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Home My WebLink About1988 02-22 City Council PacketAGENDA (A) CALL TO ORDER (B) ROLL CALL C) AT 1. 2. 3. 4. 5. PROVAL OF MINUTES Meeting No. 87 Meeting, Novembi Meeting NO. 87 Meeting No. 87 Meeting No. 88 (D) APPROVAL OF AGENDA MAPLEWOOD CITY COUNCIL 7 :00 P.M., Monday, February 22, 1988 Municipal Administration Building Meeting 88 - 4 23 (October 26, 1987) ar 5, 1987 24 (November 9, 1987) 26 (November 23, 1987) 3 (February 8, 1988) (E) CONSENT AGENDA 1. Accounts Payable 2. Carryover of 1987 Appropriations 3. Budget Transfer 4. Request To Fill Vacancy - Park Maintenance I 5. Acceptance of Developer Project 84 -01 6. Beam Avenue Water Main, Project 84 -12, Change Order Four (F) PUBLIC HEARINGS 1. 7:00 P.M., Maplewood Highlands a. Plan Amendment (4 Votes b. Street Vacation c. Preliminary Plat d. Zone Change e. Feasibility Report 2. 7:10 P.M., Code Amendment: Private Garages (2nd Reading - 4 Votes) (G) AWARD OF BIDS (H) UNFINISHED BUSINESS 1. Variance - Steingraber, 2648 Minnehaha 2. Dege Garden Center a. Conditional Use Permit Renewal b. Initiation of Plan Amendment and Zone Change 3. Frost Avenue Striping (I) NEW BUSINESS 1. Expanded Hours Compost Site 2. 3. 4. 5. 6. Bus Route Addition Highway 120 Agreement County Road C - Approval of Preliminary Plat - Project Representation - Regional Transit Board Cave's Junek Park Addition - Final Plat (J) VISITOR PRESENTATIONS (R) COUNCIL PRESENTATIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. (L) ADMINISTRATIVE PRESENTATIONS (M) ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 26, 1987 Council Chambers, Municipal Building Meeting No. 87 - 23 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers and was called to order at 7:02 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Ch &rlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Parking Ban 2. Bikeways 3. Ramp - 694 and County Road D 4. Twins Parade - Add Item I -11 5. Ramsey County League Local Government 6. Maplewood vs. Naegele 7. Purchase of Furniture - Police Department - Add Item I -12 Seconded by Councilmember Anderson. Ayes - all. E. CONSENT AGENDA Councilmember Wasiluk move d . , seconded by Mavor Greavu. Aves - 1. Accounts Payable Approved the accounts (Part I, Fees, Services and Expenses check register dated October 15, 1987 through October 19, 1987 - $732,337.29: Part I1, Payroll dated October 16, 1987 - Gross amount of $138,319.81) as submitted. 2. Write off of Uncollectible Ambulance Bills for 1985. Approved the write off of $4,257.18 of uncollectible ambulance bills as submitted. 10/26 3. Time Extension: 1177 Century (East County Line Fire Department) Approved the renewal of the conditional use permit for one year at 1177 Century Avenue, subject to the original conditions. F. PUBLIC HEARINGS 1. 7100 P.M., Code Amendment: Planning Fees (2nd Reading) (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding an increase in planning fees. b. Acting Manager Haider presented the Staff report. c. Director of Community Development Olson presented the planning fees in detail. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 611A PLANNING FEES Section 1. Section 36 -26 of the Zoning Code of the City of Maplewood is hereby amended as Section 36 -26. Fees. The following nonrefundable application fees shall be required: *Zone Change $157.00 # Conditional Use Permit 157.00 Planned Unit Development 157.00 Comprehensive Plan Amendment 157.00 Variances: R -1 45.00 All other districts 89.00 # Vacations 50.00 Lot Divisions 33.00 for each lot created Preliminary Plat 157.00 Final Plat 33.00 * Home Occupation Permit 45.00 for the initial permit and ---18.00 for an annual renewal *This fee shall be increased by $12 for each affected property, to pay for the County's recording fee. Section 2. Section 36 -258 of the sign code is amended as follows: - 2 - 10/26 Sec. 36 -258. Fees. (1) A sign erection permit fee (except for billboards) shall be paid in accordance with the following schedule: Square Feet Fee 1 - 10 $12 11 - 25 17 26 - 50 28 51 - 100 67 over 100 122 (2) The fee for erection of billboards shall be $10.00 for the first five square feet, plus 520 for each additional square foot. (3) The annual license fee for billboards shall be $229. Section 3. This ordinance shall take effect on January 1, 1988. Seconded by Councilmember Wasiluk. Ayes - all. H. UNFINISHED BUSINESS 1. Code Amendment. Metal Pole buildings (2nd Reading) a. Director of Community Development Olson presented the Staff report. b. Commissioner Rossbach presented the Planning Commission recommendation. c. Councilmember Anderson introduced the following ordinance and moved its adoption: ORDINANCE NO. 612 AN ORDINANCE PERMITTING METAL POLE BUILDINGS IN M -1 DISTRICTS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 9 -6 (a), Metal pole buildings, is amended as follows: (a) It shall be unlawful to erect a metal building in the City which is of a design commonly referred to as a "metal pole building," "pole barn" or "agri - building," unless such building: 1. Would be located in a F. Farm Residence District or unless such building 2, is a metal storage building commonly used as a back yard storage shed, or 3. is located in an M -1, light manufacturing or M -2, heavy manufacturing district and is substantially screened so as to be 80% opaque as viewed from residentially -zoned land or streets. If the screening is removed or dies and is not replaced, the City Council may require removal of the build- ing. If the value of the building exceeds $25,000, the City - 3 - 10/26 Council shall allow at least a five -year amortization period. Should any dispute arise over the classification of a proposed metal building, the director of Community Development shall de- termine whether the proposed metal building fits into the "metal- pole building" category. Appeals of the Director's decision shall be made to the City Council for a determination of building type. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Bastian. Ayes - all. P. PUBLIC HEARINGS (Continued) 2. 7 :10 P.M., Preliminary Plat Revision - Cave's Nebraska 2nd Addition a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to revise Cave's Nebraska Addition preliminary plat to substitute two lots and an outlot for'the previously approved 12 lot Nevada Court cul de sac. b. Acting Manager Haider presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Rossbach presented the Planning Commission recommendation. e. Mayor Greavu called for proponents. The following were heard: Sam Cave, Cave and Sons, the developer f. Mayor Greavu called for opponents. , None were heard. g. Mayor Greavu closed the public hearing. h. Mayor Greavu moved to appro Cave's Nebraska Second Addition nrnliminnry 1. An easement shall be shown on Outlot A that includes the wetland area - at or below an elevation of 998 feet. 2. Submit evidence that the sanitary sewer easement will be centered on the existing pipe. 3. Approval of final grading and erosion control plans. A 12 -foot- wide driveway to each lot shall be shown on these plans. 4. The driveway to the south lot shall be located at least five feet from the south lot line and on the sanitary sewer easement. The driveway to the north lot shall be located five feet from the north line of the lot. This condition may be waived by the City if the Soil Conservation Service determines that this wetland is not needed for nutrient stripping. 5. Show a drainage easement over the wetland on Lots One and Two, except for the proposed driveways, or submit evidence from the Soil Conservation Service that this wetland is not needed for - 4 - 10/26 nutrient stripping. Seconded by Councilmember Juker. Ayes - all. 3. 7:20 P.M., Rezoning: 1716 Beaumont (Morris) (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Joseph L. Morris for a zone change from R -1 single dwelling residential to R -2, double dwelling residential so he can create a rental unit in his basement. b. Acting Manager Haider presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Rossbach presented the Planning Commission recommendation. e. Mr. Joseph Morris, the applicant, spoke on behalf of his proposal. f. Mayor Greavu called for proponents. None were heard. g. Mayor Greavu called for opponents. None were heard. h. Mayor Greavu introduced the following resolution and moved its adoption 87 - 10 - 198 WHEREAS, Joseph Louis Morris initiated a rezoning from R -1, single dwelling residential to R -2, double dwelling residential for the following - described property: Lots 26, 27 and the southerly 30 feet of Lot 28, Block'14, St. Aubin and Dion's Rice Street Addition. This property is also known as 1716 Beaumont Street, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by Mr. Joseph Louis Morris, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on October 5, 1987. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on October 26, 1987 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. - 5 - 10/26 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described rezoning be approved on the basis of the following find- ings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately . safeguarded. 3. The proposed change will serve the best interests and conveni- ences 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. 5. The rezoning is compatible with the neighborhood. 6. Over fifty percent of the surrounding land owners are in favor of the zone change. 7. There would not be an adverse impact on density in the neighbor- hood, since the area is presently underdeveloped according to the maximum density allowed in the Land Use Plan. Seconded by Councilmember Anderson. Ayes - Mayor'Greavu, Councilmembers Anderson, Bastian and Wasiluk Nays - Councilmember Juker. 7:30 P.M., Conditional Use Permit: 1779 McMenemy.Street (Mn. DOT) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Minnesota Department of Transportation for approval of a con- ditional use permit to construct a 56 x 160 foot metal pole building at 1779 McMenemy. b. Director of Community Development Olson presented the Staff report. c. Commissioner Rossbach presented the Planning Commission recommendation. d. Bruce Hanson Metro Area Superintendent, Mn. DOT, spoke on behalf of the proposal e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. 0 - 6 - 10/26 ...... g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its adoption: 87 - 10 - 199 WHEREAS, the Minnesota Department of Transportation (MN DOT) initiated a conditional use permit to construct a storage building within 350 feet of I a residential district at the following- described property: Subject to McMenemy Street, the south 378 feet of the east 1/2 of the northeast 1/4 of the southeast 1/4 of Section 18, In 29, Rn.22. This property is also known as 1779 McMenemy Street. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on October 5, 1987. The Planning Commission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on October 26, 1987. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD.CITY COUNCIL that the above - described conditional use permit be approved on the basis of the following findings -of -fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detri- mental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes,water pollution, water run -off, 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 - 10/26 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. i 10. The use would cause minimal adverse environmental effects.' Approval is subject to the following conditions: 1. Adherence to the site plan, dated August 14, 1987, unless a change is approved by the City's Community Design Review Board. 2. The type of building must conform to Section 9 -6 of City code, pertaining to metal buildings. Seconded by Councilmember Juker. Ayes - all. 5. 7:40 P.M., Maidment Terrace a. Preliminary Plat b. Rezoning 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Karl and Patricia Maidment for approval of a preliminary plat of five lots fronting on a cul de sac and one large remnant lot fronting on McKnight Road. Staff is recommending a rezoning from F -farm to R -1 single dwelling. 2. Director of Community Development Olson presented the Staff report. 3. Commissioner Rossbach presented the Planning Commission recommenda- tion. 4. Karl Maidment, 824 So. McKnight, the applicant, spoke on behalf of the proposal. 5. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following voiced their views: Charles Bruzzone, 2271 Dahl Patricia Sano, 2270 Dahl James Brown, 377 Dorland Road 1 6. Mayor Greavu closed the public hearing. 7. Mayor Greavu moved Alternate B for the preliminary plat Motion died for lack of a second. - 8 - 10/26 8. Councilmember Anderson moved to approve the preliminary plat with five lots on a cul de sac and one large remnant lot fronting on McKnight. Seconded by Councilmember Wasiluk. Ayes - Councilmembers Anderson, Bastian, Juker and Wasiluk Nays - Mayor Greavu. 9. Mayor Greavu introduced the following resolution and moved its adoption: 87 - 10 - 200 WHEREAS, the City of Maplewood initiated a rezoning from F, farm, to R -1, single dwelling, for the following - described property: The north 1/2 of the SW 1/4 of the NW 1/4 of the NW 1/4 of Section 13, Township 28, Range 22. This property is also known as 810 and 824 South McKnight Road, Maplewood: WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on October 5, 1987. The Planning Commission recommended to the City Council that said rezoning be approved., 3. The Maplewood City Council held a public hearing on October 26, 1987, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neigh- borhood, 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 comnunity,,where applciable 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. - 9 - 10/26 5. This rezoning will eliminate the potential of any farm - related use, such as the raising of livestock, causing a nuisance in this single - dwelling neighborhood. Seconded by Councilmember Anderson. Ayes - all. 6. 7:50 P.M., Kohlman Lake Overlook a. Street Vacation b. Preliminary Plat c. Rezoning d. Public Improvement Project 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Frank Frattalone for preliminary plat approval for 77 single dwelling lots, 40 lots to be in phase one, and to vacate a part of Beam Avenue. Staff is recommending rezoning of the proposed property plus 1193 and 1185 Beam Avenue from F -farm to R -1 Single dwelling and to initiate a public improvement project for Carey Heights Drive. 2. Director of Community Development Olson presented the Staff report. 3. Commissioner Roasbach presented the Planning Commission recommen- dation. 4. Frank Frattalone, the developer, spoke on behalf of the proposal 5. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Arthur Mahnke, 1210 Beam Avenue Paul Lofgren, 1200 Beam Jeff Botz, 1747 Onacrest Patrick Keene, 1190 Beam Talmadge Carey Don Christianson, 1111 E. County Road C Resident, 1184 Beam Marilyn Vera, 1140 Beam 6. Mayor Greavu closed the public hearing. 7. Councilmember Anderson introduced the following resolution and moved its Adoption: 87 -20 -201 'WHEREAS, Frank Frattalone initiated proceedings to vacate the public interest in the follo *vng described Beam Avenue right -of -way located in the northeast quarter of Section 4, Township 29, Range 22; 1. That portion of said right -of -way located west of the fol- lowing described line: beginning at a point on the south line of said quarter and 875 feet east of the west line of said quarter, thence northwesterly to a point on the north line of said right -of -way, 810 feet west of the west line of said quarter. - 10 - 10/26 s' 2. The north three feet of said right -of -way located east of the line describediA. description one and west of a line located five feet east of the east line of said quarter. 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 October 5, 1987. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on October 26, 1987, 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 recom- mendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above- described street right -of- way, public interest in the property will accrue to the following de- scribed abutting properties: The SW 1/4 of the NE 1/4, and the west 180 feet of the south 350 feet of the SE 1/4 of the NE 1/4, except the south 183 feet of the east 175 feet thereof. All in Section 4, Townshp 29 N, Range 22 W. NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above- described vacation on the basis of the following findings of fact: 1. In 1981, Council amended the comprehensive plan to eliminate the previously planned westerly extension of Beam Avenue to the northwest side of Kohlman Lake. 2. Construction of a street across the wetland area would be cost - prohibitive. 3. It is unlikely that the U.S. Corps of Engineers and the Department of Natural Resources would grant the permits necessary to construct a street through the wetland area. Seconded by Councilmember Juker. Ayes - all. 8. Councilmember Anderson moved BDDroval of the Kohlman T.nlra OvPrinnl a. 'A binding contract, acceptable to the City, must be signed to guarantee year - around access from County Road D over Carey Heights Drive until a permanent street is constructed. This contract must include a stipulation that snowplowing shall be accomplished with the same standards as required for City streets. A letter of credit may be required by the City to guarantee performance. The amount shall be determined by the Director of Public Works. - 11 - 10/26 As an alternative, a public street to County Road D must be guaranteed. b. The construction of Beam Avenue shall be guaranteed for Phase II. This guarantee must be a developer's agreement with the applicant or signing of construction contracts for a City project: Lot 28, Block Two, must be dropped from Phase 1. c. Outlot A shall be combined with the adjoining lot area if the Department of Natural Resources (DNR) has not approved J the canal d. If the proposed canal must be eliminated, the lots in Block Four adjacent to the "canal." may be reduced to 15,000 square feet of area. I£ an additional lot can be created, it may be added at the time of final platting. e. A recordable deed to transfer the title of Outlot B (dike and adjoining wetland) to the City shall be submitted. The - applicant shall arrange for the inspection of the dike by all affected local, state and federal authorities. Any de- ficiencies in the dike structure shall be corrected prior to final plat approval or be guaranteed by letter of credit. f. A drainage easement shall be shown on the lots adjacent to proposed Outlot B over property to be at or below 864.6 feet of elevation. All lots must have the minimum lot area outside of this easement. g. The southeasterly portion of Lot One, Block Three, may be designated as an outlot if the developer and the Vars reach an agreement to create a lot as shown on page 18. At least 60 feet of frontage shall be transferred. The future lot shall comply with all City codes. h. Recording of a resolution to vacate the north three feet of the Beam Avenue and the right -of -way south and west of pro- i posed Lot One, Block Three. i. The applicant shall construct a berm on the Var's property at 1140 Beam Avenue to screen their dwelling from Beam Avenue traffic, if there is enough room. This berming shall be as directed by the City Engineer. j. The common lot line for Lots 18 and 19, Block One, shall be shifted to the radial to the right -of -way line. k. Final grading, utility, drainage and.erosion control plans shall be approved by the City Engineer. These plans shall . include, but not be limited to, the following items: (1) The provision of temporary on -site storm water ponding, as directed by the City Engineer, until the storm sewer system is operational, - 12 - 10/26 (2) Grading of the drainage and utility easement between proposed Lots Six and Seven, Block Four, to accommodate maintenance trucks. (3) The proposed building pad locations and elevations shall be shown for each lot. All basement floors shall be at an elevation of 864.6 feet or greater. The ap- proved building pad elevations may be varied from, pro- vided the changes are not inconsistent with intent of the plan. (4) The sanitary sewer shall be located deep enough to ac- commodate as much of the property to the north as possible. (5) Grading of Carey Heights Drive, near County Road D, to an acceptable grade for emergency vehicles, as determined by the City Engineer. (6) All areas graded but not developed shall be seeded to prevent erosion. (7) Construction traffic shall travel to County Road D. 1. An "as- built" survey shall be submitted to locate the founda- tion of the model home and garage on proposed Lot Four, Block Two. All required minimum setbacks shall be complied with or the lot lines shall be adjusted accordingly. m. Rename proposed "Duluth Street" to, "Frank Street." n. Rename the portion of proposed "Beam Avenue" that is located northwest of proposed Lot 26, Block Two; to "Walter Street.: o. Rename "Carey Heights Drive" lying west of proposed "Duluth Street" to "Edward Street." p. Rename proposed "Duluth Court" to "Frank Court." q. Rename proposed "Lydia Court" to a name acceptable to the Public Safety Director. Comment: This street does not line up with any existing streets in the City. r. Submittal of a signed developer's agreement with required surety for all required public improvements, upgrading of the dike as necessary, construction of a berm on the Var's property (1140 Beam Avenue), erosion control and a temporary cul -de -sac at the end of Duluth Street. - 13 - 10/26 s. Provide an easement for the temporary cul-de-sac at the end of Duluth Street. t. The City must initiate a public improvement project to con- struct Carey Heights Drive north of the plat to County Road D. Seconded by Councilmember Juker. Ayes - all. 9. Mayor Greavu introduced the following resole adoption: (Rezoning) 87 - 10 - 202 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence, to R -1, single dwelling, for the following - described properties: ° 1. The SW 1/4 of the NE 1/4, and the west 180 feet of the south 350 feet of the SE 1/4 of the NE 1/4, except the south 183 feet of the east 175 feet thereof. All in Section 4, Township 29 N, Range 22 W. 2. East 100 feet of west 105 feet of south 183 feet of SE 1/4 of NE 1/4 (subject to roads and easements) in Section 4, Township 29, Range 22. Also known as 1185 Beam Avenue. 3. East 75 feet of south 150 feet of west 180 feet of south 350 feet of SE 1/4 of NE 1/4 (subject to roads and easements) of Section 4, Township 29, Range 22. Also known as 1193 Beam Avenue WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commis- sion on September 21, 1987. The Planning Commission recom- mended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on October 26, 1987 to consider this rezoning. Notice thereof was pub- lished and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. - 14 - 10/26 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 conveni- ences 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. 5. The proposed change would eliminate the potential of any nui- sance conditions that could result from farm - related uses, such as the raising of livestock, in a residential neighborhood. Seconded by Councilmember Juker. Ayes - all. 10. Mayor Greavu introduced the following resolution and moved its adoption: 87 - 10 - 203 WHEREAS, it is proposed to construct Carey Heights Drive from County Road D to the south as a public street with utilities and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recom- mended. Seconded by Councilmember Anderson. Ayes - all. G. A14ARD OF BIDS None. H. UNFINISHED BUSINESS (Continued) 2. Code Amendment: Lot Line Verification (2nd Reading) a. Acting Manager Haider presented the Staff report. b. Mayor Greavu introduced the following ordinance and moved its adoption; - 15 - 10/26 THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 9 -8 is added as follows: Section 9 -8. Verification of lot lines. Each building permit application for new construction of a principal building shall include a certified land survey by a registered land sur- veyor showing that permanent iron monuments have been placed at each lot corner. Iron monuments shall be visible at the time of footing form in- spection for all construction, including accessory buildings and additions. The City may waive all or part of this requirement if the City determines that stakes are not needed to determine whether the City's setback requirements are being met. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian. 3. Code Amendment: Driveway Turn - around (2nd Reading) a. Acting Manager Haider presented the Staff report. b. Councilmember Anderson introduced the following ordinance and moved its adoption: ORDINANCE NO. 614 AN ORDINANCE REQUIRING DRIVEWAY TURN - AROUNDS FOR ALL NEW HOMES ON ARTERIAL STREETS Section 1. Section 29 -90(e) is amended as follows: (e) A driveway turn- around must be constructed with each new home fronting on an arterial street, as designated in the City's Comprehensive Plan. (f) A variance from the standards set forth in this article may be allowed by the Public Works Department when the variance will facilitate the safe, efficient use of the property for a lawful purpose and will not interefere with the construction, maintenance or safe and efficient use of the street and its appurtenances by the public. Section 2. This ordinance shall take effect upon its passage and publi- cation. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker & Wasiluk Nay - Councilmember Bastian. - 16 - 10/26 a. Manager McGuire presented the Staff report. b. Mrs. Carolyn Peterson, 1999 Jackson, presented comments regarding the operations of the St. Paul Water Department at the Maplewood plant. c. Mayor Greavu moved first reading of an ordinance regulating mining extracting, and hauling from areas in the City. Seconded by Councilmember Juker. Ayes - all. 5. Representation, and /or Advisory Committee for St. Paul Water Board. a. Acting Manager Haider presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 87 - 10 - 204 Water Pumping and Treatment Plant owned by the St. Paul Board of Water Com- missioners and located in the City of Maplewood. WHEREAS, the water pumping and treatment plants operated by the St. Paul Board of Water Commissioners are located outside the city limits of St. Paul, specifically in the City of Maplewood; and WHEREAS, the operation of such plants have a great impact on the Cities where such plants are located, specifically impacting the City of Maplewood to the detri- ment of its citizens; and WHEREAS, the citizens of the impacted areas, such as the City of Maplewood are forced to suffer the burdens of the Water Plants operated by the St. Paul Board of water Commissioners, including loud noise, dust, and increased traffic due to the operation of such plants, without having any imput as to the operations of such plants. