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1980 07-03 City Council Packet
(I� VISIT(}R PRESENTATION AGENDA Maplewood City Counci 7 30 P.M. , Thursday, July 3, 1980 Flu.nicipal Administration Bui1din 9 Meeting 80 - 16 (A) CALL TO ORDER B} ROLL CALL C APPROVAL OF MINUTES notes =r0 -14 June 5 ) - 2. Mi nu tes 1 30 --15 J une 1 ) • : (D) APPROVAL OF AGENDA {E} - CONSENT AGENDA A11 matters l i s. k;ed under the Consent Agenda are cons i dered to be routine bv� J the City Counci •1 and wi l 1 be enacted by one mrt on i n the form listed bel o� -�. - There wi11 be no separa discussion on these i tems . If di scussi on is de- si.:red, that'-i will be removed from. the .Conren.t Agenda and will be con: - s idered se parately. le Accounts Payable 20 Request for Publ i c H - Commerci Revenue No - Sho i n pP 9 Center - Beam and Whi Bear Avenue 30 Deferred - Assessments: Set Hearing Date 4 Emergency Vehicle -Preemption: LarpenteL and Edgerton (F) PUB - L IC HEARINGS 1. Southlawil. Avenue, Pro ject 79 -15 (7:30. 20 Brookvievi Drive Storm Sewer, Pro ject 78 -20 (7:45 p.m. ) - 30 Street V D Street (Bauer). ( p . m. ) 4 Code Amendment: Non Conforming Us -es (2nd Read i nq } (8:15 p.m.) 50 Special Use Permit: 1950 Cl arence Street• (Lyng ) (8 : 30) ( AWARD OF BI - None (H} UNFINISHED .BUSI 1. Rezoning: White Bear Avenue (Johnson) (I� VISIT(}R PRESENTATION ;'. _ � � I �!� . i ;,; 1 .. . .11 . NE!�! BIJS I NESS _ . I r i ., i I 1. - 4 , - .. ! I . 1. . I . I : t . i 1,1.• ; 11 ;. . r . . R �r rSr� E . . epi of Sewe e v ce. 1935 Larpenteur . . ... ... . .. , il, 1. _ . .. . . . .: : . . . . .. 2 * F� nal . P1 ans Frost Avenue Connects on - .. .. .. . : . .. f Ill -11 I'll Pr1.. o e%c 78-� J . . t I t .'V. � . 1. . . . . I ,. . - :. '. 3. 1 an Revs ew A eal . Northwestern• Banc -. p .. .:, . 3..,. 1. I.. :. Teri oras N , d n1. r. w J� lyres ....... . �. :: . 1 :; f" 4.. com rehensi.ve Plan U • date Resol uta on. ., p . . 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I I . - - Vl } MINUTES OF MAPLEWOOD CITY COUNCIL , 7:30 F.M., Thursday, June 5, 1980 Council Chambers, Municipal Building Meeting No. 80-14 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in tht Council Chambers, Municipal Building, and.was called to.order at 7:30 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman.G. Anderson, Councilman Present Gary W. Bastian, Councilman 'resent Frances L. Juker, Councilperson Present Earl L. Nelson, Councilman 'resent 1. Minutes No. 80-12 (May 1, 1980) Councilman Anderson moved to approve the. Minute;- of Meeting No. 80--12 (May 1, 198 0) as submitted. Seconded by Councilman Nelson. Ayes -- all. D. APPROVAL OF AGENDA Mayor Greavu moved to a prove the. Agenda as ame.ded: 1. Semi-phore County Road D'and White*Beer Avenue 2. Review of Storm Water trouble spots 3. White Bear Avenue Re -Zoning Hearings 4. Campaign sign regulations 5. Personnel Policy Review 6. Landfill dumping - private property resolutions T. Lawsuit Review 8. Maplewood in Motion format M 9. Correspondence 10. Duluth Storm Sewer 11. Council Meetings ° 12. Insurance 'Settlement Seconded by Councilperson Juker. Ayes -- all. E. CONSENT AGENDA Council removed Consent Agenda items 1, 2, 6, 8 and 9 to become J 11, 12, 13,14 and 15. Councilman Bastian moved, seconded by Councilman Anderson, Ayes all, to approve Consent Agenda items 3 4 5 and 7 as recommended.. --. 1 saw 6/5 t�ia. .� :r., -b-. ..r., .1.�., n,r, �. �M},'d � ;r5 't;RYx�c,i ,AL .s�..�'. .=r .1•As,• _ ... _ r 3. Close Nature Center Project Fund Authorized the closing of the Nature Center Project Fund by a transfer of $10,447 to the General Fund. - 4. M.P P.O.A. Convention - Peltier and Collins Approved the travel and training applications of�.Sgts. William Peltier and Kenneth Collins to attend the Minnesota Police and Peace Officer's Association Conference at Duluth, Minnesota, June 21 through 24, 1980. 5. International Fire Chief's Conference - Schadt Approved the travel and training application of Fire Marshal Al Schadt to attend the International Fire- Chief's Conference at Miami Beach, Florida, September 28 through* October 1, 1980. 7. Time -Extension - Crestview Third Addition Approved a 90 day time extension for the Crestview Third Addition Preliminary plat subject to the original conditions. J. NEW BUSINESS 1. A. Firefighters By Laws a. Councilman Anderson moved to approve the Maplewood Firefighters Relief Assoc- iation By Laws as submitted. Seconded by Counci.lperson Juker. ;.yes - all. b. Councilman Bastian .moved Mayor Greavu as ex --officio member of the Maplewood Firefighters Relief Association. Seconded by Councilman Anderson. Ayes all. 7. Appointment H.R.C. j a. Mr. Peter M. Fischer, 1812 Furness, explained his reasons for applying for membership to the Maplewood Human Relations Commission. b. Councilman Bastian moved to appoint Mr. Peter M. Fischer to the Maplewood Human Relations Commission for a three vear commission. Seconded by Councilperson Juker. Ayes —all. f) F. PUBLIC HEARINGS 1. Boxwood Avenue --- Improvement, 78-22 - 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the construct- ion of street watermain sanitary sewer, storm sewer and necessary appurtenances a � y in the following described area: generally bounded on east by Sterling Street.... on the south -by a line 400 feet south of Carver Avenue, on the west by McKnight Road, on the north by a line 1800 feet north of Carver Avenue. The Clerk stated the hearing notice was published and is in order. 2 - 6/5 - i , Assistant City Engineer Ken Haider explained the specifics of the proposal. c. Mr. James Miller, Morgantown, West Virginia, a developer in the above stated improvement. area, spoke on behalf of the proposal. d. Mayor Greavu called for proponents. No1:.ie were heard. e. Mayor Greavu called for opponents. The following were heard: Mr. Richard Frismanis, 2431 Carver Avenge Mr. Roger Singer, 1250 Dorland Road • Mr. George Nielsen, representing Capitol City Elementary School A gentleman residing at 590 Point Douglas Road Mr. Elmer Guetchoff, 1211 Dorland Road f. Mayor Greavu closed the public hearing. g., Councilman, Anderson introduced • the following resolution and moved its ado__pt on: 80-6-129 WHEREAS, after due notice of public hearing on the construction of sanitary sewer, wat-ermai.n, storm sewer, streets, curb and gutter, and necessary apT,)urten ances on Boxwood Avenue (Public Improvement. Project 78-22) a hearing on said. im- provement in accordance with the notice duly given was duly held on June 5, 1980, and the Council heard all persons desiring to be heard on the matter and has. fully considered the same,, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That i t is advisable, expedient, .an'd necessary that the City of Maplewood construction sanitary sewer, watermain, storm sewer, streets, curb and gutter, and necessary appurtenances on Boxwood Avenue as described in the notice of hearing thereon, and orders the same to be made, subject to the developer paying his share of costs. 2.. The City Engineer is designated engineer for this improvement and is .hereby directed to prepare final plans and specifications for the mak.' of said improvement. Seconded by Councilman Bastian. Ayes -- all. 2. Special Use Permit -.1195 Highway 36 - 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a request of F.E.D. Investment Partnership for a special use permit to operate an office - warehouse on property zoned M-1, Light Manufacturing.• The Clerk stated the hear- ing notice was published and is in order. b. Manager Evans presented the staff report. C. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: _ 3 6/5 r �b M :e "Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the special use permit at 1195 E. Highway 36 for the proposed mini_.. storage warehouse development based on the findings that: 1. The proposal is consistent with the City Land Use Plan; .2. The development will be compatible with the existing surrounding land uses. Commissioner Whitcomb seconded.. Ayes all." d. Mr. Ron Flanigan, 15 Thompson' Lane, the developer, spoke on behalf of the. proposal. e. Mayor Greavu called for proponents. None were heard.. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greajnx closed the public hearing. h". Councilman Anderson introduced the following resolution and moved its ado ti.on.: 80-6-130 WHEREAS, a petition was filed with the City of Maplewood as provided under Section 915, 010 of the Municipal Code of the City of Maplewood, said petition having been signed by more than 50% of the oumers of the property within 200 feet of the property described as follows: The W 250 feet -of Block 33, Clifton Addition, Ramsey County, subject to roads the E 210 ft of W 2501 of Block 20, Clifton Addition Ramsey County Minnesotaubj to. STH 36 and further rights, easements and conveyances to.the State of Minnesota under files Noy 1538655, No. 1538656 and No. 1539997* which has been proposed for Special Use Perml.t. WHEREAS, a public hearing was held on Juae 15, 1980 at. 7:45 P.M. in the. City Hall, notice thereof having been duly published in the official City newspaper, and notices of said hearing having been mailed to all property owners of record within 200 feet of the area proposed for a special use permit to operate an office warehouse on property zoned M-1, Light Manufacturing; and WHEREAS, the City Planning Commission has made its recommendations; and WHEREAS, it appears for the best interest of the public that said petition be granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition for the above described Special Use .Permit for F.E.D. Invest- ments Partnership, at 1195 E. Highway 36, be granted, subject to all conditions contained. in the Planning Commission recommendation.- Seconded ecommendation.Seconded by Mayor Greavu. Ayes --Mayor Greavu, Councilmen Anderson, Bastian and..Nelson. Councilperson Juker abstained. 6/5 K .i 3. Rezoning - White Bear Avenue 8:00 P.M. a.. Mayor Greavu convened the meeting fora public•.hearing regarding the request of Nu Way Builders, Inc.. to consider a change in zoning district from R-2 double dwelling, to R73 Multiple Dwelling on White Bear Avenue approximately 340 feet south of Radatz Avenue. .The Clerk stated the hearing notice was published and is in order. b. Manager Evans presented the staff report, C. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Fischer moved -that the Planning. Commission recommend that the City Council approve the rezoning on the northwest corner of the subject property to R--2, and the remainder of the property to R -3C based on the following findings: 1. Both proposed zoning districts are compatible with the Land Use Plan ' 11 . 2. The proposed R--2 zoning would be in character with the adjacent R-2 property to the north 3. The R -3C zoning would limit the type of development to townhouses, which would satisfy the neighbors concerns and . fit in with the applicant's Plans, Commissioner Kished seconded. Ayes -- 8 Abstained - Commissioner Howard." d. Mr. Sid Johnson, the developer, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f„ Mayor Grea-7u called for opponents. The following asked questions and pre- sented their opinions: Mr. Alan Doeltz, 2734 Chisholm Avenue, North St. Paul . _ Mr. John Stewart, 2730 Chisholm Avenue, No. St. Paul Mr. John A. Schmidt, 2750 Chisholm AvenuE�., No. St. Paul . Mr. Michael McKee, 2721 Chisholm Avenue, No. St. Paul Mr. John Linder, 2738 Chisholm Avenue, No. St. Paul Mr. Gerry Voto, 2736 Chisholm Avenue, N6. -Ste Paul M Mr. James Wagner, 2742 Chisholm Avenue, No. St. Paul g. Mayor Greavu closed the public hearing. . h. Councilman Nelson moved to___approve the rezoning from R-2 to R--3 as re nested by Nu -Way Builders, Inca located on the east side of white Bear Avenue 340 feet south of Radatz Avenue. Seconded by Mayor Greavu. Motion needed a four fifths vote to pass. --5- Ayes -- Mayor Greavu, Councilmen Bastian and Nelson. Nays - Councilperson Juker, Councilman Anderson. 6/5 .40 Commercial Revenue Note K -Mart 8:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding an appli- cation for a commercial revenue note to finance the_purchase and remodeling of a retail department store. The Clerk stated the hearing notice was public hed and is in order. b. Manager Evans presented the'staff report. ce Commissione-C. Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Prew moved d the Planning Commissio'n recommend to the City Council preliminary approval of the requested revenue note financing on the basis that it meets the existing Council criteria with particular emphasis on: 1. The project is compatible with the overall plans of the City; 2. The project would not require *' any significant gnificant amount of public expen- ditures for City improvements; 3. The project is a business that the City should attract; 4. There are no other discount retail stores in close proximity, Commissioner Barrett seconded. Ayes all." d. Mr. Robert Shaw, Dougherty -Dawkins -Strand and.Edstrom, spoke on behalf of the request, e. Mayor Greavu called for proponents. None were heard, f. Mayor Greavu called for opponents. None were heard. 9. Mayor Greava closed the public hearing. h. Mayor Greavu introduced the following resolution and moved its adoption: 80 6 - 131 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUS- TRIAL. DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURI- TIES FOR APPROVAL, AND AUTHORIZING PREPA- RATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Maplewood, Ramsey County, Minnesota (the "City"), as follows: le It is hereby found, determined and declared as follows.-, 1.1. The welfare of the State of Minnesota (the "State") requires active promotion, attraction, encouragement and development of.economically sound industry and commerce through -governmental acts to prevent., so far as possible, emergence of.blighted lands and areas of:..chronic unemployment, and it is the. policy of the -State of Minnesota to facilitate and encourage action by local government units to prevent the economic deterioration of such.areas to the point where the process can be.reversed only by total redevelopment through 6 6/5 the use of local, state and federal funds derived from taxation, with the attendant necessity of relocating displaced persons and of duplicating public services in other areas. 1.2. Technological change has caused a shif t to a signif icant degree in the area of opportunity for educated .youth to processing, transporting., marketing, service and other industries, and unless existing and related ,industries are retained and new industries are developed to use the available resources of the City, a large part of the existing investment of the --comm-- unity and of the State as a whole.in educational and public service facilities will be lost, and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and compensated and the lessening attraction of .persons and businesses from other areas for purposes of industry, commerce and tourism will deprive the City and the state of the economic and human resources needed as a base for providing governmental. ser- vices and facilities for the remaining population. 1.3. The increase in the amount and cost of governmental services re_ ..- quires the.need for more intensive development and use of land to provide an adequate tax base to finance these costs. 1.4. K -Mart Corporation a corporation (the "Company"), has .advised this Council that it desires tolacquire an existing shopping center and site and renovatea vacant discount -store and acquire and install fix- tures therein ( the "Project"), 1.5.. The existence of the Project in the City will contribute to more intensive development and use of land to increase the tax base of the City and overlapping taxing authorities and m=aintain and provide for an increase in opportunities for employment for residents of the City. 1.6. The City has been advised that conventional, commercial f inencing to pay the capital cost of the Project is available at such costs of borrow- ing that . the economic feasibility of operating the Project would be signifi- cantly i.gnifi- cantly reduced, but that with the aid of municipal financing and its result- ing low borrowing cost the Project is economically more feasible. 1.7. This Council has been advised by a representative of Dougherty, Dawkins., Strand & Ekstrom Incorporated, `-of Minneapolis, Minnesota, imiestment bankers and dealers in municipal bonds, that on the * basis ,of information submitted to them and their discussions with representatives of the Company and potential buyers of tax-exempt bonds, industrial development revenue bonds or notes of the City could be issued and sold upon favorable rates and terms to finance the Project 1.8. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds or notes to finance the cost, in whole or in part, of the acquisition, construction, reconstruction, improvement or extension of capital projects consisting of properties used and useful in connection. with a revenue producing enterprise; such as that of the Company; the issuance of such bonds or notes by the City would be a substantial inducement -to the Company to construct its facility in the City. 2. On the basis of . informa.tion given the City to date, it appears that it would be in the best interest of the City to issue its industrial development revenue bonds or notes under the provisions of Chapter 474 to finance the Project of the Company at a cost presently estimated not to exceed $4,3603,000 7 6/5 e .3. The Project is hereby given preliminary approval by the City, and the issuance of bonds or notes for such.purpose and in such amount is hereby approved, 'subject to approval of the Project by the Commissioner of Securities and to the mutual agreement of this body, the Company and the initial purchasers of the bonds or notes as to the details of the. bond issue . and provisions for thei;.r pay - mento In all events, it is understood, however, that the bonds or notes of the City shall not Constitute a charge, lien or encumbrance, legal or equitable, upon any property of . :the City except the. Project and each ` bond or note when, as, and if -issued shall recite in substance that the bond or note, including interest thereon, is payable solely from the revenues received from the Project and Exist- ing Plant and property pledged to the payment: thereof and shall not constitute a debt of the City. 4. In accordance with Minnesota Statutes, Section 47.4.01, Subdivision 7(a), the Mayor is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities for her approval of the Project. The Mayor, the Clerk, the City Attorney and other officers, employees and agents of the City areereby authorized to provide the Commissioner with any preliminary i , h nformation she may need for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Commissioner. Seconded by Councilman Anderson. Ayes - all. J 5. 'Approval to Submit Grant Application*- 8:30 -P.M. -.a. Mayor Greavu convened the meeting for a public hearing regarding an applic- ation for Community Development -Block Grant Bonus Funds to provide off --site public improvements to facilitate the development of a 57 unit apartment complex (Maple Knolls). The Cl.erk stated the hearing notice was published and is in order. .b. Manager Evans presented the staff report, .C* Councilman 1,,nderson moved to authorize staff to apply to the Metro oli tan Council for Bongs Community Development Funds to provide off-site public improve- meats (upgradin€ Southlawn Drive, -south of Beam Avenue) to facilitate the devel- opment of a 57 'unit apartment complex (Maple Knolls). Seconded by Couicilperson Juker. Ayes - all. X G. AWARD OF BIDS 1. Copy Machine -- City Clerk .a. Manager Evans presented the staff report: b. Councilperson Juker introduced the f ollowina resolution and moved its .ado tion 80-6-132 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Eastman -Kodak in, the amount of $1,376.00 per month (50,000 copies per month) for a two -(2) year period is the most responsible bid for the lease of a copier machine and the necessary City Officials are authorized and directed to enter into a contract with said bidder for and on behalf of the City, 8 6/5 � h .Sa^. w Seconded by Councilman Nelson. 2. Lift Station Reconstruction Ayes -- Mayor Greavu, Councilperson Juker, Councilmen Bastian and Nelson. Councilman Anderson abstained. a. Manager Evans presented the staff report. b. Councilman Bastian introduced the followin resolution and moved its ado_ tion: 80 6 133 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid.of F.F. Jedlicki., Inc. in the amount of $39,902.0.0 is the lowest responsible bid for the remodeling of Lift Station No. 7 (Arcade- Street) , and the Mayor ' and C -11-'erk are hereby authorized and directed to enter into a contract with said bidder . for and on behalf of the City. Seconded by Councilman Nelson. Ages - all. c. Councilman Bastian moved to . approve the transfer. of $6,500.00 from the Service Contingency Fund to a for the ex enditures that exceed the budgeted am,o un t . Seconded by Councilman Nelson. Ayes - all. 3. Copy Machine - Police Department a. Manager -Evans presented the staff report, b. Councilperson Juker moved to authorize a.24 month rental contract with. Savin Company for the lease of a Model 880 co ier for approximate) $230 per month. .. w •.wr•r .rte wrc. Seconded.by Councilman Bastian. Ayes -- all. H. UNFINISHED BUSINESS 1. Frank McGinley Audit a. Mayor Greavu stated Mr. McGinley could not make the meeting this evening and asked that the matter be tabled. . b. Councilman Bastian moved to table this item until the meeti mn z of June 19. 1980. Seconded by Mayor Greavu. Ayes -- all. 2 Rental Housing Mode - Second Reading a. Manager Evans stated the Rental Housing Code Ordinance is recommended for second reading. 4 b. Councilman Anderson introduced. the followin 10rdinance and moved its adoption: s.•,"..r::5: ORDINANCE NO. 486 ' Section 214 RENTAL HOUSING MAINTENINCE CODE AN ORDINANCE ESTABLISHING MINIMUM HOUSING STANDARDS FOR RENTAL DWELLINGS AND MULTIPLE DWELLINGS IN THE CITY OF MAPLEWOOD. The City of.Maplewood does hereby ordain: Section. 214.010.. TITLE. This ordinance shall hie cited. as the Rental Housing Maintenance Code. Section 214.020. PURPOSE. The purpose.of this ordinance is to assume a minimum level of standards and levels of maintenance for rental housing in the City. The general objectives shall include the following: l.. to protect the character-and.stability of residential properties within the City . 20 to correct and prevent housing conditions that adversely affect or are likely to adversely affect the life ,. -safety, . general welfare, and health, including the physical , mental' and social well --being of persons occupying dwellings within the City of Maplewood 30 to provide minimum standards for.cooking, heating, and sanitary equipment necessary to the health and safety of occupants of the buildings 4. to provide minimum standards for light and ventilation, necessary for health and safety - 5. to provide minimum standards for the maintenance of existing residential buildings, and to thus prevent deterioration and blight. Section 214.030. APPLICABILITY AND SCOPE. This Ordinance shall apply to rental housing only. The construction, repair, or alteraticn of residential property .shall, comply with the provisions of the housing maintenance code. Any alterations thereof or changes of use therein, which may be caused directly or indirectly by the enforce- ment of this Code shall be done in accordance with applicable sections of the Building Code and Zoning Code. Section 214.040. DEFINITIONS. 1. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.. 2. Where terms are not defined in this section and are defined in the Building Code or Zoning Code, they shall have the meanings ascribed to them in the... Building Code or Zoning Code. 3. Where terms are not defined in this ordinance or in the Building or Zoning Code, their common dictionary definitions shall control. 10 6/5 h 40. ...Unless otherwise expressly stated,, the following term I s s I hall, for the purpose of this ordinance, be: defined .as follows: a. :AEproved, as applied to a material,-devi' ce, or methodofconstruction,. shall mean approved by the enforcement -officer -under the provisions of,., this ordinance, or approved by`other authority designated by law* to gi..'ve. approval in the matter in question. ,be Basement is:,-that9 ortion of a building between floor and ceiling, which is p partly below and partly above grade., but so located that the vertical distance from grade to floor below is less than the vertical distance from grade to ceiling, CO Building Code shall mean the Building Code of the City of Maplewood including the Fire Code. d. Cellar i.s that portion of the building between floor and ceiling which.is wholly or partly below grade and so located that the vertical distance,,, from grade to floor below is equal to or greater than the vertical distance from grade to ceiling. e. Dwelling Unit is,.a.single unit providing complete, independent living facilities for one or more persons, including permanent provisions f oi`: living, sleeping, eating, cooking, and sanitation. fla'. Exterior Property Areas shall mean open space on the premises under the control of owners or operators of such premises. g. Enforcement Officer shall mean the City Manager.or his authorized repre- sentative. h. -Extermination shall mean the control and elimination of insects, rodents, or other pests by eliminating..their harborage places; by removing or making inaccessible materials that may serve as their feed; by poison spraying, fummigating, trapping, or by another recognized and legal pest elimination method. i. Grade shall 'mean the vertical location of the ground surface,, jS Gross Floor Area is the sum of the horizontal areas of the several floors of all buildings on a lot, measured from the exterior faces of exterior 'walls or from the center line of walls separating two buildings. k. Habitable Space (Room) is space in.a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space* 1. Infestation shall mean the presence, within or contiguous to a dwelling or premises, of noxious insects, rodents, vermin, or other pests. M. Multiple Dwelling. A building, or portio'ri thereof containing two or more dwelling units. n.. Occupant shall mean any person living and sleeping in a dwelling unit• ' or having actual possession of said dwelling - or. rooming unit. 0 I � 11 -- 6/5. 0* Operator shall mean any person who.has charge, care, or control of a multiple residence or rooming house, in which dwelling units or rooming units are let or offered for occupancy, P-. .0w . ner. shallmean owner or owners of the freehold of the premises or lessor 0 -state therein, a mortgagor or vendee in -possession assignee or rents, receiver, *executor, trustee, lessee, other person, firm, or corporation, in control of a. building, including thekt managers and agents.. q0 .0penable Area shall mean that part of a window or door which. is available for unobstructed ventilation and which opens directly to the outdoors. r.. Person shall mean an individual, firm, corporation, association, or partner- ship. so ..Plumbing or Plumbing Fixtures 'shall mean'. water heating facilities, water pipes, gas pipes, garbage dispo'sal units., water closets, waste pipes, sinks., installed dishwashers, lavatories, bathtubs, shower. baths, installed clothes washing machines, or other similar equipment, catch basins, drains, vents, or other similarly supplied fixtures, together with all I connection's to water., gas, sewer or vent lines. t. Premises shall mean a lot,, plot, or parcel of land including the building or structures thereon. U. Rental Dwelling. Any building or portion thereof which is designated or used primarily for residential purposes, which is rented or leased to another and not owner occupied, Y. Residence Building shall.mean a buildlin"g-7in which sleeping accommodatio--ns or sleeping accommodations and cooking facilities as a unit are provided.' W. Residential Property shall mean a building in which sleeping accommodations or sleeping accommodations *and .cooking facilities as a unit are provided. x.- Rooming House shall mean any residence building, or any part thereof, con- taining one or more rooming units, in which space is rented by the own I -e-n-r or operator to three or more persons who are not husband or wife, son or daughter, mother or father, sister or brother of the owner or operator. y. Rooming Unit shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not having standard kitchen facilities. Z. Supplied shall mean installed, furnished, or provided by the owner or operator. aa. Ventilation shall mean the process of supplying and removing air by natural or mechanical means to or from any space. - bb. Workmanlike. Whenever the words "workmanlike state of maintenance and -,.repair" are used in this chapter., they shall mean the standards of the trade or industry involved. cc. Yard shall mean all ground, lawn, court, walk, driveway, or other open space constituting part of the same premises as a"res.idence building. Section 214.060. EXTERIOR PROPERTY AREAS. 12 6/5 1. ,.Sanitation. All 'exterior property areas shall be maintained in a clean and ..sanitary condition, free from any accumulation . -of. refuse orgarbage, 20. Grading and Drainage. All premises sh all begraded and ma"ntained so as to, �prevent the accumulation of stagnant water, -)nding except."n natural occurring p. .. .areas on said premises, or within any building or structure located thereon, 30 Removal of Snow and Ice. The owner of a*multi ple family dwelling shall rc-="ove,, .or cause to be removed, all snow and 'Ice from parking lots, driveways, sups, and walkways on,the Premises, which may create a hazard to the public. Free from Noxious Weeds. All exteriorproperty areas shall be kept free from species of weeds or plant growth which are noxious or detrimental to the public health, 5* Insects and Rodents. Every owner of a dwelling shall be responsible for the extermination of noxious insects, rodents, vermin,, or other pests in all exterior areas of the.premises, Accessory Structures. All accessory structures, including detached garages, shall be maintained structurally sound and in good repair. Section 214.070. EXTERIOR OF STRUCTURES. 1. Foundations , Walls, and Roofs. Every foundation, exterior wall, roof ,, and . all other exterior surfaces shall be maintained in. n a workmanlike state of main-te- nance and repair. a. The foundation elements shall adequately support the building at all points. b. