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1989 08-14 & 08-17 City Council Packet
IeRJ a L1 117-11 MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 14, 1989 And 4:30 P.M., Thursday, August 17, 1989 Council Chambers, Municipal Building Meeting No. 89 -18 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 89 -16 (July 6 and 10, 1989) 2. Minutes of Council /Manager Workshop (July 17, 1989) 3. Minutes of Meeting No. 89 -17 (July 20 and 24, 1989) D. APPROALOFAGENDA E. 1. Approval of Claims 2. Street Light for Skating Rink at Kohlman Park 3. Conditional Use Permit Renewal: 1770 Gervais Avenue (Schwan's Sales Enterprises, Inc.) 4. Street Vacation: Walter Street 5. Budget Transfer: Publishing Account —City Clerk 6. Resolution: Pre Breath Tester(PBT) 7. Donation: Paramedic 8. Change Order: Painting of interior of Cope Avenue Water Tank F. PUBLIC HEARINGS 1. 7:00 P.M., Conditional Use Permit: 1194 E. County Road C (Lakeville Lutheran Church) 2. 7:10 P.M., Preliminary Plat Revision: Woods and Ponds 3. 7:20 P.M., Conditional Use Permit: 2210 White Bear Avenue (Used Car Lot) 4. 7:30 P.M., White Bear Avenue: Mogren (4 Votes) a. Plan Amendment b. Rezoning (4 Votes) c. Street Vacation 5. 7:40 P.M., Preliminary Plat: Hillwood Oaks No. 2 (Hennen) G. AWARD OF BIDS H. UNIFINISHED BUSINESS 1. Brooks Avenue Water Main Project 88 -08 a. Senior Citizen Deferment b. Awards of Bids 2. County Road C/ Keller Parkway Watermain Project 88 -10 (Assessment Appeals) 3. Liquor License Ordinance I. NEW BUSINESS 1. Tax Forfeited Property: Larpenteur Avenue and Adolphus Street 2. Tax Increment Funds for Playcrest park 3. Conditional Use Permit Renewal: 2228 Maplewood Drive (Citgo Fuel Station) 4. Code Amendment: Motor Fuel Station (V Reading) 5. Code Amendment: Planning Commission Procedure (V Reading) 6. Planning Commission's Rules of Procedure 7. Action Plan for Seniors 8. C. Little Addition Request 9. Authorization to Hire Engineering Technician 10. Footprint Lake storm Sewer Project 87 -32: Schedule Public Hearing 11. Water District No. 8 Project 86 -15: Schedule Assessment Hearing 12. Diseased Tree Removal Cost Recovery 13. Southlawn Avenue Project 87 -17 Change Order Four 14. Water District 8, Project 86 -15 Change Order Two 15. Gervais Avenue Project 88 -14 Change Order Three J. K. COUNCIL PRESENTATIONS L. M. ADJOURNMENT OF AUGUST 17. 1989 MEETING MINUTES OF MAPLEWOOD CITY COUNCIL 4:30 P.M., Thursday, July 6, 1989 and 6:30 P.M., Monday, July 10, 1989 Council Chambers, Municipal Building Meeting No. 89 -16 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 4:35 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES None D. APPROVAL OF AGENDA ` Councilmember Anderson stated his objections to the concept of this Agenda. Councilmember Bastian recommended that Items G -1 and G -4, 5, 6, 7 be rescheduled for Monday, July 10. Manager McGuire explained the By -Laws pertaining to this recommendation. Councilmember Anderson moved that the Agenda Items as recommended by Councilmember Bastian be deleted from this Agenda. Councilmember Anderson withdrew his motion. Mayor Greavu moved to approve the Agenda as amended: 1. Magic Shoes 2. Recycling Contest 3. Commissions 4. B.B.Y. (Closed Session) 5. 694 Ramp 6. Minutes Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach Councilmember Juker Abstained. E CONSENT AGENDA Mayor Greavu moved, seconded by Councilmember Rossbach, Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach, Councilmember Juker abstained to approve the Consent Agenda, Items E -1 through E -5 as recommended: 1. Approval of Claims Approved the following: ACCOUNTS PAYABLE; $ 667,985.81 Checks 114456 - 114530 Dated 06 -15 -89 thru - 06 -30 -89 $ 195,079.60 Checks 111354 - 111486 Dated 07 -06 -89 $ 863,065.41 Total per attached voucher /check register PAYROLL; $ 173,600.39 Payroll Checks $ 33,825.66 Payroll Deductions $ 207,426.05 Total Payroll $1,070.491.46 GRAND TOTAL 2. Ambulance Bill - Application for Cancellation Approved the cancellation of $40.00 for an ambulance bill for Richard Claeson. 3. Change of Manager - Red Lobster Approved the change of Managers for the intoxicating liquor license located at the Red Lobster, 2925 White Bear Avenue. The new Manager is Rodney W. Palmer. 4. Conditional Use Permit Renewal - Crestview Forest PUD Approved a five -year renewal of the conditional use permit for the Crestview Forest pud, subject to the original conditions of approval. 5. Final Plat - Hazelwood Heights Approved the final plat for Hazelwood Heights. F. AWARD OF BIDS 1. Front End Loader 2 7 -6 -89 W a. City Manager, Michael McGuire, presented the Staff report. b. Public Works Director, Ken Haider, explained the specifics of the proposal. c. Mayor Greavu introduced the following resolution and moved its adoption: 89 - 7 - 1p6 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD. MINNESOTA, that the bid of Ziegler, Inc., in the amount of $63,559 is the lowest responsible bid for one front -end loader, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach. Councilmember Juker abstained. 2. Front- Mounted Rotary Mowers a. Manager McGuire presented the Staff report. b. Public Works Director, Ken Haider, explained the specifics of the proposal. C. Councilmember Bastian introduced the following resolution and moved its adoption: 89 - 7 - J.D7 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Minnesota Toro, Inc., in the amount of $24,621 is the lowest responsible bid for the furnishing of two front- mounted rotary mowers, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Rossbach G. UNFINISHED BUSINESS 1. 1990 - 1994 CIP (4 Votes) Ayes - Mayor Greavu, Councilmember Anderson, Bastian and Rossbach. Councilmember Juker abstained. a. Manager McGuire presented the Staff report. b. Finance Director, Dan Faust, stated the specifics of the proposal. C. Captain Robert Nelson of the Police Department explained the capital improvements as stated for the Public Safety Department. 3 7 -6 -89 d. Kenneth Haider, Public Works Director, explained the proposed public improvements scheduled in the CIP. e. Robert Odegard, Director of Parks and Recreation, spoke regarding that Department's needs as outlined in the CIP. f. Mayor Greavu moved to table the acceptance of the CIP. g. Mayor Greavu retracted his motion. h. Councilmember Rossbach moved to accept the CIP as presented. Seconded by Councilmember Bastian. Ayes - all. 2. Geranium - Ferndale Assessment Appeals - Project 87 -20 ai Manager McGuire stated that the appeals received at the assessment hearing requested cancellation of the $500 per unit assessment. In general, the requests for cancellation of assessment are based upon the assertion that the property did not benefit, personal finances, and /or the propriety of the events that initially necessitated the project. b. Public Works Director Haider explained the specifics of the proposal. C. Councilmember Anderson moved denial of the assessment appeals and the parcels should be fully assessed at the unit rate of $500. Seconded by Councilmember Rossbach. 3. Revocation of Permit: Hause Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach. Nay - Councilmember Bastian. a. Councilmember Bastian reported that after contacting the neighbors regarding the motorized recreational vehicle permit, the main concerns are the noise and dust problems. He recommended that the permit be reinstated for the months of July and August with a review of the permit after that time. b. David Edifold, 312 Forest Street, St. Paul, Minnesota, spoke regarding the use of the water tank truck to water the track. c. Councilmember Bastian moved to expunge the record regarding the revocation decision made by the executive branch for the purpose of granting the permit. Seconded by Councilmember Anderson. Ayes - all. 4. Variance Versus Variation a. Manager McGuire presented the Staff report. b. Director of Community Development Geoff Olson explained the advantages and disadvantages of each. 4 7 -6 -89 c. Mayor Greavu moved to table this item to Monday, July 10, 1989, to become Item N -2. Seconded by Councilmember Anderson. Ayes - all. 5. Off- Street Parking Ordinance - Code Amendment - (2nd Reading - 4 Votes) a. Manager McGuire presented the Staff report. b. Community Development Director Olson explained the specifics of the ordinance. c. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 647 AN ORDINANCE AMENDING THE CITY'S PARKING DESIGN REQUIREMENTS The Maplewood City Council hereby ordains as follows: Section 1. Section 36 -22 (b) is amended to read as follows: (b) The following minimum parking - module dimensions shall be required: 90 degree parking (in feet) - Refer to diagram below Employee only 9.0 18 24 60 degree parking (in feet) - Refer to diagram below S D A Use Stall Width Stall Length Aisle Width Customer, high turnover 10 15.6 22 Customer, low turnover 9.5 15.6 22 Employee only 9.0 15.6 22 45 degree parking (in feet) - Refer to diagram below 5 7 -6 -89 S D A Use Stall Width Stall Length Aisle Width Customer, high turnover 10 18 24 Customer, low turnover 9.5 18 24 Employee only 9.0 18 24 60 degree parking (in feet) - Refer to diagram below S D A Use Stall Width Stall Length Aisle Width Customer, high turnover 10 15.6 22 Customer, low turnover 9.5 15.6 22 Employee only 9.0 15.6 22 45 degree parking (in feet) - Refer to diagram below 5 7 -6 -89 Parking stall lengths may be reduced by 2.5 feet for 90 degree parking and two feet for angle parking where the parking space abuts a curb, sidewalk or landscaped area. All overhang (o) areas shall be a hard surface or crushed rock. "Customer, high turnover" uses shall include shopping centers, retail sales, fast food restaurants, convenience centers and similar uses. "Customer, low turnover" uses shall include offices, industrial schools, churches, research, multiple - dwellings, motels, sit -down restaurants and similar uses. Any questions on defining these uses shall be referred to the Community Design Review Board for a decision. Employee parking with reduced stall widths must be signed for employee parking only. (c) All parking lots shall have continuous concrete curbing surrounding the exterior perimeter of the lot and drives. Park parking lots, that are not used in the winter, and parking lots having twelve (12) spaces or less are exempt from this requirement. unless required by the City Engineer for drainage control. (d) All parking lots shall be continually and property maintained. (e) All parking lots and associated driveways shall have a hard surface of bituminous or concrete. All parking spaces shall be marked with a four - inch -wide "hairpin" striping pattern. 6 7 -6 -89 S D A Use Stall Width Stall Length Aisle Width Customer, high turnover 10 12.6 22.6 Customer, low turnover 9.5 12.6 22.6 Employee only 9.0 12.6 22.6 ! o'" s .o 900 Parking 60' and 45• Parking Parking stall lengths may be reduced by 2.5 feet for 90 degree parking and two feet for angle parking where the parking space abuts a curb, sidewalk or landscaped area. All overhang (o) areas shall be a hard surface or crushed rock. "Customer, high turnover" uses shall include shopping centers, retail sales, fast food restaurants, convenience centers and similar uses. "Customer, low turnover" uses shall include offices, industrial schools, churches, research, multiple - dwellings, motels, sit -down restaurants and similar uses. Any questions on defining these uses shall be referred to the Community Design Review Board for a decision. Employee parking with reduced stall widths must be signed for employee parking only. (c) All parking lots shall have continuous concrete curbing surrounding the exterior perimeter of the lot and drives. Park parking lots, that are not used in the winter, and parking lots having twelve (12) spaces or less are exempt from this requirement. unless required by the City Engineer for drainage control. (d) All parking lots shall be continually and property maintained. (e) All parking lots and associated driveways shall have a hard surface of bituminous or concrete. All parking spaces shall be marked with a four - inch -wide "hairpin" striping pattern. 6 7 -6 -89 (f), The City may require a ten -foot -wide planter or median strip every three or four parking bays to prevent high -speed movement diagonally across the parking lot and to improve esthetics. (Refer to diagram below.) G • • a 0Z1 =�Z�1�I�. ►i • � Ml (g) In shopping centers and other large developments, exterior parking closest to the building shall be oriented with the parking drives perpendicular to the building face whenever practicable. (h) Parking stalls shall not be allowed in front of a building entrance, if there is no sidewalk in front of the building entrance. (i) Interlocking or "herringbone" designs shall not be allowed in public parking lots. (Refer to the following diagram.) Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian, and Rossbach Nay - Councilmember Juker. 7 7 -6 -89 6. Goff Homes a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) 1. Councilmember Bastian moved to table this item until a representative from Goff Homes was present. Seconded by Councilmember Juker. Ayes - all. 7. Conditional Use Permit: County Road D (Goins) a. Councilmember Juker moved to table this item until Monday, July 10, 1989 to become Item N -3. Seconded by Mayor Greavu. b: Mayor Greavu withdrew his second. Motion died for lack of a second. c. Community Development Director Olson explained the specifics of the proposal. d. Mayor Greavu moved to table this item indefinitely. Seconded by Councilmember Anderson. Ayes - all. e. Councilmember Anderson moved to instruct Staff to investigate the building of a ramp. Seconded by Councilmember Juker. Ayes - all. 8. Planning Commission Survey Councilmember Bastian moved to table this item i_ndefinit Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach Nay - Councilmember Juker H. NEW BUSINESS 1. Bituminous Overlay'- Project 89 -14 a. Manager McGuire presented the Staff report. b. Public Works Director Haider explained the specifics of the proposal. c. Mayor Greavu moved to approve the bituminous overlay Project 89 -14 as proposed. 8 7 -6 -89 Seconded by Councilmember Bastian. Ayes - all. 2. Beam Avenue Signals - Project 89 -15 a. Manager McGuire presented the Staff report. b. Public Works Director Haider explained the specifics of the proposal. c. Mayor Greavu moved authorization to execute the agreements with Ramse for traffic control signals along Beam Avenue and authorized the establis budeet of $200.000 for the Tax Increment Fund. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian, and Rossbach Councilmember Juker abstained. 3. Manager Salary Adjustment a. Mayor Greavu moved approval of the salary and benefit package for the City Manager. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Bastian and Rossbach Nays - Councilmembers Anderson and Juker. 4. Plastic Ordinance a. City Attorney Patrick Kelly explained the specifics of the proposal. b. Councilmember Bastian moved to table this item until Monday. July 10, 1989. Seconded by Mayor Greavu. Ayes - all. 5. Preliminary Plat Revision - C. Little Addition a. Mayor Greavu moved to table action this item until Monday, July 10, 1989. Seconded by Councilmember Bastian. Ayes - all. 6. Cottages of Maplewood - Financing Changes a. Mayor Greavu moved to table this item until Monday, July 10, 1989. Seconded by Councilmember Bastian. Ayes - all. I. COUNCIL PRESENTATIONS 1. Magic Shoes 9 7 -6 -89 a. Councilmember Bastian stated there have been a number of complaints about the hawking and megaphones used at Magic Shoes. He stated an outside microphone is being used. b. Captain Robert Nelson stated the Public Safety Department's views. C. Staff will investigate. 2. Recycling Contest a. Councilmember Bastian voiced his dissatisfaction against only newspapers being considered for the recycling challenge. b. Councilmember Bastian moved that we. as the Maplewood City Council say "No ". We stand up and save our Xerox paper and show them up when they show up. Seconded by Councilmember Anderson. Ayes - all. 3. Commissions Councilmember Anderson would like to meet with the Commissions to resolve the problems of the map. He would like to receive an update on the redraft. 4. B.B.Y. (closed session) 5. 694 Ramp Discussed previously. 6. Minutes a. Councilmember Anderson questioned the coverage of the "Maplewood Review" of various happenings in Maplewood. An irate citizen complained that neither the minutes or agenda are now being published. No action taken. Councilmember Bastian moved to adjourn into closed executive session to discuss B.B.Y. Seconded by Councilmember Rossbach. Meeting adjourned at 7:50 P.M. Ayes - all. City Clerk 10 7 -6 -89 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 10, 1989 Council Chambers, Municipal Building Meeting No. 89 - 16 L. RECO14VENE Mayor Greavu reconvened the July 6 and July 10, 1989 Meeting at 7:02 P.M. in the Council Chambers, Municipal Building. M. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Councilmember Bastian moved to waive the Rules of Procedure and add Agenda Item 2, Council Presentation. Seconded by Councilmember Juker. Mayor Greavu moved to amend the Agenda: 2. Council Presentations 1. Dirt Piles 2. M.A.A. 3. R.T.B. 4. Legal Advice (Closed Session) 5. Anderson 6. Lakewood and Case Seconded by Councilmember Bastian. H. NEW BUSINESS (Continued) 6. Cottages of Maplewood Ayes - all. Ayes - all. a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 89 - 7 - 108 RESOLUTION AMENDING CERTAIN TERMS OF THE MULTIFAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 1989 (COTTAGES OF MAPLEWOOD PROJECT -- 1 7 -10 -89 FHA INSURED MORTGAGE LOAN) AND CERTAIN DOCUMENTS RELATING THERETO BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. On May 18, 1989, this Council adopted a resolution approving the issuance of $2,229,800 Multifamily Housing Revenue Bonds, Series 1989 (Cottages of Maplewood Project - FHA Insured Mortgage Loan) (the "Bonds "). 2. Juran & Moody, Inc. (the "Bond Purchaser ") has advised the City that the final commitment for mortgage insurance by the Federal Housing Administration for the Bond is in the principal amount of $2,184,100. Therefore, certain terms of the bonds and the related documents must be amended. 3. The City hereby approves the following revisions: (i) the principal amount of the Bonds shall be revised from $2,229,800 to $2,184,100, (ii) the maturity date of the Bonds shall be revised to July 1. 2021, (iii) the mandatory sinking fund schedule set forth in Section 3- 1(2)(A) of the Indenture of Trust between the City and American National Bank of Saint Paul shall be revised as follows: and (iv) the nominal date of documents set forth in paragraph 7 (a) through (f) of the City's resolution adopted on May 18, 1989, shall be revised to July 1, 1989. 4. Except as herein modified, all other terms and provisions of the bonds and the related documents as previously approved shall remain in full force and effect. Seconded by Mayor Greavu. Ayes - all. N.A. PRESENTATION 1. Decision Resources a. Manager McGuire presented the Staff report. b. William D. Morris, Decision Resources, presented his proposal. c. Director of Parks and Recreation Odegard presented the Park and Recreation Commission recommendation. d. Councilmember Rossbach moved that the firm of Decision Resources Ltd., be engaged to do the community survey at a minimum cost of $5,400 with additional costs to be approved by the City Manager, but not to exceed $10,000 and approv transfer of the monies from the Contincencv Fund to the annronriate account. Seconded by Councilmember Anderson. 0 Ayes - all. N. PUBLIC HEARINGS 1. 7:00 P.M., Code Amendment - Conditional Use Permits a. Mayor Greavu convened the meeting for a public hearing regarding a proposed 2 7 -10 -89 code amendment pertaining to conditional use permits being revised. b. Director of Community Development Olson presented the proposed amendments to the Code in detail. He further stated the changes are designed to strengthen and clarify the existing ordinance. c. Mayor Greavu called for proponents. None were heard. d. Mayor Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Councilmember Bastian moved first reading of a code amendment to the Municipa Code revising conditional use Dermits designed to strengthen and clarifv the Seconded by Councilmember. Anderson. Ayes - all. G. UNFINISHED BUSINESS (Continued from July 6, 1989) 4. Variance Versus Variation a. Manager McGuire presented the Staff report. b. Council directed staff to further clarify Variance versus variations at the July 20, 1989 Meeting. 0. VISITOR PRESENTATIONS 1. Joseph Zappa a. Mr. Zappa stated there has to be better communications between the Council and Citizens. b. Council stated they are working on this problem and that this problem has had extensive investigation on how it can be improved. Providing cable will improve communications. G. UNFINISHED BUSINESS (Continued) 6. Goff Homes a. Plan Amendment b. Rezoning (4 Votes) 1. Manager McGuire stated this item was tabled from the July 6, 1989 Meeting. 2. Community Development Olson presented the Staff report. 3. Mr. Pat Goff, the developer, spoke on behalf of the proposal. 3 7 -10 -89 4. Mr. Gerald Duffy, Attorney for Mr. Goff, also spoke on behalf of his client's proposal. 5. Mayor Greavu introduced the following resolution and moved its ad 89 -7- 109 WHEREAS, Goff Homes, Inc., initiated an amendment to the Maplewood Comprehensive Plan from SC, service commercial to RM, residential medium density for the following - described property: Lot 1, Block 2, Goff's Maplewood 2nd Addition WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on June 19, 1989, to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on June 19, 1989. The Council considered reports and recommendations from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment be approved on the basis of the following findings of fact: 1. The parcel appears to be well suited for medium density residential development serving as a transition area between land uses. 2. The site is located adjacent to a minor arterial street. 3. The project will have no adverse effect on surrounding properties. Seconded by Councilmember Anderson. Ayes - ail. 6. Mayor Greavu introduced the following resolution and moved its adoption: 89 - 7 - 110 WHEREAS, Goff Homes, Inc., initiated a rezoning from R -1, single to R -3, multiple - dwelling residential for the following- described property: Lot 1, Block 2, Goff's Mapleview 2nd Addition WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by Goff Homes, Inc., pursuant to Chapter 4 7 -10 -89 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on June 19, 1989. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on July 10, 1989, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Bastian. Ayes - all. H. NEW BUSINESS (Cont 4. Plastic Ordinance a. Manager McGuire Presented the Staff report b. City Attorney Kelly reported on the progress of "plastic ordinances" in other areas. c. Councilmember Anderson moved first reading of an ordinance regulating plastic packaging. Seconded by Councilmember Bastian. Ayes - all. 5. Preliminary Plat Revision - C. Little Addition a. Manager McGuire presented the Staff report. 5 7 -10 -89 b. Mr. Al Kretman, the developer, requested Greenbrier Court be renamed Kenwood Court. c. Councilmember Juker moved to rename the street Kenwood Court. Seconded by Councilmember Anderson. Ayes - all. Councilmember Bastian moved to suspend the Rules of Procedures and add the following two items to the Agenda: 1. City Hall 2. Trees Seconded by Councilmember Anderson. Ayes - all. I. COUNCIL PRESENTATIONS 1. Dirt Piles a. Councilmember Bastian questioned when the dirt pile at the northwest corner of County Road B and Van Dyke will. be removed. b. Staff stated P.C.A. approval is necessary before the dirt can be moved due to the fact there is gas, etc., in the dirt. C. Councilmember Rossbach commented on the dirt site near his home. He was told when Southlawn Construction was finished the dirt would be moved. d. Councilmember Rossbach directed Staff to locate ali sites where dirt is being stockpiled to see if it can be moved and if unable to remove the dirt, screening, etc., should be required. Seconded by Councilmember Juker. Ayes - all. 2. M.A.A. a. Councilmember Bastian stated he had a request for M.A.A. for pull tabs. b. Staff stated an ordinance is being drafter regarding gambling. 3. R.T.V. a. Councilmember Anderson moved that Maplewood support the appointment of McCallam. Councilmember for North St. Paul to the R.T.V. Cnmmission. Seconded by Councilmember Rossbach. Ayes - all. 4. Anderson 6 7 -10 -59 a. Councilmember Anderson announced he will be a candidate for Mayor. 5. Lakewood and Case a. Councilmember Juker stated she had received a call from a woman who is in charge of an "estate House" and who feels the construction of McKnight Road is ruining the lot and is being filled in too far. b. Staff answered the Council concerns. 6. Telephone Problems a. Councilmember Juker stated since the McKnight Road Construction started. telephone service to the residents has been interrupted. b. Staff will investigate. 7. City Hall a. Councilmember Bastian questioned if any Councilmember has concerns about the plans for the expansion of City Hail now is the time to discuss it. He questioned the need for the following: Audio - $40,000 Maple Leaf - $5,000 Council Chambers Expansion - $38,000 Drawers - $1,000 b. Staff stated the final plans will be presented at the July 20, 1989 Meeting. 8. Trees a. Councilmember Anderson suggested that everyone read the article regarding the importance of preserving trees that is in the League Magazine. J. ADMINISTRATIVE PRESENTATION 1. R -3 District a. Director of community Development Olson presented the R -3 District Ordinance. b. Council requested Staff to schedule a meeting with the Planning Commission, Community Design Review Board and Council regarding R -3 District Ordinance. Council adjourned at 10:39 P.M., to go into closed session to meet with the Attorney regarding pending litigation P. ADJOURT,1MENT OF THE JULY 10, 1989 MEETING 7 7 -10 -89 10:38 P.M. City Clerk 7 -10 -89 MINUTES MAPLEWOOD CITY COUNCIL COUNCIL / MANAGER WORKSHOP 4:30 p.m., Monday, July 17, 1989 CONFERENCE ROOM A The meeting was called to order at 4:35 p.m. by Mayor Greavu. Present were: Mayor Greavu Councilmembers Anderson, Bastian, Joker and Rossbach City Manager McGuire Organizational Structure. City Manager McGuire stated that in reviewing the City's organizational structure over the past two years, many options had been considered and that the one being presented best fit Maplewood now and it the foreseeable future. He stated further that he was not proposing massive changes, but rather the shifting of certain functions from one department to another. He stated that no one would be losing their department head level status, and that the proposed building will function fine if these changes are made. After considerable discussion it was the consensus that the Manager should review the organizational plan with the affected department heads and bring back a. plan for implementation. The plan should also include a copy of the permits and licenses that will be moved to other departments. The Manager will obtain a list of all permits and licenses issued by each department and present the list to the Council. ThursdaNight Meetings. It was the consensus of the City Council that Rules of Procedure should be amended, changing the meeting dates to the 2nd and 4d' Monday nights and the Thursday following those dates (if necessary). The actual scheduling will be left to the discretion of the City Manager. This item will be placed on the July 20th Agenda. Staff Workshop. City Manager McGuire stated that he was considering a staff workshop, located off -site but in the area, and queried the Council for their thoughts on this. There was a brief discussion and the consensus was that it sounded like a good idea. The meeting was adjourned at 6:30 p.m. MINUTES OF MAPLEWOOD CITY COUNCIL 4:30 P.M., Thursday, July 20, 1989 and 7:00 P.M., Monday, July 24, 1989 Council Chambers, Municipal Building Meeting No. 89 -17 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 4:35 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman C. Anderson, Councilmember Present Gary N. Bastian, Councilmember Present Frances L. Jul.er, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Extended Meeting No. 89 -5 (March 9, 1989) Mayor Greavu moved to approve the Minutes of Extended Meeting No. 89 -5 (March 9, 1989) as corrected: Page 4, Item K -4 Change "on" to "near" County Road C Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson, Juicer and P,ossbaeh. Councilmenber Bastian abstained. 2. Minutes of Meet =ng No. 89 -6 (March 9, 1989) Councilmember Anderson moved to approve the Minutes of Meeting No. 89 -6 (March 9, 1989) as submitted. Seconded by Councilmember Bastian. Ayes - all. 3. Minutes of Meeting No. 89 -8 (March 13, 1989) Mayor Greavu moved to approve the Minutes of Meeting No. 89 -8 (March 13, 1989) as corrected: Page 6, Item F -2 -f. "Peterson" 1 7 -20 -89 Seconded by Councilmember Anderson. 4. Minutes of Meeting No. 89 -9 (March 27, 1989) Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Councilmember Bastlan abstained. Councilmember Rossbach moved to approve the Minutes of Meeting No. 89 -9 (March 27, 1989) as corrected: Page 5, Item F -2 "House" not " Hause" Seconded by Mayor Greavu. Ayes - all. 5. Minutes of Meeting No. 89 -15 (July 3, 1989) Councilmember Bastian moved to approve the Minutes of Meeting No. 89 -15 (July 3, 1989) as submitted. Seconded by Mayor Greavu. D. APPROVAL OF AGENDA Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach. Nay - Councilmember Juker. Mayor Greavu moved to approve the Agenda as amended: 1. Paper Recycling 2. Hazardous Materials 3. Gopher State One Call 4. Noise Ordinance Renewal 5. Contractor's Bids 6. Referendum for Open Space 7. Continue Meetings with Staff 8. C'_ty Government Brochures 9. Apartments 10. Maplewood Review 11. Meeting with Legislators Seconded by Councilmember Juker. Ayes - all. E. CONSENT AGENDA Council removed Item E -5 to become Item H -11. Councilmember Bastian moved to table Item E -7 until the July 24, 1989 Meeting. Seconded by Mayor Greavu. Ayes - all. 2 7 -20 -89 Mayor Greavu moved, Seconded by Councilmember Bastian, Ayes - all, to approve Consent Items 1 through 4 and 6 as recommended. 1. Approval of Claims Approved the claims as follows: ACCOUATTS PAYABLE; $ 622,176.56 Checks 414531 - 414577 Dated 06 -30 -89 thru 07 -12 -89 $ 97,556.04 Checks 411498 - 411629 Dated 07 -20 -89 $ 719 ,732.60 Total PAYROLL; $ 181,590.14 Payroll Checks 34,060.06 Payroll Deductions $ 215,650.20 Total Payroll $ 935,382.80 GRAIAD TOTAL 2. Time Extension: Cave's Currie Street Addition Approved a time extension of one year or until a new final plat (subject to original conditions) is recorded, whichever comes first, for Cave's Currie Street Addition Preliminary Plat. 3. P.U.D. Renewal: Cottages of Maplewood Approved a one year renewal of the conditional use permit for the Cottages of Maplewood P.U.D. subject to the original conditions of approval dated December 14, 1987. 4. Gervais Avenue, Project 88 -14, Change Orders One and Two Resolution No. 89 - 7 - 111 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 88 -14 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 88 -14 Change Order One. 3 7 -20 -89 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order One in the amount of $2,976.85. Resolution No. 89 - 7 - 112 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 88 -14 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 88 -14 Change Order Two. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Two in the amount of $7,445.00. 5. Cope Avenue, Project 85 -26 Change Order Two Discussed as Item H -11. 6. Final Payment - Pressure Reducing Valve - Project 89 -09. Resolution No. 89 - 7 - 113 WHEREAS, the City Engineer for the City of Maplewood has determined that Pressure - Reducing Valves, City Project 89 -09, is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 89 -09 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. 7. Employee Assistance Program Contract Approval Tabled until July 24, 1989 Meeting. F. AWARD OF BIDS 1. Overlay Project a. Manager McGuire presented the Staff report. b. Director of Public Works Haider presented the specifics of the bids. c. Mayor Greavu introduced the following resolution and moved its adoption; 4 7 -20 -89 89 - 7 - 114 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Northwest Asphalt in the amount of $85,946 is the lowest responsible bid for 1989 Bituminous Overlay, Project 89 -14, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Rossbach. Ayes - all. G. UNFINISHED BUSINESS 1. Code Amendment: Conditional use Permits (2nd Reading - 4 Votes) a. Manager McGuire presented the Staff report. b. Director of Community Development Olson presented the specifics of the proposed code amendment. c. Mayor Greavu introduced the following ordinance and moved its ad ORDINANCE No. 648 AN ORDINANCE AMENDING THE ARTICLE ON CONDITIONAL USE PERMITS AND THE DEFINITION OF "CONDITIONAL USE" The Maplewood City Council hereby ordains as follows: Section 1. The definition of "conditional use" in section 36 -6 (definitions) is amended as follow: Conditional use: "Conditional use" means a land use or development that would not be appropriate generally, but may be allowed with appropriate conditions or restrictions as provided by official controls. Section 2. Section 36 -153 (2), "Conditional uses in an M -1, light manufacturing district ", is amended by adding line (6) as follows: (g) Heliport Section 3. Section 36 -187 (a), "Conditional uses in an M -1, light manufacturing district ", is amended by adding line (6) as follows: (6) Heliport Section 4. Section 36 -201, use regulations in an M -2, heavy manufacturing district, is amended by adding line (i) as follows:, (i) Heliport Section 5. Article V. Conditional Use Permits is amended as follows: 5 9 7 -20 -39 Sec. 36 -436: Purpose. The purpose of a conditional use permit is to provide the City with some discretion, based on specific standards in determining the suitability of conditional uses. The City is not obligated to approve such uses. Sec. 36 -437. Conditional Uses. Conditional use permits may be issued by the City Council for the following uses in any zoning district from which they are not permitted and not specifically prohibited: 1. Public utility, public service or public building uses. 2. Mineral extraction. 3. Library, community center, state - licensed day care or treatment center, (unless exempted by State law), church, hospital, any institution of any educations, philanthropic or charitable nature, cemetery, crematory, mausoleum or any other place for the disposal of the human dead. 4. An off- street parking lot as a principal use in a commercial or industrial zoning district. 5. Part of an apartment building for commercial use, intended for the building's residents, such as drugstore, beauty parlor, barbershop, medical office or similar use. 6. Planned unit developments (PUD). 7. Construction on an outlet. Sec. 36 -438. Planned unit developments generally; definition, purpose and intent; requirements: etc. (a) A "planned unit development" (PUD) is a development having two (2) or more principal uses or structures on a single parcel of land of at least five (5) acres. A PUD may include townhouses, apartment projects involving more than one building, multi -use structures, such as an apartment building with retail shops at ground floor level, and similar projects. A PUD may not be divided unless the density distribution approved in the PUD is assured. (b) It is the intention of this section and the other sections of this division relating to planned unit developments to provide a means to allow flexibility by substantial deviations from the provisions of this chapter, including uses, setbacks, height and other regulations. Deviations may be granted for planned unit developments provided that: (1) Certain regulations contained in this chapter should not apply to the proposed development because of its unique nature. 