use permit, that there would not be a significant effect on the development of the parcel as zoned. The garage meets the size for residential use. The same garage could be built on any of the neighbors' lots. If the parking lot was ever replaced by a home, the garage could remain. Therefore, the garage would not effect the future use of the property for residential use and should not be considered "creeping commercialization ". The garage is also almost entirely screened from view from the streets and neighbors' view. An appraiser, who has worked for the city, is of the opinion that this garage does not cause any significant damage to the values of the neighborhood properties. (See attached letter on page 29.) In short, it meets the findings for the expansion of a non - conforming use and for a conditional use permit. The attorney for some of the neighbors is of the opinion that a garage cannot be considered as an enlargement of the non - conforming use - the parking lot. Section 36 -6 of city code defines a parking space as an open space or garage on a lot, used for parking motor vehicles, to which there is access from a street or alley. It seems logical, therefore, that Mr. Dege's garage can be considered an expansion of the previously approved parking lot. 2 The outdoor sales area: There seems to be a consensus that the outdoor plant sales are not objectionable, particularly if the canopy and facade are remodeled. In fact, these sales have occurred for at least nine years without complaint. There also seems to be agreement that any rezoning should be limited to the west line of the canopy. This creates a procedural problem. City code requires a fifty -foot setback to a residential district. This would require variances from the residential zone to the west and south. It does not appear that these variances meet the findings required by state law. The zoning line can be moved fifty feet west of the canopy to meet code. Likewise, the canopy can be cut back to a minimum variance from the south lot line to just cover the entrance ramp with a two -foot overhang. It would be esthetically more desirable to have this area covered. Mr. Dege would, however, not lose any covered area, since he is proposing to expand the canopy area to the north. The best way to keep the current canopy setback to the south and allow a rezoning at the west line of the canopy would be to amend the code to allow building additions within the 50 -foot setback by conditional use permit and amend the current conditional use permit to include reduced setbacks. Recom I. Approve the resolution on page 20 amending the comprehensive plan from RL, residential low density to SC, service commercial for the BC, business commercial zone at the corner of Century Avenue and Seventh Street and the area proposed for rezoning on the Dege Garden Center property. Approval is based on the findings that: A. This corner has been zoned and used for commercial use since the 1960s. B. There was an oversight in designating this site for low density residential use when the plan was adopted in 1973. C. The outdoor sales area on the Dege Garden Center property has operated since at least 1979 without adverse affect to the adjacent properties. THE FOLLOWING RECOMMENDATIONS ASSUME THE RESIDENTIAL SETBACK ORDINANCE IS APPROVED: II. Approve the resolution on page 21 which moves the R -1 /BC zoning line to the west line of the canopy. In addition to the four findings required by code, approval is based on the findings that: A. Outdoor sales have been conducted on this land since at least 1979 without complaint. B. The outdoor sales area was approved with a conditional use permit on December 6, 1986. Cl III. Renew the conditional use permit for one year and approve the resolution on page 22 which makes the following revisions to the permit: A. The language approving the outdoor sales area is deleted. P. The language denying the garage is revised to approve the garage. C. The setback to the R -1 zone on the west is reduced to zero and the setback to the R -1 zone on the south is approved at 27 3/4 feet. The basis for these changes are as follows: A. The city attorney has ruled that outdoor sales cannot be approved with a conditional use permit in an R -1 district. B. The parking lot is a non - conforming use. Section 36 -17 (e) of city code allows the expansion of a non - conforming use by condi- tional use permit. The garage is an expansion of the parking lot. C. There would not be a the parcel as zoned. D. The garage is almost E. The garage meets the F. The zero setback to the R -1 zone is developed significant effect on the development of entirely screened from view. requirements for residential use. the R -1 zone to the west is justified since as a commercial parking lot. G. The 2'7 3/4 -foot setback to the south lot line is justified since a six- foot -high screening fence would be constructed, 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 (deletions are crossed or..rt and additions are underlined): 1. The site plan submitted by Mr. Dege on October 27, 1986, eNE-ept - 44� including the garage, shall be revised based on a survey o th sou lo . r ewired by th e desig review b oard,__ ehall be considered part of this permit. Any change must be approved by the community design review board. 2. The parking lot may only be used for parking for the garden center building. The garage may be used for the storage of a recreational v ehicle . 3. No commercial use for sale, storage, display or advertising signs of garden materials, plants, or any other kinds of goods shall be allowed 4 anywhere on the legally described property to which this conditional use permit is issued �accep#- ode +- taea- appnoa�ed- caFHapyT - -�lae �aaop� -coal L- b�e6- eRaE -1 e - -Sal es- +wse#>y- l oats mad - o�sew+ir+s- atr�aw- #xxaa�- �pai�- ��xRg#a-anePtea�k any -- Ne- ottie+R 1 ypa6 a # - Gal -06 -0n- 4&#42aa9Q- cbai -1 - la436- a44-Gwed, or the Parking 1 of . 4. No portion of this site or parking lot shall be used for truck or trailer storage, except in the garage 5. Review, renewal or revocation of this permit shall be in accordance with city code. 6. Any trees on the site that die must be replaced. 10. 11. The garage color must remain green. IV. Authorize 31 parking spaces, rather than the 53 spaces required by code, on the basis that: A. The business is seasonal. B. The outdoor sales have been conducted since at least 1979 without a parking problem. C. The garage and canopy could be removed for additional parking if the use changes. V. Take no action on the setback variance to the south lot line, if the code amendment is approved. IF THE SETBACK ORDINANCE IS NOT APPROVED: I. The rezoning should be extended 48 feet to the west of the canopy (allows a two -foot overhang). II. Deny a variance of 22 1/2 feet to keep the overhead canopy 27 3/4 feet from the residential zone to the south, on the basis that strict 7. No exterior lighting or speakers shall be allowed. enclosure. enforcement would not cause undue hardship because of circumstances unique to the property:. A. The property could be put to a reasonable use with a variance of only 3 -1/2 feet. B. Mr. Dege is proposing to extend the canopy 26 feet to the north, which would compensate him for the loss of canopy area to the south. V. Approve the resolution on page 27 approving a variance of 3 1/2 feet to keep the overhead canopy 46 1/2 feet from the residential zone to the south. Approval is based on the following findings: A. Strict enforcement would cause an undue hardship because of circumstances unique to the individual property under consideration. 1. Without the variance, part of the entrance ramp would be exposed and could become slippery and a safety hazard when wet. 2. The code requiring a fifty - foot setback was passed after the entrance ramp was constructed. The plight of the landowner is due to circumstances unique to the property and not created by the property owner. 3. The variance would not alter the essential character of the locality, since the variance is minimal and, with screening; the 3 1/2 feet of canopy within the setback would not be visible to adjacent properties. H. The variance would be in keeping with the spirit and intent of the ordinance. 2 REFERENCE Site Area 43,293 square feet Surrounding Land Uses Single dwellings to the north, south and west of the parking lot. Dege Garden Center fronts on Century Avenue along with other commercial businesses. Legal Citations City Code 1. Section 36 -17 (e) states: "No existing building or premises devoted to a use not permitted in the district in which such building or premises is located shall be enlarged, reconstructed or structurally altered, unless: (1) Required by law or government order: or (2) There would not be a significant affect, as determined by the city through a special use permit, on the development of the parcel as zoned." 2. Section 36 -22 (a) (6) requires that there be one parking space provided for each 200 square feet, or portion thereof, of floor area for- commercial buildings. Section 36 -22 (a) provides that council may authorize fewer parking spaces. 3. Section 36 -153 (3) requires that buildings in a HC district shall have minimum side and rear yard setbacks of 50 feet from property zoned residential. State Law Section 367.10 Subdivision 6 (2) of state law requires that the following findings be made before a variance can be granted: a. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. b. The variance would be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not 7 constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Past Actions 8- 18 -55: Permit issued for construction of a 40' X 60' block building on Lot 2 (the Knights of Columbus building). 8 -1 -61: Permit issued for a 24' X 60' addition to the Knights of Columbus building. 3- 1 2-69: The Knights of Columbus stated that they had purchased Lots 31 and 32 and requested a rezoning to LBC, limited business commercial for overflow parking. 5- 15 -69: The city council denied a request for a special use permit to use Lots 31 and 32 for parking. The planning commission had recommended approval of temporary parking, subject to an annual renewal of the permit. 12 -4 -69: Council approved a 50' X 60' addition to the Al Liege Seed Company, subject to the following conditions: 1. The following to be subject to staff approval: a. Treatment of building facade. b. Layout and plans for off - street parking. C. Signing plans. 2. Outside storage and /or displays to be subject to staff control and approval. 3. No commercial use shall be made of property west of the west tract line as indicated on the site plan. 4. building plans approval shall be void if no permit is properly applied for prior to July 1, 1970. 1 -2 -70: Business license was issued to Al Dege for garden tools. 1 -6 -70: Building permit issued for a 50' X 84' warehouse addition. 6 -3 -71: Council approved a special use permit for a 28 -space parking lot on Lots 31 and 32, subject to the following conditions: "(1) The submitted parking plan architectural site plan prepared by Bather Ringrose Wolsfeld, Inc., dated May 3 1971 shall be the approved and governing plan layout and control on all site planning, development, and land use. "(2) The Special Use Permit for 28 off - street parking spaces shall be restricted for parking use only relating the existing business 91 establishment known as the "Dege Garden Center" as it is presently constituted in terms of total retail floor space and retail ground area; 11 (3) The entire parking surface area and drives within the area connecting to the streets shall be hard - surfaced with bituminous asphaltic mix and appropriately marked prior to use for off - street parking purposes; 11 (4) The landscaping treatment as specified on the plan shall be installed prior to allowance for use for off- street parking. 11 (5) No commercial use for sale, storage, display or advertising signs of garden materials, plants, or any other kinds or goods shall be allowed anywhere on the legally described property to which this Special Use Permit is issued. 11 (6) No portion of the approved parking lot area shall be used for truck or trailer storage. 11 (7) The drainage of the parking area shall be subject to approval by the Village Engineer and shall be resolved and rectified prior to occupancy to the Parking Permit area being granted by the Village Building Official; "(8) This Special Use Permit shall be subject to review at the discretion of the Village Council at anytime the council has reason to review the permit due to negligence of maintenance, change in planning or development conditions in the area, non - compliance to imposed conditions of the permits, or justified and proven citizen complaints. Further, the council upon demonstrable findings, may by majority vote act to revolve such permit. To modify any of the conditions of this permit or change the physical arrangement of the plan shall require a public hearing and compliance to all procedures of the Special Use Permit hearing procedures specified in the Municipal Zoning Code. 11 (9) The Special Use Permit to use the site for off- street parking shall be assigned to the Dege Garden Center. Any change in the - occupancy or use of the current Dege Garden Center shall not give future occupants any rights to the use of the parking allowed in this permit. Further, should the.Dege Garden Center vacate its business premises, go out of business, or abandon its current business site, then the Special Use Permit for off - street parking for Lots 31 and 32, Blk. 1, Cahanes Acres, shall become immediately null and void and such parking land use rights in this permit shall not be transferable or negotiable by the permittee (Mr. Albert Dege) to any future occupants or purchasers of Dege Garden Center property located at 831 Century Avenue North. "(SO) This Special Use Permit must be exercised by obtaining a driveway construction permit within 15 days from the date of final Village Council approval on the Special Use Permit becomes void. 0 "(11) The Permittee (Mr. Albert Dege) shall sign a waiver agreement with the Village which specifies that he, as the Permit Holder, waives any legal claims for damages or business loss against the Village should the Village withdraw the Special Use Permit. Also, the agreement shall provide that Mr. Albert liege shall not be able to use the Special Use Permit parking area as an item of claim against any other level of government which should act to physically improve and /or widen Century Avenue where a condemnation of land might be necvs•_ >ary for additional widening." 1 -6 -72. Council approved construction of an artificial facade on the south and east side of the building. 5 -5 -72: A building permit was issued for 30' X 45' wood frame addition for a new entrance on the west end. (There was an error on the permit. The permit was for an addition on the east end. The city planner noted on the site plan that there was adequate parking on the west side of the building to accommodate the addition.) 6- 22 -72: The city council heard six complaints about the Dege parking lot, including commercial sales and storage. Mr. Dege agreed to comply with the permit and no action was taken. 8 -1 -74: The city council approved a greenhouse addition on the north side of the building. 7- 10 -75: Council held a hearing to discuss neighborhood complaints with the use of the Dege Greenhouse, including a plastic covered greenhouse for the sale of plants and a dumpster. Council moved to inform Dege Garden Center that they must comply with their permit. 3- 26 -79 3 -3 -80 and 3- 23 -81: building permits were approved for a temporary greenhouse until July 29. A permanent canopy was constructed later without a permit. 10- 15-86: A building permit was issued for a 12' X 58' garage. 10- 22 -86: A stop -work order was issued. 10- 27 -86: Council authorized lifting the red tag to complete the roof. 12 -8 -86: Council renewed and revised the 1971 conditional use permit to allow an expansion of the parking lot from 28 to 33 spaces and an indoor /outdoor sales area under the approved canopy and fenced area, Subject to the following conditions: 1. The site plan submitted by Mr. Dege on October 27, 1986, except for the garage, shall be considered as part of this permit. Any change must be approved 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 10 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, except under the approved canopy. The canopy shall not be enclosed. Sales shall be limited to nursery plants and covering straw from April through September. No other type of sales or storage shall be allowed. 4. No portion.of this site shall be used for truck or trailer storage. 5. Review, renewal or revocation of this permit shall be 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. The garage was denied. 12- 22 -86: Council took no action on a request by Mr. Liege to be reimbursed by the city for $5,150 of his costs to construct the garage. 5- 14 -87: District Court restrained the city from taking action against Mr. Liege over his garage. 6- 22 -87: Council initiated an amendment to the conditional use permit to allow plant sales to continue in the fenced area outside the canopy. k Attachments 1. Existing Land Use Map 2. Proposed Land Use Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Site Plan 6. Site History 7. Dege Letter 8. Dege Letter 9. Plan Amendment Resolution 10. Rezoning Resolution 11. CUP Resolution 12. Variance Resolution 13. Appraiser's Letter 11 Maryland Ave. Stillwater Road Harvester Minnehaha mway .L 1 -94 Beaver lake NEIGHBORHOOD LAND USE PLAID EXISTING 12 A 1 4 " 9 A q M �f • A ° Maryland Ave. in Stillwater Road Sc Harvester SL . Minnehaha Conway I -94 Beaver lake NEICNDC11IIOOD LAUD USE PLAN PROPOSED 13 Attachment 2 9 1 - V Deqe Garden Center ,I 831 819 805 j 799 0 n , L r� 0 9.) tin V L L PROPERTY LINE / ZONING MAP PROPOSED ZONING 15 Attachment 4 839- 1 835 Dege Garden Center 831 7 819 805 799 07 N _.. 7TH - STREET _ v e tUnt ►.>,.,.r i E� L (s'u1.•7..1a ,Q . O •0 ,a J s *��s n W.ii rea, T • "• .�• Fxitm4e. .ptnF7�.lOJt Su4iAC�r . ...7 •/LVAS = . �l - 51 1 ♦•stJ • _,;��'i�•'�� weal - F�•�t i ■ rr. ; ■ J ' __ I. __ psrct . =210 Zoning boundary between R -1 (west side) and BC (east side) • C N ee4Tv9.Y Avg , i Oeje 4dAl'No4 ��pnoe� 1971 'I'll M4 T n sv/nnt G '� ✓ s or�/t I �N K. c. 31 .�y• � o -•� rr,nr lY >6 � —• ti 1 A v • �'e9e �,lil{lY., o � CaaAdl ll/plr''A' 4` � � I erin,f /9To �• ° ! 115 -/✓Y /.�+I a f i;ait 1979 l9gor 1151 l2rnMAM lrnu�y /7 /HYJCI� , I 41; 17) f,,, w 'Y uprp"/ SITE H I s eY' /�t�rlflc� �zv. 17 Attachment 6 GARDEN CENTER 33age 831 CENTURY AVE. Tot Maplewood Officials, 818- 739 -8314 NO, SAINT PAUL, MINNESOTA 55119 March 17, 1988 This letter is written to inform you of our unique situation regarding parking space requirements. Our parking lot of 31 spaces is more than adequate for our type of business. up until 1986 we had 27 spaces and for 18 years that was plenty. In the last (Feb. thru Oct.). Our busy 4 years we are now only open for a 9 month period, season (higher traffic) is April 20th. thru June. Our retail space (sq. ft.) is 6,236. Add the glass greenhouse (which has customers primarly from April thru June) and the total is then 7,356. Our warehouse space is 3 sq. ft. which we have no extra people working in that area. The canopy where plants are sold is 2,460 sq. ft. I understand that we would now fall into the newer parking requirements by making the canopy area legal, but if we just sold plants there with no canopy that area would not be considered in your parking requirements. W,NIr the newer parking regulations for our business, I ask that you wars considering our long past record of containing our customers cars in a resonable manner with the spaces we now have. Yours in serving the CComm V, Geo a S. Dege LAWN and GARDEN CENTER — GROWER'S SUPPLIES Attachment 7 Cep OAIRDEN CENTER 631 CENTURY r 7 a g e AVE. NO. 618 - 739 -6314 SAINT PAUL MINNESOTA 55119 March 17 1988 Statement for variance at 831 N. Century Ave. Dege Garden Center. By taking down the existing canopy (26 ft.) to meet the 50 ft. set hack rule From our south side lot neighbor. We would no longer have a 7ft. wide covered entrance to the store which is a ramp 12 ft. long. This would greatly add to a slippery condition that has now and for 5 years been eliminated by this canopy. Regarding the other (19 ft.) of canopy that would be removed south of the entrance ramp. Eliminating this section would not protect our plants or customers from inclement weather conditions, plus the biggest negative would be the exposing (26 ft.) of wall that has been discreatley covered by a sloaping beige roof. The remodeling plans for the canopy which we have submitted shows a lower profile exposure to our building with the ends finished off. Lopping off26 ft. of the existing canopy would greatly effect the west end design. The view from the south would also be affected by not having an end on the canopy. The community is wanting a clean neat approach to commercial business that have a wall facing R1 zones. We rel3 that following the plans we have submitted would acomplish these goals. FaE` Thank You y7� George De e LAWN and GARDEN CENTER — GROWER'S SUPPLIES 19 Attachment 8 PLAN AMENDMENT RESOLUTION WHEREAS, the City Council initiated an amendment to the Maplewood Comprehensive Plan from RL, residential low density to SC, service commercial for the following- described property: Lot 1 -4, Block 1 Cahanes Acres and the east 66 -1/2 feet of Lots 31 and 32, Block 1, Cahanes Acres This property is more commonly described as the southwest corner of Century Avenue and Seventh Street. 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 present written statements. The planning commission recommended to the city council that said plan amendment be 2. The Maplewood City Council considered said plan amendment on 1988. The council considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment be approved on the basis of the following findings of fact: 1. This corner has been zoned and used for commercial use since the 1960s. 2. There was an oversight in designating this site for low density residential use when the plan was adopted in 1973. 3. The outdoor sales area on the Dege Garden Center property has operated since at least 1979 without adverse affect to the adjacent properties. Adopted this day of , 1988. Seconded by Ayes -- Attachment 9 REZONING RESOLUTION Pursuant to due call and notice thereof, a regular meeting of the city council of the City of Maplewood, Minnesota was duly called and held in the council chambers in said city on the day of , 1988 at 7 p.m. The following members were present: The following members were absent: WHEREAS, the city council initiated a rezoning from R -1 to BC for the following- described property: The easterly 21 feet of Lots 31 and 32, Block 1, Cahanes Acres This property is also known as 831 N. Century, Maplewood; 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 Commission 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 published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described rezoning be approved on the basis of the following findings of fact: 1. fhe proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 21 Attachment 10 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. Adopted this day of , 1988. Seconded by Ayes -- STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed clergy: of the City of Maplewood Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood held on the day of , 1988 with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar a=.; the same relates to this rezoning. Witness my hand as such clerk and the corporate seal of the city this day of , 1988. City Clerk City of Maplewood Pka CONDITIONAL USE PERMIT RESOLUTION Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Maplewood., Minnesota was duly called and held in the council chambers in said city on the day of , 1988 at 7 p.m. The following members were presents The following members were absent: 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. 2. Mr. Dege requested a revision to the permit in 1968 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 considered 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 23 Attachment 11 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 properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the city. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. 11. The city attorney has ruled that outdoor sales cannot be approved with a conditional use permit in an R -1 district. 12. The parking lot is a non - conforming use. Section 36 -17 (e) of city code allows the expansion of a non - conforming use by conditional use permit. The garage is an expansion of the parking lot. 13. There would not be a significant effect on the development of the parcel as zoned. 14. The garage is almost entirely screened from view. 15. The garage meets the requirements for residential use. 16. 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. 17. The 27 3/4 -foot setback to the south lot line is justified since a six- foot -high screening fence would be constructed, 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. 