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, falling or loose stucco or brick, substantial amounts ofpeeling paint, and any conditions which might admit moisture to the interiorportions of the walls or to the interior spaces of the dwelling. c. The roof shall be tight and have no defects which admit rain, and roof drainage sha...11 be adequate to prevent rain water from causing dampness . in the walls. 2. Stairs, Porches, and Railings a, Every outside stair, every porch, and every appurtenance attached thereto ..shall be so constructed as to be safe in use and capable of supporting a load as determined in the Building Code, and shall *be kept in sound condition and good repair, b. Every flight of stairs which is more than four risers high shall have hand rails which are to be so located as determined by the Building Code; and every porch which is more than 18 inches above grade shall have rails to located and capable of,restraining a horizontal pressure, as determined by the provisions of the Building Code. 3. Windows, Doors, and Hatchways. Every window, exterior door, and hatchway shall be substantially tight and shall be kept in sound condition and repair, a. Every window shall be fully supplied with window panes which are without open cracks or holes.. 13 6/5 b. Every window sash shall be in good condition and fit reasonably tight within its frame, c Every window, other than a fixed window,shall be capable of being easily ..Opened and shall be held in an open or closed position by window hardware. d Every exterior door, door hinges, or doer latch shall be i'n.g good condition. e-0 Every exterior door,. when closed, shall fit reasonably well within its frame. fo Every window, door, and frame shall be constructed and maintained in relation to the adjacent wall constructions, as to exclude rain, and substantially to exclude wind from entering the dwelling,. - Every hatchway, shall be so constructed and maintained as to prevent the e I n - trance of rodents, rain and surface drainage water into the dwelling. h. Every door available as an exit in a dwelling shall be capable of being opened from the inside, easily and.without the use of a key, or special knowledge or effort. S * ection 214.080. INTERIOR STRUCTURES. All occupied dwellings shall.meet.the following requirements 1. Free from Dampness. All cellars, basements, and crawl spaces shall be main- tained reasonably free from dampness to prevent conditions conductive to decay and deterioration of the structure.. . .2. Structural Memh-.ers. The supporting structural members shall be maintained structurally sound; that is, showing no evidence of deterioration and being capable of bearing imposed loads in accordance with the provisions of the Building Code. 3. Interior Stairs and Railings a. All interior stairs shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting a load, as determined by the provisions of the Building Code. b. Every staii-well and every flight of stairs, which is more than four risers high, shall have handrails or railings so located in accordance with the provisions of the Building Code.. c. Every handrail or railing must be firmly fastened and must be maintained in good condition. Properly secured railings; capable of bearing normally imposed loads as determined by the Building Code, shall be placed on the open portions of the stairs, balconies, landings and stairwells. 4. Bathroom Floors Every toilet room floor surface and bathroom flook surface shall be constructed and maintained so as to .,be substantially impervious to water and so as -to permit such floor to be easily kept in a clean and sanitary condition. 5. Sanitation. The interior shall be maintained in a clean and sanitary condi- tion, free from .accumulation of refuse or garbage. 14 6/5 6. Harbora The owner of every dwelling shall be responsible for the extermination of noxious insects, rodents, vermin, or other such pests whenever an infestation exists in the interior of the dwelling. 7. Interior Walls, Floors, Ceilings and Woodwork All interior walls,, floors,, .ceilings and associated woodwork or trim must be maintained in a sound con- dition and in a workmanlike repair. Section 214.090. BASIC FACILITIES. The following facilities shall be required in every occupied dwelling unit: 1. Kitchen Facilities. Every kitchen shall incltde the following: a* A. kitchen sink in good working condition and properly connected to an approved, water. supply system and which provides at all times an adequate amount of heated and unheating running water under pressure, and which is connected to an approved sewer system, .b. Cabinets/or shelves for the storage of eating, drinking, and cooking equipment and utensils and for food that does not require refrigeration for safekeeping; and ,a counter or table for food preparation. Said cabinets/or shelves and counter or table.shall'be adequate for the per-14- missible occupancy of the dwelling unit and shall be of sound construction, finished wi",L---h surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. C. A stove or similar device for cooking food, and a refrigerator or simi.,Y-ar device for the safe storage of food, which are properly installed with all necessary connections for safe, sanitary, and efficient operation. Provided that such stove, refrigerator, or similar devices need not be..: installed 1Ahen a dwelling unit is not occupied and when the occupant is A. expected to provide same on occupancy, in -which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator, or similar device must be provided. 2. Toilet Facilities. Within every dwelling unit there shall be a nonhabitable room with an en -trance door which affords privacy to a person within said room and which room :is equipped with a flush water closet in good working condition Said .flush water closet. shall be equipped with -easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under'pressure to cause the water closet -to operate properly, and shall be connected to an.approved sewer system. 3. Lavatory Sink. Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall'be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated running water under pressure and shall beconnectedto an approved sewer s,ystem. Water inlets for lavatory sinks shall be located above the overflow rim of these facilities. 4. Bathtub or Shower. Within every dwelling unit there shall be a room which ..affords privacy to a person within said room and which is equipped with a 6/5 bathtub or shower in good working conditions. Said bathtub or showe•r may be in the same room as the flush water closet, or in another room, and shall. be properly connected to an approved water supply system and shall provide at all times an adequate amount.of heated and unheated water under pressure, -and shall be connected to an approved sewer system, Water inlets for bathtubs shall be located above the overflow rim of these facilities. .5 Door Locks and Security All exterior doors of dwelling shall be equipped with functional locking devices.. Multiple family dwellings shall be :furnished with door locks as follows: r a. For the purpose of. providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings, an approved security system shall be maintained for each multiple family building to control access. The security syrtem shall consist of locked building entrance or foyer doors, and locked doors leading from hallways into individual dwelling units... Dead-latrch type door locks shall be provided with lever knobs (or door knobs)-on,the inside of the building entrance � . •: doors and with key cylinders on -the outside of the building entrance doors. Building entrance door latches shall be -of a type that are per- manently locked from the outside and permanently unlocked from the. inside. .b. Every door that is designed to provide ingress or egress for a dwelling unit within a multiple family building shall be equipped with an approved lock that is a dead -locking bolt that cannot be retracted by end pressure, provided, however, that such door shall be openable from the inside with- out the use of key or any special knowledge or effort. 6. Removal of Basic Equipment or Facilities. No owner, operator, or occupant shall cause any facility or equipment, which -:_s required under this Ordinance, to be removed from or shut off from any occupied dwelling unit, except for :such temporary interrupti ons as may be neves A nary while actual repairs or alter'- ations are in progress, or during temporary emergencies. .7. Connection to Water and Sewer System, Every kitchen sink, lavatory basin, bathtub, or shower and water closet required under the provisions of this section shall be properly connected to a public water and sewer system or to an approved private water and sewer system and shall be supplied with hot and cold running water. .8. Water Heating Facilities. Every dwelling shall have supplied water heating facilities. which are installed in an approved manner, properly maintained, properly connected with hot water lines, .and which are capable of heating and delivering water to such a temperature c -,-.s to permit an adequate amount of .water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower, and laundry facilities or other similar units at a temperature of no less than 1_20 degrees Fahrenheit. 9. HeatilIL Facilities. Every dwelling shall have heating facilities. The owner .of said heating facilities shall be required to see that said heating facil- ities are properly installed, safely maintained, and in good working condit- ion. Said facilities shall be capable of safely and adequately heating all habitable rooms,. bathrooms and toilet rooms located therein, to a temperature consistent with State and Federal guidelines at three feet above the floor at all times when occupied. 10. Q eration of Heatin Facilit and Incinerator. Every heating or water heating facility and incinerator must be -installed and must operate in accordance with the requirements of the Building Code. Section 214.100. INSTALLATION AND MAINTENANCE. All occupied dwellings shall meet the following requirements: 1. Plumbing Fixtures. Every water line, plumbing fixture, and drain shall be. properly installed, connected, and maintained in working order, and mt :s t .be kept free- from obstructions, leaks, and defects and capable . of perform- ing the. function for which it was designed. All repairs .and installations must be made in accordance with the provisions of the Building Code. 2. Plumbing Systems. Every stack, waste, and sewer line shall be so installed and maintained as to function properly and be kept free from obstructions, leaks, and defects to prevent structural. deterioration or a health hazard. All repairs and installations must be made in accordance with the provisions of the Bui�' ding Code. Heating Equipment. Every space heating.; cooking, and water heating device located in a dwelling shall be properly installed, connected, maintained, and capable of performing the function for which it was designed in accord- ance with the provisions of the Building Code. 4. Electrical: Service Outlets, Fixtures. All dwelling units shall be supplied with electrical service that is adequate to safely meet the electrical needs of the structure in accordance with the provisions of the BuildJ`;ng Code. Every electrical outlet and fixture shall be installed, maintained, and connected to the source of electrical powers in accordance with the provisions of the Building Code. 5. All Facilities and Equipment. All required equipment and all building space anci parts in every dwelling shall.. be co.-structed in accordance with ti -,,.e pro- visions of the Building Code. All housing facilities shall be mainta:..ned in a clean and sanitary condition so as not to breed insects and rodents or produce dangerous or offensive gases or ordors. Section 214.110. LIGHT AND VENTILATION. A-11 occupied dwellings shall met�t the following requirements: 1. Natural Lin Dwellings. Every dwelling unit shall have at least one window of approved size facing directly to the outdoors or to a court, provided that if connected to a room or area used seasonally (e.g. por_.-ch) , then adequate daylight must be possible through this interconnection. 2. Li ht It Non --Habitable Work. -Space, In inulti.ple. dwellings, every laundry, furnace room, and all similar non --habitable work space shall have one supplied electric light fixture available at ,all times. .3. Light in Public Halls and Stairways. Every public hall and inside stairway shall be lighted at all times with an illumination of at feast five lumens per square foot in the darkest portion of the normally traveled stairs and passageways . 4. Electric -Outlets Required. All dwellings shall have an adequate number of electrical outlets and electrical lighting fixtures for normal usage, subject to the approval of the Electrical Inspector, OWN 17 - 6/5 :...... :.. .. 1. �,� _... � ,. 5. Adequate Ventilation,, Every dwelling shall have at least. one window which can be easily opened or such other device as will adequately ventilate the dwelling. s 6. Ventilation and Li ht in Bathroom -Closet Corgi artment. Everbath-- room and water closet compartment shall have at least ,one window for *ight and ventilation, except that no window shall be required in the bathrooms or water closet compartments equipped with an approved ventilation system. Section 214.120,x. MINIMUM STANDARDS FOR SAFETY FROM FIRE. All occupied dwellings. shall comply with t Le applicable provisions of the Fire Prevention Ordinances of the City of Maplewood and the following additional standards for safety from fire. 1. Exclusion of Residence Building from Sto,.r * 12Y Flammable Liquid. No- dwelling shall be located within a building containing any business handling, dis- pensing, or storing flammable liquids with 'a flash point of 100 degrees Fahrenheit, as defined by the 1976 Edition' of the NFPA Life Safety Code #101. 2. All exit requirements of the Building Code shall be complied with. !41 r r 3. Cookinand Heating Equipment. All cooking and heating equipment., components, and accessories, in every heating, cooking, and water heating device shall be maintained free from leaks and obstructions, be properly vented., and kept functioning properly so as to be free from fire, health, -and accident hazards. All installations and repairs shall be made in accordance with the regulations of the Building Code. 4.9 Approved U.L. smoke alarms, which are functional and in good working order, shall be provided in all dwellings, whera required by State law. Section 214.130. RESPONSIBILITIES RELATING TO THE MAINTENANCE OF DWELLING UNITS. .1. Ma.i.ntenance :. of Private Areas. Every occupant of a dwelling shall kee a in a clean and sInitary condition, that part of the dwelling and premises thereof, which he occupies, controls, or uses. 2. Maintenance of Shared or Public Areas. Every owner of a dwelling, containing two or more,.dwelling units, shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. 3. Disposal of Garbage and Refuse. Every occupant of a dwelling shall dispose of all his rubbish in a. clean and sanitary manner consistent with Section 1402 of the Garbage and Refuse Code. 4. Use and Operation of Supplied Plumbing Fixtures, Every occupant of a dwelling shall keep the supplied plumbing fixtures therein clean and sanitary and shall be responsible for the exercise of reasonable care in their proper use and operation.. 5. Installation and Care of Plumbing Fixtures Furnished bX Occupant. Every plumbing fixture furnished by the occupant shall be properly installed; main- tained in good working condition; clean and sanitary; and free from defects, leaks, or obstructions. 18 a 6/5 Section 214.140. ROOMING.HOUSES. No person shall operate a rooming house or shall.occupy or let to another for occupancy any rooming unit in any rooming house except in compliance with the provisions of every subdivision of this sectiono 1. Water Closet, Hand Lavatory,and Bath Facilities. At least one water closet,. lavatory basin, and bathtub or shower,, properly connected to an approved water and sewer system and in .good working condition, shall be supplied for each four rooms within a rooming house w4erever said facilities are shared. All such facilities shall be located within the residence building served and to be directly accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at ala times. 2. Minimum Floor Area for Sleeping Pur oses. Every room occupied for sloeping Purposes by one person shall contain at least 70 square feet of floor area. ,Every room. occupied for sleeping purposes by two or more persons shall contain at least 50 square feet of _floor area for each occupant thereof. � 3. Bed Linen and Towels. The operator of every rooming house shall change supplied bed -linen and towels therein at least once a week and prior ,!o the letting of any room to another occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner. 40 Shades, . Drapes, Etc. Every window of every rooming unit shall be supplied with shades, draw drapes, or other devices or materials which, when pro- perly used, Will afford privacy to the occupant of the rooming unit. 5. The operator of every rooming house shalt be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for the sanitary main- tenance of every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises, where, the entire structure of building within which the rooming house is contained is leased or occupied by the operator. 6. Every water closet, flush urinal, lavato:�-y basin, and bathtub or shower" shall meet -the design standards of Secti(_n 214.090 and shall be located with- in a room or rooms which, a. Afford privacy and are separate from the habitable rooms. b. Are accessible from a common hall and without going outside the rooming house. Section 214.150. VACATED DWELLINGS. The owner of any dwelling, which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety, and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors or windows, if unguarded, shall be deemed to be a hazard to the health, safety, and welfare of the public and a public nuisance within the meaning of this ordinance. - Section 214.160. HAZARDOUS BUILDING DECLARATION, In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may. be declared a hazar- dous building and treated consistent with the provisions of Minnesota Statutes. �. 19 6/5 .Section 214.170. ENFORCEMENT OFFICER. It shall be the duty of the Environ- mental Health Of f icial and his authorized representatives to enforce the provisions of this Ordinance. Authorized representatives, shall include the Buildin Inspectors, g 1. , ..the Director of Public Safety or his representatives, or the Health Of f icer. Section 214.180. INSPECTION OF DWELLINGS, GENERALLY. The enforcement officer shall. be authorized,:: to make or cause to be made inspections to determine the Con- dition of dwellings: and premises in order to safeguard the health, safety, and welfare of the public. The enforcing officer, or his . designated representatives, shall be authorized to enter any dwelling or premises at any reasonable time for the purpose of performing his duties under this Ordinance. If the owner, operator or person -in possession of the dwelling shall refuse to consent to the inspection and there is probably cause .to believe that a viola tion exists within the particular structure, a Search Warrant may be obtained. Section 214.190. ACCESS BY OWNER OR DWELLING. Every occupant of a dwelling shall give the owner or operator thereof, or his agent or employee, access to any part of such dwellingL unit, rooming unit, or . its premises, at reasonable times for the purpose of affecting such inspection and maintenance, making such repairs, or making such alterations as are necessary to comply with the provisions of this Chapter. Section 214.200. COMPLIANCE ORDER. Whenever the Enforcement Officer deter- mines that any dwelling, dwelling unit, or rooming unit, or the premises sur- rounding any of there, fails to meet the provision of this Ordinance, he may issue a Compliance Order .g=etting forth the violations of the Ordinance and ordering the owner, occupant, operator, or agent to correct such violations. This Compliance Order shall: 1, Be in writing 2. Describe the:1 location and nature of the violations of this Ordinance 3. Establish a time for the correction of such violation and notify of appeal recourse. 4. Be served upon the owner or his agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: a.. Served upon him personally, or b. Sent by registered or certified mail to his last known address, 01A C. Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the dwelling which is affected by the notice. Section 214.21.0. VARIANCE. Appeals of interpretation or variance shall be made to the City Manager. If not satisfied, further appeal may be made to the Board of Adjustments and Appeals according to established City procedures, The Board will hear requests for variance and interpretation of the ordinance., The Board may grant variances in instances where the strict enforcement would cause undue hardship because of circums tancesunique to thei.n.dividual property under consideration, and when it is demonstrated that such action will be in keeping- with the spirit and intent of the ordinance. 20 6/5 0 fa ...Section 21.4.211. VIOLATION - PENALTY. Any person, firm or corporation failing to comply with the provisions.of Section 214 of the Code shall be guilty of ' a Mio sdemeanor, and subject to prosecution. This ordinance shall be in effect from its passage and publication according to law. Seconded by Councilperson Juker. Ayes all. 3. Code Amendment -- Accessory Building Setback - Second Reading a. Manager Evans stated the City Council gave first reading to this ordinance on May 15, 1980. There were no changes suggested, I would, therefore, recommend ,approval of the ordinance on second reading. b. Councilman Anderson introduced the following ordinance and moved its adoption.: ORDINANCE NO 487 An Ordinance Amending Chapters 904 and 905 of the Maplewood Municipal Code Relating to Accessory Building Setbacks BE IT ORDAINED BY THE COUNCIL OF THE CI'T'Y OF MAPLEWOOD AS FOLLOWS: Section 1. Section 904.050 is hereby amended to read as follows: 904.050. SIDE YARD REQUIREMENTS. Each lot shall have two side yards, one on each side of the building. For every building erected or structurally altered, each side yard shall have a width of not lees than five feet (5f t.) subj est to the following modifications 1. On a. corner lot, the side yard on the street side of such corner 1_ot shall have a width of not less than thirty feet (30f t.) . 2. A church, public, parochial, or private school shall have a side-, of not less than fifty feet (50f t .) on each side adjoining other property. 3. When two or more adjoining lots are, used as a single building site the side yard requirements shall apply only to the outside lot lines. 904.060 and 905.060. REAR YARD REQUIREMENTS. 1. The rear yard for each lot shall have a depth equal to., or greater than, twenty percent (20%) of the depth of the lot. 2. The setback for dwelling accessory buildings shall be not less than five feet (5f t.) from the rear lot line except that on a corner lot, a thirty foot (30f t.) setback from the street side shall be the minimum. 904.090 and 905.080. BUILDING SEPARATION REQUIREMENT. Separation between an accessory structure and a principal. structure or another accessory structure shall be in conformance.with Building Code requirements. Section 2. This Ordinance shall take . ef feet upon .its passage and publication.. -� 21. 6/5 e Q -Seconded by Councilman Bastian. Ayes Councilperson. Juker, Councilmen Anderson, Bastian and Nelson, Nays Mayor Greavu. c. Councilman Anderson introduced the following ordinance and moved its adoption: ORDINANCE N.O. 488 AN ORDINANCE AMENDING CHAPTER 912 OF THE MAPLEWOOD MUNICIPAL CODE RELATING TO ACCESSORY BUILDING SETBACK .BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS Section 1. Section 912.010 is hereby amended by adding subsection 8 as follows: 912.010 (8) EXPANSION OF ACCESSORY BUILDINGS, An accessory building which is � caused to be non -conforming, due to an. amendment to the Zoning Code, may be ex- panded if the following conditions are met: a. The building is zoned properly b. The building was a conforming structure prior to the effective date of Ordinance No. 488. c. All presently applicable Building Code requirements are met d. All portions of said structure are on the Applicant's property e. Runoff_ from the overhang of said structure is not adversely affecting an adj acen .1: property f. Any proposed building addition shall be made away from side and rear lot lines. Section 2. This Ordinance shall take effect upon its passage and publication, Seconded by Councilman Bastian. Ayes -- Councilperson Juker, Councilmen Anderson, Bastian and Nelson. Nays - Mayor Greavu. 4. Pigeon Ordinance -- Second Reading a. Manager Evans recommended second reading on the submitted ordinance. b. Councilman Anderson introduced the following ordinance and moved its adoption: ORD INAN.CE NO Q 4 8 9 AN ORDINANCE AMENDING SECTION 916.010 CONCERNING THE ZONING CODE BE 7T ORDAINED BY THE COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS: Section- 1. Section 916.010 is hereby amended by adding thereto . the follow-• wry / / ws 6/5 /5 -• fir' x' ing subsection:, .916.010 Subsection (17) The term animal shall 0 1 # ma 11 mean any animate being., except a human being, which is endowed with the power .of voluntary motion, in- cluding but not limited to fJLsh, birds., mammals, reptiles and insects. Section 2. This ordinance shall -take effect and be enforced from and after its passage and publication as provided by law. Seconded by Councilman Bastian. Ayes all. S. Linwood Heights - Time Extension and Developers. Agreement a.* Manager Evans presented the staff report recommending approval of the time extension for 90 days. b. Mr. Ken Gervais, the developer, spoke on behalf of the proposal. c.6 Councilman Nelson moved 'to approve the .extension of the preliminary plat of Linwood Heights. Seconded by Councilman Anderson. Councilman Nelson withdrew his motion, Councilperson Juker, moved to extend the meeting fast the 11:30 P.M. deadline, Seconded by Councilman Anderson. Ayes Mayor Greavu; Councilperson Juker., Councilmen Anderson and Nelson. Nays - Councilman Bastian, d. Councilman Anderson moved to approve the - 90 day extension for the Linx-food. Heights Preliminary Plat and introduced the following resolution and moveC1. its adoption. 80 - 6 - 134 WHEREAS, the developer (Castle Design and Development Company, and Dawn Development) oJ.-' Public Improvement Project No. 78-10 have not provided the necessary financial 'guarantees to proceed with mentioned project, and the Council desires to proceed with the preparation of final plans and specifications; NOW., THEREFORE,, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as f ollows: The City Engineer is hereby directed to prepare final plans and specifications for the aforementioned project provided the ' developer (s) pays all costs fOr the preparation of these plans and specifications. Seconded by Councilman Bastian. Ayes - all. 1 .6. Purchasing Procedures W.M. 23 - 6/5 ' - Manager Evans stated he had noted that there is not a purchasing procedure which has been officially. adopted by City Council. uncil. The -submitted purchasing p6li.cy relfects both state law and present practices, I believe that it is best to have a formal procedure adopted by you so that there is no d . oubt on anyone's part as to the prop-er methodology to be followed. Good purchasing practices are a cornerstone of any operation. It is my intention and that of staff to keep on top of all expenses. A properly adopted procedure is one important facet involved in the total purchasing program. would recommend your adoption of the submitted purchasing policy, b. . Councilman Nelson introduced 'the 'f o'llowil ng *resolution and moved its aS9iton: _y 80--6-135 RESOLVED BY 'THE COUNCIL OF THE CITY OF MAPLEWOOD that the following Purchasing Procedures Policy is adopted: le Section .l. Introduction. I All purchasing by local government units is regulated by State law. Because ,of these laws, and because of the unique nature of budget and tax levy procedures for. funding City 'government, it is essential that all City employees conform to the purchasing procedures set forth below, The - role of the City Manager is to review and approve departmental purchases, or monitor the purchasing actions of the depal,-^tment'head. The role of the Finance D'irector is to insure that pr . oper payment procedures are adhered to and that the distribution of purchase orders is controlled. Purchases Over _�10,000 :A.. All merchandise, materials or equipment exceeding $10,000, except emergency purchases., must be purchased on a formal bid. The following procedural requirements must be met before an item may be purchased. 1. Written notification by a 'department "Aead to the City Manager that items or services over $10,000 aAe needed including supporting narrative as to the amount of funds budgeted or the intended source of funds. 2. Advertisement in the local newspaper 1.0 days in advance of bid ... opening is required. 3. Time for tabulation of bids and submission of recommendation to the Council must be allowed. ,4. Council award of the bid, The Council may wish to table an award on a difficult mat -ter thereby delaying the purchase. Therefore., careful consideration must be. given to the complexity of an 'item. B,,.It shall be the responsibility of the requesting' department to prepare, specifications. After specifications have been prepared, they shall be sub- mitted to the Man ' ager's office for approval, No request to advertise for bids shall be published until specifications are approved by the Manager's office, 24 6/5 .,C,* Once the Council has awarded the bid, a requisition form shall be prepared by the department head for signature by the Managerrs office. Distribution of the purchase order, receiving and reporting of the goods, and paymentP ro-- cedures will be as determined by the Gity Manager. PurchasesBetween $10,000 and $1,000 All merchandise, materials, or equipment under $10,000 but more than $1,000 which have been budgeted may be approved for purchase by the City Manager 'but only when quotations are obtained by supplying vendors with a description. or spec I f i.cation ofthe merchandise, materials, or equipment to be purchased. A minimum of two (2) quotations, whenever possible, shall be supplied for such purchases. Such quotation shall accompany the requisition request and be maintained as part of the City's records. The .requesting department head should also be prepared to demonstrate to the Manager that a better price cannot be ,obtained by formal bid on such items. Purchases Under $1,000 The majority of items in this category are considered to be purchases of materials, -supplies and equipment for day to day use. Each department is required to develop a list of vendors where such items can be purchased at the b.esl-- price. Purchase of these items (as well as those above $1,000) are to follow the following guidelines. Minor changes in the guidelines - or procedures that do not of f ec t the basic intent of this policy may be made by the City Manager. LIMITED PURCHASE: ORDERS 1) Can be used for all purchases up to $100. 