6 7 -20 -89 (2) The PUD would be consistent with the purposes of this chapter. (3) The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions of this chapter. (4) The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land. (5) The deviations are required for reasonable and practicable physical development and are not required solely, for financial reasons. (c) The development shall conform to the plan as filed with the City. Any substantive changes in the plan shall require a recommendation by the Planning Commission and approval by the City Council after a public hearing. Sec. 36 -439 Outlots. (a) No building permit shall be issued for construction upon an outlot, e ycept by conditional use permit. (b) The City Council shall not grant a conditional use permit for building upon any outlot, unless said outlot meets the following conditions: (1) It meets the minimum size and frontage requirements provided for in this chapter. (2) It has the requisite public improvements. (3) The permitted density under this Code has not been transferred to another parcel and is, therefore, sufficient to accommodate the proposed construction. (4) The outlot is not used for permanent common open space. (5) The proposed construction can overcome or accommodate topographical problems and peculiar site characteristics. Sec. 36 -440. Application> An application for a conditional use permit may be made by any person having a legal interest in the property described in the application. All applications shall be submitted to the Director of Community Development upon the form supplied by the City. The Director shall not accept an application that is not complete. Specific application requirements shall be as stated on this form, but shall include at least the following information, if applicable: 1. All information required on the Community Design Review Board application. 7 7 -20 -89 2. Written justification for any PUD deviations. 3. An abstractor's certificate showing property owners' names and addresses within 350 feet of the boundaries of the property for which the permit is requested. 4. Any other information required by the Director of Community Development, the City Council or the Council's advisory bodies. The applicant shall also, at the time of filing such application, pay a fee to the Director of Community Development to defray administrative expenses incurred by the City in the handling of the application, which fee shall be established by the City Council, by ordinance from time to time. Sec. 36 -441. Procedure. (a) After an application has been submitted, the Director of Community Development shall prepare a report and recommendation and submit it to the Planning Commission and Community Design Review Board, as appropriate, for a recommendation to the City Council. The Planning Commission and Community Design Review Board shall take action on the application within sixty days of their respective hearing dates, unless an extension is approved in writing by the applicant. The Staff report and the Planning Commission's and Community Design Review Board's recommendations shall then be forwarded to the City Council. (b) The City Council shall hold at least one public hearing on each application for a conditional use permit. This hearing shall not be held until the Council has received written recommendations or reports from the City Staff, Planning Commission and Community Design Review Board or until 60 days have elapsed from the respective hearing dates. The Director of Community Development shall have notice of the hearing published in the official newspaper at least ten (10) days before said hearing. The Director shall also cause a notice to be mailed to each of the owners of property within three hundred fifty (350) feet of the boundary lines of the property upon which such use has been requested, which notices are to be mailed to the last known address of such owners at least ten (10) days before the date of the hearing. Such notice shall include the date, time and place of the hearing and shall described the conditional use request. Failure of property owners to receive notice shall not invalidate any of the proceedings in this section. (c) The council may refer the application back to the Planning Commission when the Council finds that specific questions or information that may affect the final decision were not considered by the Planning Commission. This procedure shall only be used once for each application. (d) The City Council may approve, amend or deny an application for a conditional use permit by a majority vote. (e) All decisions by the City Council shall be final, except that any person aggrieved by a decision may, within thirty days of the decision, appeal to the County District Court. 8 7 -20 -s9 Sec. 36 -442. Standards. (a) A conditional use permit may be approved, amended or denied based on the following standards for approval, in addition to any standards for a specific conditional use found in this chapter: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water of air pollution, drainage water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. The City council may waive any of the above requirements for a public building or utility structure, provided the Council shall first make a determination that the balancing of public interest between governmental units of the State would be best served by such waiver. (b) The applicant shall have the burden of proving that the use would meet all of the standards required for approval of a conditional use permit. The City may require the applicant provide, at his or her cost, any information, studies or expert testimony necessary to establish whether these standards would be net or to establish conditions for approval. 9 7 -20 -89 Sec. 36 -443. Conditions. (a) The City Council, in granting a conditional use permit, may impose such conditions and guarantees that it considers necessary, and as supported by the record of the proceedings, to protect adjacent properties and the public interest, and to achieve the goals and objectives of the comprehensive plan. (b) Conditions and guarantees may include, but are not limited to, the following: 1. Controlling the number, area, bulk, height, illumination and location of such uses. 2. Regulating access to the property, with particular reference to vehicle and pedestrian safety and convenience, traffic control and emergency vehicle access. 3. Regulating off - street parking and loading areas, including the number and width of parking spaces. 4. The location and design of utilities, including drainage. 5. Berming, fencing, screening and landscaping, including underground sprinkling. 6. Compatibility of appearance with surrounding land uses. 7. Preservation of the site's natural, historic and scenic features in the development design. S. Limiting the number, size, location or lighting of signage, notwithstanding the provisions of Article III (sign ordinance). 9. The location, dimensions and upkeep of open space.. 10. Increasing required lot size, yard dimensions or setback requirements. 11. Compliance with any plans presented. 12. A time limit for review of the permit. 13. A written agreement, cash escrow, letter of credit or other guarantee to insure that the project will be built as approved. 14. Restrictive covenants. 15. Control of the interior and exterior components of a building, provided that such condition does not conflict with the building code. Such components may include, but not be limited to, the finished exterior materials and installation of elevators. 16. Control of potential noise generators. 10 7 -20 -89 Sec. 36 -444 Start of construction or use. The proposed construction must be substantially started or the proposed use utilized within one year of Council approval or the permit shall become null and void. The Council may grant up to one one -year extension of the permit if just cause is shown. This requirement shall not apply to PUDs with an approved phasing plan. Such extension shall be requested in writing and filed with the Director of Community Development at least thirty (30) days before the expiration of the original conditional use permit. There shall be no charge for filing such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. Sec. 36 -445. Permit duration. (a) All conditional use permits shall be reviewed by the Council within one year of the date of initial approval, unless such review is waived by Council decision or ordinance. At the one -year review, the Council may specify an indefinite term or specific term, not to exceed five (5) years, for subsequent reviews. The Council may impose new or additional conditions upon the permit at the time of the initial or subsequent reviews. (b) A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the City from enacting or amending official controls to change the status of conditional uses. Any conditional use that meets the agreed upon conditions and is later allowed because of the City enacting or amending official controls shall be considered a legal nonconforming use. Sec. 36 -446. Permit termination, suspension or revision. (a) The Council may suspend or terminate the permit if the approved conditions have been violated or the use is no longer in effect. Where the construction of a building or structure of a monetary value in excess of $100,000 has been permitted, the Council shall provide for a period of amortization of not less than five (5) years. Where public health, safety and welfare concerns are threatened, the five -year amortization period is not required and the Council may determine the amortization period, if any, to be allowed. The property owner of the property upon which the conditional use permit was issued shall be notified '_r. writing at least ten days before the meeting. If the proposed termination is based on a violation of conditions, the property owners within 350 feet shall also be notified. The Director of Community Development may issue a stop order for work in progress until the Council hears the matter. (b) In the event the Council in its review process decides to consider imposing additional conditions, the City Council shall hold at least one public hearing on that permit. The Council shall cause a notice to be mailed to each of the owners of property within three hundred fifty (350) feet of the boundary lines of the property, upon which such use has been established; which notices are to be mailed to the last known address of such owners at least ten (10) days before the date of the hearing. 11 7 -a0 -sp Sec. 36 -447. Reapplication. Whenever an application for a conditional use permit has been denied by the City Council, a similar application effecting substantially the same property shall not be considered again by the City for at least one year from the date of its denial, unless the Council directs such reconsideration by at least four (4) votes. Sec. 36 -448. Conditional uses to conform to terms and conditions attached to granting of permit. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms and conditions of the permit. Any change involving structural alteration,enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit shall require an amended permit and all procedures shall apply as if a new permit were being issued. All uses existing at the time of adoption of this article shall be considered as having a conditional use permit which contains conditions which permit the land use and structures as they existed on said date. Any enlargement, structural alteration, or intensification of use shall require an amended conditional use permit as provided for above. Sec. 36 -449. Records. The Director of Community Development shall maintain a record of all conditional use permits issued, including information on the use, location, conditions imposed by the Council, time limits, review dates and other information as may be appropriate. Sec. 36 -450. Filing of Permit. A certified copy of any resolution approving a conditional use permit shall be filed with the County Recorder or Registrar of Titles. The resolution shall include the legal description of the property. Failure to file does not effect the validity or enforceability of the permit. Secs. 36 -451 - 36 -460. Reserved. Section 6. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Anderson. Ayes - all. 2. Variances and Variations a. Director of Community Development Olson presented the Staff report. b. Discussion held by Council. No action taken. H. NEW BUSINESS 1. Authorization to Advertise For Bids: City Hall Expansion 12 7 -20 -89 a. Dean Johnson, Architect T.K.D.A. presented the plans for expansion of City Hall and discussed them in detail. b. Mayor Greavu moved to authorize advertising for bids for the City Hall expansion with the understanding that alternatives be included for the remodeling of Council Chambers. basement atnrava area and for rhanoaa in oxistinv hnildino_ Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Juker and Rossbach. Nays - Councilmembers Anderson and Bastian. 2. Preliminary Approval of Tax Exempt Revenue Bonds: Volunteers of America a. Manager McGuire presented the Staff report. b. Jeff Anderson, Vice President in charge of Finance for Volunteers of America, explained the request. C. Wood Kidner, Volunteers of America, also spoke. d. Mary Ippel, Briggs and Morgan, Bonding Consultant, explained the procedures. e. Mayor Greavu introduced the following resolution and moved its adoption: 89 - 7 - 115 RESOLUTION RECITING A PROPOSAL FOR A NURSING HOME PROJECT; GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF TAX EXEMPT REVENUE BONDS FOR SUCH PROJECT; AND AUTHORIZING THE PUBLICATION: OF A NOTICE OF PUBLIC HEARING AND PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT WHEREAS, (a) The purpose of Minnesota Statutes Chapter 469.152 through 469.165 (the "Act ") as found and determined by the legislature is to promote the welfare of the State by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) The Act further states that the welfare of the State of Minnesota further requires the provision of necessary medical and health care facilities to the end that adequate health care services be made available to the residents of the State at reasonable costs; (c) Factors necessitating the active promotion and development of such medical and health care facilities are the increasing concentration of population 13 7 -20 -89 in the metropolitan areas and the rapidly rising increase in the amount and cost of medical and health care services required to meet the needs of the increased population; (d) The City Council of the City of Maplewood, Minnesota (the "City ") has received from Volunteers of America Care Centers of Minnesota, a nonprofit corporation (the "Company ") a proposal that the City issue its tax - exempt revenue bonds (which may be in the form of a single note) (the "Bonds ") pursuant to the Act to finance the acquisition of the Maplewood Care Facility currently located in the City and owned by Volunteers of America Care Facilities (the "Project "); (e) The City desires to facilitate the selective development of the community, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population; and the Project will assist the City in achieving those objectives; (f) The City has been advised by representatives of Company that conventional, commercial financing to pay the capital cost of the acquisition of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced; (g) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project; and (h) Before proceeding with consideration of the request of the Company, it is necessary for the City to hold a public hearing on the proposal pursuant to Section 469.154, Subdivision 4 of the Act. Mow, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to (a) the proposal of Company that the City undertake the Project pursuant to Chapter 469.152 through 469.165 of the Minnesota Statutes, consisting of the acquisition of the Project within the City suitable for the continued and increased operation of such facilities, and (b) the execution of a revenue agreement between the City and Company upon such terms and conditions between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Bonds in the total principal amount of approximately $4,300,000 to be issued pursuant to the Act to finance the acquisition, renovation and expansion of the Project. Said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchaser of the Bonds; and the City hereby undertakes preliminarily to issue its Bonds in accordance with such terms and conditions. 2. On the basis of information available to this Council it appears, and the Council hereby finds. that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises 14 7 -20 -59 engaged in any business within the meaning of Subd'_vi_sion 2(d) of Section 469.153 of the Act; that the Project furthers the purposes stated in Section 469.152 of the Act; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to Company to undertake the Project, and that the effect of the Project will be to help the City retain health care and nursing home facilities and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the State and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the Community. 3. In accordance with Subdivision 4 of Section 469.154 of the Act, the City Clerk of the City is hereby authorized and directed to cause public notice of a public hearing for the Project to be published in the official newspaper and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior.- to the date fixed for the hearing (August 28, 1989), in the form prepared by bond counsel which notice shall describe the general nature of the Project, estimate the principal amount of the Bonds to be issued to finance the Project, and establish as a date for such hearing a date which is acceptable to the City and the Company. The City Clerk is also hereby authorized and directed to prepare a draft of the proposed application to the Minnesota Department of Trade and Economic Development for approval of the Project, and to cause such application to be available for inspection by the public at the City hall from and after the publication of notice of the hearing. 4. The Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner will be paid by Company. 5. Briggs and Morgan, Professional Association, acting as bond counsel, and Dougherty, Dawkins, Strand & Yost, investment bankers, are authorized to assist in the preparation and review of necessary documents relating to the Project, and to consult with the City Attorney, Company and the purchaser of the Bonds as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval.. 6. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Bonds shall recite in substance that the Bonds including interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 15 7 -20 -89 3 7. In anticipation of the approval by the Project and the issuance of the Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project as Company considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Bonds if and when delivered but otherwise without liability on the part of the City. Seconded by Councilmember Rossbach. Ayes - all. f. Mayor Greavu moved to table preliminary approval until after the hearing is held, inform the applicant that the project will have to at least include the following improvements to qualify for tax- exempt financing: 1. The remainder of the building must be sprinklered to meet the building code. 2. 10 -15 additional parking spaces shall be added, subject to approval of the Community Design REview Board. Concrete curbing shall be provided around the new parking spaces and the two ex=isting lots. 3. The trash enclosure shall be screened to meet City Code. 4. Change the address to 1905 Cope Avenue. Seconded by Councilmember Rossbach. Ayes - all. Audio King Addition: 1872 Beam Avenue a. Community Design Review Board Appeals b. Authorization for a Reduced Number of Parking Spaces. 1. Manager McGuire presented the Staff report. 2. Director of Community Development Olson presented the specifics of the proposal. 3. Kelly Doran, Robert Larsen Partners, the applicant, spoke on behalf of the proposal. 4. Board Member Roger Anitzberger presented the Community Design Review Board report. 5. Mayor Greavu asked if anyone in the audience wished to be heard. The following expressed their concerns: Robert Johnson, 1871 Radatz Nora Germain, 1851 Radatz 6. Councilmember Bastian moved to approve the request of Audio King as recommended, subject to Staff reviewing if this proposal meets the 80% screening requirement, etc. T. 7 -20 -89 Seconded by Mayor Greavu. Councilmember Bastian withdrew his motion. 7. Councilmember Bastian moved preliminary approval of the request by Audio prohibited from behind the buil July 24, 1989. Seconded by Mayor Greavu. 4. Metropolitan Council Planning Loan aces tnere wail De it parring is and report back, at Mondav's Meeti Ayes - Mayor Greavu, Councilmembers Bastian and Rossbach. Nays - Councilmembers Anderson and Juker. a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following, resolution and moved its adoption: 89 - 7 - 116 WHEREAS, the Metropolitan Council has recently issued a new system statement for the City of Maplewood; and WHEREAS, the City of Maplewood's Comprehensive Plan is not consistent with this statement and needs updating; and WHEREAS, the cost of this updating is an eligible cost for a local planning assistance loan; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the attached application for a local planning assistance loan be forwarded to the Metropolitan Council. Seconded by Councilmember Rossbach. Ayes - all. 5. Consideration: Amendment to Council Rules of Procedures a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to amend the Rules of Procedures as follows: Section A. "the Council shall meet at 4:30 P.M., on the Thursday following the second and fourth Mondays." Section F. delete "The Clerk shall call the roll, note the absentees and announce whether a quorum is present" and delete the word "following" and replace it with "established ". Delete the agenda format. 17 7 -20 -89 Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach. Nay - Councilmember Juker. 6. 1990 Proposed Budget a. Manager McGuire presented the Staff report and stated the meetings with Staff and Council were established as August 9, 1989 from 1:00 P.M. to 9:00 P.M. 7. Resolution Levying Taxes Payable in 1990 a. Manager McGuire presented the Staff report. b. Director of Finance Faust explained why this action is necessary. c. Mayor Greavu introduced the following resolution and moved its adoption: 89 - 7 - 117 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, that: 1. The following amounts of taxes be levied for 1989, payable in 1990, upon the taxable property in said City of Maplewood, for the following purposes: General Operations Capital Improvements Debt Service TOTAL LEVY $ 4,376,230 593,210 504,200 $ 5,473,640 2. There is on hand in the following sinking funds excess amounts as indicated after each fund and such shall be used to pay on the appropriate obligations of the City: DESCRIPTION 1967 General Obligation Sanitary Sewer Bonds $ 12,000 1972 General Obligation Improvement Bonds: Series 1 45,000 1973 Improvement Bonds 118,100 1974 Refunding Bonds 69,000 1977 General Obligation Improvement Bonds: Series 2 167,000 1977 Refunding Bonds 263,700 1979 General Obligation Improvement Bonds 72,000 1988 General Obligation Improvement Bonds 355,546 1977 Public Works Building Bonds 37,270 1980 Fire Station Bonds 18,830 TOTAL $1,158,446 In accordance with Minnesota Statutes 475.61 and 273.13, Subd. 19 (3), (a), (b), (c), and Chapter 297a and Chapter 162 of Minnesota Statutes, the County Auditor of Ramsey County is hereby authorized and directed to reduce by the 18 7 -20 -89 amounts above mentioned the tax that would otherwise be included in the rolls for the Year 1988 and collectible in 1989. 3. It has been determined that the following sinking funds have insufficient projected assets to meet projected liabilities, as required by State Statute, and the original resolution levying ad- valorem taxes must be increased by the following amounts: 1972 General Obligation Improvement Bonds: Series 2 $ 690 1977 General Obligation Improvement Bonds: Series 1 182,200 TOTAL $ 182,890 4. Changes set forth in sections one (1) and two 92) above result in a net reduction of $975,556 in the scheduled levy of $1,479,756. Seconded by Councilmember Rossbach. Ayes - all. Remaining Agenda Items to be heard on Monday, July 24, 1989. K. ADJOURNMENT OF JULY 20, 1989 MEETING. E IfflUlaw L. RECONVENE; CALL JULY 24, 1989 MEETING TO ORDER Mayor Greavu reconvened the meeting at 7:02 P.M. P.` ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Councilmember Bastian moved to suspend the Rules of Procedures and discuss Item H -1 after the Public Hearings. Seconded by Councilmember Anderson. Ayes - all. MA. APPOINTMENTS 1. Police Civil Service Commission. a. Manager McGuire presented the Staff report. b. Robert Dollershell, 1740 Kennard Street, the applicant, appeared before the Council. c. Councilmember Bastian moved to appoint Robert Dollershell to the Police Civil Service Commission. 19 7 -20 -89 Seconded by Councilmember Anderson. N. PUBLIC HEARINGS Ayes - all. 1. 7:00 P.M., Assessment Hearing: Brooks Avenue Project 88 -8 a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the proposed assessment roll for Brooks Avenue Water Main Project 88 -8. b. Manager McGuire presented the Staff report. c. City Attorney John Bannigan explained the procedures for the assessment hearing and stated: Anyone who anticipates that they may appeal to the District Court if the proposed special assessment roll is adopted, must have filed with the City Clerk prior to this hearing or present to the presiding officer of the hearing a written objection signed by the affected property owner. In the event that any affected property the adoption of the special assessment time and place for an adjourned hearing special benefits. owner(s) file written objections, upon roll, the Council will set the date, to consider any issues raised as to Again, to preserve your rights to pursue an appeal, it is mandatory that written objections signed by the affected property owner have been filed before tonight's hearing with the City Clerk or with the Mayor tonight.. d. Director of Public Works Haider presented the specifics of the improvement. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mrs. Patricia Speese, 1561 Brooks Avenue Mrs. Ralph Jones, 1572 Brooks Avenue Mr. Stanley Harris g. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the following resolution and moved its adoption: 89 - 7 - 125 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of Brooks Avenue Water Main - Hazelwood to Germain, as described in the files of the City Clerk as Project 88 -08, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 20 7 -20 -89 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of twenty years, the first of the installments to be payable on or after the first Monday in January 1990, and shall bear interest at the rate of nine (9.0) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Anderson. Ayes - all. i. Objections to the assessment roll will be heard August 14, 1989. 2. 7:00 P.M., Assessment Hearing: County Road C Project 88 -10 a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the proposed assessment roll for County Road C Water Main Project 88 -10. b. Manager McGuire presented the Staff report. C. City Attorney Bannigan explained the procedures of the assessment hearing and stated: Anyone who anticipates that they may appeal to the District Court if the proposed special assessment roll is adopted, must have filed with the City 21 7 -20 -89 Clerk prior to this hearing or present to the presiding officer of the hearing a written objection signed by the affected property owner. In the event that any affected property owner(s) file written objections, upon the adoption of the special assessment roil, the Council will set the date, time and place for an adjourned hearing to consider any issues raised as to special benefits. Again, to preserve your rights to pursue an appeal, it is mandatory that written objections signed by the affected property owner have been filed before tonight's hearing with the City Clerk or with the Mayor tonight. d. Director of Public Works Haider presented the specifics of the proposed assessment roll. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mr. Bill Howard, 931 E. County Road C. Mrs. Geraldine Howard, 931 E. County Road C. Mr. Elmer Stanke, 910 E. County Road C. Mrs. Christina Palme - Krizak, 837 Palm Court. Mr. Ray Kruse, 854 Palm Court Mr. Dave Fenner, 842 E. County Road C. Mrs. Jeanette Vasilakes, 838 Palm Court Mr. Jim Vitale, 830 Palm Court. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its adoption: 89 -7- 126 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of Keller Parkway /County Road C water main, as described in the files of the City Clerk as Project 88 -10, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD. MRNESOTA; 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of twenty years, the first of the installments to be payable on or after the first Monday in January 1990, and shall bear interest at 22 7 -20 -89 the rate of nine (9.0) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach. Nay - Councilmember Bastian. i. Request for appeals and adjustments of the assessment roll will be heard August 14, 1989. H. NEW BUSINESS (Continued from July 20, 1989. 8. Budget Transfer (Public Works) a. Manager McGuire presented the Staff report. b. Mayor Greavu moved fund contineencv to th s mate Seconded by Councilmember Rossbach. the in the street sand mix. to Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach. Nay - Councilmember Bastian. 23 7 -20 -89 0• VISITOR PRESENTATION 1. Mr. Don Conklin a. Mr. Conklin wished to appear before the Council to seek their opinion of a development of apartment buildings he is proposing on County Road D east of Ariel. b. Council stated they could not give a definite answer. c. No action taken. H. NEW BUSINESS (Continued from July 20, 1989) 9. County Overlay Projects a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to authorize an expenditure of up to $10,300 from the street construction account for shoulder paving at two locations: 1 Keller Parkway south of Arcade Street and McKnight Road from Phyllis Court to Seconded by Councilmember Anderson. Ayes - all. 10. Schedule Joint Meeting a. Manager McGuire presented the Staff report. b. Councilmember Rossbach moved to schedule a meeting between the Council, Planning Commission, Community Design Review Board and H.R.A. for August 10, 1989, at 7 :00 P.M. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Joker and Rossbach. Nay - Councilmember Bastian. 3. Audio King Addition: 1872 Beam Avenue a. Community Design Review Board Appeals b. Authorization for a Reduced Number of Parking Spaces. 1. Manager McGuire presented the Staff report. 2. Director of Community Development Olson explained the details of the proposal. 3. W. Christopher Galle, Project Director, The Robert Larson Partners, Audio King, presented their proposal. 4. Mayor Greavu moved to approve the following: 24 7 -20 -89 12 a. Approve 23 fewer parking spaces than are required by Code, subject to the condition that employees be prohibited from parking in the rear lot, only if there are available spaces in the front. b. Council finds that this use is not a public garage and includes the following conditions: 1. No petroleum products would be added to, applied to or removed from the vehicle. 2. There would be no maintenance, servicing or repair of vehicles or parts of vehicles, including car washing. 3. There would be no vehicle hoist or lift. 4. There would be no noxious materials used. c. Require that at least 80% screening be provided at the east end of the rear parking lot. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Bastian and Rossbach. Nays - Councilmembers Anderson and Juker. City Hall - Clarification a. Councilmember Bastian requested that there be a clarification regarding the items to be bid separately from the City hall Expansion bid. 1. Audio Visual 2. Council Expansion 3. Maple Leaf 4. Wall Covering 11. Cope Avenue, Project 85 -26, Change Order Two a. Manager McGuire presented the Staff report. b. Director of Public Works Haider explained in detail the necessity of the change order. C. Councilmember Rossbach moved that the portion of the change order that reflects the cost of the Utility Company locating a hydrant in the wrong location and having to relocate be returned to the contractor with the instructions thev bill the utility compan Seconded by Councilmember Anderson. Ayes - all. d. Councilmember Rossbach introduced the following resolution and moved its adoption: 25 7 -20 -89 89 - 7 - 118 WHEREAS, the City Council of Maplewood. Minnesota has heretofore ordered made Improvement Project 85 -26 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 85 -26 Change Order Two. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Two in the amount of $1,009.06. Seconded by Councilmember Anderson. Ayes - all. 13. Employee Assistance Program a'. Councilmember Bastian moved to approve the Employee Assistance Program and renew the contract with T.E.A.M. for one year at $12.00 per employee per year. Seconded by Councilmember Anderson. Ayes - all I. COUNCIL PRESENTATIO14S 1. Paper Recycling a. Councilmember Bastian stated the City is using colored paper that cannot be recycled. b. Council instructed Staff to use the balance of the colored paper that is not recyclable (goldenrod, dark purple, cherry, etc.) but do not order again. C. Councilmember Bastian also requested Staff to check on the City's envelopes that have cellophane windows to see if we can do away with that also. d. Staff will investigate. 2. Hazardous Material Response a. Councilmember Bastian questioned what the cost of the "employee right to know "" issue. State cost versus local costs. b. Staff will investigate. 3. Gopher State One Call a. Councilmember Bastian stated he did not know the City was charged for the Gopher State One Call Program. b. Staff stated the City had spent approximately $1700 since November, 1988. 4. Noise Ordinance 26 7 -20 -89 Action by 0ouncil: Endorsed. 110 dif i e d_._..�._____ Re j ectea MEMORANDUM Date To: Michael A. McGuire, City Manager From: Robert D. Odegard, Director of Parks & Rec rea t ion Subj : Street Light For Skating Rink At Kohlman Park Date: July 21, 1989 Introduction During the 1988 -89 skating season, we developed a skating area in Kohlman Park. From the amount of use, we are now recommending that a street light be installed to permit the use of the skating facility .during the w inter and to provide additional security light in the park at night. The Park and Recreation Commission at its meeting of July 17th recommended that the City Council approve the installation of a street light in Kohlman Park on Cypress Avenue and to provide the funding from the PAC charge for the underground installation of the wire and the pole, Background We have discussed with Northern States Power the installation of a security light in Kohlman Park and they are unwilling to permit and /or install this type of light. We also discussed having a street light, which they are willing to install. NSP contacted the neighbors across the street for permission tO have an ease- ment to install wires to the street light, but the residents objected. We also discussed with NSP the possibility of running electrical lines from County Road C and Cypress, which seems to be an acceptable alternative. We also wish to cooperate with the neighbors and recommend that the street light arm not go out over the street, but rather be turned inward over the park area, thus reducing any extra light that could g o into the neighbor homes* it is the Park and Rec - reation Commission's opinion that this light could serve not only g the skating rink during the winter months, but also provide lighting near the trail system in the park during the nightime. Recommendation It is requested that the Council approve the installation of the street light on Cypress Avenue in Kohlman Park by NSP. The cost of the installation underground and pole of $1 —will be paid from PAC Funds (403-803-343-4720) . �..._ -.._, .y ,yam\ _�� -y-- •,� wY I s v f 10 n -�n Y 1 --- ---- -- -- . ' .' _ Action by OouooiI� � "`~MO°`A'`°=,' Endorsed.