24 Approval is Subject to the following conditionas 1. The site plan submitted by Mr. Dege on October 27, 1986, including the garage, 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 plan submitted on December 15, 1987, with any revisions required by the Design Review Board, shall be considered part of this permit. Any change must be approved by the Community Design Review Board. 2. The parking tot may only be used for parking for the garden center building. The garage may be used for the storage of a recreational vehicle. 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, except in the garage. 5. Review, renewal or revocation of this permit shall be 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 -round 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 or garage for additional parking or to reduce parking demand if the use changes. 25 Adopted this day of , 1988. Seconded by Ayes -- STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed clerk of the City of Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the day of , 1988, with the original on file in my office, and the same is a fu11, true and complete transcript insofar as the same relates to a conditional use permit. Witness my hand as such clerk and the corporate seal of the city this day of , 1988. City Clerk City of Maplewood fz VARIANCE RESOLUTION Pursuant to due call and notice thereof, a regular meeting of the city council of the City of Maplewood, Minnesota was duly called and " held in the council chambers in said city on the day of , 1988 at 7 p.m. The following members were presents The following members were absent: WHEREAS, George Dege applied for a variance for the following - described property: 1. SUPJ TO WALL AGRT PART OF LOTS 1 AND 2 S OF L AS FOL EEG AT NE COR OF LOT 2 TH W 31 FT ON N L OF LOT 2 TH S 1 7:' Q FT : - i F; J POINT 92 2/10 FT E AND 3/10 FT N OF NW COR OF LOT 2 TH S 3 /10 FT TH W TO NW COR OF SD LOT 2 8LK 1 CAHANES ACRES and 2. LOTS 31 AND 32, BLOCK 1, CAHANES ACRES This property is also known as 831 N. Century, Maplewood; WHEREAS, Section 36 -153 (3) of the Maplewood Code of Ordinances requires a 5() -foot setback from residential property: WHEREAS, the applicant is proposing a setback of 25 3/4 feet, requiring a variance of 24 1/4 feet. WHEREAS, the procedural history of this variance is as follows: 1. This variance was reviewed by the Maplewood Planning Commission on April 4, 1988. The planning commission recommended to the city council that said variance by approved. 2. The Maplewood to consider this mailed pursuant to law. an opportunity to be he also considered reports planning commission. City Council held a public hearing on variance. Notice thereof was published and -- Ail persons present at said hearing were given and and present written statements. The council and recommendations of the city staff and NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that a 3 1/2 foot variance be approved on the basis of the following findings of fact: 1. Strict enforcement would cause an undue hardship because of circumstances unique to the individual property under consideration: a. Without the variance, part of the entrance ramp would be exposed and could become slippery and a safety hazard when wet. 27 Attachment 12 b. The code requiring a 50 -foot setback was passed after the entrance ramp was constructed. The plight of the landowner is due to circumstances unique to the property and not created by the property owner. c. The variance would not alter the essential character of. the locality, since the variance is minimal and, with screening, the 3 1/2 feet of canopy within the setback would not be visible to adjacent properties. 2. The variance would be in keeping with the spirit and intent of the ordinance. Approval is conditioned on providing enough screening along the south property line so that no more than SO% of the canopy is visible from the residential property. Adopted this day of , 1988. Seconded by Ayes -- STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD > I, the undersigned, being the duly qualified and appointed clerk of the City of Maplewood, Minnesota do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the day of , 1988, with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to Witness my hand as such clerk and the corporate seal of the city this day of , 1988. City Clerk City of Maplewood m R REAL ESTATE PROPERTY MANAGEMENT APPRAIBALB JOHN J. KENNA REALTOR 101 MIDWEST FEDERAL BLDG. 60 B. FIFTH HTREET ST. PAUL, MINN. 55101 April 8, 1988 Mr. Geoff Olson ' Director of Community Development City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 F .MLwmm 111 IN" PH0NI.1RP6 " RE: Dege Garden Center Century Ave. N., Maplewood Dear Mr. Olson: As per our telephone conversation, I viewed the above mentioned property with attention to a large garage located in the rear parking lot at the corner of East Seventh Street and Mayhill Road. I have enclosed several photographs taken at this time, along with a map showing the directions from which the pictures were taken. As you can see this building is almost entirely sheltered from view by the trees along the edge of the parking lot. That portion at the top of the garage which can be seen appears to be in good condition and of a color that blends well with these trees. I assume that you have contacted your attorneys as to any legal issues involved in the construction and location of this building. It is my opinion that this garage does not cause any significant damage to the values of the neighborhood properties. If, however, the landscaping of the lot or color of the garage were altered, it could become an eyesore. Also, the property would stand out from the others if evening lighting on property is not equal to the rest of the area. Please call if I can be of additional service. Yours truly, �I . nn ".�. enc. 29 Attachment 13 Community Design Review Board M i n u t e s . =_. 4 -26 -88 proposed Maplewood Meadows plat. Approval is subject to: 1. Pr\bot construction of the se and structure, deeds mrded to create indivi ual building sites. 2. Bo•es shall have di erent color aluminum siding_ all have a. cliff rent no- maintenance irst fal applied to he front elevation. Final pbject to sta. f approval. 3. These =_tr•ucturmust j�e connected to =_arita.ry sewer. / 4. A fire hydrant sha be extended to these lots, if required b> the Fire rs al, in accordance to the plans for extending the wa rmai throughout the plat. 5. Each lot shal be at lea._t 85 feet wide at the building_ setback ine and all s tback requirements shall be met. Board Member och=_.iek seconded a e -Moe, Kochsiek, Er kson B. Carv,/r School- Parking Lot Expansion Board %tuber• Kochs.iek moved approval of the parking lot ex pan ion plan dated April 12, 1988 for Card r Elementary "oho 1, sub.iect to cornpiiance r..iith the code r quirements for pa.rkino lots and obtaining the nece = =__ar) c'ty and cr my permit=_.. oard Member Erickson seconded Ayes--Moe , Kocks -iek, Erickson C. Dege Garden Center - Building Addition (Canopy - Covered Outdoor Sales Area.) George Dege, owner of the property, gave a description of his proposal. Lois. Gschlecht, 825 Mayhill Road, and Duane Golasky, 804 hlayhiII Road, discussed the proposal a.nd voiced their objections. Both reque=sted lattice -work over the chain link fencing on the canopy structure. Board Member Kochsiek moved approval of plans date - stamped December 15, 1987, for the covered outdoor sale- area expansion /remodeling, screening fence and trash enclosure, subject to the following conditions: Community Design Review Board -5- Minutes 4 -26-88 1. Approval of the necessary land use plan and zoning code approvals by the city council. 2. Widening the driveway to permit trucks to enter and exit without Using neighbors' drives or lawns. 3. A six-foot-high, vertical board fence shall be provided along the south property line from the rov of evergreen trees on the west to the Dairy Queen property line on the east. This fence shall be constructed by June 30, 1958. 4. Removable lattice -work panel shall be applied over the chain -link fence material of the canopy structure during the ,ff- season. This lattice shall cover all exposed sides of the canopy. 5. If council requires the removal of the canopy structure back to the entrance ramp, the south elevation of the structure shall be con=structed as shown on the plans -and =subject to these conditions. 6. As, required by code, the trash enclosure shall have a. 100% opaque wooden gate and shall be a color and material compatible with the building. Enclosures =_ha.lI be protected by concrete - filled steel po=sts, or the equivalent, anchored in the ground at the front corners of the structure. If the enclosure is masonry, the protective posts may be omitted. Board Member Erickson seconded Ayes- -Moe, Kochsiek. Erickson D own Plaza -Site Plan and Building Design Mr. Norm Br _ wa =_. pre=sent to di =_.cu=_.=_. hi=_. �pr 0P -sal . Staff discusse to problems concerningg Che de4ici. t building and parkin lot setbacks fr r6.the north and east sides. Staff exp ined that ouncil is present] >• considering a code aer t t allow m dm lesser building setbacks from a residential -ne by conditional use permit. Therefore, the ay� ica may be required to apply for a conditional iNse permi to have les=s. than a SU -foot building setback from the ea and north. A variance or code arr - ndment would also b equired to provide less thar a 20-foot landscaped sid and along t sides as ell. Board Memb Kochsiek moved approval of, plan=_ dat stamped ril 26, 1988, for Crovin Plaza, subject to IC' f ol I owiyfo conditions: Planning Commission Minutes 4 -4 -88 -3- Commissioner Dempsey seconded Ayes-- Aidahl, Ayers, Barrett, Cardinal, Dempsey, Fiala, Larson, Sigmundik V. PUBLIC HEARINGS A. 831 N. Century (Dege Garden Center) Plan Amendment Rezoning Conditional Use Permit Revision Variance Parking Space Variance Secretary Wsson explained the staff report and discussed the proposal with the commissioners. The commissioners discussed the possibility of future problem=s with development if the comprehensive plan is amended from RL, residential low density to SC, service commercial for the BC, business commercial zone. George Dege, President of Dege Garden Center, was present at the meeting and discussed the past actions of the garden center. Mr. Dege said he was in favor of having the property surveyed. Mr. liege said he did not need the 50 -foot setback: into the R -1 district, but only 16 feet. Carl Norberg, 80U Amhoist Tower, St. Paul, was present as:; attorney for the neighbors. Mr. Norberg commented on the past legal processes of the Dege garage. Don Gsschlecht, 825 Mayhill Road, Maplewood, read a petition from the neighbors in the area concerning the rezoning request by the Dege Garden Center. The neighbors asked that the request for rezoning be denied. George Tatro, 2045 Park Road, No. St. Paul, spoke for the property owners at 814 Mayhill Road who were out of town, objecting to Mr. Dege's past history of violations of his conditional use permit. Pat Werden, 805 Century Avenue, Maplewood, spoke objecting to the Dege rezoning proposal. Ms. Werden also read a letter from Marian Satak, 2725 E. Seventh Street, Maplewood, and Harry Cure, Ms. Satak's nest -door neighbor, who were unable to attend the meeting but wanted their objections to the proposal on the record. Dan Dege, 917 Algonquin Avenue, St. Paul, architect and brother of the applicant, said the entry to the garden center on Planning Commission Minutes 4 -4 -88 -4- Century Avenue has never been moved, but it is only in- coming traffic because it is a small parking lot. - Duane Golask:y, 804 Mayhill Road, commented on the history of the traffic and parking pattern of the Liege building. Mr. Golask:y objected to the garage on the parking lot land and would like it removed. Gunnard Cronk, 2695 E. Seventh St., spoke in favor of the proposal. He said Liege's business is an improvement -or the neighborhood. He said that many people in the neighborhooca are in favor of Liege's business. He said he opposed the rezoning of the outside sales area to business commercial. Tom McDonough, 833 Mayhill Road, said he wanted it on the record that he is opposed to the rezoning of 6B feet, but he is not opposed to the 16 feet. Lion Hove, 778 Mayhill Road, spoke in opposition to the Liege garage and all four of the proposals. Delores Gschlecht, 825 Mayhill Road, commented on the history of Mr. Liege violating his conditional use permit and said she was opposed to the proposal. Commissioner Larson moved the planning commission recommend: 1:. Approve the resolution amending the comprehensive plan from RL, residential low density to SC, service commercial for- the 8C, business commercial zone at the corner of Century Avenue and Seventh Street and 16 1/2 feet on the Liege Garden Center property. Approval is based on the findings that: A. This corner has been zoned and used for commercial use since the 1960s. B. There was an oversight abutting Century Avenue for when the plan was adopted in approved by the city council in 1986. in designating the two lots low density residential use 1973. Outdoor sales were 's actions on the 16 -1 /2 feet. C. The outdoor sales area on the Liege Garden Center property has operated since at least 1979 without adverse affect to the adjacent properties. Commissioner Fiola seconded Ayes-- Aadahl, Ayers, Barrett, Cardinal, Dempsey, Fiola, Larson, Sigmundi4:: Commissioner Cardinal moved the planning commission recommend: FF''lanninq Commission -5- Minutes 4 -4 -88 II. Approve the resolution moving the F -1 /BC zoning line 16- 1/2 feet west to include the outdoor sales area. In addition.to the four findings required by code, approval is based on the findings that: A. Outdoor sales have been conducted on this land since at least 1979. F. The outdoor sales area was approved with a conditional use permit on December 6, 1986. Commiersioner Larson seconded Ayes-- Axdahl, Ayers, Barrett, Cardinal, Dempsey, Fiola, Larson, Sigmundik Commission Fiola moved the planning commission recommends III. Renew the conditional use permit for one year and approve the resolution which makes the following revisions to the permit" A. The language approving the outdoor sales area is deleted. B. The language denying the garage stands. The basis for these changes are as follows: A. The city attorney has ruled that outdoor sales cannot be approved with a conditional use permit in an F -1 district. Approval is subject to the following conditions (deletions are crossed out and additions are underlined): 1. The site plan submitted by Mr. Dege on October 27, 1986, except for the garage, shall be revised based on a survey of the south lot line and the west line of the canopy. The revised site plan shall be considered as part of this permit. 2. The parking lot may only be used for parl::ing 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 2) FE �3 - HFT4 1°-1 E- S{ 31° B- E&RfY TM��- a+aopy�- slial'� -- be? -ec1 t3 e- a- iaa #e�#- to-�a esenY- P! ARA;;�f! Planning Commission -6- Minutes 4 -4 -88 cter- if+5 -�tw�w Fr�em f!}w° #i- �hrocn3M- ryrtcmber: fdc�ttrcr^tpp�s�f sa�e�- ep- ewaste -s#1 -1 - -nf l owed :- 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 be 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. S. The canopy shall not b e enclosed f -roun use_., 9. Sales under th e cano oLitdoors sh be limi ted to yzrd _roducts from March_ App -i4 through October Sepa.=mbm No other type of sales or st orage sh all be all owed °.° 1C). Council may require removal of th can opy for a dditional_ parkins o to reduce parking demand if the use change Commissioner Ayers seconded Ayes-- Axdahl, Ayers, Barrett, Cardinal, Dempsey, Fiala, Larson, Sigmundik: Commissioner Cardinal moved the planning commission recommend: IV. Deny a variance of 24 -1/2 feet to keep the overhead canopy 25-3/4 feet from the residential zone to the south, on the basis that strict enforcement would not cause undue hardship because of circumstances unique to the property: A. The property could be put to a reasonable use with a variance of only 3 -1/2 feet. B. Mr. Dege is proposing to extend the canopy 28 feet to the north, which would compensate him for the loss of canopy area to the south. Commissioner Larson seconded Ayes-- Axdahl, Ayers, Barrett, Cardinal, Dempsey, Fiala, Larson, 8igmundik: Commissioner Fiala moved the planning commission recommend; V. Approve the resolution approving a variance of 3 -1/2 feet to keep the overhead canopy 46 -1/2 feet from the residential zone to the south. Approval is based on the fallowing findings: Planning Commission Minutes 4 -4 -BB -7- A. Strict enforcement would cause an undue hardship because of circumstances unique to the individual property under consideration. 1. WithOUt the variance, part of the entrance ramp would be exposed and could become slippery and a safety hazard when wet. 2. The code requiring a fifty -foot setback was passed after the entrance ramp was constructed. The plight of the landowner is due to circumstances unique to the property and not created by the property owner. 3. The variance would not alter the essential character of the locality, since the variance is minimal and, with screening, the 3 -1/2 feet o? canopy within the setback would not be visible to adjacent:. properties. B. The variance would be in keeping with the spirit and intent of the ordinance. Approval is conditioned on providing a six -foot high, vertical board fence along the south property line from the row of evergreen trees on the west to the Dairy Queen property line on the east. Commissioner Sigmundik seconded Ayes-- Axdahl, Ayers, Barrett, Cardinal, Dempsey, Fiala, Larson, Sigmundik Commissioner Sigmundik moved the planning commission recommend: VT. Authorize 31 parking spaces, rather than the 53 spaces required by code, on the basis that: A. The business is seasonal. B. The outdoor sales have been conducted since at least 1979 without a parking problem. C. The canopy could be removed for additional parking if the use changes. Commissioner Cardinal seconded Ayes-- Axdahl, Barrett, Cardinal, Dempsey, Planning Commission -e- Minutes 4 -4 -88 Fiala, Larson, Sigmundik Nays- -Ayers Commissioner Larson moved the planning commission recommend that there be further negotiations between the community design, review board, Liege Garden Center, and neighboring Maplewood homeowners association regarding the west facade of the business with respect to the canopy. Commis =sioner Cardinal seconded Ayes-- Axdahl, Ayers, Barrett, Cardinal, Dempsey, Fiala, Larson, Sigmundik A a VI. VISITOR PRESENTATIONS VII. COMMUNICATIONS IX. UNFINISHED BUSINESS X. COMMISSION PRESENTATIONS A. Council Meeting: March 28, 19% X1:. STAFF PRESENTATIONS A. Council Meeting- -April 11, 1988: Bob Cardinal XII. ADJOURNMENT Meeting adjourned 11:25 p.m. I Action by Counoilet Endorse Modified Rejected_ Dat -- _ AGENDA ITEM /' - 3 TOA City Manager F''ROMe Assistant City SUBJECT: Holloway, Beebe Public Hearing DATES May 18, 1988 INTRODUCTION This improvement project Avenue (street, water mai between Beebe Road and Fu Holloway Avenue including McKnight Road. BACKGROUND AGENDA REPORT Engineer to Furness, City Project: 87 -14 consists of the construction of Hal n, storm sewer and sanitary sewer) rness Street and the reconstruction utilities from Furness Street to loway of A copy of the agenda report submitted when the public hearing was scheduled is enclosed. The planning commission made a finding on May 16, 1988, that sidewalk must be included with the project to be consistent with the transportation element of the comprehensive plan. The addition of a five -foot wide concrete sidewalk on one side of the street would add $15,200 to the estimated project cost. dRuAliIiff Nbl The sidewalk would have to be financed jointly by Maplewood and North St. Paul. It would not be eligible for Ramsey County or MSA funding. An assessment of $4.25 /front foot of properties within Maplewood would finance Maplewood`s share of the estimated sidewalk construction cost. Other assessments and financing proposed are identified in the attached initial agenda report. RECOMMENDATION A resolution ordering the project is attached. jc Attachments i.0 iC:: t. C') t_,�ciI:, k Y AGENDA ITEFI AGENDA REPORT \ - T0: City Manager FROM: Assistant City Engineer SUBJECT: Holloway, Beebe to Furness, Project 87- 14-- Schedule Public Hearing DATE: April 19, 1988 INTRODUCTION The feasibility report for the subject project is hereby transmitted. The attached resolution schedules a public hearing for this project. BACKGROUND The feasibility study for this project was ordered in April 1987. The feasibility study was initiated by petition from the owner of the parcel south of Holloway Avenue between Beebe Road and Furness Street. The developer requested that the right -of -way between Beebe Road and Furness Street either be improved or vacated. The major finding of the feasibility study is the revision of estimated traffic from the estimate initially developed for Holloway as one segment from North St. Paul Road to Century Avenue. The projected traffic on the segment from North St. Paul Road to McKnight Road is only one -third of the volume used for the design of Holloway Avenue from McKnight Road to Century Avenue. The intersection of Beebe Road and Holloway Avenue was planned to facilitate extension of Holloway Avenue to the east to Mck:.night as a 44 -foot wide street. Similarly, Holloway Avenue east of McKnight Road is 46 feet wide. Due to the limited length of the proposed improvement it would be out of scale to taper down the width of the road and then widen it again. It also seems difficult to implement a narrower road section in view of the fact that to maintain MSA funding no parking restrictions would have to be implemented on existing frontage which is not currently restricted. in conflict with the facts dictating that Holloway Avenue, if built, should be 44 feet wide is the limited projected traffic. The projected volume of traffic is not consistent with the level of service contemplated . The City of North St. Paul has indicated an interest in the proposed road to provide access to allow development of the portions of lots that would front on Holloway Avenue. The connection of North St. Paul Road to McKnight Road via Holloway is not required to provide for development of property within Maplewood. If the road construction is not ordered, then consideration should be given to ordering the construction of the proposed water main independent of the roadway. A utility easement for the existing sanitary sewer and proposed future water main must be retained in any case. BUDGET IMPACT The assessments and financing proposed are predicated on MSA funding and North St. Paul and Ramsey County cost participation as indicated in the feasibility report. In accord with established policy the proposed assessment for street construction on an 'MSA route would be $36.50 /front foot. This assessment rate would recover *61,000 out of the estimated Maplewood share for roadway cost of $90,000. The balance would be funded through MSA. Maplewood is eligible for an estimated $107,350 for street construction plus engineering costs at 18% from MSA. The majority of Maplewood's estimated share of proposed storm sewer costs results from drainage from the MSA right -of -way. It is, therefore, eligible for MSA funding. It is proposed to directly assess properties tributary to the storm sewer to recover only the balance of storm sewer costs not covered by MSA funding. The water main and sanitary sewer costs are directly attributable to the parcel south of Holloway Avenue between Beebe Road and Furness Street. It is proposed to directly assess the water main and sanitary sewer to this parcel. ACTION REQUIRED It is recommended that the council adopt the attached resolution which schedules a public hearing for 7:20 p.m. on May 23, 1988. jc Attachment RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARINU WHEREAS, after due notice of public hearing on the construction of street, with concrete curb and gutter, storm sewer, and water main on Holloway Avenue, Beebe Road to McKnight Road, City Project 87 -14, a hearing on said improvement in accordance with the notice duly given was duly held on May 23, 1988, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct street with concrete curb and gutter, storm sewer, and water main on Holloway Avenue, Beebe Road to McKnight Road, City Project 87 -14, as described in the notice of hearing thereof, and orders the same to be made. 2. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. F q TO: FROM: SUBJECT: LOCATION: APPLICANT: OWNERS: PROJECT: DATE: MEMORANDUM Endorse Action by Council: �� Modified ~-.�~�.~ Rejected City Manager Associate Planner—Johnson Street Vacation and Preliminary Plat Highwood Avenue West of Crestview Drive Dennis D. Gonyea Eugene Husnick Jr", Jim Fischer, Maxine and Edward Altermatt Gonyea/s Oak Heights Fourth Addition SUMMARY IptroAULLion Chinader '. Approve a preliminary plat to create eight single-dwelling prpperties.. This plat also required the vacation of the Lakewood Drive right-of-way.. This plat is the fifth phase Boxwood and Highwood Avenues provide the required street Highwood Avenue, Phases III receive final plat approval. of Gonyea's Oak Heights development hetween , (See the map on page 12.) It wm/lfl connection between Snowshoe La/,e and and IV require this street ronnection to 1" Approve the resolution on page 17 to vacate the Lakewood Drivc right-of-way from Highwood Avenue, south 500 feet on the basis that a new alignment for Lakewood Drive will be platted in Gonyea/s Oak Heights Fourth Addition, which will increase the setback to the garage at 2374 Highwood Avenue to meet the minimum requirement and align with the Lakewood Drive right-of-way approved in Gonyea/s Oak Heights Third Addition. This resolution of vacation shall not be submitted to Ramsey County for recording until a replacement easement is deeded to the city or final plat approval is granted. 