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL, for the above reasons, that: 1. The State legislature amend the governing statute, so that one member of the St. Paul Board of Water Commissioners be a resident of a muni- cipality which is effected by the operation of a facility operated by the St. Paul Board of Water Commissioners, and a non - resident of the City of St. Paul. 2. The St. Paul Board of Water Commissioners voluntarily consent and agree to proposed regulations and ordinances by neighboring munici- palities of St. Paul, which desire to regulate such plants for the health, safety and welfare of the neighboring municipalities, with- out impringing on the necessary functions of such plants. Seconded by Councilmember Wasiluk. Ayes - all. c. Councilmember Bastian moved to direct Staff to "work out" an advisory commit- tee with neighbors, staff, etc. - 17 - 10/26 Seconded by Mayor Greavu. I. NEW BUSINESS 1. RARE 11 - Dream House Ayes - all. Item deleted from Agenda. No one in attendance to make the presentation. 2. Initiate Code Amendment: Sign Height a. Mr. Ron Ringling spoke on behalf of Days Inn requesting the code amend- ment be initiated.. b. Mayor Greavu moved to initiate a code amendment regarding sign height. Seconded by Councilmember Juker. Ayes - all. 3. Para Transit Joint Powers Agreement a. Councilmember Wasiluk moved to approve a Para Tran joint powers Seconded by Councilmember Anderson. Ayes - all. 4.. Indemnification Limitations Ordinance (1st Reading) a. Councilmember Juker moved first reading of an ordinance providing for indemnification for City officers and emplovees. Seconded by Councilmember Anderson. Ayes - all. 5. Request from Dispute Resolution Center a. Robert Friedlander, Executive Director, Dispute Resolution Center, explained the services provided by his organization and requested Council to voluntarily contribute $250.00 to provide for administrative support for Maplewood. b. Councilmember Juker moved to table for further information. Seconded by Councilmember Anderson. Ayes - all. Councilmember Juker moved to extend the meeting past the deadline. i Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk. Nay — Councilmember Bastian. 6. Discussion of Walkout Basements a. Councilmember Anderson 10/6 Seconded by Councilmember Juker 7. Acquisition of Harvest Park Ayes - all. a. Mayor Greavu Seconded by Councilmember Wasiluk. Ayes - all. 8. Discussion of State Aid Streets a. Acting Manager Haider presented the Staff report. b. No action taken. 9. Resolution - John Hallman a. Mayor Greavu introduced the following resolution and moved its adoption: 87 - 10 - 205 Concerning water cash connection charges, installment payments of connection charges and hardship of John Hollman. WHEREAS, pursuant to Minn. Stat. §444.075 and Maplewood Code of Ordi- nances Section 35 -23, the City of Maplewood has authority to charge for connections to city water services and has the authority to allow install- ment payments for such connection charges; and WHEREAS, John Hollman, who resides at 2316 Stillwater Road, Maplewood, has requested to be connected to city water on Bush'Avenue; and WHEREAS, city water is not available on Stillwater Road; and. WHEREAS, John Hollman has obtained an easement across County property for such water services; and WHEREAS, John Hollman's well has been found to be unuseable in its present condition by experienced well contractors; and WHEREAS, John Hollman has represented to the City of Maplewood that the well cannot be repaired without exorbitant costs; and WHEREAS, no other source of water is readily available to John Hollman and his family; and WHEREAS, John Hollman has shown financial hardship, and is unable to pay cash for the connection to city water immediately upon connection to city water services. NOW, THEREFORE, be it resolved by the Maplewood City Council that: 19 - 10/26 The City Clerk shall certify to the County Auditor the amount of $2670.84 for the water cash connection charge for City of Maplewood water services, and also shall forward to the County Auditor the legal description of John Hollman's property which is: Lot 3, North one -half of Lot 3, Auditors Subdivision 77, according to the plat thereof and on file with the Ramsey County Recorder. Such connection charge shall be collected with the.property taxes be- ginning in 1988 and each subsequent year until 1990. Seconded by Councilmember Juker. Ayes - all. 10. Hardship Ordinance a. Council directed Staff to place on next agenda. 11." Twins Parade a. Councilmember Anderson wished the City of Maplewood employees have the opportunity to go to the Twins Parade. b. Acting Manager Haider stated he had checked with other cities and that the office would remain open and if an employee wanted to go they could take vacation. 12. Purchase of Table a. Mayor Greavu moved authorization for the purchase of a table to complete the fourth desk in the police department clerical area. Seconded by Councilmember Anderson. Ayes -,all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Parking Ban a. Councilmember Bastian requested Staff to review the overnight parking ban. 2. Bikeway a. Councilmember Bastian stated there is a biHeway plan down to Mary Anderson's Addition and one bikeway is quite steep and the residents feel it would be a hazard. It is located by Highpoint Avenue between Mailand and Londin Lane. b. Staff will investigate. - 20 - 10/26 3. Ramp - 694 and County Road D a. Councilmember Anderson requested Staff contact Mn. DOT regarding the ramp at 694 and County Road D. 4. Twins Parade Discussed under I -11. 5. Ramsey County League Local Government a. Councilmember Wasiluk stated she had attended the RCLLG Meeting and discussion was held regarding the location of the Ramsey County Library, Shoreview and New Brighton are lobbying for it to be located in their communities. She stated she will make Maplewood's views known. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT . Council adjourned the meeting at 10:50 P.M. to reconvene in closed session to meet with the City Attorney. City Clerk MINUTES OF MAPLEWOOD CITY COUNCIL 4:30 P.M., Thursday, November 5, 1987 Conference Room 110 A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in the Con- ference Room 110 and was called to order at 4:30 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. CANVASS OF ELECTION Mayor Greavu introduced the following resolution and moved its adoption: 87 - 11 - 205A RESOLVED that the City Council of the City of Maplewood, Ramsey County, Minnesota, acting as a canvassing board on November 5, 1987, hereby certifies the following results of the November 3, 1987, City General Election as follows: Councilmember - 4 Year Term Gary Bastian 1028 Donald Christianson 931 Dennis J. Larson 737 George F. Rossbach 1037 Tom Bartholomew 1 Albert T. Goins 1 CoVno.iliter:t fied Gary Bastian and George Rossbach as Councilmembers.elect. Seconded by Councilmember Anderson. D. ADJOURNMENT Ayes - all. 4:32 P.M. City Clerk MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, November 9, 1987 Council Chambers, Municipal Building Meeting No. 87 - 24 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:02 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 87 - 17 (August 24, 1987) Councilmember Wasiluk moved to approve the Minutes of Meeting No. 87 -17 (August 24, 1987) as submitted. Seconded by Councilmember Anderson. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. St. Paul Water Department 2. Share Housing 3. Community Identity 4. 3 -M 100th Celebration 5, Lakewood Drive - Letter 6. Para Transit - NEST Seconded by Councilmember Bastian. Ayes - all. t. CONSENT AGENDA Council removed Items E -2 and 4 to become Items I -8 and 9. Mayor Greavu the Consent 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses Check register dated 10 -28 -87 through November 02, 1987, $547,266.15: Part II, Payroll - dated October 30, 1987, gross amount $141,334.62) as submitted. 11/9 2. Policy on Filing Conciliation Court Claims for Ambulance Bills Discussed under Item I -8. 3. Project 84 -11, South Oaks 2nd Addition - Final Acceptance Resolution No. 87 11 - 206 WHEREAS, the City Council of Maplewood, Minnesota has heretofore entered into a contract for public improvement of the project described as City Project 84 -11, South Oaks Second Addition. WHEREAS, said project is certified as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that this project is complete and the utilities and streets hereby accepted as part of the public systems. 4. Budd Kolby 2nd Addition Discussed under Item I -9. 5. Fee for Maintenance of Comparable Worth Study Approved a budget transfer of $413.50 from the General Fund Contingency Account to cover the cost of the maintenance of Comparable Worth Study. 6. Suburban Rate Authority - Fees Approved a budget transfer of $860.00 from the General Fund Contingency Account to finance the increase in dues for the Suburban Rate Authority - Total dues for 1987 is $2,100.00. 7. Permit Fee for Noise Ordinance Adopted a fee of $25.00 for the Noise Ordinance Permit 8. Final Plat: Cave's Nebraska 2nd Addition. Approved Cave's Nebraska Second Addition final plat. 9. Certification of Election Results. Special meeting November 5, 1987. E -A APPOINTMENT I 1. HRA and HRC Appointment a. Manager McGuire presented the Staff report. b. Mr. John Prey, the applicant, answered questions from the Council. c. Councilmember Bastian moved to appoint Mr. John Prey to the HRC and to the HRA to serve as liaison between the two commission - 2 - 11/9 Seconded by Councilmember Juker. Ayes - all. F. PUBLIC HEARINGS None, G. AWARD OF BIDS 1. District No. 8 Water Tower Project 86 -15 a. Director of Public Works Haider presented the.Staff report. b. Councilmember Anderson intrQ42ged the fp lowi _resglution..and.:moved_,its adoption: 87 - 11 - 207 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of CBI- Nacon, Inc., in the amount of $427,010 is the lowest responsi- ble bid for the construction of District 8 Water Tower, Project 86 -15, and the Mayor and Clerk are hereby authorized and directed to enter into a con- tract with said bidder for and on behalf of the City. Seconded by Councilmember Bastian. Ayes - all. H. UNFINISHED BUSINESS 1. Code Amendment - Metal Storage Buildings a. Director of Community Development Olson presented the Staff report. b. Roxanne Hirsch, 1225 Frost Avenue, asked questions regarding the proposal c. Councilmember Anderson moved to table and refer to Staff for more information Seconded by Mayor Greavu. Ayes - all. 2. Request from Dispute Resolution Center a. City Attorney Kelly presented a legal opinion regarding a donation to the center. b. Elizabeth Stevens, representing the Dispute Center, presented a report. c. Councilmember Juker Seconded by Mayor Greavu. Ayes - all. NEW BUSINESS 1. Code Amendment: Swimming Pool Fences a. Director of Community Development Olson presented the Staff report. - 3 - 11/9 b. Mayor Greavu moved first reading of an ordinance updating the City's current ordinance to reflect current policy. Seconded by Councilmember Anderson. Ayes - all. 2. Health East Financing a. Manager McGuire presented the Staff report. b. Mary Ippel, bonding consultant, Briggs and Morgen, explained the proposal. c. Mayor Greavu introduced the following resolution and moved its adoption: 87 - 11 - 208 RESOLUTION AUTHORIZING EXECUTION OF DOCUMENTS IN CONNECTION WITH HEALTHEAST HEALTHCARE FINANCING PROPOSAL WHEREAS, pursuant to an Indenture of Trust dated December 1, 1983 (the "1983 Indenture "), between the City of Maplewood, Minnesota (the "City ") and First Trust Company, Inc., as Trustee, the City issued $37,485,000 aggregate principal amount of its Hospital Revenue Bonds (Health Resources Hospital Corporation), Series 1983 (the "1983 Bonds ") for the benefit of Health Resources Hospital Corporation (the "Corporation "); and WHEREAS, pursuant to an Indenture of Trust dated December 1, 1985 (the "1985 Indenture "), between the City and the Trustee, the City issued $24,995,000 aggregate principal amount of its Tender Option Hospital Re- funding Bonds, Series 1985 (Health Resources Hospital Corporation Project) (the "1985 Bonds ") for the benefit of the Corporation; and WHEREAS, on August 10, 1987, by Resolution No. 87 - 8 - 150, the City Council of the City approved a proposal from HealthEast that the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "BRA ") issue tax exempt bonds (the "HealthEast Bonds "), the proceeds of which would be used (i) to finance the acquisition or construction of (or reimburse HealthEast or an affiliate for payments made by it or any affiliate to ac- quire or construct) health care facilities including improvements to build - inga and equipment and other movable personal property to be acquired by HealthEast or an affiliate and located at, or used in connection with ex- isting facilities maintained and operated by HealthEast or an affiliate in the City of Saint Paul, Minnesota or the City of Maplewood, Minnesota; (ii) to refund the outstanding bonds issued by the HRA, the Port Authority of the City of Saint Paul or the City of Maplewood, including the 1983 Bonds and the 1985 Bonds; and (iii) to fund a reserve and pay certain costs of issuance of the bonds, including the discount; and WHEREAS, section 7- 1(1)(B)(ii) of the 1983 Indenture and section 8.02 of the 1985 Indenture did not contemplate or provide that securities might be held in a common escrow trust fund for the benefit of the 1983 Bonds and the 1985 Bonds; and - 4 - 11/9 WHEREAS, the City and the Corporation desire that the Trustee act as escrow agent with respect to both the 1983 Bonds and the 1985 Bonds, in addition to its capacities as trustee of the 1983 Bonds and 1985 Bonds, and that in such capacities, the Trustee hold various securities in trust for the benefit of the holders of the 1983 Bonds and 1985 Bonds; and WHEREAS, there have been presented to the City Council forms of a First Supplemental Bond Indenture with respect to the 1983 Bonds, First Supplemental Bond Indenture with respect to the 1985 Bonds, and form of Amended and Restated Escrow Trust Fund Agreement (hereinafter collectively referred to as the "Documents "), which have been reviewed by City Staff; and WHEREAS, the City and the Corporation desire to amend the 1983 Indenture and the 1985 Indenture to provide that the Trustee may hold such securities, on the terms and conditions specified in the Documents, and further desire to authorize execution of all documents on behalf of the City as may be o necessary to accomplish the refunding contemplated by the City's previous resolution NO. 87 - 8 - 150 of August 10, 1987. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maple- wood, Minnesota, as follows: The Mayor and City Clerk are authorized to execute the First Supplemental Bond Indenture with respect to the 1983 Bonds, First Supplemental Bond Indenture with respect to the 1985 Bonds, and Amended and Restated Escrow Trust Fund Agi'.:ement, in substantially the forms submitted to the City Couni i.l, and to execute such other documents as may be necessary ?:;,ri appro- priate, with such modifications thereof, deletions r. Y;crefrom, and additions thereto as may be necessary and appropriate and approved by bond counsel and the City Attorney as Counsel to the City. Seconded by Councilmember Anderson. Ayes - all. 3. Project 87 -41: Brooks Court Water Main Reconstruction a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adopt 87 - 11 - 209 WHEREAS, the existing public trunk water main extending southeast from Brooks Court is located upon private property without an easement and is improperly constructed so as to preclude proper maintenance. WHEREAS, the use of said trunk water main, which is essential for the public health and safety, is compromised by this situation. WHEREAS, said water main poses a threat to private property due to. its close proximity. - 5 - 11/9 WHEREAS, to expedite the correction of this situation, the department of public works has obtained a new easement on a different alignment, has prepared plans and specifications for a replacement trunk water main, and has received quotes for construction of the replacement water main. A low quote of $29,876.75 was received from Frattalone Excavating. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA, as follows: The Department of Public Works is authorized to award the contract for construction of 367 lineal feet of new water main and appurte- nances, described as City Project 87 -41, Brooks Court Water Main Reconstruction, to Frattalone Excavating under a declared emergency necessary to protect public health and safety and limit the City's liability for property damage. City Project 87 -41 is to be funded by a transfer of funds from the hydrant charge fund. The City at- torney is directed to pursue the recovery of costs for City Project 87 -41 from responsible parties of the original improper water main construction under City Project 81 -13. Seconded by Councilmember Juker. Ayes - all. 4. Ramp: 694 and County Road D a. Manager McGuire presented the Staff report. b. Councilmember Juker moved to instruct Staff to establish a meeting with MN DOT to discuss this item. Seconded by Councilmember Anderson. Ayes - all. 5. Hillcrest Sanitary Sewer Project 86 -22. Change Order No. 1 and 2 a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 87 _ 11 - 210 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 86 -22 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modi- fied and designated as Improvement Project 86 -22 Change Orders Nos. I and 2. 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 Orders Nos. 1 and 2. Seconded by Councilmember Anderson. Ayes - all. 6 - 11/9 6. Resolution; Taxation of Pension Income a. Manager McGuire presented the Staff report and stated there will be a meeting with Representative Vento, Friday, November 18, 1987, at 2:30 P.M. b. Mayor Greavu introduced the following resolution <and moved its adoption 87 - 11 - 211 WHEREAS, competent public employees and firefighters are needed to work for public agencies and state and local governments to serve the citizens I of Minnesota and local governments, such as the City of Maplewood; and WHEREAS, such competent public employees and volunteer firefighters have dedicated their employment to serving the public; and WHEREAS such public employees and volunteer firefighters were previously allowed to deduct the first $11,000 of their pension income from state income taxation, pursuant to Minn. Stat. §290.08, Subd. 26 (1986); and WHEREAS, such special benefit to public employees and volunteer fire- fighters directly benefited the health, safety and welfare of the public, by enticing competent people to work for governments and the citizens of Minnesota and municipalities such as the City of Maplewood; and. WHEREAS, the hiring and recruiting of competent and qualified public employees and volunteer firefighters to serve the 'public has been inhibited by repealing such exemption, pursuant to Minn. Laws, Chapter 268, Article 1, Section 127 (1987); and WHEREAS, the difficulty of hiring competent public employees and volunteer firefighters directly impacts the health, safety and welfare of the people of Minnesota and the citizens of the City of Maplewood, much to the detriment of society. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL: 1. That the Minnesota Legislature is urged to rescind Minnesota Law Chapter 268, Article 1, Section 127 (1987), inasmuch as it repeals Minn. Stat. §290.08, Subd. 26, concerning the exemption of pension income; and pass a new law in the 1988 Legislative Session, which would reinstate the exemption from state income taxation of the first $11,000 of pension income of volunteer firefighters and public employees pursuant to former Minn. Stat. §290.08, Subd. 26 (1986). Seconded by Councilmember Bastian. Ayes - all. 7. Report: Crestview Trail a. Manager McGuire presented the Staff report. b. Director of Parks and Recreation Odegard presented the report in detail. - 7 - 11/9 c. Several area residents expressed their opinions regarding the trail. d. Councilmember "Anderson moved to refer the matter to the Planning Commission and the Park and Recreation Commission. j Seconded by Councilmember Bastian. Ayes - all. �j 8. Policy on Filing Conciliation Court Claims for Ambulance Bills a. Councilmember Juker moved to adopt a policy that unpaid ambulance bill Seconded by Councilmember Anderson. Ayes all. 9. Budd Kolby 2nd Addition a. Councilmember Bastian moved to approve the Budd Kolbv Second Addition Final Plat. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS 1. MN. DOT a. Mr. Mike Martilla, representing Mn. DOT, requested approval of a metal pole building in M -1 District. b. Councilmember Bastian moved to suspend the Rules and Procedures and discuss H -1. Seconded by Councilmember Anderson. Ayes - all. c. Councilmember Bastian moved to reconsider the motion to table the ordi- nance regarding metal storage buildings Seconded by Councilmember Anderson. Ayes - all. d. Councilmember Bastian moved to waive the Rules of Procedures to discuss the ordinance on metal storage buildings. Seconded by Councilmember Anderson. Ayes - all. e. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 614 -A AN ORDINANCE REGULATING METAL STORAGE BUILDINGS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Sections 9 -6 (a) and (b), metal pole buildings, are amended as follows: - 8 11/9 Sec. 9 -6. Metal storage buildings. (a) It shall be unlawful to erect a metal storage building in the City which is of a design commonly referred to as a "pole barn" or "agri- building ", unless such building: 1, would be located in a F, farm residence district 2.. is a metal storage building commonly used as a back yard storage shed, or 3, is located in an M -1, light manufacturing or M -2, heavy - manufacturing district and is substantially screened so as to be 80% opaque as viewed from residentially -zoned land or streets. If the screening is removed or dies and is not replaced, the City Council may require removal of the build- ing. If the value of the building exceeds $25,000, the City Council shall allow at least a five -year amortization period. (b) Special architectural design and nonmetal decorative modifi- cations may be required by the City. Should any dispute arise over the classifcation of a proposed metal building, the Director of Community Development shall determine whether the proposed metal building fits into the "pole barn" category. Appeals of the Director's decision shall be made to the City Council for a determination of building type. i - Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Anderson. Ayes - all. 2. Ken Gervais, Castle Design Mr. Gervais introduced Ken Wallace, Highwood Park Development Corp. Mr. Wallace is building the home for KARE 11 to be given away during the Winter Carnival. Mr. Wallace spoke on behalf of the proposal. He stated the house will be located on Dahl Road in Maplewood. K. COUNCIL PRESENTATIONS 1. St. Paul Water Department a. Councilmember Bastian stated the St. Paul Water Department had added 6 to 8 feet onto their dikes; lining up their trucks on County Road B waiting until the gates open. There is supposed'to have been a letter sent to the area residents stating that the water department is not going to change their operations. he requested that Staff look into the concern of what impact on the water table will be realized from the increased water pressure. - 9 - 11/9 a. Councilmember Bastian instructed Staff to explore grants for the elderly. 3. Community Identity a. Councilmember Bastian commented on ways to promote Maplewood, perhaps sponsor various celebrations. 4. 3 -M 100th Celebration i a. Councilmember Anderson moved that a' resolution be forwarded to 3 -M for their 100th Celebration. Seconded by Councilmember Juker. Ayes - all. 5. Lakewood Drive - Letter a. Councilmember Anderson stated . he had 'received a letter from Mr. E. Dreawves, 1070 Lakewood Drive regarding the installation of sewer. b. Staff will investigate. 6. Para Transit a. Councilmember Wasiluk stated there would be a para transit meeting November 10, 1987, 7:00 P.M., at the Oakdale City hall. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 9:45 P.M. City Clerk - 10 - 11/9 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, November 23, 1987 Council Chambers, Municipal Building Meeting No. 87 - 26 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:02 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the A¢enda as amended: 1. Maplewood Dairy 2. Packets 3. Recognition Dinner 4. Manager's Meeting 5. Rolling Hills Park 6. Sidewalks 7. Roundup 8. Work Place Security 9. Water 10. Identity Seconded by Councilmember Bastian. Ayes- all. E. CONSENT AGENDA Council removed Items E -2 and 7 to become Items I -10 and 11. Mayor Greavu moved, seconded by Councilmember Anderson. Aves - 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses, Check register dated November 12, 1987 through November 13, 1987 - $207,326.65: Part II, Payroll dated 11- 13 -87, gross amount of $137,654.81) as recommended. 2. Personnel /Staff Services Coordinator Discussed as I -10. 11/23 3. Ramsey /Metro Appointment Appointed Warren Wallgren for a third term to the Ramsey /Washington Metro Watershed District. 4. Cable TV Lease Approved a lease with the Suburban Community Channel for office space in the amount of $7000 /year in cash and an additional sum of $2,280 in production services, and that the agreement can be cancelled by either party with a 30- day waiver notice. 