--.,-.— �o��ie�_�_~____ TO: i�it�/ Manager � F'ROMV Shawn Bernier, Planner Intern Rej eote SUBJECT: Conditional Use Permit Renewal Date--, LOCATION: 1770 Gervais Avenue APPLICANT: Schwan , s Sales Enterprises, Inc. ' OWNER: ]David Lundberg PROJECT: Schwan'^s 'rehouse/Office ` DATEx August 8 1989 ' _ SUMMARY INTRODUCTION ' ' The applicant ii� requesting the renewal of the conditional use ` permit for Schwan ~s Warehouse/Of f ice . =A~"`G"`==N=" On July 12, 1988, the Community Design Review Board conditionally approved plans for' this facility. On August @, 1988, the City Council granted the conditional use permit subject to the 10 conditions. ' ' ORDINANCE REQUIREMENTS Section ' 36-442 (e) of the (City Code requires that all conditional ' use permits e reviewed by the City Council within one year of the date` of initial approval and as often as is specified thereafter. ' The City Council' may specify renewal terms of up to five years at each subsequent renewal request. DISCUSSION The applicant has completed all work the City Council and Review Board required. ' RECOMMENDATION Renewal of the conditional use permit for Schwan 's Sales Intverprises, Inc. for five years, subject to the original conditions U of approval.. Attachments: 1. Location/Land Use Plan Map 2. Property Line/Zoning Map . .. Inlorchnnpo Interchan0o r,;princlpnl arterlal 004 Yatlnals Heights I RR i SC mn�nr weilwn.w...rwwwwwaswrwww. w..w .w rrAwa If l: o. If tT. -U 11 ooll act ot I r -' I �I ■ � T' r / � I BW ; -, RB 0 �; DC eotlagl or I � ♦ r t � major coil ctor4 ♦♦ _ F t E �� I 1, I ♦ `— ♦ _ JLQ!T.11'�X °. minor- nrlal t? - Rm l ♦ J C R 1L N r' -SC BW �c \ ii 01 f1O J �`� {• • 'TI, i �', _ I i .3D F11 T 0S �a • l - __, iii, -• hI P Co°Ad. C I I mir7or rterlat.� �a s 0 F -fi I L k=d DL C OS 5C ttiy- B W - r r/ e.._ c ..y -c-I I1 _.. _.. A I }ww Iminof eell•otvr` , w .• '" j flLl� �SC m lOS I.: Rm i.L.t�jC= R� *� I vV 6 Malor colic - Lnrrn,a ♦��'IiL wnrww .w. wwaM ww na.r ww.wr ♦ r:'l.l lc— a • / �mol rta If ......... m _ u lu m o m c u m p _o m t E y HAZELWOOD LAND USE PLAN Attachment 1 '4 IN ILI •s - 17 � .•7- .14 ins et. 350 foot radius from the residential district, Now W1111 in ar .. 4 , • 0 3 4 ZS ac. 4 3(v ac i S 4 3 N ono LAC \ ' ? = s4 s r tr • • } to ! �` t i C5 to in > t3 lei v of ► 090 14 , 107 4� 0 1 Co � Pj- e o -w- u. S � r � d• ot• •• Jam. wo r • �. �'� 1165.97! CO CO 14% 'w N - N 1 Z)- N t -• !321.1' _ SB.L':, Loof UA i V v, • 0 Cr) • 4W 4M dMW MW 00 4WD Gb N 7 47 so p,,,p [s PAT o ti 3.34 ac . °,) 1. O 2 a ac i • C o 00 OR 40 �. � 13 } 14 Cp e' o 1.18 t _ y • _ S 104 . o t5 40 IL. 30 O• Z 0 � q** ..in---- U 1. A •Or46 ID 16 lb 1 1 " . • f 3,15980 0"0404 D.. 4963% • ii• /� 40 0W0aMOWSa � .p• 1 10 O • ( IF tl� so in 1K rj;" `tom I �- •f Lt Y-3r ITT -a i co�oo.,..w�vrto WW 2 b, �! .c owa c r►�++.. / v' Q K I% j NO 'f C o P A • : CO '4 1� S 45AA 0 , 1 R A L y vi 1 r - PROPERTY LINE /ZONING MAP Attachment 2 4 N ido co�oo.,..w�vrto WW 2 b, �! .c owa c r►�++.. / v' Q K I% j NO 'f C o P A • : CO '4 1� S 45AA 0 , 1 R A L y vi 1 r - PROPERTY LINE /ZONING MAP Attachment 2 4 N r. MEMORANDUM TO: City Manager FROM e Ken Roberts, Assoc i ate P1 an n er SUBJECT: Street Vacation LOCATI ON: Wa l ter Street , south of Frost Avenue APPLICANT: First Dank of Hugo OWNER: Edith Hagstrom and William Linton. DATE: August 4, 1989 SUMMARY INTRODUCTION E -.- V Action by Council: Endorse Igo d.i .'i e d., Re j ected Dat e The applicant has requested the vacation of Walter Street south of Frost Avenue. This request was original l y heard on December 1-5, 1988 and was tabled until after the project's assessment hearing, BACKGROUND .January 28, 1985: The City Council denied a request for this street vacation. November 28, 1988: The City Council tabled a decision on ordering the construction of Wa.l ter Street. ,June 12, 1989: . The City Council awarded the bid for the Walter Street project, August , 1989: The street has been constructed, CRITERIA FOR APPROVAL Chapter 412.851 of state law states that "Council may, by reso l ut i on , vacate any street or a l l ey ... i f it appears in the interest of the public to do so..." DISCUSSION Si n.ce Walter Street has been constructed, it is not in the pu.b t i c interest to vacate the street. As such, the street vacation request should not be acted upon, RECOMMENDATION Take n o action on the street vacation request, Attachments le Property Line /Zoning Map all t SOT �t NNE 4b•S'S OF LEASED TO VILLAGE '('p► LLAGE of S . l* in Q r' + • ~ 9i i2�-.. �r i N t �i 13 8 13 , •-- � 14 1 N 5 � 151 Ile, / 0 MUNI 40k 0 ° `tLl p'L owe IDILS — ' 'a' 13 113 t O T �C o, or I Ile` q �•(l9)20 g Z.O %1L g 20 FENTON - O s 7bj 14 � 1� 1 l3� o p t s 1G ' 's'•'' . t� ro t,µ,, S T Gb t _ 1 1 . ' • 7 4(33) ,t j t •ao 1'i • . + .,,4,1 1. T t c.1 r 3 .. ; , s3i t g� 3 X43 �,n , t8 S��• 0 'C�� oZo .Z - !'g`�'�'9 1 2 ` /St�9 _ '��.t9 11 o i 0 20 0 ILL #0 ti � + Q V 01 90 • .S2 Iwo 04 3 iQ, Z 4 9 �? ui 10 r ---�- to J t of GORD � 141. �► � 4- ao. t �o t a s "�► r �g a ,p 5 cL CITY OF 5 U L � '� o � � � `•'` c� �` 3., G 33 � 1 � 1-32 m. G i E + 6) r.� rr� 474 t 0.T a F o V " 44 • ' 3 S�< 3'�\ O �4� 5 p = �� 7 Gt .:i f e' ? s� 61 r °O 0 a. T � St j C low 9 W LOO K o V r R r f PAR K .PROPERTY LINE ZONING. MAP' 7 Action by Counc l Endorsed_.... MEMO M o d i f i cd�..�. Rejected TO CITY MANAGER Date ..� FROM: CITY CLERK RE: BUDGET It is necessary to request a budget transfer of $2200 from the General Contingency Fund to the-publishing account. The transfer is needed due to the above average publishing costs for legal notices, ordinances, etc. AGENDA REPORT To: City Managear Michael McGuire Prom: Chief of Police Kenneth V. Collins 'Ji v, , Subject: Resolution Date: August 9, 1989 Introduction E -6 action by Council :, Endorsed Mo dif i ed,,...,,.,,,, Re j ecte .Date The Maplewood Police Department responded to a survey conducted by the Minnesota Bureau of Criminal Apprehension in reference to portable breath testers. As a result of that survey, the Maplewood Police Department is eligible to receive an A1co Sensor from the State of Minnesota Department of Public Safety. ' In order for us to receive this. free Al co Sensor, which would be used by our patrol officers, the attached resolution must be passed by the Maple- wood City Council, Recommendation I recommend that this resolution be approved and sent to the City Council for their review and approval. Action Reauired Review and approval by the City Council, PVC j i PBT RESOLUTION BE IT RESOLVED that the City of Maplewood enter into an agreement with the State of Minnesota, Department of Public Safety, for the purpose of receiving from the State of Minnesota, Department of Public Safety, prelim— inary breath test instruments on a loan basis for use by law enforcement officers to assist in the detection of motorists who may be in violation of Minnesota Statutes Section 169.121, or local ordinances in conformity therewith. . BE IT FURTHER RESOLVED that the Director of Public Safety and City Clerk be and they hereby are authorized to execute such agreement. CERTIFICATION State of Minnesota City of Maplewood I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the City Council of the City of Maplewood at a duly authorized meeting thereof held on the 17th day of August, 19899 as shown by the minutes of said meeting in my possession. City Clerk l�! "m AGENDA REPORT To: City Manager From: Chief Michael McGuire of of Police Kenn — Subject: Donati o Kenneth V, Col 1 i ns_- _ n to Paramedic Gift Fund date; July 21 ,1989 98.9 4: 1- - '-- , - -- -.'> Action by Council: Endorsed Mo di f i Re j ected Date Introduction We have receiv ed T a $50 check from t The check i s made a he Concordia Arms. Res ' payable to the Maplewood dent Council, Paramedics, 8— k round Concordia Arms i s a residence for elderl paramedics respond to numerous people, and ever e ous calls for service at y y ar our " this location. To show their a re donated PP ciation� the Concordia Arms Resident Council y ur paramedics. has Recommendation I recommend that we accept this donat Paramedic Gift Fun ion and that i t b d, Account l 01- 403 -00 -46 a depos i ted in the , Action Required por yoU r review and approval and approval by the City Council. KVC: j s cc Finance Director CONCORDIA ARMS RESIDENT COUNCIL 866 2030 LYDIA l MAPLEWOOD, MN 55109 / ��� 19 � 75-509 960 0 PAY TO THE ORDER Of �' Z' Q,'Z.1�,. �, "1 D O L L A R S Maplewood WHITE BEAR AND BEAM AVENUES State Bank �./� ,-� � '►� MAPLEWOOD. MINNESOTA 55109 MEMO 4:0 9 600 50 9 3,: 1 1 12 4 SOV OB 6 6 Original check submitted to Finance Director. ESTNER C. WESTMAN �......- 2030 E. LYDIA AVE. #105 ST. PAUL, MN 55109 lk • :�, .r.. ,a V� V aa� ut2r2�e�fae� c���tiu�a f tau ,{02 �ie�r2� ea nice dawvw, 6a. C." ca AGENDA ITEM AGENEiA REPORT ActiOn by . Council: End0-rsed_____.. TO: City Manager Rejected,... FROM: Pub ic Works Coordinator Date SUBJECT: Change Order--Painting of Interior of Cope Avenue Water Tank PATE: August 8, 1989 Recent inspections of the tank have revealed significant failures of�, the coating system inside the dry riser tube, a portion of the tank not covered by the original contract. In early 1988, a contract was commenced as p anned on about compl eted as schedul ed due to of the coating material The cease operations and return ii contract. let to Rainbow, Inc. Work- August 16, 1988, but was not temperatures below the cure point contractor was therefore ordered to n the spring of 1989 to complete the Coating operations resumed on June 24, 1989, with an estimated completion date of August 11.. On July 26, while inspecting the progress of the work, the faiTures in the dry riser tube were discovered and a change order was prepared. It was apparent that failure to authorize the work covered in the change order would result in the removal of the contractor's rigging and equipment, resulting in a significant increase in the cost to the city to accomplish the work at a later date. In light of these additional costs, the contractor was authorized to proceed with the work covered by the change order. Original Budget Amount $1109000000 Original Contract Amount 829010a00 Amount of Change Order 59935oOO Amended Contract Amount 879945w00 Approval of the change order in the amount of $5,935.00 is recommended. WCC dw TO: FROM SUBJECT: LOCATION: AP 'L I CANT /OWNER: PROJECT: DATE: I NTRODUICT I ON MEMORANDUM. City Manager Ken Roberts, Associate Planner Conditional Use Permit 1194 E.-County Road C Lakeview Lutheran Church Pre - School Child Care Center June 279 1989 SUMMARY F— / Action by Council: Endorsed Modified.. Rejected D1..te The appl icant is request ing a conditional use permit to operate a Pre-school child care center in the education building of the church. The property in question i s zoned M -1 , l i g h t nuf acturing . Da care centers require a conditional use permit ma y in all zoning districts. BACKGROUND On � September 8 1977s the City Council approved a request to p construct a 448 - square -foot addition on the church. CRITERIA FOR APPROVAL City requires ui res sat i sf action of ten findings for approval of a q conditional use permits (See the resolution on page 8) . DISCUSSION The proposal for the day care center is for up to 20 children two and one- -half years through five years of age. It is proposed to be operated primarily in a multipurpose classroom in the education building between the hours of 6 a.m. and 6 p .m . , Monday through Friday. (See the floor plan on page 7) . No changes are p roposed for the exterior of the buildings other than the addition of playground equipment to the l awn . The owner /operator of the center (Ms. Margie Munter) has applied to the State of Minnesota for licensing. A day care center, in order to be 1 icensed , must meet all applicable building "9 fires sanitary and zoning codes. In this instance, the proposed -facility is compatible with the intent of City code requirements and the existing uses within the area. In addition, the proposed number of children should not present any nuisance or traffic problems for adjacent properties. RECOMMENDATION Adopt the resolution on page 8 approving the conditional use permit for Lakeview Lutheran Church to operate a pre - school day care cent er one years ear Approval is subject to the following .. conditions s I's The owner/operator acquiring al 1 necessary approvals and licenses ses from the State of Minnesota to operate the day care facility• hall be maintained and operated . The day care centers in such a manner as to not create any nuisances for nearby properties. REFERENCE site. Descript ion o church buildings (sanctuary Existing land uses two and . education) and associated parking and lawn areas. Surrounding Land Uses North: County Road C and Highway 61 East .2 A single-family home and the future Rainbow Cleaners office building dealership and Duluth Street South , Mitsubishi automobile .West Vacant gas station building and Highway 61 P1 ann Land Use Plan designation: SCI Service Commerc ' a 1 zoningbil M 1 , Light Manufacturing �1 Attachments . 1 . Location Map 2 . Property Line /Zoning Map 30 Site Plan 4.. Floor Plan Conditional Use Permit Resolution Lak ec up . mem .. W V = o v . Eow G� N 37. ��. = ST ✓oH g Afs Lvo 19 BEAM AV 8-0 No at 60 --'.' o � � 000 44 MAI1�C M V � � � � POND ivnla x0h/nmon Lake 4 z ce 0, L t KOHLMANd AV Z o .� Co RO 4-0 N. � a a Z J PIRL PALO / o W Y CR r1� : �T W DE M0NT AV ItON GGN R A ` p (t) CONNOR AV c,R ! CT oE- MoN� V PL A ZA N t ALVERA00 DR o 0� Z .3 8EL LCRESr OR h e W 49 DEA UVIL L E DR 22 W 3 .� ? � XTANT � h 5 MERIDIAN OR � �� � XTAN T AV '*�► PQ �, a GERVAIS 60 <<� 112 GERVAIS AV _ 00 � GRANCN� AV W W G • S Y pKWY m VIKING OA L rl : �- Knuckle Heod L t7k# t 58 �► COPE CT COPE AV Keller Lake z LARK AV ARK wait p, W RO z AN - H R T A _ ac LELANO _ W rr 1 ,. 26 2S Ju TI N A Co RD "s" o A, 5 BOWE A/ P� � R,�'E AV tl) p4AM m it W 3� BERS 3'T � � ELOR100 // mss~ EL.pR100E AV AV BEL Oehr //ins y T RECRE4 r/ LOke A J AY 1ILMAN AV y RRI$ `I H SKttLh1AM N ROSEWOC W KENW u 4 S AV LA AY pN / RY- N A/ H m MT. V R"ON tRA 1� ...• - -""'. ♦ „ Q W. W AV �� 28 I H FROST If�l 26 �.. N g or y AV eEL oa a� 60 27 W FE ON AV W +s0ao c / ME q AV a SAM O h W G C W ; FRISBIE AV ►. pap 6 AI�PtEr � Z W 4 M V 104 ` W �i LOCATION MAP F { 4 Attachment 1 OHLMAN .i li o .• ,+ • 9z�1 ' T o. 01 V1 r `•i ♦ ~ � ��� � � !!'fir+, � _� i_ 1 __ � � • I 1 •a• 01 `. 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't ��. r. 2 1' •• �• i . ♦ 1 ' •, /• ; / ,1LF . • 1• •t ..' t •.1 •'•� •1 . l f �' " t.' • :i;Ji: INV.: • •/ r 't .. is • f ..Y 'vt psi � y,1 ..• �L:• � � �f• ` "�,� �•`i.l'' •'��'• �J•F`.alit�.�i��r.A.a. •��2rFj►•.•y���Mr!��1( \.f• ►�f�w/7`t "��• " ~'r . f'h � -'••iv r�. •' • � � a •��- (�i,.•T • ~'wJ'L7 r � , �r 71. �� M r:"►' -�J ` L / f � y� ► .Arvr:.• r. L. .. .- •as.i -.z :7 •.• EDUCATION BUILDING FLOOR PLAN 7 Attachment 4 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Maplewood, Minnesota was duly called and held in the Council chambers in said City on the day of 1989 at 7 p.m. The following members were presents The following members were absent: WHEREAS Lakeview Lutheran Church initiated a conditional use permit to o a operate day care center at the following-described p Y property: 1194 E. County Road C WHEREAS, the procedural history of this conditional use permit is as follows: 1 . This conditional use permit was reviewed by the Maplewood Planning Commission on , 1989 . The Planning Commission recommended to the City Council that said permit be • 2s, The Maplewood City Council held a public hearing on 1989. Notice thereof was published and mailed pursuant to laws Al 1 persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commissions THEREFORE BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAT conditional use permit be approved on the basis of the above-described the following findings -of -f act : 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2e The establishment or maintenance of the use would not be detrimental to the public health, safety or general wel f are . 3. The use would be 1 ocated , designed, maintained and operated to be compatible with the character of that zoning districts 4w The use would not depreciate property val ues . g Attachment 5 5e The use would not be hazardouss detrimental or disturbing to P and potential surrounding land uses, due to the hoisesq glares smoke, dusts odors fumesq water pollutions water run -off it vibrations general unsightliness, electrical interference or other nuisances. 6e The use would generate only minimal vehicular tra+f ic on local streets and shall not create traffic congestiong unsafe access or parking needs that will cause undue burden to the area propertiese 710 The use would be serviced by essential public services, such as streets9 of -fire protections utilitiesq schools and parks Be The use would not create excessive additional requirements at public cost for public f acil ities and services; and .woul d not be detrimental to the welfare of the City& 96 The use would preserve and incorporate the site's natural and scenic features into the development designs 100 The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: is This permit shall be subject to review after one year from the date of approvals based on the procedures in City Codes 2w The owner/operator acquiring all necessary approvals and licenses from the State of Minnesota to operate the day care facility. 3e The day I care center be maintained and operated in such a manner as to not create any nuisances for nearby properties. 9 Adopted this day of , 19890 ed b ..Second y Ayes STATE OF MINNESOTA COUNTY OF RAMSEY SS- CITY OF MAPLEWOOD • the dul ual if i ed and appointed Cl erk I , the undersigned, gned , be � ng y q of the City t y Maplewood.; of Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a of the City t of Map 1 ewood , held on the day of .regal at^ meeting y 1989, with the original on f i l e in m y office and the same is a f ul 1 true and complete transcript i nsof ar as the same � relates to a conditional use permits Witness my hand as Clerk and the corporate seal of the City such C this day of , 1989 City Clerk' City of Maplewood 10 19 "PI ann in g Comm *ssion 3- -M-inutes 7-17-89 area tra+f ic circulation or emergency vehicle access* Commi sioner Cardinal seconded Ayes --Ax dahl Barrettq Cardinal Fiol a. F i scher , Larson Sigmundikq Sletten Commissione Cardinal mo d the Planning Commission recommend ap oval of t resolution for the rezoning of t proper to BC (M) on the east side Ca 0 Cardinal n/ a mov a of t t e p Dp er t of White Bear venue om County Ditch IS to the i u north property ine 2500 White Bear Avenueq based on the findings e fired by code. Motion died for I/Ak of a second . i Commissioner F scher moved the Planning Commission recommend app oval of the rezoning of the parcel of land north 2500 Wh i e Bear Avenue + rom F 9 - + arm residential to 8C(M) b siness commercial modified Loner pF P _,d /a t h ia I to L Commissi er A.%>,,,,dahl sec ed Ayes--A>-,-dahl Fischer Nays--Barrett 9 Cardinal Fiol a., Larson, SigmLtndik Sl etten o specific reason was given for the nay votes VIs VIS.I,,TOR PRESENTATIONS VII 19 NEW BUSINESS A Conditional Use Permit: 1194 Co Rd L; (Lak, ev i ew Lutheran Church) Ken Roberts, Associate Planner, presented the staff report for this requested conditional use permit to operate a pre-school child care center in the education building of the church. Margie Munter, 2550 Taylor Avenue, White Bear Lakev s a l id she has applied for the necessary state I icenses and she would I i k e to open the child care center around the middle of August. Ms. Munter said Planning Commission -4- M i n ut es 7-17-89 she woul d conf orm to any requirements necessary f or state I icensing Commissioner Cardinal moved the Planning Commission recommend adoption of the resolution approving the conditional use permit for Lakeview Lutheran Church to operate a pre-school day care center for one year. Approval is subject to the following conditions: The owner/operator acquiring al I necessary approvals and licenses from the State of M i nnesota to operate the day care + ac i I i ty 2 The day care center shall be maintained and operated in such a manner as to not create any nuisances for nearby propertiess Commissioner Fischer seconded Ayes--Ax dahl Barrett, Cardinal Fiola, F i scher , Larson , Sigmund ik, Sletten Be Conditio al Use Permit: 2210 White Bear Avenue (used car lot) a, 0 Use t Ken Robert Associate Planner resented the staff r report for his requested con/dional use permit to ti operate a al d car sal es busi ess 0 William Tate, 4452 business owner, said body repair sho now also be managing the A commissioner as•ed going south on Whi e made to enter this Works said a left-h center turn lane. \I. 57t Street, Stillwater, the he a his son manage the auto in Brat ion and they would us car businessq if approved. s f + if a I eft -hand turn . ar Avenue , coul d 1 egal I y be perty. The Director of Public d turn wool d be I egal from the Commissioner Ca inal oved the Planning Commission recommend: 7. Approva, of the attAcched resolution approving a condit onal use perm * t for one year for the p r d0 i open ion of a used c r sal es business at 2210 va t 0 ion r Wh i Bear Avenue. Aproval is based on sa s+ action of the ten +3*.hdings required by C] u e, subject to the following conditions: TO: FROM: SUBJECT: LOCATION: APPLICANT/OWNER: PROJECT: DATE: INTRODUCTION F, rZ Action by Counoil: MEMORANDUM City. Manager Ken Roberts, Associate Planner Preliminary Plat Revision and Variances Larpenteur Avenue and McKnight Road Ed Cave and Sons., Inc. Woods and Ponds (formerly Cave's Currie Street.Ad.dition) July 24., 1989 SUMMARY Endorsed_ M o d -i f i e d. Rejecterl Date The applicant is requesting the +ol I owing: I'm A revision to an approved preliminary plat (Cave's Currie Street Addition) to increase the number of lots by four to create a total of 19 single-family home sitess 2a Variances to the zoning code to allow the construction of three single-family dwellings within the required rear-yard setback- 0 BACKGROUND The City Council approved Cave's Currie Street Addition pre iminary p at for 15 s i n g l e-+amil y 1 of on Jul y 13, 1987 1 subject Ltbiect to seven conditions. On July 11 1 1988, the City Council approved a one-year time extension of the preliminary plat approval . DISCUSSION There are three issues with this plat: changes in wetlands, loss Of trees, and additional lots* Wetlands 'There are two wetlands on this site, labeled "A" and "B" on the grading plan on page 12. Wetland A would be filleds Wetland B would be excavated to provide the capacity required in the City's draina(.ge plan. The environmental protection ordinance requires preservation of wetlands where they are needed to meet the City's drainage plan or for water quality treatment. Pond A is not needed for either purpose. Pond B wil I provide for storm water drainage needs and the Soil Conservation Service +eels that Pond A has little value for water-quality treatment. (Refer to the report from Schilling Environmental Consultants on page 14.) Excavation of Pond B w i l I probably improve the water quality over the way it is now with two ponds. I Tree Preservat ion .I.n addition to the issues with the ponds on the site, tree preservation is a concern with the development of this property as wel I The revised plat appears to have considered where trees are on the site and should have as smal I as possible impact on t-hose that remain on the property. There w i l I be trees lost on Lots One and Two in the northwest corner of the site but careful grading and attention to site planning on these specific lots could minimize the impacts of construction on the treeso Lot Layout The major change between the approved preliminary plat and the proposed plan is the addition of four single-family home lots. The additional lots are proposed for the area between McKnight Road and Currie Street by having them front on Larpenteur Avenue P and McKnight Road. All of the lots as proposed meet City .standards for street frontage and total lot area. Lots 69 7 and 12, Block One, as shown on the proposed plat are unique in configuration. City Code requires a rear yard setback for homes on single-family lots which is equal to at least twenty percent (20%) of the lot depth. The housepads for these three lots as shown on the preliminary grading and utility plan do not meet this setback requirement. These lots could meet the rear yard setback requirement if the front of the house (+acing _McF:*%*night Road) is constructed nearly next to the pond. This site ,design, however, would leave little usable front yard on each lot. Due to the unique conditions of the site, staff recommends that a variance to the rear yard setback requirement be granted for Lot 7, Block One, such that a 20 -foot minimum setback from Lots 8 an'd 9 be maintained when a house or any attachments thereto are constructed. Additionally a 20-foot variance to the rear yard setback requirement for Lots 6 and 12, Block One, is recommended so that homes may be constructed to within 35 feet of the rear property line. To ensure that these minimum rear yard setbacks are maintained, a recordable deed restriction for Lots 6.j 7, and 12, Block, One, should be submitted to the City as a condition of final plat approval . Lots 6 and 7, BI ock One would be doubt e frontage I ots as they have street frontage on both McKnight Road and the proposed Currie Street. Section 30-8 (f) (6) of the City Code states that "'double frontage lots shall not be permittedg except where t.opographic or other conditions render subdividing otherwise unreasonable." The double frontage lot arrangement has been p roposed by the applicant so that driveway access to these two lots would be from Currie Street, not from McKnight Road. This alternative, howeverg creates a 30-foot-wide strip of land .between Lots 5 and 8 of BI ock One for a common driveway. The p an as shown does minimize the amount of driveway pavement that woul d be required as the driving surf ace woul d be about 60 feet 2 shorter than would a driveway to McKnight Road. The Assistant City Engineer recommends that the driveway for Lots 6 and 7. Block One, be constructed as shown on the grading plan because: Poor soils exist in the pond (which cause construction and stability concerns with the 8 -inch PVC sanitary sewer Linder the driveway); 2-a The need to instal 1 a cul vert under the driveway is avoided; and 30 It minimizes the number of access points to McKnight Road. Based on the above analysis and the site conditionsq it appears that the double-(rontage lots as proposed are warranted* All driveways that are over 150.+eet in length (Lots 6, 7 and 12, Block One) are, required by the Uniform Fire Code to have a minimum of 12 feet of paved surface with a minimum of a five-ton I oad design . RECOMMENDATION lip Approve Cave's Woods and Ponds Addition preliminary plat .(plans stamped April 10.1 1989) subject to the fol lowing conditions being met before final plat approval : a The plat shall be revised as illustrated on the map on page 11 to include the following: C 13 The drainage and utility easement between Lots 6 and 7 and Lots 5 and 8 of BI ock, One shall be revised to include access in its description. (To al I ow for its use for the driveways.) b An opinion shall be submitted by a certified soils expert which describes the soil correction procedure(s) necessary to prepare the areas proposed as building sites for Lots 1, 2 and 3 of Block One. These procedures shall be included in the developers agreement. C The final grading, drainage,, util ity and erosion control plans shall be approved by the City Engineer. These plans shall include, but not be limited to: (1) A proposed building pad elevation and contour, information for each home site, as well as the areas to be disturbed for street construction. ID Housing styles shall be illustrated which minimize grading on sites that contain trees to be preserved. Deviation from this approved grading plan may be permitted by the City Engineer, provided that the intent of the overal I grading plan is compl ied with (2) The location of the +our-inch and larger diameter trees to be saved shat 1 be shown on the grading plan. The location and type of trees to be replanted (Condition e.) shall be shown in the grading plane (3) The minimum distance between the building pads for Lots 6 and 12, BI ock One and the west (rear) property I ines of Lots 5, 10 and 11 j Bl ock One shall be dimensioned as thirty-+ ive'(35) feet on the grading plane (4) The minimum distance between the building pad for Lot 7., Block One and the west (rear) property I ines of Lots 8 and 9 Block One, shal I be dimensioned at twenty (20) feet on the grading p an (5) In the grading plan, show the location of the driveway for Lot 13, Block One, including the area for the required turn-around & (6) The grading plan shall max imize.preservat ion of the h i 1 1 and trees on Lot One., Block Two, as much as possible. (7) The use of a temporary rock entrance pad during constructions do Submittal to the City a 100-foot-diameter easement for the temporary cul-de-sac for the Currie Street right- of -way. e Submittal of a signed developer's agreement to the City Engineer with the required surety for all public, street, pond ing and utility improvements required for this developments This agreement shall also guarantee: (1) That trees will be planted to comply with Section 9-191 (5) (b) of the environmental protection ordinance. (2) That the prescribed soil correction procedure(s) in Condition be (above) will be followed. (3) Construction of driveway turn-arounds for Lots 11 29 35 12 and 13, Block Ones (4) Construction of driveways for Lots 6, 7 and 12, Block One, that comply with the requirements of Section 10.207 of the Uniform Fire Codes (5) Construction of the temporary Currie Street cul -- -de -sac f . Submittal of a recordable covenant to the Director of Community Development that restricts the driveway access. to Lots b and 7, Block One, to Currie Street. 2a Approve the resolution on page 17 for a variance to Section 36 --72 .( a) of . the City Code to allow the construction of a single-family dwelling and its attachments for Lot 7. Dl oc�:: One, up to 20 feet from Lots, 8 or 9 and for the construction of homes on Lots b and 12 , B1 ock One , up to 35 f eet f rom the rear property line. �I • REFERENCE Site Description Area Size: 9.97 acres Existing land use: undeveloped Prominent natural features: two wetlands and numerous large oaf% trees. One small wetland would be filled and the larger one would be improved. The majority of the trees near the wetlands would be retained. Surrounding land uses North: Larpenteur Avenue and a singl e-dwel I ing property (2300 Larpenteur Avenue) shown as the exception on the proposed plat. The applicant has indicated to staff that they now own this property and intended to make some improvements to it. Across Larpenteur Avenue is Hillside Center. East: Four single dwellings on deep (300 feet) lots South: A single dwelling t 160 McKnight Road) on a 132 x 59b- foot parcel West: McKnight Road. Across the street is Hill crest Country Cl ub. Past Actions 2-16-78: The City Council denied a request from the property owner at 2300 McKnight Road to create a 75-foot-wide lot. Council required at least 100 feet of width on McKnight Road to ensure a proper width corner lot at such time that a street would be constructed along the east property line. 10-1-82: A lot division was approved for the property at 1540 McKnight Road. The lot split was conditioned upon a deed restriction being recorded to run with the 100 x 150-foot parcel that stated ."when an interior street is constructed (along the south property line), the driveway access to McKnight Road shall be located to the interior street." See the concept plan on page 9. City Code Reauirements 10 Section 9-191 (c) states that: "Filling shall not cause the natural nutrient stripping capacity of the wetland to fall below the nutrient io �Product ion of the wetland watershed for its projected development." 2. Section 9-192 (a) states that "Development shal I be designed to preserve the maximum number of healthy trees. This requirement shat I not app y to diseased trees or where a forester certifies that thinning is needed for the overall health of a woodlot; in which case. a spec if ic tree removal plan must be approved by the City." Public Works The four-acre-foot storm water pond as shown on the submitted plans .is in conformance with the City's drainage plans (See the map on page 13). Ramsey- County Highway Department McKnight Road is a 40-mph, four-lane roadway with an off-street trail along its west side. It is recommended that driveway turn- arounds be constructed for Lots 12 and 13, Block One, to eliminate the need to back a vehicle onto the roadways Public Sa+etx is -Section 10.207 of the Uniform Fire Code requires a five-ton, all -weather, 12- foot -wide access roadway to be available to within 150 feet of the farthest portion of every building unless the building is sprinkl eyed s The house proposed on Lot 12., BI ock One wool d be at I east 180 feet from the McKnight Road surface. The houses proposed on Lots 6 and 7, Block One, would be at least 220 feet from the Currie Street road surfaces 2e A Williams Brothers Pipeline is 16 feet north of Lot One, Block Twoq running parallel to Larpenteur Avenue. LARMCPPoMEM Attachments is Location Map 2s, Property Line and Future Street Concept Map 3., 1987 Preliminary Plat 4o 1989 Proposed Preliminary Plat 5s Grading and Utility Plan 66 Drainage Plan Excerpt 7a Report: Schilling Environmental Consultants, Inca .8 0 Variance Resolution - F - <it9 .. � ` .. L �Ittrrrr/rrrtr//rlrltrl - ._., ,.,..,.. ..�...; �� �i�trrrLlllr stmt t111rr trrr/rrrltr� trrlrtj t • w 3 R2 2 R . •S r _ • 1 / •• w R �Ir / /r /rti ! /Ilttrrf /r / /it1/ /� ;�Iff /ffG /Ir111r1 a1 111111littttUtttllttr /ttis /f1r III oil as: • • LB - �� - r r ... • w R 3 ow B C r ;� �: N - PVD...• ;.. �} C i�f�tr���sf/s�rrrNrstlr r11 rirrrrrrrl�rr// rtltirr/rf!ltiit�fll all ��1. aft /f1f 1 111111fIfif / / / /Iff�t1� . w►.;: = F � - %�ri /�IrIrIt1 2 % - 7 _ �`tirf ttf'__11w • w M ,•�•v= M2 14 4 0 N LQ . � �111ltIf11111 R 3 . = R3 Mf _ PW D MW •r Dr �� ' �,, • 1 l! 111/ 1 11� �i EB J R R ,, ow % • " ��� l�� N C = P D}, R3 C 2 .. . R� ��� 1 ; Pip : !!/1 IlittlC 1.�. 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W " • N *"88 !+ •�••••� M �M� • • !'�Gr"'.tl1D 01 M ww 1( A lOT�t t�Arlt• M iiwaii /viLt �1Rf • i• *@ *4t** *a goo". sots �•�a sr►ttts • • •• a�c�s OCT •►ts • 9.11 K►t :.....� .. eiqoeo L /Ne Two •• MIN r w M.t+►s" • p P 0" s. 12 Attachment 5 ti d4% semi '�1 .001 fit .o/ 1 it \� / ' \� ........... 000000' %wool MAJOR WATERSHED DIVIDE wo INTERIOR WATERSHED DIVIDES PROPOSED STORM SEWER 4208 EXISTING STORM SEWER OPEN CHANNEL STORM WATER STORAGE AREA INUNDATION AREA STORAGE AREA VOLUME 4 Ar DISCHARGE IN CFS CITY LIM-ITS MAPLEWOOD DRAINAGE PLAN 13 Attachment 6 4 LO; ?LA semi '�1 .001 fit .o/ 1 it \� / ' \� ........... 