2) Employee placing an order shall fill out the limited purchase order when order is made or merchandise is picked up and the White copy should be given. to the vendor. (however, if the vendor requires that a purchase order be sett to them, this procedure can not be followed. Instead, a requisition should be prepared and noted on it that a purchase order was needed.) 3) Af ter the merchandise or service is received, the employee should indicate on the yellow copy of the limited purchase order that there had been complete delivery of items ordered. The yellow copy should then be sent to the Finance Dept: as indication that the invoice was OIC to pay. In the case of pcgrtial deliveries, a report of goods received form should be prepared for each partial delivery and the yellow copy should be sent to the Finance Dept. after the final delivery. 4) The three copies of a completed limited purchase order are.distr buted between the vendor, Finance Dept. and department making the purchase. REgUISTIONS 1) Used for purchases when merchandise or service is to be ordered and exceeds $100 or when a vendor requires a purchase order. 2) Quotations from two vendors should be listed on requisition when purchase exceeds $100. . 3) Purchase orders are issued only when requisition is noted f'P �0. needed'. 4) Must be approved by the City Manager (when required) and the Finance Dept. PRIOR to ordering merchandise or service, Copy of approved requisition (or purchase order if needed) will be returned to' department making the purchase. 5) 0n items formally bid, a requisition should be sent through the City lJAnager to the Finance Dept. after awardof bad by- City Council.® - This enables' - 25 6/S . L creation of an encumbrance on budget reports. ,6) After the merchandise is rece*ved or service completed, a Receipt of Goods/ Services Form must be sent to, the Finance Dept. This serves as notification that the bill i.s OK to pay, CHECK EST FORM 1) In general, to be used only when bill or. invoice has been received and attached to the for n)* Examples of authorized usea are: (a) Payments required by contract, W Subscription and membership fees. (c) Routine repair and mtnce-,., (up to $300). W Pay for temporary employees. (3) Employee reimbursement,, (f) When vendor requires a cash purchase. 2) Normally a check will be issued only after Council has approved payment. POLICE UNIFORM PURCHASE ORDER FORM, 1) This f orm Lshould be used by all patrol officers covered by the Local _320 con- tract. Officers not covered by the Local 320 contract should submit check request Form with an approved uniform authorization Form attached.) 2) The procedure for use of the form is as follows: A. Officer will insert name, date, and quantities on this form w-i'th a duplicate copy. B. The original 'and duplicate will be submitted for approval by either a -Lieutenant,, the deputy chief,, or Chief. Upon approval. it ,gill be signed, dated, and assigned a P.O. number. In addition, the cost amounts will be inserted and a copy of the approved form will be transmitted to the Finance Department* C. Thc officer will take the original to the supplier and pick up the items approved. If all items were not in stock, officer will -take wi-�-h him what is available. D. The officer will complete a report of goods received form and trans- mit this to the Finance Departmel'It. If all items were not in stock,, a second report of goods received form will be completed upon receipt of the remaining items ordered. E. The Finance Department will process payment of invoices received from the supplier after matching the -invoice with the appropriate report of goods received form and a police uniform and equipment purchase order. Emer_encZ Purchases The statutes specifically state that all contracts, either for materials or for construction purposes., require an expenditure of $10,000 or more must .be let to the lowest responsible bidder after notice has been published in the official newspaper. Exceptions to this rule may be made only in the case of an emergency. The existence of an emergency is a question of fact requiring determination by the Council. Distribution of ProperLX Property removed from inventory to be sold, salvaged, or traded, shall be approved by the- City Council if the value of property to be disposed exceeds $1,000. Other property to be disposed of must have the approval of the City Manager. Any request to dispose of property must. be in writing and submitted to the 2 6 6/5 City Manager. If the value of the property exceeds $1,000 the City Council must authorize the disposal. Upon approval "to dispose of property the following procedures shall be implemented:. Either 1) A notice of public. sale, or :request for offers shall be publi:hed S in the legal newspaper. at least ten days in advance of- the close of offers. The notice shall specify the property to be dispose,,1-d of and the location and time (s) that the property can be examined. The,.property will then be sold to whoever presents the highest bona fide offer .to the City by the close of offers. Or., 2) The property to be disposed of shall be delivered to the custody of the Police Department tobe sold at public auction as per the Municipal Code Chapter 23 Article . III. All proceeds from the sale of property shall be deposited into the fund f.rom which the property was originally paid, and if in doubt, to the General Fund, Seconded by Councilperson Juker. AyCouncilmen Councilperson Juker, Coui Anderson and Nelson. Nays - Mayor Greavu, Councilman Bastian, I; - VISITOR PRESENTATIONS None. Councilman Anderson left the meeting at ll: 50 P.M. J. NEW BUSINESS (continued) 1. Authorization to Sell Bonds a. Manager Evans presented the staff report and recommended the following: 1. Adopt the resolution providing for the sale of $2,950,000,00 temporary improvement bonds. 2. Adopt the resolution providing for the sale of $570,000 fire station bonds. - b. Mayor Greavu introduced the following resolution and moved its adoption: 80 6 136 RESOLUTION PROVIDING FOR PUBLIC SALE OF $229502000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS OF 1980 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: .1. It is hereby found, determined and declared that this City should., issue $2,,950,000 General Obligation Temporary Improvement Bonds of 1980 to defray the expense of various improvements.in the City.' ow 27 - 6/5 2. This Council shall meet at the time and -place specified in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of $2,950,000 General Obligation Temporary,Improvement Bonds of 1980 of said City, .3. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of, said meeting to be published in, the official newspaper of: the City and in Commerc.ial West not less than ten days in advance of date of sale as provided by law, whilch. notice shall be in substantially the form set forth in Exhibit -A attached hereto. 4. The terms and conditions. of said bonds aild the sale thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorpor- ated herein by reference, EXHIBIT A NOTICE OF BOND SALE $2,9501000 CITY OF MAPELWOOD RAMSEY COUNTY. MINNESOTA GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS OF 1980 These bonds will be offered Thursday, July 17, 1980. Bids will be opened at 3:00 pe -m., Central Daylight Time at the offices of Juran & Moody, Inc., 114 E' 75h Street, St. Paul,. Minnesota and will be presented to and acted upon by the City Council at 7:30 p.m., Central '-"ime in the Council, Chambers of the City Hall in. Maplewood, Minn- esota. The bonds will be dated August 1, 1980 and interest will be payable August 1., 1981 and semiannually thereafter. The bonds will be general obligations of the Issuer for which its unlimited taxingpowerswill be pledged. The bonds will mature on April 1, 19830 All bonds are subject to prior -payment on August 1, 1981 and any interest payment date thereafter at a price of par and accrued interest. Sealed bids for not less than $2,907,'000.and accrued interest on the principal sum of $2,950,000 will b,e accepted. No rate of interest nor the net effective average rate of the issue may exceed 12% per annum. An acceptable approving legal opinion will be furnished by Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. The proceeds will be used to finance various improvement in the City. Dated.* June 5, 1980 BY ORDER OF THE CITY COUNCIL Is/ Lucille Aurelius 1 .1 City Clerk Additional information may be obtained from: Juran & Moody,, Inc. 114 East Seventh Street St. Paul, Minnesota 55101 Telephone No: 612-298-1524 EXHIBIT B OFFICIAL TERMS OF BOND SALE $2,9503,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS OF 1980 CITY OF MA.PLEWOOD RAMSEY COUNTY MINNESOTA NOTICE . IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: These bonds will be offered Thursday, July 17, 1980. Bids will be opened at 3:00 p.m., Central Time at the offices of Ju ran & Moody,. Inc. , 114 . E- 7th Street,. in St. Paul, Minnesota and will be presented to and acted. upon by the City Council at 7:30 p.m., Central Time in the Council Chambers of the City Hall, in Maplewood, Minn- Eisota. TYPE OF BONDS:. Negotiable coupon general obligation. bonds, $5,000 denominations or larger at the option of the purchaser. DATE OF BONDS: August 1, 1980s PURPOSE: To finance various improvements in the City. .INTEREST PAYMENTS: August 1, 1981, and semi-annually thereafter on February 1 and Ati.gust 1. MATURITY: August 1, 1983. REDEMPTION: At the option of the, issuer, all bonds shall be subject to prior payment, in inverse order of serial numbers, On August 1, 1981 and any interest payment date thereafter, at a price of par and accrued interest. PAYING AGENT: Bidder's discretion. CUSIP NUMBERS: It is anticipated that CUSIP numbers will be printed on said bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a f allure or ref usa.l by the purchaser thereof to accept delivery of and pay for said bonds in accordance with terms of the purchase contract. r. M DELIVERY: . Forty days. after award subject -to approving Legal opinion o.f,Briggs and ° Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Bond printing and legal opinion will be paid by issuer and delivery will be any -- where in the continental United States without cost to the purchaser. Legal opinion will be printed on the bonds at the request of the successful bidder. TYPE OF BID: Sealed bids of not less than $2,907,000 and accrued interest on the pr'ncipal sum of $2,950,000 from date of wbonds to date of delivery. must be filed with the undersigned prior to the time of sale. Bids must be unconditional except as to. Legality. A certified or cashier's check in the amount of $59,000, payable to the order of the Finance Director of . the issuer must accompany each bid, to be . f orf eited as liquidated damages if bidder fails to comply with accepted bid. Bids.for the bonds should be addressed to: Daniel F. Faust Director of Finance City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 551.09 RATES: A-1.1 rates must be in intergral mul t pies of 1/20th or 1/8th of U and may not exceed 12% per annum., Addit- ional interest coupons may not he used. No limitation is placed upon the number of rates which may be used. . AWARD: Award will be made solely on the basis of -lowest dollar interest cost, deter -- mined by addition of any discount to the total interest on all bond:3 from their date to their stated maturity. The net effective average rate of the issue may not exceed 12% per annum. The Issuer reserves the right to reject any and all bids, to waive informalities and to adjourn the sale. Dated: June 5, 1980 . BY ORDER OF THE CITY COUNCIL ` /s/ Lucille E. Aurelius City Clerk. WSW 30 6/5 a Additional information .may be . obtained from: JURAN & MOODY, INC. 114 East Seventh Street ' St. Paul, Minnesota 55101 Telephone No. 612--29.8--1524 Seconded by Councilman Nelson. Ayes -- all C.. Mayor Greavu introduced the followin resolution and moved its ado tion: 80-6-137 RESOLUTION PROVIDING FOR PUBLIC SALE OF $5.70,000 GENERAL OBLIGATION FIRE STATION BONDS of 1980 �r BE -IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows 1. It is hereby found, determined and declared that this City should issue $570,000 General Obligation Fire Station Bonds of 1980 to defray the expense of the acquisition and betterment of a fire station for the City. 2. This Council shall meet at the time and place specified in the form -of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of $570,000 General Obligation Fire Station Bonds of 1980 of said City. 3. The City Clerk is hereby authoirzed and directed to cause notice of tI:le time, place and purpose of said meeting to be published in the official newspaper cf the City and in Commercial West not less than ten days in advance . of date of sale, as provided by law, which notice shall be in substantially the form set forth in. Exhibit A attached hereto. 4. The terms and conditions of said bonds and the sale thereof are fully, set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and. Il-1cor- . porated herein by reference. EXHIBIT A NOTICE OF BOND SALE $570,000 CITY OF MAPLEWOOD RAMSEY COUNTY MINNESOTA GENERAL OBLIGATION FIRE STATION BONDS OF 1980 These bonds will be offered Thursday, July 17, 1980. Bids will.be opened at 3:-00 p.m., Central Daylight Time at the of_ f ices. of Juran & Moody, Inc., 114 E. 7th Street, in Ste Paul, Minnesota and will be presented to and acted upon by the City Council at 7:30 p.m., Central Daylight Time in the .Council Chambers of the City Hall in Maple- wood:, Minnesota.. The bonds will be dated August. 1, 1980 and interest will be. payable August 1, 1981 and semiannually thereafter. The bonds will be general obligations �. 31 6/5 ,.. ....:.. . r i of the Issuer for which its unlimited taxing powers will be pledged. The bonds will mature on August.1 in the amounts and years as follows: $50,000 1981 $502000 1986 $50,000 1982 $50,000 1987 $50.,000 1983 $70,000 1988 $50,000 .1984 $75,000 1989. $502000 1985 $75,000 1990 Sealed bids for not Less than $570,000 and a.ccured interest on the principal .sum of $570,000 will be. accepted. No rate of interest nor the net effective average rate of the issue may exceed 12% per annum. An acceptable approving legal opinion will be furnished by Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. The proceeds will be used for the acquisition and betterment of a fire station for the City. Dated June 5, 1980 BY ORDER OF THE CITY COUNCIL � /s/ Lucille Aurelius City Clerk Additional information may be obtained from: Juran & Moody, Inc. 114 East Seventh Street .St.. Paul, Minnesota. 55101 Telephone No.: 612-298-1524 EXHIBIT B OFFICIAL TERMS OF BOND SALE $570,000 GENERAL OBLIGATION FIRE STt.,TION BONDS OF 1980 CITY OF MAPLEWOOD RAMSEY COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that these bonds will be. offered for sale according to the following terms: TIME AND PLACE: ':`hese bonds will be offered Thursday, July 17, 1980. Bids will be opened at 3:00 p.m.,- Central Daylight Savings Time at the offices of Juran & Moody, Inc. 114 E. Seventh Street, in St. Paul, Minnesota and will 'be presented to and acted upon by the City Council at 7:.30 P.M... Central Daylight Time in the Council Chambers of the City Hall, in Maplewood, Minnesota. -� 32 6/5 TYPE OF BONDS: • Negotiable coupon general obligation bonds., $5,000 denominations or larger at.- the option of the purchaser. DATE OF BONDS: August.l, 1980. PURPOSE: To provide funds for the acquisition and betterment of a fire station for the City. INTEREST PAYMENTS: August 1, 1981, and semi-annually thereaf ter on February .1 and August 1. MATURITY: August 1 in each of the years and an-iounts as follows : 1981 1986 $50,000 .$509000 1982 $50,000 1987 $50,000 1983 $503,000 1988 $70,000 1984 $50,000 1989 $75,000 1985. $50,000 1990 $75.1000 REDEMPTION: All bonds shall be without option of prior payment. • .PAYING AGENT: r Bidder's discretion. CUSIP NUMBERS: It is anticipated that CUSIP numbers w.4.11 be printed on said bonds,. but xieither the failure to print such numbers on any bond nor any error with respect thereto shall constituc*...e cause for a failure. or refusal by the purchaser thereof to accept delivery of and pay for said bonds in accordance with terms of the purchase contract. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Bond printing and legal opinion will be paid by issuer and delivery will be anywhere in the continental United States - without cost to the purchaser. Legal opinion will be printed on the bonds at the. request of the successful bidder. TYPE OF BID: Sealed bids of not less than $570,000 . and accused interest on the principal sum of $570,000 from date of bonds to date of delivery must be filed with the undersigned prior-to the time of sale. Bids must be unconditional except as to legality. A certified or cashier's deck in the amount of $11,,400, payable to the order of the Finance Director of of the issuer must accompany each bid, ... 33 •,. 6/5 �WX. �1 2 Bids for the bonds should be addressed to: Daniel Faust Director of Finance Catty of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 RATES: All rates must be in integral multiples of 1/20th or 1/8th of 1% and may not exceed 12% per annum. Additional inter - est coupons may not be used. No limitation is placed upon the number of rates which may be used. AWARD: Award will be made solely on the basis of lowest dollar interest cost, deter-� : r mined by deduction of any premium from the total interest on all bonds from their date to their stated maturity. The net. effective average rate of the. -s sue may not exceed 12% per annum® The Issuer reserves the right to reject any and all-bids, to waive informalities and to adjourn the sale. Dated: June 5, 1980 BY ORDER OF THE CITY COUNCIL /S/ Lucille Aurelius . �City Clerk Additional information may b e ob to ine d f rom : JURAN & MOODY, INC. 114 E. Seventh Street St. Paul, Minnesota 55101 Telephone No. 612-298-1524 Seconded by Councilman Nelson. Ayes - all. 2. Appointment - Cable TV Committee a. Manager Evans presented the staff report. b. Council tabled. appointments to the Cable TV Committee to allow review of the resumes of the candidates. 3. Renewal of Park Lease - Holy Redeemer Church ' a. Manager Evans stated he had reviewed the proposed agreement between the Church of Holy Redeemer. and City of Maplewood and recoxmuend that the Mayor and Clerk execute this agreement. The new agreement makes some changes as follows: l) Item 9 in the new agreement states strongly that the City shall not extend Barclay Street -over said property. In the previous agreement Item 8 :*t>n.- �- 34 6/5 • dicated that Holy Redeemer Church is on record as opposing any efforts to extend and improve Barclay Street, etc.. 2) Item 12 in the new agreement indicates that this agreement may be terminated by giving 90 days written notice to the City. *The former agreement in Item 10 indicated that written notice would only have to be 60 days, 3) Item 13 in the new agreement indicates that the lease shall be for a' period. of 10 ye.arsas compared to:. the previous agreement -which. i ndicated. that the exclusive r1Lght to use the property by the City was for a term of 7 years, 4) Greg Dittrich, representing the Council at Holy Redeemer Church,. has requested that we sign the agreement so that the Church Council may also accept this at their June meeting® b. Councilman Bastian moved to approve the lease agreement with the Church of ,Holy Redeemer as submitted, ..Seconded by Councilman Nelson, Ayes - all. 4. Plan Amendment - 1530 McKnight Road ae Manager Evans presented staff report. • Councilman Bastian moved to waive the Rules of Procedures and extend the meeting until 12:30 A.M. . Seconded by Councilman Nelson. Ayes - all. b. Commissioner Lorraine Fischer presented the following Planning Commis;; ion recommendation: "Commissioner Whitcomb moved that considering the precedent that has been set and the fact the proposed amendment has not been 'Considered as part of the Comprehensive Plan Update, the proposal be tabled until 30 days after the Plan Update has been approved. Commissioner Howard seconded. Ayes all - Abstained: Commissioner Prew.11 c. Councilperson Juker moved to table this item until the Comprehensive Plan Land update has been completed. Seconded by Councilman Nelson. Ayes - all.. 5. Time Extension - Feasibility Study: Beaver Lake Hills a. Manager Evans.presented the staff report. b. Councilman Bastian moved to approve a 90 day time extension for the -_Beaver Lake Hills Preliminary Plat subject to original conditions and introduced the following resolution and moved its ,-ado ption: 80 0-- 6 - 138 WHEREAS, the City Council has determined that it 'is necessary and expedient that the are ' a described as Beaver Lake Hills Holding Pond and Drainage System (Maplewood Project 80-8) be impro-ved by construction of a holding pond and necessary drainage facillities; 35 6/5 • NOW, THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL OF MPLEWOOD,, MINNESOTA, that the improvement as hereinbefore described is hereby referred 't o the City Engineer, and he is instructed to report to the Council with all convenient speed advising the Council, in a pre-limitary.y lwa as -to whetherthe proposed improvement is feasible and should best be . mad e as proposed, and the estimated- cost of -the improvement as recommended. The developer is to pay for all costs of this: feasibility study. SecondedbyCouncilman Bastian*. Ayes - all. l,L'Accounts Payable a. Councilperson Juker moved to approve, theaccounts (Part Fees Services Expenses--- Check, Noe- 004285 through Check No. 004343- -$101_,806-.--0-2; _Check No.. 005722 through -Check No. 005852 - '$1,33,404.'*02: Part II - Payroll -Check No. 24327 -through Check No. 24458 - $50,880.84) in I theamount I nt of $286,'090.89 be paid. as submitted, M Seconded by Councilman Nelson. A-v40Tes --all. 6. Time Extension - Carsgroves Meadows - Forest Street Improvement 78-13 a. Manager Evans presented the staff report,,. • b. Councilman Bastian moved to approve a 90 day time extension for the-Carsgroves Meadows Preliminaa _Plat subject to the original conditions and introduced the fallowing resolution and moved its adoption: 80 - 6 - 139 WHEREAS.- the City Council has determined that it is necessary and expedient that the area described as Forest Street Improvement, Project 78-13 (Cargrove's Meadows Development) be improved by construction of sanitary sewer, storm sewer., .watermain., streets, curb and gutters and necessary appurtenances, and in -[---hat construction of said project will not begin within one year after project was originally ordered; NOW,, THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL OF M&PLEWOOD., MINNESOTA, that the- 'improvement as hereinbefore describe'd is hereby referred back to the City Engineer, and he is instructed to report to the Council with all corrienient speed advising the Council in a preliminary way whether or not the project is still feasible and should best be made as proposed, and the estimated cost of the improvement as .recommended. Seconded by Councilperson Juker. Ayes - all. 7. Appointment - HRC Discussed after Consent Agenda. 8. Southview-Radatz, Improvement 79-15 a. Manager Evans stated a revision to the feasibility study for the above. project, The proposal has been modified to provide the public facilities necessary for the 3 6 6/5 Maple Knolls Townhomes project to meet the requirement of the.PoUeD. approval as revised April 17, 19800 The estimated project cost is $336,700. H.U.D. Community Development Block Grant Funding in the amount of $273,400 is anticipated. In addition, the City is� currently applying for additional bonus funds available through the Metropolitan Council. It is recommended the Council hold a project hearing anticipating the difference between the project costs and grants be assessed to the benefiting properties J fronting South -lawn Avenue. No area.drainage assessment would be proposed. If the project is , ordered, it should be contingent on receiving the anticipated funding. A July 3, 1980 hearing date is suggested. b. Councilman Bastian introduced the following resolution and moved its adoption: 80 - 6 * - 140 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of Sbuthlawn 'Drive from Vale Avenue to Beam Avenue (Improvement Project 79-1 5) by construction' of sanitary sewer, storm sewer, service connections, street construction, drainage facilities and necessary appurtenances; and WHEREAS, the said City Engineer has prepared the aforesaid preliminary plans for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD..,, MINNESOTA, as follows: 1. The report of. the City Engineer adv.-tsing this Council that the proposed improvement of Southlawn Drive from Vale Avenue to Beam Avenue (Impro- gement Project 79-15) by construction of sanitcal.ry sewer, storm sewer, service connect- ions, street construction, drainage facilities and necessary appurtenances is feasible and should best be made as proposed,, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429., at an estimated total cost of the improvement of $336,725.00. 3. A public hearing will be held in the Council Chambers of'the City Hall at 1380 Frost Avenue on Thursday, the 3iL'd day of July, 1980, at 7:30 P.M. to consider said improvement. The noti(-,,e for said public hearing shall be in substantially the following form: NOTICE OF HEARING OF PUBLIC IMPROVEMENT .TO WHOM IT MAY CONCERN: WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota, deems it necessary and expedient that the improvement hereinafter described, be made; 0� 37 - 6/5 NOW,, THEREFORE, notice is hereby given that the pity Council will hold a public hearing on said improvement at the following time and place within the said City: Date and Time: July 3, 1980 at 7:30 P . M. - Location: Council Chambers of the City Hall, 1380 Frost Avenue The general nature of the improvement is the construction of sanitary sewer, storm sewer, service connections., street construction, . drainage facilities and necessary appurtenances in the following described area: From Beam Avenue on the north to White Bear Avenue on the East to Kohlman Avenue on the South and a line 2300 feet West . o f White Bear Avenue (Project 79-15) The total estimated cost of the -said improvement is $3-36,725.00. � y It is proposed to assess every lot, piece or parcel of land benefited by said improvement whether abutting thereon or not, based upon benefits received without regard to cash valuation. Persons desiring to be heard with reference to the proposed i.mprovemeilt should be present at this hearing. This Council_ proposes to proceed under the authority granted by Chapter ' 429 M.SeAe Dated this 5th -day of June, 1980, BY ORDER OF TITE CITY COUNCIL /s/ Lucille E. Aurelius City Clerk City of Maplewood, Minnesota Seconded by Cou1:-tcilperson Juker. Ayes - all. 9. Brookview Drive Improvement 78-20 a. Manager Evans presented the feasibility study for the above referenced project. It is recommended that the Council call for a public hearing on July 3, 19-80, and _ determine the project has no impact on the Comprehensive Plan by adopting the attached resolutions. b. Councilman Bastian introduced the following resolution and moved its adoption: 80-6-141 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to .prepare preliminary plans for drainage improvement in the vicinity of Brookview Drive west of Century Avenue (linprovement Project 78 -20) -by con- struction of storm sewer and street reconstruction; and ... 38 `M' 6/5 ��,�. IMEREAS, the said City Engineer has prepared the aforesaid preliminary plans for the improvement herein described: NOW, THEREFORE,,, BE IT RESOLVED BY THE.CITY COUNCIL OF .,MAPLEWOOD MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed drainage improvement.in the vicinity of Brookview Drive by construction ofstormsewer and street=reconstruction is feasible. - and should best be made as proposed, is hereby received, .2. The Council will consider the aforesaid impro I vement in accordance with the reports and the assessment of benefited property for all .or a portion of the cost . of the improvement.,according to M.S.A. Chapter 429, at an estimated total cost of. the improvement of $36,000.00. 3. A public hearing will be held .in ..the Council Chambers of the City Hall at 1380 Frost Avenue on Thursday, the 3rd day of July, 1980, at 7:45 P.M. to consider said improvement.. The notice for said public hearing shall be in substantially the following form: NOTICE OF HEARING OF PUBLIC IMPROVEMENT • TO WHOM IT MAY CONCERN : WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota., deems it necessary and, expedient that the improvement hereinafter described, be made; NOW, THEREFORE,* notice is hereby given that the City 'Council will hold a. public hearing - on said improvement at the .following time and place within the said.City: Date and Time: July 3, 1980 at 7:45 POMV Location: Council Chambers of the City Hall, 1380 Frost Avenue' The ,general nature of the improvement is the construction of storm sewer and street reconstruction in the following described area: That area generally bounded by Century.Avenue on the east, Battle Creek on the south, Ferndale Street .on. the -west, and 1-94 on the north. (Project 78-20). The total estimated cost of said improvep-te.nt is $36,000,00, It is proposed to assess every lot, piece or parcel of land benefited by said improvement whether abutting thereon or not, based upon benefits received without regard to cash valuation. Persons desiring to be heard with reference to the proposed improvement should be present at this hearing.- I This Council proposes to proceed under the authorlty granted by Chapter 429M*SAe Dated this 5th day of June., 1980. 