2" Approve Gonyea/s Oak Heights Fourth Addition preliminary plat, subject to the following conditions being satisfied before final plat approval: a. Lakewood Drive right-of-way shall line up with the Lakewood Drive right-of-way in Gonyea/s Oak Heights Third Addition" All adjoining lots shall meet or exceed minimum dimension requirements" The curve(s) shall conform with design requirements for collector streets. b. Final grading, utility, drainaqe, erosion control and street plans must be approved by the city engineer. These plans shall include, but not be limited to: 4 (1) A 36-foot-wide street with a four-foot-wide hike lane striped on each side" (2) A five-foot-wide concrete sidewalk on +he east side of Lakewood Drive. (3) The grading plan shall include a proposed building pad elevation and contour information for each home site, as well as the areas to be disturbed for street construction. Housing styles '. shall be illustrated which minimize grading on sites that contain desirable mature trees to be preserved" Deviation from this approved grading plan for each lot may be permitted by the city engineer, provided the intent of the overall grading plan is complied with" (4) Permission to grade on the property to the south of Lot 5, Block 2 shall be submitted to the city engineer or the grading plan shall be revised to omit off-site grading. (5) The sanitary sewer shall be designed to be as deep as possible to serve as many lots as possible along Lakewood Drive, south of Highwood Avenue. (6) All trees to be preserved shall he shown on the approved grading plan and identified on the site" C. Submittal of a signed dove)opo's agregmen+, with surety, to include, but not to be limited to, the following requirements: (1) Construction of a storm sewer system within this plat and down stream to the outlot into St" Paul. The rate of discharge to St. Paul shall be limited to 20 c"f^s" or approved by the city engineerd (2) Construction of a storm sewer between the two drainage ponds to the southwest of the site, along McKnight Road, (see page 14), and improvement of the capacity of these ponds as required by the city engineer" The ground surface along the ridge shall be restored as near as practical to its preconstruction appearanco, as viewed from the south. Deciduous trees shall be replanted, as necessary, along the south face and top of the ridge to significantly soften the appearance of a construction corridor. If the north pond is required to be dug out, coniferous trees shall be planted, as necessary, along the east slope to McKnight Road, to screen view of the ponding area from McKnight Road. A tree replanting plan specifying the sizn, type and location of all trees to be replanted shall be approved by tha citr. A surety shall be included in the developer's agreement to guarantee thi plan will be implemented. (3) Any required on-site tree replanting. v / (4) Construction of a sidewalk along the east side of Lakewood Drive, (5) Relocation of the garage that Block One to be at least five feet 1, Block 1. If the property owner not relocate this garage, proposed Lots remain as one property, until such approved. as a lot division is located on proposed Lot Two, north of thp anuth /ine nf |nt does not wish to remove nr One and Two, Plock One must time as a lot division is (6) The driveway from Highwood Avenue to 2374 Highwood Avenue shall be relocated to Lakewood Drive, It shall he at least thirty feet south of the intersection" d. A recordable deed restriction shall be submitted to the city to Prohibit a driveway access from Highwood Avenue for not One, Blocks One and Two" ] CITIZEN COMMENTS Staff surveyed 32 persons who own property within 350 feet of this site. Of the nine respondents, five are in favor, one has no comment and three are opposed" Those opposed raised the following objections: 1, We <2385 Hi9hwood Avenue) would have to hack out of our driveway '. into cross traffic (intersection of proposed Lakewood Drive and Highwood Avenue). This site is a nice park-like place for neighborhood children to play in summer and winter, without being in the streets. Staff comment: On September 28, alignment for Lakewood Drive who preliminary plat was considered, alternative to access this site" Highwood Avenue will be about 28 proposed street. 1987 council approved the proposed i Gonyea/s Oak Heights Third Addition There is no other practical It appears that the driveway for 23B5 feet east of the east curb line for th( Regarding the statement about the "park-like place," this site is planned for single-dwelling development. Neither the city nor the county plans to purchase it for park or open space. If it is not purchased for park use, it must be permitted to be developed as planned. When the area is fully developed, an elementary school is to be located on a ten-acre site about 1/4 mile to the northeast of this person's home" Pleasantview Park already exists about 1/4 mile to the south, and an eight+ acre mini-park is being developed about 1/4 mile to the northwest. There is no need for additional parkland in this area. 2. I (992 Crestview Drive) object to this proposal and to Lakewood Drive because of the adverse impact that additional people and traffic will have on this area, in general, and this neighborhood specifically (Crestview Drive) . This project cannot be accomplished without increasing housing or traffic and is, therefore, unacceptable" Refer to the letter on page 15 from the owner of 1014 Crestview Drive. Staff comment: (a) This subdivision is proposed with a density less than the maximum permitted--12"6 people/net acre versus a permitted density of 14 people/net acre" The average lot area would be 14,211 square-feet. Code permits 10,000 square-foot lots" In comparison, the lots in the respondent's subdivision to the east, range from 10,935 square feet to 77,268 square feet of area, with a median area of 15,000 square feet. It is the city attorney's opinion that the city cannot require a larger minimum lot size than is established by code" The city has considered raising the minimum lot sizes in the "leg" several times in the past. The last meeting was held between the city council and planning commission in 1996" The consensus was that the city should not require larger lots for the sake of larger lots, unless they are used to preserve natural features that could not otherwise be preserved. Larger lots wodld have no impact on the applicant's ability to preserve the trees on this site. The grading 4 required to construct Lakewood Drive would not be affected by the |ot size" A north/south street in this location has been found to be necessary to insure the timely delivery of emergency vehicle services to this area. In addition, increasing the minimum lot size in this area to 15,000 square feet would leave half the lots in the Pleasantview Park subdivision nonconforming. This means that any building additions would require a conditional use permit from the city, (b) The utilities (sanitary and storm sewer and water main) are required to be sized to accommodate full development of the area" (c) The city has no control over the style of dwelling to be constructed, other than to restrict development to one single dwelling per lot, which complies with minimum setback requirements. The applicant is proposing to construct homes starting at about $120,000 and ranging to over $200,000 for the lots to be west of Pleasantview Park, There is no evidence, to staff's knowledge, to support a claim that this development will reduce the value of the existing homes to the east, 3. Highwood Avenue will not be able to handle the traffic to be generated from the proposed developments in this area. Staff reply: Highwood Avenue is designated as a collector street. It is planned to handle the traffic from this and other developments in ths area" The Ramsey County Highway Department uses a guideline of nine trips per day per house. hase I of the Highwood Estates plat has 36 homes that would generate 324 trips per day. The Jefferson Fourth-Sixth Additions and Highwood plats could add 828 trips per day" This plat, together with Gonyea's Oak Heights Third Addition to the south, would add another 261 trips per day. The predevelopment (spring, 1987) count on Highwood Avenue was 850 vehicle trips per day" Adding up all of these trips gives a total of 2263 trips per day" According to the county traffic engineer, a two-lane county road, such as Highwood Avenue, can safely handle 6,000 ~ 7,000 trips per day" The eight referenced plats would bring Highwood Avenue up to 32% - 38% of its capacity" � REFERENCE Gross acrea9eh 3"16 acres Existing land use: a single dwelling (2374 Highwood) with an attached and detached garage. The detached garage would be located on proposed Lot Two, Block One. The owner plans to relocate the detached garage when Lot Two is sold" The driveway to the attached garage from Highwood Avenue encroaches upon or will be located very close to the proposed Lakewood Drive right-of-way. Existing easements; Unimproved, 45-foot-wide Lakewood Drive right-of- way, located 28 feet east of the attached garage at 2374 Highwood" 6~~8-87: Council approved: 1" Ronyea/s Oak Heights preliminary plat, subject to conditions thW included: a" A contract(s) being signed for the construction of a street from Hi9hwood Avenue or Sterling Street to connect with Snowshoe Lane in Phase I" . " b" The city engineer must negotiate an agreement with the city of St, Paul for the joint use of St" Paul's sanitary sewer in McKnight Road" Each phase must be consistent with the city sewer plan" north 2" A sewer plan amendment for Gonyea/s Oak Heights Phases I and II" This amendment allowed sewage from Phases I and II to flow south to Boxwood Avenue and into St. Paul, rather than north to Highwood Avenue" Council tabled action on this amendment relative to Phases III and IV of Gonyea's Heights development, (Refer to page 12") 3. A comprehensive plan amendment to designate Lakewood Drive, between Highwood Avenue and Pleasantview Park, as an on-street trail corridor. 9^~28-87: Council approved; 1^ A comprehensive plan amendment to shift the location of a planned collector street intersection on the south side of Highwood Avenue, east from Schaller Drive to the proposed location of Lakewood Drive" (See the map on page 11.) 2. The vacation of the unimproved, 45-foot-wide section of Lakewood Drive right-of-way that was located between the applicant's site and Pleasantview Park to the south" 3" Gonyea/s Oak Heights Third Addition preliminary plat (adjoins this site to the south), subject to conditions that included: 4 /` A " The construction of Lakewood Drive to Highwood Avenue must be guaranteed. b. Contracts must be signed for the construction of sanitary sewer from this site to the Metropolitan Waste Control Commission's trunk sewer in Carver Avenue or to the city of St. Paul's sewer in McKnight Road. c. Calculations must be submitted to guarantee that the required ^^ ponding easement to the southwest of this site (required for Phases I- 3) and the pond's outlet will be adequate. This easement shall be of record before final plat approval" d^ Final grading utility, drainage, erosion control and street plans must be approved by the city engineer. These plans shall include, but not be limited to: (1) The street plan shall provide for an on-street trail. (2) The grading plan shall include a proposed building pad elevation and contour information for each home site, as well as the areas to be disturbed for street construction" Housing styles shall be illustrated which minimize grading on sites that contain desirable mature trees and steeper slopes. Deviation from this approved grading plan for each lot may be permitted by the city engineer, provided the intent of the overall grading plan is complied with" e" A plan, prepared by a qualified expert, shall be submitted for the removal of diseased trees and any other necessary thinning requircd for the overall health of remaining trees. This plan shall include the location, type and size of the mature trees to be removed due to disease or grading and the mature trees that will be retained" The plan shall specify the location and type of trees to be planted, if required, in accordance with the provisions of Section 9~191 (5) (b) of Environmental Protection Ordinance" North: Highwood Avenue. Across the street are single dwellings" East: The side and rear yards of three single-dwel l ing properties. South: The rear yard of a large single dwelling lot vacated Lakewood Drive right-of-way and proposed Gonyea/s Oak Heights Third Addition" West: Gonyea's Oak Heights Third Addition and a single-dwelling property. There is a depression that covers the northerly one-half of the site. Approximately eight feet of fill is proposed to cqnstruct Lakewood Drive through this area. The drainage plan shows this depression as a future 7 2'-acre-foot pond. When Gunyea/s Oak Heights Third Addition was approved, council approved the elimination of this pond, provided the ponds downstream were properly sized to handle the additional flow. The two southerly lots are wooded, principally with oak, cottonwood and poplar" Several of the larger trees in this area show evidence of disease. The easterly 1/3 of proposed Lot Four, Block Two would remain intact and the northeasterly one-fourth of Lot Five, Block Two would remain intact. (See the tree plan on page 1Q") Section 9~191 (Environmental protection Ordinance) contains the following provisions: "/(3) IN A development shall be located to minimize the removal of vegetation and alteration of the natural, in-place vegetation, rather than the placing of new vegetation on the site." Comment: When council approved Gonyea/s Oak Heights Third Addition, a plan amendment was also approved to locate Lakewood Drive, as proposed and designate it as a minor collector street" The alternative location to the west would have required substantially more grading along a heavily wooded protected steep slope" »(3) (e) Erosion protection measures shall make maximum use of natural inplace vegetation, rather than the placing of new vegetation on the site.// »(5) (a) Development shall be designed to preserve the maximum number of healthy trees. This requirement shall not apply to diseased trees or where a forester certifies that thinning is needed for the overall health of a woodlot; in which case, a specific tree removal plan must be approved by the city.'' »(5) (b) If trees are cut, the density of trees shall be restored to that which existed before development, but in no case shall the applicant be required to raise the density above ten (10) trees per acre, unless past of a required planting screen" Any trees required to be planted shall be varied in species, shall maximize the use of species native to the area, shall not include any species under disease epidemic and shall be hardy under local conditions" Tree diameters shall be at least two (2) inches." 1^ Permitted density: 14 people/net acre 2. Proposed density: 12"6 people (2"61 net acres) 3" Average lot area: 14,211 square feet" 4" Compliance with land use laws: '^ a. State law: Chapter 412"851 of state law states that '/the council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to he vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks published and posted notice.'' In. City code: (1) Section 30~^8 (f) (5) states side lot lines shall be substantially at right angles or radial to the street, Comment: The east/west lot lines for Lots 3, 4 and 5, Block. Two would not be perpendicular to the relocated Lakewood Drive right-of-way. (See the map on page 16^) (2) Section 30~`8 (b> (4) states "privately owned reserve strips controlling access to streets are prohibited. Publicly owned reserve strips may be required by the city council, where necessary to assure equitable payment for streets.'/ Outlot A (page 17) would be a reserve strip" (3) Section 29-117 requires driveways to be located at least thirty feet from major streets" Lakewood Drive is designated as to he a collector street. The driveway to 2374 Highwood would be significantly less than 30 feet from Lakewood Drive. 1^ A two-acre/foot storm water pond is shown in the drainage plan in central portion of this site (page 14). The applicant is proposing to eliminate this pond and provide additional capacity in the ponds planned to the southwest of this site" This proposal is acceptable, provided adequate pondin9 area can be demonstrated and the outlets are sufficient" The drainage plan is not part of the comprehensive plan, therefore, a plan amendment is not needed. 2^ There are no existing utilities within the portion of Lakewood Drive right-of-way to be vacated. The plat would provide all necessary easements. 3^ The proposed grading is reasonable, given the need to construct a street in the proposed location. 4" The sanitary sewer for this plat should be constructed as deep as possible. The south end of the subdivision to the south (Gonyea/s Fourth Phase) should be sewered from the south" The number of homes served by sewer from the south should, however, bp kept to a minimum because this line connects with a St" Paul line and a maintenance fee E has to be paid to St" Paul. (See Ue discussion section.) A sewer, at maximum depth through this plat' will minimize the number of homes served by a south—flowing line. Plan Amendments: 1" Planning commission recommendation following a public hearing. 2" City council decision Plat and Street Vacation: 1, Planning Commission recommendation 2. City council decision following a public hearing. ml::) Attachments: 1" Lane Use Plan Map 2. Property Line/Zoning Map 3. Area Street Concept Map 4" Drainage Plan S. Letter from a neighboring property owner 6" Preliminary Plat (8 1/2 x 11) 7. Preliminary Plat (as revised by staff) 8. Resolution (vacation) 9" Tree Plan 10" Preliminary Plat (separate enclosure) 10 0 Highwood NEIGHBORHOOD LAND USE PLAN 11 0 N Attachment 1 Linwood =. II melor collector ii . nmaen MMMMM r mlm ecan RL t � N O ��- er Ir code °� I RL i I. _% o � - 1 j Tot of 1 p S < RL 1 > 1 I i 1 Hlghwood= Ip I c Ilect m no ollect p � o 0 0 ` ° nlno coil a f I p i ° RL Inor co lector I 1 O T ,y c _ 1 0 1 Co Carver I Oct(r o ¢ h G I 0 I O I School Search Area V m 1/2 Mlle Radius' 0 4 O G C S O ~ ` Highwood NEIGHBORHOOD LAND USE PLAN 11 0 N Attachment 1 Notei The alignment of Lakewood Drive was approved for the proposed location by comprehensive plan • amendment on 2- 22 -88. •I��l J.JLI ■' �,,, A "a e11. .WA, + + 4 L rw . IC � � I Jf- I. ■... \.l. V-_ .,. mpw N al �f<ILYY- Highwo_ Avenue „ „� _�r,wwr�w WL1.Yr alirvim ww— ••— �w,wnw r ii �iww w www . � 1 M I . ,u M v' a' t n Y 2322 ' •d as � -- •. N� •a4 ( �.., � z� o J 0 .a. T Phase v . ,� �. •, 4'' fr w a 1 (present proposal) �I; nv . �� ro Q I M c l _ o I ',..k _�.• ®� f Phase IV ,7 � ev..�— +,v['� 'fA Z. 6.) a,r ... O- (approved 9.29 -87) w. ,•r �� ,ao N \ ”— 5 n �!l 9 UFH6REST"••AVE�- a�� . �,. d ”) .v v - P , C) . p O d 0 i . ° ' Pleasantview Park Y \ Phase I Phase .0 {., � ro ,✓ 111 "-" (approved 6 -8 -87) --- ` (approved 6 -8 -87) r Snowshoe Lane 1 1 { Maplewood Highlands \ �' I 0) I I.1 (approved 2- 22 -88) ' St. Paul Ski Club Schadt give -ams - � Phase ti j� (aPProved 6 -8 -87) I'71 , L gip._ i •,- . s i PROPERTY LINE / ZONINO MAP Location of Gonyea's Oak 12 N Heights Preliminary Plats "" Attachment 2 jemporary cul—di Detailed Area Street Plan 13 -Proposed lot split 1 9, hwp�?A ,X ILqY FASJMENT a Nemitz Ave. Attachment 3 1.1 Gonyea's Oak Heights * LINWOOD RD •.I Excerpt from the Drainage Plan 14 Attachment 4 u ri IGHW00D AVE \ — w I m z .... l � _._ MAJOR WATERSHED DIVIDE n INTERIOR WATERSHED DIVIDES - PROPOSED STORM SEWER �) EXISTING STORM SEWER OPEN CHANNEL n STORM WATER STORAGE AREA / INUNDATION AREA STORAGE AREA VOLUME �^ /• DISCHARGE IN CFS 1 CITY LIMITS •••••••••••• o 400 800 1200 SCALE INFEC Excerpt from the Drainage Plan 14 Attachment 4 u ri 4 - Cv Or- So, fAA f12Wee7% 'MAJ 5�7i4 o-b�e cal Oc c.a.�c -E(?-V /�s J'usw,s_ ./� cez&,S . L`d4siL. >''� - 4 / G✓k.a✓�.... iyl°e.. v e� i O4.S✓.s �✓ / C O- /� Q C 4, .t A o l s e-s 0Y, � L�7 / .5 r Grt G r rs 7 cc<l G�//'G..r.. rr. do Lc.. t�se p rcD«c7 i w� ✓1 / /cam' S i- / T4 %S w; // r t/ oc F�c c� z c n c C, 4 cw ,< 7' _... /.V /. - �°._ 'L `.a(� e hvi r,•.,, n, / t -.,7f rt / -(� ; .(, r. - / o %s _ .W �l' /' rr. o,7T gv r (° /- (� Q J .3- ,� c.J'�°Yv+a S f.�cJC -vS n , �YOI�I �•�!•^^^!` �y/✓'/�/' /r �t / .7 ✓�,,..� /aw�S n {w,' -�q �"�.! �a,�.cYJ' a / e ... .S'C -e. .. fdCP' �1�'ns (� °�� rC.f cr..J GX /' ✓r ,� �/� L �-N UL p ti� 1, �.,,P � � ru �.. �-✓ w� � Ov` /so wA o -le IrrWt,"—?�' ,o /, -, w / tie,,f t ON— 0 (iw ' LL1 Li C ✓ P /�Q �� P WC OO GJvuJ(J C4 JC/�G �/ /�NtJ� Mi53 Sb. / [ { / � 4�c �oJJ C o U o��0 -Z S l"'��1 S �/ G 1 6, _ -�> 15 C Attachment 5 i _ Highwood Avenue =• NlcNw000 MI ` • � 1\ t� 4u1 ..�� j • � 1 1 Garage to be removed ' 3 r/` / ',�" Y o l 1 ' , / of oc./ . �f ti � Ip t E f173 Outlot A - Third Addition Vacated Lakewood Drive right -of -way Ou.tlot B - Third Addition I. I Preliminary Plat and Grading Plaq (Applicant's Proposal) 16 Attachment 6 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota was duly called and held in the council chambers in said city on the day of 1988, at 7 p.m" The following members were present: The following members were absent: WHEREAS, Dennis D" Gonyea initiated proceedings to vacate the public interest in the Lakewood Drive right-of~way from the south line of Highwood Avenue south to the westerly extension of a line fifteen feet south of and parallel with the north line of Lot Five, Block Seven, Pleasantview Park No. 2^ WHEREAS, the procedural history of this vacation is as follows: 1" A majority of the owners of property abutting said street right- of-way have signed a petition for this vacation; 2. This vacation was reviewed by the planning commission on ' 19BB" The planning commission recommended to the city council that this vacation be 3. The city council held a public hearing on , 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 recommendations of the city staff and planning commission. WHEREAS, upon vacation of the above-described street vacation, public interest in the property will accrue to the followin9'^described abutting properties: 1. The south 327 feet of Lot One, Highwood Heights. 2. Lots 1^-5, Block 7 Pleasantview Park No. 2 3. Except the west 175 feet, the north 295 feet of the part of Lot ONe, lying east of a line running from the southwest corner of the E 1/2 of Lot 6 to a point on the north line of and twenty feet east from the NW corner of said Lot One, Highwood Heights" 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 that: A new alivnment for Lakewood Drive will be platted in Gonyea/s Oak Heights Fourth Addition, which will increase the setback to the garage at 2374 Highwood Avenue to the meet minimum requirement and align with the Lakewood Drive right-of-way approved in Gonyea's Oak 17 Attachment 7 Heights Third Addition. Adopted this day of , , , Seconded by Ayes~- STATE OF MINNESOTA ) > COUNTY OF RAMSEY ) SS. ) CITY OF MAPLEWOOD ) I the undersi9ned, being the duly qualified and appointed clerk of the City of Maplewood Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the day of , 1988 with the original on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to vacation of the street ri9ht~of~way" Witness my hand as s ch clerk and the corporate seal of the city this day of |� , 1908^ City Clerk City of Maplewood, Minnesota | o '^ April 20, 1988 Jeff. Olson Cityy of.Maplewood 1830.East County Road B Maplewood, Minnesota 55109 Dear.Mr. Olson: Mr. Esterbrooks of Gonyea Company, Inc., has asked me to write to you with my findings and recommendations on the trees located on property they are developing in Maplewood known as Gonyea's Oak Heights Third and Fourth Addition. The total number of significant trees on the subject property is approximately 2 154. For the most part, these trees are uniformly spread throughout and dispersed by species, as identified on the attached survey. When Lakewood Drive and the initial onsite grading are completed, approximately 400 trees will remain on the site, the vast majority of which will be Oaks or Pines. Although there are apparantly some diseased trees on the property, it is difficult, at this point of the growing season, to establish an accurate count. Once the trees are in full bloom, the diseased trees can be easier identified and then should be removed from the site. This site contains approximately 167 Pines which will possibly require some additional thinning. As for the remaining trees on this site, tree removal and /or thinning which could cause extensive root damage should be avoided unless absolutely necessary. The majority of the thinning will be accomplished with site grading. It is estimated that approximately 1,425 (2/3's) of total significant trees will be lost as a result of roadway cuts and additional necessary onsite grading. The site which is approximately twelve (12) acres in size after development, should have more than a sufficient number of trees remaining to satisfy the City Ordinances. Sincerely, Robert F. Nelson Forester RFN:paq Enclosure 19 Attachment 8 GONYEA'S UAK HE- IUH 15 THIRD 81 FOURTH ADDITION ,{.OT SURVEYS COMPANY MC.,_ LAND SURVEYORS A - I �( I I (, 1 TYPE PND NUISBfiN Oi THE' kN E>CN D"IONPT60 APEM1 voolzr A. e,.du.r loo 1 w O,t 15S CnVl.r 1W I Doll, C Bo.aa.r 1122 20 m —S I �- N toua..0oa m 9 fbt I ` � • •• f „7 1 J Bo., Wr 9 I 3 :- ; - - - -- lobs... L <uNOmacC J Me , lBl 1]500 �'.