000000' %wool MAJOR WATERSHED DIVIDE wo INTERIOR WATERSHED DIVIDES PROPOSED STORM SEWER 4208 EXISTING STORM SEWER OPEN CHANNEL STORM WATER STORAGE AREA INUNDATION AREA STORAGE AREA VOLUME 4 Ar DISCHARGE IN CFS CITY LIM-ITS MAPLEWOOD DRAINAGE PLAN 13 Attachment 6 4 l y , 1 *EB L- 8 1989 Schilling Environmental Consultants, Inc. 2785 White Bear Avenue, Suite 210 • Maplewood, MN 55109 • (612) 777 -6606 February 25, 1989 Mr, Sam Cave, President Ed Cave & Sons, Inc. 2 301 Woodbridge Street Roseville, Minnesota 55113 RE: Preliminary Plat, CAVES CURRIE ADDITION Dear Mr. Cave: In response to our meeting of February 20, 1989j, I have reviewed the preliminary plat of the CAVES CURRIE ADDITION with respect to wetland impacts /mitigation and stormwater requirements /treatment. The following comments and recommendations are presented as a result of these analyses. WETLANDS MANAGEMENT There are three (3) wetlands on this nine (9) acre residential site.. Outlot A is a 0.5 acre, Type II /III (U.S. Fish & Wildlife Service, Circular 39) wetland. Outlot B is a 1.3 acre, Type II /III wetland along the east side of McKnight Road and southeast of its intersection with. Larpenteur Avenue. There is a small 0.2 acre, Type II/III wetland approximately 150 feet east of the south half of outlot B. It is my understanding that the presently approved preliminary plat is being revised to include additional residential lots which may significantly impact Outlot A. I have discussed the present status of the Outlot A wetland and this proposal with Mr. Tom Petersen, Conservation Manager - Ramsey Soil & Water Conservation District on February 22nd. It was his opinion that this wetland has little value for water quality treatment. Also, from a wetland habitat perspective, its small size and immediate proximity to Larpenteur Avenue lessens its importance. However, Mr. Petersen emphasized that the governing board of RSWCD has a policy of discouraging any wetland elimination, regardless of size. I am in gemeral agreement with Mr. Petersen. In addition, there are apparently no existing or planned stormsewers which enter the Outlot A wetland. Therefore, its value for stormwater treatment is nonexistent, however, it has value as do all wetlands for purposes of groundwater recharge. Outlot A's wetland habitat value has to considered low from the perspective of closeness to a busy street and surrounding existing and planned residential homes. Some filling along Larpenteur Avenue with tree planting would be desirable to provide a buffer against the street. The loss of the 0.2 acre wetland east of Outlot B is unavoidable with the approved preliminary plat layout. The Outlot B wetland was originally meandered with a small area immediately west of McKnight Road. The recent widening and improvements to McKnight Road resulted in an ,additional loss of about 15 % of the Outlot B wetland to its current surface area. Today this wetland is heavily infested with a useless wetland invader called: Purple Loosestrife (Lythrum salicaria, L.) [personal communication: Mr. Cliff Aichinger, Administrator, Ramsey Washington Metro Watershed District]. 14 Attachment 7 A Mr. Cave 890225 page 2 In addition, historical photos appear to indicate a infilling of the wetland's open water area, presumbably from off -site sedimentation sources. Excavation of selected areas of this wetland would likely have benefits. The City of Maplewood comprehensive stormwater management plan requires the storage of 4.0 acre -feet within Outlot B. Planimetric volume determinations based upon the existing two -foot contour map (Preliminary grading and utility plan, Midwest Landsurveyors, 871030) indicate a present storage, at most, of 3.18 acre-feet: CONTOUR ELEVATION AREA yS2�,iME, Al 1019 (assumed 100 yr.) 1.52 acres - - AZ 1018 1.39 " 1.45 acre -feet A3 .1017(approximate) 0.80 " 1.08 " " A4 1016 0.15 " 0.65 " " Total: 3.18 acre -feet Extensive excavation of the Outlot B wetland is proposed for the following reasons: 1. Removal of historic offsite sedimentation. 2. Destruction of purple loosestrife population. 3. Recovery of required stormwater "live storage" (flood) of 4.0 acre -feet. 4. Addition of necessary stormwater "dead storage" for water quality treatment. For recovery of the Maplewood flood storage, it is proposed to excavate the pond to the 1016 elevation (1.25 acres) with 3:1 side slopes to the 1019 elevation. This would result in approximately 1,300 C.Y. of excavated material to be landspread around the proposed residential lots. The proposed stormwater water quality treatment follows U.S.E.P.A. Nationwide Urban Runoff Program criteria for "wet detention" pond design. CONTOUR ELEVATION AREA VOLUME A5 1015.5 0.33 ' acres - - A6 1013.5 0.23 0.56 acre -feet A7 1011.5 0.19 " 0 -42 " " Total: 0.98 acre -feet 'The "dead storage" provided is 115 % of the required target. design and is based upon a contributing drainage area of approximately 10 acres, pervious SCS Curve No. 72 with an impervious fraction of 0.25. The excavation would result in approximately 11600 C.Y. of material to be landspread around the proposed residential lots. Pond side slopes are based upon a 20 foot bench at 10:1 from 1015.5 to 1013.5 with 3:1 from 1013.5 to 1011.5. The permanent pool location is suggested to be located at the south end of Outlot B near the stormsewer inlets and far enough away from the proposed transverse sanitary sewer lateral. Pond design assumes a 20 year design _life for sedimentation. The enclosure is a sketch plan of the proposed improvements. 15. • s Mr. Cave 8 90225 Pale 3 While the implemention of the above suggestions result in obvious wetland impacts, they must be balanced against both the habitat improvements on -site as well water quality protection to downstream water resources. In conclusion, the proposed improvements appear to clearly outweigh the impacts. If you have any questions regarding the above, please do not hesitate to contact me. S ince re l , oel G. Schilling Principal Enclosure cc: Mr. Lawrence Olson, Midwest Landsurveyors, Inc. Mr. Tom Petersen, RSWCD Mr. Jeff Olson, City of Maplewood Mr. Cliff Aichinger, RWMWD ffeln ^ P.Ltrsuant to due call and notice thereofv a regular meeting of the Maplewood City Council was duly called and held in the council /chambers in said City on the day of , 1989 at 7p.m. The -following members were present: The following members were absent*: WHEREAS, Ed Cave and Sons, Inc. applied fora variance for the +oll.owing-described property: Lots 6, 7, and 12, Block 1, Woods and Ponds Addition `WHEREAS, Section 36.72 <a) of the Maplewood Code of Ordinances requires a minimum rear-yard setback equivalent to twenty percent (20%) af the Iot depth (55 feet); WHEREAS, the applicant is proposing a rear-yard setback of 20 feet requiring a variance of 35 feet on Lot 7 and a rear-yard setback of 35 feet lrequiring a variance of 20 feet on Lots 6 and 12. WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on June 17, 1989. 2. This variance was reviewed by the Maplewood Planning Commission on July 17, 1989. The Planning Commission recommended to the City Council that said variance be approved. 3. The Maplewood to consider this Mailed pursuant to law. an opportunity t o b be he also considered reports F'lanning Commission. City Council held a public hearing on variance, Notice thereof was published and All persons present at said hearing were given ard and present written statements. The Council and recommendations of the City staff and ` NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described variance be on the basis of the -following findings of fact: l. Strict enforcement of the provisions of the zoning ordinance would cause undue hardship because of circumstances unique to this property, 2. The granting of this variance will be in keeping with the spirit and intent of the ordinance. Adopted this day of , 19898 Seconded by Ayes-- 17 Attaohmnt 8 h .STATE OF MINNESOTA COUNTY OF RAMSEY a SS4 CITY OF MAPLEWOOD I the unders i gned be i ng the dul y qual i + i ed and appo i nted C1 erk of the City of Maplewood, M n*nesota do hereby cert i+y that I. have care+u-1 I y compared the attached and foregoing ex-tract of minutes of a .regular meeting of the City of Maplewood, held on the dayo+ 1989, with the original on - File in my office, and the same is a +ul I true and complete transcript therefrom insofar as the -same relates to Witness my hand as such Cl erk and the corporate seal of the City this day of 19890 City Cl erg:: City of Map I ewood 0 Planning Commission -6- M i nut es 7-17-89 in All wood, snowmobiles,, portable signs and miscel aneous junk shall be re ved 4 rom the sit prior to the sale of ehicl es. There sh 1 I be no exterior orage of inoperabl vehicles or par s of vehicles anywhere o the property 'n question, except in a proved story e areas. ke As shown on t e attach d site pl an , one hundred percen (100% opaque screening shall be provi ed ac oss t ' he fronts of the storage areas a vi wed f ram White Bear Avenue. The sc e.ing shal I be subject to City staff rev ie and approval Screening around the remal er of the storage area shall be requir d within si>,.,.ty (60) days of the- issuanc of a building permit for the property mmed i tel y to the east of the site and shall e subject to City staff revie and app oval Is If any bu I ding remod ling is to occur, sat isfac ion of all re uirements of the Eau ildin Official and ire Marshals me Submi tal to the City b the applicant evid nce that he has bee granted the I eg I right to use the pa k- ing area on the so th side. of the parking lot if it is to b used f or the body shop r used car ales. 2. Aut orize an 11 stal I reduction i the number of required off-street parking sp es for the b dy shop , subject to reconsiderat on by the ity in the futures Cam i ss i oner Sl etten seconded Ayes--Ax dahl, Barrett, Cardinal Fiol a Fischer , Larson Sigmundik, Sletten C. Preliminary Plat Revision: Woods and Ponds Ken Roberts, Associate Planner, presented the staff report for this requested preliminary plat revision to increase the number of I ots by four to create a total of 19 single-family home sites and a variance P1 ann.ing Commission Minutes 7-17-89 to the zoning code to allow the construction of a single-family dwelling within the required rear-yard setbacke Sam Caveg representing the applicant Ed Cave and Sons , Inc. . said he wool d I i k e to have the Condition 1. c. (3) changed from 4 i+ty-f ive feet to thirty- f i ve f eet f or the m n i mum d i stance between the building pads for Lots 6 and 12,, Block One and the west (rear) property I ines of Lots 5, 10 and 11 Block One. Staff said this requested change in setback would require a variance. Mr. Cave also asked if Condition 1. e. (3) could be required at the time of issuance of a building permit rather than as a condition of approval of the preliminary plat. Staff said this requirement should be a condition - o+ the preliminary plat to ensure that the driveway turnarounds are installed. Mr. Cave asked staff whether this parcel had been considered for commercial d eve lop men tg since there is other commercial development in the areas Secretary Olson said this property was planned for residential development in the comprehensive plans Commissioner Fischer moved the Planning Commission recommend: Approval of Cave's Woods and Ponds Addition prel iminary pl at subject to the +ol I owing conditions being met before final plat approval: an The plat shall be revised as illustrated on the map to include the following: (1) The drainage and utility easement between Lots 6 and 7 and Lots 5 and 8 of Ell ock- One shal I be revised to include access in its description (To allow for its use for the driveways.) b An opinion shat I be submitted by a certified soils expert which describes the soil correction procedure (s) necessary to prepare the areas proposed as building sites for Lots 11 2 and 3 of Block One. These procedures shall be included in the developer-*s agreements Planninci Commission Minutes 7-17-89 C The final grading., drainageg utility and erosion control plans shal I be approved by the City Engineer. These plans shall incl ude,9 but not be I imited to: A proposed building pad elevation and contour information for each home Site, as well as the areas to be disturbed for street constructions Housing styles shall be illustrated which minimize grading on sites that contain trees to be preserved* Deviat I on from this approved grading ion p an may be permitted by the City intent Engineer, provided that the int ent of the overal I grading plan is complied with. (2) The I ocation of the four-inch and larger diameter trees to be saved shall be shown on the grading plan. The location and type of trees to be replanted (Condition e) shall be shown in the grading plans (3) The minimum distance between the building pads for Lots 6 and 121 Block One and the west (rear) property I ines of Lots 59 10 and 11 9 Block Ones shall be dimensioned as thirty-five (35) feet on the grading p an. (4) The minimum distance between the building pad. for Lot 7, Block One and the west (rear) property lines of .Lots 8 and 9 9 BI ock One , shal I be dimensioned at twenty (20) feet on the grading plane (5) In the grading plan, show the location of the driveway for Lot 139 Block Ones including the area for the required turn-around a (6) The grading plan shall maximize preservation of the hill and trees on Lot One , BI ock Two as much as possibl e . Planning Commission Minutes 7-17-89 (7) The use of a temporary rock entrance pad during constructions dw Submittal to the City of a 100-foot- diameter easement for the temporary cu'l- de-sac for the Currie Street right-of -way, en Submittal of a signed developer's agreement to the City Engineer with the required surety for al I publ ic street , pond ing and util ity improvements required for this development. This agreement shall also guarantee: (1) That trees will be planted to comply with Section 9-191 (5) (b) of the environmental protection ordinance. (2) That the prescribed soil correction procedure(s) in Condition b (above) will be followed. (3) Construction of driveway turn-around s .1 for Lots 1 9 21 31 12 and 13, ock One (4) Construction of driveways for Lots 6, 7 and 12, Block One, that comply with the requirements of Section 10.207 of the Uniform Fire Code. (5) Construction of the temporary Currie Street cul -de-sac. + Submittal of a recordable covenant to the Director of Community Development that restricts the driveway access to Lots 6 and 7. Block Oneg to Currie Street. 2a Approval of the resolution for a variance to Section 36-72 (a) of the City code to al I ow the construction of a single-family dwelling and its attachments for Lot 7, Block One, up to 20 feet f rom Lots E3 or 9 and for Lots 6 and 12, BI ock One up to 35 f eet f rom the rear property 1 ine. Planning Commission 10 Minutes 7-17-89 Commissioner Si etten seconded Ayes 4MM-Axdahl,, Barrett, Cardinalj Fiola, Fischer,, Larson, Sigmundikq Sletten Do Code Amendment: Planning Commission Procedures Secretar Olson presented the staff r port. A commissio r ask-ed staff to comment n what decision the City Co Inc il has made on trod if y ng the. size of the Planning Commission. Secr,etar Olson said the City Council as decided not to k any changes in the size of th Planning Commis ion at this times Commi ssioner Ca inal moved t e, Planning Commission recommend approv 1 of the or inance al I owing the Planning Commissi to elec its chairperson and designating a date f or it annual reports 1P Commissioner Sletten se onded Ayes --Ax dahls Barrettq Cardinal Fiol a, Fischer, Larson Sigmundik Sletten Es Rules of Proced e The staff rep t +or the Ru es of Procedure was presented by ecretary Olson The Commission added to the end f the f irst sent ce of Item C 2, "and answer que ions from the C i t Council regarding the decision" added to Item H. 2. "and submitted to the City Copt cil for approval 11 ; an add to the f if th sentenc of Item J. "two points to second choice". Commi ioner Fischer moved the P anning Commission recommend approval of the Planni g Commission's Rules of Procedure as amended. Commissioner Sletten seconded Ayes--Ax dahl.; Barrettq Cardinal,, Fiol a, Fischerl LarSDnq Sigmundik, Sletten Viiis UNFINISHED BUSINESS TO: FROM: SUBJECT: LOCATION: APPLICANT: OWNER: DATE: MEHORANIXJM City Manager Ken Roberts, Associate Planner Conditional Use Permit 2210 White Bear Avenue General Advancement Corporation G & W Properties July 11, 1989 SUMMARY ic, 3 Action by Council: Endorsed... Modif Rejected Date ,INTRODUCTION 1 The app icaht is requesting approval of a conditional use permit to operate a used car sales business. This business would be in addition and supplementary to the auto body - repair shop now in operation. (,See the applicant's statement on page 9).. Used car sales are allowed in a BC, business commercial district with a conditional use permitS 2. A parking reduction authorization for the body shop to allow .10 off-street parking spaces instead of 21 as required by code. BACKGROUND April 9,, '1984: The Maplewood City Council denied a conditional .use permit for the operation of a 29-stall used car sales lot on the site. (See the City Council minutes on page 10.) CRITERIA FOR APPROVAL City code requires satisfaction of ten findings for approval of a conditional use permit. (See the resolution on page 13.) DISCUSSION Conditional use permit The central issue involved in the review of this conditional use permit application is that of the appropriateness of used car sales at this location. New or different land uses or activities that are proposed in an area should be compatible with and complimentary to the existing surrounding land . uses . A survey of the land uses surrounding the site shows a U-Haul rental agency and the Maple Wheel Loung e to the north and a non-conforming single family dwelling and a Fina convenience gas station to the south. The proposed used car sales business, especially with the conditions of the permit, would be compatible with the uses that are currently adjacent to the site. 1 While staff is generally reluctant to recommend used car sales on ,White Bear Avenue, this particular case would be an oppurtunity to improve an existing use. In exchange f or Lip to six used cars for sale in the parking lot,, the City .would get a clean-up of the site, curbing., paving of the gravel drive on the south side of the building, removal of vehicles parked on the grass on the north side and screening of the storage yard. Fark.ing space reduction City Code requires 21 of+-street parking spaces for the auto body shop if it is considered a motor vehicle repair use. This criteria., however, was apparently intended for gas station or mechanical types. of repairs, not body work . . Vehicles in for repair in a body shop usually remain on-site for one or two weeks. Because of this, there is not much in and out traffic generated by this type of use. . The applicant has stated that there has never been more than 5 customers on the site at any one time. If this is true , t,h.a.n 10 parking spaces (5 for employees and the company truck as ..well as 5. for customers) should be enough for this business, .Staff recommends that a 11 space reduction in the number of required off-street parking spaces be authorized for G.A.C. .iwbject to reconsideration when the conditional use permit is reviewed. I+ it is determined that there is not enough off-street parking, the applicant should be required to reduce the number of vehicles being offered for sale or expand the paved parking area. RECOMMENDAT ION 1. Approve the attached resolution approving a conditional use permit for one year for the operation of a used car sales business at 2210 White Bear Avenue, Approval is based on satisfaction of the ten findings required by code, subject to the following conditions: I a a A 1 icense for the sal e of used cars shal I be obtained . b. Exterior security lighting shall be provided around the car sales areas. All security light'ing shall be directed or shielded so as not to cause any undue glare onto adjacent properties or roadways. r_ State approved ref I ectorized stop signs shat I be provided at all exits. d. There shall be no more than six (6) used vehicles for sale on the site at one time. This condition shall be Subject to change when the conditional use permit is reviewed at the time of renewal. .e. External noises shall be unobtrusive on adjacent properties. Noises shall not exceed 50 decibels (normal conversation level) on adjacent properties, 2 + The drive area on the south side of the buil ding, as shown on the attached site p an shal I be surf aced with bituminous and shall have a continuous 6 inch-high concrete curb around the perimeter. Parking shall be allowed on bituminous areas -only. All parking spaces shall be striped to meet City standards t foot -wide stalls designated far employee parking only and 9.5 +oot-wide stal 1 s for publ is and sal es stal I s) The total number of of f -street park ing stal 1 s shat I be subject to the approval of parking reduction authorizations The number of required parking stalls are in addition to those stalls designated for sales. The perimeter of the pari:: i n g areas shal 1 have a continuous 6 inch-high concrete curb which shat I be subject to City staff approval . The storage area behind the building shall be excluded from the requirements contained in this condition. h. All drive aisles shall be maintained to City standards for width and design. No parking shall be permitted in the drive aisles. is All wood,, snowmobiles, portable signs and miscellaneous junk shall be removed from the site prior to the sale of vehicl es. j There shal 1 be no exterior storage of inoperable vehic*l es or parts of vehicles anywhere on the property in question, ex cep t in approved storage areas. k. As shown on the attached site plan, one hundred percent (100%) opaque screening shall be provided across the fronts of the storage areas as viewed from White Bear Avenue. The screening shall be subject to City staff review and approval . Screening around the remainder of the storage area shall be required within sixty (60) days of the issuance of a 'building permit for the property immediately to the east of the site and shall be subject to City staff review and approval. I I+ any building remodel ing is to occur, satisfaction of all requirements of the Building Official and Fire Marshal MI. Submittal to the City by the applicant evidence that he has been granted the legal right to use the parking area on the south side of the parking lot if it is to be used for the body shop or used car sal es . 2. Authorize a 11 stall reduction in the number of required off-street parking spaces for the body shop subject to reconsideration by the City in the future. 3 CITIZEN COMMENTS Staff sent neighborhood surveys to 18 property owners within 350 feet of the proposed site. Of the seven responsesq one had no comment,, one was in favor and five were opposed. IN FAVOR This is a perfectly compatible business for the area. 'OPPOSED I* It wil I add to the noise level . .Staff reply: Through the conditions of the permit, the City can limit outside noises. 20 1 don't want a car bone yard eye sore in the rear area. 'Staff reply: Through the conditions of the permit, the City can requ i re screening and/or the elimination of the storage of junk- vehicle's and/or parts.. 3. It will require additional lighting. Staff reply: Through the conditions of the permit, the City can require that lights be directed on the subject property and shielded from other properties. 4. Too much business is building up around our class AA property which will lower the value. The proposed development of my property would be adversely affected by the presence of a used car lot. The developer's opinion is that my property value would be reduced, Staff reply: This area is zoned and planned for commercial development. The potential impact on nearby property values should be limited through the conditions of the permit. 58 1 feel that this would have a negative effect on efforts to sell my property along with several adjacent parcels of land which -my realtor, Mr. Ray Krull of Land mare Ltd .9 is planning to combine into a neat shopping center at this time. This property mak*es a division into the shopping center (site) plans and would not look real neat., .6. There are enough used car lots now. 7. A used car lot does not f it with the present character and planning design of White Bear Avenue , particularly with the close proximity of 'residential properties . 4 REFERENCE SITE .DESCRIPTION Gross area: 41,247.7 square f eet with 151.48 f eet of frontage on Wh i t Bear Avenue Existing land use: an auto body repair shop SURROUNDING LAND USES North: Mapl e Wheel Lounge E ast undeveloped land planned and zoned for commercial development South single dwelling, non-conforming West: White Bear Avenue and commercial buil-dings PLANNING Land use plan designation: SC, service commercial district Zoning: BC, business commercial 0++-street parking: City Code requires that two (2) spaces be provided for each service stall , one space for each employee and one space for each business vehicle stored an site. The body shop .currently has 8 service stalls, 4 employees and 1 truck used as a business vehicle. It is expected that 2 additional employees could be hired for the used car sales. These then create a total requirement of 23 off - street parking spaces (in addition to the stalls designated for automobile sales). A parking reduction authorization has been requested for the body shop. Attachments 1. Land Use Plan 211, Property Line/Zoning Map 3. Site Plan 4. Applicant's Statement 5. _ 4 -9 -84 City Council Minutes 6. CUP Resolution BGGENERAL 5 LAND USE PLAN 6 Attachment 1 4 N is � • -04 , (I *) 140 o Oe p ,� , •r 16 4' .0 8 7 * #0 6 • , 104. G J14 60 t• � �J 13 Z- - - -- - -• 21 J ' t7 22 1 l ` 4 2 . 389 X0.316 2071-56 OW ' T C 1Ft.LE 313910 0p.6w*J D•• ' P E -J - - - - C 0 its 147,39 -- •------- - - - - -- - 04 D - / (Z3) O t 3 Fl) 1 z PAR � � do . . t 45i4 1 ,fl �� a _ �. - - - vot 11 1 j� . � - -- --y,s _ lh - 26 �e ° ots 0,25 oS ,n �S . / // w Ott 2 O ♦ o2.7) t. N . 1 04 D'4 (lo) , 101 3s• _ _ �_ low o i 171* 1— . e sae , : re Ar 7 LARK . 1`1 04. Bi 04' 'i!' t�0' 1 ;j Ohs wt fn i 1 ,, 1 a 41. !� OZO CD 14 I 14 lie- -4 3149 C {2 }j "� {25i �, C2�� . CB} 1 m Z 7 () ) O 3 O 2 I• r ,2 { -M6) (9) Z MAP LEWH E EL tool 017' �8 •1. 3b G VA LAUR vptc %J Ott 7' D.c 1404s! ♦1 ::::•• - — — _ .• -- S';� 17 O : •�t •• r 40 l :�' �= Z- n o t O O 1 `1 2210 Zo 9 3 1� �.�•, v� '2227 9) t, :::•::.� •. '••• .' a 32) -- v * d as ,� Mr. .••YqCAIE•P • .,� poi. i rat 1 4!l • - - - 4!• t.s 415 5 � M . v o 2200 .o �2 7 A (30) m ,�2 ,J, 1s ,,�� i s •- -- � � RS VA ► —— VAC Doc -• SANDHU 90 lao F 1 •9� off' 504T&S 4.9 �• V p �n GROUP HEALTH } . La Z �q ac. 02o '" ZZ3 2p t Q Q � d l9 ) 2 , 3 40i gp v 3 0 w . Awl- _ - a ) 21 O9° F I z �) �5.5 90 3. rt �a 120 -- •^ _�'� — ewmmmwm� D — C OUN —ROA s 4 PROPERTY LINE / ZONING MAP Attachment 2 7 �-z Ive: P SPAGE� PROPERTY AT 2210 WHITE BEAR AVENUE IN MAPLEWOOD co� 0 /f� � opAQv£ • /oc +++++++++++++ ti r noses v I I// / I I/ I N % % No % % ♦ % ♦ ♦ % ♦ % 0 ♦ % ♦ ♦ ♦ ♦ e e e % I/ % 0 % e % N, N, % % ♦ % % ♦ ♦ ♦ ♦ % ♦ % % % % ♦ ♦ % % % e e e e e e e eoeeee e e e 0 e 4e e e I e e 0 e 0, % % % % ♦ % ♦ %10 % ♦ % % % % ♦ % ♦ % % % % ♦ ♦ % % • % % % dr % % ♦ ♦ 0 % % 60 % % % % % OF # ♦ % % ♦ ♦ .. N, % ` / \ /` /` /` /` /` /` /` % % 4-1 -w of e % 4r le % *0 % dr % dol 60 e e % e % 0 % e % 40 e % e % e % e % 60 % \...... 40p No e % le N, le % e % of % e % N. e % le No -e % e % e % e' No % e % e N. e % If % e No No ol N, e No lee % % e % e % e % e % e % % % % N, N. N. % % % % % % % N. % % N, % % N, % No % % % % No % % % % % I e 0 0 e e ed#,de# le e e 0 e %. % of N, ♦ % % N. % % e % % .. % % % N. % % No % % % % % ♦ % % % % s. N. % % % % % ♦ % % ♦ ♦ % % S. ♦ No % % % % 40 N. e N, No e % 0 % e % .0 % e % 6* % r7 E:!� e % do % 64f % e 0 % e % e % If % e % e e I 0 e e e e I 10010,40eeee e I e-f-e-eee e 400 e e e e e ♦ ♦ % ♦ ♦ % % % % so 0 so --% 1% %op % % ♦ ♦ ♦ --% ♦ % % % ♦ ♦ ♦ % % ♦ % rI./ le op e doof e 64, e e �t ip e Poe" e , e lee *e# e e 0 #0 e 0 \ /` /` / \,` / \,` /`/`, % % % ♦ ♦ ♦ % % %,% % ♦ ♦ S. % % % S. 4e ♦ le# % % ♦ % % % ♦ % % % % ♦ % No % % N, % % ♦ ♦ % % ♦ ♦ ♦ % % % % e e e+ loe, e eeeee 40 % % e N. e N. e N. e N, e % le % e No % N, % % % % % % % % % e olp e le 0�0 % % N, 0 ♦ ♦ 0 ♦ N, % % ♦ e % N. \ % % % % e % % N, le N. % % % % % e % RR:55 10 OF . .. — 1. . ". 11 ---. - .. . . — *-, % le e 60 I.I. /. /.I. pot EXISTNG BUILDING PROPOSED USED CAR LOT SIDEWALK BITUMINOUS (E X 1:5-1 /A/6) O SIGN POLE = 20 FEET fi,E'E/-� -5 -10 c'on/c: �E TF G V 6 pvc/� 9 6-0 75 8 Attachment 3 No.riew building construction is planned. 6. The applicant is currently operating an auto boey repair service business on the 'h a s been growing steadily since its beginning in property in question. This business In large measure to * thE� high rent that is being paid the sales -to -date July 1985, but .due g _ ' ' operate this business in the black . There exists a have not been sufficient to p considerable amount of land to the north and west of the building that is not being used. � The applicant believes this land could be transformed into a used car lot that would not pose a hazard or-disturbance to the neighbors or the general public. The applicant will 9 the sale of used cars and increase its service be able to increase its income through business by the addition i ion of work done on cars purchased for resale that need body work. 9 Attachment 4 a F. PUBLIC HEARINGS fie 70"00 P. M. Conditional Use Permit & Used Car License. 2.210 White gear Avenue a Mayor Greavu convened the .meeting for a public i c hear i n regarding i n the request . p 9 9 9 q of John Tappan for a conditional use permit to operate a used car sales. business at 2210 White Bear Avenue. b. .'Manager Evans presented the staff report. C. Chairman Les Axda h 1 presented the following P 1 ann i ng Commission recommendation: "Commissioner Fischer moved the Planning Commission forward the -following resolution to the City Council WHEREAS, John Tappan initiated a . cond i tona 1 use permit to operate a used car sales business at the following - described property: Smith and Taylors addition to' North St. Paul beginning on the west line of and 2 65/100 feet north of southwest corner of lot 1, thence east 271 4'9/100 feet thence; north to point in centerline -of vacated Laurie Road .272 19/100 feet east from west line of-said lot thence west to west line of said lot thence south to beg i nn.i ng being part of vacated road NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above-described conditional use permit be approved on the basis of the following l l owi n findings -of -fact: PP 9 2 - 4/9 (�'7 10 Attachment 5 10 The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of the zoning code. 2. The establishment and maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of the BC zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to noises, glare, smoke, dust, odor, fumes, water pol- lution, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion., unsafe access or parking needs that would cause undue burden to the area properties. 7. The use would be served by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features .into the development and design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Removal of the wood, inoperable vehicles, snowmobiles and miscelaneous junk from the site 2. Construct a fire-wall separation between the office and show room as required by the building official. 3. There shall be no exterior storage of inoperable vehicles or parts of vehicles. 4. Approval of a used car sales license. Commissioner Whitcomb seconded. Ayes - Axdah 1, Barrett, E l lefson, Fischer, Pel l ish, Robens, Sigmundik, Sletten, Whitcomb." d. Mr. John Tappan, 4046 Salem Street, St. Louis Park, Minnesota, the applicant, spoke on behalf of the proposals e. Mayor Greavu called for .proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mr. Richard Convery, attorney representing George Klein, fee owner of the property g. Mayor closed the public hearing, 11 4/9 h. ' e deny th' Councilmember Bastian moved to request for a conditional use permit to in -Tu—siness at 2210 Whit Bear Avenue based on the f oll-ow- operate a used car sales e TT-ndings: The establishment and maintenance of the use would be detrimental -to the public health, safety o r genera 1 welfare 2. The use sou ld not be compatible with the character of the BC zoning district., 3-o The use would depreciate property values, 4. The use would be hazardous, detrimental or disturbing to present and potential surroundin g-land uses, due to noises, glare, smoke, dust, odor,-fumes, water pollution, water run -off, vibration, general unsightliness, electrical inter- ference or .other nuisances. 5* The use would generate excessive vehicular traffic on local streets and would create traffic congestion, unsafe access .or parking needs that would cause undue burden to the area properties 6e The use would create excessive additional requirements at public cost for public facilities and services; and would be detrimental to the welfare of the City. Seconded by Councilmember Anderson. Ayes Councilmembers Anderson, Bastian and Wasiluk. Nays Mayor Greavu and Councilmember Maida. 12 pursuant to due call and notice thereof a regular meeting of the City COuncil of the City of Maplewood, Minnesota was duly called and held ..in the Council chambers in said City on the day of , 2989 at 7 p.m. The +cillowing members were present: WHEREAS, General Advancement Corp. initiated a conditio�al use per mjt to operate a used car sales bus�ness at the following- described property: ' This property is also known as 2210 White Bear Avenue° Maple od; WHEREAS, the procedural history of this conditional use permit is /asfol]owsx 1. This conditional use permit was reviewed by the Maplewood Planning Commission c`n , 1989. The Planning Commissio- recommended to the City Council that said permit be en 2. The Maplewood City Council held a public hearing on , 1989. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given :Rn opportunity to be heard and present written sta�ements. The Council also cons��ered reports and recommend�tipns of the City staff and lPlanning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAT the above-dpscribed conditional Us permit be approved on the basis of the following findings-of -fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the publ1c health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 13 Attachment 6 ' 5. The use would not be hazardous, detrimental or disturbing to - present and potential surrounding land uses, due to the noises, glare, ,smoke, dust, odor, fumes, water pollutionv water run-off, vibration, general unsiqhtliness, electrical interference or other nuis'ances. ' ` 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area oroperties. 7. The use would be serviced by essential public services, such as streets, police, -ire protection, utilit�es, schools and parks~ Be The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to`the we]fare of the City. 91 The use would preserve and incorporate the site's natural and S- cenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1' Adherence to the site plan, dated June 20, 1989. 2. This permit shall be Subject to review aft e; one year from the d ±e of approval r based on the procec!,ures in City Code. 30 Conditions 1-11 of the staff repo rt dated June 20, 19B9. Adopted this day of Seconded by Ayes-- ��TATE OF MINNESOTA ) ) EOUNTY OF RAMSEY ) SS. ) CITY OF MAPLE WOOD ) I, the undersigned, beinq the duly qualified and appointed Clerk of the City of Maplewoodv Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of an regular meeting of the City of Maplewood, held on the day of , 1989, with the original on file in my office, and the same is a full , true and complete transcript insofar as the same relates to a conditional use permit. Witness my hand as such Clerk and the corporate seal of the City this day of , 1989. City Clerk City of Maplewood 14 PI anning Commission --4- Minutes 7-17-89 she wool d conf rm to any requiremen necessary for state licensing Commissioner Card al moved the Planning Commission recommend adoption + the res ution approving the conditional use perm't for L ..eview Lutheran Church to operate a pre-scho I day care center f or one year Approval is sub c to the f of I owing conditions: 1. The owner/operato ac uiring all necessary -approvals and I Vienses L' from the State of 's Minnesota to 0 rate %th day care facility. 