39 6/5 BY ORDER OF THE CITY COUNCIL ' %s/ Lucille E. Aurelius City Clerk_ City of Maplewood, Minnesota Seconded by Councilperson Juker. Ayes -- all. c. . Councilman Bastian introduced the following resolution and moved its 4dopti.on 80-6142 WHEREAS, the proposed public improvement of drainage facilities in the vicinity of Brookview Drive, west of Century Avenue, Maplewood Project 78-20, by construction of storm sewer and street reconstruction does not have any impact on the City Comprehensive Master Plan; NOW, THEREFORE, BE IT RESOLVED that, under the provisions of M.S. Section ,. 462.356, the City Council hereby waives the review of aforementioned project by the City Planning Commissions Seconded by Councilperson Juker. Ayes -- all. 15. Pedal.Power Workshop - Brainerd Police Cadets .a. Manager Evans stated there are four young persons who, as members of she Police Cadet Program, participated in bicycle safety programs this year and qual '.fy. for .the work shops. Transportation has been. arranged and reservations made. The City t s cost is $35.00per cadet, a total of $140.00. Naives and addresses of the cadets who will participate are as follows: Cathy Barry - :fan. Stacy 404 Graf ton Avenue No. 1503 E. Sherren Avenue Dan L`Allier Richard Clark 2232 DeSoto Street 2006 Clark Street b. Councilperson Juker moved to - a rove the par tic. ation of the four Police Cadets to attend the pedal power worksho in. Brainerd 'Minnesota June 9 13 1980 for a total of $140..00. r . Seconded by Councilman Bastian. Ayes -- all. The balance of the Agenda is continued to Tuesday, June 10, 1980, at 7:30 P.M. in the Council Chambers. Mo ADJOURNMENT 12:33 A.M. City�Clerk 40 6/5 ... .... ..... .:..... MINUTES OF MAPLEWOOD CITY COUNCIL Adjourned Meeting (June 5, 1980) 7:130 P.M., Tuesday, June 10, 1980 Council Chambers., Municipal Building Meeting No. 80-14 A. CALL TO ORDER Acting Mayor Nelson reconvened at 7:32 P.M. Meeting No. 800-14 (adjourned meen"Lng of June 5, 1980). B. ROLL CALL Earl L. Nelson, Acting Mayor Presen.t John C. Greav'u, Mayor Absent • Norman G. Anderson,, Councilman Present Gary W.'Bastian, Councilman Present Frances L. Juker, Councilperson Present J. NEW BUSINESS (continued) 10. Energy Audit a. Manager Evans stated the City has submitted a grant application to they Minnesota Energy c -audit" of eight City Agency for funds to conduct a "mini buildings. The best estimates are that this grant will be approved. In order to reipai'n elicrBible for grants funds to defray the more costly maxi- . audits and Energy Conservation Measures (ECM) j, our grant application must be submitted by June 30, 1980 and a completed mini -audit must be part of that grant application, Recommend that Council authorize the City Maiiager to enter into an agreement with a qualified firm for the conduct of a mini -audit of eight City buildings at aft estimated cost of $1,500.00. This would require a budget increase of $1,500 in the Unallocated A ' ccount of the General Fund arA an increase in anticipated revenues by the same amount, Q. b. Councilman Bastian introduced the following resolution and moved its a ion. 80--6-143 WHEREAS, it is considered. necessary and proper to 'participate in the Minnesota Energy Agency's Program to audit (.survey) buildings to identify potential energy conservation measures; NOW, THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Manager is authorized to enter into an agreement with a qualified firm for the conduct of an energy audit of eight city. buildings at an estimated cost of $1,500.00. Seconded by Cou,ncilperson Juker, Ayes - all. � 41 r, / s 11. Accounts Payable Discussed after J-5. 12. Close 1977-1978 Diseased Tree Projects a* Councilman Bastian moved to table this until the meeting of June 19,, 1980* Seconded by Councilperson Juker.. Ayes all, 13. Request for .Black Party 1367 Price Avenue-. a. Manager Evans stated that a request has been received from Ms.. Joan Misgen, 1367 Price Avenue, to block off Price Avenue from Clarence Street to Birmingham Street between 6:00 p.m. and 10:00 p.m. onThursday, June 19, 1980, for a block party, Staff recommends the City Council.consider the permit with the following condit- ions: 1. Noise and music will be kept to a low level so as not to disturb neighbors not participating, 2. The applicant obtain barricades and erect them at all times the • party is in progress. 3. The applicant insure that area is cleaned up after completiofi of party at 10:00 p.m. b. Councilman Bastian moved to approve the request of Ms. Joan Misgen for a block party on Price Avenue from Clarence Street to Birmingham Street, Thursday, June 19, 1980, subject to the recommendations of staff. Seconded by Coui-licilperson Juker. Ayes - all. 14, Land Use Plan Review - Other Communities a Staff submitted a report stating they had reviewed the proposed Land 1J.se Plans for Oakdale, Roseville and Vadnais. Heights. Comments on each plan are being forwarded to the indivudual cities involved. b. No action taken. 15. Pedal Power Workshop - Brainerd - Police Cadets Discussed on June 5, 1980. K. COUNCIL PRESENTATIONS 1. 'Drainage Problem - 1167 Glendon Street ,a. -Acting Mayor Nelson stated he had received a call from Mr. Bernard Johanson, 1167 Glendon Street, pertaining to a drainage problem at his home., b. Mr. Johanson explained his problem. ce Staff instructed to 'Investigate and take whatever steps necessary to.relieve the problem. - 4 2 6/5 a 26. Review of Storm Water Problems ' a. Councilman, Bastian requested staff to review and report back to council all complaints relative to storm drainage problems. Also.a report on the costs to relieve the situation. b. To be discussed at the "work shop" session 6:30 P.M., Thursday, June 26, 1980 in the Council. Chambers. 3. Block Party -- Mrs. Richard Miller o a.. Mrs. Miller' requested Council to approve her request to close Fenton Street during a graduation party June 15, 1980. The Director of Public Safety turned .down the request as being a hazard. b. Council took no action® 4. White Bear Avenue - Rezoning a. Councilman Bastian questioned the length of time it took for the proposal to be heard to rezone White Bear Avenue from Frost Avenue to Larpenteur Avenue, One of the owners had stated he didn't receive any notices of hearing. b. Staff stated everyone involved will be notified when a hearing date is - established. 5. Campaign Sign. Regulations a. Councilman .Bastian questioned if staff had reviewed other cities perta:1-nin.g to regulations of campaign signs. b. Staff . stated it had not been done recenl:l.y. 6. Personnel Policy Review a. Councilman Bastian asked several questions regarding employee evaluat-.ons, training of Department Heads for personnel work, etc. Councilman Bastian re- quested a report on total unfunded liability. .b. Staff stated a report of total employee unfunded liabilities has been prepared as of December 31, 1979. c. Councilman. Bastian stated he felt each employee should know what his salary is plus what the fringe benefits cost the CII..ty. .7. Landfall Dumping - Private Property Restrictions a. Councilman Bastian stated on the NE corner of Lydia and McKnight Road there was dumping of concrete and dirt and if the city has any regulations regarding dumping on private property, b. Staff will investigate. 8 Q Laws4t Review a. Council would like an update of all pending lawsuits. 43 6/5 4'r (w 9. Curb Cut a. Councilman Nelson stated he. had received a call from Mrs. Barb Johnson, 1150 Glendon, who has a curb cut that does not meet with their garage or house. She is requesting about 3 feet be cut off and reconstruct the curb cut and the City to pay costs. b. No action taken. Staff will be reviewing, --the entire area and will try to help, but this particular problem of Mrs. Johnsons is between the developer and herself. Y l Y1 T Y 1 T Y r• /1' T_ • YT M• T TT`7 T T T`1 .•a R� _ T IT7 • fin T n _ T iT 1. Insurance Settlement a. Manager Evans stated he needed council approval of an insurance. settlement involving a police vehicle. The settlement is $5,000 less the' $1,000 deductible. }` b. Councilman Bastian moved to accept the. insurance settlement as recommended • by the. Manager. Seconded by Councilman Felson. Ayes -- all. 8;45 P.M. City Clerk ... 4 4 6/5 MINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, June l9 1.980 Council Chambers, Municipal Building Meeting too.... 80-15 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 7:32.P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present. .Gary W..Bastian, Councilman Present Frances L. Juker, Councilperson Absent Earl L. Nelson, Councilman Present C. APPROVAL OF MINUTES 1. Minutes No. 80-12 (May 15, 1980) Councilman Anderson moved that the Minutes o.f Meeting No. 80-12 (May 15 1980) be approved as, submitted. Seconded by Councilman Nelson. Ayes - all. D. APPROVAL OF AGENDA Mayos Greavu moved to approve.the agenda as .amended: 1. Reconsideration 2. Tree.Removal Policy 3. Duluth Street Storm Sewer 4. Council Meeting 5. Lawsuit, 35E and Roselawn 6. Stop Sign 7. Beam Avenue Assessments 8. Supreme Court Decision 9. Recognition - Citizen Seconded by Councilman Bastian, Ayes - all. E. CONSENT AGENDA Councilman Anderson moved,..seconded by.Councilma.n Nelson, Ayes - all, that the Consent Agenda. Items 1 and 2 be approved as submitted, 1. Accounts Payable �. -- 6/19 ti MINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, June l9 1.980 Council Chambers, Municipal Building Meeting too.... 80-15 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 7:32.P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present. .Gary W..Bastian, Councilman Present Frances L. Juker, Councilperson Absent Earl L. Nelson, Councilman Present C. APPROVAL OF MINUTES 1. Minutes No. 80-12 (May 15, 1980) Councilman Anderson moved that the Minutes o.f Meeting No. 80-12 (May 15 1980) be approved as, submitted. Seconded by Councilman Nelson. Ayes - all. D. APPROVAL OF AGENDA Mayos Greavu moved to approve.the agenda as .amended: 1. Reconsideration 2. Tree.Removal Policy 3. Duluth Street Storm Sewer 4. Council Meeting 5. Lawsuit, 35E and Roselawn 6. Stop Sign 7. Beam Avenue Assessments 8. Supreme Court Decision 9. Recognition - Citizen Seconded by Councilman Bastian, Ayes - all. E. CONSENT AGENDA Councilman Anderson moved,..seconded by.Councilma.n Nelson, Ayes - all, that the Consent Agenda. Items 1 and 2 be approved as submitted, 1. Accounts Payable �. -- 6/19 Approved that the Accounts (Part I - Fees, Services, Expenses Check No. 004344 through Check No. 004389 $99,501.05; Check No. 005853h.rough Check No. 006000 -- $881,464.00: Part II - Payroll Check No. 24461 through Check`No. 24589 - $52,621.33) in the amount of $1,033,586.38 be paid. 2. Time Extension - 1938-40 Clarence Street Renewed the home occupation permit for a dance studio at 1938-40 Clarence Street for - Linda Hall Ruberto subject to compliance with the Uniform Building Code and Fire Safety Code. F. PUBLIC. HEARINGS 1. PUD Revision - Connemara -Condor Corporation 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Condor Corporation for a revision to their Planned . Unit Development to allow construction of a fourth building. The Clerk stated the dates the.. -hearing notice was published and is in order. b Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following vlanning Commission recommendation: "Commissioner Sherburne moved the Planning Commission recommend to the City Council denial of the proposed amendments. based on the following: 16 -The City's Land Use Plan was adopted in September, 1973, after a considerable amount of discussion, public hearings., and citizen input. It has since been. the basis for all of the City's Pla-,zning for sewer, water, storm water control, parks, streets and population projections. 2. The Land Use Plan.is based on maximum, rather than actual densities. While the present densities in the first two buildings may be lower than those projected in the Land Use Plan, densities may increase with changing birth rates and living patterns. 3. The fourth building would substantially exceed the number of units allowed by the City's Land Use Plan. 4. Since the 1973 Land Use Plan was adopted after the 1972 PUD permit, the City Council may reconsider the permit based on conflicts with the City Plan. 5. Since no building permits have been issued or foundations constructed, there is no significant vested interest in a fourth building. 6. The Land Use Plan is the basis for determining maximum densities in all multiple zoning districts in the City. 7. For the above reasons, denial of a fourth building is in the best interests of the public welfare. Further, the Commission recommends that Council revise condition #14 of the PUD permit. as follows, based on the findings in the first recommendation: -. 2 - 6/19 14. Approval is conditioned upon usage of buildings as condominiums. References to density for a fourth building in condition 14 of the 1972 PUD are deleted. Commissioner Fischer seconded. Ayes all." d. Mr. Dick Schabert, representing Connemara and Jim.Riley, President Condor Corporation, spoke on behalf of their request. e. Mayor Greavu called for persons who wished to be heard for or a-gainst the proposal. The following persons voiced their opinions: Mr. R. Peterson, Unit 4, 2485 Londin Lane Mr. Vernon Ide, Unit 314, 2485 Londin Lane Mr. Arnie Johnson, 2499 Londin Lane. f . Mayor. Greavu closed the public hearing. g.. Councilman Nelson moved to den the request of . Condor Corporation for a revision of the PUD based on the reconmendations of the -staff and Planning Com -- mission and moved to delte condition 14 from the PUD conditions relative to density*. Seconded by Councilman Anderson. Ayes Councilmen Anderson and Nelson. Nays - Mayor Greavu, Councilman Bastian. Motion failed. h. Mayor Greavu moved that the request of Condor Corporation for a 4th building be approved. Seconded by Councilman Bastian. Ayes - Mayor Greavu, Councilman Bastian. Nays -.Councilmen Anderson and Nelson. Motion failed. f- 3. Bodell Spirit Shop - Revocation of Bond - 7:45 P.M. aa. Mayor Greavu convened the meeting for a public hearing regarding the re- vocation of the Off Sale -Liquor bond for Bodell's Spirit Shop, 1690 White Bear Avenue, A hearing notice was delivered to Bodell's by the Police Department. b. Manager Evans presented the staff report. C. Mr. John Daubney, attorney representing Bodell's, Inc., spoke on behalf of his client. 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. -- 3 -- 6/19 g. Councilman Nelson moved to collect $1,000 in lieu of revocation of the off Sale.Liuor License Bond of Bodell's Inc., based on their conviction of under a e sellingof liquor and that the CCt donate :(the $l 000.00 to the Youth Service Bureau to be used in the chemical) de endencro ram. Seconded by Councilman Anderson. Ayes - all. G. AWARD OF BIDS 1. Insurance a. Manager Evans presented the staff report. b. Councilman Anderson introduced the followin resolution and moved its adoption: 80-6-144 RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City's insurance coverage for 1980 - 1981 be awarded to League of Minnesota Cities' Insurance Trust and Western World. (The insurance coverage for worker's compensation, auto and liability.) Seconded by Councilman Nelson. Ayes - all. H. UNFINISHED BUSINESS 1. Frank McGinley - Audit a. Mr. McGinley stated he still is asking Council to request the State Auditor to do a six (6) year audit of the City's finances. He also requested to be on the next agenda because he needs more information. b. No action taken. .2. Transfer to Close the 1977 and.1978 Diseased Tree Projects a.. Manager Evans presented the staff report. -4-- 6/19 b. Councilman'Anderson moved the transfers to close the 1977 and 1978 Diseased Tree Projects as follows: 1) Authorize a transfer to the County Ditch 17 proj ec.t. of the remaining surplus in the 1977 Diseased ,Tree project 2) Authorize a transfer to the sinking fund for the 1979 Bonds of the remaining surplus in the 1978 Diseased Tree project. Seconded by Councilman Nelson. Ayes all. 3. Cable TV Committee a. Manager Evans stated Council has approved a joint powers agreement with several other communites on the above subject, As a part of that agreement, you should appoint two persons to the j oint committee. Citizens who have expressed an interest in being on a Cable T.V. Committee are: Al Closmore, Retired Corps of Engineers, 2485 Lon.din Lane, Apt, 318 John Cheqwyn, Retired Court Reporter, 1631 E. Sextant Avenue James Rohricht, Attorney, 2125 Duluth Donna Funk, Gladstone House, 1135 Leland Road Diane Murdock, Travel. Agent, 2082 E. Kenwood Drive Ann Fitch, Librarian, 162 Bellwood Avenue b. Councilman Anderson nominated Diane Murdock. .Mayor Greavu moved James Rohricht. c. Mayor Greavu moved to appoint Diane Murdock and James Rohricht to the Cable TV Committee. Seconded by Councilman Anderson. Ayes - all. I.' VISITOR PRESENTATIONS None.. J. NEW BUSINESS 1. Plan Amendment: County Road D - Mahal a. Manager Evans presented the staff report. b. Chairman Les Axdahl presented the followi.n Plannin Commission recommendation: "Commissioner Howard moved the Planning Commission recommend to the City Council the approval of the proposed --amendment from Rm to LSC on the basis that: 1. The land to the west and half the land south of the site is planned for LSC use;. 2. The Council approved an LSC designation in 1974 for that portion of the site west of Ariel Street, but it was not shown on the Land Use Map; 3. The pond to the east makes a natural barrier between commercial and resident- ial development; 5. - 6/19 2. 4. Commercial development is generally more compatible with freeway noise than residential development. Commissioner Prew seconded. Ayes all.." C. Mr. Mahal, the applicant, spoke on behalf of his request. d. Mayor Greavu introduced the following resolution and moved its adoption: 80 6--145 WHEREAS, the Maplewood City Council and the Maplewood Planning. Commission have prepared and adopted a Comprehensive Community Plan in compliance with the requirements of Section 462.355 of the State Planning Enabling Legislation; and WHEREAS, said Section 462.355 provides for subsequent amendment of said Com- prehensive Plan which reflect changed conditions;.and WHEREAS, the Maplewood Planning Commission has conducted the required public hearing and has given consideration to all evidence and testimony submitted at such hearing held on June 19, 1980 and has adopted said amendment and forwarded said amendment to the City Council for certification; and WHEREAS, the Maplewood City Council has reviewed said amendment; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby adopts and amends the Comprehensive Plan for Maplewood. Seconded by Councilman Nelson. Ayes all. Code Amendment: Nonconforming Uses - First'Reading a. Manager Evans stated staff is requesting that Section 912.010 (5) of the Municipal Code be amended to allow expansion of a non conforming use under speci.f ied circumstances, b. Director of Community Development Olson further explained the proposal. C. Councilman Anderson moved first readin of an ordinance amendin Section 912.010 (5) to allow expansion of a nonconf orming use under s ecif is circumstances . Seconded by Mayor Greavu. Ayes - all. 3. Write Off of Uncollectible Paramedic Bills for 1979 a. Manager Evans presented the staff report and recommended the paramedic bills totaling $4,235.50 be written off as being uncollectible. b. Finance Director Dan Faust stated every available effort had been made to collect these bills. C* Councilman Bastian moved to write off the paramedic bills as submitted b staff and have the indivuduals and the amounts of their bills included in the Council minutes, with the exception of those who had only the $3.00 court conciliation fees as. balances. Seconded by Councilman Anderson. Ayes - all. -6-- 6/19 ..-., ..., ..+con.,'. 11 w. ..,., :. .'R. -,;. •• T.'>-�.at:>t .tb�!+r....p.. M. _....n..- ....�:h.,:�.. ... .. a. •-.w:-� ..c.�e. .: ...-rte .� 7 .. K .. .!i, z' �x..w . a.. .,w •`r•.- ,.-ro xz'.. .:,r a�.`.'•etw..:.eu ,. xew;. ...v,, .. ... .. .....; .. _.... ? .,:.. �. ,.• �a-...r-�.•,e.. .. ..,. ..... -xa :^!.` SwY ..�. �+•- v�;� - ,7�'?�'.'�"�K.l -.'�'i.';; :�•., .,..: t �nrc��Y :m.!.q ;^e';.. -,R. tl List of Written Off Uncollectible Paramedic Bills for 1979: NAME & ADDRESS DATE OF RUN AMOUNT James Allen Burgess 3151 McKnight. #209 St. Paul, Mn. 55110 1/3/79 38.00 Steven M. White 893 Laurel St. Paul, Mn. 55104 1/5/79 38.00 Mark S. Plan 851 Clear St. 5t.., Paul, Mn. 55106 1/6/79 38.00 Bruce E. Aherns 2470 Clarence Maplewood, Mn. .55109 1/26/79 38.00 Donald Lavelle, Jr. 2032 Clark St. St. Paul, Mn. 55117 2/3/79 38.00 Randy G. McAlpine 1910 Ivy St. Paul, Mn. 55115 3/3/79 38000 Cheryl A. Taylor 2823.Hazelwood Maplewood, Mn. 55109 3/3/79 38.00 Earl E. Pearson 81 E. Roselawn St. Paul, Mn. 55117 3/7/79 38.00 f. Armand Accari 762 Wells St, Paul, Mn. 55106 For: Michael A. Accari 3/29/79 38000 Pearl R. Gatrell 2367 E. Larpenteur #207 Maplewood, Mn. 55109 4/13/79 38.00 R.ickie D. Morrison 2112 Manitou St. Paul, Mn. 55119 4/17/79 12.00 Lorraine Weatherbee 1710,Gurney Maplewood, Mn. 55117 4/30/79 48.00 William J. Rogers 2364 Dorland Place St, Paul, Mn. 55119 5/3/79 38.00 1. ... 7 - 6/19 Judith A. Becker 1923 E. Co. Rd. B Maplewood, Mn. 55109 Douglas C. Tague 444 Dorland Road Maplewood, Mn. 55109 Robert Kruger 2612 -- lst White Bear Lake, Mn. 55110 For Jesica M.. Kruger David F. Schroeder 2358 Dorland Lane Maplewood, Mn. 55109 Jeffrey Goldonick 591 E. Hawthorne St. Paul, Mn. 55107 Kenneth Hendricks 621 Humboldt St. Paul, Mn. 55107 Robin Graham 1854 Beebe Rd. Maplewood, Mn. 55109 For: Raymond Graham David M. Carroll 360 E. Cook St. Paul, Mn. 55101 Nancy L. Franks 131-N. Century #202 St. Paul, Mn. 55119 Paul Caldwell 2666 Hazelwood Maplewood, Mn. 55109 Daryl D. Bargo 865 No. Century St. Paul, Mn. 55119 Ava Baciak (For: Amanda L.) .1821 English #10 Maplewood, Mn. 55109 Carol A. Edge 311 Burlington Rd. St. Paul, Mn. .55119 5/10/79 5/19/7.9 5/20/79. 5/27/79 6/1/79 6/3/79 6/3/79 6/7/79 6/8/79 6/8/79 6/11/79 6/13/79 6/20/79 8 - 38.00 38.00 13.00 38..00 23.00 38.00 38.00 38.00 38.00 48.00 38.00 3800 48.00 6/19. Virginia S. Cook 915 E Cottage St. Paul, Mn. 55106 Gene J. Lilledahl 203 Front Ste St. Paul, Mn. 55117 John C. Newell *49 We Maryland St. Paul, Mn. 55117 Gaylor Hoehne 420 Dorland Place Maplewood, Mn. 55110 For:` . Michael G. Hoehne Janet Wagner 2601 Harvester Maplewood, Mn. 55119 For Roxanne Me Wagner Marveleteao, G. Davis 2509 Hazelwood Maplewood, Mn. 55109 Roy I. Walbridge 141 E. Little Canada Rd. St. Paul, Mn. 55117 Lorraine Weatherbee 1710 N. Gurney St. Pault Mn. 55117 John He Dukek 596 Portland. St. Paul, Mn. 55102 Pamela Me Tischler 1712 Beaumont Maplewood, Mn. 55109 Doreen A. Prenatt 615 Wales St. St. Paul, Mn. 55101 Cindy Clements 1724 County Rd. C*' Maplewood, Mn. 55109 Yvonne Bartusch 2367 E. Larpenteur #211 Ste Paul, Mn. 5.5109 Wardell Chavoux 266 Fuller Ste Paul, Mn. 55103 6/22/79 7/7/79 7/12/79 7/13/7.9 7/20/79 7/23/79 8/13/79 8/17/79 8/22/79 9/16/79 9/19/79 10/5/79 10/6/79 10/9/79 9 -- 6/19 48.00 38.00 38.00 38:.100 38-00 380-00 38.00 380-00 38.00 38.00 00 48.00 38-00 48.00 38.00 Dennis L. Anderson 2633 Division #4 Noo St, Paul,.Mn. 55109 10/27/79 38.00 Phyllis A. Vaughn 2725 White Bear Avenue Maplewood, Mn. .55109 10/28/79 48.00 Joseph Remirez 1528 E. Cope Maplewood, Mn. 55109 10./28/79 38.00 Donald E. Shiting 2521 E. 16th Avenue No. St. Paul, Mn. 55109 11/1.5/79 38.00 Carl G. Adamson 490 E. Skillman #203 Maplewood, Mn. 55109 11/24/79 38.00 Arthur L. Lundgren 1084 Bell.ecrest . Maplewood, Mn. 55109 .11/30/79 38.00 Tegra O. Bonner 410 S. McKnight Maplewood, Mn. 55119 12/7/79 48.00 Donald L. Juehrs 1942 Polaris .No. St. Paul, Mn. 55109 12/12/79 38.00 Mary Jane Eiden 875 E. Geranium Ste;Paul, Mn. .55106 12/15/79 25.50 Edgard W. Johnson 1199 County Road B. Maplewood, Mn. 55109 12/24/79 38.00 David E. Mosor 983 E. Maryland St. Paul, Mn. 55106 1/6/79 35.00 Joyce A. Strand 14508 St. Croix Trail N. Marine on St. Croix, Mn. 55047 1/6/79 35.00 Monroe McNeil 2410 Bush . St. Paul, Mn. 55119 1/6/79 45.00 Roberta Hackett 6315 Knox Ave. So. Richfield, Mn. 55423 1/14/79 7.00 Stephen Jungersen 6805 W. Essex Sioux Falls, SD 57106 1/27/79 45.00 -- 10 - 6/19 Sue Vivian East 16 Linden . Landfall, Mn. 55119 1/31/79 5.00 Sherry Douglass 1820 Roosevelt #5 Racine, Wi 53406 .2/l/79 45.00 Monroe M. McNeil 2 410 ' :Bush StO Paul, Mn. 55119 2/7/79 45.00 Dennis H. Rudeen 1184 Frisbee Maplewood, Mn. 55109 2/9/79 35.00 Steven D. Kissling .1.3.24 Tyler Street Hastings, Mn. 55033 2/15/79 35.00 Kenneth A. Rieck 1528 Cope Maplewood, Mn. 55109 2/15/79 35.00 Robert T. Pearson 1724 Howard Maplewood, Mn. 55109 3/8/79 35.00 Dennis H. Rudeen 1184 Frisbee Maplewood, Mn. 55109 3/10/79 35.00 Dorothy M. Miller Rt. 2, Box 144 Chippewa Falls, WI 54729 3/14/79 35.00 Robert Pearson 1724 Howard Maplewood, Mn. 55109 3/15/79 35.00 A. J. Barchardt 1481 E. Sherren Maplewood, Mn. 55109 3/15/79 9.00 James Rousselle 1881 Furness, #208 Maplewood, Mn. 55109 3/21/79 45.00 Lyndon J. Thoemke 1930 Burns . St. Paul, Mn. 55109 3/30/79 35.00 Wiehelmina Konig 1880 E. Shore Dr., #411 Maplewood, Mn. 551.09 4/1/79 35.00 Theodore Guzman 1528 E. Cope Maplewood, Mn. 55109 4/10/79 35,00 11 � 6/19 41 Kenneth A. Rieck 1528 E. Cope Maplewood, Mn. 55109 Carlotta . Schultz .14.850 -62nd St. Stillwater, Mn. 55082 For:. Allen Gresham Patrick D. Hammes 6882 - 5th St. .Oakdale, Mn. 55119 Kay Ann Lundstrom 1247 Century #11 St. Paul, Mn. 55119 For: Thomas Lundstrom Michael. K. Evans 1492 Co. Rd. B. #309B Maplewood, Mn. 55109 Theodore R. Guzman 1528 Cope Maplewood, Mn. 55109 Bi l l.y Thomp son 144 Arkwright St. Paul, Mn. 55101 Dennis H. Rudeen 1184 Frisbee Maplewood, Mn. 55109 David N. Ehrreich . Little Circle Dr. Lot 11 St.. Paul, Mn. 55117 Kenneth Rieck 1528 Cope Maplewood, Mn. 55109 Marylin Haute 1512 Co. Rd. B #301 Maplewood, Mn. 55109 For: Angela Brisson Jerry Woodstrom 373 Old Hwy. 8 #303 New Brighton, Mn. 55112 Rose Tardy 2363 Mailand Ct.. Maplewood, Mn.. 55119 4/21/79 45.00 5/3/79 35.00 1/13/79 30.00 5/24/79 35.00 6/1/79. 35.00 6/3/79 35.00 6/10/79 45,00 6/13/79 35.00 6/17/79 35,0.0 6/30/79 45.00 6/3/79 35.00. 12 - 6/19 Rosemary Ellen Wasson 660 DeSoto St.. Paul, Mn. 55101. 6/23/79 Les Vanderhof 126 Dellwood Square S. Landfall, Mn. 55119 For: Richard Vanderhof 7/2/?9 ..David Duncan 488 So. Hindricks Greenwood, In. 56142 7/11/79 Leroy C. Myhre 731 -16th Ave. NE Blaine, Mn. 5/17/79 Dawn R. Bach 7430 W. 128th St. #201 Apple Valley, Mn. 55124 7/10/79 Thomas A. Cole 6040 -40th St. N., #109 Oakdale, Mn. 55109 7/19/79 Jody Kay Quinn 2075 Hwy. 36 #105 No. St. Paul, Mn. 551.09 7/22/79 Thomas J. Nicholson 6071 Harris Stillwater, Mn. 55082 8/16/79 Paul English 5 Park Square Ave. Providence, RI 8/24/79 Ronald Lozinski 119 Western St. Paul, Mn. 55102 9/6/79 Michael Weisser. 1443 Palace 5t. Paul, Mn. 55105 9/8/79 George Tooze 321 Larpenteur #217 Maplewood, Mn. 55117 9/12/79 Patricia Barton 6908 -10th St. #208 Oakdale, Mn. 55119 9/15/79 Rebecca Devine 128: Del lwood . Sq. Landfall, Mn. 55119 9/1.5/79 13 - 6/19 35.00 35.00 45.00 45.00 20.00 35.00 35.00 45.00 35.00 35.00 35.00 35.00 35.00 35.00 ` Thomas Bielke 6851 - 11th S t . No. Oakdale, Mn. 55119 For: Michael Bielke William Labo ld 1724 E. Co. Rd. C. Maplewood, Mn. 55109 For Shawn Lund Gregory Payne 3412 Downers Dr. Roseville, Mn. Lila Otunuku 3913 Granada Way Oakdale, Mn. 55149 Juanita C. Bjonfald 929 Mahtomedi Mahtomedi, Mn. 55115 Jeffrey Thompson 844 Hall Street St. Paul, Mn. 55107 Herbert Copeland 127 E. 14th St. Minneapolis, Mn. 55403 Daniel Hagele 2328 - 11th Ave., #10 No. St. Paul, Mn. 55109 Edward J. Drives .184 Grenadier Oakdale, Mn. 55119 Shelly Petrillo 2220 Pillsbury, #106 Minneapolis, Mn. 55404 Leland Demo 8709 Demontreville Rd. Lake Elmo, Mn. 5504.2. For: Tracy Jo Demo Jahn Galvin 1600 Eddy St. Hastings, Mn. 55033 Tammy Martinson 1060 Greenbrier St, Paul, Mn. 55106 9/18/79 9/14/79 9/28/79 9/29/79 9/29/79 9/29/79 10/8/79 10/13/79 10/17/79 11/20/79 11/20/79 11/27/79 12/2/79 35.00 7.00 45.00 35.00 35.00 45.00 35.00 5.00 35.00 45.00 35.00 35.00 35.00 14 p 6/19 '., .. ,:,.. , � �t..i ...... .:...... �. .�....yx.,,�wyy... ,.�... :: •. '.a• „, n:.._wn.;R•r s -.r _ Sonya H. Ownes 1028 7th St. Hudson, Wi. 54016 12/29/79 35.00 Robert E. Bertini 2953 Granada Lane Oakdale, Mn. 55119 .12/28/79 35,00 Brett Terrell % 939 W. Anderson St., Stillwater, Mn. 55082 12/27/79 45.00 40 T.H. 61 Frontage Road— Qervais Avneue'to County Road C a,. Manager Evans presented the staff report and recommended that due to the circumstances, the City requests Minnesota Department of Transportation for cooperative agreement funds to construct a T.H. .61 frontage road from Gervais Avenue to.County Road C. b.. Councilman Anderson introduced the following resolution and moved its adoption 84-6- 146 WHEREAS, the City Council has determined that it is necessary and expedient for the City of Maplewood to enter into a cooperative agree- ment with the Minnesota Department* of 'Transportation for the construction of a frontage road to T.H. 61 from Gervais Avenue to County Road C; NOW, THEREFORE, BE IT RESOLVED BY -'THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA, that the Minnesota Department of Transportation is hereby requested to provide cooperative agreement funds to construct the aforementioned front- age road. Seconded by Councilman Nelson. Ayes.- all. 5. Diseased Tree Program a. Manager Evans stated that it is recommended the Council order the preparation of the assessment roll for this project and establish a public hearing for July 31, 1980. It is recommended the roll be prepared as follows: % of total removal cost ..Trees removed on private property 50% Trees removed on boulevards 40% Grant ineligible properties (income) 100% b. Councilman Anderson introduced the following *resolution and moved its adoption: 80 - 6 - 147 WHEREAS, the City Clerk and City Engineer have presented the final figures.for the Removal of Diseased Shade Trees, Maplewood Project No. 79-6 within the City of Maplewood; 15 - 6/19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, AS FOLLOWS: that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such removal against every assessable lot, piece or parcel of land affected, without regard to cash valuation, as provided.by law, and they shall file a copy of such proposed assessment in the City Office. for inspection. FURTHER, the Clerk shall, upon completion of such proposed assess- ment notify the :Council thereof . . ' Seconded by Mayor Greavu. 