5. Final Plat Revision: South Oaks - 2nd Reading Approved the minor corrections to the previously approved South Oaks 2nd Addition. 6." Time Extension: Tax Exempt Financing for Beaver Creek Apartments Resolution No. 87 - 11 - 212 RESOLUTION GRANTING AN EXTENSION 'REGARDING THE DISBURSEMENT DATE IN CONNECTION WITH A MULTIFAMILY RENTAL HOUSING DEVELOPMENT 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 acqui- t sition, 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 i 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 exten- sion 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 and from June 1, 1987 to December 1, 1987; (e) The Borrower has requested; pursuant to a Request for Extension attached as Exhibit A hereto, that Disbursement Date be extended by the City, as Issuer of the Bonds, from December 1, 1987 to June 1, 1988; and - 2 - 11/23 (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. 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 Decem- ber 1, 1987, to no later than June 1, 1988. ' 7. Acceptance of Bids - Police Cars Discussed under Item I -11. 8. Budget Transfer - Telephone System Approved a budget transfer from the Contingency Account in the amount of $1,485 to modify the City Hall phone system. 9. Report: Overnight Parking Approved the report regarding overnight parking. 10. Resolution: On -Sale and Off -Sale Intoxicating Liquor Licenses approval for 1988. Resolution No. 87 - 11 - 213 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On -Sale Liquor Licenses having been previously duly.issued by this Council, are hereby approved for renewal for one year, effective January 1, 1988, with approval granted herein subject to satisfac- tory results of required Police, Fire and Health inspections: Applebee's 2112 Maplewood Mall 3001 White Bear Avenue Bali Hai Restaurant 1820 White Bear Avenue Chalet Lounge & Restaurant 1820 Rice Street Dean's, Inc. 1986 Rice Street D. G. Burgers, Inc. 2441 Highway 61 Esteban's of Maplewood 3069 white Bear Avenue Fox & Hounds 1734 Adolphus Garrity's 1696 White Bear Avenue Gulden's 2999 N. Highway 61 Keller Clubhouse 2166 Maplewood Drive Keller Lake Lounge 2280 Maplewood Drive Laura Mae's 1745 E. Cope Avenue Maple Wheel 2220 White Bear Avenue Maplewood Bowl 1955 English Street - 3 - 11/ Nicky's Bar & Grill Red Lobster Restaurant #283 2515 White Bear Avenue 2925 White Bear Avenue Pasquale's Maplewood Red Rooster Liquor Lounge 3035 White Bear Avenue 2029 Woodlyn M. T. Pockets 70 E. County Road B Resolution No. 87 - 11 - 214 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following Off -Sale Liquor Licenses having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 1988, with approvals granted herein subject to satis- factory results of required Police, Fire and Health inspections: J & R Liquors Red Wagon Liquors 2730 Stillwater Road 2280 Maplewood Drive Leber's Liquors Sarrack's International Wine & Spirits 1730 Rice Street 2305 Stillwater Road Maplewood Wine Cellar Spark Liquors 1281 Frost Avenue 2515 White Bear Avenue Party Time Liquors 1730 Van Dyke E -A PRESENTATION OF FBI SAND PAINTING Mr. Thomas Hagen, 1844 Barclay, former Maplewood Deputy Chief of Police, presented an RBI Sand Painting and a plaque naming the Police personnel Who attended the FBI Academy. F. PUBLIC HEARINGS 1. 7:00 P.M., Code Amendment: Townhouses (1st Reading) a. Mayor Greavu convened the meeting for a public ksaring regarding a proposal to make the following changes to the requirements for townhouses: 1. Delete the minimum lot area requirements; 2. Revise the units per structure require- ments; 3. Delete the construction requirements. b. Manager Michael McGuire presented the Staff report. c. Director of Community Development Geoff Olson presented the specifics of the proposal d. Commissioner Albert Goins presented the Planning Commission recommendation. e. Mayor Greavu called for proponents. None were heard. - 4 - 11/'23 f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Bastian moved first reading of an ordinance revising the requirements for townhouse units. Seconded by Councilmember Anderson. Ayes - all. 2. 7:10 P.M., Code Amendment: Setback to Residential Zones (1st Reading) a. Mayor Greavu convened the meeting for a public hearing regarding a proposal to exempt multiple dwelling and nonresidential developments from having to provide a twenty -foot setback to residential zones, if such property is developed with or has a specific plan approved by the City for a nonresidential use. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Goins presented the Planning.Commission recommendation. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Don Bossard, representing the Salvation Army and the Cottages of Maplewood f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved 1_st reading of an ordinance relative to setbacks to Residential Zones. Seconded by Councilmember Wasiluk. Ayes - Councilmembers Bastian and Wasiluk Nays - Mayor Greavu, Councilmembers Anderson and Juker. Motion failed. 3. 7:20 P.M., SuperAmerica ( Uighway 36 and English) a. Plan Amendment b. Conditional Use Permit 1. Mayor Greavu convened the meeting for a public hearing regarding the request of SuperAmerica for a plan amendment and Conditional Use Permit to construct a gasoline service station and convenience store at the southeast corner of Highway 36 and English Street. 2. Manager McGuire presented the Staff report. 3. Commissioner Albert Goins presented the Planning Commission recom- mendation. - 5 - 11/23 4. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following voiced their opinions: George Kuprian, Attorney representing SuperAmerica Gary Gehrke, 1252 Cope Avenue Dan Sletton, 2220 English Resident at 2240 English Bobbie Hanson, 1384 Cope Avenue 5. Mayor Greavu closed the public hearing. 6. Councilmember Juker moved to deny the Plan Amendment based on the following reasons: a. The property can be developed under the LSC designation. b. Surrounding homes have been purchased relying on the current land use designation. c. Changing to a higher commercial classification would aggrevate the existing traffic congestion at HiO 36 and English Street. Seconded by Councilmember Anderson. Ayes - all. 7. Councilmember Bastian moved to table the request of Su erAmerica for a Conditional Use Pormit. Seconded by Councilmember Anderson. Ayes - all. G. AWARD OF BIDS None, H. UNFINISHED BUSINESS 1. Resolution of Intent: Organized Collection a. Colleen Halpine, Environmental Health Specialist, Ramsey County, spoke on behalf of organized collection. b'. Michael Hines, Gopher Disposal, also spoke. c. Mrs. Kathy Juenemann, Recycling /Solid Waste Committee Chairperson presented the details of organized collection. d. Councilmember Anderson introduced the following resolution and moved its adoption: 87 - 11 - 215 WHEREAS, the Metropolitan Council and Ramsey County Solid Waste Master Policy Plans call for rapid development of recycling and other forms of re- source recovery as replacement for landfills, and - 6 - 11/23 WHEREAS, the City of Maplewood wishes to investigate organized garbage collection, and compost and /or composting sites, and /or recycling for the ,benefit of the City and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is the intent of the City to study organized collection of solid waste and to investigate composting and /or recycling for the benefit of the citizens of the City of Maplewood. Seconded by Councilmember Wasiluk. Ayes - all. 2. Code Amendment: Swimming Pool Fences (2nd Reading) a. Manager McGuire presented the Staff report. b. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 615 AN ORDINANCE AMENDING THE SWIMMING POOL FENCE REQUIREMENTS THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 31 -5 (8) is hereby amended as follows: (8) All pools shall be surrounded with a nonclimbable or chain - link fence of at least four feet in height. This fence.must be set back at least four feet from the water surface, unless the required fence is at least six feet in height. The.walls of an above - ground pool may substitute for a fence, provided that the pool has a closeable gate. A fence surrounding a yard may also be used to meet this requirement.. Section 2. Section 31 - 15 is added as follows: Section 31 -15. Applicability. This chapter shall only apply to pools installed after October 21, 1971. Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Mayor Greavu. Ayes - a1.1. 3. Dispute Resolution Center a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to table this discussion until budget time in 1988 Seconded by Councilmember Bastian. Ayes - all. NEW BUSINESS 1. D.P. Project Status Report and Budget Adjustment a. Manager McGuire presented the Staff report. - 7 - 11/23 b. Councilmember Bastian changes totaling $16000 a General Fund to the C.I.P Seconded by Mayor Greavu. 2. Senior Citizen Services Ayes - all. a. Manager McGuire presented the Staff report. b. No action taken. 3. Hardship Ordinance - First Reading a. Manager McGuire presented the Staff report. b. Mayor Greavu moved first reading of an ordinance regarding, assessing cash connection charges for hardship cases. Seconded by Councilmember Anderson. Ayes - all. 4. Sewer Plan Amendment: County Road B and German Street (4 Votes) a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 87 - 11 - 216 WHEREAS, Sherman Boosalis Companies initiated an amendment to the sewer element of the Maplewood Comprehensive Plan to use the North St. Paul system, rather than the Maplewood system. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on November 2, 1987, to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All per- sons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on November 9, 1987. The Council considered reports and recom- mendations from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment for Phase II of the Parkview Terrace plat be approved on the basis of the following findings of fact: 1. The sanitary sewer at German Street and County Road B is too shallow to serve phase two of the plat. - 8 - 11/'23 2. North St. Paul has agreed to the change. Seconded by Councilmember Wasiluk. Ayes - all. 5. Final Plat: Parkway Terrace 2nd Addition a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to approve the Parkway Terrace Second Addition final plat of 19 lots. Seconded by Councilmember Anderson. Ayes - all. 6. Final Plat: Jefferson's 5th Addition a. Manager McGuire.presented the Staff report. b. Councilmember Anderson moved approval of the Jefferson's Fifth Seconded by Mayor Greavu. Ayes - all. 7. Final Plat: Jefferson's 6th Addition a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to approve the Jefferso Si Seconded by Councilmember Anderson. Ayes - all. 8. Request for Exemption from Paving Requirements: Kohlman Lake Overlook. a. Director of Public Works Haider presented the Staff report. b. Mayor Greavu moved to dllow the developer of Kohlman Lake Overinnk areas. Seconded by Councilmember Juker. Ayes - all. 9. Initiate Rezoning and Time Extension: Dege Garden Center a. Manager McGuire presented the Staff report. b. City Attorney Kelly presented a legal opinion of what the council is re- sponsible for. c. Mayor Greavu moved to table this item until the second meeting of December 12, 1987. Seconded by Councilmember Bastian. Ayes - all. - 9 - 11/23 10. Personnel /Staff Services Coordinator a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved authorization to hire a Personnel /Staff Services Coordinator effective January 1, 1988. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk. Nay - Councilmember Juker. i 11. Acceptance of Bids - Police Cars a. Manager McGuire presented the Staff report. b. Councilmember Juker stated that she wished to be informed when used police cars are to be sold. c. Councilmember Juker moved to accept the,hi h bids for the following vehicles: Unit 464 1985 Chevrolet Suburban $2,510.00 Unit 492 1952 Dodge 3/4 -Ton Truck $1,225.00 1952 Dodge 3/4 -Ton Truck (Sold With Above For Parts) Seconded by Mayor Greavu. Ayes - all. J. VISITOR PRESENTATIONS 1. Gary Gehrke, 1252 Cope Avenue a. Mr. Gehrke commented on, when a gas station goes out of business the tanks have to be removed. Keller Lake Station is empty, have the tanks been removed. b. Staff will investigate c. Mr. Gehrke commented on the flashing lights at Hejny Rental, is this permitted? Also the Maplewood racquet Club has flashing lights. d. Staff will investigate. K. COUNCIL PRESENTATIONS 1. Maplewood Dairy a. Councilmember Juker requested Staff to contact the actual owner of the property in back of Maplewood Dairy to clean up the area. b. Staff to investigate. - 10 - 11/23 2. Packets a. Councilmember Juker stated she has been missing items from the packet. Why are the items not in the packet when the packet is delivered? b. Staff to investigate. 3. Recognition Dinner a. Councilmember Juker wished to thank the City Clerk and her Secretary for organizing and taking charge of the recognition dinner. b. Council directed that a letter of appreciation for a job well done be placed in their personnel files. 4. Manager Meeting a. Councilmember Juker requested that a meeting with the Manager and Council be established. b'. November 30, 1987, Monday, at 5 :00 P.M. was established as the meeting date. 5. Rolling Bills Park a. Councilmember Juker questioned what the status of the Rolling Bills Park development is. b. Staff will investigate. 6. Sidewalks a. Councilmember Bastian stated the walking lane on Larpepteur Avenue by McKnight has been blocked. b. Council directed Staff to contact the County to review the area to see if the area cannot be upgraded by stripping, marking, etc. c. Council suggested there be an article in the MAPLEWOOD IN MOTION. 7. Roundup a. Councilmember Bastian requested all Council policies be collected and placed in a book form. 8. Work Place Security a. Councilmember Bastian requested sexual harassment policy, an Aids policy and drug abuse policy be reviewed and placed on next agenda. 9. Water Department a. Councilmember Bastian questioned where we are•with the water department regarding an advisory board, extract ordinance and legislation. b. Staff will investigate. - 11 - 11/23 10. Identity a. Councilmember Bastian stated Maplewood should be promoted, the City needs identity, perhaps pins, etc. Companies could be recognized if they are well kept up, awards given. The Mayor along with the Council to promote Maplewood to other communities. L. ADMINISTRATIVE PRESENTATION None. M. ADJOURNMENT 10:28 P.M. City Clerk - 12 - 11/23 i A. CALL TO ORDER MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday - February 8, 1988 Council Chambers, Municipal Building .Meeting No..88 - 3 A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Acting Mayor Anderson. B. ROLL CALL Norman G. Anderson, Acting Mayor Present John C. Greavu, Mayor Absent Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 88 -2 (January 25, 1988) Councilmember Juker moved to approve the Minutes of Meeting No 88 -2 (January 25 1988) as presented. Seconded by Councilmember Bastian. Ayes - all. D. APPROVAL OF AGENDA Acting Mayor Anderson moved to approve the Agenda as amended: 1. Medical Alley 2. N.S.P. 3. Emergency Preparedness 4. Recycling 5. Council Goals 6. Maplewood Recognition Seconded by Councilmember Bastian. Ayes - all. E -A PRESENTATIONS 1. Daffodil Days a. Mr. Art Meyer, 1889 E. County Road C, presented a Proclamation proclaiming March 17 through March 24, 1988, as: Richard Schaller and George Lundquist Memorial Daffodil Days b. Mr. Meyer requested Council sell daffodils on March 18 and 19 at Town and Country State Bank. c. Acting Mayor Anderson made the following proclamation: P- R- O- C- L- A- M- A- T -I-O -N WHEREAS, The survival rate for cancer is increasing steadily and there is growing hope today for the conquest of this disease, and WHEREAS, There is need for additional funds to hasten this conquest, through research, education and service and rehabilitation for those, living with cancer, and WHEREAS, The American Cancer Society has innumerable vital cancer research projects and its volunteers provide important and life- saving education programs to our citizens, and WHEREAS, The American Cancer Society's official symbol of hope in the fight against cancer, because of advances in cancer treatment and prevention, is the Daffodil, first flower of Spring, and WHEREAS, We are a Cancer Caring Community and cancer has claimed Rev. George Lundquist and Chief Richard Schaller, as well as many of our friends and neighbors, NOW, THEREFORE, We, William Sandberg and John Greavu, Mayors of the Cities of North St. Paul and Maplewood, do hereby proclaim: March 17 through March 24, 1988 as Richard Schaller and George Lundquist Memorial Daffodil Days ' and urge all residents to join with-all volunteers of the Maplewood - North St. Paul Cancer Society, to support this special. occasion by donating for daffodils. IN WITNESS WHEREOF, we have hereunto set our hands and caused the seals of the Cities of Maplewood and North St. Paul to be affixed, this 8th day of February, 1988. John Greavu, Mayor Maplewood William Sandberg, Mayor North St. Paul 2 Replacement of Canine a. Director of Public Safety Collins reviewed the past history of the Canine Program in Maplewood. Collins then introduced Police Officer Richard Lang and his Canine Ladde. Officer Lang and Ladde began working together May of 1977 and Ladde was retired as of December 31, 1987. - 2 - 2/8 i b. Acting Mayor Anderson presented Officer Lang and Ladde a plaque in apprecia- tdon of their valuable and dedicated services. E. CONSENT AGENDA Council removed Consent Items 3 and 6 to become Items 5 and 6 and removed Item E- ll;for a separate vote. Councilmember Bastian moved, seconded by Actine Mavor Anderson. Aves - al]. to 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses Check Register dated January 26, 1988, through January 28, 1988 - $91,974.86: Part II, Payroll pay period ending 1 -15 -88 - $152,071.45) as presented. 2. 1987 Tax Increment Transfers Authorized the following 1987 transfers from the Tax Increment Fund to the Public Improvement Projects Fund: $ 874,000 for Project 86 -03 (Water Tower) 28,400 for Project 85 -07 (Hudson Place) 3,000 for Project 85 -17 (Southlawn Avenue) 37,400 for Project 81 -20 (McKnight Road) $ 942,800 i 3. Budget change - Temporary Help Discussed as Item I -5 4. Renewal of Interceptor Maintenance Agreement for 1988 Approved the renewal of the MWCC Interceptor Maintenance Agreement as presented. 5. Transfer to Close Project 78 -24 Authorized the remaining balance of Project 78 -24 Beam Avenue Sewer fund to be transfrred to the Debt Service Fund for the 1983 Improvement Bonds. 6. Time Extension: Gervais Overlook Discussed under Item I -6 7. 1988 Fee Schedule For Reservation of Park Facilities I Approved the 1988 Fee Schedule for Reservation of Park Facilities as presented. 8. 1988 Park and Recreation Commission Activity Report. Accepted the Park and Recreation Commission Activity Plan for 1988. 9. Request to Fill Vacancy - Building Maintenance - 3 - 2/8 Approved the request to fill the building maintenance vacancy. 10, Budget Transfer - Street Department Approved a budget transfer of $21,445 within the street maintenance division to cover the construction costs of adding catch basins at Lydia and Furness, Forest Street and Dahl Court. 11. No Parking - McKnight Road Discussed after Consent Agenda items. 12. Dispatching Agreement - North St. Paul Approved the agreement for dispatching services with North St. Paul 13.; Arkwright Street, City Project 86 -12, Reduction of Retainage Resolution No. 88 - 2 11 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered the construction of Improvement Project 86 -12, Arkwright Street from Eldridge to County Road B and has entered into a contract with Lake Area Utility Contracting, Inc., for the construction of said improvement project. WHEREAS, the contractor has formally requested a reduction in the retainage.percentage. WHEREAS, the state of completion of this project is such that a reduc- tion in retainage from 5% to 1% of the work completed is not adverse to the interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD that reduction of retainage for City Project 86 -12 to 1% is hereby authorized. 14. Acceptance of Developer Project, City Project 87 -12 Resolution No. 88 - 2 - 12 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore entered into a contract for public improvements for City Project 87 -12 described as Lynnwood Terrace and WHEREAS, said project has been certified as completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the project is completed and the'utilities are hereby accepted as part of the distribution systems. 15. County Road C - West of Highway 61 - Water Main, City Project 86 -04 Change Orders and Final Acceptance. - 4 - 2/8 Resolution No. 88 - 2 - 13 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 86 -04 and has let a construction con- tract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 86 -04 Change Order One. 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 One. Resolution No. 88 - 2 - 14 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 86 -04 and has let a construction con- tract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 86 -04 Change Order Two. 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 Two. Resolution No. 88 - 2 - 15 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 86 -04, County Road C west of Highway 61 water main, and has let a construction contract, and WHEREAS, said project has been certified as completed. NOW', THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the project is completed and accepted and final payment on the construction contract is hereby authorized. 16. Cable Commission Annual Report Accepted the 1987 Ramsey /Washington Counties Suburban Cable Communications Commission Annual Report. 11. No Parking - McKnight Road Councilmember Bastian Seconded by Councilmember Juker. Ayes - all. - 5 - 2/8 t PUBLIC HEARINGS 1. 7:00 P.M., On -Sale Liquor License - Eugene A. Beaulieu a. Acting Mayor Anderson convened the meeting for a public hearing regarding the request of Eugene A. Beaulieu for an On -Sale Intoxicating Liquor License to he located at 2289 E. Minnehaha Avenue (formerly Chicone's) and to be known.as Beau's. b. Manager McGuire presented the Staff report. i c. Eugene Beaulieu, the applicant, stated he is the sole owner of Beau's. d. Acting Mayor Anderson called for proponents and opponents. None were heard. e. Acting Mayor Anderson closed the public hearing. f. Councilmember Bastian introduced the following resolution and moved its adoption: 88 -2 -16 NOTICE IS HEREBY GIVM,that pursuant to action by the City Council of the City'of Maplewood on February 8, 1988, an On -Sale Intoxicating Liquor License was approved for Eugene A. Beaulieu, dba Beau's, 2289 E. Minnehaha Avenue. The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilmember Rossbach. Ayes - all. g. Councilmember Joker moved to isntruct Staff to update the liquor license application. Seconded by Councilmember Anderson. Ayes - all. G. AWARD OF BIDS None. H. UN FINISHED BUSINESS None 1. NEW BUSINESS 1. Driveway Renewal: 3065 White Bear Avenue (Godfather's Pizza) a. Manager McGuire presented the staff report. b. Acting Mayor Anderson moved to deny the request for direct access to White Bear Avenue. - 6 - 2/8 i Seconded by Councilmember Juker. Ayes - all. 2. Code Amendment: Private Garages (1st Reading) a. Associate Planner Ekstrand presented the Staff report. b. Commissioner Ralph Sletton presented the Staff report. c. Councilmember Rossbach moved first reading of an ordinance regulating residential garages. Seconded by Acting Mayor Anderson. Ayes - all. 3. Hiring a Park Consultant a. Manager McGuire presented the Staff report. b. Director of Parks and Recreation Odegard explained in detail the proposal. Seconded by Councilmember Juker. Ayes - all. d. Council requested a representative of the Park and Recreation Commission make their presentation to the Council. 4. Sergeants' Contract a. Manager McGuire presented the Staff.report. b. Councilmember Anderson moved to approve the following terms for 1987 - 1988 for the Police Sergeants. Salary (Currently $2,882.00 per month) 1987 3.57 increase 1988 3.57 increase Clothing Allowance (Currently $300.00 per year) $50.00 per year increase effective 1 -1 -88 Deferred Compensation (Currently $40,00 /month) Increase $10.00 per month effective 1 -1 -88 Holiday Add Martin Luther King's Birthday effective 1 -1 -87 - 7 - 2/8 Increase from 2 hour minimum to 3 hour minimum - effective 1 -1 -88 Paramedic Sergeants ONLY Call -Back Two -hour minimum for first call back, one -hour minimum thereafter* Stand -by 1/4 Hour pay for each hour of stand -bye` *The total hours of pay for call -back and stand -by shall not exceed total hours in shift. Seconded by Councilmember Juker Ayes - all. 5. Budget change - Temporary Help a. Manager McGuire presented the Staff report. b. Acting Mayor Anderson moved authorization to hire a temporary employee --- -- --- ° -- F - f. ; Seconded by Councilmember Rossbach. Ayes - Acting Mayor Anderson, Council- - members Juker and Rossbach Nays - Councilmember Bastian. 6. Time Extension: Gervais Overlook a. Councilmember Bastian expressed his concerns regarding this property. (Annexation, Wetlands, etc.) b. Don Nelson, purchaser, spoke on behalf of the proposal. c. Councilmember Bastian moved to approve a one -vear time extension for the Seconded by Acting Mayor Anderson. Ayes - Acting Mayor Anderson, Council- members Bastian and Rossbach Nay - Councilmember Juker. d. Councilmember Bastian moved to instruct Staff to investigate cash connec- tion charges from Little Canada. Seconded by Acting Mayor Anderson. Ayes - all. J. VISITOR PRESENTATIONS None. - 8 - 2/8 " .. COUNCIL PRSENTATIONS 1. Medical Alley a. Councilmember Bastian questioned in what way the City can promote medical type development around the hospital. b. Councilmember Bastian Seconded by Acting Mayor Anderson. Ayes - All. 2. N.S.P. a. Councilmember bastian stated that NSP cannot provide complete dates of when outages occur. b. Councilmember Bastian stated that because power outages can affect the Seconded by Acting Mayor Anderson. Ayes -- all. 3. Emergency Preparedness a. Councilmember Bastian moved that the Manager b other communities are structured pertaining to the ganization. Seconded by Acting Mayor Anderson. Ayes - all. 4. Recycling a. Councilmember Juker inquired as to what is happening with the Recycling Committee. b. Staff stated the Committee is waitng for a reply from the rubbish haulers. c. Council directed Staff to contact Mn. DOT regarding a compost site at the end of Highway 5. 