�.. - prsOenN alwr 'F , ...173.06.. ... L q I 2 N N N I I I I , 1 1 1 ` I . ,.... •�� ^3340 20 Mr. Geoffrey Olson, Planning Director CITY OF MAPLEWOOD 1830 East County Road B Maplewood, Minnesota 55109 Re: $5,800,000 City of Maplewood Multifamily Mortgage Revenue Refunding Bonds (Beaver Creek Apartments Project - FHA Insured Mortgage Loan) Dear Geoff: Enclosed for Monday night's City Council meeting is a final draft of the Resolution pertaining to extension of the disbursement date and preliminarily approving the issuance of refunding bonds for the Beaver Creek Project. Also enclosed, to accompany the Resolution, are executed originals of the following: 1. Exhibit A to the Resolution -- Request for Extension. 2. Exhibit B -- Opinion of Bond Counsel regarding the extension. If you have any questions about the enclosed materials, please do not hesitate to call. Because Mary Ippel will be out of town, I will be attending the City Council meeting. I understand that the public hearing and consideration of the Resolution are scheduled for 7:40 P.M. If there is a change in scheduling, please let me know. 2270 MN WORLD TRADE CENTER 2200 FIRST NATIONAL DANK BUILDING 2G00 IDS CENTER SAINT PART, MINNESOTA 66101 SAINT PAULL, MINNESOTA 66101 MINNEAPOLIS, MINNESOTA 66 (4111) Rol -Islas 14121 261.1016 luau ➢D2.01101 MATLRBw J. LEVITT JOHN B. VAN DE NORTH, JR. LAW OFFICES RODZ T E. Woods MICRA.L J. G.... COLD O¢RLE¢ ROONRT M. BOW.N RL..O G. MAxx ANRRRw C. Set. w I3 R I G G S AND M O 1? G A N wa.LIAx J. J.." MA¢E .111 K. SAVAGE MARIA. M. WE.,. CIRDIS .Ial..8 G.C1.ItYP.lAx11 ROO¢nT G. S.ARR ANUn¢W C. DIICIIflp JDn.1.RIA.SO... NANCY D. An.n.N D"T R. Sw"10. M.J. GALVIN, JR. J.Vmax J. Mx.x JANRs E. NELSON PROFESSIONAL ASSOCIATION BE, SG.lixu6ex 1Dmuxl. J. Mcllu.l..m'. DAVID C. POHS¢RRO JEaox. A. G.1x TONY STEMO.HODR LAUn..N A. PITMAN Joan J. McNR.LS Sr... A. B.Anu MARY R. SCIIAIIER. PA.'. S. JACOOSeN MCMEIL V. S¢rMOU¢,J¢. JOEL B. GoVIEEAAN 111D ... I IL STRE.ATE. Cou..RN V. Sx.n J¢axr F. ROT. RAnD, L. WILLE 2400 IDS CENTER JOIIN R. IANUSSROx ME.RU AANUwesox DIANA J. VANCE-DRYAN NEAL T. BVnTnE TP.R¢NOB N. DOVIS ALAN N. MACLIN SALLY A. SCIXIUIN SOSAN B. TIIONAS 13Ic1IARD H. M. J." L. D... JA.eaxx F. S. MATS.Rw L.Levm MINNEAPOLIS, MINNESOTA 66402 Devin C. MODONALn 'PI.OmYJ. KE.n. RONALD L. SonmsoN DAVID G. GHEENI XO D.uI. W. Moorr R.I. RouxnT I. STR.UD PATEH B.. RED DAVID D. SAND ANOHBW R.IlINi21N08B 81. T.O.AS MILL.. SANAL L. N JOSEPH P. NoAOx TELEPHONE 1012) 33B • 0301 F......I.. P. ANGST RopxxT L. LnR C..I.l R. GARM60wn. Kr115TIN S. MEw,y RONALD K.DnrnenD GRIM CrTnnl,ISx 11. 1UN. ANN IlnNnlnux RLItNA I..011111 Jo .. ".. I. SYeoR¢N W1xx1Ce ANnnEA M. MA. TIMOTIIY Y. Ihau¢xrY TELL•COPI I:R (012) 396-1070 0a HROx. ,1. Srnx.On RNI IN A IIININx¢ AV.ONL.GORDON MARTIN R. FISx (gu Rl.nx I1.ItunnuN TIn.V L. SL�. IIRTII J. 1W.AN VINCENT A. TIIONAF ODART J. PH MAURR¢N R. IvAR...N MAR. J. F..NE ' Tn. . A.L KENBPSCA JOE. BBLTEN. MARY M. Drn3RTR NANCY J. tv." DAVID DAW. J.SPONGE¢ . G.RAT PATNII:N M. GAI.Y DENNIS L. DALL D v.. L. SEE BO Ja. D . L. B - Rn:RE.A M.n H t J. AIA T¢u 1MU6 INCLUDING THE FORMER FIRM OF TIMOTHY . MAR. E A.D.. M. MACn.IRR u. MI H. L.I .RL MA¢ PPEL LEVITT , PALMER, MER BOWEN, ROTMAN SHARE CHERYL A. Tno.AS KE K.VIN A. NO PATRICK T. SEEDY D.. B. IATTL. SUOLAA . R. SCOTT DAMES ID,'.. JA.ES A. EE 1L¢x Smum.D¢. J. PeralCe McDevlTt RA Ronrx L. Hexs¢x M. D.Dn. M.D..... ox couxsxL J. N.M MONO. RICIIA.D E.KYLE J."N M. PALMEn REPLY TO: SAS n.L H. MO.0A. May 23, 1988 �� Y.NCP. 9 CIANENC8G. PRAN e FEANR a....0.. LDONADD J. KEYxs JOE. M. SE.. VIA MESSENGER Mr. Geoffrey Olson, Planning Director CITY OF MAPLEWOOD 1830 East County Road B Maplewood, Minnesota 55109 Re: $5,800,000 City of Maplewood Multifamily Mortgage Revenue Refunding Bonds (Beaver Creek Apartments Project - FHA Insured Mortgage Loan) Dear Geoff: Enclosed for Monday night's City Council meeting is a final draft of the Resolution pertaining to extension of the disbursement date and preliminarily approving the issuance of refunding bonds for the Beaver Creek Project. Also enclosed, to accompany the Resolution, are executed originals of the following: 1. Exhibit A to the Resolution -- Request for Extension. 2. Exhibit B -- Opinion of Bond Counsel regarding the extension. If you have any questions about the enclosed materials, please do not hesitate to call. Because Mary Ippel will be out of town, I will be attending the City Council meeting. I understand that the public hearing and consideration of the Resolution are scheduled for 7:40 P.M. If there is a change in scheduling, please let me know. 2270 MN WORLD TRADE CENTER 2200 FIRST NATIONAL DANK BUILDING 2G00 IDS CENTER SAINT PART, MINNESOTA 66101 SAINT PAULL, MINNESOTA 66101 MINNEAPOLIS, MINNESOTA 66 (4111) Rol -Islas 14121 261.1016 luau ➢D2.01101 N� BRIGGS ANn MORGAN Mr. Geoffrey Olson Planning Director May 23, 1988 PAGE TWO. Thank you for your time and assistance on this matter. Very truly yours, Andrew R. Kintzinger ARK.jc Enclosures cc: Timothy J. Sandell FIRST TRUST NATIONAL ASSOCIATION [w /copies of - Resolution - Request for Extension (signed) 15:006 Opinion) it EXHIBIT A $8,500,000 City of Maplewood Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project) REQUEST FOR EXTENSION Beaver Creek Apartments Limited Partnership (the "Borrower "), hereby requests, pursuant to Section 3 -1(8) of that certain Indenture of Trust dated as of.December 1, 1985, by and between First Trust Company, Inc. and the City of Maplewood and Section 3.01(1) of that certain Loan Agreement dated as of December 1, 1985, between the City and the Borrower, that the Disbursement Date (as defined in the Indenture) be extended from June 1, 1988 to September 1, 1988. Attached hereto as Exhibit A is an opinion of Bond Counsel, stating that such extension will not adversely affect the tax - exempt status of the Bonds. Beaver Creek Apartments Limited Partnership, a Minnesota Limited Partnership By Knights Group, a Minnesota General Partnership, its General Pam . Gervais Partner 11:034 y MATTRNW J. LEYTTT J. B. VAN DE NORTR, JR. LAW OFFICES Ron.aT B.IVOOBS MICRAEL J. GRIM.S Coon OEHLER Ro..T M. BOW.N RIONADD G. MAR. ANDRBN C. SULI. B R I G G S AND M O R G A N WILLIAM J. JOANIS MAROUI K. SwY ^ ° E MARIAN M. D..B,. CnmaTOrnan 4p.ay.uxu ROUn. S G. SEA.. ANOR.W BRO C. BECHER E I J011N K.EUIxUEOE NANCY D. ANNIaON Bu¢T R. SWANEON M.J. GALVIN, JR. J.....YJ.MA... JAMES E. NELSON PROFESSIONAL ASSOCIATION DULAN G. UE..LN MoBURLJ. MCELWSTIU➢M DAVID C. FORSBEEO J.no.. A.GEIS TONY SSRM UUE... MARY E. SBBA"NRR LADE.. A. FITNIAN PAUL S. JACOBSEN JON. J. MONIU L4 STEVE A. BRAND MICMEL 11, STREATEB COLLEEN V. SU..R MCN.IL V. SRYMOUR, JR. JOEL H. 00'P ASMAN JON. II, WN.ETNOM DIANA J. VANCY. -BRYAN JERRY F. RoI.AN KARIM L, Wn., 2400 IDS CENTER RIONARU D. A....... NNAL T, 11UErNn TERENCE N. D°YL. ALAN II. MAC.. SAI.I.Y A. SCMgIN SUSAN 11. TIIONAa HICIIARD R. KYLE JEBFURY F. S,. MINNEAPOLIS, MINNESOTA 66402 DAVID C. M.D..A1D I'I.RTBY J. KY,.NAN JUNE. L. DEVNRY MArrnnw L.IDVIrT Bauc. 1V. M.Iv ROBERT L, SIERUI' RONALD L. SORENSON DAYID G. 0 ... NNtl ANDREW R. KINTZIN°En MICILUEL'1' IIOMAa MIUEn P.R H.S... DAY,° 13. S. FE .... I.. P ABORT CARLOS R. CARRAEVOII.LO SA.... L. HANEON JOS UPII P. ROARK TELEPHONE (612) 330 -0001 ROBERT L. LE. KRISTIN S. M.LUY RONAI.° R. ODCNARO IA CIRI.ES R. RAYNOR ANN HoNTRUILR HLEMA LO.L11 JOIIN TIIOVRR ANNRIG M. Dm) ONS11011Y J. ST'IUU.111I KNVIN J. 111NI.UN S,I .... IS. WINNIOE TI.Onv R 1 T46LECOPIER (012) 376.1070 CNAULUE 11. HOUSES Ron, ,I. KELMAN AvnoN L. GOnuoN MARTIN II. FIR. 'I'I4r111Y 1., SI.I'. VINCENT A. TIIOMAS JOAN R. KIULU,U E ROEERT J. PRATT. M ANBV..N E. WARBSN MASS J. F.ENZ To.. A.LA.... JOHN DVLTENA MARY M. DONS.T11 NANCY J. WINE DAvU, J. SESECER JAMES G. RAY PATRICE M. GARRY DENNIS L. HALL DANIEL J. Go.. JR. DOUGLAS L. SEC. RICIURD R. MAmnS IAL TRUDY J. ILA INCLUDING THE FORMER FIRM OF IIMOTIIY E. MAR. ANDRY M. MAaw ... n MI ... L H. J ...... RE MARY L. 1,C. LEVITT, PALMER, BOWEN, ROTMAN & SHARE CNnRYL A. TNOMAR KEVm A. B.no PATRNI .'L SEELLY DuxE D. LS L. R.Scon DANEE JAMES A.VOSS MARS SC¢RO.OE. J. PATRICE MCDAYIT( ROSES L.IUNsEN M. ROUND MCDONO°°n RE COUNS.L " J. NUTA MORIDS MCRAE. E. I(YL. J0B. M. NINE. REPLY TO1 SAMUEL. 11. MOROAN EXHIBIT B A. LAO r Cs DAIIE CLARSNC. G.FMNE FRANS RAN.." May 23, 1988 LM.°NAR° J. KEYP.s JOIIN M. SUL City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 First Trust National Association First National Bank Building Saint Paul, Minnesota 55101 Re: $8,500,000 City of Maplewood Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project) Gentlemen: We acted as Bond Counsel in connection with the issuance by the City of Maplewood (the "City ") of its $8,500,000 Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project) the proceeds of which were loaned to Beaver Creek Apartments Limited Partnership (the "Company ") to acquire, construct and equip a multifamily housing development located within the corporate limits of the City (the "Project ") pursuant to a Loan Agreement dated as of December 1, 1985 (the "Loan Agreement "). The Project will be owned, operated and maintained pursuant to the provisions of a Regulatory Agreement (the "Regulatory Agreement "), dated as of December 1, 1985 by and between the City, the Company and the Trustee (as defined below). The Bonds are secured by an Indenture of Trust (the "Indenture ") between the City and First Trust Company, Inc., in St. Paul, Minnesota (the "Trustee') dated as of December 1, 1985. 2270 MN WORLD TRADE CENTER 2200 FIRST NATIONAL BANK BUILDING 2400 IDS CENTER SAINT PAUL, MINNESOTA 66101 SAINT PAUL, MINNESOTA 66101 MINNEAFOLIS, MINNESOTA 66402 (012) 201.1216 (012) 201 -1016 (0121 1100.0001 1 � Y ' BRIGGS nwn MORGAN We have been requested by the Company to deliver our opinion to the City and the Trustee that the extension of the Disbursement Date (as defined in the Indenture) to September 1, 1988 will not adversely affect the tax - exempt status of the Bonds. In this regard, we have examined various documents that were considered necessary as the basis for this opinion, including a Certificate of Company of even date herewith. On the basis of the foregoing, it is our opinion that according to present laws, regulations, rulings and judicial decisions, the extension of the Disbursement Date to September 1, 1988 will not, in and of itself, impair the tax - exempt status of the Bonds. In rendering this opinion we have not independently verified or conducted any independent investigation of factual matters, but we have relied upon the information and facts reflected in the documents which we have examined. BRIGGS AND MORGAN, PROFESSIONAL ASSOCIATION Andrew R. Kintzinge 11.32 /:� -_S" MATTA. J. Vann JOax H. VAN De NORTH, JR. LAW COL. DROVER RICHARD G. MARE OFFICES ROD." E. WOODS R..W M. BOBBB ROBERT G. S.— ANDREA C. SELDRar ASOM, C. B.Ca.a D 1 T G B R AND M O R G A N WuLUx J. JOABN` Merroesnr K Seveos DBET E. SWAN.ON J."MO, J. REVIVE JoxN R. ELUxo.oe M. J. GALVIN, JR. JANUS H. NEAR. PROFESSIONAL ASSOCIATION BRIAR G. DIUELE DAVID C. Fo .... no J.... A.G.Is To" STE ... ROER JOBS J. MoNs.LV ST.v. A. BRAND MARE E. Sc.Arrx.R McNEIL V. SBYNUUR, Ja. JOEL H. GATT IARLS Mlcmn H. STREATEE JERRY F. ROTUAN NARIN L. W,= JO.N H. UND.TROW TERENC. N. DOYLx ALAN R. MACLTN 2400 IDS CENTER SPIRALED D. Ax.meox RIIReeD H. QYLE J..RT F. SRAW RALLY A. Scooaw J."4DeVNaV MATTREB, L. L.YITI MINNEAPOLIS, MINNESOTA 66402 DAVID C. MCDONALD RONALII L. So.nv.ox DAVID 0. GR.mE, BROC. W. M. FEVRE R. S... DAVID D. S. ANDREW R. RIETRlxoa. SANEEL L. ELSA.. JOSRPH P. NOAD[ FRIDe.ID[ P. ANOET RONALD E.ORCOA.. CRA.'.S R. RAW,, TELEPHONE (612) 339.0601 ROBERT L. U. J.. TEoTER ANDREA M. 130" ANN Hine.o.s STEP... WIxNICK TIMOTRT P. FLAR.KTT TELECOPIER (612) G.Im Avaox L. GORDUS MARTIN H. FIE[ 376.1078 B. RooE� Jo. R. KENEIIc. RoaRaT J. PRATT. TIRST L. SL" TEoNAs A. LARsoN JOHN HULTHM MAOE.e. E. WARR.. DAVID J. SPENC.. JAO.s O. RAT MAn M. DY..BT. DANIEL J. COL, JR. RxIIARD H. R.rI. PATRICK M. CARRY DOVOLLs L. S.. TEwY J. R A.•• INCLUDING THE FORMER FIRM OF T,.. E. MARE MICEA.L R. J.EONINUE MARY L.IPPEL Cx..TL A. I ... AE R.SooTT Dena. JeOEs ANDRE LEVITT, PALMER, BOWEN, ROTMAN & SHARE KIVIN A. B.N. J. PA. MCDAVITT RORYx L.RANSEx MADE SCERU.DE. M. HBIOID MODONOVOE REPLY TO: Aoti by Ceunoliv May 16, 1988 Endorsed. Modifie Mr. Geoffrey Olson Rejecte CITY OF MAPLEWOOD Date ----- _�_ 1830 East County Road B Maplewood, Minnesota 55109 Re: $8,500,00 City of Maplewood Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project); Proposed $5,800,000 City of Maplewood Multifamily Mortgage Revenue Refunding Bonds (Beaver Creek Apartments Project - FHA Insured Mortgage Loan) Series 1988 Dear Geoff: MICRAKL J. GRIN.. MARIAN M. DORRIS GNR D. gH c.GLHV%LLND MANGY D. RON .MO "B E E N A L . FIT SAAB, RnO PIUL S. .EI PAVt E . V. S. .x COLL. .ox-B DIANE I. Buxt R-Herul NEAL L B9agx8 LUST B. TEOOAR RO J. MIG R.Y L. TRIB. HORAs MWLAEL TEOxAe MILL.R KRISTIN R. BUILD, DDILLo E LELA S. McI»r RLnxe J.. R R un, NUO. J. Rlxi[K8 J. Recess VIN. . A..oESs MAR J. D.O.I J. WOI.P ABLE L Hsu ABLE M. MACEUeIEe P T. $HHI.LY D.IAN. B .Wma OP COwgeL J. NEIL MOM. RIC." E. SITE J.. M. NOIRE SANO.L $ MOROAN F.. N. O.A. A. LAON.NIa DAVTA CLAR.NCE G. 1.. I.. RARMOw LEONARD J. RSV.. Jo.. M. SULLIVAN Enclosed in connection with the above - referenced matter is a copy of a Resolution to be acted upon by the City Council at its meeting on May 23, 1988, and accompanying documentation. The Resolution authorizes the extension of the Disbursement Date from June 1, 1988 to September 1, 1988. The Disbursement Date is the date on which disbursements may be made from the Construction Fund in accordance with the provisions of Section 3.05(4) of the Loan Agreement entered into in connection with the above - referenced Bonds. Attached to the Resolution is a request for extension by Beaver Creek Apartments Limited Partnership and an opinion of Briggs and Morgan that the extension to September 1, 1988 will not, by itself impair the tax - exempt status of the Bonds. A certificate of Beaver Creek Apartments Limited Partnership setting forth the facts and circumstances necessitating their request for an extension is also enclosed. 2270 MN WORLD TRADE CENTER 22OO FIRST NATIONAL BANK EUII.DINO SAINT PAUL, MINNESOTA 00101 SAINT PAUL, MINNESOTA 6EIOI 2400 IDS CENTER (01:) 291-1810 EA 10 @I 891.1210 MINN L S, MINNESOTA 66402 (012) 300 -0801 BRIGGS awn MORGAN Mr. Geoffrey Olson May 16, 1988 PAGE TWO. The Resolution additionally gives preliminary approval tc the issuance of refunding Bonds to prepay and redeem in part the 1985 Bonds. Generally, the issuance of refunding Bonds is necessary due to material changes being made to the terms of the 1985 Bonds, including extension of the final maturity date of the Bonds and amendments to the 1985 Bond documents to accommodate FHA insurance, which will secure repayment of the refunding Bonds. Upon issuance of the refunding Bonds, proceeds of the 1985 Bonds in excess of the principal amount of refunding bonds will be used to prepay the remaining 1985 Bonds, so that the 1985 Bonds will be paid off entirely on or about such date. Proceeds of the 1985 Bonds in an amount equal to the principal amount of the refunding bonds will be available for project construction. In the event that the City does not approve the extension from June 1, 1988 to September 1, 1988, the Trustee is requested to redeem the Bonds and therefore, the project, if undertaken by Beaver Creek Apartments Limited Partnership, will be from a source other than tax - exempt financing." me. If you have any questions, please do not hesitate to contact V�Ve�rV /y�� truly your Mary`L. Ippp �� MLI:jc Enclosures 12:028 RESOLUTION GRANTING AN E %TENSION REGARDING THE DISBURSEMENT DATE IN CONNECTION WITH A MULTIFAMILY RENTAL HOUSING DEVELOPMENT AND PRELIMINARILY APPROVING THE ISSUANCE OF REFUNDING BONDS WHEREAS: (a) The City of Maplewood, Minnesota (the "City ") issued its Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project) in the principal amount of $8,500,000 on December 27, 1985 (the "Bonds "), in connection with which the City entered into an Indenture of Trust (the "Indenture ") dated as of December 1, 1985, by and between the City and First Trust Company, Inc., as Trustee, and a Loan Agreement (the "Loan Agreement ") dated as of December 1, 1985, between the City and Beaver Creek Apartments Limited Partnership (the "Borrower "); (b) The proceeds of the Bonds were loaned to the Borrower for the acquisition, construction and equipping of a multifamily housing development (the "Project ") approved by the City, all as further described in the Indenture and the Loan Agreement; (c) Section 3 -1(8) of the Indenture requires that the Disbursement Date must occur on or prior to December 1, 1986, unless the City, at the request of the Borrower, extends such date at the request of the Borrower and upon receipt by the City and the Trustee of an opinion of Bond Counsel to the effect that such extension will not adversely affect the tax - exempt status of the Bonds; (d) The City Council previously extended the Disbursement Date from December 1, 1986 to June 1, 1987, from June 1, 1987 to December 1, 1987 and from December 1, 1987 to June 1, 1988; (e) The Borrower has requested, pursuant to a Request for Extension attached as Exhibit A hereto, that the Disbursement Date be extended by the City, as Issuer of the Bonds, from June 1, 1988 to September 1, 1988; (f) Briggs and Morgan, Professional Association, Bond Counsel, has advised the City and rendered an opinion, attached as Exhibit B hereto, that granting such extension for the extension of the Disbursement Date will not, by itself, adversely affect the tax - exempt status of the Bonds; (g) In order to convert interest on the Bonds from a Floating Rate to a Fixed Rate pursuant to Section 2 -16(5) of the Indenture, to- remarket the Bonds on the Initial Conversion Date and to obtain the Disbursement Date, the Borrower has determined that it is necessary to refund in part the Bonds, rather than remarket the Bonds, through the proposed issuance by the City of approximately ,$5,800,000 Multifamily Mortgage Revenue Refunding Bonds (Beaver Creek Apartments Project - FHA Insured Mortgage Loan) Series 1988 (the "1988 Bonds "), the proceeds of which 1988 Bonds would be used by the Company to refund and redeem a like. principal amount of the Bonds. The proceeds of the Bonds currently escrowed with the Trustee pursuant to the Indenture would be (i) transferred in an amount equal to the principal amount of the 1988 Bonds to a Construction Fund to be established in connection with the 1988 Bonds and loaned to the Company for construction of the Project and (ii) used in remaining part to redeem the principal amount of the Bonds in excess of the principal amount of the 1988 Bonds; and (h) A public hearing on the proposed issuance of refunding bonds for the Project was held on May 23, 1988, after notice was published, all as required by federal law, at which public hearing all those appearing at said hearing who desired to speak were heard and written comments, if any, were considered. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, as follows: 1. Pursuant to Section 3 -1(8) of the Indenture, the City hereby approves the Request for Extension and extends the Disbursement Date from June 1, 1988, to no later than September 1, 1988. 2. The City hereby preliminarily approves the issuance and sale of refunding bonds, and authorizes and directs its staff to take all actions necessary or desirable in connection with the issuance of such refunding bonds, subject to final approval by the City as to the financing documents necessary for such a refunding and as to other final details of the financing with such refunding bonds. 3. The refunding bonds, if issued, shall be special, limited obligations of the City and shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the Project and the revenues pledged therefrom, and the refunding bonds shall recite in substance that the refunding bonds, including interest and premium if any, thereon, are payable solely from the revenues received from the Project -and property pledged to the payment thereof, and shall not constitute a debt of the City. -2- 4. The Company will pay all expenses incurred by the City in connection with the issuance of the refunding bonds, all to be provided for and agreed to in a Loan Agreement pertaining to the refunding bonds to be entered into between the City and the Company. Adopted by the City Council of the City of Maplewood, Minnesota this 23rd day of May, 1988. 13:016 -3- ARK: 5/13/88 EXHIBIT A $8,500,000 City of Maplewood Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project) REQUEST FOR EXTENSION Beaver Creek Apartments Limited Partnership (the "Borrower "), hereby requests, pursuant to Section 3 -1(8) of that certain Indenture of Trust dated as of December 1, 1985, by and between First Trust Company, Inc. and the City of Maplewood and Section 3.01(1) of that certain Loan Agreement dated as of December 1, 1985, between the City and the Borrower, that the Disbursement Date (as defined in the Indenture) be extended from June 1, 1988 to September 1, 1988. Attached hereto as Exhibit A is an opinion of Bond Counsel, stating that such extension will not adversely affect the tax - exempt status of the Bonds. Beaver Creek Apartments Limited Partnership, a Minnesota Limited Partnership By Knights Group, a Minnesota General Partnership, its General Partner By Kenneth D. Gervais Managing Partner 11:034 ARK: 5/13/88 EXHIBIT B May _, 1988 City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 First Trust National Association First National Bank Building Saint Paul, Minnesota 55101 Re: $8,500,000 City of Maplewood Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project) Gentlemen: We acted as Bond Counsel in connection with the issuance by the City of Maplewood (the "City ") of its $8,500,000 Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership (the "Company ") to acquire, construct and equip a multifamily housing development located within the corporate limits of the City (the "Project ") pursuant to a Loan Agreement dated as of December 1, 1985 (the "Loan Agreement "). The Project will be owned, operated and maintained pursuant to the provisions of a Regulatory Agreement (the "Regulatory Agreement "), dated as of December 1, 1985 by and between the City, the Company and the Trustee (as defined below). The Bonds are secured by an Indenture of Trust (the "Indenture ") between the City and First Trust Company, Inc., in St. Paul, Minnesota (the "Trustee') dated as of December 1, 1985. We have been requested by the Company to deliver our opinion to the City and the Trustee that the extension of the Disbursement Date (as defined in the Indenture) to September 1,. 1988 will not adversely affect the tax - exempt status of the Bonds. In this regard, we have examined. various documents that were considered necessary as the basis for this opinion, including a Certificate of Company of even date herewith. On the basis of the foregoing, it is our opinion that according to present laws, regulations, rulings and judicial decisions, the extension of the Disbursement Date to September 1, 1988 will not, in and of itself, impair the tax - exempt status of the Bonds. In rendering this opinion we have not independently verified or conducted any independent investigation of factual matters, but we have relied upon the information and facts reflected in the documents which we have examined. BRIGGS AND MORGAN, PROFESSIONAL ASSOCIATION By Andrew R. Kintzinger 11:32 ARK: 5/13/88 $8,500,000 CITY OF MAPLEWOOD VARIABLE RATE DEMAND PURCHASE MULTIFAMILY HOUSING REVENUE BONDS SERIES 1985, (BEAVER CREEK APARTMENTS LIMITED PARTNERSHIP PROJECT) CERTIFICATE OF COMPANY I, Kenneth D. Gervais, do hereby certify and declare that I am the managing partner of Knights Group, a Minnesota general partnership, the general partner of Beaver Creek Apartments Limited Partnership, a Minnesota limited partnership (the "Company "), and that: 1. This Certificate relates to the $8,500,000 Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project (the "Bonds "), issued by the City of Maplewood (the "City ") on December 27, 1985. The proceeds of the Bonds were loaned by the City to the Company to acquire, construct and equip a multifamily housing development located within the corporate limits of the City (the "Project ") pursuant to a Loan Agreement dated as of December 1, 1985 (the "Loan Agreement "). The Project will be owned, operated and maintained pursuant to the provisions of a Regulatory Agreement (the "Regulatory Agreement "), dated as of December 1, 1985 by and between the City, the Company and the Trustee (as defined below). The Bonds are secured by an Indenture of Trust (the "Indenture ") between the City and First Trust Company, Inc., in St. Paul, Minnesota (the "Trustee ") dated as of December 1, 1985. 