6. Final Plans - East Shore Drive Ayes - all. a. Manager Evans presented the final plans and specifications for the construction of watermain on Frost Avenue from English Street to the Frost Avenue connection and on East Shore Drive westerly from Adele Street. This construction represents only a portion of .the total. project. Ramsey County, in cooperation with the City, will also be letting a contract for the construction of the Frost Avenue connec- tion including street, curb.and gutter, storm sewer, and watermain. Approval of final plans and specifications and authorization to. advertise for bids is recommended. b. Councilman Anderson introduced the following resolution and moved its adoption: 80 - 6 - 148 WHEREAS, pursuant to resolution passed by the City Council on December 20., 1979, plans and specifications for Frost Avenue watermain and street restoration, Maplewood Project No. 78-9, have been prepared by or under the direction of the City Engineer and he has presented such plans and specifications to the Council for approval, NOW, THEREFORE,. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk, 2. The City Clerk shall prepare and cause to be inserted in the official paper (and in the Construction Bulletin) an advertise- ment for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published two times, at least 21 days before date set for bid opening, shall specify the work to be done, shall state that bids .will be publicly opened and considered by the Council at the time and date selected by the City Engineer, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, for 50 of the amount of such bid. 16 - 6/19 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids and to tabu- late the bids received. Seconded by Councilman Nelson. Ayes - all. 7. Final Plans Condor Storm Sewer a. Manager Evans presented the finalplans and specifications for the. construction of a storm sewer from Lundin Lane to the "Arnie Johnson Pond". prepared by Short, Elliott and Hendricks, Inc. Approval of the final plans and specifications and authorization to advertise for bids is recommended. b.0.Councilman Anderson introduced the following resolution and moved its adoption: 80 - 6 - 149 WHEREAS, pursuant to resolution passed by the City Council on March 13, 1980, plans and specifications for Condor storm sewer improvements, Maplewood Project No. 78-18, have been prepared by or under the direction of the City Engineer, and he has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper (and in the Construction Bulletin) an advertise- ment dvertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published two times, at least 10 days before date set for bid opening, shall specify the work to be. done, shall state that bids will be publicly opened and considered by the council at the time and date selected by the City Engineer, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, for 5% of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and in- structed to receive,. -open, and read aloud bids and to tabulate the bids received. Seconded by Councilman Nelson Ayes - Councilmen Anderson, Bastian, and Nelson. K. COUNCIL PRESENTATION 1, R -3C Zone - Reconsideration Nay - Mayor Greavu. - 17 - 6/19 v a. Councilman Anderson moved reconsideration of -the rezonin of the prop:. erty on the east side of White Bear Avenue 3401 feet south ' of Rada,tz Avenue 1 Seconded by Mayor Greavu. Ayes - all. 2, Tree Removal a. Councilman Bastian stated he had received a call from Mrs. Beryl Ritter regarding a tree she feels is a hazard on her boulevard. b. Councilman Bastian moved to authorize the City to remove the _tree and bill or assess the Ritters. Seconded by Councilman Anderson. Ayes - all. 3. Duluth Street Storm Sewer a. Mayor Greavu questioned if blacktopping the easement in the rear of the yards on Atlantic Street north of. Larpenteur Avenue would help the drainage problem. Also he requested the staff to check for plugged pipes in the area. b. Staff to investigate 4. Council Meetings a. Mayor Greavu moved to amend the Rules Of Procedures and set Council meetings for the lst, 3rd, and 4th Thursdays of every month. Seconded by Councilman Bastian. Ayes - all. 5. Lawsuits - 35E and Roselawn Avenue a. Mayor Greavu asked what was happening regarding. the lawsuit pertaining to 35E and Roselawn Avenue. b. Councilman Bastian stated he had requested an update of all the pending lawsuits and staff is to report back to the Council. c. Mayor Greavu stated that.when this report is submitted, Council and the City Attorney should sit down and discuss the report. 6. Stop Signs a. Mayor Greavu stated after the last few meetings where the Council has ordered stop signs he has received calls questioning if the Council is going to install stop signs all over the City. 7. Beam Avenue Assessments a. Mayor Greavu asked the. City Attorney when the Council would receive infor- mation regarding the latest Beam Avenue Assessment lawsuit. b. City Attorney Lais stated a report is being written. -- 18 -- 6/19 8. Supreme Court Decision on Rezoning. a. Mayor Greavu requested the City Attorney, Donald Lais, to obtain a copy of the recent Supreme Court decision. on Rezoning. 9. Recognition -- Citizen a. Mayor Greavu stated he had received notice that a Maplewood Couple are celebrating their.50th Wedding Anniversary acid also.that they have resided in Maplewood for 50 years. The couple is Ray and Gladys Kline, 2669 Brand Avenue. b. Council congratulated the couple and stated a letter of same be forwarded to them. 10. James Riley F a. Mr.. Riley, Condor Corporation, requested help in solving his drainage problems at Connemara. b. Staff will investigate. M. ADJOURNMENT 11:05 P.M. City Clerk 18 - 6/19 f:].'TY OF MAPU-WOOD A C C 0 U N T S P A Y A 3 L E DATE 07-03-80 PAGE i CHECK* A M© U N T C L A I 4 P Ul R P 0 S E A N T 634*38 MINN STATE E TREASUR�P, i.TS—D'PUlTY REGISTe w'1439' t D'POS' t E 004391 500 v Cu POSTMASTER PREPAID EXPENSE 'LO OF LEISURE TRIAVEL TRAVEL T 0 :439: 2: 2120 4�,� W 0 R, BAN14IGAN CI' --ESI RAINING 0U43`93 TREASURER Li CENSE FEr"_'S PAYABLE .0-4404 u - E SERVICE u"C4394 693*46 CONN GENERAL LIFE INS CO C 0 N T 13 U TI 0 N S I N S U RA N CE SOFTBALL REGISTRATION 004405 1,9113*63 -SURANCE, CONTFISUTIONStIINZ� c 4 395:- 52*39 2:;p CONN GENERAL LIFE 1 -ft C 0 GEN*.- IN, �W4396 159092 TAYLOR RENTAL A/R MISCELLANEOUS S U CHARGE A G TAX PAYA SLE '72 28URTAX ES, S E R. V ICF AND—FEt SiS T T R;—:' A S% JULY 4TH CELEBRATION i -C4397 420*00 MINN STATE TREASURER 0*-POSITS—DEPUTY roT""PEGISTe 439 lit"'0100*0i EMPLOYEE NEFIT AIMS 81E1- 1.- CLAIMS 0 -POSITS /PAYING AGT S*A*Go PAYABLE CZ4399 3 *3 6 6 0u METRO WASTE CONTROL COMA AND—R E F U N 0 3 440 39,w 5u CAPITOL '"'AL" CO SUPPLIES, EQUiPMENT. 441 . 4 01 10 ROWHEAD PISTOL SHOOT TRAVEL TRAINING 4 4 0• C AR TR "%ff44Ll2 25. Cl u MN POLICE' COM.2AT TRA VEL + TRAINING j 8 4 F E E SERV I C — 30 0� MN REC PARKS ASSOC —Its E� SOFTBALL REGISTRATION 4 4 39 ER il GI ST. 886*21 MINN STATE TREASURER DEPOSITS—DtPUTY L u ti AIS BAN14IGAN CI' --ESI FEES, SERVICE AND—LEGAL FISCAL .0-4404 u - E SERVICE 2.8.C, M N R �'G PARKS ASSOC SOFTBALL REGISTRATION 004405 1,9113*63 MINN STATE TR E A "'.34 U R R OEPOS'. TS.—DEPUTY l'E_ G I S T 64406 'W0 41o0 M INN R STATE TREASURE 0 N R LICENSE FEES PAYA9LE 4 4 G 7 S U CHARGE A G TAX PAYA SLE '72 28URTAX MI SiS T T R;—:' A S% AND—R. E F U N 0 j 8 4 F E E SERV I C — 30 0� MN REC PARKS ASSOC —Its E� SOFTBALL REGISTRATION 4 4 39 ER il GI ST. 886*21 MINN STATE TREASURER DEPOSITS—DtPUTY L ':TY OF MAPLEW000. A C C 0 U N T S P A Y A 'B L E .DATE 07-03-80 PAGE 2 i_ CHECK* A M O U N T C L A I M A N T P U R P 0 S E WI�LI.AM F P" TIER T A /EL t TRAINING �441E 412.50 MINN STATE TR 004 1C 3.50. HIGHWAY -1 BOGY -SCOP Rte', } MA"*NT. VEHICLES 034411 15.00 NATL REGISTRY OF M T FEES, SERVICE EMT CERTIFICATION :44i 15. cu NATL �Gi STRif OF E M T F -E S, SERVICE' EMT CERTIFICATION 4413., 333.3.1 MINN NN STATE TREASURER DEPOSITS—CEPUTY REGI.ST. ?4414 123.00 KENNETH �/ COLLINS TRAVEL. + TRAINING T L�ASU ER TREASURER Dt POS� T —D EPUTY R�GIST. OE PO SITS—DEPUTY REGIST. x.:4425 i.25 44 5 123.0 WI�LI.AM F P" TIER T A /EL t TRAINING �441E 412.50 MINN STATE TR 0L PO SI TS—DEPUTY REGIS'. TRAVEL lIN NG A7R — PARAMEDIC C_4428 40.0+u MI�vN X4417 13 s 9G CNAMPIGN AUTO SU P'LI ES, VEHICLE 61;,5 292.38 EASURER AFSCME LOGAL 2725 EP—DEPUTY DR GIST.442� UNION DUES PAYABLE _004418 15.liu NATL REGISTRY OF E M T FESS, SERVICE AND—FAIR SHARE FEES :PAYAl EMT CERTIFICATION 441 ?5.GD NAIL REGISTRY OF M T FEES, SERVICE ENT CERTIFICATION 04420 11663.01 MN STATE TREASURER—PERA GONTKiBU 'LONSv Pr. -A v 0442 3, 600.46 MN STATE TRA SURE �—P'RA P• F. Ks A. DED PAYABLE AND— CONT R I BU TI ONS , £ficA ...jX4422 T, 814. 15 _HN STATE TREASURER—PARA Ps EsR.As DEO PAYABLE AND- CONTRI BUTI.ONS, PFRA ",0.4423 X4424 �. ��0,05W 346.45 MI NN MINN STATE STAFF T L�ASU ER TREASURER Dt POS� T —D EPUTY R�GIST. OE PO SITS—DEPUTY REGIST. x.:4425 i.25 MINN STATE TR VEHICLE FEES, SERVICE VEHICLE REGISTRATION '�44 � 0:4427 84. u 27s0.0 MIEN O.i E RAMSEY CTY # PEACE OFFT CONGI.IATIflN TRAVEL lIN NG A7R — PARAMEDIC C_4428 40.0+u MI�vN STATE TREASURER 0 I LICENSE FEES PAYABLE - L -C4430 61;,5 292.38 EASURER AFSCME LOGAL 2725 EP—DEPUTY DR GIST.442� UNION DUES PAYABLE - AND—FAIR SHARE FEES :PAYAl �� ; h:� .:�� s, :�. �h ,{ �, :`�� �: r �t° =< �x`=_ �Y. v :::,.;f i'e � 2; a<. j, r �; �>., .. � ,,,.x.� �.�:.: acs -.o-.. .. ..:._..,,,,ia;.:-.� .. ........... .... ... .r... ...... ,,. a.. __. �... i:,.. ..._.._.. �...•,-... ..> .�,..y. .... -.. , ,.. .... .. ........ ,...:,u ,.r,., _c....,..,.: ... ... _.. .. ?I I ��-&TY OF MAPLEWOOD CHECK* A M O U N T A C C 0 U N T S P A Y A B L E C L A I M A N T CAT 07-03-80 PAGE P U R, P 0 S E aw L6 0 0 1 4;,.46 A t M INIUSTRIAL T c -ACTOR SUPPLIES,` EflUI M iT 6�2 15 r AMER RED GROSS - ST PAUL. BOOKS 4 CC6003 9o.Cu ARMIT ENTERPR 'ISE SEP. + MAINT ., B�.DG+GRDS X64 4,o403*15 AREAS AUTO SERVICE RtP. +"AINT., VE#IC.S ;Cb S 203 .95 DAVID L ARNOLD 'UNIFORMS + CLOTHING `= OC6'ji.3 247.50 3U:LSEYE INC SUPPL E S, RANGE b3 6 113.7 AUTOCON INOUSTRIES INC REP. + 'SAINT., UTI .I 'y b .181.12 AUTOMATIC VOTING MACHINE FESS , SERV ICE _ CENTURY GAM RA FEES i SERVICE SHIPPING CHARGES b081,064.5u .TAMES BAHT FEES, SERVICE 46. 17 CHIPPEWA SPRI NGS CO FEES , SERVICE HTG. INSPECTIONS _.. t� rb 9$, 98 BEHV+ P 3ROTHERS MAI r 'E� A"JC E~ MATERIALS C a 6 C I a 12.35 BOARD OF WATER COMM UTILITIES 006011 41.00 BRAO RAGAN INC REQ'. + MAINT,., VEHICLES 0 �b 012.. 53,039 SUER KLE BU.ICK REP. + MAI NT . , VENICL S `= OC6'ji.3 247.50 3U:LSEYE INC SUPPL E S, RANGE OC61014 42.96 3U� EAU OF BUSINESS PRACT SUBSCRIPTIONS+MEMBERSHIP bis . 4.5G CENTURY GAM RA FEES i SERVICE FILM PROCESSING u -u6 116 46. 17 CHIPPEWA SPRI NGS CO FEES , SERVICE WATER COOLER 006017 483*41 COLLINS ELECTRICAL CONST UTILITIES AND -KE . } lA NT. EQUIPI On 6 i 18 39.99 KENNETH V COLLI UNIFORMS + CLOTHING .Eti19 266.25 COPY DUP.ICATING PnDCTS DUPLICATING COSTS -01602D 12y a C3 COPY EQUIPMENT INC SU PPi.IES, OFFICE ASD_ SU PPLI ES , EQUIPMENT 006021, 36.94 CROSS.R 3AD S PO RD SUPT Ll ES, 1lEHI CLQ �6 22 15 . 3 + 0 SPEEDOMETER SERV REP. + MAI NT. , VEHICLE'S ir: .. ,..,.. ,.. '...' � � ._..:.G....tx«.... ....... ...fG:L. ..r.'..:... ,.-, n.....:....'..._..,,:hY..ti.N.,'Y.,.._..,,.,,_........ . ra.3 .�.,.. v..»e._.. ... ..... .... xn..G.r.. ..�..c: ...,. c..... .,�.. ...a� .... .......,, ...- .. .. a... n. .�'. ... .. ... ,v... .-+-.... .. ... ..... .. .. .. ,ITY OF MAPLEWOOD A C C 0 U N T S P A Y A. 8 L E DATE 07-03-80 PACE 5 CHECK* A A 0 U N T C L A I M A N T P U R P 0. S E 6323 502.28 OKAY :PUBLCAT IONS INC SUPPLIES, Rr-' OGRAM CU06024 38. ij JAMES G E- LIAS TRAVEL + TRAINING £� 2 97.79 FA?'"%WCL . OZMUN KIRK + CO ;MAINTENA'NCE MATE.RIA..S &06026 5.00 DANIEL F FAUST TRA VtL + TRAINING 106u27 61.56 IGOR FEDJA OTHER CONSTRUCTION COSTS C6604i is 1.9 DANIEL HENNEN DISEASED TREES(MILEAGE) 01- 63 2 80069 AFI NA NCIAL COMMUNICATIONS ?UBL I.SHING 0-06029 ; 82,.79 FIRESTONE STORIES SUPPLIES, VEHICLE CGb3 30 132 4U FOREMAN + CLARK UNIFORMS + CLOTHING 189.52 GAGERS ARTS + CRAFTS SUPPLIES, PROGRAM OC6032 77.52 PETER. GANtI L OTHER CONSTRUCTION COSTS DISEASED TREES(MILEAGE) 6 ,33 6.68 GIVENS INC SUP" L.l ES, EQUIPMENT 06034 345, 65 GOODYEAR 3E'R'U IC ST4Rt S3JPpLi ES, VEHICLE ANO—REP. # MAINS'., VEHZC! 6 3�5 73.vu �UA�V A tS, SEVICE - 8.91. JE -ANNE A HAFNErR TRAVEL + TRAINING 6 37-`` 3i.99 THOMAS L . H.AGEN INiFORMS + CLOTHING FEES, SERVICE ._ �� 7. HANDY + WELDING CO PLAYGROUND IN THE STRTS v 6 0?9 ;6 w THE HARTFORO INS Co SUPPLIES, GROGRAM x`6 340 1 � 5Z 'HANE HAWKINS CHEVROLET' SUPPLIES, VEHICLE C6604i is 1.9 DANIEL HENNEN TRAVEL } RAINING 006042 4. il.0 HTLLCR-ST GLASS CO Ries + MAI IVT *, VEHICLES ".TY OF MAPLEWOOD A C C 0 U N T S P A Y A B LE DATE 07-03-80 PAGE 6 CHECK* A M O U N T C L A M A N T P U R P 0 S 0063466y. 14 MAGflUF N EQUIPMENT INC SUPPL rES, EQUIPMENT' 0%:6047 85,95 MAPLEWOOD - FOOES SUPOLIES9 OFFICE 006048 23.00 MAPLEWGIOB VIEW SUBSCRIPTIONS+MEMBERSHIP 0 06 049 433.0i4 MAPLEWOOD REVIEW PU3LISHING AND -OTHER CONS TRUCTTON Cf 0c�6Q5J 3,5 3 9.00 METRO WASTE CONTROL COMM R E F U N D I Q 6 a 5 1 53,716*27 M'TtRO WANE CCNTRO'COMM RENTAL, SEWER - ~'Lb052 445*00 RICHARD 1iLLEtRFEES, CONSULTING OOb0l53 113.68 MELS STAB + TRIBUNE CO PUB .ISNING 06 0.54 1� • C3 14N BLU�PRINT �UP�LItS, OFFICE OOb075 245.00 W1Nf 4. t"'' A MITCHEL� rcES, ScRVICE AND -LEGAL + FISCAL ::06050 1 X571.25 MUNICIPAi.. SE RVICE FEES SE?ViCE - ANIMAL CONTROL 17n.00 MUSICIAN"'PEE;FC.P,MANCE'= Fr'_ S=�?1lIC Y JULY 4TH CELEBRATION 6.; L f�058 67.45 NA TURES CRAOL E MA i NTE NANCE MATERIALS �C6 059 =' 1t C00. 0u CITY OF NORTH ST .PAUL A70 MISCELLANcOUS YOUTH SER BUR -DONATION Dib O 6. 5 N0-TH ST PAUL. PLBG+HTG MAINT47NANGE MA T ERIALS O;C6061 43.9J NORTH ST PAUL. WELD NG IN SUPPLIES, VEHICLE U-106062 Ob2 323 72 �vORTH WEST ERN BELL TEL CO TEL E PHONE - 0 06 0 G3 497 a 90 AN ORT HWE_ST ERN P -=:6 -,LL' TEL CO TELEPHUNE 0o0b4 7.95 LAERNE NUTESGN TRAVEL '+ TRAINING -...0 0 Ob 065 S. b0 L tvORE OBERG T A L + RA�I� IN.G ,C-6066 19.38 MIGHAEL 00EN TPA1�E . + TRAINING 0%6.067 25.68 ,PAKO FILM SERVICE MAINTENANCE MAT=RIALS - a . ,... r..., ...., ..... .... _.:._mo _ 106068 6e, 0 PALO FILM SERVICE G N REFRIG CATION INC J -6 9 840o84 P A L t A. 0 0 643 7 0 34.56 P A t"', K MACHINE A. G06371 13*59 PHYSICIANS + HbSp SUPPLY x:06072 234. u0 PITNEY -BOW'S INC Lb 73 950*CIC POSTMASTER 0 tCj 6 074 9095 JOSI-PH PRETTNER U Ob J 1.5 7, 78 RAfjI0 SHACK 006070' 52*03 ASSOC P A FILM PROCESSING SUPPLIES, PROGRAM REP. + MAI NTog BLDG+GROS SUPPLIES, VEHICLE SUPPLI ES, EQU.1PMENT tGUIPMEN'Tiv OFFICE POSTAGE TRAVEL + TRAINING SUPPLIES, PROGRAM FEES, SERVICE 006077 245"0 w RAM".3"EY COUNTY TREASURER PHYSICAL EXAMINATIONS OTHEf-le" CONSTRUCTION COSTS 73 RICE STIRIEET CAR WASH ASSESSMI�JRZS 21 4:�o REP. P + H'A;4 NT S VEHICLE o ;j6 079 27 a,e, GG ROAD R.ESCU" INC 6- REP* MAINTov E H I C L'E'S i� 6 0"' 8 .17*25 ROGERS PRINTE SHOPPE SUPPLIES p OFFICE SUBSCRIPTIONS+M97MEERSH1P 0,06 0 8 7. S T OFFICE FRCOUCTS ST PAUL 0 r,.,6 81 7 0 6 94:" -QUIPMcN'q OFFICE P A U --HOSE- I-T-A—L— FEES R V-1 C E AND SUPPL. ESt OFFT U" w u^b 0 62 27 .43 A C SCHAOT TRAVEL TRAINING `63, 83 81430 SPECIALTY E- N G I N E EIR 1 N G MAINTENANCE MATERIALS 0060 84 1,1 438 7.c CITY OF ST PA Uj R"' -Ps MAINT*,q RADIO DISPATCH c060.85 66 6u*- ST PAUL PUQ,LlISHING CIE. 60 8 6 6.o 2C ST PAUL DISPATCH SUBSCRIPTIONS+M97MEERSH1P 0,06 0 8 7. 75. u ST PAUL E POLICE PSTL U3 CLU3 SUPPLIES, RANGE� P A U --HOSE- I-T-A—L— FEES R V-1 C E 00:6088 2 PHYSICAL EXAMINATIONS r 1k.� •\�� \tea 4_ H: A_ ' W F 1w,y�- fi 1 f; �: � TY OF MAPLEWOOD A C C 0 U N T S ' A Y A 9 E DATE 07-03-80 PAGE 8 CHECK* A M O U N T C L A I M A N T P U R P O S E 0c6u89 830 U DON STREI.CHER GUNS INC SUPPLIES, RANGE t� 639G 15.57 SUPE RAMERICA SUPPLIES, VEHICLE _691 272.4bTA$ULATI'�iG SERV DU E.AU 'ULISHING ANS -FEES 9 SERVICE - MAILING LIST y6u92 " b4.�+�+ TARGET STORES INC SU PP LIES ip, PROGRAM b X98 f' 1). 48 WEND Y VIETOR TRAVEL + TRAiNING X99 72.Ou" J THOMAS ATHLETIC CO SU PPLiES, ORCGRAM 20,33 DAVI.O WALDEN TRAVEL + TRAINING C-06101 12i•32 - uGE�9 t3.26 # R TOL C0 MAINTENANCE MAT" ib2.0 HELEN H CARS ON G6G95 21.�+b TRANSF0RT CLEARIN"S REP. + MAi%!T. EQUIPMENT j6v 9b 22.95 TWIN CITY FILTER SERV IN FEES S RVICE 120.00 MARION OEVANL SA�.ARIES + WAGES, AIR FILTER CLEANING 6097 379. u VALS 80DY STOP REP. MAI NT VE iC.ES b X98 f' 1). 48 WEND Y VIETOR TRAVEL + TRAiNING X99 23.!8 VIKING INOUSTFIAL CENTER SUPPLIES, UIPMEN"� �G61G 20,33 DAVI.O WALDEN TRAVEL + TRAINING C-06101 12i•32 WALOO ; PUMP+ EQUI.PMENT REP. ++�MAi�1T.3 UTIi.ITY - L�Qb1 2 97.44 WA KN RS INOUSTRIAL SUPP MAI��TENA�ICE MATERIALS ANJ-EUPPLIES, D tvITORIA . APO -SU PPLI ES , EflUIPMENT -c�b103 45.90 wtST.iNGHOUSE ELtCTRIC SUPeLI�S,�JANITOR A. 006104 1v134•bi XEROX COcPORATION DUPLICATING COSTS OC16105 332.96 XEROX CORPORATION - DUPLICATING COSTS X61 G5 :: ib2.0 HELEN H CARS ON SALARIES + WAGES, TEMP-. Ub1G7 2G. =y EL ZA ETH CASSEDAY SALARIE + WAGES, TEMP'. o 61a8. 120.00 MARION OEVANL SA�.ARIES + WAGES, TEMP. u;:b1G9 '•. 67.50 CHERRI D WITT SALARIES + WAGrrS, TAMP, Y 0� MAPLEW00fl A C C O U N T S A Y A 3 E -DATE 07-3-80 PAGE 9 CHECK* 4:1£ 122 A M O U N T C L A I M A N T U R P 0 S E TEMP. 0 06123 188.01 JAMES MCJERMO TT SALARi ES + WAGES, TEMP. _61 " 131,e75 LiN0A DIXON SALARIES + WAGES, TEMP, OM,b1 iI '`� 72,. GO THERESA L FLA H%- SALARI S + WAGES, TEMP, + MAGES, TEMP. TEMP. 006 11 72. DJ THERESA FOLEY SA�.ARZES WAGES, x:06113 20.00 MARY FOWLER SALAi�IES + WAGES, TEMP. Gb 1l4 72. D;: DANT tL HE NN' SALARIES + WAGES, TEMP, `HEMP. 0 Lb 115 76. 8G JAMES B H OBBS SALARIES + WAGES`! '06 12655.80 JOAN HUOA LLA SALARIES + WAGES , TEMP. 06117 63.00 BRAOLEY JELEN SALAr"IES + WAGES, TEMP. 06118 '' 121.12 ANN KINNE Y SALARIES + WA GES, TE M? 01:6119 " 82.07 KRiST1NE KULZER SALARIES + WADES s TEM ?• �b12D _. Q L 30. GO RAvDEE NELSON SALARIES + WAGES, TEM°. 'c'.06121 b�+. MI D' ANG SALARIES + WAGES, TEMP. 4:1£ 122 36. u CAROL LO"FFLER SALARIES + WAGES! TEMP. 0 06123 188.01 JAMES MCJERMO TT SALARi ES + WAGES, TEMP. _61 " WAGES, TEMP* 74.40 JULIA MCCO�LUM SA LARiES ES vG6125 52.00 LE 09ERG SALARIES + MAGES, TEMP. 00 046126 7i .50 CH�: CHECK* A M G U 'N T C L A I M A N T P U R P D S uj6134 72• CARO. RHOOA SALARI. S # WAG45s Mtn. ,.� 0 135 72. 00 DAWN R'HO3E SALARIES + MAGES, TEMP* li0613G x 65,25 JILL SCHMALL SALARIES + WAGES, TEMP. .6137 6405 BRIAN SHER3URNE SALAR."ES + WAGES, TEMP• 0.06138 x 2 7 • D EV A SPAN, BAUE'R ' SAL ARIES # MAGES, TEMP* _.. v 6139 %'� 2 •5 C GAMY T WINK EL SALARIES t �fAGESt TEMP C61 +� 1• WENO Y VIETOR SALARIES WAGES, TcMPo' b 141 �� 24.5�i DAVID i� I .DEN S�4LA`RI ES + MAGES, TEMP. 06142 14.00 JAMES ANOE R S 0 N R '`E F U N D TENNIS LESSONS �0E13 - .15•Cu AKDYS10 ENO R F U N D _ ASKETBALL CLINIC obi 44 29.67 FLGODMASTER E N COMP SUPCHAG:,-- TAX PAYABLE AND_R E F U N 0 x 145 14 #© EDwA R0 GR ILZ R E F U N D - ARCHERY_ LESSONS _ L,E, 145 ifl •'3 NOEL Y HARCK R E F U N D TENNIS LESSONS - ; 6147 1 . TIMOTHY HERBEr2 UNIF0 MS + CLCTti 0 0614 1• c MF;S KEN H Il DA HL R c F U N O TRACK 0 u61�+9 5 . TO E'BERG MF. F ?ANK HtA. FEES, Sr RVICE ROTOTILLING-NAT. CNTR. 006150 to KA4REN MCC AINE R E F U N D _-- RP S 0 0 6.51 10•C MRS.CLYDt NELSON R E F U N 0 TRACK -- 615 5. � tVENUE SHAKING ADV SE V 5U9SCRIPT10NS#MEMBERSHIP 06A53 is = 0o MR5 JUDITH RODINSON R E F U N 0 TRACK x,3 6 154 0 THGMAS VOVE.S UNIFO MS + CLOTHING _ �L6i 5 5 -+•74 AMyL1A WOODY SU• PLIES, �OUII 3�.a._NT C 036156 200.00 COMMEDIA THEATER CO FEES, SERVICE JULY 4TH CELEBRATION 156 CHECKS WRITTEN TOTAL 0F i�. 0 71 CRE -00K A L 1439533945 Ml 24597 24598 EARL L NELSON224.42 BARRY R EVANS 250.00 254.00 24599 24600 VIVIAN R LEWIS LAURIE L BERGSTEDT Q h t 883.93 419.08 24601. 24602 DANIEL F FAUST ARL I NE J HAGEN 522.{10 19 222.89 348.41 795.52 9 ALANA K MATHEYS ANNE M R ICHA'R[�5 521.38 2..00 343.47 424, 78 24605 24606 LUC I LLE E AUREL I US PHYLLIS G GREEN 19 142.00 62.39 635.27 24647 24608 BETTY D SELVOG LORRA I NE S VIE TOR584.31 584.31 413.04 379, 20 .w JEANNE L SCHADT ALFRED J. PELOQUI N92.96 yr .:;,,..,. -. ..'. •a:...-...._: b ..:: .. Ys.i1- 2?7.88 75.68 24611 24612 J A.MES G KLEIN TERRANCE C RILEY.25 601.85 .68.92 8564 . 24613 24614 DAVID L ARNOLC JOHN H ATCHISON966.46 Page 1 of 3 310.97 24615 24616 CHECK REGISTER CITY OF MAPLEWOOD -- PAYROLL BATED 06-20-80,DATE 06-20-80 24617 24618 DENNIS J DELMONT RICHARD C DREGER CHECK NO. CLAIMANT GROSS NET 967.85 848.31 549.05 317.16 24593 24594 NORMAN G ANDERSON GARY W BASTIAN 250.{I0 227.17 24623 2462.4 MICHAEL J HERBERT DONALD V KORTUS 24595 JOHN C GREA1/U FRANCES L JUKER 250.00 325.00 250 00 217.50 226 45 324596 Ml 24597 24598 EARL L NELSON224.42 BARRY R EVANS 250.00 254.00 24599 24600 VIVIAN R LEWIS LAURIE L BERGSTEDT 1, 536.92 625.81 883.93 419.08 24601. 24602 DANIEL F FAUST ARL I NE J HAGEN 522.{10 19 222.89 348.41 795.52 .2.4603 24.604 ALANA K MATHEYS ANNE M R ICHA'R[�5 521.38 2..00 343.47 424, 78 24605 24606 LUC I LLE E AUREL I US PHYLLIS G GREEN 19 142.00 62.39 635.27 24647 24608 BETTY D SELVOG LORRA I NE S VIE TOR584.31 584.31 413.04 379, 20 24609 24,610 JEANNE L SCHADT ALFRED J. PELOQUI N92.96 440.31 2?7.88 75.68 24611 24612 J A.MES G KLEIN TERRANCE C RILEY.25 601.85 .68.92 8564 . 24613 24614 DAVID L ARNOLC JOHN H ATCHISON966.46 1Qb104.00 310.97 24615 24616 DALE K CLAUSON KENNETH V COLLINS 848 .31 848..31 5;14.98 .65.96 24617 24618 DENNIS J DELMONT RICHARD C DREGER 970.15 1.,126.23 163.45 157*35 2.4619 24620 RAYMOND E FERNOW NORMAN L GREEN 967.85 848.31 549.05 317.16 24621 .24622 THOMAS L HAGEN KEVIN R HALWEG 986.77 1, 204.31 510046 170.93 24623 2462.4 MICHAEL J HERBERT DONALD V KORTUS 848.31 943.71 463.54 549.69 X4626 RICHARD .LAhG J: JOHN J MC NULTY 381.60 887.54 284.0 511.6 5 24627 2462.8 JAMES E MEEHAN JR DANIEL 8 MET TL ER 1, 060.29 807..69 576, b2 465.20 24629 24630 RICHARD M MGESCHTER J MORELL I 80,69 848. 31 536.69 539*91 .24632 RAYMOND OBIERT ' D NELSON WILLIAM F PELT IER 8,32.15 967.19 565.48 621.31 24633. 24634 RICHARD W SCHALLER DONALD W SKALMAN 949.85 1, 303.81 523.57 4 6.79 24635 24636 GREGORY L STAFNE VERNON T STILL 848.31 848.31 526.80 24637 24638 DARRELL T STCCKTON BRUCE. W WEBER 807.69 807.69 486.64 549.00 24639 24.640 DUANE J WILLIAMS JOSEPH A ZAPPA 733.85 880.62 475.85 460.65 24641 2.4642 4EBORAH A BASTYR JAYME L FLAUGHER 988.15 4:13,608 635.83 255.90 24.643 644 GEORGE W MULWEE KAREN:A NELSON 556.15 496.15 368.60 3 4.7 6 24645 2464,6 JOY E CMATH JULIE K SCOTT 49+6. 15 468.00 312.6.1 317.89 24647 24648 JOANNE M' SVENDS'EN MICHELE A TUCHNER 46.4.77 545.54 311.72 362 6 24649 50 KATHERINE M WALD RONALD D BECKER 496.15 108.50 267085 0 267.o88 1 8.50 24651 52 DENNIS S CUSICK DAVID M GRAF 933.12 1,8:87 53 2605.05 2 .17 24653 24654 ROGER W LEE JON A MELANDER 8`87.54 1*017.20 423.82 640.87 24655 2465'6 CAROL M NELSON DALE E RAZSKAZOFF 8`46.92 887:54 28.96 483.77 24657 24658 MICHAEL P RYAN ROBERT E VORWERK 871.38 ` 147.31 392.46 24659 24,660 JAMES G YOUNGREN JAMES M EMBERTSON 951.14 =846. 19 516.68b Si •68 24661 24156 2 ALFRED C SCHADT C.L I FFORO J MOT TAZ . .._:7.40. 77 95 3..54 486.64 581.10 24663 MARCELLA M-MOTTAZ 64..61 584.3.1 5814 388.31 \\\ .f_...., �. �..vwrvyt-. ..:.>s+.. •gra. ...m, -v..{r :.. ..... Page 2 Of '3 CITY OF MAPLEWOOD CHECK REGISTER - PAYROLL GATED 06-20-80 DATE 06-20-80 CHECK NO. CLAIMANT GROSS NET 'LL 24664 24665 WILLIAM L BITTNER 19264.23 831.97 f JAMES G EL I AS 790.62 440.73 :. 24666 MARY A NEMETZ 464,77 311,72 24667 DENNIS L PECK 790.62 452.98 24668 24669 PAUL B WEBBER 826.19 545.42 JUDITH A WEGWERTH 296.98 230.07 ' 24670 IGOR V FEJDA 725.08 484.77 24671 PETER R GANZEL 400.00 315.56 24672 24673 GREGORY D KEIL 121.50 10.8.51 24.674 WALTER M GE I SSLER JAMES T GESS EL E 805.44 674031 504090 451, 87 24675 ENqETH G HAILER 958.62 566,40 24676 ROBERT F WILLIAMSON 617454 401.42 24677' WILLIAM C C A S S 978.46 50:3.43 24678 RONALD L FREBERG 696080 446.45 24679 RONALD J HELEY 696.80 446.45 24680 24.681 MICHAEL R KANE HENRY 788.26 354..87 24682P F KLAUSING ARNOLD H PFARR 7.88.26 721.16 4.51.29 470.82 683 JOSEPH 8 RETTNER .19058.00 699.65 24684 2 685 EDWARD A REINERT GEORGE RICHARD 736._00 468.83 24686. J HARRY J TEVL I N JR 696.80 705.50 428.72 505.17 24687 THOMAS G BERG 148 00 148.00 24688 JEFFREYP GR.I EN.ANN 206.20 182.89 24689 ERT CK D OSWALD 1.48-.00 148.00 24690 BRADLEY J QUINN 148.00 137.64 2 691 GI LBERT C LAROCHE 504,92 339.93 24692 24693 M PAULINE ADAMS RUDOLPH R SARANKC 679.85 433.71 24694 LOIS J BRENNER 893.54 605.56 563.44 224.04 24695 BARBARA A KRUMMEL 286.00 170.67 24696 24597 ROBERT D ODEGARD ROY G 19153.85 727.63 24698 LARD MYLES R BUR-KE 277.65 696.80 217.23 403.1:3 '24699, . DAVID A GERMA I N 696.80 442..40 24700 24701 MELVIN J GUSINCA ROLAND B HEL EY 980.38 559.50 24702 MARK .A MARUSKA 699.12 304.00 459.47 242,44 24703 REED E SANTA 703.33 462.35 24704 JOHN CHARLES GREAVU 160.00 138.58 24705 MICHAEL L JUNKER 163`.00 140.91 24706 ROBERT T F I SCHER 326.00 272.46 24707 JERRY J HUMPHREYS JR 64.00 64.00 1 -_ 24708 24709 ROBERT J MU I R 163•.0.0 140.91 24710 JOSEPH P PLANTE BARBARA J BRUNELL 36000 -118.79 36*00 99.65 2 711 JANET M GREW 519*20 347.82 24712 JUDITH A HOR SNEL L 94 50 91.95 24713 JAMES R MCKEE 51.92 46.66'] 24714 CHRISTINE SOUTTER 519.20 347.82 24715 JUDY M CIALEBECK 584.31 267.15 .24716 24� THOMAS G EKSTRAND 636.46 407, 72 18 L JOHNSON 636.46 404.93 RANDALL 2 1 NANCY J MIS ELL 191.60 144.86 ^-A: 24719 GEOFFREY W OLSON 1,133069 628.94 24720 MARJOR I E OSTROM 919.85 590.55 24721, ROBERT J WENGER 69662 46743 24722 RICHARD J BARTHOLOMEW 737.04 413.20 24723 DAVID B EDSON 647.92 404.00 24724 EDWARD A NADEAU 710.40 484.88 `ll 24725 LAVERNE S NUTESON 989.00 381.06 24726 GERALD C OWEN 710.40 472.33 24727 WILLIAM S THCNE 745.04 494.63 24728 TIMOTHY J HERBER 160.0+0 147.31 24729 TIMOTHY J MARKEE 160.00 147.31 24730 THOMAS VOVES. 320.00 258.51 24731 M JOHN E ACDONALD 768.80 508.00 24732 DENNIS M MULVANEY 743.20 463,97 CHECK NUM8ER 24593THRU 24732 909 505.33 521256o59 # PAYROLL DATED 06--20-80 CONTINUED ON NEXT PAGE I.V 7 Page 3 of 3 CITY OF MAPLEWOOD CHECK REGISTER - PAYROLL DATED 06-20-80 DATE .06-20-80 24328 GARY W BASTIAN --- LOST CHECK ------ (250.00)-----------(217.50) 24590 ANTHONY G.CAHANES 969.69 541.94 24591 GARY W BASTIAN 250.00 217.50 24592 GERALD W MEYER 737.16 373.83 „,1, TOTALS ��-� 921212.18 53,172.36 M E M O R A N D U M TO: CITY MANAGER EVAN FROM: CITY CLERK REGARDING HEARING -DATE - C MMERCIAL REVENUE NOTE DATE JUNE 25, 1980 Dougherty, Dawkinc�, Strand and Ekstrom is requesting a date for a public hearing regarding Commercial Revenue Notes in the amount of $1,250,000 for Commercial Partners--MaplewooG. to construct a shopping center on Beam Avenue, West of White Bear Avenue A hearing date of August 7, 1980.is recommended Ac cion by Coun '. , Endorse 14o d' d,, eoeCT. e Date . APP'L I CAT 1,0N/AGREEM.ENT FOR `TAX EXEMPT.- MORTGAGE REVENUE NOTE FINANCING - This Agreement is herebhe City of Maplewood, y entered into , bet��reen t, Minnesota, hereinafter called the "City". and Com, iner i � -- d herei ra fter called the "applicant," The applicant is requesting financing for a development project an �e i res j that the City t issue nates according i n to the terms of the r ni ci pal Industria :{ y g aevel o meat Act of : 957 as amended . In order far the application to be eon- j sidered by the City, the applicant hereby agrees to pay all costs i nvol ved i n the legal and f sca review of the pro posed pro j ect and all costs i nvol ved in the issuance of said -notes to finance the project. urther a reed -and understood that the City reserves the right to deny, It is f 9 any application for financing in any stage of the' proceedings .prior to .adop zng the resolution authorizing the issuance of notes . - ::I , r _ �,. APPLICANT. a• Business Name -- Cor�mercia7 Partners -- Maplewood - ; 'b. Business Address - i105 Peavey Bui 1 di ng ' Minneapolis , ��i nnesota - 554::0? = Business Form corporation artJnersni I) sol e prapri etarsi p, etc,) • ,� p - . General Partnership ` - d : ' Authori zed 11,epresentative ve -� Robert Larson Alan Gustafson - p . e. Telephone -�(612)-- . p .339 9055..or (415) 494-8282 .•. , 2. ��Ar EC_S} OF 14AJO71ITY STOCKHOLDERS, OFFICERS 1 DIRECTORS, PART�'ERS, PRIr��`�FALS: • Robert Larson . b• Alan Gustafson co James Guzy .: .. .. d. Paul Anderson e. 3. - LOCATION 4F PROJECT: a, names and Location of Adjacent streets Beam Avenue, west of White Bear Avenin b. Dimensions of Property: 3 acres e: The scale and north arrow; 40 GIVE BRIEF DESCRIPTION OF NATURE . QF BUSINESS. ° Commercial Partners -- Mapl eWood will -acquire land, build and equi p . the shopping center project, and manage the shopping center. • 1$1,250 000 .. 1 6. STED FINANCING tE a. Business Purpose to be served. Acquisition of-land, construction and . e uiPPi ng o-commercial shopping center, to be leased to various tenants, . b. Public Purpose to be served, Expansion ofemployment, payrol 1 and tax-base . for-Maplewood. . . To . BUSI NESS . PROFI t E a. Dumber of 'obs the project will provide . after compl etion --20 from tenants b r Projected annual sal es -- $ 1, 500 ,O00 ( from tenants } C& Projected `ected annual ' ayro l l -- 300 , 00.0 (from-tenants) P- 8 . DAMES r a.. .-Financial consultant for the business �. Dougherty, Dawkins , Strand and ' -�• Ekstrom Incorporated, 414 IDS Center, Minneapolis., Minnesota 55402 b. Legal coun�,,el . for the business Maun, Hazel-Law Fi rm, St. Paul - c. Corporate counsel- 9. WHAT IS YOUR TARGET-DATE FOR a . Construction start Sumner 1980 b. Constructi r n completion -� Spring, 1981 _ COflilro SRC IAS PARTNERS= MAPL EW00D " - " - dame r)f Applicant + .. " .. .. Sign atacre of Au thorn zed Representa'�iye . _ Robert Larsen . - - " . � ..: - - : ... . - • - � • - Partner ... - .. .. TitleG3 . .� • Dare The following items,.*must be submitted with this appl i cation : " . I A $3,0.00 filing fee should. be submitted. with this application. 29 Y A resolution setting a hearing date-. . 3. An application -to the Commissioner of Securities for approval of 14unic1pal ` Industrial Revenue Bond Project. .. If you have any questions on items 2. or 3, call the City Clerk, Lucille -Aurelius, 77004508. . _. .. M DOUGHERTY DAWKINS, STRAND & EKSTROM INCORPORATED , June 23, 1980. City Clerk and City Council City of Maplewood M,apl eivood C Z ty i Jal 1 1,380 Frost Avenue . Maplewood, MN 551.09 Re: Proposed $1,250,000 Tax -Exempt Mo,rtga ge Fi na nci_ng t✓oml-nercial Partners-rilaplewood Shopping Center Beam Avenue Near White Bear Avenge Maplewood, Minnesota City Clerk and flembers of the Council: This letter is to outline an appl icati on ' by Commercial Partners-% Maplewood, a tY innesota partnership cansi stip g of Robert Larson, Al an Gustafson.,. James Guzy and Paul Anderson, for preliminary . approval of $1-,250,000 for Tax -Exempt Mortgage Fi nand ng of a proposed shoppI ng center in Maplewood, = - The proposed project is -to be an approximate 25,000 sq. , ft. .Shopping center to be .located on Beam. Aventie near White Bear Avenue in t,,ta pl _-1wood .. It is -intended that the project shall be leased by..Commercial Partners41aplewood to-Hirshfield's (Wa 11 paper, Paz nt ard Decorating Store) and various other shopping center tenants. The Commorcial Partners . group has previously built similar small shopping centers near Burnsville Shopping • Center and Ri dg,dale Shopping Center. It is estimated that the proposed. project will generate approximately twenty. (20) new jobs .with ars annual payroll of approximately $300,000 in Maplewood, plus the pro jec E; will also provide a.ddi tional tax base , for Mapl e good. o I.n support of the application of Commercial Partners* -Maplewood, please find en of osed copies o f the following a ppl i cation documents 1: -Application Form. for City of hlapl ewood. 