5. Council Goals a. Acting Mayor Anderson stated he felt that the Council should set "Goals" as to how the City should progress. L. ADMINISTRATIVE PRESENTATION None. A . 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CQ t I :I�H 3 W W W O ¢ X r Y N r 0 ]] i i r > > > j > > 3 x H LON [n trxi>, o In o 0 0 o o o H co T O n m O P O P P P V P r a cn m W i I E-I N N, U Q m P o N 44 to CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 1 -29 -88 CHECK # 2019 - # 2166 EMPLOYEE NAME GROSS PAY McGUIRE, MICHAEL $ 2,330.59 BEHM, LOIS 852.25 JAHN, DAVID 671.32 CUDE, LARRY 242.40 ZUERCHER, JOHN 157.60 OSTER, ANDREA 7P9.69 FAUST, DANIEL 1,846.28 TAYLOR, LINDA 897.P3 MATHEYS, ALANA 1,120.57 VIGNALO, DELORES 852.25 ANDERSON, CAROLE 1,146.46 AURELIUS, LUCILLE 1,705.48 SELVOG, BETTY 217.00 SCHADT, JEANNE 769.03 HOSCHKA, GERMAINE 371.85 KELSEY, CONNIE 374.99 VIETOR, LORRAINE 726.65 HENSLEY, PATRICIA 449.79 CARLE, JEANETTE 607.45 GREEN, PHYLLIS 929.05 COLLINS, KENNETH 1,917.48 RICHIE, CAROLE 706.65 SVENDSON, JOANNE 908.30 NELSON, ROBERT 1,675.88 DOLAN, RITA 249.20 OMATH, JOY 720.25 MARTINSON, CAROL 686.65 ZAPPA, JOSEPH 1,455.26 STILL, VERNON 1,372.96 SKALMAN, DONALD 1,424.20 NELSON, CAROL 1,733.75 MORELLI, RAYMOND 1,594.60 STEFFEN, SCOTT 1,656.21 ARNOLD, DAVID 1,589.96 BANICK, JOHN 1,323.08 BOHL, JOHN 1,346.92 CAHANES, ANTHONY 1,675.88 CLAUSON, DALE 1,424.20 MOESCHTER, RICHARD 1,499.26 PELTIER, WILLIAM 1,455.26 SZCZEPANSKI, THOMAS 1,158.28 WELCHLIN, CABOT 1,124.68 LANG, RICHARD 1,406.35 PALMA, STEVEN 879,88 HERBERT, MICHAEL 1,371.88 PAYROLL CHECKS EMPLOYEE NAME DREGER, RICHARD MEEHAN JR, JAMES E. STAFNE, GREGORY BECKER, RONALD HALWEG, KEVIN STOCKTON, DERRELL 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 ELIAS, JAMES PECK, DENNIS PRIEBE, WILLIAM IRISH, BRUCE GESSELE, JAMES CITY OF MAPLEWOOD ISSUED FOR PAY PERIOD ENDING 1 -29 -88 CHECK #2019 - # 2166 GROSS PAY 1,515.88 1,308.68 1,674.40 1,371.88 1,967.12 1,372.96 502.48 1,471.03 1,398.16 1,572.10 1,405.48 1,398.16 1,810.94 1,396.68 1,578.28 1,510.70 1,653.16 1,431.88 1,256.68 993.73 978.01 921.99 823.78 1,477.62 996.41 978.01 971.29 1,795.08 901.05 412.59 1,332.02 1,637.44 1,445.82 1,419.66 1,043.98 1,464.29 1,052.66 1,391.92 1,408.49 1,497.66 1,270.37 1,314.99 1,331.29 1,342.46 1,652.70 PAYROLL CHECKS EMPLOYEE NAME GEISSLER, WALTER LOFGREN, JOHN ODEGARD, ROBERT BRENNER, LOIS KRUMMEL, BARBARA STAPLES, PAULINE WILLIAMS, MATTHEW TRAVERS, DANIEL ANDERSON, RONALD LINDORFF, DENNIS HELEY, ROLAND MARUSKA, MARK SWANSON, LYLE BURKE, MYLES GERMAIN, DAVID THURIK, SCOTT STARK, RICHARD STRAUS, LAURA VARLAND, SUSAN LIBERTY, MICHAEL SHELDON, LEO HANNEGAN, ANDREA KOEGEL, RICHARD WYATT, KATHLEEN COLLINS, ANDREA WALLACE, JON WARD, ROY PODPESKAR, KIMBERLY MICKELSON, LISA TAUBMAN, DOUGLAS CLEAVELAND, KATHERINE YORKOVICH, SUSAN BESETH JR, RONALD FISCHER, PATRICIA HECK, STACY ADAMS, NIKKI FIRM, RACHEL GREW, JANET CONNERS, KIM HORSNELL, JUDITH HUTCHINSON, ANN BARTA, MARIE DOHERTY, KATHLEEN OLSON, GEOFFREY LIVINGSTON, JOYCE CITY OF MAPLEWOOD ISSUED FOR PAY PERIOD ENDING 1 -29 -88 CHECK # 2019 - # 2166 GROSS PAY $ 1,203.45 944.53 1,723.08 868.25 359.72 1,367.26 317.50 96.75 1,144.20 1,360.94 1,072.48 1,735.45 931.65 1,225.14 1,363.21 52.20 75.65 50.55 18.00 116.00 103.90 125.00 58.80 69.30 36.75 122.20 406.40 126.50 18.00 1,056.86 71.40 18.00 92.00 84.00 18.00 30.00 80.00 892.25 254.05 446.12 348.12 693.05 827.45 1,701.48 222.10 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 1 -29 -88 CHECK # 2019 - # 2166 EMPLOYEE NAME GROSS PAY EKSTRAND, THOMAS $ 1,073.76 JOHNSON, RANDALL 1,140.80 OSTROM, MARJORIE 1,186.06 CARVER, NICHOLAS 1,059.45 WENGER, ROBERT 1,181.85 NADEAU, EDWARD 1,228.91 MULWEE, GEORGE 1,198.50 NUTESON, LAVERNE 1,609.45 BREHEIM, ROGER 1,228.67 EDSON, DAVID 1,385.32 OWEN, GERALD 138.70 MULVANEY, DENNIS 1,161.85 SPREIGL, GEORGE 861.85 147,189.82 Agenda Numbe Action by Counoi.hu Endorse Modifie Rejecte Date AGENDA REPORT TO: City Manager FROM: Finance Director leonl� RE: Carryover of 1987 Appropriations to 1988 DATE: -February 11, 1988 It has been past practice to permit the carryover from one year to the next of unspent monies for specific purposes. This involves reductions in the 1987 Budget and corresponding increases in the 1988 Budget. Department heads have requested the following carryovers: Department Amount Account Code For City Council: $ 870 01- 4120 -01 Recognition pins, plaques, etc. 1,735 01- 4630 -01 Chairs and tables for Council Chambers Police Civil Service Commission: 100 01- 4120 -05 Testing supplies (see exhibit A) 1,530 01- 4480 -05 Testing fees (see exhibit A) Emergency Services: 300 01- 4430 -12 Moving warning siren from the St. Paul Pistol Range (see exhibit B) Miscellaneous: 3,200 01- 4490 -19 Data processing consultant to provide assistance implementing new computer system 21,120 13- 4630 -00 Remaining costs for new computer system City Clerk: 3,000 01- 4120 -34 Election supplies 600 01- 4640 -34 Telephone for the deaf Department Amount Account Code For Public Safety: $ 1,600 01- 4630 -41 Filing cabinets 6,500 01- 4150 -42 Semi - automatic weapons (see exhibit C) 4,500 01- 4640 -42 Semi - automatic weapons 400 01- 4600 -43 Paramedic program equipment - $400 is the amount of private donations received for this purpose. Community Development: 1,670 01- 4810 -72 Consultant to study why Maplewood's property taxes are high despite the good tax base. 47,125 All of these budget carryovers require Council approval. DFF /ch DIVISION 5 — CIVIL SERVICE 01 -05 -4120 — Program Supplies 01 -05 -4480 — Fees For Service EXHIBIT A There is a balance of $1,632 left in the 1987 budget in the above two accounts. We request that we be allowed to carry over the entire amount. In 1987, we had very little activity in the Police Civil Service Commission account. During 1988, we will be testing for the position of Police Officer. We also anticipate testing for the position of Sergeant, as our current list is about to expire. The additional money from 1987 is needed to complete this testing. Of our 1988 budgeted amount, 85% will be expended by our Police Officer testing. EXHIBIT MEMORANDUM TO: Director of Finance Dan Faust FROM: Director of Emergency Services Larry J. Cude DATE: February 8, 1988 RE: 1987 Budget Carryover Regarding your memorandum dated February 1 1987, I am requesting a budget carryover from the following account: - Account 4430, Repair & Maintenance /Equipment. I request that the remainder of this account, $300.00, be carried over to the 1988 budget to facilitate moving the siren and pole from the St. Paul Pistol Range at 2621 Linwood Avenue. The cost of moving this siren is approximately $800.00. The reason for moving this siren and pole is to give better access to the equipment for repair and maintenance. The St. Paul Police do not want to have us coming and going in and out of the pistol range, and in the past have made it very difficult for us and any repair personnel to gain access. LJC:ajo DIVISION 42 — POLICE SERVICES 01- 4150 -42 — Range We have a balance of $6,526.26 in the range budget. EXHIBIT C The handguns that our police officers currently carry are showing signs of stress due to age and wear. Unanticipated replacements are going to have to be made. As we look at making some replacements, we are also exploring the possibility of upgrading from revolvers to semi — automatic weapons. Recent publications have pointed out that the criminal element is purchasing handguns that give them greater fire power. New semi— automatic weapons allow a person to carry up to 58 rounds of ammunition with two clips and the gun fully loaded, while our officers presently carry 18 rounds of ammunition. An incident in St. Paul this past summer almost proved disastrous. An officer who was involved in a shoot out found himself in a position with his ammunition gone and the criminal in possession of a semi— automatic handgun with ammunition left. Fortunately for the officer, he had scored a solid hit before running out of ammunition. The St. Paul Police Department has since purchased semi— automatic weapons for all of their officers. The trend of Twin City Metropolitan area police departments, as well as out —of —state departments is to equip their officers with semi — automatic weapons to permit them to match the fire power of the criminal element. We request that we be permitted to carry over $6,500 to explore the purchase of the new —type handguns. Several manufacturers of semi — automatic weapons have currently been offering their guns at significantly reduced prices to police departments that are making these conversions. 01- 4640 -42 — Equipment, Other We have a balance of $4,680.95 in the equipment fund. We request that we be permitted to carry over $4,500 to be used in conjunc— tion with the $6,500 we requested to be carried over from 4150 -42 to purchase new handguns. Agenda Number 4!� -- 13 Action by Counon: Endorsed— . __ Modif i ed— Re j ected —. -__ Date..._---- . -__,_ AGENDA REPORT TO: City Manager 9( FROM: Finance Director RE: Budget Transfer - Office Supplies DATE: February 12, 1988 Finance Department office supplies expense for 1987 was $2,100 higher than anticipated in the 1987 Budget. Approximately half of this overage was caused by the need to purchase payroll and accounts payable checks for the new computer system. The other half of the overage was due to greater needs than anticipated. It is requested that the City Council approve a $2,100 transfer from the General Fund contingency account to Finance Department office supplies budget. DFF /ch Action by Council, :: MEMORANDUM Endorsed—„_- 0 To: Michael A. McGuire, City Manager Modieied_., -__ From: Robert D. Odegard, Director of Parks & Recreatio Rejected.�__ Subj: Request To Fill Vacancy Date.__.— Date: February 10, 1988 Introduction On February 9, 1988, our Park Maintenance Person I requested a transfer to City Hall Building Maintenance. It is requested that the City Council approve the hiring of a new Park Maintenance Person I for the Parks and Recreation Department. Background With the continued growth in recreational facilities, it is of upmost importance that we hire a new Park Maintenance Person I as quickly as possible. Budget Since this will be an entrance level position, there will be no impact on the budget. Recommendation It is requested that the City Council approve the posting, advertising and hiring of a Park Maintenance Person I for the Parks and Recreation Department. c: City Clerk � ` < r Aotluq by 0oouu10 ` Endorse @bd1flo 8oJauto Date MEMORANDUM TO: City Manager FROM: W. M. Geissler, Engineering Technician SUBJECT: Acceptance of Developer Project--Project 84~01 DATE: February 8, 1980 Project 84~01, Granada Addition, has been certified as complete in accordance with approved plans and specifications and has satisfied the engineering department's requirements. It is recommended that the council pass the attached resolution which certifies as complete and accepts the public streets and utilities constructed under this project for maintenance and ownership" jc RESOLUTION ACCEPTING UTILITIES FROM DEVELOPER WHEREAS, the City Council of Maplewood, Minnesota has heretofore entered into a contract for public improvements for City Project 84-01 described as Granada Addition, and WHEREAS, said project has been certified as completed" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the project is completed and the utilities are hereby accepted as part of the distribution systems, AGENDA ITEM AGENDA REPORT Action by Counall.1 TO: City Manager Endorse FROM Assistant City Engineer Modifie SUBJECT: Beam Avenue Water Main -- Change Order Fa_r RoJecte DATE: `February 16, 1988 D te— INTRODUCTION The contractor for City Project 84 -12, Terra Fiuilders,Inc., has submitted to the project engineer, Short-El liott- Hendrickson, Inc., documentation in support of the referenced change order. After conferring with city staff, the project engineer has recommended approval of Change Order Four in the amount of :9,761.49. BACKGROUND This is the final change order to be submitted for this project, except for a recapitulation of final quantities in comparison with the original contract amounts. The original contract amount was for $167,475. Change Orders One, Two and Three have previously been approved in the amounts of $21,060, $26,693.59 and $6,104.65, respectively. Approval of Change Order Four will make the aggregate change order amount $63,619.73 or 38% of the original contract amount. The majority of the cost items under Change Order Four relate to the unfortunate difficulties associated with the attempted use of existing casing pipes under Highway 61. These existing casing pipes were installed under Project. 78 -24, which was also engineered by Short Inc. Two augured casing pipe crossings attempted by the contractor under Project 78 -24 were abandoned since they did not meet grade for the sanitary sewer. Although the use of one of these abandoned existing casing pipes for the water main crossing was good in concept, it is disappointing that the curved alignment of these existing casing pipe was not either recorded or foreseen to conflict with the required water main size. Several of the items comprising Change Order Four are due to omissions from the original contract for necessary work items to be performed by the contractor in conjunction with the St. Paul Water Utility work for excavation and backfill to install air relief valves and water services in the amounts of $1 and $1,724.75, respectively, should have properly been included in the original contract documents. RECOMMENDATION The existing Beam Avenue be modified by acceptance $9,761"49. water main contract is recommended to of Change Order Four in the amount of jc .� DIRECTINr3 MODIFICATION RESOLUTION OF EXISTINB CONSTRUCTION CONTRACT WHEREAS the City Council of Maplewood Minnesota has heretofore ordered made Improvement Project �84~12 and has let a ccynstruction 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 (34-12 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. TO: FROM: SUBJECT: LOCATION: APPLICANT/OWNER: PROJECT: DATE: SUMMARY co I- Staff is recommending the amendment of the major street plan t h 0 nrznuous minor collector street between Carver and Hi h o s ow (page 12)^ n 9 wood Avenues 2 � , The applicant is requesting preliminary plat approval t single-dwelling lots, o create 47 3" A portion of Sterling Street along the east property line i b i requested for vacation, because the slope is too steep t build e »9 street grade. (Refer to the map on page 14") o u a safe 4, Staff is recommending a rezoning of the site from F farm t R 1 single dwelling, to eliminate the possibility of f � v o ^- v nuisance uses, such as the raising of livestock" any arm~re7ated This plat would have larger lots and is planned to be developed with $200,000+ homes" The main concern is coordinating the i i ope w Plat with the necessary public improvements Four ie ifm ng of the street and utility improvements should b e ^ s 9n 1cant o++-site development is permitted to be final l ar t guaranteed before this p ed. These improvements are: l "The upgrading of Sterling Street to minimum street standards b t rhi s site and Carver Avenue, r s e ween 2. Resolving the ski-jump property storm-water pond issue" 3. Looping the water main north to Marnie Street or Highwood Avenue" 4" Construction of Lakewood Drive in Gonyea's Oak Heights Additi t the west property line" (Refer to the Public Works comments for on o information about Items One through Four A di omme» s more s'�»tative, they expect to begi n construction t " According to a Gonyea repre~ of this street next year.) � � ~� ��-10n � -~ �u��oiI* \ /\ � Endorsed � ~~_� � Mnd1flo -~~`_.~.°°~ - Naot* ---� ^y MEMORANDUM City Manager Associate Planner--Johnson Amendment of the Major Street Plan, Street Vacatio Preliminary Plat and Rezoning (F to R-1) nv South of Pleasant View Park Maplewood Highlands Development Corporation Maplewood Highlands Addition February 2, 1988 SUMMARY co I- Staff is recommending the amendment of the major street plan t h 0 nrznuous minor collector street between Carver and Hi h o s ow (page 12)^ n 9 wood Avenues 2 � , The applicant is requesting preliminary plat approval t single-dwelling lots, o create 47 3" A portion of Sterling Street along the east property line i b i requested for vacation, because the slope is too steep t build e »9 street grade. (Refer to the map on page 14") o u a safe 4, Staff is recommending a rezoning of the site from F farm t R 1 single dwelling, to eliminate the possibility of f � v o ^- v nuisance uses, such as the raising of livestock" any arm~re7ated This plat would have larger lots and is planned to be developed with $200,000+ homes" The main concern is coordinating the i i ope w Plat with the necessary public improvements Four ie ifm ng of the street and utility improvements should b e ^ s 9n 1cant o++-site development is permitted to be final l ar t guaranteed before this p ed. These improvements are: l "The upgrading of Sterling Street to minimum street standards b t rhi s site and Carver Avenue, r s e ween 2. Resolving the ski-jump property storm-water pond issue" 3. Looping the water main north to Marnie Street or Highwood Avenue" 4" Construction of Lakewood Drive in Gonyea's Oak Heights Additi t the west property line" (Refer to the Public Works comments for on o information about Items One through Four A di omme» s more s'�»tative, they expect to begi n construction t " According to a Gonyea repre~ of this street next year.) Minor Collector Street Designation: The major street element of the comprehensive plan should be amended to show a continuous minor collector street between Carver and Highwood Avenues, Lakewood Drive to the west of this site (Gonyea Addition) and Sterling Street to the south are each designated as minor collector streets (page 12). The applicant's proposed east/west street would connect those streets" Collector streets are generally designed to accommodate through-traffic Since this route will be the only street connection between Carver and " Hi9hwood Avenues within this neighborhood, it will function as a collector street. Designation would require 30 mile-per-hour curves" 1" Approve the resolution on page 17 to amend the major street element of the comprehensive plan to show an east/west minor collector street across this site to connect with proposed Lakewood Drive to the west and Sterling Street to the south. Approval is on the basis that the minor collector designation is desirable to ensure that this street corridor is designed to safely accommodate the future traffic circulation needs in this area. 2" Approve the resolution on page 20 vacating Sterling Street along the east boundary of this site, subject to the following conditions-, a^ The ski-jump property storm-water pond issue must be resolved If the city is to purchase the property, th� east half of the " right-of-way shall not be turned back to the ski club property until the purchase is completed. b. A feasibility study must be accepted by council for the future alignment of Sterling Street, south to Carver Avenue" (The legal description may be different than presently shown on the plat See Condition C. of the plat recommendations") " c^ If a trail is to be constructed within any portion of this ri9ht-of-way, a legal description must be prepared by the applicant to retain the appropriate area(s) for trail use. (See Condition F of the plat recommendations") " d" If the looping of the water main north to Marnie Street will cross any portion of this right-o+-way, a 30-foot-wide utility easement shall be retained. The legal description shall be provided by the applicant, based upon an approved utility plan. 3. Approve the Maplewood Highlands preliminary plat subject to the following conditions being satisfied before final a' l pprova : N a, Construction contracts having been signed for a stormwater improvement project, based on the ski-jump property stormwater feasibility study. The city council may waive this requirement if the feasibility study shows that the additional volume of water from this plat will not have an adverse effect on the ski-jump property. b. The plat shall be revised, as necessary, to conform with the approved location for Sterling Street, based on a feasibility study to determine the location. c" Construction of Lakewood Drive (Gonyea's Oak Heights plat) having been guaranteed to the west property line of this site" d" Show a 120-foot-diameter cul-de-sac bulb at the end of Crestview Drive" The location must be approved by the city engineer. e, The plat shall be revised as necessary to show a "pedestrian way" at least ten feet wide in the vicinity of the east property line for a trail access to Pleasant View Park" The trail may have to be located outside of the Sterling Street right-of-way to design a safe trail grade due to the steep slope" The city shall design this trail and decide whether it can be cost-effectively constructed. If it is to be constructed, the applicant is to construct it to city standards and be reimbursed his costs from PAC funds. The amount of reimbursement shall be agreed to when the developer's agreement is signed" f" The location of each of the Williams Brothers pipelines within 100 feet of the site shall be located by land survey (including depth below grade)" A confinement easement shall be obtained from Williams Brothers, and it shall be shown on the plat. Q" The cul-de-sac bulbs for proposed Mary and Snowshoe Courts shall be shifted to be symmetrical or, if to be asymmetrical, the ri9hts~of-way shall be modified so that the curb radius between the bulb and the return is not less than 50 feet, h. The north line of Lot 9, Block One, shall be revised to be perpendicular to the Crestview Drive right-of-way^ i^ The streets shall be renamed as follows: (l) "Mary Court'/ to "Mary Place» (2) n Bartelmy Court" to nMarnie Court'/ (3) "Crestview Drive" to "Crestview Court'' (4) "Lakewood Driven to ' Drive Ii , The two pine trees located near the east line of the site shall be accurately located" As far as practical, the proposed rights-of-way shall be located so as to protect these trees. The cedar/juniper trees in the southwest portion of the site shall also be located" If they could be lost during construction, they shall be relocated elsewhere on the site, if relocation could be 3 successful. This determination shall be made by a forester similar specialist" or I.... City engineer approval of final tility, erosion control and drainage plans" These plans shall includ but t b limited to, the following: �, no e (l) Im surface area from Block Three shall b diverted to the street" e (2) The location and species of all trees four inches or more in diameter shall be shown on the grading plan Those trees to be saved shall be designated on this plan and in the field. All of these trees to be lost sha' l be replaced, not to exceed ten trees per acre. (3) The drainage easement proposed in the northeast corner of the site shall be revised, if necessary, to conform with the storm water ponding plans approved for the ski-jump property (Condition A^)" (4) These plans shall address the concerns raised by the Soil Conservation Service in their letter dated December 23 1987. (5) Include a pipe from the o it n-s e pond to the ski-jump pond. l^ Submission of a signed developer's agreement and required surety for all on_site public improvements any tree relocati replanting and construction of a trunk water main to the norton or This agreement shall also: ` »^ (1) State the specifications and cost reimbursements to the applicant for the construction of the trail (Condition an (::l ) d the parking lot/cul-de~sac bulb (Condition M"2") ^ (2) Include construction of a 15+ car parking lot on the park � property at the end of Crestview ~ desi9n the parkin lot. Drive (Court). The city hall parking lot and b 9 o " The developer shall construct the be reimbursed for his costs from PAC funds The ope'� amount of reimbursement shall be agreed to in the developer's agreement. (3) Include a pipe and acquire an easement from the on- d to the ski-jump pond, � e pon (4) Include a trunk water main from the plat to Marnie Street. A 30 " 00 t - wide easement shall by shown on the plat" " (5) Upgrading the existing Sterling Street to Carver Av temporary street, enue as a � M. Recordable deed restrictions to be recorded to run with the title of the affected parcels, shall be submitted to the city al with the appropriate recording fees to: along (l) Require that all of the runoff from the roofs and driveways for the homes to be'huilt on Lots l ~ 13 Block Three, to be diverted to Schadt Drive" The restriction shall also state that rain gutters and acceptable s ite grading shall be employed and maintained for the life of each property, as required by the city engineer he city engineer shall review the grading and sodd� ^ng ' plans for each lot prior to the issuance ance of a building permit, (2) Prohibit the construction of a dwelling within 100 feet of the Williams Brother? pipeline" (The lots that appear to be affected are Lots 19 - 21, Block Two and Lot 13, Block Three.) The developer shall also notify the purchasers of the pipeline location" o" Lakewood (Schadt) Drive shall be designed as a minor colle t street" c or P. Delete Outlot A in favor of the proposed drain extend the abutting lot lines through this area. age easement and 4 , Approve the resolution on page 18 to rezone the entire t f F, farm residence, to R-1, single-dwelling use. re s e rom � CITIZEN COMMENTS Ten persons who own property within.350 feet of this site were asked their opinion of the proposal. Of the five respondents, four are opposed, and one had no comment. Those opposed raised the following concerns: 1" The increase in runoff to our property (Ski Club) may interfere with our ability to use our property as intended" An engineering study is needed to determine how the runoff can be handled so that there is no increase in drainage onto our property" Staff comment: A feasibility study was ordered last June to evaluate the storm water issues that concern this area. Final plat approval is recommended to be withheld until the study is completed and the impact from the applicant's property is known" 2" I'd rather this site be as it is now—beautiful and wild" We suggest that this area be set aside as a deer reserve. Staff comment: This site is not planned for use as a public park or open space. Unless it is purchased by the public, the applicant has the right to develop it for its planned use—single-dwelling homes. The parks director states that the present acreage of Pleasant View Park is adequate to serve its planned function as a "neighborhood park/". 