2 . The day care center shat I be maintained and C operated i n such a manner s to not create any L r :) \e nuisances- or nearby proper ies. Commissioner ischer seconded yes--Ax dahl /er ye arrett, C rdinal Fiol as \Fi cherg Larson., Sigmundik Sletten Be Conditional Use Permit: 2210 White Bear Avenue (used car lot) K'en Roberts, Associate P1 anner9 presented the staff report for this requested conditional use permit to operate a used car sales business. William Tate g 14452 No 57th Streetq Stillwaterg the b . usiness owner er, said he and his son manage the auto body repair shop now in operation and they would also be managing the used car business, if approved. A commissioner ast-ced staff if a le+t-hand turng going south on White Bear Avenue, could legally be made to enter this property. The Director of Public Works said a left-hand turn would be legal from the center turn lane. Commissioner Cardinal moved the Planning Commission recommend: Approval of the attached resolution approving a conditional use permit for one year for the operation of a used car sales business at 2210 White Bear Avenuell Approval is based on satisfaction of the ten findings required by code, subject to the following conditions: Pi ann * g Commission , 3. n Minutes 7-17-89 a b. c. A I icense, f or the sal e of used cars shal I be obtained* Exterior security lighting shall be provided around the car sales areas. Al I security lighting shal.1 be d,irected or shielded so as not to cause any undue g are onto adjacent properties or roadways. State approved ref I ectorized stop signs shat 1 be provided at al I ex its . d There shat I be no more than six (6) used vehicles for sale on the site at one time. This condition shall be subject to change when the conditional use permit is reviewed at the time of renewals e E%,,.,.ternal noises shal 1 be unobtrusive on adjacent properties. Noises shat I not exceed 50 decibels (normal conversation level) on adjacent propertiess The drive area on the south side of the building shall be surfaced with bituminous and shall have a continuous six-inch-high concrete curb around the perimeters Parking shall be allowed on bituminous areas only. All parking spaces shall be striped to meet City standards (9-- foot-- wide stalls designated for employee parking only and 9.5-foot-wide stalls for public and * sales stalls) . The total number of off-street parking stalls shall be subject to the approval of park-ing reduction authorization. The number of required parking stalls are in addition to those stalls designated for sales. The perimeter of the park ing areas shall have a continuous six-inch-high concrete curb which shall be subject to City staff approval . The storage area behind the building shall be excluded from the requirements contained in this condition h Al I drive aisl es shat I be maintained to City standards for width and design 0 No park inci shat I be permitted in the drive aisles. Planning Commission -6- Minutes 7-17-89 is All wood, snowmobiles, portable signs and miscellaneous junk shall be removed from the site prior to the sale of vehicles. j There shat I be no exterior storage of inoperable vehicles or parts of vehicles anywhere on the property in questiong except in approved storage areass k As shown on the attached site pl an, one hundred percent (100%) opaque screening shat I be provided across the fronts of the storage areas as viewed from White Bear Avenue. The screening shall be subject to City staff review and approval Screening around the remainder of the storage area shall be required within sixty (60) days of the issuance of a building permit for the property immediately to the east of the site and shal I be subject 'to City staff review and approval* Is If any building remodeling is to occur,; satisfaction of all requirements of the Building Official and Fire Marshal a me Submittal to the City by the applicant .evidence that he has been granted the I egal right to use the parking area on the south side of the parking lot if it is to be used f or the body shop or used car sal es 2s Authorize an 11 stal I reduction in the number, of required off-street parking spaces for the body shop, subject to reconsideration by the City in the futures Commissioner Sletten seconded Ayes--Ax dahl, Barrett, Cardinal Fiola, F i scher 9 Larson Sigmund ik, Sletten C. Prel im inary PI ak Revision r/ Woods and Ponds Ken Roberts, Associ Plannerg presented the staff report for this re s preliminary plat revision to increase the n ber of is by four to create a total of 19 sing e-family ho sites and a variance i f Action by Council: Endorsed MEMORANDUM Mo ai ' fied ReJ°cted TO: City Mana9er Date FROM teen Roberts, Associate Planner SUBJECT: Plan Amendment,, Rey on i ng and Street Vacat ion LOCATION: White Bear Avenue and East Lemont Avenue APPLICANT/OWNER: Gerald Mogren DATE: July 27, 1989 SUMMARY INTRODUCTION 1. The applicant is requesting the following: a. A plan amendment from LSC , limited service commercial to SC, service commercial and a rezoning from F, farm residence to BC, business commercial for the 1.36 acre parcel of land north of 2500 White Bear Avenue. b Vacation of the East Demont Avenue and German Street right-of-ways adjacent to this property, . The applicant is requesting this rezoning to develop this parcel with the same z caning as the property to the north. No specific development plan has been presented to or approved by the City. 2. Staff is proposing: a : Rezoning the property in question and all of the property to the north edge of Ramsey County Ditch 18 to ESC (M) , Commercial District (Modified). This toning would be consistent with Land Use designation for the area. ( See the maps on pages 7, 8 and 9). b. Vacation of the East Demon t Avenue right-of-way between German Street and Ariel Street. c . Vacation of the remainder of the German Street right-of-way between Edgeh i l l Road and Eleventh Avenue. CRITERIA FOR APPROVAL. 1 . PI an amendments requ i re no spec i f i c f i nd i ngs f or approval . Any amendment, however, should be consistent with the City's land use goals and policies. 2,x Zone changes require satisfaction of the four findings of fact required by City Code. (Refer to the findings in the resolution on page 10.) E 30 Street vacation: State law Chapter 412.851 states that "Council may, by resolution, vacate any street it appears in the interest of the public to do so Sole ]DISCUSSION White Bear Avenue serves as a major thoroug,h+are and business corridor for the City. The changes as proposed by the applicant would uld, allow a wide variety of commercial devel.opment., One of the major points raised at the joint session with the City Council and commissions w I as the escalation of commercial uses on White 'Bear Avenue. Gas stations and auto repair have been a particular concern. Another issue that was noted was having compatibility between a property's zoning and its land use designation. As an alternative to the requested BC zoning, it may be most appropriate to zone the property in question and the adjacent property to the north (where the existing Mogren buildings are I ocated) to BC (M) Commerc i al D i str i ct (Mod 1 + i ed) Th i s wool d make the zoning for these properties consistent with their current land use designation of LSC, I imited service commercial (See the maps on pages 7, 8 and 9) . The ESC (M) zoning would .create a transition area between the more intense commercial activities to the north and west and with the land use designations (open space and limited service commercial) to the south and east of the site. The ESC (M) zoning allows a number of commercial activities while prohibiting gas sales, auto repair and .fast-+ood restaurants. Thus many types of commercial development could be built with the BC (M) zoning but it serves to limit some of the potentially more intrusive or intensive types of activities from occurring near more sensitive land uses. This is a particular concern since a specific for the area in question has not been proposed. The ESC (M) zoning Would make the existing landscaping business a nonconforming use. This means that the business could continue as is or be sold, but could not be expanded without a conditional use permit. Mr. Mogren plans to reduce the size of the I andscaping business. RECOMMENDATION Take no action on the requested plan amendment. 2. Approve the resolution on page .10, for the rezoning of the property on the east side of White Bear Avenue from County Ditch 18 to the north property line of 2500 White Bear Avenue, based on the findings required by Code. 3. Approve the street vacation resolutions on pages 12 and 15. Approval is based on the following findings of fact: a. The adjoining property owners have no interest in improving the streets . 2 n b . The adjoining properties have adequate street access. C . These street segments are not needed for area traff i c circulation or emergency vehicle access. 3 Q CITIZEN COMMENTS Staff sent neighborhood surveys to the ten property owners within 350 feet of the proposed development. Of the +ive,surveys returned two were in f avor one had no comment and two were c)pposed In Favor 1 The proposal represents a natural e;evtension of commercial development. 2. The proposal woul d improve the appearance of the area Mr Mogren, also,, has a good track record for neat buildingsw Opposed 1. The applicant should have a specific plan before the street vacation is approved. Staff reply: Properties in the area are adequately accessed from • existing streets. Any development plans would most likely incorporate the additional land from the street right-o+-way in its design. 2. This project will further I imit Maple Ridge Shopping Center access to White Bear Avenue. Staff reply: The development of this property should not directly impact on- street access to Maple Ridge Shopping Centers 3. There is a need .for left turn privileges and a traffic light at the White Bear Avenue curb cut for Maple Ridge Shopping Center. Staff reply: The issue of signal izat ion and left turn privileges should be addressed through a process involving the Public WorE::s Department and Ramsey County.. 4. There is enough retail development in the area. Is there enough demand for this project? Staff reply: The City is not allowed,, through its zoninc.3 c:)rdinances, to limit competition. REFERENCE SITE DESCRIPTION Gross area: 1.76 acres including the East Demont Avenue and German Street right-of-ways Existing land use: undeveloped SURROUNDING LAND USES North: unimproved lot used for the storage of dirt and rocks for the landscape business East: Ramsey County Open Space South: a single family home zoned F. farm residence, but planned for LSC, limited service commercial West: White Bear Avenue and Maple Ridge Shopping Center PLANNING Comprehensive p an: DEFINITIONS LIMITED SERVICE COMMERCIAL (LSC) . The I imited service commercial center classification refers to commercial facilities on a neighborhood scale. Heavy industrial uses, department stores, motels, auto accessory stores, etc., would be prohibited. Other land uses of a medium intensity nature, such as gas sales with no vehicle repair or maintenance and with no more than two pumps on a single island to serve up to four vehicles at one time, may be permitted subject to meeting certain performance standards as defined in the zoning code. (p s18-31) SERVICE COMMERCIAL CENTERS (SC) This commercial classification is oriented to facilities which are local or community-wide scales While a full range of commercial uses is permitted in this district, certain types of facilities which may be of high-intensity natureq such as fast food restaurants, discount sales outlets, gas stations, and light industrial uses, should be permitted subject to specific performance guidelines. The objective of establishing this district is to provide for a wide variety of commercial uses, compatible with the character and development of the neighborhoods in which they are located. (p.18 -31) 5 f GOALS AND OBJECTIVES 4000 Ensure efficient utilization and conservation of I and on both an individual site as well as a community basis. (p.18-3.) Minimize conflicts between various planned land uses,, as.well as required public services to serve such planned land usess (P.18-3) 6� Transitions between distinctly differing types of land uses steal I be accomplished i I n an orderly fashion which does not create A negative (economic.;'Socialg or physical) impact on adio'3, ning developments. (p.18-5) SERVICE COMMERCIAL CENTERS . (SC ) The City should -'guide development and improvement of these centers by: 0 0 'Planning varieties of service commercial centers to discourage strip commercial and encourage activities in clusters of centers with a sense of center identity and characters (p.18-17) LIMITED SERVICE CENTERS (LSC) Limited Service Centers are defined as those providing specialized commercial services on .a neighborhood scaleg limited as to quantity, location or function, and planned in a quality environments (p.18-17) The community must restrict these centers because of the effect on surrounding propertiesq yet provide convenience to the citizens with high standards of safety, amenities and aestheticss (ps18-17) ,Attachments 1. Existing Hazelwood Neighborhood Land Use Plan 2. Property Line/Zoning Map 3. Property Line /Zoning Map (Staff Proposal) 4. Rezoning Resolution (staff's proposal) 58 Street Vacation Resolution (applicant's proposal) 6. Street Vacation Resolution (staff's proposal) BGMDGREN 6 f ' f Ina k tolls 1 • 1 � f onalor collsctor44 .1 dp �. �-- , - • BW Blow b fill Oki L� --- �* I 1• I' ' { l 1 TiVor Cold. C . •-J~ -LSC BW �- liter Geller-ter �....�..� f :OS major cotta - C u W 0 V C bb r V 0 E • s i 0 • Interchange r malor ���• .�.asasL collector 16 .� _. Lo 0 /1E Minot- •rlai L8C w I q �... M •• I'► MEMO -w— J. �- w-0S Ec � c rA' r =s AL • R L ao c LSC. In r ha go •; HAZELWOOD 4 NEIGHBORHOOD LAND USE PLAN N EXISTING ' Attachment , REVISED • • d.:ZS -ds. 9-29-87 _ 4 4 -o d -d 5 • -21 -d8 0 -28 -85 10 -27 -88 10 -oo -ea 10 -10 -dd Interchange 12 -d0 -dd Vadnals Molghts ; �.� LZ • BV C u W 0 V C bb r V 0 E • s i 0 • Interchange r malor ���• .�.asasL collector 16 .� _. Lo 0 /1E Minot- •rlai L8C w I q �... M •• I'► MEMO -w— J. �- w-0S Ec � c rA' r =s AL • R L ao c LSC. In r ha go •; HAZELWOOD 4 NEIGHBORHOOD LAND USE PLAN N EXISTING ' Attachment , �,•SOsJ �- 4./ �• ice) _. OIL � C � �6 17 I t9 20 21 22 23 24 25 26 Z7 �6 � 0 �. EDGEHILL ROAD Ram Sey �OU�t 1s 14 13 12 �� 10 9 e 7 s '° z 1 - •� • . •r y Ditch 7g �I _ • (33) L t7 12580 �° �! 30 16 17 16 19 2021 s 25 6 27 1'! 29 O s . 20 2 3 24 $ 6 7� . CJ AVE. .. •• - • • ' vF^ 1.r �� i �� i. O •t ? s 9 Jw • j Y. ' 1 r -- om- --T► �V `.f We- r% - Q Q� �• ' 15 14 13 12 11 10 9 D 7 S T2.v s.cc •.. • Q � 0 16 17 19 19 20 21 22 2' :52627 2 9 29 3 0 'i; Q' JL ivy r 1.3v.... - ita. l s S's8� to �� � i • roo t.d3� • �f requested rezoning �b � - • J •sly''• _ _ - .► ,40rc, L � . • ` O C� y . So .�.. �8) �3"_ 2500 �a - t- ��a.�41.01 . r WE W= (2Z) 1 ` 4.76 �v. •' . a 1. 2480 3� t ■sue ■ ■s Now ELEVENTH DOC 13 AV Ec ZZ - • I 1 1. ov t 41 ,:1..• , por 1 1 Vb 9•,S S a,,,L' . .70 �. �ff� ° 3s �21) l� TO" 4 .7 9 ••• s o : I t .79.x.. 1 . I.• .e0 �, i14� C3S 'J1� r J' .490 f7o ' 45 ow IV& N S jaj -eta k e •eae►�� '+ - ' - AV E ti I fMERVAIS `■■ X W"I iwiiiiss _- PROPERTY LINE ! ZONI G MAP Applicant Proposed Street Vacation: Staff Proposed Street Vacation: Y1Ld 8 Attachment 2 U N E vw t•c.s J •' 19 '12 7 : #_ . ti , f3C e EDGE_ H W1 40V •1 d i i S 4 3 t 4 13 12 11 a � I t•r � •ii 4.� Q r I35� 994' HAV t s44•�, 1 ( :�) •� W 116 17 to 19 12- •► 20 2t 32 2 627282930 , 2 �• �. 15 14 13 iZ 11 LP or* ZZ w •• . r �,,; •� �3 6 J ♦ r 12.93 S a mos t .. In oil 4 1 (9 s=° t - -�e ;4) 44 f ,y 1 �'■ ti 4 3 1 ! I. to \414Qz I. I r ,jS �� K' �• �r• iN L - - •' I ■ ~- ' S ■ st ■ ■ ■ ■ ■ ■■ ■� ELEVENTH _ � � fie•. r� )� 7 t � ■ r 1'. Bros M g G s t � � 9.55 o•G• r .�o... 03 (1 } 11 3�0 . r « _ .79 b i .7 9 w Ovo ~ I at! 1 � so "01. • 14) -o / _.. 1 1 �jsJ .t r CISi �35 T*Z .4 . S oc .41.... • r .41 w 4O J �1 tr l �`8� •� 1191 Z 3 S 4 00 . D � o R VA ! S - - - — - PROPERTY LINE / ZONING MAP (Staff Proposal) 9 Attachment 3 4 N �Pursuant to due call an I d not i ce thereof 49 a regul ar meet i ng Of the City Council of the City of Maplewoodq Minnesota was duly called and said City on the day Of held in the council chambers in 1989 at 7 p.m. The following members were present: The following members were absent: WHEREAS, the City Of Maplewood initiated a rezoning from F and BC 'to BC(M) for the f.ollowing-described property: .Subject to White Bear Avenue, 12th Avenue and German Street and S. 495 feet part of N.W. 1/4 of S.E. 1/4 of N.W. 1/4 past of the center line of White Bear Avenue in Sec. 11, TN 299 RN • 22,, inclu I ding the street right-of-way Of White Bear Avenue and East Lemont Avenue, all of blocks 6 and 71 Maplewood Addition, the vacated right -of -way Of Connor Avenue between :German and White Bear Avenueq and parcel 11-29-22-21-0021 all • 2n the N.E. 1/4 of the N.E. 1/4 of Section 11 q TN 29, RN 22 WHEREAS.j the procedural history of this rezoning is as - follows: This re-Z-oning was initiated by the City of Maplewood, �pur suant to Chapter 369 Article VII 04 the Maplewood Code of Ordinances* 2,w This rezoning was reviewed by the Maplewood Planning Commission on 9 198 . The PI anning Commission recommended to the City Council that said rezoning be • 3. The Maplewood City Council held a public hearing on 1 198 to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons P resent at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and F'1 arming Commission. N . OW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that sis of the the above-described rezoning be on the ba following findings of fact: 1* The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2e The proposed change will not substantially injure or detract from the use of neighboring property or from the character of 10 Attachment 4 W r the neighborhood.,. and. that the use of the property ad,* scent to the area inci uded. in the proposed change or plan is adequatel y safeguarded . 3. The proposed osed change wi 1 1 serve the best 'interests and conveniences of the community, where appl icabl a and the pub 1 i c, we l f are 4. The proposed change would have no negative effect upon the 1 o 9 ical of f is ient , and economical extension of pub ic. � services and f ac i l i t i es , such as pub 1 i.c water , sewers , p o l ice and fire protection and schools. Adopted this day of , 19890 Seconded by Ayes- STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS CITY OF MAPLEWOOD I the undersigned, being the duly qualified and appointed C1 erE of t he i City of Maplewood Minnesota, do hereby certify that I have fUl l y compared-the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood held on the day of 1989 with the original on file in my off ice, and the same is a f u l 1 true and com 1 ete transcript theref rom insof ar as , P the same relates to this rezoning Witness qty hand as such Clerk and the corporate seal of the City this day of. , 19895 City Clerk City of Maplewood 11 ti PLtrsuant to due cal I and notice thereo-Fv a regular meeting of the C ty Council of the City of Maplewoodl Minnesota was duly called and 1. 1 0 said City on the day of hel d in the council chambers in .198 at 7 p .m The -following members were present: The following members were absent: WHEREAS, Gerald Mogren initiated proceedings to vacate the publ is interest in the +ollowing-described property: The East Demont Avenue right-of-way between the easterly right-o+-waY line of White Bear Avenue and the westerly right-of -way I ine, of German Street; and the German Street rig ht -of -way south of the south 1 ine of the .following described property: Part E of CL of White Bear Ave of Fol Ex N 5 ft; t he S 4 in acres of W 1/2 of NE 1/4 of NW 1/4 ( Sub j to RDS & ESMTS) Sec ill TN 29, RN 22 to a 30-foot easterly extension of the south I ine of the f of I owing described property: Sub to White Bear Ave 12th Ave and German St and EX S 495 Ft part of NW 1/4 of SE 1/4 of NW 1/4 E of CL of White Bear Ave in Sec 119 TN 299 RN 22 WHEREAS. the 4ol lowing adjacent properties are affected: Part E, of CL of White Bear Ave of Fol Ex N 5 ft; the S 4 acres of W 1/2 of NE 1/4 of NW 1/4 (Subi t . o RDS & ESMTS) i n Sec 119 TN 299 RN 22 SUb to White Bear part of NW 1/4 of in Sec ill TN 299 Sub to Bth St and 96/100 -ft of NE 1 22 Ave 12th Ave and German St and Ex S 495 ft SE 1/4 of NW 1/4 E of CL of White Bear Ave RN 22 Ex S 62 98/100 +t of E 311 -ft the N 215 /4o+ SE 1/4o+ NW 1/4of Sec 11, TN299FAN WHEREAS, the procedural history of this vacation is as follows: i's A majority of the owners of property abutting said have signed a petition for this vacation; 12 Attachment 5 2s, This vacation was reviewed by the Planning Commission on 1989. The Planning Commission recommended to the City Council that this vacation be 39 The City Council held a public hearing on , 1989 to consider this vacations Notice thereof was published ished and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and P resent written statements . The council also considered reports and recommendations of the City staff and F'l anning Commission. WHEREAS u P on vecat i on of the above-described street right -of - wa s , public interest in the property wil 1 accrue to the -following- described described abutting properties: Sub' to White Bear Ave 12th Ave and German St and Ex S 495 ft part of NW 1/4 of SE 1/4 of NW 1/4 E of CL of White Bear Ave i n .Sec 11, TN 29, FAN 2.2 NOW THEREFORE BE IT RESOLVED by the Maplewood City Council that s �n the public it i interest to grant the above-described vacation on the basis of the following findings of fact: 19 The adjoining property owners have no interest in improving the streets. 2a The adjoining properties have adequate street access 3a These street segments are not needed for area traffic circulation or emergency vehicle access* Adopted this day of , 198 Seconded by Ayes- - STATE OF MINNESOTA COUNTY OF RAMSEY 3 ss . CITY OF MAPLEWOOD � I, the unders i gned ' being the duly qualified and appointed Clerk of the City of Maplewood, Minnesota, do hereby certify that I have carefully com p ared the attached and foregoing extract of. minutes of a regular meeting y of the City t of Map 1 ewood , held on the ` day of 1989 with the original on file in my off ice and the Same is a f � �1 1 true and l ete transcript theref rom insof ar as the , com P Same relates to vacation of East Lemont Avenue and German Street. 13 4 Witness m y hand as such Clerk and the corporate seal of the City this day of 9 1989. City Clerk City of Maplewood, Minnesota 14 Pursuant to due call and notice thereof a regular meeting of the Cit y Council of the City of Maplewood, Minnesota was called and hel d in the council chambers in said City on the day of ,1.198 at 7 p.m. The following members were present: The following members were absent: I WHEREAS, the City of Maplewood initiated proceedings- to vacate the .public interest In the -following-described property: The German Street right-of-way between a 60-foot westerly extension of the north line of Lot 159 Block 59 Maplewood Addition,q North St. Paul to a 30 -foot westerly extension of a I ine parcel I el to and 30 feet south of the south, I ine of Lot 16 Block- 89 Maplewood Additiong North Ste Paul; and the German Street right-o+-way between a 30 -foot easterly e)- ,te n s ion of the south line of the following described property: SUB-3 TO WHITE BEAR AVE 12TH AVE AND GERMAN ST AND EX S 495 FT PART OF NW 1/4 OF SE 1/4 OF NW 1/4 E OF CL OF WHITE BEAR AVE IN SEC 119 TN 29, RN 22 and a 30-+oot. easterly extension of the south line of the following described property: THE E 199.93 FT OF N 180 FT OF S 345 FT OF NW 1/4 OF SE 1/4 OF NW 1/4 (SUBJ TO RD & ESMTS) IN SEC 119 TN 299 RN 22 and the East Lemont Avenue right-of-way between a 30-foot southerly extension of the west line of Lot 16,, Block 8,9 Maplewood Add ition , North St. Paul and the westerly right-o+-way line of Ariel Street WHEREAS, the -following adjacent properties are affected: SUBJECT TO PONDING ESMT IN DOC NO 2062039 & 4Q; THE FOL; PART OF LOTS 1 THRU 9 BLK 6 LYING NLY OF FOL DESC L; BEG ON EL OF & 60 FT S OF NE CDR OF LOT I TH NWLY TO PT ON WL OF 33 FT S OF NW CDR OF LOT 4 TH NWLY TO & TERM AT PT ON NL OF & 13e10 FT W OF NE CDR OF LOT 99 BLK 6 SUB TO AVE & ESMTS; VAC AVE & ALLEY ACCR & FOL; PART OF LOTS I TH RU 11 ELK 6 PEG AT PT ONEL& 60 FT S OF NE COR OF LOT 1 TH NWLY TO PT ON W L & 33 FT S OF NW CDR OF LOT 4 TH NWLY TO PT ONNL& 13a1 FTWOF NE CDR OF LOT 9 THWTONW COP OF LOT I I TH S ON WL 61 o09 FT TH SELY TO PT ON WL & 114.45 FT S OF NW CDR OF LOT 4 TH SELY TO PT ON SL OF & 30 FT W OF SE COP OF LOT I THE TDSECOR OF LOT 1 THNTOEEG INBLK6 15 Attachment 6 SUB TO AVE & ESMTS; VAC AVE &, ALLEY ACCS & FOL. ; PART E OF CL a OF WHITE BEAR AVE OF FOL ; N 5 FT OF S 4 ACRES DF W 1/2 OF NE 1/4 OF NW 1/4 OF S I I T 29 R 22 &. IN SEA MAPLEWOOD ADD PART OF LOTS 1 THRU 11 BLK 6 LYING S OF FOL UESC . L; EEG ON WL & 61s09 FT S OF NW COS OF LOT 11 TH . SE TO P'T ON WL & 114.45 FT S OF NW CDR OF LOT 4 TH SE TO & TERM AT PT ON SL & 30 FT W OF SE CDR OF LOT 1 & LOTS 19 THRU 30 BLK 6 & ALL OF BLK 7 VAC ALLEY AE1J LOTS 1 , 2, 39 28, 29 AND 30 AND ALL OF LOTS 1 THRU LOT 30 BLK VAC ALLEY ADJ LOTS 1 , 2, 39 28, 29 AND 30 AND ALL OF LOTS 1 THRU LOT 30 BLK-13 ALL IN MAPLEWOOU ADDITION, NORTH ST . PAUL,, AND PART E OF CL OF WHITE BEAR AVE OF FOL ; EX N 5 FT; THE S 4 ACRES OF W 1/2 OF NE 1/4 OF NW 1/4 ( SUBJ TO RDS & ESMTS) IN SEC 1 l TN 29 RN 22. SUES TO WHITE BEAR AVE AND GERMAN ST THE N 150 FT OF S 495 FT OF FART OF NW 1/4 OF SE 1/4 OF NW 1/4 E OF CL OF SD AVE IN SEC 11 TN 29 RN 22 SUBJ TO ST OVER E 33 FT THE S 62 98/100 FT OF N ' 278 94 / 1 00 FT OF NE 1/4 OF SE 1/4 OF NW 1/4 OF SEC 11 TN 29 RN 22 EX N 278.94 FT; THE NE 1/4 OF SE 1/4 OF NW 1/4 ( SUBJ TO SUS) IN SEC 11 TN 29 RN 22 SUE{ TO 8TH ST AND EX S 62 98/ 100 FT OF E 311 FT THE N 215 98/100 FT OF NE 1/4 OF SE 1/4 OF NW 1/4 OF SEC 11 TN 29 RN 22 WHEREAS, the procedural history of this vacation is as follows: is A majority of the owners of property abutting said � y have signed a petition for this vacation; 2s This vacation was reviewed by the Planning Commission on 1989s The Planning Commission recommended to the City Council that this vacation be 3, The City Council held a pub t i c hearing on 9 1989 to consider this vacations Notice thereof was published ished and mailed pursuant to 1 aw. Al 1 persons present at this hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the City staff and Planning Commissions WHEREAS,, upon vacation of the above-described public ant n interest i the property erty w i l l accrue to the f of 1 ow i ng- described abutting properties: we SU►J TO POND ING ESMT IN DOC NO 2062039 & 40; THE FOL; PART OF LOTS I THRU 9BLK 6 LYI NG NLY OF FOL DESC L; BEG ON EL OF &#. 60 FT S OF NE CDR OF LOT I TH NWLY TO PT ON WL OF & 33 FT S OF NW CDR OF LOT 4 TH NWLY TO & TERM AT PT ON NL OF 13.10 FT W OF NE CDR OF LOT 9BLK 6 SUB TO AVE & ESMTS; VAC AVE & ALLEY ACCR & FOL; PART OF LOTS I THRU 11 BLK6 BEGAT PT ON EL & 60FT S.OFNECOROF LOT I TH NWLY TO PT ON W L & 33 FT S OF NW CDR OF LOT 4 TH NWLY TO PT ON NL& 13o1 FT W OF NE COR OF LOT 9TH WTONWCOR OF LOT 11 TH S ON WL 61e09 FT TH SELY TO PT ON WL & 114.45 FT S OF NW CDR OF LOT 4 TH SELY TO PT ON SL OF & 30 FT W OF SE COR OF LOT I TH E TO SE CDR OF LOT I TH N TO BEG IN ►Li-.*%* 6 SUB TO AVE & ESMTS; VAC AVE & ALLEY ACCR & FOL; FART .E OF CL OF WHITE BEAR AVE OF FOL; N 5 FT OF S 4 ACRES OF W 1/2 OF NE 1/ 4 OF NW 1/ 4 OF S 11 T 29 R 22 & I N SD MAPLEWOOD Are PART OF LOTS 1 THRU 11 BLK 6 LYING S OF FOL DESC L; BEG ON WL &-. 61.09. FT S OF NW COR OF LOT 11 TH SE TO PT ON WL & 114e45 FT S OF NW CDR OF LOT 4 TH SE TO & TERM AT PT ON SL & 30 FT W OF SE COR OF LOT I & LOTS 19 THRU 30 BLK 6 & ALL OF BLK% 7 VAC ALLEY AD-3 LOTS 1 2 39 . 28 9 29 AND 30 AND ALL OF LOTS 1 THRU LOT 30 BLK 5 VAC ALLEY ADJ LOTS 1 2 3 28 29 AND 30 AND ALL OF LOTS I THRU LOT 30 BLi:' 8 ALL IN MAPLEWOOD ADDITION, NORTH STe PAUL-9 AND SUB TO WHITE BEAR AVE AND GERMAN ST THE N 150 FT OF S 495 FT OF PART OF NW 1/4 OF SE 1/4 OF NW 1/4 E OF CL OF SD AVE IN SEC 11 TN 29 RN 22 THE E 199993 FT OF N 180 FT OF S 345 FT OF NW 1/4 OF SE 1/4 OF NW 1/4 (SUB-3 TO RD & ESMTS.) IN SEC 11 TN 29 RN 22 NOW, THEREFORE9 BE IT RESOLVED by the Maplewood City Council that is in the public interest to grant the above-described vacation on the . basis of the following findings of fact: is The City has no I plans for constructing the streets. 29 The adjoining properties have adeqUate street accesse 39 These street segments are not needed for area traffic circulation or emergency vehicle access@ so 17 • , 1. . Adopted this day of 969 Ayes- - Seconded by STATE OF MINNESOTA COUNTY OF RAMSEY � SS ID �DLI � `.CITY of MAPLEWOOD 1 i f i ed and appointed Cl erg:: i the Ltnders . � fined , being the duly qua I have ' Minnesota , do hereby certify that -of the City of Maplewood , extract of minutes of a f��l l compared the attached and foregoing day of care y • f the City t of Maplewood , held on the regular meeting o y on file i n my office and the 9 198 with the original m insofar as 'the same � s a f u1 1 , true and comp l. ete transcript therefrom I ame relates to vacation of .• corporate seal of the City i tness m hand as such Cl erk and the co p • W Y , 1989. this. day of City Clerk- City of Maplewood , Minnesota 18 r w Total Landscaping Service 2582 White Bear Avenue, St. Paul, Minnesota 55109 (612) 777 -2734 14 N- 0.4,7 0 /t,4 c fJP A-00- :7 'at-'rl Af MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 EAST COUNTY ROAD B9 MAPLEWOOD , MINNESOTA JULY 17, 1989 I. CALL TO ORDER Chairman Ax dah l called the meeting to or r at 7:30 p . m . He MOLL. ALL Comm i ss ' on er Lester Ax d ah 1 esen t Comm i ss i n er Michael Ayers Ab sen t Comm i s s i o er Richard Barrett Present Commission r Robert Cardinal Present Comm i ss i one Sue F i of a Present Commissioner orra i n e Fischer Present Commissioner nn i s Larson Present Commissioner Ma vin S i g mun d i •: Present Commissioner Foal h Sl. eaten Present III . APPROVAL OF MINUTE A. June 19, 1989 Commissioner F i h r moved the Planning Commission approve the m i rtes of June 19, 1989, as submitted Commissioner and inal econded Ayes - -Ax Bahl , Barrett, Cardinal , Fiol a, F i sc h er , Larson , Sigmund ik Abstentions— Sl etten IVs APPROVAL AGENDA Commissi ner Fischer moved the Planning Commission approve the agenda as submitted. Comm i i ones Sig mend i k seconded Ay - -Ax dah l , ' Barr t t , Cardi al , Fiol a, F i scher , Larson , Sigmundik , Sletten V. PUBLIC HEARINGS A , Plan Amend men t , Rezoning and Street Vacation: White Bear Avenue (Mogren) 4 IJ6 Planning Commission Minutes 7-17-89 Secretary Olson presented the published hearing notices Associate Planner Ken Roberts presented the staff reports A commissioner asked for. clarification of the property zoning of this property with a non-conforming use. Secretary .01son said the exterior storage of materials is a prohibited, use for any -expansion area and would require conditional use permits Chairman Ax.,dahl asked f or comments f rom the pub .1 ic Jerry Mogreng 2855 Frederick Street q. Map lewoodq owner of the propertyq said he thought this property should be developed as one siteg rather than spI itt ing the property into smal I parcels, to be sold*. Mr. Mogren . said he thought the property should be zoned ESC since the property across the street was z oned BC but he d i d. not k now at th i s time exactly how he would develop this property* Mrs. Fernowq 2500 White Bear Avenueq Maplewood.; said that the dental office was not supposed to be built above grade due to water runoff probl ems 9 but it was built above grade entirely up to the street. Mrs. Fernow said the runoff from the dental office collects on her property and that she is concerned that if this situation reoccurs with the development of Mr. Mogren's property, she will have additional runoff probl ems. Since there were no further comments, Chairman Axdahl cl osed the publ is hearing Commissioner Larson moved the Planning Commission recommend: I a Take no action on the requested plan amendments 2e Approve the street vacation resolutionse Approval is based on the following findings of f act: a The adjoining property owners have no interest in improving the streets* be The adjoining properties have adequate street access. ce These street segments are not needed for PIanning Commission -3- M i nutes 7-17-89 area traffic circulation or emergency vehicle accesso Commissioner Cardinal seconded Ayesllm-Axdahl Barrett, Cardinal Fiola, Fischer,, Larsonp Sigmundik, Sletten Commissioner Cardinal moved the Planning Commission recommend approval of the resolution for the rezoning of the property to 8C(M) on the east side of White Bear Avenue f rom County Ditch IS to the n 0 orth property I ine of 2500 White Bear Avenue, based on the -Findings required by-codes Motion died for lack of a seconds Commissioner Fischer moved the Planning Commission recommend approval of the rezoning of the parcel of land north of 2500 1 White Bear Avenue from F9 farm residential to. BC(K) business commercial modified. Commissioner Axdahl seconded Ayes --Ax dahl 9 Fischer Nays--Barrett, Cardinal Fiol a Larson . Sigmundik Sl etten No specific reason was given for the nay votes. VI. VISITO%PRESENTATIONS Ville NEW BUST SS A Condit *onal Use P rmit: 1194 Co Rd C (Lak ev i ew Luthera Church) Ken Robert sociate Planner, presented the staf f report for is requested conditional use permit to operate a p -school child care center in.the education u i l i n g of the church lb M arg i e nter,, 2 0 Taylor Avenuel White Bear Lak-e, said s has appli d for the necessary state I icen s and she wo d I i k e to open the child care cent around the mi le of August. Ms. Munter said ^TOV� �FRunx .SUBJECT: |LOCATION: APPLICANT: OW,°`,^~ PROJECT: DATE : .I NTRODUCT I ON MEMORANDLJM City Manager Ken Roberts, Associate Planner Preliminary Plat Hillwood Drive, East of McKnight Road He*nno*n Development Company Robert Hennen Hillwood Oaks Number Two .July 31, 1989 SUMMARY Action by Council:i Endorse Modif Jied__~____~ Rejeotod_~_-_____ Date The applicant is requesting the approval of a preliminary plat for the previousl y approved second phase of the South Oaks Second 'Addition. The development is now proposed to be called Hillwood Oaks Number Two. The property in question is along Hillwood Drive east o f M Kni ht Road and sou th o f the S ou th Oaks Fi rs t Addition. . ` It is proposed to have 11 single family lots, one outlot and a storm water holding pond when completed. Out1ot A would be v�eeded to the City. The City could then deed it to the property ~ owner to the «south for better frontage. Lot 1v block 2 of the ;fillwood Oaks No 1 | lat would be included to form lots 5 and 6. ..o+ Hil'lwood Oaks No. 2 plate BACKGROUND March 23, 1987: The City Council approved the final plat for the South Oaks Second Addition. (See the plat on page 9.) November 23, 1987: The City Council approved minor corrections to the approved South Oaks Second Addition. March 14, 1988: The City Council approved a preliminary plat, street vacation and a rezoning for Hillwood Oaks Number One addition Subject to a number of conditions. March 27, 1989: The City Council approved a time extension and n~evi^sions to the conditions of approval for the Hillwood Oaks Number One preliminary plat. 13ISCUISSION There are three issues with this plat: tree preservation, grading/erosion control and future sidewalks. Tree Preservat i on An important consideration with the development of this site is 1 ��' *ati.on of its natural features. The property is heavily wooded and has a storm water pond proposed for the southwest xcorwer� To maximize the number of trees to be saved on the site, the applicant has noted on the plat plans that all trees outside ,of the grading limits are to be sawed. Some preliminary site grad4ng has occurred in the area of the street and the storm water po.nd,,, If the areas for grading are carefully limited to the mmln.imum needed for the completion of the development, then the u����irl site d�rmf the site be left undisturbed until homes are ' 'constructed on the lots. Attention to site planning when the houses are designed will also help to preserve as many trees as »reasonably possible. Gr%adin!j Erosion Control A revised grading plan will be required that shows the location and grades of the housepads on their respective lots prior to -Final 'plat approval . In relation to the grading for the project, the Ramsey Soil and Water Conservation District notes that soil erosion and sedimentation will be a problem on the site unless proper precautions are taken. It has been recommended by the Conservation District that rock entrance pads, silt fences, and seed.aancj mulch be used to control the potential problems. The Ramsey-Washington Watershed District suggests that the erosion control plan include a protected overflow swale leading from McKnight Road to the north corner of the pond. One of the revised conditions for Hillwood Oaks First Addition was av reguirement for a cash escrow for the construction of a Five- -Foot-wide sidewalk along the north side of Hillwood Drive as it is designated a* collector street. The sidewalk construction is contingent upon the City Council 's decision regarding the revised sidewalk plan in the Maplewood Comprehensive Plan. A similar cash escrow requirement should be imposed for this plat so that if the sidewalk plan is adopted, a continuous sidewalk could be constructed +rom 1McKnight Road on the west to Vista Hills Park on the east~ RECOMMENDATION Approve ' the preliminary plat for Hillwood Oaks Number Two (plans stamped May 51 1989) subject to the following conditions being met be-fore -final plat approval: The plat shall be revised as illustrated on the map on page 10 so that the lot line between Lots 2 and 3, Block One shall be moved ea11ghtly to the east so that the rear corner of the lots matches the rear corner of Lots 5 and '6, Block One, South Oaks Second Addition" 2. r]utlot A shall be deeded to the City if the owner to the south agrees to accept the land. If not outlot A shall 2 be combined with lot 5. block 2. Prior to any further grading on the site, the final grading, drainage, utility, erosion control v and ` street plans shall be approved by the City Engineer. ' These :plans shall include, but not be limited tn»V ,(e) A proposed building pad elevation and contour information for each home site, as well as the areas to be disturbed for the construction of the streets and the storm water pond. Housing styles shall be illustrated- which minimize grading on sites that have trees to be preserved. Deviation from this approved grading plan may be permitted by the City Engineer, provided that the intent of the overall 'grading plan is� complied with~ (b) EaLh tree to be saved shell be shown on the grading p l an. ^These trees shall al so be identified on the site . (c) The use of rock entrance pads, silt fences and seed and mulch during construction to control soil erosion and sedimentation. (d) The erosion control plan shall include a protected overflow swale leading from McKnight Road to the north corner of the pond. (e) Submittal to the City Engineer of s signed developer's agreement with the required surety for the above items. -�. Approval of a tree removal and planting plan by the Director of Community Development before grading or construction begins, or final plat approval is given. This plan must illustrate the trees that are to be removed, those that are to be retained and those that are to be replanted. 