2., Resolution cal l i.ng for Public .Heari•ng . - . 3: Notice of. Public Hearing, 4: Proposed Peel imi nary Approval Resolution. : INVESTMENT BANKERS ' 414 IDS CENTER 0 -MINNEAPOLIS, MINNESOTA 55402 0 612/341-6000 • ... ".•a"M^vaa•vai. ar. rte.... ,..yy,. ,.. .... a.y ...V..,.•rw_..Y».-.,...... - ...._ .. _ .. y • , ... 2. a ftp. MEMORANDUM TO: City Manager FROM: Director of Public Works DATE: June .26, 1980 SUBJECT: DEFERRED,ASSESSMENTS It is-reconunended the Council order -.the preparation of the assessment roll and establish a pub-','-ic hearing on July 31,, 1980 to levi the deferred assessment's for .the following. 40 projects. . Sanitary Sewer No. 1 Sanitary Sewer...No, 7 Sanitary Sewer No. 2 Water Improvement No, 7 Sanitary Sewer No. 3 Water Improvement No. 68-2 Sanitary Sewer No, 5 Water Improvement No. 68-3 Sanitary-Sewer No., 5-2 Sanitary Sewer 68-1 Sanitary Sewer No. 5-4. Sanitary water Improvement No. 1 County Road "C" ...Sanitary Sewer No. 6-1 Cope Utilities Sanitary Sewer No. .6-2 water Improvement 24 Sewer/Water No. 1. Cope Street o Water Improvement ,Noo 2 Sanitary Sewer 1A Water Improvement No. 3 Sanitary Sewer 3A Water Improvement No. 4 Water Improvement 69-1 Water Improvement No. 5 Water Improvement 70-28 ..Sanitary Sewer No. 8 Sanitary Sewer 71-2 Water Improvement No. 6 Water Improvement 73 WLB/man Action by Counc-111's Date s w Action by Council MEMORANDUM T13 � 0 _7 �:-1 "I e d •.wrn.Rel +wwna r!rwwrowr 1 TO _ City. Manager D ate it t FROM: Director of Public Works t •DATE: June 26,-1980 it SUBJECT: EMERGENCY VEHICAL PREEMP'T'ION E� LARPENTEUR AND EDGERTON It is recommended the Council approve a resolution requesting Ramsey County to install an emergency'vehical preemption Jz is K system at the intersection of Edgerton Street and Larpenteur. • Avenue. id Yl Attached is a copy of the County's policy with regard to the installation, if funds are available the County will pay for. t{1 C the installation of the system. Under the policy, the City 1 is required to assume . the electrical cost of the entire traffic s.ig nal. This cost is estimated at $'� , 0.00 per year. The 1980 Budget allocated $24,500 for the cost of installation of two preemption systems. Staff has requested that the Department of Transportation draft the appropriate agreement . calling for the installation of a system at the intersection. of Century Avenue and Minnehaha Avenue. In accordance with the MnDOT policy, the City will have to provide for the cost of installation. wLB/mn POLICY i FOR TRAFFIC CONTROL SIGNAL- SYS= f COUNTY f MMICIP.AL COOPERATIVE PROJECTS The purpose of this policy is to establish guidelines for count -.Y cost participation and maintenance responsibilities pertaining to all traffic control signal systems on county roadways.. The guidelinesP erta.in to a11, new cons traction, upgrading and revisions. of any type, Explanation To clear-ly define the cost participation dnd main tenance resP onsibilit es • _ between the county and the city having ju:ri sdiction over the entering roadways before, final conmi.tment to e>, d, public funds for txaffic ' control signal systems is made, cooperative agreements describing these responsibilities will be negotiated and executed by the affected agencies. With. these responsibilities clearly defined in advance of the installamw tion. or revision, all required work can b(�' performed e editiouslY without �P _ confusion as to each agencies responsibil: ties . Policies contained herein are not applicable to intersec tions controlled by the s M-menti1Pf of Transport ation . Definitions County - Ramsey- County, acting by and th.rbugh its Board of Count -Comraissio - Cit --. %funic a.�. • Y ne.. s a City P Corpapp ation,. acting by and through its council. Entering Legs __ • Under this document `'entering -legs t' means theh sical legs of The entering p �'' g an s.nt�..r section . Th e ering leg may carry two-way vehicular traffic or may "carry pedestrian traffic exclusively,, In the event, an entering leg is split, b P Y a subdivision boundary, that leg shad be equally prorated. Standard Procedures Resolution A cooperative traffic signal project shall be initiated b resolut' y a z on of the city having jurisdiction over the ente�r�.ng legs -requesting the improve- ment prove -merit and indicating -viZli.ngness to share in the cost of the work. • Funding If sufficient warrants exist for the installatJ-on of traffic control -the Manual on outlined in sign as ou JL Uniform Traffic Control Devices on ck with state. aid highways or. county roadwys at their intersections wi4LOhr -jurisdiction of -cities, county will roadways under the P articipate in the construction cost and the engineering and inspection costs as set forth in this policy. The county will not participate. in installations where it cannot justify a need for a traffic signal, Install atJon - maY be permitted at no cost to 'll The county w the county. i prepare the plans., construct,operate and maintain the installation at the expense of. the city. All equipment will become the property of the county. Agreements The county, through the County Engineer's Department, Division of Traffic E ga-neering., -vi .11 prepare cooperative agreements as necessary to administer the xmprovement... The agreements will provide for all .costs 'and. respon- s 'ibilit' ies pertaining to engineering, construction and maintenance for the county and the city, • Policies Financing n ---co ---t paxt cipa ion wi 11 b the same ratio as the n-imber The construction s i� t e in of entering .legs .of the intersection under -each jurisdiction bears to -the The construction cost number of legs ze-sntering the intersection.' is defined as. the contract cost of the work.,.or, if the. work is not contracted, the cost of all labor., materials, and equipment. rental required to complete the work. The participant. who awards the contract and supervises the constructic'n sh bereimbursed. for *a portion of the construction engineering (plains , specifications and proposals) * and inspection costs . The reimbursement'. vill be computed as a uniform fixed. percentage of the.. other participan't share of the cooperative construction cost.,., The current rate is 6 percent and as subject to uniform change,, Exceptions Federal Fwiding- If federal funds are used for the traffic signal construction, any remaining participation costs wila_be in the same ratio as the number of entering legs of the intersection, 2 Emergency vehicle Pre--Emption if sufficient road and bridge funds exist, -the county will pay 100 percent of the cost of the emergency veh * cle pre-emption installation or improvement. Private Intersections , Shopping Centers The.: county will share in these . construction costs on the ,basis of negotiation,. considering such items as entering legs in the. intersection, hazard to . through traffic, traffic volumes, etc, In no case will the county ,pay more than 50 percent of the cost . -`--- Policies - Maintenance The• 'county wwill own and maintain the control equipment, electrical nLring including conduit and bases, replace knocked -down equipment, relamp , clean and paint. . The participating city shall provide the ns tallatiotof an adequate electrical power supply to the service equipment or pole including any necessary extension of power lines at no cost to the county. The city shall maintain the integral street lighting including relamp ng and _ cleaning of the luminaires. The city sha_U pay for electrical energy to operate bosh the signal system and the integral street lighting. • Exception - Emergency Vehicle Pre -tion .If the *-county participates in the ins tallation of emergency vehicle pre.-emption equipment, regardless of road jurisdiction, the city shall pay energy costs *for both the signal* system and emergency vehicle pre-emption system. Energy p=ost of integral street lighling sha-U comply with current policies equipment installed shaII be owned and maintained by the county and the, city shall reimburse the county a1.3. na.inten.ance costs, pli.� s ten percent for - admiristrs�,tion, • of the emergency vehicle pre-emption equipment. - + . ,.:�. ., a... .. , .. _ ....:�. .... ._, ,. .ar.,.- +y: -.,a �:;e+:' mr.+•:'roti fF.,..,.,:^ .. -.J:�. is .';'�' ..._ . ,ti MEMORANDUM TO: City Manager FROM: Director of Public Works DATE: June 26, 1980 SUBJECT: PUBLIC HEARING SOUTHLAWN AVENUE PROJECT 79-15 The Public Hearing on this Improvement is..scheduled for 7:30 -p.m., July 3, 1980. Please refer to attached May 29, 1980 Staff Report. Action by Council. Endorsed-. Y, o d i f L� Date attach. WLB/mn FOLD�10 O MEMORANDUM TO: City. Manager. FROM: Director of Public Works • SUBJECT: Feasibility Study, improvement 79--15, Southlawn and Radatz DATE: May 29, 1980 Attached is a revision to the feasibility study for the above project.. The proposal has been modified to provide the public f aci.lities necessary for the Maple Knolls Townhomes project to meet the requirement of the P.U.D. approval as revised April ].:7, 1980. • The estimated project cost is $336,700. H.U.D. Community Development tlock.Grant funding in the amount of $275,400 is anticipated. In addition, the City is currently applying for addi `ional bonus funds .�• -available through: t4e Metropolitan Council It is recommended the Council hold a project hearing anticipating the difference between the project costs and grants be assessed to the benefiting properties fronting Southlawn Avenue. 'No area drainage assessment would be proposed. If the project is ordered, it should be contingent 'on receiving the anticipated funding. A July 3, 1980 hearing date is suggested. Action by Couslci),.: Endorse Modified— .._..____.� Re j e ct e Date M t WILLIAM D. SCHtELL CARLISLE MADSON JACK T. VOSLER JAMES R..ORR ' HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON JACK E. GILL RODNEY B. GORDON 2 THEODORE D. KEMNA z;l JOHN W. EMOND {� KENNETH E. ADOLF F WILLIAM R. ENGELHAR.DT =i BRUCE C. SUNDING rl '; R. SCOTT HARRI DENNIS W. SAARI E GERALD L. BACKMAN t, zi Q _.: ;.;.- SCHOELL & MAOSOf`l,INC. r ENGINEERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON. TEXAS May 22, 1980 �a City of Maplewood a c/o qtr. William. Bittner , Director of Public Works E� 1902 East Countv Road B Maplewood Minnesota 55109 Subject: Supplement'al Report to Radatz • Avenue and Southlawn Drive Tl Improvements Feasibility Study Gentlemen: Pursuant to your instruction, we he:-ein submit supplemental' data related to the above named report. The original report dated December 12, 19790, considered improvements to both Radatz Avenue and Southlawn Drive. This supplemental report only deals with improvements to Southlawn Drive plus area -wide drainage facilities. Attached Drawing No. 10693-5 best describes the proposed improvements on Southlawn from Beam Avenue to a cul-de-sac just north of Vale Avenue. An improved roadway does not. exist there at present. The proposed street would be a 36 -foot wide bituminous roadway with B-618 concrete curb and -gutter as indicated in the section on Page -5 of the original report. Watermain .improvements proposed are limited to eight services to be extended off of the existing 12. inch diameter main on Southlawn Drive. • SCHOELL & MAOSON, INC. CityofMaplewood C/o Mr. William Bittner, Director of Public Works. Page Two May 22, 19:80 Sanitary sewer improvements includeconstructionf'-an n eight-. inch main on Sots thlawn from Radatz to approximately 400 feet north. There is also a service proposed to the Maple Knoll Townhouse development, plus 11 other services on Southlawn. The proposed drainage works include storm sewer on Southlawn, from,Radatz to the south. Also included is the storage system y originally proposed in.th.e December 12, 1979, report. one addit;J'4o.n a item proposed herein is the installation,of a. French drain system to eliminate .ground water problems presently existing in some ofthe homesonthe north.side of Kohlman Avenue.. This problem was emphasized in the.public.hearing process held on the original proposal. The French dra.in system is essentially a trench with a filter blanket encasing 3/4-inch.to 1 -1/2 -inch trench rock. The trench acts to collect and convey ground water thus relieving the. ground water pressure causing the wet bac.44ements. This, system is intended to intercept the presumed mo'vem.E--nt of ground water moving from the east side of White Bear Avenue to the west. Although the system proposed herein.has no.absolute guarantees, we recommend it a.s the most positive method that a municipal scale project could use to eliminate the problem. Following is a cost summary of the improvements proposed in this scaled-down project on.Southlawn Drive.t SCHOELL & MADSON, INC City of Maplewood C/o Mr,. William Bittner,, Director of Public Works Page Three Street . •Construct.ion Sou th 1 awn Dr ive • Watermain Construction (Services Onl To Maple Knoll Townhouses Southlawn Drive Sanitary' Sewer Construction Mains Southlawn Drive Services.. To Maple Knoll Townhouses Southlawn Drive Stora Sewer Construction French Drain System - Kohlman Avenue Storm Sewer on Southlawn Drive Storm Sewer through Maple Knoll Townhouses and Storage System TOTAL May 22j, 1980 Total Estimated Cost $ 12,500 $ 900 5,600 $ 75,841 17,830 $336,725 We trust that the information presented herein will be useful. Please advise as to questions, or your desire forP resentation.. Very truly yours, CHOELL & MADSON, INC. JROrr:mkr ............... r.s._...... --.. ,.,y._ ..n.,. v_., ..,.. .... ._.. .r.•, syr.. .. , t. _ _ s MAPLE WOOD .....•._... �.._.. _.�._. 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I # .. ... .....I ZONING 17 4 ! 1 fit! ti PROPOSED 4 m ZONING F `MA PL E KNOL L I v �+ ...... t" ! �� TEMPORARY OW'VHOUSES . - - PONDING AREAPROPOSED' - •- - —t • :► �•-:�:�: - -- -: `_•.'.._::: is : : �4 ��11( F .l L. 905 ecL` :I , o�� —DIKE .M.v. P .,•r�-1 i.-. OrFr F I C E SITE EV4rPEL V , 1 1L I!! CI T Y O F M A P L E W O O D1 , M Ir_ N N E .S O T TOOA �1 F 907 L10 rsoUTH�AWN DRlVE,�ING� jAREAIMPROVEMENTS ir•r TR rT� N: PR0 OSED STREET Gr�R2 2�Z0iiir!G 80�JDQRYZcvl. ,_ i�� PR P SE0SAN;TA Y SEWER 1AT ERxAIHIr0 0SEG o -_r_ ExiSTIrSANITARYG SEVJE EXISTING WATER' .4 1 .tiff :%i:PROPOSED0S,QS v� 1 SEWER ;EXISTINGSTCR� SEWER DRAINAGE AREA en rGGRY �...... t �Aa A A0,1RE? 0R TO -cPArE t UNDER THE OPEN PROGRAM rPR0 IS 0FREN GRaItdSYST t x :::�:Ii ;: i i 1 S oE L �ADs0NINC. 1l EngineTc ers Surveyors : Hopkins Minnesota::�AVENUE SCALEt ! 200. ATE MAY 1990 10593 — • TO: FROM: DATE: City Manager Director of Public Works June 26, 1980 PUBLIC HEARING, BROOKVIEW DRIVE STORM. SEWER PROJECT 78-20 f The Public Hearing on the Project has been scheduled for 7:45 p.m., July 3, 1980. Act 0 c L�c. Date WLB/mn. 94; �� �2 . a I INTRODUCTION This sturdy was initiated by the City Council in response to concerns expressed by area residents. Reportedly street flooding occurs on a frequent basis resulting in -overland flow between the homes, ultimately.causing erosion. This area has been investigated in some depth previously -with -alterations and additions to the system being made • in 19 74 . The specific drainage area considered in this report is generally bounded by Century Avenue on the East, Battle Creek on the South, Ferndale Sti eet on the West and 1--94 on the North. Merit Chevrolet occupies a good share of the property and, due to the large parking lot and building, contributes substantial_ amounts of runoff to the systema With the exception of some commercial property near Century Avenue, the remaining property is . fully developed with single 'family dwellings. EXISTING DRAINAGE SYSTEM Prior to 1974, a partial storm drain existed from Brookview Drive- to Battle Creek. In 1974, the City _installed some additional pipe and inlet structures. The additions to the system were not designed. according to City standards but were merely extensions of the existing pipes. The following map shows the storm sewer system as it exists today. The present system was not intended to provide . the level of serv:Lce that is considered a minimum in Maplewood and, in fact, the system does not deliver .that minimum level of service; The runoff from the area is simply too great to flow through the pipes. - ........ �,... . .. i, .,..., ...ems.......:.-. _,.. .:•.r �: •:.. ...;r. ....... - ... .:....w-.a�..e,•"-' _-.._.... -�. :.v ... a. . � .- :rr -. .. . •. rt.. ... _ .> :. .. .. - _ .. . - � .: n.R.••r�.n.+�^• . -.,...e..:....+..,......... •. _ .;Y'. !r n - ..'H-.. .R... w 7. ...M_\c � ...,T� V.4'7M _..+. .. s. PROPOSED ' IMPROVEMENTS The minimum level of service established in Maplewood for local storm drains is based ona 10 --year frequency . s Corm event. This intensity storm has a 10% chance of occurring. in any given year . In order to satisfy this criteria, the pipe system must be enlarged. The following map shows the proposed additions to the`system with solid lines. The, system from Brookview Drive to. Battle Creek must all be replaced with larger sized pipes. Additional. catch basins must also be installed to intercept the surface water and convey it to the underground pipes. It is also proposed to replace the bituminous ditch north of Brookview Drive with a pipe, In the area of the catch basins,. it will also be necessary to regrade a section of street: and install bituminous curb to direct -the water to the catch basins .� It must be kept in mind the system proposed here is designed to meet the Maplewood design standards. This does not mean. that street flooding will never occur,--- only that the' frequency will be reduced substantially from the present situatio::l . PROJECT FINANCING The total estimated cost for the work described in this report, including indirect costs, is $36,000. Traditionally, revenue from assessments would be used to finance the project. In this. area, a s term sewer assessment was levied in 1975, as . a result of the previously mentioned work. The following map shows the area and at what rate the various properties were assessed. The commercial properties were assessed tree full. commercial rate in 19 75 . It has been the City's policy not to assess the same property a second time if a full assessment was previously levied, �. 2 .... �r a , Q. The resident al property on the other hand was only assessed at . one --half the standard rate for residential. _property . If the residential property is assessed again at one-half the current rate, :revenue of $5400 is generated. A deficit of $30,600 would remain to be paid by the City. A second alternative for financing .the project would be to fully assess all the property at the current rate and. credit that amount which was paid by each property previously. At the current rates of $0.09/:quare foot for *commercial and $0.045/square foot for . resi.dential, $37,000 is generated. previous assessments to the properties amount. to $17,500 which if credited yields $19,500 in revenue. This. alternative results in a City share of $16,500. A third alternative is to fully ass��:ss the cost of the project . while maintaining the 2:1 ratio of commercial to residential rates. With this procedure, the new rates are commercial $0.088/square foot and residental $0.044/square foot. t TO City Manager FRO11: Director of Community Development SUBJECT: Street Vacation LOCATION: Duluth Street, South of Leland Road'. APPLICANT: Jeffrey and Donna Bauer DATE: June 4, 1980 Request The vacation of Duluth Street, a half -width unimproved right-of-ways between Junction Avenue and Leland Road. Site Description '1. - Right-of-way dimensions: 30 by 267 feet 2. Existing Land Use: Undeveloped Proposed Land Use 1. The Applicants are proposing this street vacation so that they can build an addition onto the viesterly side of their house and meet side yard setback requi re - men is . 2. The addition would be seven feet from the Duluth. Street right-of-way. 3. Code requires that there be a minimum of a 30 foot setback from a street right- ight--of-way. of-way. 4. The required mi nimc.!m side yard setback for an interior lot -is five feet. 5. Therefore, if the vacation was granted, the Applicants could construct their addition and meet Code requirements without geti".i ng a variance. Surrounding_ Land Uses Northerly: Single family residential houses Southerly: An undeveloped "pie" shaped lot planned for RL, Low Density Residential and Zoned R-1, Single Dwelling Residential. Alarge portion of 'this lot contains the Great Lakes Pipeline easement. Gest of this lot is vacant land owned by Ramsey County. Easterly: Single family residential homes . Westerly: Deep, single family residential lots which front on Leland Road. The adjacent parcel has a garage located 15 feet from the Duluth Street right-of-way. This would preclude the widening of Duluth Street to a full 60 feet Pl anni nq Considerat.i ons I Land Use Plan Designation RL , Low Density Residential 2. Zoning: R-1, Residence District (Single Dwelling) 3. Section 412.851 of the Minnesota State Statutes ;States: "The Council may by resolution vacate any street, al 1 ey, public grounds, publ c way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way,, or: part thereof to be vacated. When there has been.no petition, the resolution may r be adopted only by a vote of four-fifths of all members of the council. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice." Publ.i c Works Considerations 1. There i -s a sanitary sewer line in the right-of-way. 2. According to the Maplewood Drainage Plan, there is also a storm sewer proposed along Duluth Street,, 3. An easement should be retained over the right-of-way for these sewer lines. 4. The south 17 feet of the right-of-way should be retained for possible construction. of a future turn -Ground circle when the street is reconstructed. Alternatives- 1. lternatives 1. Approve the vacation, subject to retaining the southerly 17 feet for a future cul-de-sac. This would allow the house addition , but would eliminate future construction of a street. 2. Deny the vacation., on the basis that a future sl-.reet may be constructed on the half right-of-way. This is the case on Duluth Street'.,,, between Leland and County Road B. This would allow construction of a substandard :street, but would prohibit the house addition. - 3.0 Deny the vacation, on the basis of #2, and approve a variance for the construction of the house addition. This would allow construction of a substandard street and the house addition, but . the addition would have a substandard side yard setback. Analysis The main question is whether we need a Duluth Street between* Junction and Leland. On the positive side, constructing a Duluth Street would allow .one lot to be split off the rear of 1172 Leland Road, making more effi ci.ent use of the property. It would also provide'a second access to the homes on Junction Avenue, west of Atlantic Street. This would be more important if the Junction Avenue dead end were extended further west. This is not likely though. The property on the south i s • owned by Ramsey County and would not be assessed. This would make the project unfeasible. 2 Fti On the negative side, Duluth Street would be of substandard width The property owners on the east s*de would be assessed for abou-LI: half the cost, but would not be fi J I of able to se f additional lots, Recommendation Vacation of Duluth Street, between Junction Avenue and Lealand Road,, except for :the South 17 feet, which is retained for future constriiction of a turn -around. Approval is conditioned on retaining a 30 foot wide utility.e*asement, Approval 1*.s based on the following findings: 1., It is in the public interest 20 It would not be practi cal to acquire an additional 30 feet of right-of-way for a standard street 3. The public benefits donot outweigh the construction costs Enclosures 1. Location map 2. Property line map 3. Appl i -cant's letter 3 A c t L on b y C o -1-1 mo j Dat.a. �►� `✓, 1 n -� Skv m YY H U A U It NwLme f1 r s J ? N = J - =1 .J W W w z- ? Qz cr EDGENILL RD. =I } W 2 o < 65 cocr Q 0EkA0NT v AVE. �.. tf._":OOK AVE E. eat vii x - W ` 22 AV lith AVE 61 '� -- �1 ' Q} 00, S E X ' 1.._�.____--I GERVAIS AVE. RVAI AV 'O G is 7 9 �' 36 ASTI.� _ M E R R E N 7s S t E R EN At,' . .... S OPE AVE. COPE AVE.. e� / E' ! _ t~ ~ MARK AYE. LARK :&:VE. �.: LARK AVE,, z -;25 La 0 �.. , ILAURJULRD. LAURIE R w RoQ Y cr- c� LELA!iD- 25 4r iU TIC)N AVt. LN +, W Y U RKE � AVE. BU KE ELDRIDG AVE �• �aPLEwdOD R r X ►-- ,' ' T A cn v �'' W PUBLIC WORKS R SELMON IT a AVE. N .64 aOWL� (1 � r N VE v SKILLkth N CD AvE. = MAR RIS 500 D LA. 3VAR �.: ��►. cc AVE D ROS WOOD AVE.t1b RY RY IAN h Q ire 28 _ N �`' 28 • ; L FROST u AVE ►- iA� •' ;M i a ',1 500 ,' IL 27 ' F NF ON AVE, y IR a J SU E R F_. or C •.v rT . f � q .� a ate[ J d 3'� -� [� � wCD 4. ' do FR'ISBIE AVE. a a aG 5 \ / O m 12 114� 1 P L E Y AVL. �" ` 27 QX Woke /i e l dcc - . r.... - W - Lake _ I PN lA -,tiE u a -- 29 R o u n d .. _12 .� Lok a '� .¢ _ - FY- z SOP P i I -' c_ �: c_ ..r z l ; z Locke Pholen i x j Q x PRI E A v JY -� >30 t l' 62 4 61-F1 F1 n F1 F1 F]nF] a7 n DONNA BAUER PETITIONER . STREET VACATIOfd REQUEST Lv U Gam` t r i -t r � *U 10 i. gon c s L A RK Jc lol - 1 • � � rte. F Aawl; ~ #^ 7v- i Ib ',T C r• �y�4tls _i _ ti �s � -;� �.. ;� � _.r• t^ tir ,., �,"t � - t � f R ' �j• - �{ • _ wa -�.« t Tiles y Q u, � 1 OS' � � r, s s � +t ti ► ' C` '� /y � ` i e� � �+ -� � Z 2 -• � ?, _ t . ,.,? `• �' •. J L. , !Y, ! H - ;l ^ ^ - .� Q �.� _ y..r+ f. n .a i l .� % A -o -1 L _ �• a . ♦ j • - C. ••.%� J l 7 .A .r .r- 10 a w s L A RK Jc lol - 1 • � � rte. F Aawl; ~ #^ 7v- i Ib ',T C r• �y�4tls _i _ ti �s � -;� �.. ;� � _.r• t^ tir ,., �,"t � - t � f R ' �j• - �{ • _ wa -�.« t Tiles y Q u, � 1 OS' � � r, s s � +t ti ► ' C` '� /y � ` i e� � �+ -� � Z 2 -• � ?, _ t . ,.,? `• �' •. J L. , !Y, ! H - ;l ^ ^ - .� Q �.� _ y..r+ f. n .a i l .� % A -o -1 L _ �• a . ♦ j • - C. ••.%� J l 7 .A .r .r- ,� a P ETI�tDNfR . ESTREET VACATION REQUEST • ' = C' i'.' t t �. `..' .,__. _. .. .� � «., y�J � � Amt /(i , 1 i it_, A '' � 1, p {i i �;( � g - CA >. -f . � c .l i w -•{ � -;� :%+ ' � ., ! ,� t•3 '' t L c :) a c• i g y i ... _ t y t c. _. .Z .1 A r i L.• w •_ 1! t ELAND `lti./j1 7 .A a vtiw•r.w+...r.... ... .--••..►�._. ._ .-.� - w.-+.+,w-iw.M.ww.•e.w�+.a...- ' .w •..•++�r.w..w�_ _ __ _ _ _-__� e `FI L. I NG REQUIREMENTS At the time of official filing of this -petition, the following additional information must accompany this petition (Note: No information filed will be retu rne-d to the petitioners) 1. An Abstractor's Certificate listing the complete total number of property owners abutting the area requested to be vacated 2. A complete list of the nares and ad.d.resses of all property owners abutting the peti ti.oned vacation area must be submitted; 3. A Ramsey County Assessor's property -line map which is c1 early marked and designated showing the petitioned area; A f1 Ii ng fee of $30. 00 sha i I be pa d a-- t hila of f i 1 in the petition. Such payment is designed to partially defray the . incurred public costs of processing the petition. (Note: the fi 1 i ng fee is not refundable regardless of .app? i cati on outcome). Justification of Petition The following -represents the petitioner's justification for requesting the vacation and further, explanation i s given as to the purposes to which the . aroa would be put or used (Type in j usti f i cati on and explanation of use) A/ �ILA 1 -2-2 <:f Notice is hereby given that the Maplewood City Council at its meeting of Thursday,. July 3, 1980 at 8:00 P.M., i n tie Coun.ci 1 Chambers of the Maplewood Municipal Building located at 1380 .41 Frost Avenue, will cons.i der and publicly ,hear remakrs regarding a proposal to vacate Duluth Street, between Leland and Junction.- ANY-PERSONS unction. ANY-PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD r7�� �� '� e 1 49 i $. NEW. BUSINESS A.. Street Vacation -- Duluth Street (Bauer) Secretary Olson said the applicants are requesting approval of. the vacation of Duluth Street between. Junction and Leland. Staff is recommending approval as outlined in their report. Chairman Axda.hl asked if there was possi bi.l i ty that Junction Street ` may be requested to be extended west. Secretary Olson said there is some possibility of that. However, thi s would result in a long, dead end road. Ramsey County owns the property on the south, therefore, only the north portion could be assessed. Chairman Axdahl asked if the 30 foot right of way north of Leland Js improved. Secretary Olson said, he thought it was it paved right--of-way. Chairman Axdahl asked if there was anyone present who wished . to comment on the proposed vacation. Corfni ssi oner Barrett moved the Planning Comi ssi on recommend to the city council approval of the -vacation of Duluth -Street betAieen Junction Avenue and Leal and Road, except for the sou :,h 17 feet, which is retained for future construction of a turn -around. Approval is condition on retaining a 30 -foot wide utility easement. Approval is based on the following findings 1. It is in the public interest 2. It would not be practical to acquire an additional 30 feet of right-of-way for a standard street 3. The public benefits do not -outweigh the constructi on costs Commissioner Whitcomb seconded Ayes all, ... .... .. .,mak.. � 5 r. MEMORANDUM TOO City Manager FROM: Director of Community Development SUBJECT: Expansion of Nonconforming Uses DATE: June 9 ,, 1980 Request Staff i s requesting that Section 912.010 (5) of the City Code be amended to allow expansion of a non -sonformi rig use under specified circumstances. Existing Code. Section 912.01.0 (5) NONCONFORMING USES OF BUILDINGS: EXTENSION PROHIBITED. No existing building or premises devoted to a use not permitted. in the district in which .such. buil ' ding or premises is located, exce- ' when -required by law or orrder shall be enlarged, extended, reconstructed, substituted or structurally . altered building or premises is located, except as provided herein. Reasons for Change is The intent of this code is to avoid improvements to nonconform. i ng uses which would discoura le future planned for devel opmk nt. The key issue i s whether or not a particular improvement has the potential of discouraging future planned development. Not all improvements possess this potential.. Thus, requests of thi s nature should be reviewed on a case by case basis. If the improvement will not. significantly affect future development, through conversion or replacement, it should be considered for approval. 