3. Dust control to date has been minimal if at all (other area developments)" Too heavily populated. Staff comment: Dust control is a requirement of development The city engineer has been notified of this complaint and asked to look into it for any remedial action that should be required for next year's construction. Regarding the concern for too many people, this site is proposed at a density of only 667 of that allowable" The proposed average lot size of 19,426 square feet is also nearly twice as large as the city's 10,000~square-foot minimum required lot area" 4" See the attached letter on page 16" The respondent is opposed to the construction of Sterling Street between the applicant's site and Carver Avenue" He would like to see this site used for park or open space. Staff comment: The upgrading of Sterling Street to standards is needed to provide an adequate level of emergency service to the applicant's site. A feasibility study is needed to determine the most appropriate location for the street" These issues are recommended to be resolved before final plat approval. R REFERENCE Gross area: 24"76 acres Existing land use: undeveloped Existing easements: Possible blanket easement for Williams Brother s Pipeline. A survey to locate the pipes and any easements of record w ill be required. The east 33 feet of this site contains a semi roadway (Sterling Street)--gravel north of the St. Paul Ski Jump and substandard asphalt roadway to the south° North: Pleasant View Park East: St. Paul Ski Club South: Undeveloped land, West: Proposed Gonyea/s 6-8~87: planned for R-1 residential low density use Oak Heights development of single-dwelling lots Council approved Gonyea/s Oak Heights preliminary plat for a 76-lot single-dwelling development that adjoins the applicant's west property line. This plat will result in two streets being stubbed to the applicant's west line (page ]3). These street stubs cannot be improved until Lakewood Drive is constructed through to Highwood Avenue. A steep slope runs along the south boundary of the site The grade of this slope ranges from about 19 percent to 26 percent" " Field grasses sumac, and three freestanding cedar/juniper trees are the predominant v vegetation along the slope. The length of the slope is 200+ feet and ' or more its width exceeds 500 feet" Therefore it qualifies f - r development requirements under the environmental protec ordinance. There is only one significant stand of trees f ` uz»u»ce" s over our inches in diameter on this site. This stand �islocated east of proposed Mary oak re Court. It consists of a few k t are two large mature freestanding es and several aspen/birch. .ere located near proposed Mary pine trees on the site. Both are Court. There are few trees four inches or more in diameter located where grading will remove trees. Section 9~^191 (Environmental Protection Ordinance) contains the following provisions: 7 "(2) (c) No development, whether or not in direct drainage to a protected water, shall be permitted on land having an existing slope in excess of 12 percent, unless the applicant proves the following conditions are met: 1 (Not applicable") 2. The proposed development presents no danger of falling rock mud, sediment from erosion, uprooted trees or other materials to � structures downhill. 3" (Not applicable.) 4. The city engineer may require the developer to provide a soils en9ineer to certify the stability of potentially unstable slopes,'/ »(3) (d) A development shall be located to minimize the removal of vegetation and alteration of the natural topography." o(5) (a) Development shall be designed to preserve the maximum number f healthy trees" This requirement shall not apply to diseased trees or o 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." (Comment: See environmental summary") 1. Land use plan designation: RL, residential low density 2. Zoning: F, farm residence 3° Permitted density: 14 people/net acre 4" Proposed density: 9"2 people/net acre (20.96 net acres) 5. Compliance with the plan: The definition of a minor collector street is (page 15-7 of the Plan)- " designed to distribute traffic from the major- collectors and/or arterials to the local system and conversely it "collects" traffic from the local system and channels it into the higher roadway systems" Land access and local traffic movement within the various neighborhoods and areas moderate level of service." are provided with a 6^ 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 it ' , v of a majority of the owners of ' and abutting motion or on petition public grounds, ublic way or ' t a tzn9 on the street, alley � , par thereof to be vacated � - �� " No such vacation shall b the public t d be made unless it appears in the interest of c o o so after a hearing preceded by two weeks published and posted notice." b" City code: Section 36~485 requires four findings for approval of a rezoning. Refer to the resolution on page 18° Workq 1. Sterling Street, north of Carver Avenue, (page 13) needs to be upgraded before the proposed dwellings are occupied. The present street surface is significantly below design standards" Sterling Street is needed to provide adequate traffic circulation and emergency vehicle access to the applicant's site" No right-of-way exists south of the applicant's site. A feasibility study is needed to determine the best location" Evaluation of different alignment possibilities is recommended because of possible unassessibility or limited assessibility of adjoining property due to the Williams Brothers pipelines, steep slopes and 1-494 right-of-way. � 2. On June 22, 1987, council ordered a feasibility study to address th e large storm water pond planned for the St" Paul Ski Club jump site That study is underway and should be completed by mid-winter" The majority of this site drains to that proposed pond. Development of this site should not proceed until this issue is resolved" Ponding on proposed Out/ ot A may not be needed, depending how the storm water is proposed to bed d and outletted" pon e 3" The cit water distribution plan calls for a trunk water main to r from this property north along the Sterling Street right-of-way to u» Hi9hwood Avenue. The property to the east may be difficult to assess if a city project, because of steep slopes and availability of water to » these parcels from other sources. 4" This property will be served by the water tower to be constructed north of Linwood Avenue" Construction is scheduled to be completed b y September 15, 1988" Homes should not be occupied on this site un til r he tower is on line to insure adequate fire fighting water pressure 5. Runoff from the rooftops and driveways of the homes to be built south of proposed Lakewood Drive should not be permitted to flow down the slope, at least during the first few years of the development Significant erosion potential exists due to the length d t" a» the slope. Gutters should be mandatory and the slope or ths steepness of should be toward the street" � driveways Qrks 1. A parking lot is planned for Pleasant View Park at the north end of Proposed Crestview Drive" Construction should be completed while this Plat is under construction to avoid disrupting the neighborhood at a later date" The question is where should the parking lot be located and how should it be related to the location of a cul bulb to insure snow plows will be able to turn around? The plat may need to be revised to accommodate these e mprovements" V, 2" The trail 'plan (page 15) shows an off-street trail along the Sterli Street corridor between Pleasant View Park and Carver Avenue An ng ° engineering study needs to be done to determine whether a trail can be constructed across or along the steep slope. lf it can be he parks director wants to pursue it" The plat may then need to be revised the to show a walkway corridor outside of the Sterling Street right-of-way to construct a safe trail grade" j I. Land Use Plan Map (existing) 2^ Land Use Plan Map (possible amendment) 3" Property Line/Zoning Map 4^ Preliminary Plat (8 1/2 x 11) 5" Trail Plan 6, Letter from Mr" Paczkowski 7. Resolution (street plan amendment) S. Resolution (rezoning) 9" Resolution (street vacation) 10" SCS Report 11" Preliminary Plat (separate enclosure) 10 HIGHWOOD NEIGHBORHOOD LAND USE PLAN . (EXISTING) 11 Attachment 1 19 -27 e 1 � Linwood _ a N Hlghwood= mayor collector RL m�n0r ooUe -T-1 R L C m 1nor ProPosad MaPlawood E r .�� Highlands Subdivia- (� cdllec r nector Ir t lnor Co 1 i Carver 1 t: llect f 9 4/ REVISED I LJ 6 -27 -87 O �+ m 10 -28 -87 Y w o 0 r C 1 MO EN O School Search Area 1/2 Mlle Radius I I RL - Residential Low Density OS - Open Space P Park HIGHWOOD NEIGHBORHOOD LAND USE PLAN (PROPOSED AMENDMENT) 12 Attachment 2 19 -27 [ m II 0 fi m <' T 4 C tJ . o 0 1 MO EN O School Search Area 1/2 Mlle Radius I I RL - Residential Low Density OS - Open Space P Park HIGHWOOD NEIGHBORHOOD LAND USE PLAN (PROPOSED AMENDMENT) 12 Attachment 2 19 -27 [ m II PROPERTY LINE / ZONING MAP 13 Attachment 3 Existing Bicycle Route (on street) �• -- Existing Bicycle Route (off street) — - — Potential Bicycle Routes (on street) Potential Bicycle Routes (off street)' 1 County Proposed Bicycle Routes 2 Proposed Regional Trail City Proposed Off -Road Bicycle Routesi bicycle • routes /trails 1 5 Attachment 5 7; //NPRJOEMFNT OF S7 AVF ; /.) 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A✓D EXPEGT d "16rRS fJLONIj 7NE R019D 70 OHy 9Nf" Caws foe /MP/eodiNl 7NE /2 y2 /�.q RD/90 Fo 711E Nee,0 DP 7/YE IJE!/ELOPF.2 . �) Z Qoa61s 7X' /s PeovE.e7Y doe /TS .�Ary eR� sECOVSiaA/ 4A10 Pe /U9rE AccESS / /f SrEKU.✓G- �vE 45 IWR NOT I�IAA)7 /3ECOmE A ljUSy T//daS.S/F%' eE 7.) 7,3 /S /U BE,dEF /T 7Z7 MC- rae 7T/ /S S7REET /.s1ORot�F/�IENT . �v0/ �cz�eu/Sk/ M19PGE M^� 12,4 16 Attachment 6 PLAN AMENDMENT RESOLUTION WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan to amend the major street plan element to designate a minor collector street corridor running east/west south of Pleasant View Park between Sterling Street and future Lakewood Drive. " WHEREAS, the procedural history of this plan amendment is as follows: 1" The Maplewood Planning Commission held a public hearing on February l, 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 v 1988° The council considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described plan amendment be approved on the basis that designation of a minor collector street along this corridor is desirable to ensure that the street within this corridor is designed to safely accommodate the .future traffic circulation needs in this area. Adopted this day of , 1988. Seconded by Ayes-- 17 Attachment 7 Pursuant to due call and notice thereof, a City council of the City of Maplewood, Minnesota held in the council chambers in said city on the , 1988 at 7 p.m. The following members were present: The following members were absent: regular meeting of the was duly called and day of WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence, to R~1 single dwelling for the following-described property: The south 825 feet of the southeast 1/4 of the southwest 1/4 of Section 13, Township 28, Range 22" WHEREAS, the procedural history of this rezoning is as follows: 1° This rezoning was initiated pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2" This rezoning was reviewed by the Maplewood Planning Commission on 1 1988. The planning commission recommended to the city council that said rezoning be . 3° The Maplewood City Council held a public hearing on , 1988 to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the city staff and planning commission, NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described rezoning be approved on the basis of the following findings of fact: 1" The proposed change is consistent with the spirit, purpose and intent of the zoning code" 2" The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded" 3" The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare" 4" The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools.. I 8 Attachment 8 5^ Rezoning to R-1, single dwelling would eliminate the potential'of any farm nuisance uses, such as the raising of livestock, occurring in this single-dwelling neighborhood. 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 this rezoning. Witness my hand as such clerk and the corporate seal of the city this day of , 1988" City Clerk City of Maplewood 19 Pursuant to due call and notice thereof, a City Council of the City of Maplewood, Minnesota held in the council chambers in said city on the 1988 , at 7 p.m" The following members were present: The following members were absent: regular meeting of the was duly called and day of WHEREAS, Maplewood Highlands Development Corporation initiated Proceedings to vacate the public interest in the following-described property: Sterling Street, lying east of the South 825 feet of the BE 1/4 of the SW 1/4 of Section 13, Township 28, Range 22, except that part lying south the following-described line: WHEREAS the procedural history of this vacation is as follows: 1" A majority of the owners of property abutting said street vacation have signed a petition for this vacation; 2" This vacation was reviewed by the planning commission on v 198B . 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 right-of- way, public interest in the property will accrue to the following- described abutting properties: 1^ The South 825 feet of the BE 1/4 of the SW 1/4 of Section 13 Township 28, Range 22" v 2. Except the North 806 feet of the North 1741 feet of the W 1/2 of the BE 1/4, lying easterly of the center line of Sterling Street and Northwesterly of I-494, subject to roads and easements in Section 13, Township 28, Range 22. NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above-described vacation on the basis of the following findings of fact: 20 Attachment 9 1" Construction of street at a safe grade across the steep slope in this area would be cost-prohibitive. 2" The properties that abut this right-of-way can be accessed from other improved streets. This vacation is subject to the retention of: 1" (Trail easement legal description) 2" (Water main easement legal description) 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 vacation of this street riqht-of-way" Witness my hand as such clerk and the corporate seal of the city this day of , 19B8^ City Clerk City of Maplewood, Minnesota 2] I RAMSEY SOIL AND WATER CONSERVATION DISTRICT Town and Country Bank Building 1817 North Saint Paul Road Maplewood, Minnesota 55109 Telephone: (614) 777.0147 MINNESOTA I $' SOIL AND WATER CONSERVATION DISTRICTS December 23, 1987 TO: Geoff Olson, Maplewood Planning Department FROM: Tom Petersen, Conservation District ManagerG SUBJECT: Maplewood Highlands The following is a cursory erosion control assessment for the proposed site. To perform a more detailed review, a scheduling of grading, final contour plans and other pertinent plans will be necessary. It should be obvious to even the casual observer that the Potential for soil erosion will be extremely great on this site. Because of this, very stringent site specific, requirements for erosion and sediment control should be required. I would :suggest that the attached general criteria be required .and docummented in the grading plan as per your developer's agreement. I am very willing to review the final grading plans for the City to qualify whether the criteria has been satisfactorily addressed. Please call me for assistance. TP:llt cc: Bruce Irish, Assistant City Planner AN EQUAL OPPORTUNITY EMPLOYER 22 a ®155C Attachment 10 Planning Commission - 2 - Minutes 2 -1 -88 V. PUBLIC HEARINGS A. Plan Amendment, Street Vacation, Preliminary Plat and Rezoning: Maplewood Highlands Addition Secretary Olson explained the request to amend the major street plan to show a continuous minor collector street between Carver and Highwood Avenues, a preliminary plat to create 47 single - dwelling lots, vacate a portion of Sterling Street and rezoning the site from farm to single dwelling. A commissioner questioned the Director of Public Works regarding possible future problems with the Williams Brothers pipeline which runs through the site. The commission discussed the possible drainage problems on the site. Bob Bruten, a partner in the Maplewood Highlands Development Corporation, said the corporation was in agreement with the recommendations of the city, although he said there was some concern as to the timing of the completion of some of the work and quickly resolving the completion of Sterling Avenue. The applicant's engineers commented on the projected drainage and holding capacity of the outlot area. Tom Harrington, 2278 Timberlee Drive, Woodbury, was present as a representative of the St. Paul Ski Club. He said the ski club was in favor of this development, but had concern that the extra acreage on the south side of the collector street be included in the engineering study. The club is concerned about the total amount of drainage that will be entering club property and that it be carried in underground conduits. Commissioner Fischer moved the planning commission: 1. Approve the resolution to amend the major street element of the comprehensive plan to show an east /west minor collector street across this site to connect with proposed Lakewood Drive to the west and Sterling Street to the south. Approval is on the basis that the minor collector designation is desirable to ensure that this street corridor is designed to safely accommodate the future traffic circulation needs in this area. 2. Approve the resolution vacating Sterling Street along the east boundary of this site, subject to the following conditions: a. The ski -jump property storm -water pond issue must be resolved. If the city is to purchase the property, the east half of the right -of -way shall not be turned back to the ski club property until the purchase is completed. Planning Commission Minutes 2 -1 -88 -3- b. A feasibility study must be accepted by council for the future alignment of Sterling Street, south to Carver Avenue. (The legal description may be different than presently shown on the plat. See Condition C of the plat recommendations.) C. If a trail is to be constructed within any portion of this right -of -way, a legal description must be prepared by the applicant to retain the appropriate area(s) for trail use. (See Condition F of the plat recommendations.) d. If the looping of the water main north to Marnie Street will cross any portion of this right -of -way, a 30- foot -wide utility easement shall be retained. The legal description shall be provided by the applicant, based upon an approved utility plan. 3. Approve the Maplewood Highlands preliminary plat, subject to the following conditions being satisfied before final approval: a. Construction contracts having been signed for a stormwater improvement project, based on the ski -jump property stormwater feasibility study. The city counoil may waive this requirement if the feasibility study shows that the additional volume of water from this plat will not have an adverse effect on the ski -jump property. b. The plat shall be revised, as necessary, to conform with the approved location for Sterling Street, based on a feasibility study to determine the location. C. Construction of Lakewood Drive (Gonyea's Oak Heights plat) having been guaranteed to the west property line of this site. d. Show a 120 - foot - diameter cul -de -sac bulb at the end of Crestview Drive. The location must be approved by the city engineer. e. The plat shall be revised as necessary to show a "pedestrian way" at least ten feet wide in the vicinity of the east property line for a trail access to Pleasant View Park. The trail may have to be located outside of the Sterling Street right -of -way to design a safe trail grade due to the steep slope. The city shall design this trail and decide whether it can be cost - effectively constructed. If it is to be constructed, the applicant is to construct it to city standards and be reimbursed his costs from PAC funds. The amount of reimbursement shall be agreed to when the developer's agreement is signed. Planning Commission -4- Minutes 2 -1 -88 f. The location of each of the Williams Brothers pipelines within 100 feet of the site shall be located by land survey (including depth below grade). A confinement easement shall be obtained from Williams Brothers, and it shall be shown on the plat. g. The cul -de -sac bulbs for proposed Mary and Snowshoe Courts shall be shifted to be symmetrical or, if to be asymmetrical, the rights -of -way shall be modified so that the curb radius between the bulb and the return is not less than 50 feet. h. The north line of Lot 9, Block One, shall be revised to be perpendicular to the Crestview Drive right -of -way. i. The streets shall be renamed as follows: (1) "Mary Court" to "Mary Place" (2) "Bartelmy Court" to "Marnie Court" (3) "Crestview Drive" to "Crestview Court" (4) "Lakewood Drive" to "Schadt Drive" j. The two pine trees located near the east line of the site shall be accurately located. As far as practical, the proposed rights -of -way shall be located so as to protect these trees. The cedar /juniper trees in the southwest portion of the site shall also be located. If they could be lost during construction, they shall be relocated elsewhere on the site, if relocation could be successful. This determination shall be made by a forester or similar specialist. k. City engineer approval of final grading, utility, erosion control and drainage plans. These plans shall include, but not be limited to, the following: (1) Impervious surface area from Block Three shall be diverted to the street. (2) The location and species of all trees four inches or more in diameter shall be shown on the grading plan. Those trees to be saved shall be designated on this plan and in the field. All of these trees to be lost shall be replaced, not to exceed ten trees per acre. (3) The drainage easement proposed in the northeast corner of the site shall be revised, if necessary, to conform with the storm water ponding plans approved for the ski -jump property (Condition A). (4) These plans shall address the concerns raised by the Soil Conservation Service in their letter dated December 23, 1987. Planning Commission -5- Minutes 2 -1 -88 (5) Include a pipe from the on -site pond to the ski -jump pond. 1. Submission of a signed developer's agreement and required surety for all on -site public improvements, any tree relocation or replanting and construction of a trunk water main to the north. This agreement shall also: (1) State the specifications and cost reimbursements to the applicant for the construction of the trail (Condition F) and the parking lot /cul -de -sac bulb (Condition M.2.) (2) Include construction of a 15+ car parking lot on the park property at the end of Crestview Drive (Court). The city shall design the parking lot. The developer shall construct the parking lot and be reimbursed for his costs from PAC funds. The amount of reimbursement shall be agreed to in the developer's agreement. (3) Include a pipe and acquire an easement from the on- site pond to the ski -jump pond. (4) Include a trunk water main from the plat to Marnie Street. A 30- foot -wide easement shall be shown on the plat. (5) Upgrading the existing Sterling Street to Carver Avenue as a temporary street. M. Recordable deed restrictions to be recorded to run with the title of the affected parcels, shall be submitted to the city along with the appropriate recording fees to: (1) Require that all of the runoff from the roofs and driveways for the homes to be built on Lots 1 -13, Block Three, to be diverted to Schadt Drive. The restriction shall also state that rain gutters and acceptable site grading shall be employed and maintained for the life of each property, as required by the city engineer. The city engineer shall review the grading and sodding plans for each lot prior to the issuance of a building permit. (2) Prohibit the construction of a dwelling within 100 feet of the Williams Brothers pipeline. (The lots that appear to be affected are Lots 19 -21, Block Two and Lot 13, Block Three.) The developer shall also notify the purchasers of the pipeline location. o. Lakewood (Schadt) Drive shall be designed as a minor collector street. Planning Commission Minutes 2 -1 -88 n� P. Delete Outlot A in favor of the proposed drainage easement and extend the abutting lot lines through this area. 4. Approve the resolution to rezone the entire site from F, farm residence, to R -1, single- dwelling use. Commissioner Barrett seconded VI. VISITOR PRESENTATIONS VII. COMMUNICATION Ayes -- Axdahl, Barrett, Cardinal, Dempsey, Fiola, Fischer, Goins, Larson, Sigmundik, Sletten Secretary Olson said there would be a mee ing on February 2, 1988 regarding the to ations of additional i erchanges on I494 in south Maplewood and Woopbury, and to contact im for further information. VIII. NEW BUSINESS A. Code Amendment\ R -2 Lot Wi The background and st %Cde f report were presented to the commissioners. The commissioners dis ssed t R -2 zoning within the city and how the amendment of the wo d affect this land. Richard Schreier, 2125 S o, discussed the zoning of his property on DeSoto Street. He sa W he didn't plan on dividing this property; it will continA as it is presently zoned. Commissioner,Goins mov d th planning commission adopt the code amendment that would 'grand they" R -2, double - dwelling residential lots that had a mini um lot idth of 75 feet prior to December 9, 1985 (the date of t e code ch nge requiring a minimum of 85 feet of lot width). Commissioner Sig undik seconded Ayes-- Axdahl, Barrett, Cardinal, Dempsey, Fiola, Fischer, Goins, Larson, Sigmundik, Sletten B. Code . Private Gar Secretary lson presented the staff eport for the code amendment for priva garages which would all garages up to 1,250 square feet on is over one acre. The com ission discussed the ordinance and the issue of two -story garages co taining living space. Commis ioner Larson moved adoption of the code amendment allowing a garagV up to 1,250 square feet on lots one acre or larger and limiting the maximum number of garages to two. 1 AGENDA ITEM AGENDA REPORT Action by Counciln Endorse Tp: City Manager, Modifie FROM: Assistant City Engineer ReJected SUBJECT: Sterling Street. North of Carver Avenue-- •- prderingDwVe -_ -_ -- Feasibility Study DATE: February 12, 199!7 INTRODUCTION The attached resolution authorizes the preparation of a feasibility study to determine the proper alignment and requisite Public utilities for Sterling Street between Carver Avenue and the proposed Maplewood Highlands plat. BACKGROUND One of the conclusions of the staff review of the proposed Maplewood Highlands plat was the need for a second means of vehicular access in addition to that provided by connection to proposed Lakewood Drive. The existing Sterling Street has a long reach that is not within a platted public right - -of -way or easement. Although this segment may consider to have become Public property through usage, it has not been formally declared as such. The combined factors of the difficult topography, Proximity to the Williams Brothers pipeline, and the limited right -of -way afforded by designation of the present: route as a prescriptive easement would not provide for adjacent residential development-.. Without, the possibility for adjacent development the ability to economically upgrade the existing Sterling Street would be effectively precluded. The existing pavement is in extremely poor condition, which would be extremely difficult to permanently maintain in an acceptable level of service. ALTERNATIVES 1. Do nothing. 