2. In accordance with Section 3 -1(8) of the Indenture, the Company has requested that Briggs and Morgan, P.A., as Bond Counsel, deliver an opinion to the City and the Trustee that the extension of the Disbursement Date to September 1, 1988 will not adversely affect the tax - exempt status of the Bonds. 3. The development of the Project and its construction have been proceeding with due diligence from the date the Bonds were issued; however, due to circumstances that we did not reasonably anticipate, construction of the Project and satisfaction of the underwriting criteria necessary to remarket or refund the Bonds have been delayed substantially and, consequently, it is necessary to extend to September 1, 1988 the Disbursement Date and its concomitant preconditions. The following circumstances have caused construction of the Project and remarketing of the Bonds to be delayed: a.' Through November 23, 1987, the various factors and circumstances which caused substantial delay of the Project and the underwriting are set forth in certificates dated May 15, 1987 and November 23, 1987, executed by the undersigned. b. Since. November 23,,1987, the Project has been proceeding. The utilities have been brought to the building sites and site preparation work has been completed, including preparation of the soil for installation of the footings. (Add other items and work completed since November 23, 1987) C. The Company has obtained a Conditional Commitment dated May _, 1988 (a copy of which is attached as Exhibit A hereto), issued by the Department of Housing and Urban Development (HUD) under Section 221(d)(4) of the National Housing act of 1934, as amended, to provide Federal Housing Administration (FHA) insurance to insure a mortgage loan pursuant to which Bond proceeds will be advanced to construct the Project. The FHA Insurance will provide necessary credit enhancement to secure repayment of refunding bonds, the issuance of which will permit transferred proceeds of the Bonds to be disbursed to construct the Project. The Company is currently providing HUD with such materials, and proceeding to satisfy all conditions set forth in such Conditional Commitment, to obtain an FHA Firm Commitment. The Company anticipates that a Firm Commitment will be issued by HUD by , 1988. Additionally, the Company is proceeding to complete and satisfy all HUD requirements and conditions necessary to obtain Initial Endorsement of the FHA Mortgage Note by FHA. The Company estimates that FHA Initial Endorsement will be obtained by , 1988. d. In obtaining FHA Insurance, the Company has found it necessary to downsize the Project from 180 units to 120 units, and make necessary adjustments in design and building plans to accommodate such reduction, in Project size. e. Recent changes in Minnesota "Blue Sky" securities laws, and the promulgation -2- of proposed regulations relating to such amended laws have caused substantial delays in obtaining permission from the State to offer and sell refunding bonds to redeem the bonds and to permit the transferred proceeds of the Bonds to be disbursed for Project construction. The Company expects that all materials necessary to secure requisite approval from the State of Minnesota for the offer and sale of the refunding.Bonds will be submitted to the State by May 23, 1988, and approval for offer and sale of the Bonds will be obtained on or about June 15, 1988. f. The underwriter, Piper, Jaffray & Hopwood Incorporated has indicated that it is willing to market on a best efforts basis and sellrefunding Bonds on the basis of the Conditional Commitment issued by HUD and is proceeding with such marketing and underwritingplans, subject to obtaining approval from the state for offer and sale of the Bonds. 4. The Company has, since the Bonds were issued, paid or incurred from its own funds in excess of $400,000 in developing the road to the Project building site and in bringing water and sewer lines to that site. The Company's,.total investment in the Project to date is in excess of $ The Project is part of a planned unit development which limits construction of the Project site to the Project as designed at the date of closing. Failure to proceed with the Project as planned will cause the Company to incur a substantial economic loss that is not set off by arbitrage earnings. 5. The Company will continue with construction of the Project and the financing thereof, including obtaining FHA, .. Final Commitment and Initial Endorsement. 6. Potential permissible arbitrage profit has not been a consideration in the timing of the development and construction of the Project. The arbitrage profit earned to date of approximately $ will not offset the approximately $ of costs incurred to date by the Company. 7. It is reasonably expected that the Company will obtain before August 31, 1988, the Initial Endorsement of the FHA Mortgage Note necessary to permit use of the proceeds of the Bonds for disbursement for construction of the Project. 8. by Briggs and date herewith the Company as This Certificate is made to induce the issuance Morgan, P.A. of its special tax opinion of even and the statements herein are representations of to the facts recited therein. -3- IN WITNESS WHEREOF, I have hereunto set my hand this day of May, 1988. BEAVER CREEK APARTMENTS LIMITED PARTNERSHIP, a Minnesota Limited Partnership By Knights Group, a Minnesota General Partnership, its General Partner By Kenneth D. Gervais, Managing Partner 12:029 -4- / Action by Counoij: Modified -°°,°°~.~~w MEMORANDUM Bojouted�~�°�°�� Date TO: City Manager ~ FROM: Thomas Ekstrand Associate Planner` SUBJECT: Code Amendment - Design Review for Dwellings on Small Single-Dwelling Lots DATE- May 2 1988 SUMMARY introyMILIRR On April 25, 1988 council directed staff to prepare a code amendment to allow staff, rather than design review board L ^ approval of single dwellings on lots between 7,500 and 9,999 square feet. ife men tn. Code requires approval by the Community Design Review Board for homes on small single-dwelling lots to assure that dwellings of similar design are located no closer to each other than 500 feet" This is to avoid repetition of design in those areas that have a higher density than the typical single-dwelling neighborhood" _the Chang Board review for these small-lot dwellings results in unnecessary construction delays and creates extra work for the design review board" This delay could prevent a homeowner from occupying the new house for two to four weeks, which may even cause them to find interim housing if they were forced to move from a previous dwelling" Staff review would allow these structures to be reviewed in a timely manner. Adoption of the code amendment requiring staff approval of single dwellings on lots between 7 and 9,999 square feet. k Attachment: Ordinance Amendment ORDINANCE NO" An ordinance requiring staff approval for small-lot single dwellings. THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 25-67 is amended as follows (additions are underlined and deletions are crossed out): Sec. 25-67" I otl ; determination of similar exterior design and appearancel~**ho, (a) The Dq t shall have the power to determine whether or not single- family dwellin9s g[LIgQ. containing tebwtg[L seven thousand five hundred (7,500) square fieet�^��= �i nine hundi2pd aDd _j�iinety 2__zgnaa lots are similar in exterior design and appearance . 4wr�6hn� shall be Made I.LL_tt� omm1Lr1j In +n-c+f--t��r��A~-��n��*��f�ns~^of~few��^�n*�-e*n��a�+*�+�-��*ef+` dwell ings w j�L�l_l��'1��IL_1{/u{x}0.��l��L��-.f��t�-ill'-R��_��nL��'�' having a similar exterior design and appearance, shall be lmcated at least five hundred (500) feet from each other. (c) Dwellings shall be considered similar in exterior design and appearance, if they have one or more of the following characteristics: (1) The same basic dimensions and floor plans are us substantial differentiation of one or more exterior elevations. (2) The same basic dimensions and floor plans are used without substantial change in orientation of the houses on the lots. (3) The appearance and arrangement of the windows and other openings in the front elevation, including the appearance and arrangement of the porch or garage, are not substantially different from adjoining dwellings. (4) The type and kind of materials used in the front elevation is substantially the same in design and appearance as adjoining dwellings. (Ord" No. 473, ; 1, 9-20-79; Ord. No" 475, 9 1, 10- 4-^79) Section 2. This ordinance shall take effect upon its passage and publication. / Passed by the Maplewood City Council this day of , 1988" Mayor Attest: City Clerk Ayes-~ Nays-- Action by Counoil:, MEMORANDUM Endorsed____,_. Modifie T0: City Manager ReJeote FROM: Director of Community Development Date SUBJECT: Code Amendment -- Residential uses and Home Occupations DATEh March 15, 1988 Introduction Several changes have been requested to the home occupation ordinances 1. Councilmember Juker's suggestions are listed on page 3. 2. On January 11, the council directed staff to revise the ordinances to grant home occupations to individuals, through licensing, rather than to the property with a conditional use permit. 3. Brian Donnelly (2922 Chippewa Avenue) has requested a code amendment to allow up to three nonresident employees in a home occupation. He has made a separate application for a home occupation permit to operate a heating, air conditioning and refrigeration repair business. Code restricts nonresident employees to one. The nonresident employees are self- employed subcontractors that Mr. Donnelly dispatches to the homes of his clients. The subcontractors stop at Mr. Donnelly's home once a day for about 5 to 10 minutes to drop off invoices and client payments. One of the work items suggested by the planning commission'is a review of the permitted uses in the zoning ordinance. Discussion This ordinance would make the following major changes: 1. Home occupation permits would be issued to individuals, through a license, rather than going with the property, through a conditional use permit. 2. A new restriction on parking for nonresident employees who work off site has been added, as well as a restriction on an on- street parking. 3. A new home occupation questionnaire has been written to provide more information on the home occupation. 4. Sales of goods produced off -site would be limited to 20% of gross sales. The current ordinance requires that such sales be subordinate to the principal business. 5. A conditional use permit would be required to park a heavy commercial vehicle on residential property. One light commercial vehicle would be allowed. Additional light commercial vehicles would need a conditional use permit. Current ordinance permits unlimited commercial vehicles if they are stored in a garage. b. The restrictions on commercial vehicles have been extended to the other residential districts. 7. An editing of the uses allowed in each of the residential zones has been done to keep them consistent and delete obsolete language. Recommendation Adopt the ordinance on page 5. mb Attachments: 1. Councilperson Juker's comments 2. Proposed ordinance 3. Revised home occupation application questionnaire 2 Council Packet -Fran Juker w Z ov g. Th.� - vrz�.e�r�sn,e� Gr�oQe, ;�.o� .fib .�.acor,� ..ZRic$ - tOi.�. ��'- °��aiv � v ' , 'cv��y�c ac re �6xi�ian I t le, YLL� 4tx- G. ,&- rif Oj 7 A Mph taw j A 12 A01 I A J . . . . . . . . . . . v 'Wjj ao - - -d Attachment 1 T " FA 9 C] ORDINANCE NO. AN ORDINANCE PERTAINING TO THE REGULATION OF HOME OCCUPATIONS AND THE USES PERMITTED IN RESIDENTIAL DISTRICTS THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWSs Section 1. Sec. 36 -6 (Zoning Code). Definitions are hereby amended to include the followings Commercial equipments Equipment not normally associated with residential use, including cement mixers, snow plows, or heavy duty compressors. Heavy commercial vehicles A vehicle including trailers, with more than a one -ton payload rating. Tractor trucks, wreckers, backhoes or dump trucks are included in this definition. This definition does not include the resident's recreational vehicles. Light commercial vehicles A vehicle with a payload rating of one ton or less on which is attached a snow plow, glass carrier, crane or similar commercial attachment. Premisess A tract of land, including any buildings thereon. Section 2. Article II, Division 2 (F, farm residence district) is amended as follows (additions are underlined and deletions are crossed outs DIVISION 2. F, FARM RESIDENCE DISTRICT Sec. 36 -51. Permitted uses. The only uses permitted in a F Farm Residence District are as followss (1) Any use permitted in the R -1 Residence District. (2) General farming or gardening including the use (3) Commercial greenhouses and nurseries. 5 Attachment 2 (4) Permanent stands for the sale of agricultural products produced on the premises. These stands to be constructed according to setback rules and regulations, (5) Stock raising and dairying" Sec" 36~52 The followin Uses MI'AV be nermitted by conditional use (I ), ftDy__Use gjIlawqd_ by. conditional USE' in the R-I M) Manufactured home park . (5) Sol f COUrse Sec" 36-53~36~65" Reserved. Section 3. Sec° 36~66" Permitted uses (R-^1, single- dwelling district) is hereby amended as follows (deletions are crossed out and additions are underlined): Sec. 36-6 MEN - aim NOMMWMI (a) Permitted uses. The o itted in the 1. Residence District are as follows.- - no The followin Uses MI'AV be nermitted by conditional use (I ), ftDy__Use gjIlawqd_ by. conditional USE' in the R-I M) Manufactured home park . (5) Sol f COUrse Sec" 36-53~36~65" Reserved. Section 3. Sec° 36~66" Permitted uses (R-^1, single- dwelling district) is hereby amended as follows (deletions are crossed out and additions are underlined): Sec. 36-6 MEN - aim NOMMWMI (a) Permitted uses. The o itted in the 1. Residence District are as follows.- (2) Public parks and play grounds. and 9014 ^ le / rm l e •n 21/ eft"It cI d y evp (s«A 36 - ya7 (3) 5eett ��eatlrtq SecTa� P' � L fair :i Sim SIM IM-14 p --wRim NP (4) One mobile home trailer may be parked on improved property temporarily with y special permit, which shall expire ninety (90) days from the date of issuance. period and conditions Of use. (5) One light commercial vehicle. b. Conditional uses. The f 01 1 Owing uses may be vehicles or eQUipment. or more than one I iq commercial vehicle. unless used for authorized on-site construction. Prohibited US The f ol I owing uses are prohibited . truck qar�dggis�_qC -ny rurtUre f Or the sal e Or 2. 3. Acc:essory___bL.til an associated Section 4° Sections 36~81 and (R-E, Residential Estate District) are amended as follows (deletions are crossed out and additions are underlined) : Section 36~81" Permitted and conditional uses. Any use permitted in an R~~1 Residence District (single dwelling) is permitted in �a R-E Residence Estate District. Section 36.82, Accessory uses" Any accessory use permitted in an (single dwelling) is permitted Estate District, except: (1) Used car lots" Prohibited uses" R~1 Residence District in the R~E Residence (2) The wrecking of automobiles or trucks including the sale of used cars, (3) Mobile home park-.s. Any prohibited use in the R -1 district is Prohibited in the R -E district. Section 3. Section 36 -86 (R -2 Double Dwelling District) is hereby amended as follows (deletions are crossed out and additions are underlined): Section 36 -86. Uses. (a) Permitted uses. The only uses permitted in the R -2 Residence District are as follows: 1. Any permitted use in the R -1 District. 2. Double dwellings. ( Colle9ac,,- 1ik^�� and cemmuni-ty meter AllawdI'm aKy building-, any o .c ,.'bj, b s b =11 re a d CvP a . pacial p- p' : —te bo icgW: 4 A by the `y cils sic (b) Conditional uses. The following uses may be permitted by conditional use permit: 1. Any use Permitted by conditional use Permit in the R -1 District. Section 6. Section 36 -94 is added to the R -2 District: Sec. 36 -94. Minimum floor areas. 10 The minimum habitable floor area for each R -2 Residence District - dwelling unit shall be at leasts five hundred eighty (580) square feet per efficiency or one - bedroom unit; seven hundred forty (740) square feet per two - bedroom unit; eight hundred sixty (860) square feet per three - bedroom unit; one thousand forty (1,040) square feet per four - bedroom unit. Section 7. Section 36 -108 (R -3 Multiple Dwelling District) is hereby amended as follows (deletions are crossed out and additions are underlined)a Sec. 36- 108. A-" di st-p ^«__- o..... tted uses Uses. (2) Clubs, ledges, fraternity -and sor m o r m ity h.. a ,hi i (14) R i R d l..ele.:..e. hW...__ • 12. - C U P S (5) The following Sec � es purse°^+ to a -7 use pelmmi by the _ :1 OR appl #Fat and hearM#ng as pPekoide 4 R AI^ «:-ls ITT "s +haa Qh a. Hn , ,+ 7 , 7 ' nic , mul= a Ag h^moi- and ether B CU Jn a«TY neiica. b Phil anthnapJc aRr ch c�• 3G yn I _ Any n+hur, ncn cMj jM,P, ems.. o ^ i 2 f vet in A« i cl a rIV / /� kene oA TTT 0 4 thien chapters -- relating to Qpeci.al use- p,J2 11 A_. Penmitted_u5es. The only Uses permitted in the t3-Q_03.strict are as fallows: 2. Any use permitted in the R-I district., b. Conditional uses. The following uses may be pf�.-rmitted by conditional use Dermit% I . Any use permitted by conditional use permit, in the R-I district. 2. Boardinq or lodqinq house. exceot a hotel 3. Nursing home. Section B. Sec. 17-21 (Home Occupations) is hereby amended as follows (deletions crossed out and additions are underlined) : Section 17-21" Lice - the fol I owing circumstances would occur m�;re �han 30 1. Emplo ent of a nonresident in the home 2. Customers vis the 31. Manufacture of oro on the oremises. 4" More than associated with the home i s classified as a light commercial vehicle" 5" OccUPation" and 12 No traffic shall - be generated by a home occupation in- volumes than would time, in a&tdLti_2n to the Parking so ces required by thp__neskLJRrjt_ ... 2. 3. aarLed on the street. Private vehicles used by 4..... 6 , 7. 9 13 home ocg_Ltpi.AtioEj There shat I be no change visibl off - pjjemi,� Ats i n detectabjg to tI normal senses off the I ot . I n the case of electrical interferencen 0 "there shall be no fire, safety or health F, f�T, — S. . A home occupation shall not include the repair of internal combustion engines, body .shops_,, 10. 11 . of an adjacent res 12_ The city council may add any additiona requirements that it deems necessary to i nsur e that the op of the home occupatio will be compat with nearby lan uses. Section 17 -22. Original license approval procedur A n appl i cat ion for ho occup ation shall be filed wit the director of c Upon rec a complete appl ication, the Di of Communit D evelopme nt shall _prepare a recommendatio t o th planning commission. The planning com r ecommendation shall be forwarded to the city c for a public hearing. The city council shall h old ,a. public hearing on the request. Notice of the h earing_ s hall be mailed to the own of all properties l within 360 f eet of the home occupation at least ten day prior to the date of he aring_._ Section 17.23. License renewal Each license holder shall apply to the city clerk each January for renewal. Prior to issuance of a license renewal, the city shall determine that all licensing conditions and city ordinances are being met. The city clerk shall revoke the license where compliance with the licensing conditions or city ordinances cannot be obtained or where the home occupation has been discontinued. Revocation may occur at any time that c ompliance with license conditions or city ordinance c annot be obtained. e:- 1 i-an'ce SN»llaf p�otealvlL 14 Section 17.24 Appeal. The owner or his assign of a home occupation whose the - w-he is elan i and a 1 1—p— inane al ma ppeal the i t y clmpk'a decision to the city council. To request an appeal a written letter of request must be submitted to the city clerk within thirty (30) days of the license revocation 4 n- pewawa3 The city c ouncil may revoke. approve or _add_ Section 17 -25. Transfer of license. Section 9. This ordinance shall passage and publication. Passed by the Maplewood City Council on the day of 1 19ee. take effect upon its Mayor Attest: City Clerk Ayes-- Nays-- 15 Applicant's Name Address of Home Occupation HOME OCCUPATION QUESTIONNAIRE 1. Describe the home occupation being proposed 2. 3. 4. 5. 6. 7 . 8 . How many nonresident employees would work on —site? How many nonresident employees would work off —site? How often would off —site employees visit your home? What percentage of each level of your home's floor area, including basement, would be used in conducting the home occupation? Where on the premises will the home occupation be conducted? Describe any changes in the outside appearance of the building or premises, other than one wall— mounted sign of not more than two square feet? What percentage of gross sales would come from the sale of a product(s) produced off —site. How many customer or employee vehicles would be parked on the premises at any one time? Describe the type and give the number of each type of vehicle to be used in the home occupation and where they will be parked. 9. What will be the average number of customers expected to visit the premises per week? The average number of employee /subcontractor visits to the premises per week? What time of day and which days of the week would you expect these visits to occur? 10. Describe any delivery vehicles that will bring supplies to or be used to ship products from the premises. Include the type, amount and frequency of delivery of supplies; and the type, size, frequency and hours of such delivery vehicles. 16 Attachment 3 11. Describe the type of equipment, including ventilation systems, or process(es) that will be used in the home occupation and how the use of this equipment or process(es) will be kept unnoticeable to the normal senses of persons off of the premises. 12. If equipment will be used that runs proposed? If existing wiring is approved by a. city inspector for the 13. Describe the amount substances or other the home occupation stored. on electricity, is new wiring to be used, has the wiring been proposed use(s)? and type of any chemicals, gasoline, hazardous similar material, that are proposed to be used in Also, describe where these materials will be 14 Describe the manner in which the substances identified in Question 13, and any by- products therefrom, will be disposed. 15. Has the proposed location and type of home occupation been reviewed by the city building official and fire marshal? (Note: Some home occupations, such as beauty shops, require fire walls and an additional access /exit. In such cases, the building plans should be reviewed by the city before the home occupation license is applied for to insure that the required work can be accomplished.) 16. If applicable, has a Minnesota Sales and Use Identification Number been applied for this home occupation? . (Note: This number Must be presented to the city clerk as a condition of annual licensing.) 