2. There are two options for expanding nonconforming buildings under present Code: a. apply for a rezoning b, request that the subject use be designated as an allowable use within the district in which located The use of a special use permit would be. a preferred way of deal.i ng with a request to expand a nonconforming use. -That i s , criteria are established by ordinance which must be met on a case by case basis, zones need not be changed, , permi teed uses within a di.stri ct need not, be expanded, and conditions can be attached, limiting expansion. R e comae n da ti o n Amendment of Section 912.010 (5).of City Code as fol Tows: Secti on 912.010 (5). NONCONFORMING BUILDINGS OR PREMISES, No exi s ti ng' building or premises devoted to. a use not permitted .,i n the district in which such building or premises is located shall . be enlarged, reconstructed., or structura-1 ly altered, unless a. required by law or government order, or b, there would not be a significant affect, as determined by the City through a special use permit, on the development of the parcel as zoned. MEMORANDUM • TO: City Manager FROM.: Director of Community Development DATE. June 19 , 1980 SUBJECT:. Expans i*on of Mon -conforming Uses The Planning Commission made the following recommendation for amending Section 912.010(5): SECTION 912.010(5) NONCONFORMING BUIL.D'INGS OR *PREMISES. No existing building or premises devoted to a use not. permi tte.d in the district in which such building or premises is located shall be en " r larged, reconstructed, or structurally altered, unless: a. required by law or government order, or b. there would not be a s igni fi ce.nt affect , as determined by the City through a special use permit, on the development-, of evelopment- of the parcel as zoned I concur with their recommendation. NOTICE of PUBLIC HEARING FOR AN AMENDMENT TO THE ZONING CODE Noti ce i s hereby gi ven that the Maplewood City Council at their meeting of July 3, 1980 at 8:15 P.M. i n the Council Chambers of the Maplewood, Municipal Building, located at 1380 Frost Avenue, Maplewood, will consider and receive all public remarks regarding an amendment to Section 912.010 (5) to peer%m t expansion of a nonconforming use under specified circumsIanc-es. Additional information on this proposed - arre.ndment is on file in, the office of Comrliiuni ty Development, 1902 Last County Road B ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD Be Code Amendment -- Nonconforming uses - Secretary Olson said staff is requesting that Section 912.010 (5) of the City Code be amended to allow expansion of a nonconforming use under specified circumstances Comm.i ssi over Barrett asked if there was criteria established for "significant affect". Secretary Olson said there is not a spec i-fi c set of criteria, each case would-be handled at the discretion of the Planning Commission and City Council.. Mrs. Lyng said she would be in favor of the proposed amendmentas it would .permit them to put an additional on the home. She thought the proposed addition would be an addition to the community, Commissioner Barrett said he thought it should be stated that the City would determine if there will not be a significant affect on the devel o p men t of the parcel . as zoned, Comiri ssi over Barrett moved the Planning Commission recommend to the City y Council l approval of the following amendment to the City Code: SECTION 912..010 (5)0 - NONCONFORMING BUILDINGS .OR PREMISES. No existing bui.1 di ng or premises devoted ' tc* a use notp ermi tted in the district in which such building or premises is located shall be en- larged, reconstructed, or structurally altered, unless: - a. requi red by l aw or government order, or b. there would not be a si gni f cant affect, as deterr�i ned b the y City through a special use perms t, on the development of the parcel as zoned. Commissioner Ki ;;hel seconded Ayes - all, M MEMORANDUM TO: City Manager FROM: Director of Covimuni ty Development SUBJECT: Special Use Permit LOCATION: 1960 Clarence Street APPLICANYOWNER: Elwood Lyng PROJECT: House Expansion DATE dune 9, 1950 Request Approval of a special use permit to allow expansion of a non -conforming use. Site Description - , Lot Size: 16,800 square feet, consisting of three 40 by 140 foot lots Existing Land Use: A 616 square foot rambler and storage shed. Proposed Land Use An expansion of the existing dwelling, consisting of dormer and stairway addition, adding approximately 400 square feet of floor area to the home. Surrounding Land Uses - North: A single family dwelling and garage, zoned LBC, Limited Business Commercial and planned for LSC, Limited Service Commercial. East: Vacant Land owned by Donna Funk, zoned LBC,- Limi ted Business Commercial and planned LSC, Limited Service Commercial Southeasterly: Gladstone House (catering service)., zoned R-1. Single Family Residence and planned for LSC, Limited Service Commercial . South: A si ngle fami ly dwel 1 i ng and garage zoned R--1 , Si ngl e. Fami ly Resi deuce and planned for LSC, Limited Service Commercial Southwesterly: Clarence Street. Across the. street, Maplewood Foods and Maplewood Liquors zoned BC, Business Commercial and planned for LSC, Limited Service Commercial* Northwesterly: Clarence Street. Across Clarence Street, vacated railroad, right-of- way and vacant land owned by the City of Maplewood, zoned M-1, Light Manufacturing and planned for LSC, Limited Service Commercial . 1 Past Actions Deceribe.r 18, 1969 - The City Counci 1 approved a rezoning (R-1 to BC) of the property abutting to the s-.outh. However, the official zoning map was never revised to reflect this rezoning. Subsequently,, with the readopti on of the official zoning maps in 1970, the zoning remained R-1. January 22, 1970 - :The City Counci 1 approved a rezoning (R--1 to LBC), of a large . area including the applicant's property. Planning Considerations 1. Land Use Designation: LSC, Limited Service Commercial. No change i s proposed in the Plan Update. 2.. Zoning: LBC, Limited Business Commercial 3m Ordin-ance -Cons i derati ons: Section .912.010 (5) of City Code is proposed to be a�:�ended to allow expansion of --nonconforming uses if the expansion will not be significant enough to discourage development of the subject property as zoned. Anal vs i s -The -issue in this ease is whether the expansion of a single dwelling home would discourage the planned commercial development of this area. There seems to be a consensus on the eventual commercial development of this area -- Council has approved corn-nerci al rezoni ngs , the Land Use Plan shows commercial use and evel"I the applicant believes the area will eventually develop commercially. Tile house i n thi s case i s a nonconforming use. This means that it is not permi tted in the LBC zone. Routine maintenance may be done, but the house may not be expanded. The purpose of this ordinance is to avoid improvements to the property, that woul d make i t n, ore di f f i cul t to convert to a commerci al use ; . The.. i mp:rove ments proposed for the house in this case would add value to the-. property and may, therefore, make i.t more difficult for a developer who would want to buy the property and remove the house fora commercial building. The proposed improvements would have little affect on a developer who wanted to convert the existing house to' a commercial use, such as an office. . The proposed 1mprovements are not significant enough to discourage the pl. anned commercial use -of the property.. Furthermore, the improvements would enhance the appearance of the house and bring the floor area into conformance with minimum requirements.. The -a-ppl i cant's proposal should, therefore, be approved. When this app l i cat- on was initially received, the only alternative for al l owi *ig the applicant to proceed was to approve a rezoning. Staff was uncomfortable with this approach for the following reasons: 1. The proposed rezoning would not be consi stent with the Land Use Plan. 2. In order to accommodate the pi anned . use , the parcel would have to be rezoned again in the future. ' 2 I. Establishment of -the special use permit to address this situation was fel-It to be a better alternative. Criteria are establ i.shed by ordinance which must be net on case b case basis . In this way; neither the zoning ordinance nor the Land y Use..Plan need be altered. Approval would not be recommended if significant expansion or construction of a new dwelling were being proposed. Recommendation A rova l of a special ci al use ernit to allow the expansion of the appl i cant's horse Approval p p as proposed in his application. The basis for approval is that the expansion will p p pp not be si ni fi cant enough to discourage devel opment of the subject parcel as g zoned and planned. /1u •r • I 1.! �f t .1 f'.i' v l �. a M.. !a..M.Y:; TR.-Jx`SF+4.Lii•'.::?!•=_:.aR. �. t' l• � �• ••j•• .�- •~ �..t :, w.=ncn ...>ac.slsxa�rrrat:w�sv9 o ! �e cS. 1. L.� 4..� ♦.! ✓ .� i ,1...:. r>:uv �11s� at � r.«,au!.or..coal.I�w,:.+.rawa.O.�/u�t�amy�.py�±• enclosures: 1. Location Map 2. Property Line Map 3. Applicant's letter of justification .....gib RADATZ o X ar 0 U) J1 W KOHLM N A KOHLMAN AVE. cc z F-: zui Y- ROADc 6-11 V EDGEHIU- RO. 65 DEMON � AV E.cs w iz 0 AVE.ROdK E. 0 cr AV Cc 44 (D co 'EXTIUT AY I t 9 ERV AVg, G 6ANDVI flR•CAS IVIKIN SHERREN AVE R Ef COPE AVE. 40 AVE. LARK AVE. =LA R K Z. LAUR o: RD. ILAURIE] RD .1 z 0 4x ui JAVE. 5 !Dz. @Z 4 64 X: I oil nxi uji i cc AYE�� ou Kf~ A �� ��aK. k I D G -J AVE w PUBLIC WORKS 64 .mo�j T AVE. w > BLDG. AVE. NAS FtfS 500 Qt ROS X000 AVE. RY AN s h ate• JQ q z 28 -ro L -j 5) 07, 5 I R> 10 < r -,A JAV9 i cr W;S w W kefield 7 cr- w => U) K.1Ng5T1 2. < La*e 29 [PR. LC E E A AV (64• ) 65 ST. PAU L ELWOOD LYNG PETITIONER ZONE CHANGE .REQUEST N LOCATION MAP • R ALI co ,•, ..•...---- `—.—, � y fit, i•"` i 110 .... s tS vac• e"Z i 1co 14 FPA 17 I I _,,•w� _ t 2 1�t. s �s �R f RYAN r`r`� 12 -4 40 1 14 ELWOOD LYNG _PETITIONER ZONE CHANGE REGUEST . 2b Il S � 1 Z4 11-A~23 s ---• - vL 1 A: 2 Q. et A c4 i:v r I 5 4 '_� Z► }P' l 1 1 tc: 2 G � 3_ Z•� _ t 3c'� e; �t ____-- I. s • � � ? �, ,.�_ � If X25 2A • r--- TM �� 1� '• i 1 'r i �4 �' t? u= •� 14 A t �� 1� 1 e -A 1 k . [ ... ,. ► � t 3C'j ,, ,�.v ; y 30 , •=� 3 � 1 is -� ZE- �' � r � 2� - i f i �� ����� ,�G�� _ -� --- iy _mac a2 c�i,-U -�-�- C(i� .����� - - �� �, • � � ��� ` j t i • 1 r j . i • _ � � i ..._._... - �- i� 1 y .. r , i .� �� .� i I ..� �I � ' ,_,,,, . . • • V �.�. • • d NOTICE OF PUBLIC HEARING . ZONE.CHANGE/SPECIAL USE PERMIT Notice is hereby given that the Maplewood C f ty Counci 1 at its meeting of Thursday, duly 3, 1980 at 8:30 P.M. in the Council Chambers of the Maplewood Municipal al Bui1ding, located at 1380 Frost Avenue, will P P consider and }ubl i cly hear the request for a Special Use Permit or zone.. change. APPLICANT: Elwood Lyng 1960 Clarence Street Maplewood, Minnesota PROPOSAL: Approval of a sped a1 use permit to allow expansion of a nonconfomi ng use or approval of a zone change. REQUESTED ZONING: R-1, Single Family Residence EXISTING ZONING: LBC, Limited Business Commercial PROPERTY DESCRIPTION. 1960 CA arence Street ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD C. Special Use Permit - 1960 Clarence Street, Secretary Olson said the request is to allow' expansion i p on of a nonconform 3 ng use. Staff is recornmendi ng approval. of the speci al use permi t as outl i ned i n their report. -- Commissioner Pe 111 sh moved the Planning Commission recommend t ' o the C� ty .Council approval of the special use permit to allow the expansion of the appl i cant's home as proposed in his application. The basis fora approval al is that the expansion will not be significant enough to di scoura e develop- ment men t a f the sub `e c�t 'Parcel 1 as zoned �9 p= J p ed and pl annE d . Approval s subject ect to the Council adopting 'lLhe proposed amendment to Section 912.010(5)of th C e ode Commissioner Fischer seconded Ayes - a-110 MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Zone Change (F to R-3 and R--12) LOCATTON : East Side of White Bear Avenue, South of Radatz Avenue APPLI CANVOWNER: Sidney Johnson PROJECT Townhouse Development DATE.: Ap r i, l 28, 1980 e Request Approval to rezone a parcel from F. Farm Residence District to R--3, Residence District (Multiple) and R-2 Residence District (Double Dwelling) . Site Description 1. Lot Size: 4.6 acres 2. Existing Land Use: A single family dwelling i n the northwest corner of the property 2nd its accessory buildings Proposed Land Use 1. The applicant is proposing the zone change to enable him to construct six, four unit townhouse buildings. There would be a total of 24 dwelling units. 2 The existing single family dwelling would be remodeled into a double dwel 1 i ng . It is proposed that this parcel be rezoned tl R-2. (See enclosed map) . 3. The .remaining "flag" shaped parcel would retei ve the townhouse development. Surroundi n Land Uses a I& Northerly: Two double bungalows on property zoned R-2 2. Southerly: One double bungalow along White Bear Avenue on property zoned R-3. Also, County Open Space property zoned F. 3. Easterly: Single family subdivision in the -.City of North St. P-aul . 4. Westerly White Bear Avenue. West of White Bear Avenue is a 14.84 acre tract proposed for a townhouse and office development. O, Past Action 4-r3' 80: ' The City Council moved to i ni ti ate the applicant's zone change, since he was unable to acquire enough signatures for the rezoning petition. Pl anni.ng Cons i dera ti ons 1. Land Use Plan designation: Rm, Medium Densi.tResidential . 2. .This land use classification provides for an average population density not to exceed 22 people per net residential, acre. This density Js des tgned to represent those areas of the community intended for such housing types as single family detached houses on small lots,' duplex houses, single family row houses (townhouses), low density apartments with low land coverage, and mobile homes. 3. Zoning: F, Farm Residential -A 1 of division would be required to split the proposed R-2 lot away from the proposed townhouse site. 5. Building design and site design review are required for the six quads. 6. Section 906 of the Zoning Code breaks the R-.3, Multiple Dwelling Di stri c down into three separate categories: R- 3A - 3 or more up to 17 units R- 3B - 17 ' o r more units s.:. R -3C a Townhouses Public forks Cons➢derations Water and sanitary sewer are available from White Bear Avenue Anal . The proposed zone changes would be consistent wi'th the Land Use Plan. The R72 zoning would be suitable since it would be a continuation of the adjacent R-2 zoning to the north. The R-3 zoning would Le compatible, providing the density . of the . area does not exceed 22 persons per net acre. Staff proposes that the applicant's proposed R-3 property be rezoned to R -3C, which the Zoning Ordinance specifically reserves for townhouses, As the applicant has e.xpl ai ned , he could not get the needed signatures for his petition, because the neighbors feared that if rezoned to R--3, the land could then be developed with apartments. Staff proposes the R --3C zoning to eliminate this possibility. The applicant is -agreeabl e to Staff's proposal. 4 c 2 Recommendation Approval to rezone the northwest corner of the subject property to R-2 and the remainder of the property to R --3C based on the findings that: 1. Bothproposed zoning districts are compatible with the Land Use Plan. 20 The proposed R-2 zoning, would be in character with the adjacent R-2 property to the north. 3.The R -3C zoning would limit the type of development to townhouses, which would satisfy the neighbors concerns and fit in with the applicant's, plans. Enclosed: 1. Location 1,41ap 2. Property Line and proposed zoning map 30 Site pian. 4. Applicants letter dated [larch 26, 1980 Action by Council E n do r s e, e c t ed, 3 0 oil 1 TIGHTS E. o Z 0 C34> WHITE BE -AR LAKE Q 0 COUNTY ROAD I D G. A T30NR22W WOODLYKIN E. 34 Li FURNESS —/4— CT 3 XQIA a E LYDI A T29NRZZW z STAI LYDI A LANE BEAM m MAPA/JLW Al LIZ. 0. RA2AIZt-- V-41 NORTH S ui. . 14 > WJ KOHL AN AVE. w KOHLMAN z A ROAD c >232be?U N C� 3: U) EHILL RD. z Lu EDG ui z ;r r- < w uld cr— —1 65 DEMONT u- AVE- w R L �)Kj, 0 L lith AVE cc Lu SEX I AY GERVAI J AV Es 2 4 0 u"N AV /.P 7 v 36 CASTLE AVS, S H E R R E N A V E f RREN AVE- AVE. ORE AVE. LARK LVE. LARK AVE. > CL < cl w LAURIE =UR I E RDA M 6 L—��rr E:::g r .11 s' r rn 10' 110' too' 81 m �� 33 s� • t C . ' 4-9.5 r •c f3 etc. x.82 atc. 100'.tc7 14' W •G 1: b� tl►C . 7 , v ....MC.. .s 9 etc:. •81 ac, x I t f 5 r °�� 4� coo l! 0.30 (00 4•a ac. © ( `Z fil 2�0 �. 7 � l 3 4)0 C Z!5) 4003 140 Cu %®r rn �� N 5.23 mac. 1 1 t 1.05 a.c• .75Rc. a -35 ac. o } 4 b CJ 1.01 ac. . ro c�C. • 6 �s c. . Co� �'LG • . � C ciC, gi' 4 LL rj -- 4i S z . �o8 ac • „ Ulf -405b ' .., , 1 �s 40 (0-0 . 38 ac. r:f nro �, �c3 nt. �) UJ kA x 67 arc. 44{� 1�`� M + �. 3' 9 O - 5 051 z- t�5 I •Q��'` e _,� „'-. p.: , 1 t b..o�c�� r -e . V, 1. yIm!W4- : - 520) �$ . 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' � � " � - ' `.- - ` .` ' �,�,__~ ~'._^ �=,-�-' '-~=,_ —.�____-�_-_._________-��__ . __ NUWAY BUILDERS, INC. 1866 Tioga Blvd. St. Paul, Minnesota 55112 March 26, 1980 CITY OF MAPLEWOOD 1380 Frost Avenue Maplewood, Minnesota 55109 Mayor Greavu and Members of the City Council:. Within the past year, NuWay Builders, Inc.:purchased the 4.6 acre tract of land along the east side .of White .Bear Avenue, shown on the attached exhibits, It is our intention to re -zone the property from (F) farm use, to R-3 multiples (townhouse) and R-2 double dwelling also shown on attached exhibits. In the future, it is our intention to, request that the property be platted for the purpose of building townhouses in a manner similar .to that shown in exhibit two. Mr. Olson has informed us that since we have been unable to secure fifty percent of the surrounding property owner's signatures, L -* t would be necessary for, us to request that the City Council -initiate the rezoning process-. Therefore, we respecl-_-fully request that the City -Council initiate this rezon,Lng. As you can see on exhibit number one, we have gained the support of many of the property owners that would be most directly affected by our planse We have found little objection to our plans for a townhouse development. The concern of those who did not sign the petition was that the property would be used for something other than townhouses once the property was rezoned. We feel our plans for the development of the parcel would. be a good use of the property and would be in accordance with the city's comprehensive plan . It is our intention to develop a high quality townhouse development that would be an asset to the neighborhood and to the City of Maplewood. Thank 'you for your consideration. of this matter. Sincerely, NUWAY BUILDERS, INC, Sidney Johnson, President 4 Cy.-- of ` U o .4a Q r i 0 CC a.c. • .7s�.c. to •39 ac. �' ,�„' N � H Ln ,� .ta�3c. • �5ac. .tog,. -`�'� d�, nt s� . � o a ty 43 D o► , nt. wl 4 q - 5 45) D 4 5 •54 �,c. om tto ��a oto 48o i 3 3O 7 2 �Ca 5-0 � ;oeo 040 � � 8 �8 f � 2xo 1 '�. J5 7s too' + 5 9S 95' iCyCi' 130 12G 14 IQQ'. �► •� ' rn ' 100 t°,' lop• 140' 110• too' 8'7''+� . IDI, R 3 � $3' •,�, t 70' 70' Is- �? =< 3Go f • 39 c • 4�, 1 1 �, mac. .� 9 lac •8144.- .94;.� � y t 0 01 Oto Z' it 46o M �p 5 5 i.41 M M 1 +� AO el 1 Ito' t�0 12. C),MAW; t 2.3 / 1 • �622. 40 co Of 7 co 10 rRl t + Sf C'70 /w .ate, s . \` k / 4 ' /4 _ b4 s 01 10 Ls 12. : >A PA 5C- Y t.53 ac. 6S. �o• 30 i — yo• `� 57 cv f6,01) o3 a Q44 � � .ao �.c. P-00,- jam' 4: _... •s<cso y Li b ' Ui z, . g �� a G. 1 W. 0 130 "' 5.83 mac.. ! r :4c � z � r > CL 02.0 i ' ' t f' rn L1 _ JI 43. s N ck 010 43 T G � 3 � sr • Com`- � � � �;� . 1em 4. cv NOTICE OF PUBLIC HEARING REGARDING PETITION FOR CHANGE IN ZONING DISTRICT CLASSIFICATION Notice is hereby given that the Maplewood. City Counci 1 wi 11 conduct a public hearing on Thursday, June 5. 1980 at 8:00 P.M. i n the Council' Chambers of the Maplewood Municipal Building located at 1380 Frost Avenue,,, Maplewood, Minnesota. The purpose of said hearing shall be to consider a change in Zoning 'district classification filed by: APPLICANT: NuWa Builders, Inc. 1866 Tioga Boulevard St. Paul, tvii nnesota 55112 REQUESTED ZONIN10 CLASS FI CATION: R-2, Double Dwelling Residence District R-3, Multiple Dw.el 1 i n g Residence Di s t r i c t The City Council will cons i der. establishment of the above Zoning District Classi fi czti*ons or such other classifications it deems appropriate for the following described area: PROPOSED REZONE PROPERTY. The South 280 feet of that part of the N 1/2 of the SW 1/4 'of Section. 2, Township 29, Range 22, lying east of the Centerline of White Bear Avenue. (White Bear Avenue, approxi mately 340 feet south -of . Radatz Avenue) ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BL HEARD } f IRx, r „":. q f Hi i� d � • BZone Change White_ Be ar Avenue South of Radatz Avenue . - . o rezone a arcel of land from Secretary Olson said this i s a request t t P - • le .and R --2a Double Dwelling. Staff �s F, Farm Residence to R-3, fjul ti p • outlined their report to rezone to R-2 and recommending approval as out) in n R 3.C. • answer an questions the Sidney Johnson, said he would be glad to y y Commi ss ion. may have. ' of the people in the area have been Chairman Axdahl asked �f all P . P surveyed. • c� contacted everyone within Mr. Johnson said he believes eves they ha v • 200 feet of the property r�ai n concern of -the surrounding. property owners , . James Brown said the ert Townhouses whether apartments would be constructed on the property. were gore acceptable to the owners. • l access would be off White Bear Commi ss i caner Howard asked i f the on y Avenue. Mr. Johnson said yes. • Pl anni n Commission recommend ,that Commissioner Fischer moved that the 9 _ • he rezan� n _ on _ the northwest corner _o_f _the the C�_ty. Council approve t _________9 to R_ 3C based _ ..__- p r t t o R- 2, and the remainder of t h e_ property subject prop -__ on the following findings: •compatible 1. Bath proposed zoning districts are with the Land Use Plan ' would be i n character with the adjacent R-2 2 The proposed R- 2 zoning wou o property to the north • type of development to townhouses 3. The R- 3C zoning would limit mi t thea l i cant' s ' he neighbors concerns and .f� t in with the pp which would satisfy t g plans. • hel seconded Ayes 8 Cor�m� ss � oner . K� s _ Commissioner Howard Abstained TO: City Manager FROM: Director of Public Works DATE: June 26, 1980 SUBJECT: REPAIR OF SEWER SERVICE, 1935 EAST LARPENTEUR Mr. -Rodney Johnson has asked that the Council review his request for reimbursement of a $2,000 sewer repair bill. The informat-ion presented in Mr. Johnson's correspondence concerning the timing and nature of construction in the area is -correct. A representative of the City did confirm that the sexier was broken at the centerline of Larpenteur Avenue. The City staff has denied . the request for the following reason: 1. The Council adopted sanitary sewer connection repa-i-r policy limits the City warranty of i_mprovemen cs to 10 years 2. There was a considerable leng-th of time between the construction of the sanitary sewer and any apparent problems with the service. by Council'" �,� � �'.. �'.J .... w.s L: 4 •. ,m•mv^.-•�Gne�+�rrr.+unssv.+� WLB/mn is _ cr D at f r 1 4. SANITARY SHWEP. CC?�.NECTICN REPAIR POLTUY. a. Administratioi' Staff -report.-by Admi istrator Mc- Ivfaholl was presented reLparding the Sanitary Se-wer Service Repair Policy requested by Council at a previous meeting. b. The policy was as folloWs: I. Residents niilst notify the Vi13 .L e all of any fr stoppa�c of heir pri�•atc se���er. i`illa :e'funds-Will . Flo: bc� c:�,pe�'led for ��►orl; or ser�Tices p�'rf o, :red -�` without supcn-ision and in.spcct ion by vllla�,e per- - .: sonncl. - . 2. Vill?.c-c personnel � 7ill inspect the main se«•er ir, the street to isurc that ii is clLa: and functioning. If the sever main in the street is not the source of the problem, then. thrC priv2 tc hol.:se sev.er will be inspected for location of s; oppage: a) The property OwAlcr will bE responsible for re- • _ repair s, etc. if ihr. stoPpane is 0 -pined to be • on private prOc, ty. . b) •phn yrs lar,r. Will -I sun -,c the cost of repairs if the hiic rp c;..t , stoppar'c is o;� p�� p. p y - 3. If on ubli;� property, the vil f aL,e Evill at tcr.�pt to p --.,- )roced- �reniove it by means of roi•4, ,11 cIennln� l` ures. if �nfi��ccess ul, the sr,Vr-r will be excavatedt to effect -,cpairs, an;? bzc' Me•d. Payment for cicaniny and (or) repair of tele , sewer on public property will be by the �Tii1�3e. In no case shall I • ��.irs inclluc sodctin, or landscape ti•.•orK. . These rep These shall be t:l�e c) ner s responsibilitti-. f, This policy shall be effective on a one.ti�lze basis only. Cleaning and (or) repairs for i;7x21ch v3�.a e _ funds are expended shall constitute execution and . tern, i:�ation of the guarantee asstated. S. This polio; sl1all b^ effective i or a period o,r to r <y -.c Cewer main in years foTlov. i;in con:-Lructla�2 Cr< < the street, sub}ect to the conditions of Itcin q above, xi hiChever occurs first . •.repair and cleanln� of private house sewers for which Vill-,2,e funds were exp^nded in Zne past shall not be eli ;ibl` for further benefits under this policy. , C. Councilman holm ti�ci� �n2o��cd to adept. the Sanitary • 'Sower Sen -ice Repair ��z�lA .0 Sec.or�ued by Council- man 'ieaerL Ayes - all. (Council Projcct No. 6.9-38) 1 -Incy J d Johnson . . 1935 _'was t I.�grDenteu.r Iy�pl.et� 0 O I,� 55109 day 13 ., 190 Tarr: • Fran Jiiker 1'41ATrrooc? Ci tvT Counc it 1":50"'0 Fxro s - Avenue T•p1.ctoc�`.g �'L 5�1 C F' Dear. J�a?rer 1 am w,-y-itinr to request a hearing and your consi.'eration in reviewing a sewer problem 111mve bade In a nho e c ��� t• A �, n onver,s�,tion w it.h Bill Cass � 'h,. Puolic I To -%-k. s l Depa r' went on i.y 1, 1 GSfl p he indA.icated a c i ty 2.olicy a �.?�i'in.g c zt�T Iia big i U Y, to Tr �'' r �• -nom. n -, , -t- --^ s .s •_ ` .x_�, 1 ,� Car, i Ow �i�.ut.Je to Pr��'at s w,e lines -as a r result of city co�L v?"'aCZ :� COn�� V� uC%? on p1: CN11r n. to hi.1 f ro: � oVr:-;?'1 const or . nf; the ; le' --rias Gr' .`my c l ai?:. in11ca tC that tle proffer appeal :rau�.d be ct it re tl to the Ci t Council* ILn nce this le u ter • L he 'D� �.oi; ir'ag iS a i�'3ef_ h�.stor`T of the problems hn y a tte::? '" r 4- �� �, u.� .�o .n� a sol utzon. Mhe uci�'�'r line 1'T `= ► to :`' e r ' ' • r -a" .:n,. �a11ec _, house 3n 195.1 and connec u� to the S'. Fa.ul. 3- -1-n at la pelntevr and 'arlche S tr ec t which is direcI ly across 11"r O r --.y hone. i•apJ ejw=ood cher. ins UC-;-.Llcd a sanitary seV er down 1 -he cente"L of .��.rp�;rl tear �:i�'�;n;zc in Front of this house In 1c"9& This sang tary setter as run flelo:r 4r sai.;er Line c ons tructio+� r eaui-_ cutting _1 line ani pa tc nine i. t to rc'her a -•a in® i �r m Bly, .� yy b't�il t t1lkt , �"�o;.i.^o an--! live-' ,,�l,re u til 1 9,71 � sta.te � teat thcr e were no Is e, e:" 1)r oble S v7?31e lite �_�t. y'E3` '.rS;:1 �:. �n 1-171 a a?";� e stoseY1E _,. an.,: 1 feet (aroen Ue, � �.r� J.er zr�~ p� o-ec-� �f.'ci.:�� un ew' ;��.I'Le; �a the .storms serer was alt.;o run' belo:,T m, ks er line an.." con - is tru^tioI1 3nu .?"Vu ? anc_.i replacii-,-.�ewe_r�.ines ?i1r.'.�tlri3ni� i:1�` ot:�1• A n�`i .7 1. g JV 0 1•:aS no -Tie ,` th�� t11;,,, Sa ? this :-,r s a ver. -o- l al -,-e. P-roj ect and" thee.tre'nch Q1_�r epposcd ray ;� �.7Ar pipe f'ro 't�«, `' the street to near the curbs.'�p�.� ..n'ly �' ce1�t�X' o_ he c free ' �r� 1.-)y seVITC. in.. was eLd an,,' . replaced a��.ln f A omhie area over the sanitary sever to r �I,Q curb. Ee. tram JonnE':on, who purchased the hck1se in 1971 began :avin� sez,�cr Problems go irl down s3o,.f 3.yg bacl:-up, etc• ) which have c ontinuec since 1 bought ti1e- house in " Wb$ 1`Je f'oun that several a'ter.,pus to clean tip. line sho;.led that a rotary se: cleaner would not go all the gray through, but t•loul d Ston a t . 1 approx_-ate1.y- the f;cnter of the street* This c1reaninr; 1.,!o � et n �• -'�-� r , ; �, the �a el �10 trop again each tine but ,.rouLdnr t last very long. In the springof 19"9riy tolerance reached its ;'1_im1ts and began try �n� to met soi:ie inf'orrra.tion o_Z ,.V, here my sei•:er line ran andi i,,T t coati c have; cause this problem. Initially both Ste 1'G,_ul and I•apl.ewooc� claimne I I --,as hoof:cd a to their lines+ and no one seemod, to enol. -r very Lmchd Af'� . 'rat� mer r.�uch fru,on, st. Paul—Is In J. �at.�.on rr�vc� to be the r�o accurate . Fina lly� in July_ 7 079 i :.: a c able to get S-�-, o �'aua. Public Hor_L;D to come out ane: Locate the mnhole across Larr. at t-�e en of v_ e v into i hich my ei e_r Cti c: in m � r r; T ,•�� Acne S�-r,-� - �- t t _ �.�� • �. hc .�Inhole Yo.J been bur a.l_:_t�,.�t 2 feet below tllc surf ace of the road in tete 1971 si. orm sewer ani :�'r. eet ��z��Gn1..22�' prod ec;t� �' he tD manhole eras rai.cd to grade a.nd . the location of my sewer could be c3 e.'ermined • Daring this ti_r.aeg Prl ce I-iller, lb pleowrbod Public Worjru Coordinators(oorI e nOnrlenCe enclosed :;a,� a.1�1_e to outline t'zG procec?urc? nccc; , any to resolve the problem and R E-Ctt_ - � i Jnr nn�� contractor ce `'av::1 ted 1 engaged I-,aple.roou be er Wa `; •nc®, ("'at. ':• ley} paha dug up thr, lino on _':rail s 1q '0 at a cost of ^2 OC nn� n .r f c 00 o J UN 7 ENGIN.6 �h�C: OF4ICE Pa gr o 'NT o May 13) 1930 Copies of the esluira.te, bill and letter are enclosed. As 1x'# Daloy indicated in his letter and others could testify to, including, Yts U11 ild in c er s Rr Dale Bob Vezina, Famnsey Go Ay 'ic--' Department' and three T_n-r,3.rnbers of ,_.(_�tticd bacily di-rectly over thr_�, '-aPle-v.-rood. sanitary -sewer at crew, n.y line.,had I the center of enclosed Avenue. Please see the enclon' diaf----ams. Rio sections of clay pipe form -C -m a shm.-D "T' with the center being 12 to 18 Lncne.s below proper grade. The pipes had separated in' the center at,: the low mint and this is i-rhere the bloclkage -1,ras oc%-_,.,urrL_-1P_-- In several large pieces of old blac!_._--top vrere directly on th--..�.- -DiPr.-.-.-, at this point and in the area arounU ' it. It seems ve--tY obvious that this dar.iP.,ge was the direct result of the previous '-y Melltionr,_-.,Id T:)-J-ojectc_-3 and CO-1-Mact ng' and, biack-filling. The soil in this area is heavy clay and r3eiler settling si-1ch as this can ordy be the result of i q Ir &o'e.