2. Order a feasibility study. DISCUSSION 1. Do nothing. If the Maplewood Highlands plat is approved without incorporating the findings of the proposed feasibility study, then the alternatives available to establish a permanent alignment for Sterling Street that addresses the difficult problems relating to the present alignment are considerably narrowed. 2. Order a feasibility study. Although it is possible that the existing Sterling Street could be temporarily patched and overlaid to serve as a second means of access to the Maplewood Highlands plat until such time as development to the south is appropriate, the temporary repair of the existing Sterling Street Should not be viewed as a long term solution. FRECOMMENDATION It is recommended that the attached resolution authorizing the Preparation of a feasibility study be passed. is Attachment RESOLUTION ORDERINU PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to establish right -•of -way and construct Sterling Street with associated utilities from Carver Avenue north to the proposed Maplewood Highlands plat and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, 'THEREFORE, DE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTAi That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a Preliminary way as to whether the proposed improvement i.<.:s feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended, � \ � . \/ TO: FROM: SUBJECT: DATE: MEMORANDUM Action by c ouno lI f. , City Manager Thomas Ekstrand, Code Amendment - January 27, 1988 Associate Planner Private Garages Endorse Modifie Rejecte SUMMARY The city council has directed staff to prepare a code amendment that would allow garages up to 1,250 square feet on lots over one acre in size" RAG ungnuL The present ordinance allows residential garages up to 1^0 square feet in area and one-story in height" The proposed amendment is the result of the city council's December 28, 1987 review of a garage size variance request by Robert Steingraber of 2648 E. Minnehaha Avenue. Mr. Steingraber had constructed a 250 square foot garage addition without a building permit" His resulting garage size was 1,250 square feet" On August 11, 1986 council amended the garage size ordinance to allow any residential garage to be 1 square feet. Prior to this, a garage could not exceed 75% of the floor area of the dwelling, up to a maximum of 1,000 square feet" 1" According to the garage size survey on page 3, the median maximum garage size allowed is 1,000 square feet. Where more than one garage is allowed, the median maximum garage size permitted for the largest garage is also 1,000 square feet. 2" Fifty-seven percent of the surveyed cities allow no more than two garages. Thirty-three percent, including Maplewood allow an unlimited number" v BRcomMqadation Adoption of the code amendment on page 2, which would allow a garage up to 1,250 square feet on lots one acre or larger and limit the maximum number of garages to two. k Attachments: 1" Ordinance Amendment 2" Garage Size Survey 3^ Planning Commission Minutes Dated 12~7-87 ORDINANCE NO. AN ORDINANCE AMENDMENT REGULATING RESIDENTIAL GARAGES THE MAPLEWOOD CITY COUNCIL HERESY ORDAINS AS FOLLOWS: Section 1. The definition of "private garage" in Section 36- 6 is amended as follows (deletions are crossed out): Private garage: A private garage is an accessory building designed or used for the shelter or storage of motor vehic ref- y- -lr�-- he•rghfi Section 2. Section 36 -77 is added as follows: Sec. 36 -77. Private garages. (a) Private garages are limited to one attached and one detached garage for each lot. (b) Each private garage shall not exceed 1,000 square feet of floor area on a lot under one acre and 1.250 square feet on a lot of one acre or more. (c) A private garage shall not exceed one story in height as viewed from the street. Detached garages shall not include living space. Section 3. This ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council on , 1988. Mayor Attest: City Clerk Ayes -- Nays -- SURVEY MAXIMUM RESIDENTIAL GARAGE SIZE 7 -14 -86 • Cities with a maximum garage size having no limit on the number of garages that can be built. Max. Area (Sq.Ft.) Specifics Maplewood 1,000 75% of dwelling floor area with a maximum of 1,000 square feet Vadnais Heights 900 White Bear Lake 750 Woodbury 1,000 Apple Valley 750 Detached 3,000 Attached • Cities with a total combined area permitted for multiple garages: Oakdale Coon Rapids Shoreview Newport Maple Grove i Cottage Grove Max. Area (Sq.Ft.) 750 1,200 1,500 Maximum Number Allowed One attached and one detached No limit Two detached garages (750 square foot maximum each) 1,008 Two 1,254 Two maximum (1,000 square foot maximum for one structure) 1,350 Two maximum (1,000 square foot maximum for one structure) Fridley 1,400 One attached and one detached (may not exceed house foundation size up to 1,000 square foot maximum) • Cities with a maximum garage size having a limit on the number of garages that can be built: Max. Area (Sq.Ft.) North St. Paul 1,004 Blaine 1,000 Roseville 1,000 Maximum Number Allowed One attached and one detached One attached and one detached Two 3 Attachment 2 Little Canada 1 One Golden Valley 1,000 One South St. Paul No limit (attached) - One 1,080 (detached) - One Brooklyn Center 1,000 Two West St. Paul 800 One attached and one detached Cities with,no size limitations: Eagan Cannot exceed a 20% lot coverage -total of all buildings Columbia Heights Only one garage permitted 4 Planning Commiss�pn Minutes 2 -1 -88 \ P. Dale a Outlot A in favor of the prop sed drainage easement and extend the abutting lot lines throng this area. 4. Approve the 'F esolution to rezone the a tire site from F, farm residence, to R - 1 , \ \ single-dwelling use. Commissioner Barret seconded Ayes - Axdahl, Barrett, Cardinal, Demp ey, Fiola, Fischer, Goins, Lar on, Sigmundik, Sletten VI. VISITOR PRESENTATIONS VII. COMMUNICATIONS Secretary Olson said they would be a meeting on February 2, 1988 regarding the locations of addi tonal interchanges on I494 in south Maplewood and Woodbury, an to contact him for further information. VIII. NEW BUSINESS A. Code Amendment: R -2 116t Vidths The background and staff eport were presented to the commissioners. The commissioners discus ed the -2 zoning within the city and how the amendment of the cc a would a fact this land. Richard Schreier, 212 Desoto, di s ussed the zoning of his property on Desoto Street. H said he didn' plan on dividing this property; it will c tinue as it is resently zoned. Commissioner Goins moved the planning ommission adopt the code amendment that wo ld "grandfather" R -2, double - dwelling residential lots that had a inimum lot width of 75 feet prior to December 9, 1985 (the date f the code change requir'ng a minimum of 85 feet of lot width). Commissioner Sigmundik seconded Ayes-- Ax Barrett, Cardinal, Dempsey, Fiola, Fischer, Goins, Larson, Sigmundik, Sletten B. Code Amendment: Private Garages Secretary Olson presented the staff report for the code amendment for private garages which would allow garages up to 1,250 square feet on lots over one acre. The commission discussed the ordinance and the issue of two -story garages containing living space. Commissioner Larson moved adoption of the code amendment allowing a garage up to 1,250 square feet on lots one acre or larger and limiting the maximum number of garages to two. Planning Commission Minutes 2 -1 -88 -7- Commissioner Coins seconded Ayes -- Axdahl, Barrett, Cardinal, Dempsey, Fiola, Fischer, Coins, Larson, Sigmundik, Sletten C. Elect Vice -Chair Commissioner Sletten moved the planning commission re -elect Vice - Chairman Lorrai a Fischer. Commissioner Car final seconded Ayes - -Axd 1, Barrett, Cardinal, Damps Fischer, Coins, Larso Sigmundik, Sletten D. Reschedule 2/ 1� Commissioner Coins m planning commission Commissioner Fischer IX. UNFINISHED BUSINESS X. COMMISSION PRESENT A. Council Meeti XI. STAFF PRESENTATI Meeting to resched a the February 15, 1988 in g to Feb uary 29, 1988. onded Ayes Axdahl, Barrett, Cardinal, Dempsey, Fiola, Fischer, Coins, Larson, Sigmundik, Sletten J A. Council Mee ing - -Febr y 25, 1988 8, 1988: Michael Ayers B. De/National Annual Report Secreta presented the a Communiopment. C. 19 Planning Conf XII. ADJOUPAMENT ual report for the Department of nce ing adjourned at 10:26 p.m. ( i .. ............................... . ._...._ ._.. A.cti.on by Counoil:i MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT /OWNER: PROJECT: DATE: City Manager Thomas Ekstrand -- Associate Planner Garage -Size Variance 2648 E. Minnehaha Avenue Robert Steingraber Garage Addition December 2, 1987 SUMMARY Introduction Endor. sed. Modi.fie d__.e,_. ® _ ReJecte Date The applicant is requesting approval of a 250- square -foot garage -size variance. Refer to the letter on page 7. Background 8- 17 -87: Mr. Steingraber was issued a stop -work order for constructing a garage addition without a building permit. The total garage size is now 250 square feet larger than the 1,000- square -foot maximum area allowed by code. 8- 26 -87: Mr. Steingraber was allowed to add a protective covering to his roof with the understanding that this was being done at his own risk, pending council review of this variance request. See page 8. Alternatives (least to most restrictive) 1. Approval as requested. 2. Amendment of the ordinance to permit up to 1,250- square -foot garages. Council adopted the present ordinance on August 11, 1986, based on a 1,000- square -foot maximum being in line with most metro area cities. (See page 9.) 3. Denial. Discussion There is insufficient justification for a variance under the findings required by the state. The applicant could keep the current garage and construct a second garage to meet code since he has a large lot. There are no unique circumstances to this property that were not created by the landowner. The basic hardship is economic, since the garage was started without a permit. The intent of this code is to keep garages in scale with the owners' and adjacent neighbors' houses and to discourage illegal home occupation, such as auto repair. While Mr. Steingraber may not plan to operate such a business, future owners might. Recommendation Denial of the 250- square -foot garage -size variance for Mr. Robert Steingraber of 2648 E. Minnehaha Avenue, on the basis that: 1. Strict enforcement of the ordinance would not cause undue hardship because of circumstances "unique to the property ". a. The property can be put to a reasonable use by meeting the code. In addition, because of the large lot, a second garage or storage shed could be built to accommodate Mr. Steingraber's storage needs. b. The plight of the landowner is not due to circumstances unique to his property, not created by the landowner. The problem is caused by starting construction without a building permit. 2. The variance would not be in keeping with the spirit and intent of the ordinance. CITIZEN COMMENTS Staff surveyed the 33 surrounding property owners within 350 feet for their opinions concerning this request. Of the 19 replies, five had no comment, 13 were in favor, and one neighbor objected. In Favor Comments 1. Such codes are unconstitutional and a communist plot to destroy man's freedom. 2. It makes no difference in view from any side, and is his business. ' 3. I don't object to the size or location. 4. There is enough land to allow this garage to remain unobstructive. 5. Larger garages are needed, particularly on these very large lots. 6. One neighbor who replied in favor stated, "my only complaint is that if he would carry on more of a business because of the expanded size of the garage ". Objection 1,000 square feet is already a very large garage. It is more than big enough for residential property. REFERENCE Site Description 1. Lot size: 1.6 acres (This is a double lot.) 2. Existing land use: single dwelling and garage Sur roundinq Land Uses Northerly: Minnehaha Avenue and Union Cemetery Southerly: Margaret Avenue and single dwellings Westerly: single dwellings and undeveloped property Easterly: single dwelling Planning Considerations 1. Land Use Plan Designation: RH, high- density residential (the north half of the property) RL, low- density residential (the south half of the property) 2. Zoning: R -1, single- dwelling residential 3. Section 36 -6 definition: Private garage: A private garage is an accessory building designed or used for the shelter or storage of motor vehicles. A private garage may not exceed an area of one thousand (1,000) square feet. Private garages may not exceed one story in height. 4. Section 367.10 Subdivision 6 (2) of the 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 constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. j Attachments 1. Land Use Plan Map 2. Property Line /Zoning Map 3. Site Plan 4. Applicant's letter of justification 5. Agreement to allow roofing 6. Garage -size survey M Rm S t; R _ L$Coleofor m ° Maryland Ave. major a V In Stillwater Road o I _ _ p c ��y sc KJ H .,�t i� 1,ry i I I I mi orcolleclorl. ........ Harvester g c R8 i P P . I�, I RI .: l OS C SC SC I r u ma or arteria Minnehaha r l - 8 �:I R a � s S,: h LLI� ma or eol ec or Conway IJC =.. a U l (Ir SC . Il lnlerchange �t.T � I II p►.n�• llll f a 19 rferlal -- _ interchangen I -94 Ir f -A - l' Beaver lake LAND USE PLAN 4 Attachment 1 1) f — -AVE. I,I,.a: Ip o ( , 2648 2668 2670 I o 1 - - - eye �1 1 - u 1 a I 0 52 1 �- -I- 1 , ee- 1 I, 1 d L — 1 i •1.!- o4rvf�AEOMT j 1 (et.} •� I �� Li I I �. I A i e 9 la ,•k is o ±�`.� , O I zl I .•.a: ; .o: 2663 2669, 2675 ' h) '. 76 � � �• I I . III MARGARET AVE. zeaoz xeo� g (M ) I o (z3) e.o S -_ -- FWT e S ± (32) O Ins � 1 � w - - - -- ly e — v I i . J � , ntll /ti Ll2 'YGO Q 9 for 5ewe '=To Vi 111 =g ,k Si Caj� N lP. 4.29• Dw..14l Lflfj (3+) I _ $ 0!) w (SS) 6i • I (31) G 0-) C i lus 1 AVE.- In - - - - AV E. _ - -4- (1w) (1s) d44 lol l02 rl �, oe N 2 I a 9 --R-- I 1 1 I! PROPERTY LINE / ZONING MAP 4 5 Attachment 2 — 119 F- o0 P 1� C 1j , 1 , 1 � IQ' W o� Ml z 1 ��y� HouSF 59FT, — 1 1 I 1 1 � as ti rr, Ik In ra G FT 12 Lu M �-4 IImo^^ h V ,iz 2 0 a o SITE PLAN 6 Attachment 3 a sr-r. I 0 N .' VARIANCE OR APPEALS APPLICATION For a zoning appeals B. 1. It will be a great inconvience to us if we don't get this additional space. We will use it for storage, equipment, and a vehicle. B. 2. I built the attached addition at the same roof lines and size garage door as the one next to it. We also intend to use the same style of stucco finish. The addition also matches the width of the driveway which is already graveled and landscaped. Futhermore given the addition the roof of the house and upstairs addition the size of the lot (1.7) and the proximity to the existing garage and driveway. It will be very usefull to us and any family after do. Robert Steingraber 2648 E. Minnehaha St. Paul, Mn. 55119 7 Attachment 4 CITY OF MAPLEWOOD 1830 EAST CO. ROAD B MAPLEAVOOD, MINNESOTA 55109 1 OFFICE OF COMMUNITY DEVELOPMENT 612.7704560 AGREEMENT I, Robert Steingraber, understand that the City of Maplewood is allowing me to apply tar paper to my partially completed garage addition prior to the Maplewood City Council reviewing my forth— coming garage —size variance request. I further understand that being allowed to apply tar paper to this addition after receiving a stop —work order in no way constitutes approval of a variance or support by the city staff or city council. I realize that if this variance is denied by the city council, I will not be reimbursed by the City of Maplewood for any portion of the cost of the roofing material applied. Robert teingraber Date 2648 E. Minnehaha Avenue 8 Attachment 5 SURVEY MAXIMUM RESIDENTIAL GARAGE SIZE 7 -14 -86 Cities with a maximum garage size having no limit on the number of garages that can be built. Max. Area (Sq.Ft.) Specifics Maplewood 1,000 75% of dwelling floor area with a maximum of 1,000 square feet Vadnais Heights 900 White Bear Lake 750 Woodbury 1,000 Apple Valley 750 Detached 3,000 Attached Cities with a total combined area permitted for multiple garages: Max. Area (Sq.Ft.) Maximum Number Allowed Oakdale 750 One attached and one detached Coon Rapids 1,200 No limit Shoreview 1,500 Two detached garages (750 square• foot maximum each) Newport 1,008 Two Maple Grove 1,254 Two maximum (1,000 square foot maximum for one structure) Cottage Grove 1,350 Two maximum (1,000 square foot maximum for one structure) Fridley 1,400 One attached and one detached (may not exceed house foundation size up to 1,000 square foot maximum) Cities with a maximum garage size having a limit on the number of garages that can be built: Max. Area (Sq.Ft.) Maximum Number Allowed North St. Paul 1,004 One attached and one detached Blaine 1,000 One attached and one detached Roseville 1 Two 9 Attachment 6 i Little Canada 1 One Golden Valley 1,000 One South St. Paul No limit (attached) - One 1,000 (detached) - One Brooklyn Center 1,000 Two West St. Paul 800 One attached and one detached Cities with no size limitations: Eagan. Cannot exceed a 208 lot coverage -total of all buildings Columbia Heights Only one garage permitted 10 Planning Commission Minutes 12 -7 -87 - 3 - 2. A lot division t subd' ide 2430 Hazelwood Avenue into two parcels with 75 feet and 88.5 f t of frontage on Hazelwood Avenue, respectively. Approv is subject to payment of cash connection charges for water a se r. Commissioner Sletten econded Ayes -- Axdahl, Ayers, Barrett, Cardinal, Fiola, Goins, Larson, -Rossbach, Sigmundik, Sletten C. Variance: 2648 Minnehaha (Steingraber) The Director of Community Development presented the request for a 250 - square -foot garage size variance. Mr. Steingraber explained that he had removed a lean -to to construct the garage addition. He did not think that he needed a permit to replace the lean -to. Commissioner Goins asked if two 1,000- square -foot garages could be constructed side -by -side. Staff replied that they could if separated by fire walls that meet the building code. This seems to defeat the intent of the code. Commissioner Goins moved that the planning commission recommend approval of the 250 - square -foot garage size variance for Mr. Robert Steingraber of 2648 E. Minnehaha Avenue, on the basis that: 1. Applicant has eliminated an existing eyesore. 2. The variance would not change the character of the area. 3. The circumstances of the building existing on applicant's property are unique. 4. There is no neighborhood opposition. 5. Present code does not clearly address itself to over -sized lots. 6. The code allows two garages, each over 1,000 square feet, to be constructed side -by -side. Commissioner Cardinal seconded Ayes -- Axdahl, Ayers, Barrett, Cardinal, Fiola, Goins, Rossbach, Sigmundik, Sletten Nays -- Larson Commissioner Barrett moved the planning commission refer the ordinance on garages and lot sizes to the staff for research and possible amending. Commissioner Goins seconded Ayes -- Axdahl, Ayers, Barrett, Cardinal, Fiola, Goins, Larson, Rossbach, Sigmundik, Sletten � MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Dege Garden Center DATE: January 20, 1988 Aetion by Councii : Lndorseda_____ ._. Modif'ied__,_ ReJeoted — , _ Date This item was tabled from December 28 to January 11 to await a court decision regarding the garage on the site. The decision has since been made in favor of the city. A copy of the decision is attached. Council also directed the city attorney to arrange a meeting with Mr. Dege's attorney and the attorney for some of the neighbors to see if a compromise can be worked out. Council tabled this item again from January 11 to February 22. mb MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Rezoning Initiation - -Dege Garden Center DATE: November 17, 1987 Introduction 1. George Dege is requesting that the city initiate a rezoning for his outdoor sales area. (Refer to his letter on page 2 .) He is requesting this because it is the city attorney's opinion that the outdoor sales area cannot be approved as a conditional use permit. The city must rezone the outdoor sales area or amend the code to allow such use in an R -1, single- dwelling zone. In addition, a plan amendment will be needed for a rezoning, since the entire Dege property is designated RL, residential low density. Section 473.865. Subdivision 2 of state law states that a city shall not adopt any official control which is in conflict with its comprehensive plan. 2. A review of the conditional use permit issued on December 8, 1986 is required. (Refer to the conditional use permit on page 4.) Section 36- 442(e) of city code requires that "all conditional use permits shall be reviewed by the council within one year of the date of initial approval. Background On December 8, 1986, council revised the previously approved conditional use permit for the Dege Garden Center site to allow an outdoor sales area under the existing canopy. A request by Mr. Dege to include a residential garage he had constructed was denied. On May 12, 1986 a court order required the city to allow the garage to remain. This decision was appealed by the city and is being considered by the court of appeals. Alternatives 1. Deny the request to initiate the rezoning. Mr. Dege would then have to get a petition signed by 50% of the property owners within 200 feet. If Mr. Dege cannot get a petition, the city would have to require the removal of the overhead canopy and outdoor sales in the R -1 zone. 2. Initiate an amendment to the code to allow outdoor garden sales in an R -1 zone by conditional use permit. This would allow the city.to control Mr. Dege's plant sales through permit conditions. It would also allow similar uses in other R -1 districts. 3. Initiate a rezoning to BC, business commercial and a plan amendment. This would allow the future use of the outdoor sales area for other commercial uses. The design, however, could be controlled by the design review board. Recommendation I. Initiate a revision to the conditional use permit to delete the approval of outdoor sales in the R -1 zone. II. Initiate a rezoning to BC for the outdoor sales area and a plan amendment from RL, residential low density to SC, service commercial for all the commercial uses on Century Avenue, south of Seventh Street, provided that Mr. Dege submits an application for design review board approval to upgrade the outdoor sales area and screen the adjacent residential lot at 814 Mayhill and pays the $150 application fee for the plan amendment. mb Attachments: 1. Letter, George Dege 2. Conditional use permit 3. Land Use Plan 4. Site Plan 5. Letter, Carl Norberg 6. Staff reply 7. Plans, separate attachment 8. Court decision 2 It 512- 739 -5314 SAINT PAUL, MINNESOTA 55119 August 18, 1987 Jeff Olson City of Maplewood 1902 East County Road B Maplewood, Minnesota 55109 Dear Sir: Regarding the continued controversy over Dege Garden Center's Plant Area, I would like to point out some facts and ask the city council some questions as follows: (1) Although we have been selling plants ( a most important part of our business) in the fenced area since 1976 and under a canopy since 1981, it seems to me that with no complaints for 10 years this has never been a problem for the nelghbors.Please be informed that Mr. Drwyer cut down all the screening hedge of lilacs that ran between our properties. The hedge was 10 to 12' in height. He then planted small plants in that area. (2) The garage for my R.V. seems to have been the sore spot with him and a few others. By making life miserable regarding the plant area, maybe he is feeling some satisfaction. (3) In Nov. -Dec. of 1986, your council voted, approved, and passed the continued use of the plant area. The neighbors didn't raise any objections. Now that the H.V. garage is finished, it seems that the plants are objectionable.. Again, isn't this just sour grapes? (4) If the Council is now go&mg to rescind their agreement on the plant area because of the Special Use Permit, I would like the Council to vote on approving the Fenced in Area be re -zoned Commercial. That would eliminate the problem of spec use. LAWN and GARDEN CENTER - 3 GROWER'S SUPPLIES Attachment 1 618- 739 -8314 SAINT PAUL, MINNESOTA 55119 (5) The Council M embers were supportive of our plant area and the fact that if we lose this area, our business would no longer exist. 