17 Planning Commission -4- Minutes 3 -21 -88 I. Approve the resolution approvin� the conditional use permit for one year, subject to the ollowing conditions: A. dherence to the site p an dated March 15, 1988, unless a change is approve by the city's community design review ard. B. Materi is in the orage yard shall be no more than 80% visible rom the the lots to the.south. This may limit sta ,ing h ights or require a higher fence height. C. Hours of option in the storage yard shall be limited to 7:00 a. to 10:00 p.m. II. Authorize 39Vparking \Spaces, rather than the 456 required, on the /basis that. A. Therg( are more park Ng spaces for each square foot of building than the average enard's store. B. P ,6ak hours for Menard's C. /There has always been th' site. issioner Sigmundik seconded Id be opposite of the bar. arking than needed on Xns dahl, Ayers, Cardinal, Fischer, igmundik B. Code Amendment: Residential Uses /Home Occupations Secretary Olson discussed with the commissioners the proposed code amendment pertaining to the regulation of home occupations and the uses permitted in residential districts. Commissioner Gains moved approval of the amended code amendment pertaining to home occupations and residential uses. Commissioner Sletten seconded IX. UNFINISHED BUSINESS Ayes-- Axdahl, Ayers, Parrett, Cardinal, Dempsey, Fischer, Gains, Sigmundik, Sletten X. COMMISSION PRESENTATIONS Aotion by Counoi.lr Endorsed Modified Rejecte Date po ENDA ITE AGENDA REPORT TO: City Manager FROMe Assistant City Engineer SUBJECTn Ski Jump Pond Drainage Improvements, Project 87 -21 Public Hearing DATEi May 18, 1988 INTRODUCTION The public hearing for this project was held on April 11, 1988. At that time several of the affected parties asked that the decision on the public improvement be tabled until April 25, 1988, to allow for the formalization of a privately executed alternative to the public improvement. The agenda report identified the staff's recommended criteria for a private agreement that effectively protected the public interest. The private agreement was not worked out by the April 25, 1988 council meeting. The decision was tabled until the May 23, 1988 meeting with the concurrence of the developers and the St. Paul Ski Club, Inc. representatives. To date, the affected parties have been unable to formalize an agreement to provide a private alternative to the proposed public improvement. BACKGROUND A copy of the agenda report for this project, presented when the public hearing was scheduled, is attached for reference. The proposed assessment rates are presented therein. RECOMMENDATION It is recommended that the council proposed public improvement at this the public improvement is attached. either order or deny the time. A resolution ordering Ir- AGENDA ITEM MEMORANDUM TO: City Manager FROM: Assistant City Engineer SUBJECT: Present Feasibility Report City Project 87 -21. DATE: March 8, 1988 and Schedule Public Hearing INTRODUCTION The feasibility study for the ski jump property storm sewer is transmitted herewith. It is requested that a public hearing be scheduled for this project as stated in the attached resolution. BUDGET IMPACT The total estimated cost of the recommended improvement is 5152,150, including engineering and other indirect costs. The Minnesota Department of Transportation has area within the Interstate Highway 494 right —of —way which is tributary to the drainage area of this project. MnDOT has been requested to review whether cost sharing of this improvement is appropriate. If MnDOT participates in the funding for this project then the estimated assessment rates will be less than presented herein. It is proposed to assess the owners of property tributary to the drainage area for the costs of the project which are not funded by cost sharing with MnDOT. Although estimated costs for proposed storm sewers to connect to the ski jump pond are presented in the feasibility report, it is not intended that the construction of these connecting storm sewers be included in the ski jump property storm sewer project. The estimates of connecting storm sewers from the proposed Maplewood Highlands and Highwood Estates plats to the ski jump pond were included so that the combined cost of storm water conveyance, in addition to ponding and discharge, could be evaluated for each alternative investigated. It is intended that these storm sewers be constructed by the respective developers prior to construction of the access road. The proposed assessments are as follows. The assessments are proportioned by percentages of total run off tributary to the pond. A run —off coefficient is multiplied times the area of each property to'reflect the differing run off from park or open space versus residential development. RESOLUTION ORDERING, IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, after due notice of public hearing on the construction of storm sewers ponding area, pumping station, force main, access road, and appurtenances within the drainage area tributary to the St. Paul Ski Club, Inc. property, a hearing on said improvement in accordance with the notice duly given was duly held on April 11, 1988, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct storm sewers, ponding area, pumping station, force main, access road, and appurtenances within the drainage area tributary to the St. Paul Ski Club, Inc. property as described in the notice of hearing thereof, and orders the same to be made. 2. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. These proposed assessments equate to the cost per gross square foot of property as follows: Property Pleasantview Park Maplewood Highlands Ski Jump Highwood Estates East of Highwood Estates (13- 28 -22 -41 - 0013) West of Highwood Estates (13- 28 -22 -31 - 0064) Cents Assessment per Gross Squar Foot 2.4 4.7 2.4 4.7 4.7 4.7 It is intended that the assessment attributable to Pleasantview Park be paid through PAC funds or other source as designated by the director of parks and recreation. jc Area % Total Proposed Property Acres Run Off Assessment Pleasantview Park 7.0 4.8 7,300 Maplewood Highlands 16.5 22.3 33,930 Ski Jump 13.8 9.5 14,450 Highwood Estates 37.3 50.3 76,530 East of Highwood Estates 8.3 11.1 16,890 (13- 28 -22 -41 -0013) West of Highwood Estates 1.6 2.0 3,050 (13- 28 -22 - 31 - 0064 Totals 84.5 100.0 $152,150 These proposed assessments equate to the cost per gross square foot of property as follows: Property Pleasantview Park Maplewood Highlands Ski Jump Highwood Estates East of Highwood Estates (13- 28 -22 -41 - 0013) West of Highwood Estates (13- 28 -22 -31 - 0064) Cents Assessment per Gross Squar Foot 2.4 4.7 2.4 4.7 4.7 4.7 It is intended that the assessment attributable to Pleasantview Park be paid through PAC funds or other source as designated by the director of parks and recreation. jc MEMORANDUM TO: City Manager FROM: City Engineer SUBJECT: Cope Avenue Feasibility Study City•Project 85 -26 DATE: May 5, 1988 L H -3 .Action by Counoil•:i Endorsed Modifie ReJected..,_ _ Date Attached is the feasibility study for Cope Avenue from Craig Street to Ariel Street that addresses horizontal and vertical alignment of Cope Avenue from Craig Street to White Bear Avenue. This study was initiated by the property owners on the south side of Cope Avenue on the east and west side of the proposed German Street. The report addresses the following: 1. Extending the existing sanitary sewer from German Street to Ariel street and on German Street from Cope to Lark Avenue. 2. Extending the water main from the water tower to the east to Ariel Street and adjusting the water main depth in locations where street grades conflict. 3. Storm sewer for the new street section plus a new trunk storm sewer to serve the entire area, including the flooded backyards on Castle Drive behind the nursing home, which is proposed to be placed in Cope Avenue the entire distance from Ariel street to VanDyke street and then south to the existing system at Lark Avenue. 4. Placement of a new street section with curb and gutter from Craig Street to the east to proposed Ariel street, plus a section of street on the German Street alignment from Lark Avenue to Cope Avenue, and also since the section of Cope Avenue from Craig Street to Hazel Street is to be removed for storm sewer, this section is proposed for curb and gutter and a new street section. 5. A proposed alignment for the White Bear Avenue and Cope Avenue East intersection, including VanDyke Street and Castle Drive, which identifies right —of —way required on certain parcels owned by the city. 6. A financing proposal that outlines assessing portions of the proposed improvements and also identifies city participation requirements. The report concludes that the improvements are feasible but financing alternatives for city participation should be considered. It is recommended that the council pass the attached resolution ordering a public hearing for June 13, 1988 at 7 p.m. AMENDED MAY 1988 COPE AVENUE IMPROVEMENT HAZEL STREET TO ARIEL STREET PROJECT 85 -26 MAPLEWOOD, MINNESOTA I hereby certify that this report was prepared by me or under my direct supervision and that I am duly Registered Professional Engineer under the laws of the State of Minnesota. j R. Charles Ahl, P.E. Registration No. 16230 October 31, 1985 City of Maplewood Department of Public Works 1902 East County Road B Maplewood, Minnesota 55109 CITY OF 1902 EAST COUNTY ROAD B DEPARTMENT OF PUBLIC WORKS October 31, 1985 The Honorable Mayor and City Council City of Maplewood 1389 Frost Avenue Maplewood, Minnesota 55109 COPE AVENUE IMPROVEMENTS FROM HAZEL STREET TO ARIEL STREET- - CITY PROJECT 85- 26-- MAPLEWOOD, MINNESOTA Enclosed herewith is the feasibility report on the above -named project which has been prepared at your request. This report addresses the concern of determining the engineering feasibility, estimated project costs and methods of financing for the construction of sanitary sewer, water main, storm sewer, and street improvements for Cope Avenue from Hazel Street to Ariel Street and German Street from Cope Avenue to Lark Avenue. The study concludes in a recommendation to extend sanitary sewer and water main and to construct a storm sewer system to connect to the existing storm sewer at VanDyke Street and Lark Avenue plus a street system on Cope Avenue and on German Street. If you have any questions about the contents of this report, pleas contact me. R. CHARLES AHL, P.E. - ASSISTANT CITY ENGINEER MAPLEWOOD, MINNESOTA 55109 770 -4550 7w Enclosure cc: Ken Haider, Acting City Manager COPE AVENUE IMPROVEMENTS FROM HAZEL STREET TO ARIEL STREET PROJECT 85 -26 MAPLEWOOD, MINNESOTA 11NOWN Title Page and Certification . . . . . . . . . . . . . . . . i Transmittal Letter . . . . . . . . . . . . . . . . . . . . . Index . . . . . . . . . . . . . . . . . . . . . . . Summary and Recommendations . . . . . . . . . . . . . . . . 1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . 2 Project Scope . . . . . . . . . . . . . . . . . . . . . . . 2 1. Sanitary Sewer Extension . . . . . . . . . . . . . . 2 2 . Water Main Extension . . . . . . . . . . . . . . . . 2 3. Storm Sewer Improvements . . . . . . . . . . . . . . 3 4. Street System Improvements . . . . . . . . . . . . . 3 Estimates of Cost . . . . . . . . . . . . . . . . . . . . . 4 Proposed Financing . . . . . . . . . . . . . . . . . . . 4 Proposed Financing Summary . . . . . . . . . . . . . . . 5 ATTACHMENTS 1. Estimates of Cost -- Sanitary Sewer Water Main Storm Sewer Street 2. Utility and Assessment Maps -- #1 - Sanitary Sewer #2 - Water Main #3 - Storm Sewer #4 - Street m SUMMARY AND RECOMMENDATIONS Summary 1. The sanitary sewer, water main, storm sewer, and street improvements considered hereinafter are cost effective and are feasible. 2. The total project cost is $441,700 for all improvements recommended in this report. Of this total, $382,775 is proposed to be assessed against benefited properties. 3. A revision in the Maplewood Drainage Plan is proposed so that a drainage problem east of the nursing home can be solved by construction of a storm sewer segment. Recommendations 1. If the improvements are authorized, the facilities should be constructed as proposed herein. 2. A storm sewer system should be constructed prior to any street construction to alleviate an erosion problem on the Cope Avenue right -of -way west of Hazel Street. 3. With the construction of a storm sewer system, a segment should be constructed to drain the low area north of Cope Avenue, east of the nursing home. The Maplewood Drainage Plan should be amended to reflect this change. 4. The street system with concrete curb and gutter proposed for Cope Avenue from Craig Street to Ariel Street should include a segment on Cope Avenue from Hazel Street to Craig Street because the existing pavement will be removed for storm sewer construction and a segment on German Street from Cope Avenue to Lark Avenue to alleviate traffic problems on Hazel Street and Craig Street and to reduce the length of the cul -de -sac. 5. City participation is recommended in the amount of $58,925 from a combination of hydrant fund monies, tax - increment fund monies, and state -aid maintenance fund monies. COPE AVENUE (Craig Street to Ariel Street) INTRODUCTION The Maplewood City Council has authorized the preparation of this report to study the feasibility of street and utility improvements on Cope Avenue from Craig Street to Ariel Street and to determine an alignment of Cope Avenue from White Bear Avenue to Ariel Street. The original impetus for this study was in a petition from several property owners with frontage along Cope Avenue between Craig Street and Ariel Street. PROJECT SCOPE 1. Sanitary Sewer Extension The current system extends to the intersection of Cope and Craig and a separate segment extends to Lark and German. The Lark and German easement is at an elevation that would not serve this project area, therefore, an extension from Craig Street to Ariel Street along Cope Avenue will allow sanitary sewer service to be provided to all properties along Cope. It is projected that property along German Street between Cope Avenue and Lark Street will also develop so an extension has been provided in the German Street alignment. The elevation of this line is such that future service to the properties fronting on Castle Drive (Highway 36 frontage road) cannot be served with sanitary sewer. This area was studied and projected to be served by a future system to be constructed along Castle Drive. Map 1 at the end of this report shows the proposed sanitary sewer extensions and the future sanitary sewer improvements. 2. Water Main Extension A majority of this area is currently served by water main constructed as a part of the water tower project. An extension of the water main from the water tower to the east along Cope Avenue to Ariel Street is required to provide service to all properties on this project. Water services are proposed to be extended to all properties along this project: Due to proposed street grades certain segments of the existing water main will require replacement to proper depth. This is required to provide proper street grades less than the maximum allowed by ordinance and to provide a proper alignment and grade for the future extension and intersection of Cope Avenue and White Bear Avenue. The proposed extension of water main and the segments of water main to be adjusted to proper depth as part of this project and as part of a future project are shown on Map 2 at the end of this report. 2 3. Storm Sewer Improvements Drainage from this area currently flows from a ridge line at approximately the location of the city's water tower to the west collecting on the existing segment of Cope Avenue and continuing west overland along the Cope Avenue alignment west of Hazel Street where serious erosion problems are occurring. The drainage continues down the slope across the lot on the southeast corner of Cope Avenue and VanDyke Street where it is collected as part of the County Ditch 17 system at Lark and VanDyke. Another portion of this drainage area flows to a low area prior to outletting through a six -inch field culvert system into the nursing home's drainage system. This ponding of water in this low area has caused serious problems for residents along Castle Drive who have septic system drain fields in this area and to residents along Cope Avenue who have lost use of their rear yards during wet weather periods. This six -inch outlet from this area has been prone to clogging and blockages causing the local residents very serious problems and the downstream storm sewer system is not adequately developed or sized to handle this area's flow, therefore, it has been proposed, as part of this report, to replace this six -inch outlet with a properly sized outlet to a Cope Avenue storm sewer system. This area was originally planned to be drained to the MN /DOT Highway 36 system in the Maplewood Drainage Plan, however, by requiring the developers of the medium residential (RM) and business warehouse (BW) property to the east of this area to limit their run - off to the undeveloped rate of 9.0 CFS would not change the. downstream storm sewer system constructed as part of County Ditch 17. The proposed storm sewer system for Cope Avenue would provide for collection of all run -off during a 10 -year design storm from Ariel Street along Cope Avenue to the intersection of Cope and VanDyke, then southerly along VanDyke to Lark Avenue where it connects to the existing County Ditch 17 system. The first segment of the County Ditch 17 system (approximately 200 feet) is not properly sized and would require replacement. All other downstream segments of the County Ditch 17 system should be adequately sized for this proposed system. Map 3 shows the proposed storm sewer system. 4. Street Improvements The proposed street system includes extending the street, a nine -ton design with D -412 concrete curb and gutter, from Craig Street to Ariel Street and replacing a temporary cul -de -sac at Ariel Street. Neither the Maplewood Community Development Department nor the North St. Paul street plan is projecting the construction of Ariel Street south of Highway 36 to Cope Avenue in the current right -of -way. North St. Paul does project a street connecting to Cope Avenue in the future at which time the temporay cul -de -sac would be removed. Constructing this section would create a 975 foot, one access section of street system which is strongly discouraged by city standards. Therefore, it is proposed to construct a street section from the existing street at German and Lark to German and Cope. This would reduce the length of 3 the temporary cul -de -sac to approximately 600 feet and would also provide additional access to this area other than Craig Street and Hazel Street which are the only routes at this time. It is also proposed to construct a street section with concrete curb and gutter on Cope Avenue between Hazel Street and Craig Street because the existing street will be removed to place the storm sewer piping. The proposed street system is shown on Map 4 at the end of this report as well as a proposed alignment and intersection detail of the White Bear Avenue -- VanDyke Street - -Cope Avenue -- Castle Drive intersection. The proposed alignment and intersection detail identifies right -of -way needs for this area and will allow for proceedings to begin to sell a portion of the lot on the southeast corner of VanDyke Street and Cope Avenue which is currently owned by the City of Maplewood. ESTIMATES OF COST The estimated project costs include construction costs, 10% for construction contingencies and 32% for indirect costs for engineering, legal, administrative and easement acquisition costs. The total estimated project cost for the improvements proposed is $441,700.00 _ A portion of the storm sewer cost has been added to the street construction cost because the streets cannot be recommended for construction without a storm sewer system. In the design of the storm sewer system 41.8% of the system's capacity is used for direct street drainage which amounts to $67,000.00 of the $160,400 -.A0 estimated construction cost. Of this amount, 66.2% or $44,400.00 is used for direct street drainage on the proposed streets between Hazel and Ariel and on German Street between Cope and Lark. PROPOSED FINANCING The financing for the planned improvements is proposed to be by a combination of assessments and city participation. The sanitary sewer, sanitary sewer services and water services are proposed to be assessed against benefited properties with no city participation. The rates are estimated to be $21.23 per front foot for sanitary sewer, $680.00 per four-inch sanitary sewer service and $900.00 per one -inch water service. Map 1 shows the properties proposed to be assessed for sanitary sewer. The assessment for water main is proposed to be against all benefited properties on Cope Avenue between German Street and Ariel Street which were not assessed as part of the water tower project. A $25.00 per front foot rate would result in a city participation amount of $11,955.00 which is justifiable because a portion of the water main cost ($ 16,800.00 ) is for replacement of existing water main due to changes in street grade and also because a portion of the Cope Avenue frontage is the water tower property. It is proposed that the city 4 r a participation amount be paid from the hydrant fund. If city participation is not used an assessment rate of 837.43 per front foot would be used. Map 2 shows the properties to be assessed for water main. The assessment for storm sewer is proposed to be against all benefited properties draining to the planned improvement which were not assessed as part of the County Ditch 17 improvement. AppBoximately 65% of the assessment area as shown on Map 3 drains to the proposed improvement north of Cope Avenue and east of the nursing home where the six -inch field tile outlet is proposed to be replaced as discussed in the project scope section of this report. By using an assessment rate of 8.10 per square foot of residential low (RL) property and 8.20 per square foot of residential medium (RM ), residential high (RH), water property (W3 and business warehouse (BW) property results in a city participation of 827,500.00. This amount of city participation appears justified because of 821,600.00 of storm sewer construction cost can be attributed to future direct street drainage downstream of the proposed improvements. It is proposed to use funds from the tax - increment fund or the state -aid maintenance monies for the city participation. If city participation is not used, assessment rates of 8.125 per square foot of RL and 8.25 per square foot of RM, RH, W and BW would be required. The assessment for street improvements is proposed to be against all benefited properties along Cope Avenue from Hazel Street to Ariel Street and along German Street from Cope Avenue to Lark Avenue as shown on Map 4. City participation is recommended in the amount of 819,400.00 to cover the cost of street replacement in VanDyke Street from south of Lark Avenue to Cope Avenue where storm sewer is proposed to be constructed. The city participation is proposed to be paid by funds from either tax - increment funds or state -aid maintenance fund monies. If city participation is not used, an assessment rate of 885.73 per front foot would be required. The following table summarizes the financing proposal: PROPOSED FINANCING SUMMARY Cost City Description Est. Cost Asmt. Units Asmt. Rate Recovery Participation Street 8227,100 2,649.0 FF 8 78.41/FF 8207,700 819,400 Storm Sewer 116,000 276,925 (Resi) 10 /SF 88,430 27,570 303,683 (RM, RH, W,BW) .20 /SF Water Main 36,000 961.8 LF 25.00 /FF 24,045 11,955 Water Serv. 13,500 15 EA 900.00 /EA 13,500 0 San. Sewer 38,900 1,832.4 LF 21.23/FF 38,900 0 Sewer Serv. 10,200 15 EA 680.00 /EA 10,200 0 TOTAL 8441,700 -- -- 8382,775 858,925 5 C RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, the city engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Cope Avenue from Craig Street to Ariel Street (City Project 85 -26) by construction of sanitary sewer, water main, street and storm sewer improvements, and WHEREAS, the said city engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the city engineer advising this council that the proposed improvement on Cope Avenue from Craig Street to Ariel Street by construction of sanitary sewer, water main, street and storm sewer improvements is feasible and should best be made as proposed, is hereby received. 2. The council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of 8441,700. 3. A public hearing will be held in the council chambers of the city hall at 1830 East County Road B on Monday, the 13th day of June, 1988, at 7 p.m. to consider said improvement. The city clerk shall give mailed and published notice of said hearing and improvement as required by law. �II J MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Code Amendment -- Gervais Lake High DATE: April 15, 1988 _c!.i.on bY Gourc': Er,�or t'o1.i. e _ Rejeete Date Water Speed Limits The City of Little Canada has adopted a high water speed limitation ordinance for Lake Gervais. They are requesting that Maplewood adopt a similar ordinance. Maplewood must adopt this ordinance if Little Canada is to enforce theirs. Recommendatio Approve the attached ordinance. kd Attachments 1. Letter 2. Ordinance CITY OF LITTLE CANADA RAMSEY COUNTY, MINNESOTA Office of: JOSEPH G. CHLEBECK, Clerk .515 Little Canada Road Little Canada, Minn. 55117 4844177 December 3, 1987 Michael McGuire Maplewood City Manager 1830 East County Road B Maplewood, MN 55109 Dear Mr. McGuire: a AJ The City of Little Canada has reAae an Ordinance regulating the speed of watercraft on Lake Gervais within the City, hereafter referred to as a Wake Ordinance. In order for us to adopt this Ordinance the Department of Natural Resources informed us that it would be necessary for the City of Maplewood to adopt a similar Qrdinance for this to be effective, review. Yours sincerely, *"Joseph G. Chlebeck Clerk— Treasurer JC:bj Enclosure cc: Jeffrey Olson N Attachment 1 MAYOR Michael Fahey COUNCIL Beverly Scalze Bill Blatener Rick Collova Jim LaValle -0�:le ORDINANCE NO. AN ORDINANCE REGULATING THE SPEED OF WATERCRAFT ON LAKE GERVAIS WITHIN THE CITY OF MAPLEWOOD THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 21 -96 is amended as follows (additions underlined): Sec. 21 -96. Definitions. For the purposes of this division, the following words, terms and phrases shall have the following meanings respectively ascribed to them by this section: Channel: The word "channel" means any waterway or canal between lakes and includes any so- called lagoon or pond within such waterway. Section 2. Section 21 -97 is amended by adding sub- sections (f) and (g): (f) High Water Speed Limitations. During periods of high water, defined as 860.9 feet or greater above mean sea level on Lake Gervais, the director of public safety may, at his discretion and upon notification of the Ramsey County Sheriff, impose a slow -no wake speed on such areas of the lake as may be necessary. Such restrictions shall become effective upon publication in a local newspaper as a news item on a specified date. Such restrictions shall be enforced by local and county licensed police officers. All public water accesses and private launch ramps shall be posted prior to and during the time the restrictions are in place. In addition, notice of said restrictions shall be posted at the Maplewood City Hall. Said restrictions shall be promptly removed when high water levels have subsided. (g) Exemptions. Authorized resource management, emergency and enforcement personnel, when acting in the performance of their duties, shall be exempt from the restrictions of this section. 