5~ Submittal to the City Engineer of a signed developer's agreement with the required surety. This agreement s-hall address, but not be limited to: (a) Construction of al public improvements, ponding, erosion control and tree planting required for this development, (b) Removal of the temporary cul-de-sac for Hillwood Drive, construction of ax permanent Hillxood Drive street section (curb, gutter, etc.) and restoration of the temporary cul-de-sac area Outside of the permanent street section to an 3 acceptab l e grade with a grass surface c) The replanting of trees so that there are at least 10 trees on each acre (2-inch minimum diameter for new or 4 -inch minimum diameter for a istingi f of l owing. al 1 construction . Trees to be saved =hall be appropriately fenced during grading and all constructions (d) A cash escrow for the construction of a five-foot- wide sidewalk along the north side of Hill wood Drive., Construction of the s i dewal i:: is contingent upon the City Council's decision regarding the revised sidewalk plan in the City's Comprehensive Plan 4 CITIZEN COMMENTS Staff sent neighborhood surveys to 29 property owners within 350 feet of the sitz». Of the seven responses, one was in favor, 3 had no comment and 3 were-opposed. 11 N FAVOR The road to McKnight Road (Hillwood Drive) can be finished. OPPOSED 1. 1 object to the proposal only if it would in any way prohibit us from entering our property (# 95) from Hill wood Drive. Staff reply: See page 1ofthe staff report regarding this concern, 2~ I believe that 10 'lots on this land would require the removal of too many trees. I would agree with the proposal if fewer _ lots were proposed amnd concern for preserving as many trees as possible are taken into consideration. I also object if this development Would require costs or assessments for se. Staff reply: The lots as proposed meet all City requirements for si�e'and the project density is well within the requirements of the land use plan. Through the use of the Environmental Protection Ordinance., as many trees as possible should be protected during the development of the property. All costs associated with this development will be paid for by the 3` 1 feel that at the present time it is rushing development to go ahead with this project. % feel that the proposal should be delayed until other developments in the area have progressed ax little farther and a need for additional development is clear. Staff -reply: The City cannot control development competition through its zoning and subdivision regulations. 5 REFERENCE SITE rIESCRIPTION Area: 4.85 acres. - Net area: 4.34 acres Ezist.ing land use: Undeveloped ` ING LAND USES �Ncrth Single family lots around Teakwood Court East: Undeveloped land of the proposed Hillwood Oaks No. 1 South: Undeveloped property zoned F, Farm Residence planned ~For low'density residential development West: Single family homes across McKnight Road in St. Paul � PLANNING Land use plan designation: RL, Low density residential " Proposed density: 2.3 lots per acre ` Zoning: Rl, Single family residential Attachments 1~ Vi-sta Hills Land Use Plan 2~ Property Line/Zoning Map 3. South Oaks Second Addition Final Plat 4, Hi]lwood Oaks Number 2 Preliminary Plat 6 O r • a. • a. 0 major arterial Lower Afton _ � .sC W RANSfY CO. ORK NOS+! I _ RM a M min r S 1110 r i Londin _Lan* �• , Rm e.... O Rh E R RI . l inor collector but a 11 a n d — — — am OW cc ._ • - 0 I p os -- minor c !lector RI - 1u tm Obest K O C C ' E Linwood IRA major c I1•ctor t o � CL , C 1 to — VISTA HILLS 0. 1 LAND USE PLAN Attachment 1 4 N 1 ' -- A rl D - i w hl 401 107..4b ! 30'! 73 10.4 -41 I04 T 104 4 104 0 • g� f,r� �z,r �� 2os oi- p � = � i 1 (50) �- u5.01 s i fl 3� ? 0 24 � q p a 23 3 •�� c ,v Z50.07 ! 1334.t (42) � v pv . •T � X03. 7 � 3 lS�.v•? , .:: s n= , . � � U z -ou H Q 0A 7 3) :� 0,,fA* K TEAKw000 � � a COURT z 5.a4 /u O T KVr 98.E 1• � �1 ,DRA1 N , 3 BS..�.. •,�, 0 � e 5 - -- ;s 4 ; s � { - 5 1, r �. 1 ��Sl 1.. __ Q h 1 14 f` d # 4 28 c h t s P_ , • :•:.. :::.: 1. 5 L L ,, OA K f� e DG E Df :� • ::. :'. • ..:•••• ............ • .• - 14 33 v o h I i m ti :• :::...... 9 90 X. '�► 4_ s v 9 4 S - O 4 40 i S4 N r 64 G o -125 o 3 (e. 2) l t) o I 3 I Z Jy�V s3 z • 4 / ` 3 �i� 2 t ' 0 p� _ PROPERTY LINE /ZONING MAP 8 Attachment 2 ;a 4 N sip .4 9 B.0 3 tV oz � E ly. c T I ON 0 �#7204-9-7 4 It - 1460 '00, 245 04 FINAL PLAT 10/0000"� FIRST PHASE SOUTH OAKS 2ND. ADDITION 9 Attachment 3 i t 1 i{ h •► rl rl Alf 10~ tub �• i r i ,r t y� -171tr � na:� �r A {S MAY U 5 Mg f•� 11.1. �`1�: �� a 0 A K :3 N 1 �- A" " 4. �o _ C- tor. H.Ib•IS'js'i• fjf 4r' HILLWOOD OAKS N0.2 10 Attachment 4 i i 1. 1 i ft � 'V 1 4 N TEAKWOOD * ' COURT all t u - e jt t� �ai ON 1 T , !ice _.• / i t 1 i{ h •► rl rl Alf 10~ tub �• i r i ,r t y� -171tr � na:� �r A {S MAY U 5 Mg f•� 11.1. �`1�: �� a 0 A K :3 N 1 �- A" " 4. �o _ C- tor. H.Ib•IS'js'i• fjf 4r' HILLWOOD OAKS N0.2 10 Attachment 4 i i 1. 1 i ft � 'V 1 4 N AGENDA ITEM Action by Council: AGENDA REPORT Endorsed-..--- TO: City Manager Yfodif ied R e J e c t e d. FROM: Assistant City Engineer Date SUBJECT: Brooks Avenue Water Main, Project 88-08--Award of Bid DATE: August 8', 1989 Introduction A.bid tabulation is attached. Recommendation to award the bid to the low bidder is. made herein., Background Four bids were received on June 23, 1989. The assessment roll was based upon the 1 ow bid. No val id assessment appeals were receiveds Therefore, the financing for this .project has been pos,itivel y established. Recommendation it is recommended to award .the bid to Meyer Contracting in the amount of $31,996.52M PEA Jw Attachment 'BROOKS AVENUE WATER MAIN, PROJECT 88-08 June 23, 1989 MEYER CONTMUING WNER INC. RO-SO CQVWING T S EXCN ATING ITEM DESCRIPTION UNIT QUANTITY LNIT PRICE TOTAL PRICE WIT PRICE TOTAL PRICE WIT PRICE TOTAL PRICE 1NIT PRICE TOTAL PRICE 1�M��Mi�� NON l z 3 4 5 7 q D 1 4 5 6 7 8 9 0 2 Sara Cut Existing Bit., WDOT 2104 L.f. Water for Dust Control, HWDOT 2130 Gal . Canton Excavation, MN/DOT 2105 C.Y. Granular Borrow, MN/DOT 2105 C.Y. -Topsoil Borrow, MN/DOT Spec. 2105 C.Y. Aggregate Base Class 5, MUDOT 2211 T. Bit. Base Course, MUST 2531 /2332 T. AC Bit. Material, MN/DOT 2331 /2332 T. Bit. Wearing Course, M/DOT 2341 T. AC Bit. Material, Ml/DOT 2341 T. Bit. for Tack Coat, MN/DOT 2357 Gal. Sodding, Ml/DOT 2575 S.Y. 4' PVC San. 9wr. Sch. 40, WDOT 2503 L.F. Cor Tap to Ex. Main, Camplete w/cast. Ea. Connect to Exist. Main, MW 2504 Ea. S' SJ DIP WH Class 52, M!/DOT 2504 L.F. 6' SJ DIP WM, Class 53, Mr/DOT 2504 L.F. 6' MJ Hydrant As ab 1 y. , MUDOT 2504 Ea. 6' MJ Gate Valve & Box, MUDOT 2504 Ea. MJ Water Main Fittings, HWDOT 2504 Lbs. Trench & Backf. for Serv., M1/DOT 2504 L.F. Trench & Backf. . for Sere., MUDOT 2054 L.F. Total 590 $4.00 0.5 $20.00 525 $3.15 50 $7.00 80 $9.50 219 $12.50 76 $24.10 3.39 $14100 56 $32.23 139 $14100 i0 $1.35 890 $2.Oo 90 $15.00 3 $141.00 1 $600.00 460 $17.20 10 $20.00 1 $1,000000 1 $375.00 1655 $1965 310 $9.50 20 $9.50 $29360900 $135 $10900 $2030 $1,65335 $6000 $350.00 $5.00 $760.00 $8000 $2,737.50 $10000 $11831.60 $2100 $484977 $140.00 $11804.88 $35.00 $48437 :140.00 $13.50 $1.20 $11780.00 $235 $1,350900 $2130 $42100 $150900 $600000 :675900 $79912o00 $20.00 $200.00 $25.00 $1,000900 $1,500900 $375.00 $600800 $2,73035 $1940 $2,945.00 $1100 $190400 $1100 $31,996.52 $1,032950. $2.00 $10900 $100000 $3,150900 $3900 $250600 $5900 $640.00 $12.00 $21190800 $10.00 $1,748.00 $35900 $414.60 $130.00 $1,960400 $40.00 $474.60 $13030 $12900 $230 $29447.50 $1.75 $1,890800 $20000 $450.00 $500000 $675.00 531700.00 $91200M $32900 $250.00 $15000 $1,500000 $19500000 $600000 $400.00 $21317.00 $0050 $4903040 $6900 $26030 $6900 #35,561.20 $1.9180000 $6400 $50900 :300.00 411575.00 $1165 $250900 $10000 $960900 $13000 $29190.00 $16800 $29660.00 $12.75 $440.70 $60.00 $29240.00 $13.75 $44030 $60800 $20.00 $108.00 $19557.50 $3.90 $11800800 $1430 $19500000 $175900 $39700a00 $200400 $149720.00 $19050 $150000 $1740 $11500.00 $1,250.00 $400900 $375900 $827.50 $1050 $19860000 $9800 $120.00 $9600 $40,141.40 $3,540.00 $150.00 $86b.25 $500.00 $1,040.00 $3,504.00 $969.00 3203.40 $770.00 $203.40 $100.00. $3,471.00 $1,323.00 $525.00 $200.00 $8,970.00 $175.00 $1,250.00 $375.00 $2,482.50 $2,790.00 $180.00 $49,232.55 iTAE+ULATION OF E+IDS Pursuant to due call and notice thereof, a special meeting of the off icial s designated for a bid opening by the City COUnci 1 of .Maplewood was convened at 9 a.m., Fri day , .June 23, 1989. The purpose of this meeting was to receive, open and pub l i c l y read aloud bids for construction of Brooks Avenue Waver Main-- Haze l wood to Germain, City Project 88-08. 'resent were: Dennis Peck-; James iGessel e Following the reading of the notice of advertisement for bids, the following bids were opened and read BIDDER B I D AMOUNT BID BOND Meyer Contracting $311996,52 5% Danner, Inc 35 , 5b 1 . 20 5% Ro--So 'Contracting 409 141 .40 5% T & S Excavating 49 , 232.55 c RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD MINNthat. the bid of Meyer y SSOT� , y r Contracting in the amount. of $31,996.52 is the lowest responsible bid for the construction of Brooks Avenue Water Main--Hazelwood to Germain, City Project 88- 08 3 and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city ` • AGENDA ITEM H Action by Council: AGENDA REPORT Endorsed TO: City Manager Modif ied .FROM: Assistant City Engineer ReJected Date, SUBJECT: County Road C/Keller Parkway Water Main, Project 88-10 Review Assessment Appeal s 'DATE: August 8, 1989 Introduction Ten assessment appeal s were received for the subject project. Copies of the appeal letter or form are attached. This report -reviews the appeals. Background 1 Five appeal s were received f or parcel s on County Road C and �Kel I er Parkway. The I etter f rom El mer and Theresa Stanke ...,presents a plausible rationale for reducing the two assessment units, to asingle unit. The letter from William and Geraldine Howard discusses the fact that the westerly portion of the lot is composed of peat This was considered in the assessment rol 1 The assessment rol I was :based on four potential lots on the east half of the parcel at 75 feet of frontage with 20,000 square feet of area (the required lots site for a single family residence is increased from 10,000 .to 20,000 square feet since' it is within the sh are land zoning overt ay district for Kohl man Lake) The letter from Burnham Phi lbrooi-C does not present any substantive information as the basis for an assessment appeal. The 'forms from Susan Johnson and David Fenner of 2616 Keller Parkway and .842 County Road C, respectively question the equi ability of the assessment cost split with the residents of Palm Court. The forms do not present information to show that their property value will not be increased by at least the assessment amount. The five appeals received from the Palm Court residents generally assert that the split in costs with the parcels affected by the "balance of the project is unfair. Several appeals assert that .Palm Court properties previously were assessed for water main. This.is incorrect. The "dry" pipe that extists in Palm Court was installed by the developer under the contract for residential development. These cost were indirectly passed to the lot purchasers. However, as noted in the feasibility report, these costs would have been higher if the city would have insisted that ■ (0 Project 88-10 2 August E3, 1989 a functioning water system be provided at the time the subdivision was created. The basis for the assessment 'ate was r that of equal 1 y sharing the cost of the project among all parties with a credit given for previous expenditure for the lots on Palm Court It is thought that the assessment of $2700/unit for the Palm Court properties is appropriate. It is relevant to note, that the unit charge of $2700 Could also be recovered, by a cash connection charge as opposed to an assessment. As noted in the feasibility report, the unit assessment is equivalent to the current cash connection .rate of $30/f ' ront foot, times the average frontage of 90 feet, equalling $2700. Pursuant to Minnesota case law Crown Cork- and. Seal Company Versus CitY Of Lak- evil 1 e - 1981 the city has broad flexibility in how it implements cash connection -charges for sanitary sewer and water improvements, Recommendation it is recommended that the assessment for parcel 09-29-22-22-0003 be reduced to one unit. All other assessments are recommended to remain -unchanged . ic Attachments ESA Monday 7/10/83 Lucille Aurelius ,Clerk City of Mlaplewood E. County Rd. B. 183U Map lewood, Minnesota 55109 In ..'response to the assessment bearing on PARC,LL Ill1-.-&1vTIFICATIO�1 # P We tale undersigned object to ti'ie amount of tie. .assessment for this reason. Snown on the enclosed rough draft of tiis P arcel of land is a 77 ft. strip of non- buildable peat soil. over tae p a_ st 12 years I have nad to jack up the garage nearly 18 inches clue to tilt settling on Bottomless peat soil. T:ze floor in tiZe garage nas cracked in every direction. We welcome . the City Engineer to inspect tkil s Dui lding at any time. In the Spri-lig of .1988 a party was interested in baying 75 ft.of t he westerly side of this parcel of land, :"io,.cver wrion pie heard there was 60 ft. deep of peat+ on Cia` parcel we :ieard no more of 1zim. Li1io,e nearly every one else on our street we need city water and are thankful it will soon be available to us. I•.e most certainly expect to pay our fair share but not for property that will never be_ Ia building site. T.aan]1you for your consia"aratiojz Sincerely. t � •f I A flmer C. & Theresa %, Staaff .e 910 E. County Rd, Ce Maplewood, Minnesota 55109 JUL z 4 1,989 • eft 1:1 I J 1 J v 1, JRAl i.v TO CAL..: • • I ++I 1 II I► i w i t E. 1 � � I L r� H a N . N i N j N ' ! C) C 0 w a 0 -HAD :� T ^ 6v' F 1. ' 1 �jV h ViV L V I L L ti:.� ll..� .� V 1 '..� . P t�. rl' - July 20, 1989 . 931 East County Road C Maplewood, MN. 55109 Honorable Mayor snd Members of the Council City of Maplewood 1830 E. County Road B MgpleWOOa, rte. 55109 Gentlemen: Re: Project No. 88 -10 Keller Parkway /County Road C Parcel Identification # o4- 29 -22 -33 -0006 We wish to go on record as objecting to the charge for four Water Main Units (four buildable lots) assessed to our property. We are of the opinion that our property should be considered a single unit (lot) due to the wetness and sail content of the ground on most of the property, and the contour of the remainder. All of the land approximately 300 -350 feet East of the West boundary is at or below the ureter level of Lake Boh].m,sii� is a peat bog and as a result is non- buildable :land. At the time the ewer was installed (1970) we granted the City of Maplewood easement over our property., including the privilege of dumping the muck tom the right-of-way onto this section of our property. The East 300+ feet by appro tely 250 deep has been developed as a single lot due to the contour of the land. The re mainder of the property North of the 254 foot depth being swamp, is non - buildable land. To make any changes from a single lot arrangement would involve the destruction of our residence and garage and would call for re- grading of the property. We ,have lived at this location since 1938. We do not intend to make any changes on this portion of the property-a' roperty. ' Therefore,, we ask that our parcel of land be assessed as a single lot. Thanking you, Very truly yours, WS LAM R. HOWARD 4�L4 INE B. HOWARD 22 July, 1989 Mayor of the City of Maplewood .Maplewood City Hall Maplewood, Minnesota RE: Objection to assessment roll for Public Improi-eirnent Project 88 -10 Dear Mr. Mayor:. My wife, Michele Gran, and I live at 2634 Keller Parkway, Maplewood, Minnesota. 1V e received notice of the assessment hearing and hereby notify you of our objection to the proposed assessment on the following grounds: 1. The "public improvement" is not needed; 2. The "public improvement" does not provide any benefit to our propert y; 3. The assessment formula does not treat all home owners equitably as it assesses some considerably more than others for the same "public improvement "; 4. The proposed payment plan is unfair in that it 1)uts 1)roperty owners who ch(mse nOt to hook up to the "public improvement" immediately at an economic disadvantage; , 5. The process used by the Council and administration to adopt the plan and assessment is flawed in that it has not complied-with state statute. Very Truly 'Fours, PI-II1,131100K & NIcCORNIICh Burnlian J. Philbrook BJP %XT 603LTRM WASS PHILBROOK & MCCORMICK P.A. 'L ATTORNEYS AT LAW BURNHAM J. PHILBROOK' 'PRACTICING IN MINNESOTA THOMAS D. McCORMICK' AND WISCONSIN LORI A. STARZEOKI 2000 AMERICAN NATIONAL HANK BUILDING PO fox E327 LEGAL ASSISTANT 101 EAST FIFTH STREET HUDSON, WISCONSIN .54016 OF COUNSEL SAINT PAUL. MINNESOTA 55101 (715) 386.9125 ,TODD J. ZERIN (612) 222.1771 FAX NO. (612) 223.5968 22 July, 1989 Mayor of the City of Maplewood .Maplewood City Hall Maplewood, Minnesota RE: Objection to assessment roll for Public Improi-eirnent Project 88 -10 Dear Mr. Mayor:. My wife, Michele Gran, and I live at 2634 Keller Parkway, Maplewood, Minnesota. 1V e received notice of the assessment hearing and hereby notify you of our objection to the proposed assessment on the following grounds: 1. The "public improvement" is not needed; 2. The "public improvement" does not provide any benefit to our propert y; 3. The assessment formula does not treat all home owners equitably as it assesses some considerably more than others for the same "public improvement "; 4. The proposed payment plan is unfair in that it 1)uts 1)roperty owners who ch(mse nOt to hook up to the "public improvement" immediately at an economic disadvantage; , 5. The process used by the Council and administration to adopt the plan and assessment is flawed in that it has not complied-with state statute. Very Truly 'Fours, PI-II1,131100K & NIcCORNIICh Burnlian J. Philbrook BJP %XT 603LTRM WASS ` ASSESSMENT HEARING APPEAL CORM PROJECT NO. Address of Assessed Parcel Property Identification Number: sow (12 digit number) Leo you wish to address the city council tonight? Yes No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk: no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I .request that the city council consider (check one): Deferral of assessment b . (_) Senior 'Citizen deferment (over 65 years of age) Cancellation of assessment do ( ) Revision of assessment Reason for the request e an. �lm d-, nr�t" a Io7_" C)f rrV t� hwe a Z!bo ' I �-- SOf7ened 4 I r1ye x n Ones WaA t �1'11P'wz (Print name) (Signature) tDate) . (Address of Fro erty •Ow ) Telephone (� ° � ' ` ASSESSMENT HEARING APPEAL FORM _ PROJECT NO,-860=210 Ad ' __Vzss xzf, Assessed Parcel Proper t y Identification N um b er: 0 9 u- _ ~� � D �� _ _ --' --' --- -'��a � 1_ i-�-t n--'be) --' --' --' --- Do you wish to address the city Council t,onight7 (--) �--> Yes No . |Please complete this form if You intend to appeal to the city 'council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city co4ncil assessment hearing. Your request N :vi]l become psr�t of the public hearing record. .I :reqUest that the city council consider (check one)x --' a. �~) Deferral of assessment . /b. �-- Senior Citizen deferment (over 65 years of age) --` Cancellation of assessment do (X ) Revision of assessment ,Reason for the request: T, VV% -0 V-% :i A r 6 C- vl� )CK "IJ (Print Name) (Signature) (Date) (Address of Pi�%operty Owner) Telephone Mail 5.S-101-1 4 0 William S. and Marilyn J. Halloran 4499 South Oak Leaf Court vadnais Heights, Minnesota 55127 July 21, 1989 Michael McGuire, City Manager • Maplewood City Offices 1830 County.Road B Maplewood, Minnesota 55109 Dear Sir: - My wife and I are owners of parcel 09- 29 -22 -22 -0020, located at 846 Palm Court, and we are writing relative to the July 24, 1989 assessment hearing. We both realize a number of County road C and Keller Parkway neighbors feel that Palm Court residents should bear either all of the assessment, or at least a, coequal amount with them. The reason most frequently given is that since Palm Court residents requested city water, they should be expected to pay for it. This .argument, we feel, amounts to shooting the messenger: the message is we are asking the city to carry out its responsibility to pro - vide water to the dry water pipe the city required our developer to install and we paid for as landowners. We wish to argue that there is an inherent unfairness in asking us to pay in the first place for an improvement that does not -work, and now asking us to share in the cost of making it work. I ;hope we have made it clear from our argument that we object to tie assessment of $2,700. Respectfully, ASSESSMENT HEARING APPEAL FORM PROJECT NO,..A Address of Assessed Parcel Property Identification Number: 9 C� 9 0 0 (1� digit number) Do you wish to address the City COUncil tonight? Yes No Please complete this form if YOU intend to appeal to the city CO.Uncil to defer, revise or cancel YOUr assessment. This form must be completed and filed with the city Clerk no later than the ,close of tonight's City COUncil assessment hearing. YOUr reqUest wil 1 become paimt of the pUbI is hearing record,. I request that the city COUncil consider (check one) cl Deferral of assessment b (.02000=00) Senior Citi -Z-en deferment (over 65 years of a-ge) Cancellation of assessment d 'e-.('jg---Revision of assessment Reason for the reqUest: f/ta-,L�J-- -O,r el ln/ry tit pot,. t 0 4 egg A-L c C- -C. ;> /< (Pr h1t Name) (SignatUre) (bate, (Address of Property Owner) Zip Telephone r ASSESSMENT HEARING APPEAL FORM `L FOROJEC "r NO, '.' zoo Address of Assessed Parcel F`nopert y I d ent i f i c at i on Number: (12 digit number) Leo you wish to address the city council tonight? Yes No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the publ is hearing record. I request that the city council Consider (check one) C1. { ) Lieferrral of assessment b . �„■_i Senior Citizen deferment (over 65 years of age) 4 c . C Cancellation of assessment d . ..C� ) Rev.i s i on of assessment Reason for the request NMAOIA C ! • } Z•�J"'C .� !U• / ; t- r' 'tom C L-v / :L� r i1t"i /--, %� • . ` Wr i nt Name) (S i gn at Ure) (Date) . •- (Address of Property Owner) Telephone Zip _; ASSESSMENT HEARING APPEAL FORM PROJECT No. Address of Assessed Parcel Property Identification NUMber: 7" (1-2- digit number:) Do you wish to address the.-city COUncil tonight? (*%>0 Yes No Please complete this form if YOU intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of to-night's city council assessment hearing. Your reqUest will become 'part of the pub ic hearing record. I •eqUeSt that the city council consider (check one) -1 a Deferral of assessment C 4 b w Senior Citi-Z-en deferment (over 65 years of age) C a Cancel I at ion of assessment d (.;>Q Revision of assessment Reason for the request: ze 4--rl 010 071A:2. Ally 9 2 r] ZI (Print Name) (Signature) (Elate) (Address of Property Owner) Telephone Zip Jr.�� /�%g ed, ASSESSMENT HEARING APPEAL F=ORM PROJECT ND.jee.!:�- Address of Assessed Parcel.. Foroperty Identification NUMber: (1A"! digit number) Do you wish to address the City council tonight? ( ) Yes No Pl ease complete this form i ' f YOU intend to appeal to the city coun.ci.1 to defer,, revise or cancel YOUr assessment. This form must be compl eted and f il ed with the city cl erk. no I ater than the close o,f tonight 's city COUncil assessment hearing. YOUr request w i l I become pat,4t of the PUb1 ic hearing record . I reqUeSt that the city count. il consider (check: one) C1 Clef erral of assessment .be Senior Citi,-:_en deferment (over 65 years of age) c a Cancel I at ion of assessment d a Revision of assessment Reason for the request: D C✓--� t^s' a 7"e Z-71T i*AC-,C-r el Pre 1,517C r 7- 1 / / .� /!.� D. 4--oo, .... et. ;14 oC 001111,`:2 -,Z (Print Name) (Signature) (Date) • (Address of Property Owner) Telephone 41"4 Zip 2- + ' . ' ' . .- . .� - ASSESSMENT HEAR%NG APPEAL FORM PROJECT NO* 815 `Igo ` Address of Assessed Parcel 9�7 /t-71 F'roperty Identification Number: _ (1.22 digit number) . ` - ]Do YOU wish to address th e City Council tonight? ( --L- ) ) ' Yes No , Please complete this form if You intend to appeal to the city c:ounc�l to defer, revise or cancel yOur assessment. This form must be completed and filed with the city clerk no later than the c: l ose of ton i ght ~ s' city cOunc i l assessment hearing, Your request | will become part of the public hearing record. I request that the Ci.ty council consider (check- one>: C . --' �~._) Deferral of assessment �� _ ~-- ��enic�r ��itizen d��f�rment � cz . (,4) ) x�+ [�ancel l ation of assessment d . �) Revision ��f assessment a. OF 40- �� � Deferral of sss�ssment ��enic�r ��itizen d��f�rment �over 65 years of age) �Reason for the request: A�C'S ze22—.a-41za 2 C (Print Name) (SignatUre) (Date) �'37 Do, /� - C,, �- ( e� /,2- - ) 7- - �/00 9' (Address of Property Owner) Telephone .- Z2 Z ip LIQUOR LICENSE ORDINANCE: This item will be available at the meeting. /-/- 3 Action by Council; Endorsed Modified_ Rejected_..., Date ,t Chapter 5 .Action by Council ,*J ALCOHOLIC BEVERAGES* Endorsed Art. I. In General.. S.S. 5 -1 to 5-20 Modif ieA Art., II. Non - Intoxicating Malt Liquors, S.S. 5 -21 to 5--60 Rejected Div. 1, Generally, S.S. 5 -21 to 5 -35 Div, 2. Licenses, S.S. 5.36 to 5 -60 Date Art. III. Intoxicating Liquors, S.S. 541 to 5 -155 Div. 1. Generally, S.S. 5 -61 to 5 -95 Div, 2. "On- Sale'' and "Off -Sale" Licenses, S.S. 5 -96 to 5 -125 Div. 3. "On -Sale Wine Licenses," S.S. 5 -126 to 5 -145 Div, 4. Bottle Clubs, S.S. 5 -146 to 5 -155 ARTICLE I. IN GENERAL Sec. 5 -1. Proof of age for the- perpese -ef consumi ng, . purchasi ng or possessing alcoholic beverages. Proof of age for perpeses -ef consuming, purchasing or possessing an alcoholic beverage, the consumption, sale or possession of which is regulated under this chapter by age, may en4y be established only by a valid state driver's license or a current Minnesota state identification card 4eseed- pefseant -te set -en- D-- Mnnesete- Statetes, or in the case of a foreign national by a valid :passport. State law reference-Similar provisions, M.S. 340A. 503 a Sec. 5 -2. Persons under n4neteeft- twenty - eee -k 14 21 years of age; mi.s- representation of age to obtain alcoholic beverages 44quer; possession or consumption of alcoholic beverages 44geer, etc. (a) It is sha44 -be unlawful for a any person under the age of , n -tnetee"4494- twenty- eee -k24� 21 years to claim te- represeet H -m9e4f to be of -the - age- ef- e�-eeteee -k- 194- tweiity- eee -k24 21 years old or older for the purpose of obtaining ffef- any -ether pe�see- eee- �ete��- eet�eg- r�a�t- ��gtre�- s�- �t�texi- eart�eg-- ��- gtte� -es the- same - are- def4ned- 4"- th4s- ehapter alcoholic beverages. (b) It is shaI4 -be unlawful for a any person under th.e age of n -tiieteen -499 - twenty- ene -k244 21 years to have- 4n -h4s possess pessessi-en any nen- nteeatng- malt- -qee -e �- ntex�eati- �g- ��- gtte� -as- the - came - aye -def i- ned- �n- thy- s- ehapte�- _ e�eept- �essese�- en- at- �e�sehe�d- ef- pe�sen `- �- ��ent- e�- gtt��di -an alcoholic beverage with intent to consume it at a place other than the household of the persons parent or guardian. State law reference - Intoxicating liquors, M.S. Ch. 340AN *Cross reference - Alcoholic beverages on premises of massage parlors, escort services, rap parl ors, etc., S.S. 24 -89. 1 (c) It is she -14 -be unlawful for anyone under the age of e4eeteen -k494 twenty- ene4244 21 years to consume een- me - eats -ng- malt -� que e�- i•nte��- eat��g- l- �gtte� -aa- the- a�rme- aye -def t���eaa -gin- the- hettaehe�d -ef -the- any alcoholic beverages u-nless in the household of the person's parent or guardian na d with the consent of the ' p arent or guardian, State law reference-Similar provisions, M.S. 304A.503., , subds. 1, 3, 5. Sec. 5 -3. Licensee responsible for acts of employees, etc. (a) Any act by a any clerk, barkeeper, agent, servant or employee ,of a any licensee under this chapter, in violation of this chapter, is aha4 -1-be deemed the act of the employer and licensee of such place as well as that of said clerk, barkeeper, agent, servant or employee, and every such employer and licensee is aha44 -be liable to all the penalties provided for . the violation of same, equally with said clerk, barkeeper, agent, servant or employee, except for felonies of manufacture, trans- port,, port, import or sale/gi ft -of poisonous ohol ; sale of an alcoholic beverage without a license is a gross misdemeanor. (b) Any sale of intoxicating liquor by a any clerk, barkeeper, agent, servant or employee made in or from a any place do4y licensed under this chapter to sell non - intoxicating malt liquor, but not du4y licensed to sell intoxicating liquor, is ahal -4 -be deemed the act of the employer and licensee, as well as that of the person actually making the sale, and every such employer and licensee of such place is aha4 -1-be liable to all the penalties provided for such sale, equally with the person actually making the same, except for felonies of manufacture, transport, import or sale /q i f t of poisonous alcohol; sale of an alcoholic beverage without a ' l i cense is a gross misdemeanor.�sde -; See-- 5- 4--- Keep4ng- ef- heuse! -ete: r- fer- un44eensed- sa4e- ef- 4nte *4eat4ng 44quer; - eustemers- thereat; -ete: Any- peaen- whe- ahel -l-; -wth- the- e� -ty -- deep- a- hettae -e�- puree -f e� -the ttn��- een�ed- ael- e- ef- �nte��eat�- ng- l- �gtte�- and- a��-- pe�aena- whe- �eae�t -te -e� ����t- atteh- hettae- e�- p�aee -f e�- the- ptt�°peae -ef - ptt�ehaa�ng- e�- eena�m�- ng -an�r �n�e��eat�ng- l- �qee�- ael -d -en- the- p�em�aea- �ha��- be -gtti- qty -ef - a- m�ademeane�- Sec. 5 -4. Keeping of house, etc., for unlicensed sale of intoxicating liquor, customers thereat, etc, it is a misdemeanor: (1) To keep within the city a house or place for the unlicensed sale ot intoxicating liquor; or (2) To visit such house or place to purchase or consume any intoxi- cating-liquor sold on the premises. �4 Sec. 5 -5. Drinking beer or intoxicating liquor on public street, etc., ds or while trespassing on private property. No person shall, upon the public streets, lanes or alleys of the city, or being a trespasser upon the private premises of another, drink beer or i ntoxi- cati ng liquor. Sec. 5-6. License fees, investigation charges, etc., to be imposed and fixed by resolution of city council if not expressly imposed or fixed in this chapter. Unless expressly provided for in this chapter, the amount of any license, permit, investigation, etc., fee or charge required to be paid by this chapter shall be in such amount as may be imposed, set, established and fixed by the city council, by. resolution, from time to time. Secs. 5 -7 to 5 -20. Reserved. 0 ARTICLE II. NON — INTOXICATING MALT LIQUORS# DIVISION 1. GENERALLY Sec. 5-21. Definitions For the purposes of this article, the following terms, words and phrases ,sha4l have the meanings respectively ascribed to them: Alcoholic beverage: "Alcoholic beverage" is any beverage containing more than one -half of onpercent alcohol by volume. Bona fide club: A bona fide club is an organization organized for social purposes, promotion incidental business purposes, for intellectual improvement, or for the of sports where the serving of non - intoxicating malt liquor i s to and not the main purpose of the club. Intoxicating liquor and liquor: "Intoxicating liquor" and "liquor" mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 4e- a *eeee -ef - three - and -tree- teethe -3-24 3.2 percent of alcohol by weight. Non - intoxicating malt 1 i quor: Non - intoxicating malt liquor i s any-22: ab -le bevea a malt liquor containing not less than one -half of one percent alcohol by volume nor more than th -ree- aed-twe- teethe -k3-24 3.2 percent alcohol by weight. Off -sal e: "Off -sale" is the any sale of non - intoxicating malt liquor for consumption te- be- eensumed off the premises only. On -sale: "On -sale" is the any sale of non - intoxicating malt liquor for consumption te- be- eeeettmed on the licensed premises off. kGede-1965-f r Person: "Person" includes any individual, partnership, association, trust, institution, cor orati on, or municipality, and includes also a the muni c a1 liquor store. "Sale, sell, and urchase include all barters, exchanges, gifts, sales ee -- -Te, purchase s and other means used to obtain or furnish liquor as above-described, directly or i ndi rectl , i n violation or evasion of this ordinance but does not include sales by state license, liquor wholesalers selling to licensed retailers. Cross reference -Rules of construction and definitions generally, S. S.1 -41, et seq. State law reference -Sim.i 1 ar provisions, M.S. 340A.101; 645.44, subd. 7. *State law reference -State non - intoxicating malt liquor act, M.S. 340A.101. 