4e are only open 9 months and all the sales dollars generated by this area are a must In order for us to pay taxes and stay in operation. (6) we at Dege's feel that with your approval in 1986 regarding the plant area it would be a good gesture to try and reconcile the objection that this is a Special Use Permit, therefore, we can't sell plants there. That objection doesn't make sense to me. Apparently your staff, lawyers, and council didn't think so either. (7) ae spent the X150.00 for this proposal to be heard in 1986 and we consider It still the same monies for the same item that was on your agenda back in 1986. (8) I feel that the Council can handle this quickly. If you approve the Commercial re- zoning of the plant area over the Special Use Permit for the same area, it may eliminate this petty nitpicking because someone didn't get their way. I am looking forward to working with you on a positive decision for our plant area. We've been in Maplewood for 19 years. It would be a shame to close our doors over this. Yours in serving the community, Gorge President Dege Garden Center LAWN and GARDEN CENTER — 4 GROWER'S SUPPLIES W I- uunditional.Use Permit Revision : 831 No. Century Avenue / 2- P 4 P4, a� a. Director of Community Development Olson presented the Staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption 86 - 12 - 207 WHEREAS, George Dege initiated a conditional use permit revision for a parking lot, outdoor sales area and residential garage in an R -1 zone at the following- described property:••' 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 con follows: ditional use permit is as I. This conditional use permit revision was initiated by George Dege, Pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit revision was reviewed by the Maplewood Planning Commission on November 17, 1986. The Planning Commission recommended to the City Council that said Permit be approved. 3. The Maplewood City Council held a public hearing on November 24, 1986. 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. 4. The City Council gave preliminary approval to the conditional use permit, except for the residential garage, on November 24 and tabled final action until December 8, 1986, to have the resolution revised. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the 1971 conditional use permit for an off - street parking lot is renewed and revised to allow an expansion of the parking lot from 28 to 33 spaces and an outdoor sales area under an approved canopy, the residential garage is denied, on the basis that a garage is not 'parking' as envisioned in the original conditional use permit and is, therefore, beyond the scope of a nonconforming use. Ap- proval of the permit is based on the following findings: 1. The use is in conformance with the City's comprehensive plan and with the purpose and standards of the zoning code. The parking lot and outdoor sales are nonconforming uses. The parking lot is needed to comply with City parking requirements. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be cor�atible with the character of that zoning district. 12/8 Attachment 2 j 4. The use would not depreciate property values. S. 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 prop- erties. 7. The use would be serviced by essential public services, such as streets, police, fire Protection, utilities, schools and parks. B. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to 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 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 nur- sery plants and covering straw from April through September. flo other type of sales or storage shall be allowed. 4. No portion of this site shall be used for truck or trailer storage. S. 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. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nays - Councilmember Juker. c. Council referred the question of the City participating in the .costs to remove the garage to the legal staff. 6 A 7 i A . ° Maryland Ave. Stillwater Road SC - Harvester • r Beaver Lake NEIG1100RA00D LAND USE PLAN - 7 Minnehaha Conway IC Revi 3 -3 -83 I -94 4 -15 -83 6 -27 -83 -23 -84 -8 -85 10 -10 -86 Attachment 3 19 -21 ' Larpenteur Rm s c A 7 i A . ° Maryland Ave. Stillwater Road SC - Harvester • r Beaver Lake NEIG1100RA00D LAND USE PLAN - 7 Minnehaha Conway IC Revi 3 -3 -83 I -94 4 -15 -83 6 -27 -83 -23 -84 -8 -85 10 -10 -86 Attachment 3 19 -21 CiffAMIX Y AvE , � � �ns VlnnlG �' N Pee AE hr•� /}�`rratd 197E � c I )'e � A CLrnrIl /��rrrf/ a; I w Y � r �rnf,rrr� lI I /9fT l9gut l rirmrtafn/ lmu / �y wp�r✓rsy IiSL P arJ�In� U s/► /invc�� G�3%Tl I I I fRV a«y/e� Rp ,At ,4 YHlc6 J?p. 8 b L � V Attachment 4 jC A,Ull #:l I )'e � A CLrnrIl /��rrrf/ a; I � � '�Z 7 rrwN� 1970 �• ,Z - J 1 o I e h �rnf,rrr� lI I /9fT l9gut l rirmrtafn/ lmu / �y wp�r✓rsy IiSL P arJ�In� U s/► /invc�� G�3%Tl I I I fRV a«y/e� Rp ,At ,4 YHlc6 J?p. 8 b L � V Attachment 4 ."t'i 1125. U a 800 AMHOIST TOWER I 345 ST. PETER STREE T Sr. PAUL, MINNESOTA 35102 TELEPHONE (612) 297-6400 P. . 'TO2'�' HONORABLE t'MAYOR :AND MAPLEWOOD. CITY '.COUNCIL. N 7 t Ineighb is jacent CO.. As"you pn ..Y orstimmediately th Dege Garden Cente reset I -lain v�unable to.; be:� present ievening%%' because of another'�commitment; t and, wish to appear on their behalf, ,,.,by means'-1of$1-this',1`'letter Several of - neighbors are present, and. available",to;! respond ',to Yquestions The neighbors' * , zequest.� � that the council deny the request for %" z . rezoning at•;this`time."tl They I are particularly concerned that the department t of community'� development, apparently., on its own initiative and: disregarding what the neighbors thought were -..ongoing -, negotiations, '' appears to' be ''recommending a broader"• . - -.:rezoning and increased commercializotion:of;the neighborhood than , even requested., by Mr." Indeed, until the neighbors learned that the department of communit development ' had p�laced, this matter before you this evening they'-'had assumed �that.l'anl attempt at a negotiated settlement :1 was being worked' on. Mr. Dege was last before the council on..*.June 22, asking that his conditional use permit be amended to legalize his outdoor ' sales' area. The neighbors ap peared - in opposition, and attorney advised that the ppe the.. city at outdoor sales area could under 'the conditional use permit, but that' a: rezoning would be necessary. The matter was referred,back*to'the-.,.department , of community development... Thereafter October 9, a meeting'was held at the instigation of the city.' Present were Mr. Olson, Mr. Hannigan, John Daubney,. attorney for'Mr. Dege, and myself. My understanding of what transpired at that meeting was that it was agreed, that 11r. Dege:,. would attempt to f ormulate a de a ign . proposal that the ne ighbors `,could find acceptablep and that there would be opportunity for:. reaction 'to the, proposal by the neighbors and constructive interaction'-with' Mr. . Dege before the matter was again placed I.,'t'before''the' council.; If the neighbors found the proposal.. .,...;, :acceptable..- be no need to ask the council to initiate .1 . :.'1! a rezoning, since • the. requisite number "of neighbors presumably would sign'llr.'Degels petition. I left the meeting understanding that we would be. hearing'from Mr. Dege.' We have heard nothing e from 'Mr. Dege:' The neighbors are puzzled as to why the department of• development has elected to ignore the understanding reached at the October 9 meeting and now asks you to initiate an *even broader commercial rezoning before Mr. Dege . ,has done anything. 9 Attachment 5 r .♦ ., i t.'. 5', •. j, _'� r,jtN frU � .:5 J•'•, 4. .,,.., •'11 Mayor and Maplewood City= Council November'23 `,198 8 2 ! eq ct t • I + t f @ • + aW �,.1� Y t r df "n 1.�r' ,ln�' Iii J �M 1, , " 7 J ` y: "[ y, r I b J + ,t . I 'y5 j I „r,k 1 ?�•{AJ f�. f !,r rV Ifh ' °jf�' l -:f'Y i !,. 1 J• (� a - v 1. 111 ]. f w ,t, " ' ht ,yMwfl xti' � ; T:r)lt �. I t ' �r'x 1 .:1 , ISw It� `w; � J �'N , - .�t• Ztl 1 1•" f1 �xr�•. i Mr. 'Olson indicates +in memo that the issue of 'the Dege pole;:' j� barn 'is "now on-' al: to This is another'` r� reason why ,the&councilVshould;'not initiate' a. rezoning now. The neighbors l� 1 ' �that�.the ` +.cit 'has' the • suthorit • to ( ' require removal. of� th @" pole 'barn,l' as the, • council voted, and thus d ' Y they partcipated "in lthe matter before the; Court of Appeals by . f r . means F •ofs•�ai'- brief; $ amicus curiae They •' believe the ' city's :i <. ? attorneys �did�an''excellent job presenting the. city's position, and are" confident,: •. from the nature' and tone of, the 4 r: questions 'askedc•by''.the > Court - of Appeals oral argument, that' the city will? prevail` on its 'appeal +' `.•They were'heartened,by Judge Sedgwick "s remarki•ati.oral'argument to the effect that it is the neighbors, who buy their %homes and reamin in their homes in reliance on the'stability qV zoning,•i.e., that residential areas ":stay residential, who have a high stake in a comprehensive zoning =plan. The neighbors believe,that\ what the Court of Appeals may: do could range from, simply 'remanding the matter to the trial court for an evidentiary hearing, to a remand with some fairly ,.precise and'narrow instructions as 'to the proper standard of 'proof'to be required 'to establish Mr. Dege's alleged reliance on . the ne'gligently-issued;,building permit. rIn any event, what the Court of Appeals •'•does ' could well : have ''an.. impact on how this entire matter' is ultimately i resolved. It seems to us to make sense under the circumstances to take no action pending the Court of Appeals decision. ' The most effective way to take no action ' would be to deny the request_ that the council initiate the rezoning and thereby force :1r. Dege to negotiate in good faith L with.the neighbors, something, he has not yet done. i7 Attached to the,' memorandum from the `director of community development is a letter. from Mr. Dege to'Mr.. Olson dated August .18, 1987 wherein .Mr.' Dege ' allegations. The neighbors feel "compellled'to respond. to his allegations, since they .appear to' be -the fundamental' ;'document submitted. to the council by the department,, and.do so follows: (1) It is not true that there have been no complaints from neighbors; in any, event i.the number of complaints is not...,. %determinative of whether Mr: .Dege has been operating illegally. In fact,'Mr.'Dege,' following *complaints from the neighbors, was red tagged" in�1975 &for 'selling merchandise from a plastic greenhouse in the R-1-:area. -Following that, he began selling ' plants under. an' outdoor' canopy that encroached onto the.R- l'area. -The council was told last,November that the only! . ,.city approval "'for this was 'a permit issued 3/23/81 for a r'• temporary .structure with 't a, plastic rood that was removed on 7/31/81. Since then 'Mr. •Dege has constructed .a year - round ..plexiglass canooy in violation of both the zoning ordinance and the special use permit. The "hedge" on Mr. Dreher's property that Mr. Dreher cut down was ' not lilacs; it was honeysuckle, and it was cut down approximately seven years ago because many of the plants were dead from overage and overgrowth, and because the plants were deciduous and offered 10 , 1 T� r. A l t o, �19 .4 3 R� f .1 64 Y s ��; z j �.V� s�ee.. , 1 jM'L R i t4. {''•yy�P`' fy'i1 1 'fn • 1 r"� �.'tt P' y 7 '41 . ,. •. - .t�.�2• v{C ;,A.t��h , {te4!iYr, C 1 e ♦ 7 � r , T • , 1. , t .1 r .• '• J.0. 191f i l�rf 4 y • ,t' 1 L i. , r Mayor and Maplewood, City Council.;l, °t f� S t 1 November 23198,7 +)`;� + ; {4 }� ,.��. t 7r ' itYf '� 4 , + {: •ry4 N -r 1R ( f, age 3 , .w 1 r P bf r. ixw j • �� P g f � ;�,7 „� j�f•�rit� , {: } .M' . « i 1,1 tT , ' • -! ' ' - rY . ��'{�V /l 1 �� ' Y ff ' iy , i l ((, 1 , r f�f t � r i y f • ,- f 4,� ? �rro._Al!'i�iY,.�.i1 �•i'd''lY�':�'Y } }, j :r•. i�91, ?f �.: •i{ •. "• little if any" screening from ')4r. Dege Is, tproperty. The plants • ..were replaced- +with f'evergreens' which' are -now growing but which, though an,•impLov {{ ment ;still *provide inadequate screening. i. y S !'. .•.. \'{� +, Y'.1l ° i 4 J.; ' �1 ,/l !� 7 .: :' ,• 1 s '. n !. �i (2)` "'As t alreadylt`no l ted,hthe., issuesof the, pole barn ha already';'`'; - been 'decided by the council :and is.before,the I Court !.of Appeals..'' If •'in','faat the 11 obi ect ions I come ' fro.m..,onlyia few,° Mr.' Dege should shave no trouble A securing enough, Y si ( gnatures, 'from. others to ' by. 1 petition .t��flf�jrn�f;54li ;�S +` 'i i 1 f '. •.' +i 4 ) r S ` b ., : ZVLry i t�'r� t •j t f "•Tr ". .i� ?:. I r . r.f a ;'• (3) ' The- neighbors;ce:tainly 'objected- to, use of the•.. ! plant ; felt, `• however,';''thaty'a compromise had been reached in 'the'j`council`'vote"which' they could accept, and their understanding :was` the vole barn .woul.d be removed.' (4) We have already „ addressed thel merits : of. a council- initiated' rezoning. �./;•Yji?S •Y i,.,-if: il..:!::: 'e. i ''.• (�'1. ,. (5) The neighbors'' have' no_Idesire to see'. Mr. Dege go out of busines also'.feel that they have a right to rely 'on the residentia integrity','of'their neighborhood. They feel that Mr. Dege "has many' alternatives available to him, and are. '.. %willing to work with him. 'He.has made no, attempt, they feel, to work with them. "' .. (6) We do not understand what point Mr.' Dege is attempting to make. •(7) Obviously,;what fees Mr.`'• Dege. should pay should be subject to administrative interpretation. We have, no position. on- this point .f .l .:• i:yr; 1 (8) Again ,' Mr. Dege's disagreements with : ;,. the neighbors are only with;'a small minority.” If so, as already note d,,he,:should'not :need`,a• council- initiated.rezoninq. • i Finally �' ' if! Mr. Dege were to come up with an appropriate' plan, and present it to the neighbors # , he ought to be',`" able to�, win 'the', approval %, of" a simple: majority of "the adjacent'• . property owners:' ?`°If he cannot persuade the neighbors under these circumstances,'and given.his failure•to do anything following.the commitments. made by his. attorney at. the October'9 meeting, and the pendency of pole barn matter in the Court of Appeals, we cannot: understand ' why' the Council' on.its own initiative should . now vote : to ' precipitate another 'confrontation with the immediately adjacent residential neighborhood. S n erely. Carl E.'Norberg CEN:nk d4;maplewoo 11' MEMORANDUM TO: City Manager FROM& Director of Community Development DATE& December 14, 1987 This memo is in response to the preceding letter from Carl Norberg. The last line of Paragraph 2 states that the department of community development "appears to be recommending a broader rezoning and increased commercialization of the neighborhood than even requested by Mr. Dege." This statement is in error. The recommendation in the November 17 staff report is to "initiate a rezoning to BC for the outdoor sales area ..." This is the area requested by Mr. Dege. There is no "broader rezoning" mentioned by Mr. Norberg. He may be confusing the land use plan with the zoning ordinance. The staff recommendation also recommends that the city initiate a plan amendment from RL, residential low density to SC, service commercial for the commercial uses on Century Avenue, south of Seventh Street. As was stated in the staff report, Section 473.865 Subdivision 2 of the state statutes, states that a city shall not adopt any official control which is in conflict with its comprehensive plan. Since the Dege property is designated RL, a rezoning to BC would be in conflict with the city's plan. A plan amendment is, therefore, required to rezone the outdoor sales area. The adJacent businesses should also be included, since they are designated for RL use on the plan, but are already zoned BC. A a copy of the land use plan is included in the attached staff report of November 17, 1987. The last sentence of page one of Mr. Norberg's letter states that "the neighbors are puzzled as to why the department of community development has elected to ignore the understanding reached at the October 9 meeting, and now asks you to initiate an even broader commercial rezoning before Mr. Dege has done anything." The request to initiate this rezoning was made by Mr. Dege in his letter of August 18 rather than the department of community development. Mr. Dege's request has been delayed since then because of other staff work and to give the opposing neighbors and Mr. Dege a chance to work out their differences. In an effort to assist in this process, the department of community development and city attorney arranged a meeting of the opposing attorneys to try and facilitate a compromise. The recommendation in the November 17 staff report reflects the agreement reached at this meeting that staff would recommend a rezoning in conJunction with Mr. Dege submitting plans to remodel his sales area and screen Mr. Dreher's lot. Mr. Dege's plans for the screening and remodeling are attached. If the city initiates the rezoning and plan amendment, Mr. Dege will submit a formal design review board application. Initiating a rezoning only allows a public hearing to be held. It does not obligate the city to approve anything. 12 Attachment 6 It has never been the staff's intent, as Mr. Norberg suggests on page two of his letter, "to force Mr. Dege to negotiate in good faith with the neighbors.,.." In the first place, there are neighbors both for and against Mr. Dege. There is no one person representing "the neighbors." Secondly, previous court decisions have consistently ruled that a city cannot delegate its decision making authority to the "neighbors." It was necessary for the council to consider this on November 23, since Section 36 -442 (e) of city code requires that "all conditional use permits shall be reviewed by the council within one year of the date of initial approval." The previous permit was approved on December 8, 1986. This was stated in the staff report. The December 8 permit approved the outdoor sales area. Since the city attorney has ruled that the outdoor sales area cannot be approved as a conditional use permit, Mr. Dege is requesting that the city initiate the rezoning. He feels that since he previously applied for the conditional use permit, with the understanding that this was the proper procedure, the city should rectify the procedural problem by initiating the rezoning. Staff concurs. mb 13 STATE OF MINNESOTA: '•'IN COURT OF C9-87-1574 --- - --- Ramsey County Sedgwick, Judge George Dege, d.b.a. John E. Daubney Dege Garden Center, 700 Amhoist Tower 345 St. Peter Street Respondent, St. Paul, MN 55102 VS. Patrick J. Kelly City of Maplewood, John F. Bannigan, Jr. James J. Hanton Appellant. 409 Midwest Federal Bldg. 50 East 5th Street St. Paul, MN 55101 Carl E. Norberg 800 Amhoist Tower 345 St. Peter Street St. Paul, MN 55102 (Amicus) Filed: December 29, 1987 Office of Appellate Courts S Y L L A B U S The trial court erred in applying estoppel and granting summary judgment in favor of respondent. Reversed and remanded. Heard, considered and decided by Huspeni, Presiding Judge, Sedgwick, Judge, and Lommen, Judge. * Acting as judge of the court of appeals by appointment pursuant to Minn. Const. art. 6, 5 1. O P I N I O N SEDGWICK, Judge The City of Maplewood appeals from summary judgment granted to Dege. We reverse and remand. FACTS Albert and George Dege own Dege Garden Center in Maplewood. In 1971, Albert Dege obtained a special use permit from the city in order'to construct a parking lot adjacent to the garden center, on land zoned for residential use. The special use permit allowed customer parking but prohibited truck or trailer storage in the parking lot. The special use permit also required a public hearing prior to any modification of its terms. In 1986, George Dege obtained a building permit from the city in order to construct a trailer garage on the parking lot. After construction had begun, neighbors complained to the city that the garage violated the conditions of the special use permit. The city issued a stop order prohibiting Dege from completing the garage, and ordering him to remove it from the premises. Dege applied for an amendment to the special use permit so that the garage could be completed. The city council denied his application. Dege filed a declaratory judgment action against the city. Dege moved for removal of the stop order, for an order estopping the city from asserting the permit was invalidly issued, and for protection from civil or criminal contempt. The trial court treated this action as a motion for _2_ summary judgment. The trial court granted summary judgment in favor' of Dege. ISSUE Is the city estopped from enforcing the terms of the special use permit? ANALYSIS On review of summary judgment, the appellate court must decide if there are any genuine issues of material fact and if the trial court erred in applying the law. Betlach v. Wayzata Condominium 281 N.W.2d 328, 330 (Minn. 1979). The city claims two issues of material fact exist. First, the city claims that the extent of Dege's knowledge of the existence and conditions of the special use permit is at issue. Second, the city claims that the extent of the garage's completion when the stop order was issued has not been fully discovered. Special use permits, like all provisions in local zoning ordinances, are not personal licenses but attach to and run with the land. State v. Dotty 396 N.W.2d 55, 59 (Minn. Ct. App. 1986); see Pelser v. Gingold 214 Minn. 281, 285 -86, 8 N.W.2d 36, 39 (1943). The conditional use permit remains in effect until its provisions are violated. See Minn. Stat. S 394.301, subd. 3 (1986); see also Orme v. Atlas Gas & Oil Co. 217 Minn. 27, 13 N.W.2d 757 (1944). The landowner has constructive notice of the permit after it is issued. See LaValle v. Kulkay 277 N.W.2d 400, 402 -03 (1979) (purchasers had knowledge of restrictive covenant contained in deed); Strauss v. Ginzberg - 3 - I. 218 Minn. 57, 15 N.W.2d 130 (1944) (purchaser's knowledge of restrictive covenant presumed). In this case, Dege's knowledge of the 1971 permit is presumed as a matter of law. The extent of the garage's completion is not a material fact affecting summary judgment but is germane only to the issue of estoppel. Dege asserts that he changed his position in reliance upon the building permit to the extent that it would be inequitable for the city to require him to remove the garage. Dege spent more than $10,000 on the garage's construction, and it would cost more than $1500 to have the garage removed from his property. Dege contends that the city should be estopped from revoking the building permit, and estopped from enforcing the zoning ordinance and special use permit. The city does not dispute the fact that the garage was substantially completed. The application of estoppel is a question of law. State v. Liepke 403 N.W.2d 252 (Minn. Ct. App. 1987). This court is hesitant to apply estoppel in zoning matters, and will apply the doctrine sparingly. Rid gewood Development Co. v. State 294 N.W.2d 288 (Minn. 1980); Liepke 403 N.W.2d at 254. The trial court concluded that Liepke was dispositive of the present case. However, the facts of Liepke are significantly different from those now before us. Liepke presented plans to expand his detached garage into a building to store heavy equipment for his construction business. His permit was granted and the building was constructed with the active supervision of the Eden Prairie building inspector. When the building was 90 percent completed and Liepke had spent $30,000, - 4 - the structure was red tagged as violative of city use ordinances. Unlike the present case where Dege had constructive, if not actual, notice of limitations placed on the property by the special use permit, Liepke proceeoeo in goon faith and neither concealed facts from the city nor violated the conditions of any permit. In Liepke the court applied the test of Ridgewood Development Co. A local government exercising its zoning powers will be estopped when a property owner, (1) relying in good faith (2) upon some act or omission of the government, (3) has made such a substantial change in position or incurred such extensive obligations and expenses that t would be highly inequitable and unjust to destroy the rights which he ostensibly had acquired. * * * Ridgewood 294 N.W.2d at 292 (emphasis in original; citations omitted). The Ridgewood court also ruled that a municipality could be estopped only if it had acted wrongfully: [E]stoppel is available as a defense against the government if the government's wrongful conduct threatens to work a serious injustice and if the public's interest would not be unduly damaged by the imposition of estoppel. * * * Under [this test], the court must first look for the government's wrongful conduct. Only if it is found to exist does the balancing begin. Liepke 403 N.W.2d at 254 -55 (quoting Ridgewood Development Co. v. State 294 N.W.2d 288 (Minn. 1980)). -5- Dege did not rely in good faith on the action of the city in granting the building permit in 1986 when the special use permit granted to him in 1971 put him on notice that such a building was not allowed and that any modification of the permit required a public hearing. The equities in this case, do not favor Dege. The dollar amount expended on the project does not create vested rights sufficient to outweigh the public's interest in .zoning cases. See Jasaka Co. v. City of St. Paul 309 N.W.2d 40 (1981). The mere possession of a building permit and the incurring of expenses do not create vested rights sufficient to justify estoppel. Hawkinson v. County of Itasca 304 Minn. 367, 374 -77, 231 N.W.2d 2.79, 283 -84 (1975). Dege's reliance on a building permit, which he knew was issued in violation to the special use permit and zoning ordinance, is not sufficient to outweigh the public's interest in having the zoning regulations enforced uniformly. The city, as a matter of law, is not estopped from revoking the building permit and enforcing the ordinance. In this case, Dege's building permit violated both the zoning ordinance and the special use permit. Since Dege is charged with constructive notice of the special use permit, it is unreasonable for him to claim reliance on a building permit issued in violation of that permit. D E C I S I O N The trial court correctly determined that there is no issue of material fact and that summary judgment is appropriate. The trial court erred in granting summary judgment -6- to Dege. As a matter of law, summary judgment must be granted to the city. We reverse and remand for entry of judgment in favor of the City of Maplewood. Reversed and remanded. C l P fie- C�-e •�..rz�.e�. ,�Q� �;a.