* "dues. the sewnr line has not settled badly. 'T"G e)he remainder of c I inT" has done so only r e the line v?, s d. u:-- under and cut* ThE! aT_,,ioull t of ti -e that haps- passed Sjiiice these projects* were com.-pleted (21 years anc, 9 least vr' ich rine'. to Lin a,`,r7ressed- Thc� s- r-wer Problems hevan az yea. -t -s) If.-, an issv_r- M 1 7 as early as 1971 which V.as, 12 years follo.ing, the s6mluary se-.-Ier project a n d, 'iately follo-7ing the st.o-1-i-,) seater project. could ItU well be t-h�at the s"con' a pro-)Ct, a -�-f U rra-vra'nr:� a conri'ition ha'%..3% tg n with the first project or tha t -e it hr�)- bc -a 4- pro o i e C ,.,.,a U s 0 ta I 1 11 e, SO 'Do n,-3 J.,'D 16, �Duronf7c o ul a" be m..'e f 0 r cany of t " h- e s t P 0 6,-!# "s I b 13- i -U 3 es,it �naipoint oin'i t s Ja, t J_ lacr o" bo'h ofI hn projects cause) -1 d co"I "-.,N;a g to ny s lv: o- l 1m. e tanCes dictate that the City Council accept responsib4li'y I feel -I'LI'LLat- 'Uhr.-,-- circ,amm.. I U an .f. reimblarse me f - or th.,'D, -r,")4'2)-v000a,00 repair bill* I would" appreciate your. prompt consideration, and reply. Sincerely yours., Rodney 71 drinson Enclosures Copies to: J'a'yor tj.ohn Ca-eavu of the City Council V rj NqA P, LEV, 00 f • crane k -i V--VA,9 ER Sold imd ,; ohr OYI 1935 E' aTT 5�9-27 -LOW Eli ST. PAUL, MINN., 55109 Phonc :7,7.ro33-33" 778--1199 TERIAS: NET CASH WORKMAN INVOICE DATE-�� CUST. PI-tpN: NO .... �....:� `1 DESCRIPTION a Sewer 11 yi e As contracted 'r �i a r) K Y O U C ncitui r Interest Chu*7ed on All Post clvc 0(c0unt%- -'q a/, r:1, Complete Sewer and Water Installations • 1690 [NGLI514 STREET ST. PAUL, MINNESOTA. 55109 April 30, 1.980 Mr. izod Johr.svn 1935 E. Larp. St Paul, Minn. Re:, Sewer 1 eDai 1. . We .found that the pipe had :Settled over the sewer main in the street. ` ne mater-ia-ls used in backfilling contained pieces of . b1ackt op which is hard to comact properly. Respect a 1 i Pat Dc` lcw fres . G AR A Co z I -AR P 1 .� Ce�r}, s 0� Iia ANA R �4 HeJ 1955 . �T Yui vi a C4 Ad to�-Aw IA .4 d-- V- 4- 4- Ad e CC)) .....'— 1it3O 1�1?( )` *l AX x;,1't'I;° M.1�'I,I;1�`OM), M INN I S( )TAr�jO�) DFP_ RT'MENT OF PUBLIC WORKS 777-8131 April 19, 1979 Rodney J. Johnson ° 1935 East Larpenteur Maplewood, 'A' -.IN 55109 Dear Mr. Johnson: - i I have investigated matters relating to your sewer problem along with City Policies which govern such casc--s. I have made the following conclusions and recormlenda tion.c-1, based upon this existing Generally, the property owner is responsible for the upkeep and maintenance of the sewer line from his house to. the main sewer, unless there are -special circumstances, x.Thich there may be in your case . In any event, the property owner i -m -is t do the following: 1. Secure a street opening permit for the excavation 2. Engage a firm to do the excavation and repair 3. Notify the City in advance in order that the proper City officials will be on hand to inspect and determine the cause of the problem. If, in fact, the problem was caused by actions of the City, the City will be respozis ib le for the costs of the ' repair work. If you have any questions, feel free to call me at 770--4550. Since ely, . Bruce D. Miller Public: works Coordinator, BDM:o C E MEMORANDUM TO: City Manager FROM: Director of Public Works DATE: June 26, 1980 t SUBJECT: FINAL PLAN, FORST AVENUE CONNECTION PROJECT 78-9 Ramsey County has submitted the final plans for their, portion of the above project and a draft agreement covering con- struction costs. The county project will include the following: 1. Construction of the Frost Avenue connection (street, curb and gutter and storm sewer) between East Shore Drive and Frost Avenue. Project includes construction of cul-de-sac on East Shore Drive and the closing.of Parkway Avenue . fr. om East Shore Drive to T.H. 61. 2. Construction of watermain on the .Frost Avenue connection to complement f ac 1 lities being con- structed by the City on Frost Avenue and East Shore Drive, 3. Improvements to the Keller Regional Park including reconstruction of the driveway and parking area east of T . H .. 61(3: 4, Construction of. portions of an overflow diversion and treatment system as part -of the :Whalen Lake restoration e,,ffort. The proposed agreement. is in accord with the cost anticipated by the City. Staff has made some changes as indicated on the draft agreement . Approval of the final plans and approval of . the agreement as amended is recommended. ' WLB/mn Cr /0 .1 .• -1 J. D as t At A C/TSJ OF IVRPL EWOOD BZ.2 y CONCRETE Cugg e GUTTER ISTATF, WID 0,,FO XC 75) !//.4. % X 556V 00) 6,y82.55 WR TERM�9/N IMRPL E WOOD 78 - 91 3 3 33Y. 25 5TQRM SEWER (,20.01 `Ya X $117,677,00) 23.582.'/7 7 -07 -RL 63, 399.27 C. S.R. H PROJECTS ' S.R.P.- 6Z-�Z8-d2 � 346,099. /5 5.R.P. &2- 062- 03 Z9 8, 287. y0 SUBTOTRL 69'!, 38b.55 LESS /7RPLEWOOD PART/C/PAT1oN STDRM SEWER 23, 582. y7 BG2�CURB GUTTER 6,'182.65 TOT�9L 3 0, 065.02 T07 -RL EST/MATED C.S.R.N. FUND5 66"y 321.53 S.R.P G2- �,z8-oz CC.S. A. N. FUND5) 3E30, G,27..38 S.R, 62-662-03 (C.S.R. H_ FUND5} 283, 69� /5 TDi-RL EST/MATED C.S.R.X. FUNDSG6Y, 32/.53 COST B1?ER1l00WN - SToRly SEW�"R CITY OF/7APLEWOOD tZO.O'Y% X 51/7,677.00 � 23,SSZ.y7 S.A.P. 62- 628-0z (57. BY -10 OF 79-94,% OF j /l T, ,a77. 00) 6711"(12y. Z8 S A.P. GZ--6Z-,03 ('S12. /G % OF 79.46 OF S /I7, 6 77:40) 317,676.257 f li 7,67 7.00 FRUST 19VMUE PROJECTS COST SUl` M91?p CITY OF MRPLEWOOp - lv3,399.z7 C.S.R.I/. FROST AVENUE CS.A_P �Z- 628 -oz) 380, 627.38 C.S.Q 9. FROS T .Qt ENUE CONIVEC 7/OA,' C62 - 6&Z - 03% FROST RV ? Fh 5T RPZ-. CoNNEC TiaNc3is�£WR� ' tCoUNTY ROAD t ,gRrDGEj- 11 l��1.75 LR E PI -IRI -,67N ;TE S TDRR T/QN E. RA 5 - 84 y� 90 020 yS KEL L Efj LOOP RjJRp f?o. $, 7q/S2! • 6(0,0 S. /5 3, �9l.c.0 KEL L ER L ooP : "0.9D Ej/XEWI�Y fjD. S. 79152 8, 5Z3.110 T07"RL St O o {I ` Kamsey co, u^~~y DEPARTMENT OF WORKS .3377North Rice 8trcet Saint Pnu\. Minnesota 55112 (612) 484-9104 June 13, 1980 Mr. William Bittner Director of Public Works City Of Maplewood 1902 East County Road 8 Maplewood, Minnesota 55109 ' Divisions of: Engineering Maintenance Mobile Equipment Environmental Services � .. Frost Avenue between Parkway Avenue and Walter Street, SAP 62-828-02 Frost Avenue Connection between Frost Avenue and East Shore Drive, SAP62-662-03 'Lake Phalen Restoration Project, EPA S-8046-90020 (Keller Lake Overflow Diyersion and Treatment System) Keller Regional Park Development, Project 79152-1 City of Maplewood, Water Main Project 78-9 ,Accompanying for these projects are: ' l. Mn/DOT Hydraulics memorandum dated May 28^ 1980 ' ' 2^ Engineers Estimate and Cost Breakdown` doted June 13° 1980 3. Rough.draft of agreement between the City and County ' . The agreement has been submittedto the County Attorney's office for ap- proval as to form. r ' As we discussed, Ramsey County will be conducting a public hearing on these projects. It will, therefore" not be necessary for the City to conduct another public hearing for the County's purposes on theSe'proj- ects . -ect3. We will, however, need to submit evidence to Mn/OOT that appropri- ate public hearings have been held in the Citywhere County State Aid Highway funds are used. Generally this is in' the form of a copy Of the notice.and minutes of the hearing. Ne would appreciate. your scheduling the approval of these projects before ' your council atth lf t opportunity. The Original title sheet for the May red'at your request. == , 'Wayne ~p. LeOnard"~P.E. Coordinating Engineer ' - - UA}/Clm ' Enclosures DRAFT • THIS AGREEMENT, by and between the City of Maplewood, Minnesota, a municipal . 'corporation, hereinafter referred to as the "Ci.t " .and the Count of Ramsey a . y y �, political subdivision of the State of .Minnesota hereinafter referred a . � to s the "County; r WITNESSETH: WHEREAS, Parkway Drive from Keller Canal to Frost Avenue, Frost Avenue from Parkway Drive to . Wal ter Street, Frost Avenue Connection 'from E6st Shore Drive to r Frost Avenues East Shore Drive from Frost Avenue Connection to Keller Parkwa . Keller Parkway from East Shore Drive to Trunk Highway 61 Frost Avenue from Keller Parkway to Parkway Drive, and Keller Park from = �ake Pha1 en to Trunk Hi hwa 6l y are wholly within the City; and WHEREAS, Parkway Drive from Keller Canal to Frost Avenue is a County State Aid Highway (CSAH 27) , Frost Avenue from Parkwav Drive .to Walter Street is a County State Aid Highway (CSAH 28) , and Frost Avenue Connection from East Shore Drive to Frost Avenue is a County State Aid Hi g sway (CSAH 62) ; and WHEREAS, East Shore Drive from Frost Avenue Connection to Keller Parkway was a County State .Aid .Highway (CSAH 62) and has been turned back under previous agreements to a county road (CR 113) ; and WHEREAS, Keller Parkway from East Shore Drive to Trunk Highway 61 was a County State Aid Highway (CSAH 22) , Frost Avenue from Keller Parkway to Parkway D.ri ve ' was a county road (CR 118) ; and WHEREAS, under terms of projects approved by this agreement Keller Parkwra � y from East Shore Drive to Trunk Highway 61 and Fros t Avenue from Keller Parkway to Parkway Drive will. be obliterated, cease to exist asubl i c roadways and sha�-1 P y become a portion of Keller Parks and WHEREAS, Keller Park between East Shore Drive and Trunk Highway 61 is a county park; and .. .. '...-. .: '•. ...'.. .- .. ... :. -. . ,.I . ..r.`�.. .. 1' .�.. T-.-y�. .. '4_ �ti.(.te r I .1:�:� `e� wr�� iOT'�"�".T- �� a� . s. . WHEREAS, the Keller . Lake Overflow Diversion is a art of the program to i m - p prove navigable 1 ake � i n Ramsey Count and g y y , . WHEREAS, the County and the City desire to construct Frost Avenue Connection rebuild Parkway Drive and Frost Avenue, obliterate Keller Parkway -from East Shore Drive to Trunk Highway 61 and Frost Avenue from Keller Parkway y to Parkway Drive improve. Keller Park and Lake Phalen, and construct water mains and appurtenances; • y ci PP and WHEREAS, the COUnty and City have prepared Preliminary Reports, held nfona - tioval and' Public Hearings all for the.upgrading radia and/or b i ' t 9 p9 g / 0 1 terata onof these various facilities; and _ WHEREAS, these improvements include, among -other things. permanent, right -()-f F� way, construction easements, storm sewer, sanitary sewer and services, water main t� and services, concrete curb and . gutter, bituminous nods walks , landscaping, ng , grads ng , base and bituminous pavement, clearing and grubbing, turf establishments; and z . WHEREAS, these ptjects have been designated s S.A.P. 62-628-02, the re- construction of Parkway Drive *from Keller Canal to Frost Avenue, Frost Avenue from i Parkway Drive to Walter Street, and obliteration of Frost Avenue from Keller Park- way to Parkway Drive; S.A.P. 62-662-03, the construction of Frost Avenue Connection from East Shore Drive to Frost Avenue, reconstruct .ton of East Shore Drive from Frost Avenue Connection in to Keller. Parkway, and obliteration of Keller Parkway from East Shore Drive to Trunk Highway 61; E. P.A. 5-804690020 Lake Phalen Restora- tion Project - Keller Luke overflow Diversion and Treatment System; Pro.'ect 79152--1 y J Ramsey County Parks' and open Space Department - Keller Regional Park Development; and Project 78-9, City of Maplewood Water Main on Fros-t Avenue, Frost Avenue Connection, and East Shore Drive. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS !. The County shall prepare the necessary p1ahs, , sped f� cats ons , proposals, 0 take bids, tabulate bids, and with concurrence of the City, shall award a contract.. for...the construction Of this project, S.A.P. 62-628-02, S.A.Pe 62-662-03, E.P.A. porT%Dws 0�- S-804690020, Project 79152-1 and/Yroject 78-9; the-Co,unty shall perform the con- struction inspection. 2. The County and City shall jointly acquire a.dditional permanent riqWof way and temporary easements. required for the construction of these projects in ac- cordance with the plans and specifications. The County'shad lpay y for all add* itional rights of way except those additional rights of way required for.CiY t of Maplewood The Ci ty shall pay for additional rights of way required for City of Maplewood '-� set i CO 'A 3. The County and its cooperating agencies shall pay one hundred per (100%) of the cost of the Lake Phalen* Restoration Project,, E.P.A. S-804690020, and .Kell'er Regional Park Development Project 79152-1. All works constructed on these two.pro.jects shall be the property of the County and all maintenance and operation . of the works constructed on these twoprojects sha"ll be the responsibility of the County. 4. The City shall pay one. hundred percent (100%) of the cost of the City 0_f. Mapl ewood .Project 78-9. All works constructed on this project shall be the peo- perty of the City and all maintenance and operation of the works constructed on this project shall bt.---N the responsibility of the City. 5. On projects S.A.P. 62-628-02 and S.A.P. 62--662-03: a. The City shall pay. to the County twenty and four' one hundrethsper- cent (20.04%) of the cost of the storm sewer on these twoprojects. b. Upon completion of these two projects the County shall own and maintain .the storm sewer catch basins and leads ,.and the City shall own and maintain the storm sewer trunk lines. c The City shall pay to the County elevenand sixty-four one hundreths 4 0 percent (11 .64%) of the cost of the B624 concrete 'curb and gutter an these two projects., d. New de.tached bituminous paths provided on these two project shall . be paid for by the County. - m- -—Pau- e. Any City utilities or favi l i -ti es modified or added to thoser i p ov�s ons presently made in the plans and specifications for these tworo • ects ma be p J y : incorporated in the construction contract by supplemental agreement and shall be paid one hundred percent (100/) by the City. Y 6. All improvements, requested by the City which are not included in the plans and specifications for these projects may be added ' p J ,y to the construction on contract . by supplemental agreement and shall be paidfor as provided.in the s u p - pl emental agreement. 7. The Ci ty shall pay. ninety* percent 90% of its. share of � } the cost of these projects to the Treasurer of RamseyCount i y, Minnesota, prior to the award of the contract but after all bids have been received, and the contractor shall then be :paid by the County . All. monies paid d b the Cit and not a p Y y expended on tae projects will be refunded within a reasonable time, not to exceed two2 ears � } y from deposit. 8. The city shall pay to the County all additional. remaining costs for its share of the work upon notification b the Count of the final ars Y y aunts paid to . -the contractor for those items of work. 9. 'Preliminary plans reviewed at the ubl i c heari n and fi nal l ans and'- Specifications nd P 9. p speci fi cati ons are hereby in all things approved, IN WITNESS WHEREOF, the parties hereto have caused this agreement to be CITY OF MAPLEWOOD, MINNESOTA By Its By Its Date • THE COUNTY OF RAMS EY By . Chairman Board of County Commissioner . s Attest: Chief Clerk -County Board Date: Approved as to Form: Ass i Stant County Attorney 3 MEMORANDUM TO: Ci ty Manager FROM Director of Cornmuni ty Development SUBJECT: Plan Review LOCATION.- White Bear Avenue, north of Beam Avenue OWNER Northwestern National Bank of St. Paul APPLICANT: Banco P.roperti es , Inc. PROJECT: northwestern National Bank Temporary Building DATE: June 20, 1980 Re_q ues t Approval to place a 28 by 66 foot pre -manufactured building on the property, for use as a temporary bank Dui l di ng. The appl i cant ' wou l d .also like approval ofa 14 -by 66 foot niobi le hoi.e bank to be used if they cannot obtain the larger building. Site Des cri -�ti on l . Lot size: Two acres 2. Existing Land Use:: Undeveloped Proposed Land Use 1. Please refer to -she attachments for an expl ana•Ci on of the proposal and details on site layout and appearance of the building. . 2 . The site plan is drawn to Ci ty , s tandards as per number and size of parking spaces, and dri vr.� aisle widths. 3. The applicant has indicated that they will provide landscaping as per the conime.nts of the Board. Surrounding Land Uses Northerly: Maplewood Mall entrance road and Midwest Federal Savings and Loan Southerly: A vacant three acre parcel zoned BC, Business Commercial and planned for DC, Diversified Center - Easterly: White Bear Avenue Westerly: Maplewood Mall Past Actions 1 . 9.-24-79 :. Staff approved an administrative lot split dividing the site from the adjacent lot to the south. 2. 3-11--50: The Community Design Review Board approved plans for a permanent.. Northwestern National Bank, with the following conditions: a. Approval of design plans does not constitute approval . of a bui l ding permit b. All exterior building equipment shall be decoratively screened from view, Screening shall be subject to staff approval C. If the landscaping has not been installed by the .time an occupancy permit is requested, the applicant s.hal l provide_ an irrevocable- letter of credit made out -to the City of Maplewood in the amount of 1501 of the estimated. cost d. Al l requi red pl ant materi al s that di e shat 1 be repl aced by the appl i cant e. Site lighting shall . not cause any- undue glare onto adjacent properties or roadways f. If an outdoor trash container is ever used, the applicant shall construct a masonry .en:losure with closable gate. The design and location of the trash enclosure shall be subject to staff approval g. Applicant shall -obtain written approval from Homart Development for access onto the ring road and, also, for the use of sanitary -and storm sewers. h . A drainage plan . s hall be provided for approval by the City En.gi neer shOwi ng. on --site collection of runoff 1. To control wind blown erosion during construction, mulch s ho.ul d be app.*J i ed at a rate of 300--4000 lbs/acre and pressed in with a straight blunt disc. If the site will remain open for longer than 60 days, then a temporary seeding of rye should be applied at a rate of 1 112 bu/acre prior to mulching 3. On June 6, 1974 the City Council approved a temporary mobile home bank for the Maplewood State Banks subject to these conditions: _ a. A time limit of 12 months from the issuance of the* permit shall be placed on the existence of this structure on this premises. Subsequent extension of time may be granted by City Council upon request by the applicant 2 b The applicant shall provide utilities, as necessary,, to properly serve the proposed site. Should Beam Avenue remain unimproved (no bituminous or concrete . sur facing) , the applicant shall provide a.bituliiinous surface con- n.ection, to White Bear Avenue thus" providing continuous access before and during construction of the Beam Avenue facilities. Said surfacing, access and utilities shall be as approved by the City Engineer c. Signs may be placed on. the north, south. and west sides of the. - building only d The owner shall agree to the above conditions in writing 4. Due to numerous delays, five time extensions have been granted for this structure. The last one was. granted by the Council on September 6,, 1979 for one year. Planning Considerations I* Land Use Plan Designation: DC, Diversified Center .2. Zoning.- BC, Business Conriiercial. 30, Section 202.180 of the Community Design .Revieq* Board Ordinance states that, to recorniiend approval of an application, the Board -shall make the following f i'ndi ngs: a. That the design and location of the proposed'development and its *relationship to neighboring or existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neigh- boring, existing, or proposed developments; and that it will not create traffic hazards or congestion b. That the dE sign and location of the proposed development -is in keeping with the character of the surrounding neighbbrhood and is not detrimental to the harmonious, orderly, and attractive development contemplated by this ordinance and the City Comprehensive Municipal Plan r That the design and location of the* proposed development would provide a desirable environment for its occupants, as well as for its. neighbors,* and that it is aesthetically of good composition.materials, textures, and -f..olors The Boa'rd in f-ts recommended actions for approval may: a. Recommend any conditions that it deems reasonable to its action of approval b. Recommend that the applicant, as a condition,, provide guarantees that t -he conditions Of approval will be complied with Public Works Considerations Homart must approve the ring road access as well as the use of all utilities (storm sewer, sanitary sewer, water), 3 Public Safety Considerations 1. There should be two separate exits from the facility, clearly marked and unobstructed. 2. Two,wall mounted, 10 pound ABC fire extinguishers should be provided. Alternatives I . Allow - a temporary bank structure. This would permit the applicant to establish their business prior to opening their main building. I I . Deny a temporary bank structure. This would eliminate the chances of another temporary bank structure remaining in place for an unknown period of time past its original removal date, such as happened with the Maplewood State Bank. I 110 Approve the pre -manufactured unit, but deny or table the mobile unit until the bank determines whether they need the mobile unit. IV. Move or use the Maplewood State Bank's temporary building. The applicant, however, feels that this strucure is in too bad of shape and that they prefer to use one of the temporary buildings they presently own. V. Allow the temporary building, but not allow occupancy of it until construction has begun on the main building. This would hel p ' guarantee the City that th e permane6t bank will be built, so the temporary building will not be in place for an unexpectedly prolonged period of time.. Analys 1 s Staff has two concerns with temporary mobile home office buildings. one is that it might not be removed when the approved use period runs out. We have had one temporary bank building in Maplewood so far and it has not set a good precedent for allowing more into the City If for some reason construction is delayed . for the applicant's main building, the City of t1apl ewood could be left with another teriporary bank in the Mall area, where the design standards have been set, and should be maintained,. at a high level . The applicant has indicated that a time delay in begi nii ng construction of the new bink is possible, For this reason Staff favors Alternative V. To allow the use of the temporary bank, but not until construction has begun on the permanent building. Recommendation Approval of temporary bank with the following conditions: 1. The ring road access and connection to sanitary sewer, water, and storm sewer facilities are to be approved by Homart and by the City Engineer 2. An occupancy permit shall not be issued for the temporary bank, until construction has begun on the main building 3. A time limit of twelve months from the issuance of the occupancy permit sh;al l be place on the structure 4 4 A 1 andscapi ng pl an shall be provi ded for Staff review, based on the comments of the Board. 'ermanent trees and shrubs not affected by the new construction should be . started around the temporary building instead of waiting for the conn tructi on of the . pernianen t building 5. Two wall mounted, ten pound ABC fire extinguishers shall be provided 6. There shall be two separate exits from the facility, which are clearly marked and unobstructed . c1.J_on � Cr,yaerrcx 3 K ty Ila t �, En, �..� � +.9 ��.., nv.a...w.�.:..-o+•�•>-r.+rtr:.Yq�• Enclosures: 1. Location Map 2. Property Line [dap 3. Photographs of the pre --manufactured structure 4. Folder i ncl udi rig: a.. Letter of explanation b., Drainage P' an c. Photograph of the naob i l e structure 5. Site Plan and 'Survey dated by Staff - June 1 1980 5 4.s a�F 4•. WHITE BEAR LAK /COUNi t r R 0 Q ' 130t��22� WOODIYNN AVE 34 F URNE SS 4 ___. - C T. T29NR22W /BEAM MAP t V1W �--RA cr }- Q go l�oNl.l [Ofd AVE. ''� KOHL MAN AVE �.: ROADV) „ 23 G., 264u -- ____ ----------------- cr _cl - ..1 W , - v j E DGESI:_!._ RD. f� z D E M p N Y � A V E. f.. r� H_ LR0, AVEa x II 3� 4 t crIttn AVE. cc A�, Qj LS E'x TLNT AVE. s r_. A\ E. ERYAtS AV G � A kf Ia V I E �,� ` 6 VIK#, =DR. t�g'(LE AVS ` ca sr. I SHE R R E N AVE N AVE \�-{r ;0PE AVE _ = GORE AVE.. AVE. v> 1LARK AVE cts LARK ! AVE. _ I > r Q I R� �AUR RD. z ¢ LAURIE #Eta U _ i J � L-.*, i I @ z { /`' . Zi AVE" 2.160. �t �E fY{FlkvE KE .- 8u ►-: ELDRIDG + 7;AVE -AW D / T • ., I crs t PUBUC_ ' FORKS R ` I v�� ,t..q ' I > ILkCLi�Jhj�T cr, AVE �'i �j� > BLDG. .� 1. LOCATION MAP 41.3mc-. 9 7E-,9 :E p, r 14 t � c � 1if as 3°�P.44� .... _ r •� . try t NP � t a � � vac. rto. t��3�tisa• Ir o cc f'R •� bo •n ; cli Q s 0 °, N N � a _ � a a � 17E. 45, h r ' r WATER Lij '�'�ac ^•Ch N �, (4751.6) tu 1h. am MONO ti Ily r . v .. o ' --j d. . :. Of UJ � N ,�. r, y r' ' ' M 'rte - S• 89 54'55-' �$a A75t c 5-« ?1 f -• 330"'�- `� r_ . -m row' � 120' ipp' 1b4.56J -'-+ UZ. 4 4. .4 9. —.._..... Board Member Herauf moved the Board recommend approval of the proposed temporary bank building subject to the following conditions: 1. The ringroad access and connection to sanitary sewer and. water • d b No��nart and face 1 i ti es . and the drat nage pl an are al 1 to be approve y by the City Engineer. 2. A time limit of six months or until construction has begun on the permanent building shall be placed on the temporary structure,, 3. A ti me limit of twelve months from the i ss Cance of the occupancy permi t shall be placed on the structure and any renewals are to be brought before the Board. 4. A landscaping plan shall be provided for staff review. 5. Two k al l mounted, . ten pound. ABC fire extinguishers shall be provided 6. There shall be two separate exits from the facility, which are clearly marked and unobs t.ruc•t.ed . 7. owner and applicant agree to the above conditions in writing. Board Member Penning seconded Ayes 4 Abstained - Member Mueller M E M 0 R A N D U M TO: City Manager FROM: Director of Communi'ty Development SUBJECT: Plan Update - Time Extension DATE: June 24, 1980 C71 Action by Councilt CIA Request The Metropolitan Council requires a resolution from the City Councilasking for a time extension for submission of the City "s Comprehensive Plant BackgrOUnd According to the timetable set in the State Planning Act, Maplewood is required to submit its Comprehensive Plan to the Metropolitan Council by July 31, 1980. Present Status A draft of the Plan has been completed by Northwest Associated Consultants, Inc. , except for the capital improvements program, This should be fini*shed within 60 days. The sewer el em. ent i s bei ng comp] eted by Tol tz, Ki nq, Duval I , Anderson, and Assoc-ates, Inc. This should also be complete within 60 days The Planning Commission has Teen meeting 'every Monday night to review the draft of the Plan. They have come to consensus on over half oT the Plan. Schedule of-Completicn 9-29-80: Completion of review by the Planning Cornu ssion Mid April,'1981: Completion of mandatory six month review period by adjacent ci- ies, (This may be shortened if adjacent cities complete their review earlier) Mid August, 1981: Completion of Metropolitan Council Review -,October, 1981: City Council and Planning Commissio.n rev-iew,pu'blic hearing and adoption Basi's for Extension Change _in Staff I started work with the City in August, 1977. The -previous planner had not done any work on the Plan update or budgeted funds for a planning consultant for 1977 or 1978. 20 'Lack of Staff Our Department was understaffed during 1977 and 1978, .1978, in particular, was a record year for building in Maplewood. At one time, we had a six month delay in processing plats. This did not leave any staff time for work. on the Plan. Bart-on-Aschman had been contracted to do a Transporation Plan and money had .been budgeted for a sewer consultant. As our contract of May 30, 1978 with the Metropol .i tan Council shows, the remainder of the work was. proposed to be done by City. staff Because of the lack of staff time 0 in 1978, funds were budgeted for a. consultant in 1979, ji 3. Problems witri witConsultant • January 2 1979 to update the A co nt -act was si gned with Midwest Planning on Ja y • • in 1973. We assume this would. involve only city s Plan that was adopted Wever felt • t take long to con�pl ete . The consultant, ho , minor revisions ons and no 9 in October, 19790 a major rewrite was needed . A draft Plan was co«�p1 e tea • terms of our, contract with th the consultant and e This draft did not meet'. the to 21 1980. The to i t. Anew draft was completed on January was asked to rewri • d the new document in February and has been meets ng Planning Comrii s s i on studied e da night since March to review i t. every Mon y 9 Recommendation Approval of the followina resolution: • eet the Jul 31, 1980 deadline for '� reas the City of Mcl ewood wi l l not be able to m y �1he , • • � Plan to the �letropol i tan Council, because of a submission of. its Comprehensive staff time, and problems with a consultant, and staff change, lack of .�t p n that accurately and completely Whereas, y the Cit tai shes to produce a high quality plan reflects the intentions of the City, • nl e��lood ria uest. a time extension for Now, therefore, does t��e City Council of Ma, • a • • �e Metr000I � tan Council by April 20, 19810 submission of its Comprehensive Plan to t� , Passed this 3rd day of July, 1980. Mayor city Clerk 2 1. L2- July 2 July 3, 1980 STAFF REPORT TO: The Mayor and City Council FROM: Acting City Manager SUBJECT: Change Order Ill for New Fire Station In the process of excavating the new fire station site on Londin Lane, an abandoned water pipe was found. This pipes origin is unknown, however, it was deteriorated and crumbling and had to be removed for proper ground stability. The cost of this additional work is covered in change order Ill for $668.00. Staff recommends the City Council approve its payment as a necessary unforeseen expenditure. RWS:db e ; cc: City Manager City Clerk— Dir, of Finance Dir. Public Safety Fire Marshal vQ� July 3, 1980 STAFF REPORT TO: The Mayor and City Council FROM: Acting City Manager SUBJECT: Funds Transfer Request Utility Contingency Account 7012124910 to Fees for Service Account 7012124480 to Reimburse Citizen In the event the City Council approves agenda item J-1 request for reimbursement by Rodney Johnson a budget transfer will be required. The transfer required is $2,000.00 from Utility Contingency account 701211224�91100 to Fees for Service account 7012124480. RWS:db cc: Dix. Public Works City Clerk City Manager Dan Faust