4 Sec.. 5 -22. Hours of sale, Hour_ s of consumption.. No non - intoxicating malt liquor shall be sold in the city between tie- hears of 1:00 a.m. and 8:00 a.m. on the days of wee -kdays, Monday through Saturday 4ee4es4ye, nor between the- heai*s -ef 1:00 a.m. and 12:00 noon on Sundays. No "on -sale" licensee shall permit any -sueh non - intoxicating malt Tiquors to be consumed on hoe the licensed premises during the hours when the sale thereof is prohibited by this section; provided, however, that the licensee shal 1 be al 1 owed a th4 -rty- 38 - n4"ute 30- minute period following the 1:00 a.m. closing hour to clear the premises of customers who are on the premises at 1:00_a.m., and such customers during that time may consume any -seep intoxicating malt beverages purchased,by them before 1:00 a.m. State law reference -Sales of non - intoxicating malt liquor, c 1 osi ng hours, Me S... 340A. 5040 Sec. 5 -23. Persons under n4neteen- X494- twenty- ene -k243 21 years of -age;. sale to, consumption by, procuring for; etc. It. is sha44 -be unlawful in the city for a any: (1) Licensee _or h4s the licensee's employee to sell or serve non - intoxicating malt liquor to a any person under the age of n4neteen -194- twenty- ene -k241 Ll years or to permit a any person under the age of n4"eteen- k494- twenty -ene- 044 21 years to consume non - intoxicating malt liquor on the licensed premises; (2) Person other than the parent or legal guardian to procure non- intoxicating malt liquor for a any person under the age of n4neteen -k;94- twenty- ene -k2 -1� 21 years; (3) Person to induce a person under the age of n4neteen-f-194 ztwefl-ty- e"e -J24� 21 years to purchase or procure non - intoxicating malt liquor; (4) 'Person under the age of e4eeteee- k-194- twenty- eee -k2 21 years to claim to be 21 years or older Ffl snepresent -h4s -age for the purpose of obtaining non - intoxicating malt liquor; (5) Person under the age of n4neteen -k494- twenty- eee4244 21 years to consume any non - intoxicating malt liquor unless in the company of h4s the person's parent or guardian; (6) Person under the age of ni-eeteen- {-194 -t = ^y- eee -�2 ;4 21 years tone- i- n-- s- pessessi:en moss_ ess any non - intoxicating malt liquor,- with intent to consume it sarfle at a place other than the household of bi-s the person s parent or guardian. Possession at a place other than the household of h*s the person's parent or guardian is sha :4 -be prima facie evidence of intent to consume the -same it-at a place other than the.household of hi-s the parent or guardian. State law reference-Similar provisions, M.S. 340A.503. 6i Z Sec. 5 -24. Person must be n4neteee- 9)-- twenty =eae- 241 21 years of age to deliver, sell, serve or vend non - intoxicating malt liquor. (a) It is eha44 -be unlawful fora any licensee under this article or an any - of -hoe- agents agent, seryanta or emp4eyees employee of a licensee to allow a any person under the age of e4neteen_k4g_ en - ene4211 21 years to deliver, sell, serve or vend any non - intoxicating malt liquor to a any person in the city. (b) It is she-14-be unlawful for a any person under the age of e4neteeh -k494- twenty- ene4244 21 " years to deliver, sell, s e r v e or vend any non - intoxicating malt liquor to a any person in the city. Secs. 5 -25 to 5 -35. Reserved, DIVISION 2. LICENSES* Sec. 5 -36. Required to sell at retail; types of licenses. Except as provided in this section, it is she-14-be unlawful to sell non-intox- icating malt liquors at retail in the city except when licensed under this article. Theice- eha44- be- twe -k2-4 Two types of annual licenses are issued for the sale of non - intoxicating malt liquors; (1) "On- sale" licenses eha44 permit the licensee to sell stieh non- intoxicating malt liquors for consumption on the licensed premises, and the license fee therefor is she;4 -be fixed by the city council and paid to the city. 'On -sale" licenses are she44 -be granted only to drug stores, restaurants, hotels, bona fide clubs, and establishments for the sale of non -i ntoxi- .eating malt beverages, and soft drinks at retail, A club or charitable, religious, or non- prof.i t organization may be issued a temporary "on -sale" license for the sale of non - intoxicating malt liquor on and off school grounds,, and in and out of-school- houses and school buildings.. The Temporary licenses eha44 -ber are subject to such terms, including a license fee, as the city counci 1 eha44 prescribes. (2) "Off -sale" licenses eha44 permit the licensee to.sell non-intoxi- cating malt liquors in original packages for consumption off the premises only, and the license fee therefor eha44 -be is fixed by the city council and paid to the city. {Cede -4965; State law reference-Similar provisions, M.S. 340A. *Cross reference- Licenses generally, Ch. 178 Sec, 5-37. Persons eligible to be issued licenses. Licenses under this article ma sha44 be issued only to persons who are citizens of the United States or resident aliens and who are of good moral character and repute, who have attained the age of n4neteen4494 -twee "e 21 years and who are proprietors of the establishments for which the licenses are issued. State law reference-Similar _provisions, M.S. 340A. 402 (1), (2)g__ (4). Sec. 5 -37A. Persons not eligible to be issued licenses. No license may be issued to:. ..) , No license may, be issued to a person who has had an i ntoxi- cating liquor or non - intoxicating liquor license revoked within five years of the license a l i cati on. 2) In addition, no new license may be issued to, and the city council, may refuse to renew the license of, a person who, within five years of the license appl i ca- t i on, has been convicted of a wi l l f u 1 violation of a federal or state law or a local ordinance governing the manufacture, sale, distribution, or possession-for sale or distribution of an alcoholic beverage. State law reference-Similar provisions, M.S. 340A.402.. Sec., 5 -38. Premises which may not be licensed; limitations on number. of licenses. (a) No "on -sale" or "off -sale" non - intoxicating malt beverage license sha44 be issued under this article to premises licensed as a motor fuel station, . motor fuel station convenience store, internal motor fuel station, major motor fuel station or truck stop, as defined in Section 36 -151 of this Code. (b) No non - intoxicating malt liquor license may sha�-T be issued under this article for premises located within an area wherein such use of the premises is prohibited by the zoning ordinance nor within an area where such sales are forbidden by -the state law or any other ordinance of the city. (c) No "on -sale" license s-ha44 be issued under this article for premises located within 1, 000 feet of a any church or school building e�=- �h�sh -b4d -leg located w4th4n in the city, and no "off -sale" license shall be issued for premi_ses located within oRe4und -red -k4004 100 feet of a such church or school building. The distance s .to be measured from the nearest property line to the nearest property line. 7 (d) Not more than one license may ehe44 be issued under this article to any .person in the city. Sec. 5 -39. Durati on. Except for a temporary "on -sale" license issued under this article, all licenses issued under this article ehe44 run for a period of one year from July 1, and, if issued for a shorter period than one year, the license fee shall be prorated on a monthly basis. -16944: State law reference-Similar provisions, M.S. 340A.301, subd. 5. Sec. 5 -40. Corporate holders to notify city council of stock transfers and change in officers; council to approve stock transfers; failure to notify grounds for license revocation, etc. No corporation to which a license has been granted hereunder she-14 transfer any stock in such corporation without the consent of the council. It is, hereby -Riede the duty of the officers of a atiy corporation holding a license issued under this article to notify the council.of any proposed sale or transfer of any stock in such corporation, and no such sale or trans- fer of stock shall-be effective without the consent of the council, The transfer of any stock without the knowledge and consent of the council shall be deemed sufficient cause for revocation by the council of a eity license granted to such corporation under this article or any other licensing ordinance of the city under which such corporation has received a efry license from the city. Such corporation officers shall also notify the council whenever any change is made in the officers of any such corporation, and the failure to .so =notify the council shall likewise be sufficient cause for revocation of a zany license issued to such corporation. Sec. 5 -41. Unlawful possession by licensee, agent, servent; etc. , of -intoxicating liquor on licensed premises.. It is she44 -be unlawful for a efty person du4y licensed under this article, but not de4y licensed to sell intoxicating liquor, or for any of h4s the person's agents, eeryante or employees, to heve- 4n- hie- peeeess4ee possess on premises licensed under this article, intoxicating liquor, as defined in Section 340A.101, Minnesota Statutes, for the purpose of consumption by anyone,9ee -9�5� Sec, 5-42. Duty of police to notify council of conviction of licensee of violation of article; conviction grounds for revocation of license, It i s the duty of the police officers of the city to notify the council whenever a eay person licensed under this article is convicted of a violation of this article. Such conviction shall be deemed sufficient cause for the council to revoke a any license issued to such convicted person under this article, 0 Sec. 5 -43, Application-Generally, Any- pe�eee-- eee�����- tie- �eeea�ee- e�- e- �- �- eeeee-- t�ede�-- tb�- e- a�t�E�e- e�a�- ,aflp�- y theref er -te- the- e4ty- eettee *4 -by -f � -I*eg- w4th- t-he- e4ty- eler� -, - fef- preseetet4ee ��- #�� -� -te- the- eettt�e�� ; -ae- apps- �ea��- ee- �e- w��- t�- eg- tbe�ef e�--- SeEb- a�p��eet�ee she -14 -set -f erth- the - name - and- pleee -ef - fes4deeee -ef - the- app4-4eaetr -- the -e *aet 4eeat4en -ef- the- p4-eee- at- wh-+* Eh- the- app44eaet- pfepeses- te- eaiary -.efi the- btis4aess e-- se�� -eg- eta- tee- e,areg- ��r� -t- gene - -aed- whether- ef- eet -he- hays- at -eey t- 4me- prey4ees -te- the - date- thereef - beep► - engaged- 4n- se4d -bus4 Less -er -4e -the btts�eess -ef - set- ��hg -f eedstt�f f s -tee- the- e�t�-- at�d-- �i = -ee -- whee -and- whee-- -�t�eh �p���eet�ee- shad- �- be- s�geed -bar- the - apps- �ea�t-- ew- by -ae -ef f �- ee� -ef - the -e�-eb �ee4��e�- said- ��ee�s�; -e�- bar -ae -ef f �- ee� -ef - the- ee�pe�at�- ee- eee��ee- said-- ��Eeeee; and- whee- �eee�+�ed -by- the- e�e��-- sha��- be- p�aeed- ee -f��e: e -ef -the apert- sh,a��- be- egsteed - -a- beer- ef- egstaee- te- �e- ep.t -4e -the �f f gee -ef - the -eke -f a - that -pe ptise ; - -p a g- ded-- hewevef -- that- se4d -e4ef-k eha�� -- tint- �eee��e- stteh- app��- eats - tie- e�- �eg�ete�- the - ease -ef - stteh-- app��eaet tt "flees- the- appl4eat4ee- 4s- eeeefpan4ed- by- e- feee4pt -ef- payment -ef - the- fequ4red A erson seeking a license under this article must apply to the city-council for the l i cede by-filing a written application with the city clerk. The clerk must presen t the application to the city council. An application must contain the following: {1) The applicant's name and place of residence. 2) The exact location of the place at which the applicant proposes to sell non - intoxicating malt liquors, S3) Whether the applicant has ever previously been engaged in the business of sel 1 i ng non - intoxicating malt liquors or in the business of selling foodstuffs in the city, and if so, when and where. 4) The signature of the applicant, or of-an officer of a club seeking a license, or of an officer of a corporati on seeking a license. An application must be placed on file when it is received by the city clerk. The name of a licant must be registered in a book of registration kept in the city clerk s office for that purpose; provided, however, that the clerk ,.may not receive an application or-register an applicant's name unless the application i s accompanied by a receipt of payment of the required license fee. Sec. 5 -44, Same- Payment of license fee imposed and fixed by council resolu- tion; etc. Upon the filing of an application for the issuance of a license under this article, the applicant m_ ust sha44 pay to the city clerk, in full, the amount of the license fee therefor, as imposed, set, established and fixed by the city council, by resolution, from time to time. The city c l erk..sha44- de44 -Ye-r a- eca.{�t- te- t�- a.pp�.�. cast- �pe�- ece�g- ��6a- p�yr�ent must give _the applicant a receipt for the payment. Sec. 5 -45. Same- Inspections of premises, etc.. The applicant for a license under this article m_ ust she-1-1 permit the appro- priate officers of the c.i ty, as well as representatives of the police and fire departments, to inspect and examine the place of business described in the application, together with all the applicances and instruments used or to be used in the transaction of the business for which the license is sought. A 4y refusal en- the-- part - of -seeh by the applicant to permit any such inspec- tion shall be deemed as sufficient grounds ttpen -wh4eh for the council. to sha44 refuse to issue the license applied, for. kGede -496 - -5 -S - 784:8484- Sec. 5 -46. Same - Procedure; recommendations and reports to city council; grant or denial, .After the filing of an application for a license under this arti c 1 e, the city clerk shall transmit such applciation and his or her recommendations to the city council, together with any reports from the police or the fire departments. The council shall thereupon consider the application-and grant or deny the same, k - 484 7859 . Sec. 5-470 Employers and 1 i censees responsible for acts of employees, agents, sefvaets, etc. Any act b y of a any clerk, barkeeper, agent, servant or employee in viola - tion of this article is sha44 -be deemed the act of the employer and licensee of such place, as wei 1 ' as that of said clerk, barkeeper, agent, servant or employee, and every such employer and licensee is she44 -be liable to all the penalties provided in this article for the violation of same, equally with the said clerk, barkeeper, agent, servant or employee. �Gede--1965r-&Ar-70-Tr 44047 Secs. 5 -48 to 5-60. Reserved, I 10 ARTICLE III. INTOXICATING LIQUORS# DIVISION 1. GENERALLY Sec. 5 -61. Definitions. For the purposes of this article, the following words, terms . and phrases Ishe4- have the meanings.respectively ascribed to them: _�__��G4t�b- '- �eaes- aey- eee�eeat�ee-- de4y- eegae�eed-- eedee- the - flaws = of -tie Mate - fee- e��� -e ; -f �ate�ea�;- eee�a�-- e�- �tt��t�ee�-- ett��eeee- e�- �e�- �ete�- 4eEirea� e�te eet� - -e -f ee- the- �eemet ee -ef -see tsr-- ee- a- eeegeess4eea44y- ehaetefed �eteeaee'- e�ga��- eat�ee� -- why- eh- eha�- �- �a�e- r�e�e-- t�a�► --��f ty- � §8�- �emhe�e�- -aed wh *eh- sha44r -f etc- nieiae- thae- e- yeaimr- here- eweed ;- h4fed;- ef-- -eaeee- a- bu44d4fl g ee-- �eaee -�e -a- bey-- dreg- ef- seeh- e�teet- aed- eha�aete� -as- gay- be- e��tab�e -aed ade�eate -fee- the- eeaseeab4e- aed -ee�f eetab4e- aeEer�edat�ee -ef - �- t�- me�be�s ;--aed where- offa4es- aed- maeagemeet- aee -eee. deleted- by- a- beaed- ef- d4oeetees;- a *eeet*ye eemm ttee-ee- ether- s4m44ae- bedy- ehesee -by- the - members- at- a- meet4ag- be4d -fer-- that- pefpese s - eeee -ef - whese- membeesr -ef f 4eere-- agents- ef- emp4eyees- efe -pe4d d4feet4y- ee- 4ed4feet4y- aey- eempeeset4en -by- way -ef -pfef 4t -f fern- the- d4stf4butfee ef- se4e -ef- beverages -te- the - members -ef- the- e- lebr -ee- to -4ts- guests beyeed -the ameent --ef - seeh- eeaseeab4e- se4aey -ee- wages -es- gray -be -f 4*ed- aed- veted -eeeh yeas -by- the- d4feetefs -ee- ether- gevefo4 fig -belly: Cam: "club" is an incor ~ orated organization organized under the laws of the state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of-sports., or a congressionally chartered veterans organization, which: 1) Ha_ s more than 50 members; 2 owned or-rented a building ors ace in a building for more than one ear that is suitable and adequate for the accomodation of its members; 3)__ Is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or e_m_pl oyee shall receive__anyjRrofit from the distribution or sale of beverages to the members of the club, or their guests,-beyond a reasonable salary or wages fixed and voted each year by the overning bod : Intoxicatin liquor "Intoxicating liquor" and "liquor" mean ethyl 9 4 1 quor. alcohol, distilled, fermented, spirituous, vinous and malt beverages containing g more than 3.2 percent of alcohol by weight. Limited off -sale: "Limited off -sale" sha-1; -gear means the sale of vinous or.malt liquor in retail stores and in original packages containing not less than three -- aed -twe- {- 3~ -2 -}- 3.2 percent alcohol or four.( 4)_ 4 percent by volume and not more than twaA%y- fouP_k24) 24 percent of alcohol by volume for consumption off erc- away4vom the premises where sold. *State law reference - Intoxicating liquor act, M.S. 340A.101. 11 Off -sale: "Off -sale" means the sale of liquor i n original packages in retail stores for consumption off eia-away -fneni the premises where sold. On -sale: "On- sale" means the sale of liquor by the glass or by the drink for consumption on the premises only pursuant to such regulations as the state commissioner of public safety may prescribe. Package. o_ri inal acka e: "Package" or "original package" she-11--mean means and- 4ne4ede a any -ee to ne -e -�eeep ae e- end ng--� ten - -wh a -eenta ne -ems ioeeep -tae4e- -te- een#ted- er- aee4ed corked or. sealed conta i n e r * holding_ 1 i q u o r. Person: "Person" eba4- 1- 4nel-ude includes individuals, corporations, partner - shi ps. and associations. Restaurant: "Restaurant" means an pelt- eetab44shrflenta establishment, other than a hotel, under the control of as single proprietor or manager,an�- app�°e- p � ate- Frei -�tt ea -f ey- tie -ee� n� -ef - �ea�e - -�rnd where 4e- eene4der at�en- of -pay- me"t-thereferT meals are regularly served at tables to the general public, and w�i- e�- emp�- eya- an- ade�trate -etdf f - te- pne��de- tie- ttatta� -- and -atti- table- ee���ee -te ate- gt�eete--- Stte�- eetab��e�ir�ent- e�a��- �a�e -f aei- ��t�ee -f e�- eeat�n�- yet -�eee tba- qty- ��8�- �te�te- at- et�e -t� -tie; and which has seating , capacity for not less than 30 guests. Sale, sell, sold: "Sale" and "sell ". and "sold" mean all .barters and all manners or means of furnishing intoxicating liquor, including such furnishing in violation or evasion of law.�ede -�65; Cross reference -Rules of construction and definitions general l y', S.S. 1 -419 et seq. State law reference-Similar definitions, M.S. 340A.101. Sec. 5 -62. E *empt4ene- T���- ant�e�e- e�a��- net- be- eenet�tted- te- p�eb�b�t- tie- aa�e -ef- wee- fey°- �ae�a- �eet,a�- pt��peaee- by -aey- pewee- dt��y- ��eenaed- bar- tbe- �tateTee�r��aa�ene� -e� pttb��e -eaf eta► -ee- to -de -- new- eba��- theme- a�t�e�- e- be- eenet�°tted- te- p�° ®�i�b�t -the . �e�e- e�- �ed�- e�t�ea- ire- de��ned- �- n- Seet�ee -348: 8�-- P4�- enepet�r- �tetetea; - t�e� -ef - p�a�r�eeeet�- ed�-- e�- �nd��tt��a�-- p��°pe�e� -- nee- te- eempe�nda- e�°- pt�epanat�- ens- eenta�n�ng- a�eehe�; �-f - �tre�- eempet�nda- en- p�°epa�at�ene -aye- net- petab�e -a� -a- beverage; - nee°- a�e� -�--�t be- eeeat�t�ed- te- p�eb�-b�t- -tie- �a� -e -ef - �ete��-eet�r�g- ��gtte�° -f e�- r�edi- e�ne�- ptr�peaee by- a= dty- �een�ed- and- e�ete�ed -phanm ae�- at-- e�- d�ttggat- open- a- bena -€de ��eee��pt�en; - �- n- w�°� -t�n�; - b�►- a- p�y��e�an- en- de�t��t: -- {-8ede -886; -� -5 -- X83 -��8�- Non --appl i cabi 1 i ty; This article does not apply to: 1 Persons issued licenses by the commissioner of public safety pursuant to Section 340A.316,w Minnesota Statutes, for the importation and sale of twine exclusively for sacramental purposes; 12 _(2) Medicines intended for therapeutic, purposes and not intended .as a beverage; 3 Industrial alcohol designed for mechanical, chemical, scientific haramceutical, or industrial purposes; or �4) Non- otable compounds or preparations containing alcohol State law reference-M.S. 340A.316; 340A. 906, Sec, 5 -63. Persons to whom intoxicating liquor may not be sold. furnished, etc. and► -� ���e�e- te- at�y- �e�aen- ande�- n��teteen- f �.�.} -- twenty- ene-- {��- }- yea�a -el=- age -e� _ ts- an- �ab�tea�-- d��n�a�d- e� -te- and- �e�ae�- eb��etr��y- �nte��- sated- e� -te- any -e� tie- pe�aena- te-- wbem- �a4e- ��- ��e�i�- b�te�- by- t��a- Oede- e�- e�he�- erd�nanee -e� ��e- -e��y; - e� -b�►- eey- �- ew -e-f - t���- �tete: -- ��e�e- X065 - -5 � S - -X83 -x-48- f 4� ; -9�d- �{e: No person may sell, furnish or deliver in the city intoxicating 1 i uor for any purpose to: (1) A person under the age of 21 years; 2) An obvious 1 y intoxicated. person; 3) A person to whom sale is prohibited by this Code or other ordinance of the city or by any law of this state. State law reference - Similar ..r2provi si ons , • M S. 34M502; 340Ao 503. ■ i r_�■.�.�.r_rr�.r.�� � .r_rr_.rrrr�i ...r_r. ..r .Sec. 5 -64. Person must be Mfieteen- 094 -e htee"- 484 18 y e ears of age � to deliver, sell, serve or vend intoxicating liquor, (a) It is aba44 -be unlawful for a any licensee under this article ' or the 1 i censee' s a "y- of -b4a agents, servants or .employees to allow a any person under the age of n4eeteen- k494- e4gbteen -k484 18 years to deliver, sell, serve or vend any intoxicating liquor to a any person in the city. (b) -It is aha44 -be unlawful for a any person under the age of n4neteen -{ 494-- e4gbteen448} 18 years to deliver, s e ll , serve or vend any intoxicating liquor to a any person in the city. State law reference -Simi 1 ar provi si ons, M, S_ 340A.412, subd. 1.0. Sec. 5-65. Sales-To be in public view. All sales of intoxicating liquor in the city allowed under this article must sha44 be made in full view of the public. 13 Sec. 5 -66. Same-Shall not be made where prohibited, No person may sell sa -le -ef intoxicating liquor in the city shel-4- be-niede in a and` place or in a any part of a building where the aeeh'sales are pro- hibited by state law or this article. Sec. 5 -67. Drinking intoxicating liquor in a public place. (a) No person may she-14 drink intoxicating liquor in a any place open to the public within the city,- nor may eha44 the proprietor or manager of a any -eeeh public place, if it aeeh- peb4 *e -p4aee is a building structure, permit such drinking on the ep.en -hie premises. ��--- �#��a- eeE��- ee- ehel -�- yet- be- eeee�de�ed- ea- p�eh�b� -t�-eg -the d��n��ng- ef- �nte��eati- ng- �- i~ qee�- �n- a- be��d��g- et�eete�e -epen te- the- pt�b�� -e � - ��= etteh- btt��d�- �g- �e- ene -a►i- thin- w�i -�h- eel -ea -ef ��te��eat�ng-- ��eee�a -f e�- eeneempt�- en -en- the- p�e�i -aee -where �e�d -- awe- pe�m�tted -by- defy- �- �Eenaed- pe�aena- enders -thee ant�E -fie; - pne�� -ded� -- �ewe�e� -- that- d��e���g- �n- et�eh- a- bt���d�eg phal- �- be- pe���- tted- en4y -�-�- that- pe�t� -en -ef - the -b��l -ding eeezt�tuti :eq- t�►e- ��eeneed- p�em�eee -- and- enl- y- wi- th�-e- the -he�ne wheh- aa� -ee -ef - �nte��eat�ng- 4�gee�s- aye- pe���tted- and -fen -a pe��ed -ef- arse- ha�-f- been- the�eafte�--- ��ede -44bS; -�_ �: -�8�: ��8 _(b) This section does not prohibit--persons from drinking i ntoxi- catin li uor in a building licensed under this article for on -sale sales.. However,, persons are permitted to drink only in the portion of that building constituting the licensed premises, and only within the hours when sales of intoxicating-liquors are permitted and for a period of one -half hour thereafter. Cross .reference- Streets, sidewalks and public grounds, Ch. 29. Sec. 5 -68. License under article required, (a) It is eha44 -be unlawful for a any person to sell intoxicating liquor for consumption at any time or place within the corporate limits of the city without first having obtained a license se -te -de as provided in th-i s article. Seeh -ea4ee by- de4y- 44eeneed- pereene -are- hereby- perm4tted: (b) It is e4a44 -be unlawful for a any person, directly or indirectly, upon any pretense or by any device, to keep for sale o r 4ave- 4n- 44s- pesse -se4en to possess for the purpose of sale, any intoxicating liquor, ufi4ess- ea4d- pefsen-has- f4-rst ebta�eed- f�em -- the- e�- ty- a- �- �Eeese- ender- th�s- e�t�e4e- pe�r��tt�eg him- te- �e44 -nte�- Fang -4gt�e without.first having obtained from the city under this article a license to sell intoxicating liquor.�ede- 4�65�- STS,- -�B��- X49- ����-- .�4��T 14 Sec. 6 -69. Tax stamps or labels on containers of intoxicating liquor. (a) It is eha4-T-be unlawful for a any person to have- 4n -h4s peeeeee4en possess any intoxicating liquor without proper tax stamps or labels on the container thereof, as required by state law, (b) Nothing in this section prohibits the possession of fruit juices fermented in the home for family use. .(c) fermented malt beverages containing more than 4n- a *eeee -ef t ee- erg- twe- tentbe -kg: 24 33.2 percent of alcohol by weight or fear-k44.1 percent by volume, having the required amount of tax stamps as. required by state law on the container thereof, or case in which the same is contained, are not shaI4- net -be subject to the provisions of this section. (d) This section does she-14 not apply to intoxicating liquor poured from containers or bottles having thereon the required tax stamps and labels, into a any cup, glass or temporary shaker. Possession of liquor in one's own home only of a bottle or container not having state tax stamps thereon is she -14 not be a violation of this section, if the liquor i n said bottle or container sha44 -hare -been was poured from a bottle or container having thereon the required state tax stamps and labels; provided that, said bottle or container into which such liquor is poured is sha44 not be larger than one quart in size. No person may possess more than twe424 2 such unstamped bottles. kGede-4966r 8787-703 : 2- 404544844= Sec. 6 -70. Retail sale for beverage purposes of ethyl alcohol, neutral spirits, etc. 'The- feta44 -ea4e No person may sell at retail in the city for beverage purposes ethyl alcohol or neutral spirits; or substitutes thefefer thereof, possessing the taste, aroma, and characteristics generally attributed to ethyl a l c o ho f or neutral spirits are- seeh-- 4s- hefeby- pneh4b4ted -4n- the -e4ty. Nothing in this section prohibits the ma n u- f acture or sale of other products obtained by the use of ethyl alcohol or neutral spirits as defined-in U.S. Treasury Department, Bureau of Internal Revenue, Regulations 125, Article II, Standards of Identity for Distilled Spirts. • State law reference-Similar provisions, M.S. 340A.506. Sec. 6 -71. Hours of sale. �=- A�- a�:-m: �--- eel- rye- ��Ek� -��er� -gel- a "- �al- es- sk�a�l- l- -be- made ?erg- Tt#eeda�y� 1�ed�e�ey�-- Ti�e�e�ey�-- ���a�y- e�- �et�+�ey- betr�ee�- the - Keene -ef e�ee�t-- a�s- �a��- be- etl�er�i- se- ��e��e��-- ee�- sbal- l-- ��ek� -'-' 15 sere -be- made - art- e��►- ��t�e- e�- 8b��a�maa- Day: - -��- adds- �� -ee -te sba44- be- m�rde- betaveer�- Abe- �ett�g- ef- 8:- 88 -�r� r�: e�- the- 4a��- P4e�da�r -ef a. No sale of intoxicati_ng l i uor for consum ti on on the licensed premises may be made: 1 Between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday; (2) After 1:00 a.m. on Sunda s, except as p rovi ded b ._y Section 340A.504, subd. 3, Minnesota Statutes; Between 8:00 . m. on December 24 and 8:00 a.m. on December 25, except as provided by Section 340A.504, subd. 3, Minnesota Statutes. �b�__Ne_ "ef f- aa4e' -'- ea4e- ef- et�Eb- �- ��t#e�- aba44 -be- made -bel =eye tef- 8:-88 -P: m-- eta- Meedayr- Toedda.y;- Wedeesda ; y 9# -ef - 48x88 -� -m ee- 4day -eed -� day;- aed- ee -stteb ' -'ef f- ea4e' -'- ea4e -ref }- 44�t#e�-- eba44 -be- rude- a� -a��- time -ee gueday--- Ne_2eff- sa4e2-shal4 -be- made -ee- New- Yeaf -'a -Days ��eea�y -4; - �edepeedet�ee- Bay, -- deb -y -4; - Tbat��e����e� -bay; ed4fig- stieb- daye-- iRetbw4thsteed4eg- the- abeye- pfey4s4eee �'eff- ea4ee' - -'- may -be-- made- t�e�44- 48 =88 -� -m -; - e�ee��- that -ee f fief f- ea4e- '- sha44 -be- made- ee- 8eeembef -24 -af tef -8 00 -p -m: 1b) No sale of intoxicating liquor may be made _by an off -sale licensee: 1) On Sundays; 2 Before 8:00 a., m. on Monday through Saturda ; 13) After 8:00 , m, on Monday throw h Thursda and 10.00 P.M. on Friday and Saturda ; 4 On Thanksgiving Day; J-5) On Christmas Da , December 25; or f6) After 8:00 .m, on Christmas Eve, December 24. y g 16 tte - s- yet -perm tte - a -eeed� -teen- the- c�eb -�-�- epen -en4y grey- ��- gbt-- ����ts- �tg- sa�es- �tt��- ng- �tteh -t�- rye -te-- yen- �ete�� -- :: eati` e�- be�e�a�es-- �r�d- adr��te- �- aw- e�l'eweeme�t -e€f �- ee�s- wheee�e� State law reference -Hours and days of sale, M. S. 340A.504, subds. 2, 4. Sec.. 5 -72. Peinsefls- e44g4b4e- feir- -14eeeses- ale- ��eeese-- e�a4�-- be- �est�ed- t��de�- thy- � -a�t�- eke- te- ae�r-- pe�sen- et�e�- thae -a e4tee- e- tbe- Ueed- statee- tweety- eee -�2-�- ea -e€ -a e- e- ee- whe -sa44 y g �e- e1=- �eee- t�e�a�- eha�aete�- aed-- �epttte ;- ee�- te- �ae�- pe�see- whe -w�- the -f4ve- 4 5 4 yea��- ���- e� -te- the - apps- �Eat�ee- fey- �tteh- �- �eeese- has - beef- eee�� -eted- of -�aey �r�- �����-- ��e�at�ee- e� -aey- haw -ei=- the- �le� -ted- states -e�- the - state- e� -e� -ae y �- ee�r�- 8�d�eaeee- w�t�- �ega�d- te- tbe- �ae�l=aett��e ;- safe ;- d�st��bet� -ee -s� y p �vhe�e- ��eeese- tt�de�- the - state- �ete���at��►g- ���t�e�- set- sAia�- �- he- �e�e�ed --�e� ae�- �r���e�-- v�e�at�e�- e�- aey- stteh- haws -e�- end- �eaeees--- {.6ede- �9�� ; -S -S- 70-3:2-54- _Persons eligible to be issued licenses, Licenses under this article may be issued only to persons who are citizens of the United States or resident aliens and who are of good moral character and repute, who have attained the age of 21 years and who are ro rietors of P p the establishments for which the licenses are issued. State 'law reference-Similar-provisions, M. S. 340A. 402 1 ), (2), (4 )0 Sec. '5 -72A. Persons not eligi.ble to be issued licenses, No license may be issued to: LT) , No license may be issued to a erson who has had an intoxi- cati ng liquor or non - intoxicating liquor license revoked within five years of the license-application, 12) In addition, no new license ma be issued to, and the city council may refuse to renew'-the license of, a person who, within five years of the 1 i cense appl i ca -_ tion, has been convicted of a willful violation of a federal or state law or a local ordinance govern . the manufacture, u e, sale, distribution, or possession for sale or distribution of an alcoholic beverage. State law reference-Similar provisions, M. S. 340A.402. Sec. 5--73. Investigations of "on -sale" license appl i cants for issuance transfer or renewal of licenses, a The city shall, upon initial application under this article for an "on -sale" license or upon application for a transfer of an existing license, conduct a preliminary 17 background and financial investigation of the applicant. The application must sha44 be in the form prescri bed' by ,r the state bureau of criminal apprehension and with any stleh additional *information as the city council may e�ti *iae -requ res, If the city council or the bureau on its own initiative sha44- deteiam4ne determines that a comprehen- sive background and . investigation of the applicant is necessary, it may conduct the investigation itself or contract with the bureau for the investigation. In addi- tion, an investigation may be required prior to renewal of an existing "on -sale" license when the city council deems it to -be in the public interest te- de -se. (b) No " on- sale" license ma sha44 be issued, transferred, or .renewed under this article if the results of the investi- gation show, to the satisfaction of the city council, that issuance, transfer or renewal would not be in the Public interest. (c) An investigation fee shall be charged an applicant by the city in. such amount as may be imposed, set, estab- lished and fixed by the city council, by resolution, from time to time. State law reference-Similar provisions, M.S. 340A.412, subd. 2. Sec.. 5 -74. Licenses prohibited in certain areas. (a), No license may sha44 be issued under this article for premises located within the areas restricted against commercial use through zoning ordinances and of other pro- ceedings or legal processes regularly had for that purpose, except that licenses may be issued to fer- sa4e -4n restaur- ants 'in areas prerfl4ses which have -beeii were restricted against commercial uses after s4nee the establishment ,of seeh- ,restat*fants- thefe4e the restaurant. {b No license may sha44 be issued contrary to the provisions of any ordinance or any special law restricting areas within which intoxicating liquor may be sold. (c) 'No license may sha44 be issued under this article for premises or places in which the sale or use the -reef had- been- p -reh -+b4ted -by- the -state of-intoxicating liquor set is prohibited by Chapter 340A, Minnesota Statutes. kGede-4965r--Sr8r-7G37-T3G' 0447 State law reference-Similar provisions, M.S. 340A.412, subd. 4. Sec.. 5--75. Licenses in connection with premises of another; no more than one license for any one person. � �a-i Ale- 44eeese- shat- 4- be- 4sseed- undef- th4s- aft4e4e -te- any- pefsen ID - n- eenneet4en -w4th- the- pfem4ses- ef- ene:theia- te- wheni-ne 44eense- eee4d- be- +sseed- endeic- the- pfev4s4ens -ef - the-state �nte��eat�ng- 4��ee�- set;- p�e��ded- that; - this- p�e��s�en �hel -4- net- p�e�eet- the- g�aet�t�g -ef - a- �- �eense- te- a- p�epe� 0 �- eaaee- bar- �eaaee- of -tie- fact- t�a�- be- ��a44- 4eeae- p�e��aea -ef a- m��te�-- ee�- e�t�ee� -e� -a- pease- whe-- baa- beee- ee��t�ete� -ef . �r- e��- �e- et�ie�- hare- a -��e�- ate- eat -ef - tie- state- �ete�� -eati -tag 4��tte� -�aet- �b�- . -�}e- mere- t��re- eee- �- i `eeeae- aha44- be- i- aat�ed- t�nde� -phi -a anti•e$e- te- �re�t- pe�aen -�t�- tie- ei-t�: -- �8ede -�- X55 ---5 -� i . . Licenses in-connection with premises of another, An.intoxicatin li uor license may not be issued under this article to _a person in connection with the premises of another to whom a license could not be issued under the provisions of Chapter 340A, Minnesota Statutes. This rovision does not.-prevent the granting of a license to a proper lessee because the person has leased the premises of a minor, a non- citizen who is not a resident alien, or a person who has been convicted of a crime other than a violation of Chapter 340A, Minnesota Statutes, state law reference- Similar provisions to subsection (a), M. S, 340A.412, subd. 5. Sec. 5 -76. No more than one license for any one person or premises; unlawful to possess.interest in more than one license. (,a) No more than one intoxicating liquor license may s-ha44 be directly or indirectly issued under this article to any one person or for any one place in the city, (b:) It is unlawful for a aey person, partnership or corporation to knowingly have or possess a direct or indirect interest in more than one license in the city and upon conviction therefor the city council may immediately revoke all licenses in which the aeeh person, partnership or corpora- ______ tion has an interest. The term "interest," as used in this section, shall be as defined in Section 348; 43 340A.412, subdivision 3, Minnesota Statutes. kGede-4965r State law reference-Similar provisions, M. S. 340A.301, subd. 7; 340A.412, subd. 3. Sec. 5-77, Posting of licenses, A license issued under this article must aba44 be psoted in a conspicuous place i n the premises for which it is issued. State law reference-Similar provisions, M, S. 340A, 410, subd. 4. Sec. 5 -78. Licenses in drug stores. ale- �- �see�e- ��a�4�- be- g�aeted-- eede�- t��s- a�t�e4e- te- aey- pe��ee- wee-- epe�atea a- ��= ��- ete�eT- eet��- e�e�- pe�eee- ��a44- base- epe�ated- et�eh- ete�e- eeet�t�eet��4y f e� -a�- peg = sed --ef - twe- ���}- yea�e�- e�- s�aa4�-- �a�e- pe�e�aeed- a- d�t�g -ete�e =that ��a� -1-- base-- beee- �e- ee�t�eeeue- epe�a�t�ee -f e�- twe- ���- yea�e -e� -mere= 19 No license-may be issued under this article to a erson operating a drug store unless the erson has operated it.for at least two ears or has purc hased a drug store that has been in continuous o eration for two or more years, State law reference - Similar provisions, M.S. 340A.412, subd.