� -- �z -a-Z�� e r (�� c�.. — �u�a� Jiz�:�� Y � vi-� 4k ee-. lk "P'G`s //'G/a' �.e.� •mot °t ��..c. CL !� � cc�� i✓oh��n�c. iJ - ,r2c tee, v t C?�,..e �'-ec. �✓�- ee,a.,� . ffie � LAW OFFICES JOHN E. DAUBNEY ATTORNEYS AND COUNSELORS AT LAW JOHN E. DAUBNEY JANET C. FESLER" JAMES S. DAUBNEY ^` 700 AMHOIST TOWER FOURTH AND ST. PETER STREETS ST. PAUL, MINNESOTA 55102 February 19, 1988 Mr. John F. Bannigan, Jr. Attorney at Law 409 Midwest Federal Building 5th and Cedar St. Paul, MN 55101 Re: Dege vs. City of Maplewood Our File No. 9285 Dear John: u � ? 1 987 16121224 -4345 'ALSO ADMITTED IN WISCONSIN "ALSO ADMITTED IN CALIFORNIA I am all in favor of a peaceful solution to the Dege matter. An appeal by Dege, even if successful, would undoubtedly lead to bad feelings with the Maplewood Administration officials. Our last meeting with yourself, Maplewood Planning officials, and the attorney for the neighbors left me with a positive feeling and I would like to proceed on that basis'. I will waive right to any.further appellate proceedigns in consideration of your waiving your right to taxation of costs and disbursements for the Court of Appeals. When can we schedule a further meeting to discuss this matter, as I as I believe that George Dege.is' now back in town. Very truly U ,Igy r; I / ° I John E Daubney Att rney at Law :lm 3 MEMORANDUM Aoti.on by.Councliv Endorsed T0: City Manager Modifie Rejected FROM: City Engineer SUBJECT: Frost Avenue vs. T. H. 244 Striping Plan Dat e______- DATE: January 7, 1988 Engineering was requested to evaluate the striping plan for T.H. 244 if applied to Frost Avenue. T.H. 244 is 52 feet wide just as is Frost Avenue. T.H. 244 consists of a 16 ft. center turn lane for both directions, 2 -12 ft. through lanes (one in each direction), and a 6 ft. shoulder at each edge. This type of design is usually based on several assumptions: 1. Numerous left —turn movements due to commercial frontage. 2. No parking. 3. Higher traffic volume 4. Higher speed limit 5. Channelized intersections Frost Avenue does not exhibit the same needs for specialized striping as does T. H. 244. Frost Avenue isbasically residential. Parking is allowed in most cases. The speed limit and traffic volume are reduced and there is no need for channelized intersections. -T —/ MEMORANDUM TO: Director of Community Development FROM: Environmental Health Official SUBJECT: Compost Site Hours DATE: February 2 1988 Endorsed Modified }lejouto Data The city council has inquired about the possibility of extending the days the compost site is open from the current Friday, Saturday and Sundays to also include Wednesdays" ' The site is currently open Friday, Saturday and Sundays ummer and fall ) , and also Wednesdays during the busy fall season" Ramsey County sets the hours to be consistent with all other sites in he times county. The site has a monitor on duty at all t it i ` s s open with the monitor's wages paid by the city" The city does -- receive ^ a grant ~` for these wages at the end of the year" MgmAima I. No change in hours" The city will continue to be reimbursed for the monitor's wages" 2. Increase the days open to include a half day on Wednesdays throughout the season" This would result in an increase of approximately 115 hours (5 hours per Wednesday for 23 weeks) At $5 per hour the increased cost would be $575 of which Ramsey Count/ ^ has agreed to pay half. I recommend that the site hours be increased to include a half day on Wednesdays throughout the season. Half of the additional cost ($287.50) must be appropriated to cover the city's share" m Action by Council: Eodoroe0.~..._.~-.~` 0odlfiod..~-�._-._ ]lojootod-- � A8ENDA ITEM °/ MEMORANDUM TO: City Manager FROM: City Engineer SUBJECT: T.H. 120 Upgrading Agreement 64426R DATE: February 17, 1988 Attached is the MnDOT agreement to cover the city cost for the pavement and sewer improvements. The city cost associated with this part of the project is for manhole adjustments, gate valve adjustments, water main insulation and storm sewer adjustment due to conflicts with the city's water main" The estimated cost is $9 It is recommended the city council approve the agreement and authorize funding the project from the state-aid street construction account. jc Prepared by: Utilities Agreements Unit Receivable $9,528.57 S.P. 6227 -47 (T.H. 120) Ramsey County T.H. 120 (Century Avenue) from Woodberry Road to T.H. 36 City of Maplewood Agency Agreement No. 64426R AGE AGREEMENT THIS AGREEMENT, made by and between the State of Minnesota, acting by and through its Commissioner of Transportation, hereinafter referred to as the "State" and the City of Maplewood, hereinafter referred to as the "Utility ". WITNESSETH THAT: WHEREAS, the State is preparing plans and specifications and proposes to let a contract for the construction of Trunk Highway 120, said project being identified in the records of the State as S.P. 6227 -47; and WHEREAS, the Utility desires to adjust water valves and manholes, hereinafter referred to as the "Utility System "; and WHEREAS, the Utility is not staffed or equipped to perform such construction at this time, and a separate contract to be let by the Utility for the "Utility System" construction would result in interference with the operations of the State's Agency Agreement No. 64426R Contractor and would not be in the best interest of the State, the Utility has requested that the Commissioner of Transportation act as its agent for the purpose of constructing said "Utility System "; and WHEREAS, State law requires a written Agreement between the State and the Utility setting forth their separate responsibilities in accomplishing the Agency construction work: NOW, THEREFORE, IT IS AGREED: ARTICLE I - AGENCY APPOINTMENT AND CONSTRUCTION PLANS Pursuant to Minnesota Statutes 161.45, Subdivision 2, the Utility in connection with the construction of the aforesaid portion of Trunk Highway 120 does hereby appoint the Commissioner of Transportation as its Agent to prepare final plans and specifications, to advertise for bids, to award the contract and to construct said "Utility System" in accordance with plans and specifications designated as State Project 6227 -47 which are on file in the Office of the Commissioner of Transportation at Saint Paul, Minnesota. Said plans and specifications are made a part hereof, with the same force and effect as though fully set forth herein. PLAN CHANGES If a change in plan or character of work is required to complete the "Utility System" satisfactorily, the "Utility" and -2- 1 Agency Agreement No. 64426R the "State" or their authorized representatives shall agree to such change before entering into a supplement to the construction contract or the agreement. A Supplemental Agreement between the "State" and the "Utility" will be entered into for both the agreed change and division of cost upon receipt of written approval from the "Utility" to commence such work. ARTICLE II - AGENCY CONSTRUCTION The construction of said "Utility System" shall be under the supervision and direction of the State, but the work may be inspected periodically by the Utility's authorized representative. If the Utility, believes the work has not been properly constructed or that the work is defective, the Utility shall inform the State's Project Engineer in writing of such defects. Any recommendations made by the Utility regarding the Agency work performed under this Agreement are not binding on the State. The State shall have the exclusive right to determine whether the Agency work has been satisfactorily performed by the State's contractor. All work shall be performed in substantial accordance with the approved plans. The State's Project Engineer shall make a final inspection with an Engineer designated by the Utility, and the State shall advise the Utility in writing when it has accepted the installation. -3- c -� Agency Agreement No. 64426R When the State accepts the "Utility System ", it shall become the property of the Utility. Risk of loss of partial or complete "Utility System" construction shall be on the State's contractor or the Utility as provided in Standard Specification 1716, Minnesota Department of Transportation Standard Specifications for Construction, 1983 Edition. The Maintenance of said "Utility System" and appurtenances thereto shall be performed by the Utility without cost or expense to the State. ARTICLE III - AGENCY PAYMENT The actual cost of said installation shall be determined on a contract unit price basis. The Utility hereby authorizes the Commissioner of Transportation, as its Agent, to pay the State's Contractor directly for said installation. The Utility agrees to pay to the State the "Total Cost" incurred by the State in the construction of said "Utility System ". "Total Cost" as referred to shall consist of: 1. "Construction Cost "; All bid item costs received from the successful bidder involved to satisfactorily construct said "Utility System" according to the plans, specifications and special provisions. 2. Construction Engineering; A sum equal to 8% (percent) of the "Construction Cost ". -4- V V . � Agency Agreement No. 64426R It is estimated that said cost of the Utility's share of the work hereinunder and based on the Engineer's estimate as shown on Exhibit "B ", will be Nine Thousand Five Hundred Twenty Eight and 57/100 Dollars ($9,528.57). It is contemplated that all of said work as provided for in said plans, specifications and special provisions in the aforesaid construction of Trunk Highway 120 is to be done by contract basis. Immediately following the State's bid opening procedures the "Utility" will be notified of the "Total Cost ". Upon receipt of written notification, the Utility has ten calendar days to accept or reject the "Total Cost" as shown on the transmitted "Cost Schedule ". If written notice has not been received within the prescribed ten calendar days, this shall constitute acceptance by the Utility and the "State" shall proceed in the same manner as if having received the "Utility's" written acceptance of said "Total Cost ". If the Utility elects to delete the "Utility System" from the State's work, the Utility does hereby agree to pay to the State the aforesaid "Design Engineering" costs. The Utility indemnifies, saves and holds harmless the State and all of its agents and employees of and from any claims, demands, actions or causes of action of whatsoever nature or character arising out of -5- Agency Agreement No. 64426R or by reason of the deletion of the "Utility System" and further agrees to defend at its own sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder by virtue of the deletion of the "Utility System ". If the "Utility" elects to delete the "Utility System" it will be subject to Notice and Order to remove and relocate said system. The Utility agrees to advance to the Commissioner of Transportation said sum as approved on the transmitted "Cost Schedule" forthwith upon the awarding of the construction contract and upon receipt of a request from the State for such payment. Upon completion and acceptance of the work provided for in said contract by the State, and the preparation by the State of a final computation determining the amount due the contractor performing the work, the Commissioner shall determine and compute the amount due the Trunk Highway Fund of the State of Minnesota hereunder from the Utility. After the Commissioner has determined as aforesaid the actual amount due from the Utility, he shall apply on the payment thereof as much as may be necessary of the aforesaid funds advanced by the Utility. If the amount found due from the Utility shall be less than the amount of the funds advanced, then, and in that event, the balance of said �,N Agency Agreement No. 64426R advanced fund shall be returned to the Utility without interest. If the _amount found due from the Utility shall exceed said amount of funds advanced, the Utility agrees to promptly pay the State the difference between the said amount due and said amount of funds advanced. It is further agreed that the aforesaid computation and determination by the Commissioner of Transportation of the amount due from the Utility hereunder shall be final, binding, and conclusive. It is further agreed that the acceptance by the State of the aforesaid completed work provided for in said plans, specifications, and special provisions to be performed under contract as aforesaid shall be final, binding and conclusive upon the Utility as to the satisfactory completion of said work. ARTICLE IV - PLANS AND ESTIMATES Attached hereto, marked Exhibit "A" and made a part hereof, are comprehensive and detailed plans for the Agency Work. Also attached, marked Exhibit "B" and made a part hereof is the Estimate of Costs for the Agency portion of the State Project. The Agency work is to be constructed in accordance with Exhibit " A n ARTICLE V — FUTURE MAINTENANCE Upon completion of construction, the Utility shall thereafter maintain the "Utility System" at its own expense. -7- \OX)-\ Agency Agreement No. 64426R Should any such maintenance require work on trunk highway right -of -way, the Utility shall first obtain a written permit from the proper authority, which application shall be acted upon promptly and shall not be unreasonably refused. Said permit shall contain reasonable regulations relating to such maintenance. The Utility may open and disturb the surface of the trunk highway right -of -way without a permit only where an emergency exists that is dangerous to the life or safety of the public and requires immediate repair. The Utility upon knowledge of such emergency, shall immediately notify the Minnesota State Patrol. The Utility shall take all necessary and reasonable safety measures to protect the traveling public, and shall cooperate fully with the Highway Patrol to that end. The Utility in such event shall request a permit from the proper authority not later than the second working day thereafter. ARTICLE VI - MISCELLANEOUS The Utility indemnifies, saves and holds harmless the State and all of its agents and employees of and from any and all claims, demands, actions, or causes of action of whatsoever nature or character arising out of or by reason of the performance or nonperformance of the inspection to be performed by the Utility and further agrees to defend at its own sole cost and expense any action or proceeding commenced for the purpose of 1-� Agency Agreement No. 644268 asserting any claim of whatsoever character arising hereunder by virtue of the performance or nonperformance of the inspection to be performed by the Utility. This paragraph is not, as to third parties, a waiver of any defense or immunity otherwise available to the Utility; and the Utility, in defending any action on behalf of the State shall be entitled to assert in any action every defense or immunity that the State could assert in its own behalf. Within 90 days upon completion of the construction herein described', the Utility shall submit to the State's Director, Agreements Services Section five copies of a permit - application, including "As Built" sketches, for all the facilities within highway right of way. 0 WC S.P. 6227 -47 (T.H. 120) Agreement No. 64426R IN TESTIMONY WHEREOF, the parties have duly executed this Agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. (CITY SEAL) DEPA O F TRANSPORTATION CITY OF MAPLEWOOD By Mayor By - _ STAT E - OF - MINNESOTA Recommended for Approval: District Engineer� Director, Agreements Services Section Approved as to form and execution: Special Assistant Attorney General State of Minnesota -10- Commissioner of Transportation By Dfrector, Office of Technical Support Approved: Commissioner of Administration By Authorized - Signature 1 � EXHIBIT "B" S.P. 6227 -47 (T.H. 120) Agreement No. 64426R Cost E stimate to Ad Water Valves and Manholes (Cit — of Maplewood) Number Item Qua _ntit� 0504.602 Adjust Valve Box Water 11 2506.522 Adjust Frame and Ring Casting 26 Insulation and additional manholes (See page 12) Subtotal Plus construction engineering 8% x 8,822.75 = Total Cost Nq I �rY EXHIB "B" Unit Price 130.00 1,430.00 175.00 4,550.00 2,842.75 $8,822.75 _705.82 $9,528.57 -11- M N (Y, N T x � oa H H 2 H l� � I � W N N �O N Sa h0 w ¢ vi ti u Z Q O w O w Q w Q 0 O O In (D M N 0 O U 0 o Vv O U P M z a :D W o a Q 3 0 v n N M a [ 0 0 M O 0 0 0 n 0 0 o N U' N , n m n n N a Ol lA � V) 0 w as ei F LL z U 0 0 N N 0 0 0 O 0 0 N 0 0 N N 0 0 M N 0 0 rn 0 0 N b? 1A Y N Z N N N .Nne N o (l N Q C3 N >wLL LL LLLL >LL O O U Z z z Z Z 6 Z J J J J J J J A O O M C7 w a 0 E I w LD tr w a w tr z U w J I w U h+ L7 3 w 3 w 3 U H co a kx w W N w a N w a .+ W U w a m w a w w w a w w a } S Q s W z F " a a " F- J 6. u a a a (A U z LL - u a x n o a z O E W H D z . x o in N U7 0 N N 0 to N N 0 in N V 0 In N 0 N 0 u� O 0 N I N rl I AGENDA r'rEM„_,Z f MEMORANDUM TOP City Manager Action by Council,:i FRVMP Assistant City Engineer Endorsed_�r SUBJECT: County Road C -•- Approval of Preliminary Plans Modii'ied� DATED February 16, 1988 ROJected Date„____ INTRODUCTION Ramsey County has requested Maplewood to give formal approval to the preliminary plans for the referenced project. A resolution of approval of the plans is a prerequisite for review by MnDOT for MSA funding. BACKGROUND The plans for County Road C between White Hear Avenue and McKnight Road, City Project e6 -25, have been prepared by Ramsey County with input from the Maplewood Department, of Public Works. RECOMMENDATION The plans have been reviewed by the engineering department and are hereby recommended for approval. .'1 Attachment RESOLUTION APPROVING PRELIMINARY PLANE; WHEREAS, Ramsey County has prepared plans for reconstruction of County Road C within Maplewood from White Bear Avenue to Arie'I Street. WHEREAS, the city engineer has reviewed such plans and presents said plans to the council for approval NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD MINNESOTA: The preliminary plans for reconstruction of County Road C from White Bear Avenue to McKnight Road, SAP 62- 623 -30 City Project 86 -25, are approved. This approval is independent of proposed cooperative agreements for the construction of this project.. AAWK 'N REGIONALMNSIT BOARD 270 Metro Square Building St. Paul, Minnesota 55101 612/292 -8789 February 3, 1988 To: City Mayors City Managers /Administration /Clerks County Board Chairs County Administrators Action by Counoil.tl Endorsed®..v._„„_,, Modified —_ Rejected—_ Date _._— I am in the process of establishing an advisory committee of local officials to advise our board on local government's point of view on pertinent transit issues. Our Chairman's Advisory Committee would consist of 15 city and county elected officials and staff members. It would meet once a month on a day and time to be determined by the committee's membership. It is my intention to call the first meeting of this committee the latter part of March. There are many issues currently before the Regional Transit Board that will be discussed at committee meetings, including the development of new transit services, light rail transit, transit financing, elderly and handicapped transit service policies, and transit's property tax levy. It would be my intention to discuss new ideas and seek assistance and advice in the develop- ment of transit policies. I would ask you make the creation of this advisory commrttee,;known to ; your city council or county board members and appropriate staff. I`0 you, or- other,- city or county officials or staff have an interest in serving on this committee and wish to be considered for appointment, please fill out the enclosed, brief application form and return it to our office by February 19. Appointments to the advisory committee will be based on a mix of local officials from various geographic areas and types of communities (i.e., central city, older suburbs, developing suburbs, etc). Thank you for your assistance in the development for your interest in transit. If you or others committee, please contact me or my assistant, Mike Sincerely, � Elliott Perovich Chairman E P : MK /mf of this advisory committee and have any questions about this Kuehn, at 292 -8789. An Equal Opportunity Employer AYSM REGIONALTRANSRBOARD 270 Metro Square Building, Saint Paul, Minnesota 55101 612/292 -8789 CHAIRMAN'S ADVISORY COMMITTEE APPLICATION FORM NAME: ADDRESS: CITY IP CODE: HOME PHONE: DAYTIME PHONE (If other than home): IN WHICH CITY /COUNTY ARE YOU A LOCAL OFFICIAL? WHAT CAPACITY (i.e., Mayor, Council Member, City Manager, etc.)? LIST BRIEFLY ANY LOCAL GOVERNMENT EXPERIENCE YOU WOULD LIKE TO PROVIDE: I wish to be considered for appointment to the RTB's Chairman's Advisory Committee. Signature Date TO: FROM: SUBJECT: APPLICANV OWNER: LOCATION: PROJECT: DATE: MEMORANDUM i_.6 Aotion by Golmoi.l :, City Manager Endorsed. Randall Johnson -- Associate Planner Modified_ Final Plat ReJeote Ed Cave and Sons Date_— _,. Idaho Avenue, West of Sterling Street Cave's Junek Park Addition February 5, 1988 SUMMARY Introduction The applicant is requesting final approval of Cave's Junek Park plat. He is also requesting that the city council - waive one of the conditions. This condition requires a drainage easement, which partially lies on the adjacent property. The adjacent owner will not grant the easement. Refer to the map on page 5 and the applicant's letter on page 6. Background Council approved the preliminary plat on August 10, 1987. The condition that is requested to be waived states: 9. Submittal to the City Engineer of a recordable quit —claim deed for the portion of the required two — acre —foot pond that will be located on the property adjacent to this plat. The legal description shall be approved by the City Engineer. The lotting plan on page 13 (of the 7 -13 -87 staff report) shall be used to establish the limits of this easement. As much of the natural wetland as possible shall be included in the easement. Alternatives 1. Waive Condition 9 and approve the final plat. 2. Require that Lots 12 —15 (those that drain to the pond) be platted as an outlot until an easement for the pond is obtained. Discussion All of the conditions, except number 9, have been met. It would be convenient to have acquired the easement for the portion of the pond on Mr. Junek's land, but it is not necessary. The main need for this pond will be to hold the run —off from development on Mr. Junek's land. Mr. Cave's run —off to this pond is relatively small - -the rear yards of four homes. Mr. Cave will be constructing a storm —water pipe.to outlet the pond. The easement for the portion of the pond on Mr. Junek's land can be acquired when he develops. Recommendation Approve the final plat and waive Condition 9. Attach ments 1. Location Map 2. Property Line /Zoning Map 3. Preliminary Plat (8 1/2 x 11) 4. Letter from the applicant 5. Final Plat (separate attachment) 2 F _pL9.E.Y BD n P� 1 v� R a F AVE A r R Av R w ° R R R IPUD) F R3- 3 F/ R2 N R„ R F R W RP R2 F F °a (PUD) R R LBe F PUDL AVE R2) F F R F R3 R3 R3 _ � u N (R2) F F R3 3 A i R R I R Fj MI R2) (PUD) MI R M2 J R 3 M LANE RD R3 (PUD) 6 Nd F I R3 ml •�• IF r' R3 _ w u ! ` DvE R3 ( PUD) MARYL R R • R I 1 ( PUD) GF- RPN` °M _ BC F F BO L ' 1 N 3 u R AVE AF l R I N n F A .07 L.. .fYl rn' LOCATION MAP 3 Attachment 1` I )I{ e (13: (2E) Y — �3 (m) u 4) (n/ / _eL IS JR AWA4E E� TLOT C PROPERTY LINE / ZONING MAP 3 Proposed Cave's Junek Park Addition Attachment 2 4 0 N v ro o O R Q4 a ` 3t _ );� D N � i a R I 00) I� �+ r` I PROPERTY LINE / ZONING MAP 3 Proposed Cave's Junek Park Addition Attachment 2 4 0 N la I O 41 , =ra / I \ 1 \e v rr ur I I re _ I _ eo i w , '! I L L _ ID AVENU IJ. �� • NO j i � 8I D, I 139 ' �e - Im c q I r m leo a Z I I I N a1 w I I ~ I IJ6 I I I I D S , ro9M W A I Y\ / �\ �`\ Il ti N •I I S 4 / °EI 1 60 la H PRELIMINARY PLAT Approved by Council 8 -10 -87 5 I O 41 / N H PRELIMINARY PLAT Approved by Council 8 -10 -87 5 January 13, 1988 Mr. Geoff Olson City of Maplewood 1830 E. County Road B Maplewood, Mn 55109 SUBJECT: CAVES JUNEK PARK Dear Mr. Olson: with the delivery of this letter and the items with it, I believe you will have all of the documents and funds required for approval of the final Plat of the subject plat except one. The one remaining document is the deed from Mr. Junek for an easement for drainage purposes on his property. Although I understood that he did not object to this, he now informs me that he is unwilling to provide it. Please request the Council to consider removing this condition, from the Plat. It is my belief that the city already has the right to store water t ofslandnthat I am aware of. Please inform me of the date when the Council will hear this matter. Sinc ely Yo Be 0'01� Samuel S. Cave, President Ed Cave & Sons, Inc 6 Attachment 4 ED CAVE & SONS, INC CAVE GENERAL CONTRACTORS ST. 202 2301 WOODBRIDGE - SUITE NEW HOMES .�,.• ROSEVILLE, MINNESOTA 55113 LAND DEVELOPMENT RENOVATION COMMERCIAL SAM CAVE, PRESIDENT 462.9667 January 13, 1988 Mr. Geoff Olson City of Maplewood 1830 E. County Road B Maplewood, Mn 55109 SUBJECT: CAVES JUNEK PARK Dear Mr. Olson: with the delivery of this letter and the items with it, I believe you will have all of the documents and funds required for approval of the final Plat of the subject plat except one. The one remaining document is the deed from Mr. Junek for an easement for drainage purposes on his property. Although I understood that he did not object to this, he now informs me that he is unwilling to provide it. Please request the Council to consider removing this condition, from the Plat. It is my belief that the city already has the right to store water t ofslandnthat I am aware of. Please inform me of the date when the Council will hear this matter. Sinc ely Yo Be 0'01� Samuel S. Cave, President Ed Cave & Sons, Inc 6 Attachment 4