3 Attachment 2 Motorboat: The word "motorboat" includes every vessel propelled by machinery. Section 3. This ordinance shall take effect and be in force after approval by the Commissioner of Natural Resources and after its passage and publication. Passed by the Maplewood City Council this day of 1988. John Greavu, Mayor ATTEST: Ayes -- Lucille Aurelius, City Clerk Nays- - 4 MEMORANDUM TO: City Manager FROM: Public Works SUBJECT: Little Canada DATE: May 3, 1988 Director Water Connection Charge Several years ago Little Canada bonded for system -wide water improvements. They constructed water storage and pumping facilities with major transmission mains. The bonds are being paid off over a period of time with increased property taxes to property owners in Little Canada. The cash connection charge to property outside Little Canada is based on the improved value of the property and the time left to retire the bonds. In other words. Little Canada charges the additional taxes a property would pay if they were taxed by Little Canada. The connection charge is consistently, applied and comparable to the cost within Little Canada. j 47 MEMORANDUM TO: City Manager Mike McGuire FROM: Director of Emergency Services Larry J. Cude DATE: April 26, 1988 RE: Deputy Director Position Action by 6uno9.Stt Endorsed._,., Modified,. Roeo ft te-� Please be advised that John Zuercher will be leaving his Position as Deputy Director of Emergency Services on August 26, 1988. His reason for resigning is a transfer to Austin, TX by 3M Corporation. For the purpose of hiring a replacement, we request authorization to post the position for 10 days and place a notice in Maplewood Review, the official newspaper for Maplewood. call. If you have any questions, please feel free to give me a Thank you. LJC:ajo U) sc �•SS�o,u vPo9es Chapter 11 ON Lg CIVIL DEFENSE* Sec. 11 -1. Declaration of necessity and policy Because of the existing and increasing possibility of 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 [servicesl 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: Bold -- 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 1, 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 [services] hereafter called the director. The director shall be appointed by the mayor, ratified by the council, report administratively to the city manager, fand] 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 Iservicesl 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 [servicesl agency and to the governor upon request. The head of each department and agency, in cooperation with land under the directions of] the director, shall be responsible for the planning and programming of such civil defense activities as will involve the utilization of the facilities of his agency or department. (f) The director shall, in cooperation with existing city departments and agencies affected, organize, recruit and train [auxiliary police, emergency medical personnel, and ] any Fother personnel that may be required on a volunteer basis to carry on the emergency management [servicesl 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 [services] plan, the director shall provide plans and develop resources necessary to make available a ui emergen 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 [servicesl 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 hie ro ders in 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 [servicesl 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 [services] 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 [servicesl agency. (Ord. No. 378, S 601.050, 10- 17 -74; Ord. No. 565, S 1, 2- 27 -84) State law reference -- Similar provisions to subsection (a), M.S. S 12.43. Sec. 11 -6. Emergency regulations. (a) Wherever necessary to meet a civil defense emergency or to prepare for such an emergency for which adequate regulations have not 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. If not sooner rescinded, every such regulation shall expire at the end of three (3) days after its effective date or at the end of the civil defense 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 [services] 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 [services] 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 [services] 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 [servicesl 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 [services] 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 Iservicesl 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. �� tr 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 such as schools, departments, day presentations to a variety of organizations nursing homes, city departments, fire 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. BRERGENCY 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. , H - / �� Action b Council: North Maplewood Lions and Lioness' 1310 Frost Ave Maplewood, MN 55109 April 18, 1988 Mr. Mike McGuire City Manager City of Maplewood 1830 E County Road B Maplewood, MN 55109 Dear Mr. McGuire; As per our previous conversation the North Maplewood Lions and Lioness are requesting permission from the City Council of Maplewood to operate pull tabs, in Maplewood, on an off site basis. The North Maplewood Lions and Lioness have a commitment to the community and people of Maplewood and wish to continue to work towards that commitment. Recently our organizations have been unable to meet all the requests for contributions from individuals and groups, both charitable and civic. Off site pull tabs would enable our organizations to do this. The North Maplewood Lions and Lioness wish to cooperate fully,'.in any manner, with you and the City Council in this matter. We wait for your response so we can take the appropriate action. Thank you for your consideration of our request. Sincerely Yours, Charitable Gambling Committe Claire Zuercher Dennis Damico Greg Moos AGENDA ITEM H ' 7 MEMORANDUM AotIon bg Counou. TO: City Manager Endorsed _ FROM: City Engineer Modifie SUBJECT: Ariel Street, Cope— Castle; Order Feasibility Study Re,jeote DATE: May 3, 1988 Date Hillcrest Development has requested the city to investigate construction of Ariel Street from Cope Avenue to Castle. This project fits in well with other projects being considered in the area. It is recommended the city council order a feasibility study for this section of Ariel Street. is C . HILL CREST Uv DEVELOPMENT Since 1948 Executive and Administrative Offices • 440 Century Plaza March 21, 1988 1111 Third Avenue South • Minneapolis, Minnesota 55404 • (612) 371 -0123 Honorable Council of the City of Maplewood 1830 East County Road B Maplewood, MN 55109 To Whom it My Concern: On March 7, 1988, Hillcrest Development had a meeting with Sherman Boosalis (developer) concerning the proposed plan for their property South of Highway 36 between Ariel and 7th Street (on file in your office). The plan shows Ariel Street terminating with a cul -de -sac on Hillcrest South property line. We'now petition and request that Ariel Street continue to the Highway 36 South Frontage Road, as without this we would be denied access to our property which abuts Ariel Street on the East and West. In our conversation with the city of North St. Paul, they have no objection to Ariel Street continuing to Highway 36 Frontage Road. We future petition and request that the council assess the cost of improvement against our property in Maplewood. As you know, on March 14th a conditional use permit for our property was denied (Leer Inc.). We would like to request a feasability study on utilities for the land, as we are convinced without utilities the council will continue to deny us the use of our property. Sincerely, HILLCREST DEVELOPMENT C _ ...7 Richard J. Nord Construction Manager RJN /lmp cc � � J ¢„ •• --'-�, ..as� ! as �, - J Q � I Q ) I �QO i i ' ^ r- / 0 0 a w U � � �M � f¢n2'• ' w O O .L = '^ O M .c :O::� WO ��IIJJ is " � ":::i :X:l;::: % / m 00 10 :: - ; - is I3iav IS i3m - J W cc � � J ¢„ •• --'-�, ..as� ! as �, i w a. E _ W '1S NI V w a39 IS °JI _1S 1 3ZVH -- W A Q i i `t / 0 0 a w U O � W U w N > OC x W N i w a. E _ W '1S NI V w a39 IS °JI _1S 1 3ZVH -- W A Q `t w 0 W I— x a x 0 WO (� m 00 10 J W W ¢woe a �o wry€ LL Q a 0 AGENDA ITEM �" d AGENDA REPORT TOu City Manager, Action b FROM¢ Assistant City Engineer Y Council:i SUBJECTi Ferndale- Geranium Storm Sewer, Project 87 -20 Public Hearing Endorse DATES May 17, 1988 Modified. Rejecte INTRODUCTION Date The public hearing for the subject project was held, on April 11, 1988. At that time the subject storm sewer and drainage improvement was presented in conjunction with a proposal for street construction with associated utilities on Geranium Avenue (City Project 87 -°29). The proposed street and utility construction on Geranium was denied. The action on the proposed storm sewer and drainage improvements was tabled until the May 23, 1988 council meeting. This report presents additional information and revisions in accord with the concerns raised at the public hearing. BACKGROUND The attached letter from the consultant engineer provides additional information an the development of existing conditions and another alternative which was investigated during the preparation of the feasibility study. Proposed improvements consistent with the denial of Geranium Avenue street and utility improvements are presented. The estimated cost of the proposed improvements is $38,700. FINANCING There is a total of 837,700 square feet of assessable property within the drainage area tributary to the proposed improvements. The enclosed figure identifies the parcels proposed to be assessed (the number in parenthesis on each lot is the last two digits of the PIN). The enclosed table lists the assessable square feet of each parcel identified by its property identification number. An assessment rate of $0.0462 /square foot finances the estimated project cost of $38,700. This compares with the rate of $0.0537 /square foot based on the originally proposed storm sewer system. The cast savings is due to the deletion of drainage structures and pipe associated with the proposed street reconstruction of Geranium Avenue. RECOMMENDATION It is recommended that the council adapt the attached resolution that orders the proposed public improvement. 5 1 b, '88 TKDA TOLTZ, KING, DUVALL, ANDERSON 29, Block 5 AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING 2, SAINT PAUL, MINNESOTA 55101-1893 5 612/292 -4400 by owner FAX 612/292 -0083 May 13, 1988 Honorable Mayor and City Council Maplewood, Minnesota Re: Supplement to Feasibility Report Geranium Avenue - Ferndale Street Maplewood, Minnesota City Projects 87 -29 and 87 -20 Commission No. 9136 Dear Mayor and Council: At the public hearing on April 11, 1988, the City Council indicated that the street Improvements and watermain Improvements should no longer be considered but more information should be provided on the proposed drainage improvements. The purpose of this letter is to provide that additional drainage Information. In order to understand what Is happening today, one must look at what has been done in the past. Figure No. 1 Is a copy of the section map of the area. The map Identified that an old drainageway existed from Lot 28, Block 5 (now owned by Hennon Real Estate Company), across Geranium Avenue, to Lot 1, Block 6. This natural drainageway has been filled and altered by residential development over the years. The following alterations are known to have been made; there may be others: Lots 28 and 29, Block 5 Filled by Hennon Real Estate Lot 2, Block 5 Pipe and fill placed by owner Lot 3, Block 5 Pile and fill placed by owner Lot 4, Block 5 Filled by owner Lots 17 and 18, Block 6 Drain tiled and fill by owner Lot 19, Block 6 Outlet to drain tile system - runs continuously. Lot 1, Block 6 Subdivided Into two lots and filled by owners Honorable Mayor and City Council Maplewood, Minnesota May 13, 1988 Page 2 The small diameter pipes placed and the filling done has interrupted the free flowing surface drainage system. The water that cannot run off soaks into the ground and follows approximately the same path of the old drainageway. This groundwater is collected in the old drain the system In Lots 17 and,i8, Block 6, and discharges from the the outlet in the rear of Lot 19, Block 6, to the open backyard ditch present today. This drain the has been in place since about 1940. Pcs&s�_1mR�Qme_nts Since street improvements are no longer being considered, the recommended drainage improvements can be revised to those Improvements shown in Revised Figure No. 2 and described below: A. Henno n - IRQlE - €state Qu .ni m A manhole should be constructed over the existing storm sewer in Ferndale Street and extended easterly about 220 feet in the 10 foot wide permanent easement provided. A catch basin would be constructed in the low spot of these lots to intercept runoff so that it does not run north to Geranium Avenue. Short drain tile lines would be constructed out from the catch basin to Intercept any groundwater from the old burled drainageway. This outlet would have two benefits: First, it would provide an outlet for the ponded water. Second, it would Intercept some of the water that works its way through the old drainageway toward to the intersection of Ferndale and Maryland. A catch basin should be constructed over the existing storm sewer apron in front of Lot i and a storm sewer extended easterly through back yards following the route of the existing drainage ditch and swale. No easement exists for this route and would have to be acquired. It is recommended that 15" light weight plastic pipe be used for this portion of the storm sewer because of the ease of handling through the tight working conditions. This storm sewer has been sized to accommodate the 10 -year design storm in addition to the relatively constant base flow from the drain tile. A shallow swale should be shaped over the storm sewer route to provide an overflow path for runoff which exceeds the design capacity of the pipe. Since the existing the outlet would be directly connected to the new storm sewer, much of the existing groundwater would be intercepted. However, to intercept any remaining groundwater encountered along the storm sewer route, a 4" drain the would be laid alongside the 15" storm sewer. In addition, wye branches could be installed in the 15" storm sewer so that if any adjacent house has a footing drain and sump pump system already installed in their basement, they could connect to the storm sewer pipe and have a positive outlet for their footing drain. Honorable Mayor and City Council Maplewood, Minnesota May 13, 1988 Page 3 The proposed storm sewer would be fitted with surface inlets as appropriate to catch surface water from the backyards. This storm sewer could be extended to Geranium Avenue in the future when a permanent street with curb and gutter is constructed. The estimated cost of the recommended improvements is $38,700.00. Altftmc d yes During the preparation of the original feasibility report, another alternative for providing drainage for Geranium Avenue was considered. This alternative proposed collecting the street drainage from the existing low point in the road and constructing storm sewer westerly In Geranium Avenue and connecting to the existing storm sewer in Ferndale Street. This alternative was ruled out after a meeting with the City Staff and was not presented in the original report because: A. A storm sewer in Geranium Avenue would not eliminate the need for the Block 6 backyard drainage system. B. The Ferndale Street storm sewer between Geranium Avenue and Glendon Street does not have the additional capacity needed. C. This is a more costly alternative because of the additional pipe length. QQnm lusion The improvements recommended in this report are the minimum Improvements necessary to eliminate ponding water on the Hannon Real Estate property and to eliminate the continuous flow of water through the backyards of Block 6. Sincerely yours, 03 ° 7 X Al- Larry D. Bohrer, P.E. LDB :f ER&1M1 &Y&QSI- E&llM9IE City Project 87 -29 and 87 -20 Maplewood, Minnesota Commission No, 9136 Item Unit 1 Connect to Existing Storm Sewer 2 EA $ 500.00 $ 1,000.00 2 12 RCP Class 5 Storm Sewer 225 LF $ 18.00 $ 4,050.00 3 15 Polyethylene N -12 500 LF $ 18.00 $ 9,000.00 4 4 11 Drain Tile 300 LF $ 5.00 $ 1,500.00 5 4 Diameter Manhole 4 EA $ 900.00 $ 3,600.00 6 4 Diameter Catch Basin 3 EA $1,100.00 $ 3,300.00 7 Remove and Replace Curb 40 LF $ 20.00 $ 800.00 8 Remove /Replace Bituminous Pavement 10 SY $ 20.00 $ 200.00 9 Sodding 1,200 SY $ 2.30 $ 2,760.00 14— IQPAQ LL— ----- ---- ---- — ------ ------- 4N-&Q Subtotal + 10% Contingencies + 32% Indirect Costs Total Estimated Cost $26,660.00 $ 2,666.00 $38,700.00 i cli cli ■ cli 3: a C /( .� g ,! § m §k ® \ N/ Wjo p m \ e Q �. * j y $ /� e . cli cli ■ & §k` m LO \ m ` in SEWER 12 ca . � .� g ,! N/ p m \ e Q �. * j y $ /� \ _ 2 R § _ ou (D� ® �. « a jw cow IjL: & §k` m LO \ m ` in SEWER 12 ca . � L _ .ems ek _ — --- - -- t9 — — n E. 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Y�• •� r Cs) \ ( +) \ \(s) 24 r \ .•\� LI }14 1 (9, ` '' \ \ / 1 I ^" 400 -_ (a i) r . .I I PROJECT NO. 87-20 GERANIUM STORM SEWER PAGE I OF 1 05~18-1988 D/p ND" 5847 QUANTITY CHECK LIST PIN NO. 25~29~^22~11-0016 25-29-22-11-0017 25-29-22~11-0018 25-29^~22-11-0019 25-29-22-11-0020 25-29~^22~11~^0021 25~29^~22-11~0022 25~29~`22-11-0024 25-29-22-11-0035 25-29~22-11-0026 25~29-22~11-0027 25-29-22-11-0028 25-29-22-11-0029 25-29~'22-11-0030 25 25-29~`22-11-0036 25~29~^22-11~0037 25-29~22-11~0038 25-29~^22-11-0039 35-29-22~11-0040 25-29^^22~11-0041 ~ 25-29-22-11-0042 25-29-22-11-0043 25~29-22-11-0044 25-29-22-11~0045 25~29-22-11-0046 25-29-22-11-0052 | 25-29-22-11-0053 COL 1 J1860°N0 29785.0@ 6870@"00 201N0"00 19493"00 15770"00 17000°00 16400. 00 25250.00 17775"00 26400°00 287m0^00 41396"0@ 35765,00 33360.00 29859.00 3@@00,00 30000^00 30000°00 30000.00 JN000"00 30000,0@ 300m0°00 30000^N0 30000"00 30000.00 24916.00 55234.00 ` GRAND TOTALS 837763"00 RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, after due notice of public hearing on the construction of storm sewer and related drainage improvements for the area roughly bounded by Maryland Avenue, Century Avenue, Stillwater Avenue and Ferndale Street, City Project 87 -°20, a hearing on said improvement in accordance with the notice duly given was duly held on April 11, 1988, and the council has heard all persons desiring to be heard on the matter and has fully considered the sameg NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows-. 1. That it is advisable, expedient and necessary that the City of Maplewood construct storm sewer and related drainage improvements for the area roughly bounded by Maryland Avenue, Century Avenue, Stillwater Avenue and Ferndale Street, City Project 87 -20, as described in the notice of hearing thereof, and orders the same to be made. 2. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. AGENDA ITEM �J The plans and specifications for the subject project are presented for review and approval. The council is requested to adopt the attached resolution that authorizes advertisement for bids. jw Attachment AGENDA REPORT Action by Council: TO: City Manager Endorso FROMR Assistant City Engineer Modifie SUBJECT; Meyer Street Water Main, Project 87-13 - -- ReJecte Approve Plans, Advertise for Bids Date DATEo May 1S, 1988 The plans and specifications for the subject project are presented for review and approval. The council is requested to adopt the attached resolution that authorizes advertisement for bids. jw Attachment RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on April 28, 1988, plans and specifications for Meyer Street water main, Protect 87 -13, have been prepared by the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed an file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Oulleti advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 9 a.m., on the 17th day of June, 1988, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of June 27, 1988. AGENDA ITEM /-/- 16 The plans and specifications for the subject project are presented for review and approval. The council is requested to adopt the attached resolution that authorizes advertisement for bids. jw Attachment Action by Council: AGENDA REPORT Endorse Modified® TOP City Manager Rejeoted.,._� FROM: Assistant City Engineer Date SUBJECT: Boxwood Avenue, McKnight to Dorland, Project 8'7-19-•- - Approve Plans, Advertise for Bids DATE: May 18, 1988 The plans and specifications for the subject project are presented for review and approval. The council is requested to adopt the attached resolution that authorizes advertisement for bids. jw Attachment RESOLUTION APPROVING PLANS) ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on April 11, 1988, plans and specifications for Boxwood Avenue, McKnight to Dorland, Project 87 -19, have been prepared under the direction of the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Gonsruction But etin, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shalt specify the work to be done, shall state that bids will be publicly opened and considered by the council at 9 a.m., on the 17th day of June, 1988, at the city hall and - that no bidtc shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein rioted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of June 27, 1988. AGENDA ITEM // // Aotion by Council:. AGENDA REPORT' Endorse Modi£ie To: City Manager, Rejecte FROM: Assistant City Engineer, Date BUBJECTi Highway 61 Water Main, Kohlman to Beam, Project 87 -44 Approve Plans, Advertise for Bids DATE: May 18, 1988 The plans and specifications for the subject project are presented for review and approval. The council is requested to adopt the attached resolution that authorizes advertisement for bids. jw Attachment RESOLUTION APPROVING PLANET ADVERTISING FOR RIDS WHEREAS, pursuant to resolution passed by the city council on April 25, 1988, plans and specifications for Highway 61 water main, Project 87-44, have been prepared under the direction of the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the 99D tructipn B�Qli,etin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 9 a.m., on the 17th day of June, 19N8, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of .June 27, 1988. AGENDA ITEM /` - / ' 2 - Aotion by Counoili AGENDA REPORT Endorsed.— Modified, i TOP City Manger, Re9eote Date FROM Assistant City Engineer SUBJECTi Hillcrest Sanitary Sewer, City Project 86-22--. - Modify Existing Contract by Change Order Four DATEi May 18, 1988 INTRODUCTION Attached is a copy of proposed Change Order Four of the subject project in the amount of $10 for maintenance of the temporary gravel surface on McKnight Road. BACKGROUND The attached letter from the project engineer provides documentation as to why the change order is necessary. McKnight. Road south of Ivy must continue to be maintained until such time that negotiations with Ramsey County and the City of Saint Paul arse completed and authorization is given to construct the paved street section. Therefore, the change order includes an estimate for projected additional labor costs by the contractor, MinnKota Excavating, in addition to costs for labor and materials expended to date. The final payment for this change order will reflect actual costs only. RECOMMENDATION It is recommended that the attached resolution be passed that authorizes modification of the contract. j Attachment = s CHANCE ORDER ENGINEERS N ARCHITECTS & PLANNERS - CITY OF MAPLEWOOD DATE May 5, 1988 86 -22 _ CHANGE ORDER NO. 4 PRCiECT DESC�;Dr iN HILLCREST TRUNK SANITARY SEWER SEH FILE No. 87113 -he fcllowlrg cranges shall be made to the contract documents oescronc� MAINTENANCE OF McKNIGHT ROAD NORTH OF MARYLAND AVENUE PurccsecfChangeOrder RAMSEY COUNTY GRANTED MAPLEWOOD A VARIENCE TO THEIR STANDARD RESTORATION POLICY. THEY WAIVED PLACEMENT OF 4" OF BITUMINOUS SURFACING AND REDUCED THE AMOUNT OF AGGREGATE BASE FROM 12" TO 4" IF THE CITY AGREED TO MAINTAIN McKNIGHT ROAD. Basis ofCOsr :; Actual (M Estimated Attachments rest supporting documents) SEE ATTACHMENTS ADD $10,699.35 Contract Status Original Contract Net Change Prior C a's I to 3 Change this CO. Revised CCrtraCC Time Cost $757,886.00 4 days 67,694 54 NONE 10,699.35 11 -5 -87 INTERIM DATE $ R36,239 -89 Recommended for Approval: Short- Elllott- Hendrickson, Inc. By DONALD G. CHRISTOFFERSEN Agreed to by Ccnrracror: Approved for Owner: By By - Title By- Distribution Contractor 2 owner i Project Representative I SEH Office I SHORT ELLJOTT . Sr. PAW, HENDRICKSON INC MINNESOTA CHIPPEWA FALLS, WISCONSIN ATTACHMENT CHANGE ORDER NO. 4 CITY OF MAPLEWOOD HILLCREST TRUNK SANITARY SEWER CITY PROJECT NO. 86 -22 SHE FILE 'NO. 87113 ITEM QUANTITY UNITY UNIT AMOUNT PRICE LOADER AND OPERATOR 18 HOUR $95.00 $1,710.00 GRADER AND OPERATION 42 HOUR 85.00 3,570.00 FLAG PERSON 3 HOUR 19.00 57.00 CLASS II GRAVEL 382.42 TON 5.98 2,286.87 3/4" AGGREGATE 153.25 TON 7.12 1,091.14 1 112 ROCK 278.70 TON 7.12 1,984.34 TOTAL $ 10,699.35 5EN ENGINEERS ■ARCHITECTS ■PLANNERS March 17, 1988 Mr. Bruce Irish City of Maplewood 1830 E. County Road B Maplewood, MN 55109 Dear Mr. Irish: 222 EA W OTLE CANADA ROAD, ST. PAUL, MINNESOTA 55117 612484 -0272 RE: MAPLEWOOD, MINNESOTA HILLCREST TRUNK SANITARY SEWER CITY PROJECT NO. 86 -22 SEH FILE NO. 87113 We are enclosing a copy of change order No. 4 for City approval. This Change Order is for the maintenance of McKnight Road within the construction limits of the above reference project. In the early stages the City agreed to maintain a granular surfaced McKnight Road in exchange for deleting the placement of bituminous surfacing and a portion of the aggregate base. This agreement was made for two reasons. The section of McKnight road between Maryland and Ivy Avenues will eventually be "turned back" from the County to Maplewood and St. Paul after the new section of McKnight Road has been completed. Since the County's restoration requirements are greater than the City's local street requirements, the City decided to negotiate with St. Paul and Ramsey County to restore this section of McKnight Road as a new residential street improvement. Some of the savings from the original street restoration costs then could be used to offset Maplewood's cost of a new residential street improvement. Currently the negotiations are pending. The section of old McKnight Road north of Ivy will not be connected with the new alignment. Because of this, full surface restoration by the City north of Ivy would be removed to construct the new alignment of McKnight. Therefore, the County agreed to a minimum gravel surface if the City would maintain this section of McKnight Road over the winter. Please call if you have any questions. Sin eaely, V onald G. Cb stoffersen DGC /cjc SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS, HENDRICKSON INC MINNESOTA WISCONSIN RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 56 -22 Change Order Four and has let a construction contract pursuant to Minnesota Statutes, Chapter 429 and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 56 -2: Change Order Four. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Four. Aotion by Counoil: Endorsed— Modified. , Rejecte d_..._.__ ____ Date_ , AGENDA AGENDA REPORT i TEM /- /3 TO: City Manager FROM: Assistant City Engineer SUBJECT: Water District 8 Elevated Water Storage Tank,, Project 86-1 Existing Contract by Change Order 1 DATE: May 18, 1988 INTRODUCTION Attached is a change order request that extends the substantial completion date for the subject project from August 15, 1988 to September 19, 1988. There is no increase in project cost associated with this change order. BACKGROUND As described on the change order form, the increased time for completion is due to the delay by the city in obtaining property and easements necessary. The elevated tank is currently under construction. RECOMMENDATION It is recommended that the resolution approving the change order be adopted. jc 5EH ENGINEERS ■ ARCHITECTS ■ PLANNERS May 12, 1988 Mr. Bruce Irish, Assistant City Engineer City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Bruce: RE: MAPLEWOOD, MINNESOTA 0.5 MG ELEVATED TANK CITY PROJECT NO. 86 -15 SEH FILE NO: 87196 Enclosed are five (5) copies of Change Order No. 1 concerning the contract time change for the above referenced project. We recommend approval of this contract time change due to the delay in starting construction, which resulted from problems in obtaining the necessary easements. Please review and if approved by Council, return four (4) signed copies to us and retain one copy for your records. Sincerely, r th R. Meister / �, P.E. KRM /cih Enclosure SHORT ELLIOTT HENDRICKSON INC. 222EASTLITTLECANAOA ROAD, STPAUL, MINNESOTA 55117 612484 -0272 ST PAUL, MINNESOTA CHIPPEWA FALLS, WISCONSIN 's.13.,88 a national construction services organization May 2, 1988 Short Elliott Henerson, Inc. 222 East Little Canada Road St. Paul; MN 55117 Attention: Kenneth R. Meister i� x'7174 CBI Na-Con, Inc. 24137 111th Street Plainfield, Illinois 60544 815 436 9800 Telex 509774 Re: 500,000 Gallon Elevated Tank Maplewood, Minnesota Dear Mr. Meister: CBI Na -Con, Inc. requests a time extention for the elevated tank project in Maplewood. We request that the substantial completion be changed from August 15, 1988 to September 19, 1988 and the final completion to be changed to October 19, 1988. The original schedule required our foundation subcontractor, Tank Foundations, Inc., to install the foundation in March. On March 11, 1988 Tank Foundations informed me that he could not move in on March 14, 1988 to begin work on the foundation. The City of Maplewood had not obtained the necessary easements for the property to allow construction to begin. On April 18, 1988 you notified us that the easements had been obtained by the City of Maplewood and that CBI Na -Con could go to work on the Water Tower project. This resulted in a 35 day delay in our schedule as desribed above. Thank you for your attention. Very truly yours, Daniel D. North Contracting Engineer y� gg,�++ ,��vv pp DDN: clq R .�i 1 k i SHORT ELLIOTT 11 AY 0 4 1931, ST. PAUL' �r"EI�I ENGINEERS 0 ARCHITECTS ■ PLANNERS 222 EAST LITTLE CANADA ROAD, Sr PAUL, MINNESOTA 55117 6124840272 CHANGE ORDER OWNER City of Maplewood DATE 5 -4 -88 OWNERS PROJECT NO, 86-15 CHANGE ORDER NO. 1 PROJECT DESCRIPTION 0.5 MG Elevated Tank SEH FILE NO. 87196 The following changes shall be made to the contract documents Description: Article 3.1 - Contract Time, the first sentence shall be amended as follows: 3.1 The work will be substanitally completed on or before September 19, 1988 and completed and ready for final payment in accordance with Purpose RT - fig yMbL44.13 of the General Conditions on or before October 19, 1988 The Contract time change is necessary because the easements for the tank site had not been obtained. TR );. �.� ..... r . Basis of Cost: N/A ❑ Actual ❑ Estimated (till\( 1 ;; l J} Ir Attachments (list supporting documents) Contract Status Original Contract Net Change Prior C.O.'s N/A to Change this C.O. Revised Contract Time Cost 5427,010 -0- 427 ,010 Recommended for Short - Elliott - Hendrickson, Inc. By Agreed to by Contractor: B CBI Na -Con, Inc. Title Approved for Owner. z Distribution Contractor 2 Owner 1 Project Representative I :ST. PAUL SEH Office I SHORT ELLIOTT ST PAUL, CHIPPEWAI ALLS, HENDRICKSON INC. MINNESOTA WISCONSIN RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 86•••15 and has let a construction contract pursuant to Minnesota Statutes, Chapter 424, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project. 86 -15 Change Order 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 1. AGENDA NO, N -14 TO: Mayor and Councilmembers RE: Manager's Salary DATE: May 17, 1988 Action by Council:. Endorse Modifie Re,j ectecL.a.._. r Date This item was tabled at the previous meeting and has been rescheduled for tonight's meeting, Agenda Number / Action by Counoil:i Endorse Modifie Rejecte Date. AGENDA REPORT TO: City Manager FROM: Finance Director RE: Dental Insurance for Retirees DATE: May 12, 1988 Introduction Sergeant Joseph Zappa has requested that he be allowed to continue his group dental insurance when he retirees with the understanding that he would pay the full cost. A copy of his request is attached. Background On January 26, 1987 the City Council approved a resolution which allows certain employees to continue their health insurance when they retire. Qualified employees may continue their health insurance at their expense until they become eligible for Medicare. A copy of the resolution is attached. Current state and federal law provides that all employees upon retirement be allowed to continue their group dental insurance for 18 months. The City has a dental self - insurance plan that presently covers 86 employees and 48 families. Premium rates are $15.00 per month for single coverage and $39.50 per month for family coverage. Part of the premiums are paid for by the City. This self - insurance plan is administered by a third -party consultant. From a risk and financial management viewpoint, our consultant has recommended that the City not allow retirees to continue their dental insurance beyond 18 months for the following reasons: 1. Only individuals that expect their dental costs to exceed the premium would elect to continue their coverage. As a result, current employees and the City would pay higher premiums to cover retiree dental costs. 2. Dental health does not deteriorate with age like a person's general �yj th. Thus the need for dental insurance does not increase with 3. Major dental work costs are small compared to major health care costs. For example, the most expensive dental work would be an upper or lower bridge which costs about $550 on average. Another issue regarding dental insurance for retirees is the period that continuance would be allowed. The current policy on health insurance provides that .it can be continued only until the person is eligible for Medicare. However, Medicare does not cover dental costs. Alternatives 1. Allow retirees to continue this group dental insurance for an indefinite period under the same conditions that health insurance can be continued. 2. Allow retirees to continue their group dental insurance until age 65 under the same conditions that health insurance can be continued. 3. Do not allow retirees to continue their group dental insurance beyond the 18 month period currently required by state and federal law. Discussion The first alternative would not benefit the City in any way. The major disadvantage is that it would eventually increase dental premiums for the City and its current employees. Ultimately, over a period of years, it could destroy the City's dental plan if a large number of retirees with poor dental health continued their dental insurance for an indefinite period. The second alternative also would not benefit the City. The disadvantages are the same, but would be limited somewhat by not allowing dental coverage beyond age 65. The third alternative does not have any disadvantages for the City. The advantages are that it would keep dental premiums at the lowest level possible and would safeguard the plan against costs in excess of premiums for former employees. Recommendation The third alternative is recommended for the reasons indicated. Action Required City Council denial of the request to allow retirees to continue their group dental insurance beyond the period mandated by state and federal law. DFF /ch -0 RESOLUTION WHEREAS, the City of Maplewood presently offers its active employees group health insurance, and WHEREAS, certain employees have expressed an interest in continuing health insurance as part of the City's group after retirement, and WHEREAS, the City has no objection at this time to allowing retirees having a minimum of 20 years of service with Maplewood and being at least 55 years old to participate in the City's group health insurance at the retiree's cost, until Medicare is available, and WHEREAS, the City does not warrant, guarantee nor does it recognize any vested rights accruing to retirees that may participate in the City's group health insurance, and WHEREAS the City may from time to time change or eliminate the benefits available through the group health insurance, NOW, THEREFORE BE IT RESOLVED by the Maplewood, Minnesota City Council that retirees meeting the following conditions be allowed to participate in the City's health insurance group: 1) Request the group health insurance prior to retirement, this program is not available to individuals already retired or those that do not make a request prior to retirement. 2) Have attained the age of 55 years and been employed by the City for at least 20 years. 3) Sign a waiver stating the City can change or eliminate the program at its discretion and agreeing to pay all costs associated with the group health insurance provided. 0 A Itto rn- ui,.2 �j �Np�'( iii. J $�� `f• Ir car 7,.9�� "- C - z-�w p �k',cl r�,7, -/( �O fl 2 /Ln•//q� 2 " GtJ G�.� - `- �� Ja (f� �� Z.ug( / r- v I/ � '� - 2�cv./%�jQ 2- / /"'�i� - - /� - /,. ,V � .•. / / Q.�,.�. -�.P '�l.<•il el�G[e�,..�� t ( �f2 .t/� ! `. O c• 4' s. / �' E /.! "C X// � NBC �^"�`^^ ry �K L �' MEMORANDUM TO: FROM: SUBJECT: APPLICANT: DATE: Action by Council: Endorse 0odif1ad.��.~~~^�. Rejected ~,_.°~°�°� Dat City Manager Randy Johnson, Associate Planner Code Amendment--Shoreland Overlay District Committee for Affordable Senior Housing (CASH) April 27, 1988 The applicant is requesting an amendment to the shoreland ordinance to exempt nonwater-frontage developments that would not be visible from the lake from the height and density limitations" Rgakangund The applicant is proposing to construct a four-story, 86-unit apartment building for senior citizens" <Separate report") This building would be significantly screened from view from Beaver Lake by Beaver Lake Lutheran Church" The applicant had initially applied for variances from each of the subject requirements" Although the intent of the shoreland code can he complied with, the state law findings for a variance cannot be met" The requested code amendment is the only alternative to proceed with the proposed four-story building. Maximum building height: A building-height limitation is imposed on shoreland development to insure that the natural beauty of a protected water is not compromised. The proposed code would waive this requirement where a structure would be at least 80% screened from view from a public water. Molly Comeau, from the Department of Natural Resources (DNR) concurs that this amendment is justifiable" Minimum area per unit: This requirement is imposed primarily to safeguard against overuse of a public water. Its intent is to minimize the number of persons that would gain access to a lake through private docking facilities" The second purpose of this requirement is to insure an appropriate amount of open space on each development site as viewed from the protected water. The proposed amendment would waive this requirement for nonlake~fronta9e developments that would not have private docking facilities and which meet open space requirements" (At least four votes required for approval,) Approve the attached ordinance. REFERENCE Procedure 1" Planning commission recommendation 2" City council first reading and public hearing 3" City council second reading and adoption 4" DNR approval jl Attachment Proposed ordinance � ORDINANCE NO" AN ORDINANCE ALLOWING REDUCTIONS IN SHORELAND DISTRICT STANDARDS The Maplewood City Council hereby ordains as follows (language underlined is added) : Section 1. Section 36~566 (j) is amended as follows: (j) Reduction in development standards: (1] Where a shoreland property is: (a) separated from all protected waters by a principal or major arterial roadway, as defined by the Maplewood Land Use Plan, (b) the area does not drain directly to a protected water, and (c) the visual impact of the area from the lake surface is minimal, all applicable development standards may be reduced in restrictiveness by one protected waters classification. (i.e., Property subject to Class III standards may be subject to Class II development standards,) (2) MaXiMUm bUL1d.Lna_heiq reauirements in Section 36-566 (b) and (c) shall not kppj_y tSj_structures that would be al- least 807 screened from view from a prategted water. (3) Minimum area-per-unit reQUirements in Section 36-566 (c) shall not apply to develooments that are at least BOY screened from view from a orotected water. do not have Lr�ontaSLe or private docking facilities on a pnotected water and which comply with ijp2Rny.�ious surf-A Section 2. This ordinance shall take effect upon its passage and publication" Passed by the Maplewood City Council on v 1988" Attest: City Clerk Ayes-- Nays-^^ ] � 5-2-Bg Mayor and City Council City of Maplewood Steve Kayser 18520 23rd Ave. N" Plymouth MN 55447 Please place my name on the agenda for the May 23 meeting of the City ^ Council. I would like to request that the City of Maplewood make an offical determination as to which land owners are subject storm water assessments" These assessments are ones that result from the Stirling Ave, extension in south Maplewood. It has come to my attention that several landowners have not been included in this assessment even though their stormwater flows into this project" These landowners include home owners along Highwood and Linwood Avenues and new development SOUTH of Highwood. I also request that the City give prompt and offical notice to the entire affected area" Sincerely, � ~ on by CoUuC11: Eoduru$d�°.~._~~^~ 8nd1fiod-~~~"^^"°~� Dojo:ta8.~"°~^~~w"° Duto ^� ^ �� '° May 23, 1988 Regarding: Proposed group home to be located at 2281 Phylis Court. Speaking on behalf of concerned residents of Phylis Court: Leland E. Hix 17 734:2-- a ` �3 2297 Phylis Court 739—/ ' O During the past two weeks, it has come to our attention that the house at 2281 Phylis Court has been sold to Adapted Living Pro- grams, Inc. of St. Paul, and is being readied for residency by mentally handicapped individuals. We have in our possession, have read and obtained legal opinion regarding State Statute 245A. We understand that under the statute this is a permitted use for a single family residency home. We futher understand the desirability and benefits of group residen- tial homes. However, we are very concerned with the speed and secrecy sur- rounding this sale, the lack of information we have been able to obtain and the possible irregularities regarding adherence to certain sections of the statute. Based on conversations with the offices of U.S. Senators David Durenberger and Rudy Boschwitz, U.S. Representative Bruce Vento, State Senator Diessner and State Representative Price, we were advised to address these concerns to the Maplewood City Council. The facts, as we have determined them to date, are as follows: 1. The house is being sold to Adapted Living Programs, Inc. of St. Paul. — 2.The entire process is being done in a very secretive manner with the sellers being told not to tell anyone else. 3.The sellers mentioned that the house will be added on to. 4.The Fire Marshall has inspected the residence but was not aware it would be a group home or that an addition to the house was planned. 5.At the county level we have been told that because of the expensive nature of a building addition, the home could be used for an interim, short term "boarding house" residency. This is in direct conflict with item #3 above. 6.A license has already been issued to Adapted Living Programs, Inc. We have been unable to obtain information regarding the provisional or permanent nature of this license. 1 L 7.As we understand the Statute, Section 4, Subdivision 2 (p.6), the municipality would not necessarily be contacted or informed regarding this situation, and in fact we have been unable to find anyone at the city level familiar with this particular situation. 8.Edward Van Allen, county planner, has told us that residents would be in the home by June 2, 1988. His comment was "It is done." 9.The closing date for sale of the property is set for May 31, 1988. 10.No one from Adapted Living Programs, Inc., the City of Maplewood, Ramsey County or the State of Minnesota have attempted to contact the residents of Phylis Court to explain the program and its administration or how it may effect our neighborhood. To the contrary, we have been told instead "it is none of your business", "you are a bunch of bigots" and "the house will be better taken care of than any other house on the street." In addition, we have heard the following unsupported rumors and heresay: 1.The residents are coming from Greenbrier which is closing June 1, 1988. 2.There will be a 6 foot privacy fence built around the property, to the boulevard, in a neighborhood of no fences at present. 3.A building addition of two bedrooms onto an existing 4 bedroom home is planned in a neighborhood of typical 2 and 3 bedrooms homes. Futhermore, the major lack of information available to us is compounded by other serious concerns about the suitability of this site selection and the potential liability of the City of Maplewood. We strongly believe the following items directly effect the suitability of this location and the granting of a license. We also believe these concerns could not have been properly consid- ered within the short time since the signing of the purchase agreement on May 10, 1988. Suitability of Location 1.This is a cul-de-sac neighborhood with 14 homes, located off McKnight Road. McKnight Road is the only egress for this cul-de-sac. The house in question is the third house in from McKnight. 2 2t We have a total of 11 children. Ten are under the age of 10, with 7 being under 6 years of age. Excessive traffic onto and through this single street could pose major parental anxiety with the potential for accidents involving the children. 2.There are no street lights on or near the cul-de-sac resulting in a very dark street at night. 3.The fire department for this neighborhood is volunteer. We are concerned about the potential liability of the City of Maplewood and the consumers of this program in the case of a fire. 4.Located at the end of the cul-de-sac and with direct access is a pond. What would be the liability of the city and the neighborhood in the event of an accidential drowning of a group home resident? 5.The residence in question is a split entry home with only a single ground level exit. What plans are there to improve the ability of potentially disabled persons to evacuate the building in case of an emergency? 6.The above items are facts that need consideration by the desig- nated licensing authority under Section 4, Subdivision 6 (p.9) of the statute. Has this been done? Some of this information could only be obtained from current residents of the neighborhood and on-site inspections which should be public information. How can we obtain this record, if it has occured, to verify its content? 7.Community services, in terms of bus lines and shopping areas, may be limited for people with certain disabilities. If function- ing level of group home residents is extremely low, the safety issues are of paramount importance. Licensing 1.Have the proper licensing channels been followed? It has only been 2 weeks since the purchase agreement for this property has been signed. 2.Is this a provisional license? If not it may be in direct conflict with requirements set forth under Section 4, Subdivision 7 (p.10) of the statute. ..Has the City of Maplewood been requested to supply information reguarding this license, pursuant to Section 4, Subdivision 1 (p.6) of the statute? 4.What information is available regarding the past performance of Adapted Living Programs, Inc. to obtain a license? Where can we obtain this information in a non -confrontational manner? If Adapted Living Programs, Inc. is unwilling to discuss the situation at this point, what hope do we have for constructive 3 dialogue should problems arise in the future? We are extremely concerned that an absentee landlord may not be as responsive as homeowners living in the neighborhood. Adapted Living Programs, Inc. will not give us addresses of other programs so we can research for ourselves how other neighborhoods have been affected. 5.The issue of fire safety is of paramount concern as stated in Section 9, Subdivision 2, Clause 2 (p.17) of the statute. Property Values 1.0ur homes are our major investment and net worth. Many of us are the original homeowners and actually built portions of our homes. We are concerned what effect a group residence has on the property value and taxation rate of surrounding homes. We want to see the "studies/ statistics" that indicate no depreciation or drop in property values is expected. We have been unable to obtain this study. We feel the Maplewood City Council has the resources and the obligation to delay the sale and/ or occupancy of this residency until the neighborhood and the city have obtained answers to our concerns. 1.The city has the right and obligation to request in writing the status of operational residential programs per Section 4, Subdivi- sion 2 (p.6). 2.Building occupancy permits can be withheld by the city until all building codes and inspections have been complied with. We know there have been building modifications made by the sellers that may not have been performed with building permits or inspections. This responsibility falls directly within the juris- diction of the City of Maplewood. 3.What are the City's liabilities regarding the safety factors, both of the neighborhood and the residents? The city has the right and responsibility to be sure these factors are considered in this site selection. 4.Are procedures being short circuited pursuant to the require- ments of the statute such that the licensing procedure becomes "rubber-stamped" without sufficient investigation to determine suitability of the location and licensing? We believe, based on the speed and secrecy surrounding the sale of this property, that matters of quick availability and acceptable price are taking precedence over the safety of the residents of the program and the neighborhood. Who are the real beneficiaries of this program? 5.We feel the city can and should exert pressure on Adapted Living Programs, Inc. and county and/ or state licensing organizations to 51 communicate with neighborhood residents without hostility or blatant disregard. This neighborhood is extremely upset and has been forced to retain legal counsel in an effort to keep this from being a "slam-dunk" play. We want to be assured that our neighborhood will retain its single family, "non -dormitory" atmosphere. We ask you, as our duly elected officials to help us in this matter. Respectively submitted, Endorsed by, 31 -3 �� C C"" a 5