- 3. Sec. 5 -79. federal permits as a condition to license, No l i cense granted - under this articl e shal l be of f ecti ve unti l - a permi t is 5ha44 -be issued to the licensee under the laws of the United States, if such a permit is be required under the laws of the United States, State -�-aw -ref e�eeee- Simi- �- a�-- p�e���� -eee; -P4 � 5- -848A- Sec.. 5 -80. Responsibilities of licensees as to licensed and adjacent premises; gambling, prostitution, etc. ; age requirements for employees; exceptions. (a) Svefy A licensee under this article is eha44 -be responsible for the conduct of h4a the licensee's place of business and for conditions of sobriety and order therein. (b) No licensee under this article mad aha44 keep, possess or operate, or permit the keeping, possession or operation of, on the licensed premises, or in any room adjoining the licensed premises, a efiy slot machine, dice or any gambling device or apparatus, nor permit any gambling therein, nor permit the licensed premises or any room in the same, or in any adjoining building, directly or indirectly under its control to be used as a resort for prostitutes or other disorderly persons; except that, gambling devices may be kept or operated and raffles conducted on licensed premises and adjoining rooms when such activities are licensed by the local unit of government pursuant to �eet4ee- 849:2.6 Chapter 349, Minnesota Statutes. (c) No person under f4eeteee- {494- e�ghteee4484 18 years of age aha44 be employed in any rooms constituting the place in which intoxicating.liquors are sold at retail "on- sale;" except that, persons under e4eeteee -k494 e4ghteee -J484 18 years of -age may be employed as musicians or to perform the duties of a busbey busperson or dish washing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail "'on-sale." kGede--T965-r--S79-r-7037-T4G - ode - -885- S -S: State law reference- Similar provisions, M.S. 340A.412, subd. 10. 20 Sec. 5 -81. operation of coin - operated amusement devices by minors in barrooms, coin - operated amusement devices may not be used by a any 'person under the statutory age of majority in an any intoxicating liquor dispensing barroom in the city licensed under this article. 6- 4- -7r.4; Sec. 5782. Racial discrimination by clubs. Notwithstanding any provisions of law to the contrary, no license for the It or "off - sale'' of intoxicating liquor sha44 be issued or renewed by the city under this article to a any club which discriminates against members or applicants for membership or guests of members on-upen the basis of race.e�- �ttpeeea -ef- this- seeten�- the -ems- used- he�e4n -sha44 -hare -the meas-- asebed -te- them- hy- �eetien- X48- 48� -�-- Poi- eeaee- St�attrtea . State law reference -Simi 1 ar provisions, M.S. 340A.410, subd. 6. Sec.. 83. Transfers of licenses; transfers of corporate stock; change of corporate officers. (a) No license granted under this article may be transferred sha44 -be transferred from person to person or from place to place without the consent of the council, which consent shall be by resolu- tion passed by the council, (b) Where a license i s .herd by a corporation, a change in ownershi p of 10 percent or more of the stock of the corporation must be reported in writing to the city council within ten days of the transfer. (cO The transfer of stock in a any corporate license shall be deemed a transfer within the meaning of this section, and no such trans- fer of shock 4A-a-4 be made wi thout' the consent of the council. It is hefeby -made the duty of the officers of a any corporation holding a license issued under the authority of this .article to notify the council of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer shall be effective without the consent of the council given in the manner set forth above abeye- set- feiath. The transfer of any stock without the knowledge and consent of the council shall be deemed sufficient cause for revoca- tion by the council.of a any license granted to such corpora - tion under the authority of this article. (d) Such corporate officers mentioned in Subsection (b) of this section must notify the council whenever any change is made in the officers of any -seeh the corporation. any# -the Failure to so notify the council is sha44 likewise be sufficient cause for revocation of a any liquor l i cense granted to such corporation. (Code 1965, S. S. 703.180). State law reference- Intoxicating liquor license may be transferred with consent of issuing authority 4ssu4ng -4t . M. S. 340A.412, subd. 9. 21 Sec. 5 -84. Suspension or revocation of licenses issued under article. The authority issuing or approving a any license or permit pursuant to Chapter 340A, Minnesota Statutes t and th'i s .article may e4theip suspend for eet -te -e *Feed up to e4Ay4684 60 days or revoke the eeeh license or permit or impose a fine of up to $27,000 for each violation, open on a finding that the licensee or permit holder ha.s violated -fa4-Ted- te- eemp4y- w4th an aey applicable statute, regulation or ordinance relating to intoxicating liquor. No. suspension or revocation shall take effect until the licensee or permit holder has been afforded an opportunity for a hearing pursuant to Sections 14.57 to 14.69 of the Administrative Procedure Act. kGode-4965T-87-S7-703722047 State law reference-Similar provisions, M.S. 340A.304. Sec. 5 -85. Temporary liquor licenses-Non-profit organizations. Notwithstanding any other provision of this chapter, a club or charitable, religious, or other non-profit organization in existence for at least three k-3) years may obtain an on -sale license to sell intoxicating liquor for consumption on the licensed premise only and in connection with a social event within the city sponsored by the licensee. The license may authorize on -sales on the premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxi- cati ng liquor catering services with the holder of a full year on-sale intoxicating liquor license issued by the city. The fee for such license i s per day, and shall be issued for not more than three X34 consecutive days. No organiza- ti on sha44 be granted more than two k24 such licenses per calendar years kOrdr-Ner-608v--97-S7-4-r-8-24-8747 Cross reference-Authorized activities of certain non - profit organizations, S.S. 15 -26, et seq. State law reference - Similar provisions, M. S. 340A.404, subd. 10. Sec. 5 -86. Same - Application. Application for such temporary licenses shall be on forms provided by the city clerk and shall contain such information as specified by the city clerk including the following: (1) The name, address and purpose of the organization, together with the names and addresses of its officers. (2) The purpose for which the temporary license i s sought, together with the place, dates, and hours during which w4ne er intoxicating liquor will be sold. (3) consent of the owner or manager of the premises, or person or group with lawful responsibility for the premises. - �-- 8- 24 -8��- Secs. 5 -87 to 5 -95. Reserved. 22 DIVISION 2. "ON- SALE" AND "OFF- SALE" LICENSES Sec. 5 -96. Established. There are hereby established the following city intoxicating 1, uor licenses: (1 "On-sale," "Off - sale." (3) - "Limited off-sale." Sec. 5 -97. Amount of license fees. The amount of the license fee for each • division h type of license , s�sued under this all be such amount as may be imposed, • by the city council, b re P set. established and fixed y so 1 ut i on, from time to time. gad: -Ale: -4•�6; -5 -�; _.}� - 4- �8- ��� -8� 9 ��9 �4, Sec. 5 -98. Sunday- se4ea- 44eenses- -!' - . �et� efl �a•�e �- �eeeseea- The- hel-der -ef - ae-- "e_aa�e'- '' -�-- - � •�•�eet�ae ttnde�- t��- e- a�t�- e� -e--ma -a �- - ��e- eettee� -� -f e�- a- S�addy-- �a•�ea- •��- ee�ae- _ _ ee•��- �•teeat -e -•} ' _ ��aant to r�- e- aeeh- _-�-eensee -ray �•�ue� betweeee- the- hettr --e€- 888 -a; �- -sad- - • e�- S�adaya- �e- eee�tteet�- ee- w�•t�- - ��.88 ��•de��ht etteh- 44eeeae- aha�- �• -be- rude --at- the- eat�e- e� t� -rye- and- tt�et�- tie- aar�e- a���- �•eair� -ee -aa ir�e�eef - -- _ _ _ P� � f e� ��a ea aa�- e-- ��•eeeae-- e�- �°e�ewa�- �f the f �-�a� ap��- �- eat�•ee -f e�- a- Streda - ��e-- t�r�e -f e�- �et�ew� -e - -' -' _ � � y ea�•ee- �- �- ee�ae -�a-- rude -bef eye � tie en eat- e-- �- �eenae; - tie- •e•�e�� --rya - .� • et����er�et�ta�y- a���•�ea�� -ea -� - r�eaaa- - • y P e�t�de- €e� -� Stteda -} ' _ y of w��•e�- the- a��•}�- ea��e� -f e� -tie -a ee� -e�- �' � -eeaae a#�a�•�- -fie- grade--- �e- etre�- Sttt�da - aa�ee -•��- _ - -� �e- ��y_ "e�_aa�e'- ''- �•�- eenaee- tt�� -e� - - y ee�ae eha�� �e �•aet�ed e ette� ��eeaaee- �•,e- e�e�at�•e� -a- beta -f �-de �ee�a��e�t- ae���eg- mea�a -�e tt�a��• -t - - . ee���e --art- _ _ � y e tie ��tb� -�e- aid- �a��eg -f ae�•��- ��ea -€e� � �eaat th��ty �88�- d�•t�e�a -at- the- aar�e- - -- _. �-�gtre�- ray- be- ee��ed -e - t�r�e. 8ede� e�e�- �•�- eeeee; e S�aday�- eal- y- te- �ee�l•e- seated -�t -yea ��•��- ��- �°eet�- tabs -ea: -- -- -- -- - -- __ _ ta��a�t -e� 8�d ---Ale s -S8 -- - -- -- - f 3. S�-•�, 9 25 S� , �� S.S. �-. �• 8� -8g�- State-- 4aw- refereeee- Aether4t -fey- - • y abe�e aeet�ee - -pq: S-- 848A -S84- Sunday sales licenses for "on -sale" ' licensees. The holder of an "on -sale" liquor • license under this article ma a 1 eounci 1 for a Sunda sa 1 es license. T to the The cit council may after one public heari n rant an . on -sale lice • nsee a Sunda sales license Permitting the licensee to sell intoxicatin 1 i uor between the hours of 10:00 on 1:00 a, m, on Mondays in con 'unc Sundays and t,on with the sale of food, Provided that licensee is in conformance the e with the Minnesota clean air act. An a ' for a Sunda sales license must be m i,cat,on made at the same time and on the same application as the 'on-salew licensee uses to ap2ly for an on -sale license *Cross reference - Licenses enerall � y, Ch. 17. 23 or renewal thereof. If the first application for a Sunday sales license is made before the time for-renewing the on -sale license, the clerk - may provide for r i ■ � -■ ter.■.■ �.�.■■ A. special su 1 ementar __ap.pl i cati on for the Sunday-1-Sales license. No Sunda sales license may be issued to an on -sale license unless the licensee operates a restaurant serving meals regularly to the public and having facilities for serving at least 30 diners at the same time. Under a Sunday sales license, li uor may be served on Sundays only to people seated at restaurant or dining room tables. State law ref rence- Authority for above section, M.S. 340A.504, subd. 3. Sec. 5 -99. Special club licenses-Generally, An ''on -sale" liquor license may be issued by the council to a bona fide club which has been in existence for twenty -204 20 years and which is de4y incorporated under the laws of the state. In the case of congressionally chartered veterans' organizations, such clubs shall have been in existence for tef440 } 10 years prior to January 1, 1961. kGede-4965-r--S-r8r-703rO-TQ47 Sec. 5 -100. Same-Sales limited to members only. Any special club license issued under Section 5 -99 of this division shall be a license for the sale of intoxicating liquors to club members only. Sec. 5 -101. Same- Un4awfa4- d4sef4m4nat4on- by- 44eensee7 {a�-- �- t- ��- ut�� -earf tt� -f e�- grey- ��eee�ee- trede�- Seet�- ee- 5 -99 -ef - tb�e- d�- ���� -en te- d�ee��m�n� rte -ega�- net - any- pew�en-- e�- g�eep -ef - ee�een�-- beeetree -ef - ��aee -e� eel- e�--ef - �ueb- pe��en- e�- g�et�p- e€-- pe�eene- �- n- �- te- r�embe�eb�p- esnd�t�en� -sue i*egtt +fements- �b.�-- �t- �- �- t�n�ewf tt� -f et°- any- �- �een�ee- t�nde�- ea�d- Seet�en -5 -�9- to -gee -any �e�r�- e�- �ap���Eet�en- i= e�- r�embe����- p- s�- r�ar�e- any- �eee�d- e�- �egtt��y- �n- ee�neet�en w�-tb- apps- �e�at� -en- fey- membe�e��p- eenee�n�- ng- �eee -e�- eel -e�: -- {- 8�d-- �e- -3,8�- Same-Unlawful discrimination by licensee, a) It is unlawful for a licensee under Section 5 -99 of this division to discriminate against its members or applicants for membershi p w or guests of its members on the basis of race. (b) It is unlawful for a licensee under Section 5 -99 to use a membership application form containing any questions about race, or to make any record or inquiry about race in connection with an ■application for membership. State law reference-M.S. 340A.410, subd. 6. Sec. 5 -102. Same - License fee and application. The license fee for a special club license issued division shall be in such amount as may be imposed, the city council, by resolution, from time to time, 24 under Section 5 -99 of this set, established and fixed by and the applicant shall make appl i cation therefor on a form to be furnished by the clerk. This application shall be in substantially the same form as an application for a public "on- sale" liquor license. kGede-4965r--Sr-Sr__7@-3r0404r Sec, 5 -103. Same - Licensee subject to all Code provisions applicable to to i ntoxi cati ng liquor 1 i censes. The holder of a license issued under Section 5 -99 of this division is SM44 be subject to all of the provisions of this Code pertaining to the i ssuance of intoxicating l i quor licenses. k Sec. 5--104. Same - Bonds. No special club license maw she-T-T be granted under Section 5 -99 of this division until a bond in the amount of thee- theteand- deb- ae -�3, 889.. -98 } 13,-000 has been furnished, approved and filed by and with the proper city officers. The surety on such bond shall be by a surety company de-Ty licensed to do business in the state, and the city attorney must bend- sha -T4- be- eppfeved approve_ the as -te form and execution of the bond bar - the- e�ty- atterneyr All -bonds when approved by.the proper city officers must aba44 be deposited with the city clerk. Such bonds shall be conditioned in the same manner as the bonds provided for in Section 5 -109 of this division relating to the sale of intoxicating l i q uor. kGede-4965T-97-s-C-703706047 Sec, 5 -105. Application- Generally; payment of license fee, etc. (a) A Any person desiring a license to sell intoxicating liquor in the city shall make a h4s verified written application 4n- wr4t4ng to the city council and must aha44 file i t the -safne with the city clerk. The Seeh application form must she -14 require that the following information i venon b set -ferth -open the application, along with and such further information as- may- be- rege4red -bar the state commissioner of public safety, the council or the clerk may require: (1) The applicant's name and place of-residence, (2) The location of the premises on open which the applicant proposes to sell intoxicating seeh liquor and an exact description of the particular place within the building structure where such sales are proposed. (3) Whether the applicant has ever been engaged in a similar business, and, if so, the location thereof and the dates when so engaged. The application must_ ehal- -- be signed and verified by the applicant in person, and, if the applicant is a corporation, by an officer of the corporation. (4) If the applicant is a_ corporation or club, it must attach a copy of its byl aws. A- eepy- of -the by���ve -ef - an�r- ee�penat�- en- e� -p��- Mate- e�ttb -vrh� eb e- an- app�eant- eba4�- be- attaebed- -and No license wi l l be issued to the applicant if the eeeb bylaws express directly or indirectly any limitation or discrimination on the basis of as -te race of -ee;ef, . 25 (b) Upon receipt of the application and the proper amount of the license fee, the clerk must give she- - -T- deb- +Yer -te the appl i- cant a receipt theiaefer--- wh4eh- reee4pt- sha-14- eeete4n co tai ni n . a statement of the purpose for which sueh- depes4t was -made the deposit was paid. kGede-1969r-8r8-r-703708GA9- Sec, 5 --106. Same - Investigation of applicant; inspection of P remises; council hearing; grant or denial of license; etc. (a) The city clerk must immediately transmit an application for a license under this divisionhe1 - -be -f ethwth- taeemtted by- the -- a4ty -e4efk to the di rector of public safety for �h4s investigation, wh*eh- eha44- 4ae4ude including inspection of the premises by the fire marshal and a search to determine whether or not the applicant has a police record. (b) Upon completion of the investigation under Subsection (a) of this section, the director of public safety shall report the hoe findings to the city council at a public hearing on, the ee4d application held according to law, (c) The city council must e4ia44 either grant or deny PP the a 1 i ca- ti on for a license under this division after the public hearing held under Subsection (b) of this section. kGede-4965-r �. -5J State law reference - Investigation of "on -sale" license appl i cants, M.S. 340A.412, subd. 2. `sec, 5-107, Same - Granting; "on -sale" non - intoxicating malt beverage license to be surrendered before issuance of "off -sale" intoxicating liquor l i cense; state and city council approval of bonds and licenses; etc. ,O Where the application under this division is for an "off- sale "# liquor license and the applicant holds 4e- the- he4def -ef an 'ton -sale" non - intoxicating malt liquor 1 i cense hei*etefefe issued by the council te- ee��- etreh- eee-- eteeati -g- malt- -gtte� f e�- eeeettmpt ee -eta- the -p em aee; the council ehaP not grant etteh an "off -sale" liquor license unti 1 the applicant surrenders hoe the 44eeeee- to -eeP "on- sale" non - intoxicating malt liquor license f ef- eeeattmpt4ee -eti- the- preni+ses: (b) If an "off-sale" license is granted under this division, the resolution granting it must she-1-1 direct the clerk to issue the license whenever the bond required by this division has been approved by the council and the state commissioner of public safety, and the commissioner he advises the clerk that he or she approves of issuing the- 4eauaeee -ef- the- 44eense to the -particular appl icant a license, (c) If an "on- sale" license i s granted under this division, the -resolution of the city council must eha44 direct the clerk to issue the license same whenever the bond required by this division has been approved by the council. kC9de--T969, S,-SV - -7 Q34V- T _1C7)T 26 State law references-"Off-sale" intoxicating 1 i quor license prohibited for place where non - intoxicating malt beverages sold for consumption on premises, Vii. S., 340A. 412, s u bd. 6. regtt- -cement- that - state- eemm4ss -+etier -ef - pebl- +e -eaf ety ����-- appre�e -" of f- sere'-'- ��te��eat��g- �- �gtter- �- �- ee�aes- aced - beds; -P4 S-- 348�l. 41.2 heef- by.- sty- eettee --1: S: - 848A: 4-T- -subd: Sec. 5 -108. Same- Denial of license; deposit for license fees to be refunded; investigation fees and charges non - refundable. Should the application for a license under this division be denied set -be @ranted, the resolution denying the license same- sha --1T must authorize and direct the proper city officials to refund to the applicant the deposit for 'license fees made when the application was . f i 1 ed gat- the - t4me -ef- the- f4 ;4 "g -ef -the- app -Te4at4en. Any amount paid by the applicant for the conducting of an investigation of the . appl i cant shall be -kept -and retained by the city. ►c,. 5--109. Bonds required from licensees. (a) No "on -sale license under this division shall be granted until a bond in the amount of three thousand dollars ($3,000.00) has been furni shed, approved by the city council and filed with the proper city officers. Such bond shall cover both the regular "on -sale" license and any Sunday sales license issued to the same licensee. (b) No "off -sale" license under this division shall be granted .until a bond in the sum of one thousand dollars ($1,000.00) shall be furnished and approved by the state commissioner of public .safety and the city council, and filed with the :proper city officers. (c) The surety on a bond required by Subsection (a) or (b) of this section shall be a surety company duly licensed to do business in the state, and the bond shall be approved as to form and execution by the city attorney. (d) All bonds required by Subsection (a) or (b)-of this section, when approved by the proper city or state officers, shall be deposited with the city clerk. (3) All bonds required by Subsection (a) or (b) of this section, whether * for an "off -sale" or "on- -sale" license, shal 1 be conditioned as follows: (1) That the licensee will obey the law relating to such licensed business. (2) That the licensee will pay to the city, when due, all taxes, license fees, penalties and other charges provided by law. (3) That in the event of any violation of the provi- sions of any law relating to the business for which the license has been granted for sale of intoxicating liquor, such bond shall be forfeited to the city. 27 r (4) That the licensee will pay, to the extent of the principal amount of such bond, any damages for death or injury caused by or resulting from the violation of any provisions of law relating to the bus i ness ' for which such licensee has been granted a license, and further conditioned that. such recovery may be had also against the surety on his bond. The amount specified in any bond required is declared to be a penalty and the amount recoverable shall be measured by the actual damages, provided, however, that the surety thereon shall not, be liable for any amount in excess of the penal amount of the bond. (5) All such bonds shall be for the benefit of the obligee and all persons suffering damages by reason of the breach of the conditions thereof. Such bonds shall run to the city as obligee, and in the event of a forfeiture of any such bond for violation of the law, the District Court of Ramsey County may forfeit the penal sum of the said bond, or any part thereof, to the city. (Code 1965, S.S. 703.080; Ord. No. 229, S. S. 3, 9- 26 -67) . State law reference - Amounts and conditions of bonds furnished by "off - sale" and "on- sale" intoxicating liquor licensees, M.S. 340A.412. Sec. 5 -110. Certain premises ineligible for license, (a) No "on-sale"-license may sha44 be 4n4t4a44y issued for the first time under this division for premises located within ene- theeeand � feet of a any church or school building er- ehereh bu44d4ng- 4eeated- w4 -th4n in the city. (b) No "off -sale" license ma slta44 be 4n4t4a44 issued for the � y first time under this division for premises located within eee- heedred44884 100 feet of a any church or school building in the city, (c) No "off -sale" license m shear be issued under this division for a any place where non - intoxicating malt beverages are sold for consumption on the premises. �Oede- 4966; - S- S - -9�: x-39 k;?4r4-344r State law references - Authority for subsections (a) and (b). M.S. 340A.412, subd. 4. Sec, 5 -111, Duration, All licenses granted under this division sha44 -a44 expire on December 31 04rty -feet of each year. {Oede- 4966 - -5: S: - X88- �g8}T 0 Sec.-5-112. Extent of licensed premises. No "on -sale" or "off -sale" license issued under this division is eba ; -T-be effective beyond the compact and contiguous space named there for which the license same was granted. Licensed remises are the remises described in the approved license application_ Oede- -1965; -5 - X88 -88- State law reference - Similar provisions, M.S. 340A.101, subd. -14 15. Secs. 5 -113 to 5 -125. Reserved. - - DIVISION 3. 11ON -SALE WINE LICENSES''' Sec. 5 -126. Definitions, For the purposes of this division, the following words and phrases she-P have the meanings respectively ascribed to them: "On --sale wine licenses ": Licenses authorizing the sale of wine not exceeding feerteen4444 14 percent alcohol by volume, for consumption on the licensed premises only, and in conjunction with the sale of food. Restaurant: An establishment other than a hotel, under the control of a sing 1 e proprietor or manager, bey- eg- app�e�- ate -aei -- tee- €e- eeeg- �ee� -e and-- seettag -ftet -f ewer -than- twenty -f 4ye- 254 2 5 t :ty- {88- }- gtteete- at -eee -t aed where *e- eefte4defet4ee -ef - payfeet- tberef of , me a 1 s are regularly served at tables to the general .public aed- wh4eb- enp4eye- en- adegeate- staff- te- prey4de tie- treta� -- and -ee�- table- ee�t�- ee- te-- te- gtteete, and which has seating capacity for not less than 30 guests. .Sea The usual and regularly available seating accomodations for guests of the establishment to sit at tables for the purpose of eating meals. Cross reference-Rules of construction and definitions generally, S.S. 1 -41, et seq. State law reference - similar definitions of the terms "on -sale wine licenses" and "restaurant," M.S. 340A.101, subd. 25, 340A.404, subd. 58 Sec. 5 -127. Required; exceptions, .No person, except wholesalers or manufacturers to the extent authorized under state license, the municipal liquor dispensary and those having an "on- sale" intoxicating liquor license issued under Division 2 of this article, shall directly or indirectly deal in, sell or keep for sale any wine without first having a license to do so as .provided for in this division. 4 *Cross reference - Licenses generally, Ch. 17. , State law refere.nce - "On -sale wine licenses," M.S,, 340A.404,, subd. 5. 29 Sec. - 5 -128. issued only to restaurants. "On -sale wine licenses" shall be issued only to restaurants meeting the requirements of this division. . ( Ord. No. 451, S. S, 707.020; 9 -7 -78) . State law reference -City may issue "on -sale wine license" only to restaurant. having facilities for seating at least 25 iiet -f ewer -thafi- twenty -f 4ye -kg54 t 4fty—k391 guests at one time, M. S. 340T.4049 subd. 5. Sec. 5 -129. Number unlimited. An unlimited The number of "on -sale wine licenses" wh4eh may be issued under this division sha44- be- tifi4m4ted. State law reference - Authority of city to i s.sue "on- sale" wine license" to any restaurant having facilities for seating at least he- fewef -than t-weaty -f 4ye -{ 264 25 guests at one time, P4: 5 -- 349. - - -- -� bd 38- E� M.S. 340A. 404, subd. 5. Sec. 5 -130. Applications; payment of annual license fee; refund of license fee upon rejection or withdrawal of application; no additional license fee upon incorporation of licensee. (a) The annual license fee .must sha44 be paid in full before an application for a license under this division is accepted. (b) Upon rejection of any application for a license under this division, or upon withdrawal of an application before approval of the issuance by the city council, the license fee must ehaT4 be refunded to the applicant. (c) Where a new application is filed as a result of the incorpora- tion of an existing licensee, and the ownership, control and interest in the license under this division are unchanged, no additional license fee will be required. k 5 -131. Approval by state commissioner of public safety. .Licenses issued pursuant to this division shall not be effective until approved by the state commissioner of public safety. State law reference -Simi 1 ar provisions, M. S. 340A.404, subd. 5. Sec, 5 -132. Annual license fees. (a) The annual license fee for an "on -sale wine under this division shall be based upon the of the establishment to be licensed. Those shall be in such amounts as may be imposed, and fixed by the city council, by resol uti of time, license" issued seating capacity license fees set, established 1, from time to (b) All license fees under this division shall be paid into the general fund of the city. k24T-9_7_7847_ 30 Sec. 5 -133. Hours of sale of wine. Holders of an "on -sale wine license" issued under this division must �ha44 at all times observe the following restrictions upon the hours of the sale of wine. No wine may be sold sa4e- ef- w4ne- ehe14-be -rude after 1:00 a, m. on Sunday until 8:00 a.m. on Monday, or she4 -T-be -made between the hours of 1:00 a. m, and 8:00 p.m. on the day of any statewide or city election. No wine may be sod sa4e- ef- w4ee -sh a44- 5e -mede between the hours of. 1: 00 a, m. and 8:00 a, m. on any weekday, Monday through Sunday. (Ord. No. 451, Se Se 707.0309 9 -7 -78) . Sec. 5 -134. Duration. All licenses issued under this division e4ia44 expire on t4ie- th4rty -f4ret dad-.ef December 31 of each year. (Ord. No. 451, S.S. 707.070, 9- 7 -78). Sec. 5 -135. Temporary wine licenses-Non-profit organizations. Notwithstanding any other provision .of this chapter, a bona fide non-profit charitable, religious or veterans organization may obtain an on -sale license to sell wine not exceeding fettrteefi-{444 14 percent alcohol by volume for consumption on the licensed premises onl y The. fee for such 1 i c e n s e is 135 per day, and licenses shall be issued for periods not to exceed three �3 consecutive days. No organization ma she-T4 be granted more than two k24 such licenses per calendar year. (Ord. No. 608, S.S. 29 8-24-87) Cross reference- Authorized activities of certain non - profit organizations, S.S.. 15 -26, et seq. Seca 5 -136. Same - Application. Application for such temporary licenses shall be on forms provided by the city clerk and shall contain such information as specified by the city clerk, including the following: '(1) The name, address and purpose of the organization, together with the names and addresses of its officers. () The purpose for which the temporary license is sought, together with the place, dates and hours during which wine will be sold, (3) Consent of the owner or manager of the premises, or person or group with lawful responsibility for the premises. Sec. 5 -137. Same - Application of other provisions to Sections 5 -135 through 5 -137. The following provisions of the Maplewood Code shall not apply to temporary wine licenses granted under-Sections 5 -135 through 5 -137: Sections 5 -1.28, 5 -13011 5 -1319 5 -132 and 5 -134, Secs. 5 -138 to 5 -145. Reserved. 31 DIVISION 4. BOTTLE CLUBS* Seca 5 -146. Definition. For the purposes of this division, a bottle club is a "club," as defined in Minnesota Statutes, Section 340A.101, subdivision 7, or an unincorporated society which, except for its lack of incorporation, otherwise meets-the requirements of a club, as defined in such section and subdivision, and which is not licensed for the sale of intoxicating 1 i quor, either "on- sale" or off-sale," or both. J Cross reference -Rules of construction and definitions generally, S.S. 1 -41, et seq. State law reference - Similar provisions, M.S. 340A.414, subd. 2. Sec. 5 -147, Storage and labeling requirements for intoxicating l i quors; age requirement to store, consume, display, etc., intoxicating liquor, etc. (a) A bottle club holding a permit issued under Minnesota Statutes, Section 340A.414, subd. 2, may allow members to'bring and keep a personal supply of intoxicating liquors in lockers on the club's premises aaa4g "ed- te- sue4i- membefa. A bottle club or any unincorporated society which has aha-14 -have more than f4fty -k504 50 members and which has alia44 -have, for more than a year, owned, hired, or leased space in a building of such extent and character as may be suitable and adequate for reasonable and. comfortable accomodations for its members, and which holds a permit issued under Minnesota Statutes, Section 340A.414, may allow members to bring and keep a personal supply of intoxicating liquors, in lockers on the club's premises ess4gned- te- aeeb- members Every bottle, container, or other receptacle containing intoxicating liquor stored by members must she44 have attached to it a label signed by the member of the club. All liquor on the premises of the club must she-1-1-be labeled as herein , required, and any not being actually used or consumed by the owner thereof must ehaP be kept in a locker designated to the use of such member. (b) It is she-T-T-be unlawful for a a "y club member under fii-fieteefi- k -194- -twe"ty- a "e -k24� 21 years of age to be assigned a locker for the storage of intoxicating l i quor, or to consume or display or be permitted to consume or display intoxicating liquor on any premises owned or controlled by such private club holding a permit-issued under Minnesota Statutes, Section 340A.414 340A: 44ra. Seca 5 -1481. Required state permit to be issued only after approval by city council and payment of local license fee to the city. It is unlawful in the city for a -apy bottle club or for a &ny business establishment, directly or indirectly, or upon any pretense or by any device, 'State law reference-Bottle clubs, M.S. 340A. 414. 32 to allow the consumption or display of intoxicating liquor or the serving of any liquid for the purpose of mixing of intoxicating liquor without having .first obtained a permit therefor. Such permit may be issued by the state commissioner of public safety, after approval by the city council and the .payment of the local license fee therefor imposed by the city council, pursuant to Minnesota Statutes, 8eet4en -848A-r 446 340A.414, subds. 5-and .6 for -a period of .one year to expire on July first, next following issuance of such license, and must be renewed annually on July first. Application for such permit ,.must she-1-1 be made to the state commissioner of public safety. State law reference - Similar provisions-, 8. - -840A 7448 M.S. 340A.414, subds. 5 and 6. .secs 5 --149. Local annual license fee imposed. 'Whenever a any person, association or corporation, owning or operating a -any private club or public place in the city applies for a permit -from the state _commissioner of public safety pursuant to Minnesota Statutes, Section 340A. 414, subd. 6, the etteh applicant must aha -T- -- be- iaequ4 -Fed-te obtain the approval of the city council and must to pay to the city a local license fee wh4eh -4s 4iefeby- 4fnpeeed -4n- the- ameunt of for any one year, or any part thereof, expiring on the subsequent July first next foi i owi ng the issuance of the sueh license. The 8a4d permit, council approval and local license fee payment must be renewed annually on July first. .If such permit is applied for by a non - profit organization or by a governmental unit, the operation of which is determined by the council to be of civic benefit to the city, then the council may approve the issuance of a- permit to the.seeh non - profit organization or governmental unit at an annual local license fee of not less than $5 per year; provided that _thee .permit is for less than five 44 days per year. kGede-4965-r-S-A-r State law reference- Authority conferred upon city council to impose a local license fee not exceeding three- httndiaed- de44are -{ $300r@04 340 per year on bottle clubs holding state permits, M.S. 340A.414, subd. 6. Sec. 5 -150. Neeioe- el=- eefleempt4en- er- d4ep4ey- ef- 4ete *4eat4nq- 44gtte - We- pe�een- eha44- eenett�e- e�- d�ep4ay-- e�- a44ew- eenettmpt�en- e�- d�ep4ay -ef �- nte��- eating- �- �gtte� -en- any- p�em�eee -ef - a- bett4e- e4ttb- e�- a- be��nese- eatab� -�ah- �eet- he4d�ng- a- penmi- t- �- eett ed-- ttnde�- P�i•nneeeta- 8tattttee-- BeEt�en -848: 449, between- �#�e- he��a -ef- 488- a- m-- aed- 8:- 88- a -r� -; - e�- beta�eee- the- hett�a- e€- 4:- 89 -a -m. ���- �:- 88 -p -�: - ee-- Meme��a4 -0e�+; - e�- betweee- t�►e- hee�a- e€- �:- AB -a -m: - and- 8: -89 -p: m. ee--ga y- state- eic- e4ty- pr4mafyr- spee4e4- er- geeere4- e4eet4en- day- he4d -4n- the -e4ty- State-- �a�r- �e€e�enee- 8�m- �4a�- p�e��e�ene; Hours of consumption or display of intoxicating liquor, No establishment licensed under Minnesota Statutes, Section-340A.414, may permit a person to consume or display intoxicating liquor, and no person may consume or display intoxicating liquor between :00 a.m. and-12:00 noon on . un ays or between 1:00 a.m. an d 8:00 a.m. on Monday through aturday, or between a.m. and 3:00 p. m. .on Memorial Day, or between 0 a.m. and :00 p.m. on any state or city primary, special or general election day .held in the city, State law references -Simi 1 ar provisions, M.S. 340A.504, subds. 5 and 6. 33 Sec. 5 -151. Prem4ses- epee- fef- 4nspeet4ee Aiiy- euO . er4ted-peeee-ef f4eere; - -Ref usel- te- perm4t- the -eet� i4ss4eoer -ef - pub44e- safety aed-- ��a- deargt��rted- agents- e�- etherdtt4y- �at�tbe�� -eed- pewee- ei=l= �ee�a- fe -eete� -aye ���peet- the- p�em�- wee- eha�4- be- a- ��e4at�en Premises open for inspection. A bottle club or business holding a permit issued under Minnesota _Statutes_, Section 340.414 i's o en for inspection by the . commissioner of ubl i c safet and the commissioner's representative and by--Peace officers, . who ma enter and inspect-during reasonable hours. Refusal to permit the commissioner., the commissioner s representative or a peace officer to enter and inspect the premises is a violation. State law reference-Similar provisions, M.S. 340A.414, subd. 7; 340A.9076 Sec. 5 -152. Approval of city council for permit not to be given if holder of federal retail liquor dealer's special tax stamp is on board of directors, etc., of bottle club, or owns business establishment, etc. No approval by the city council of a permit required by Minnesota Statutes, Section 340A.414 may she-T4 be given to any bottle club when a member of the board, management, executive committee, or other similar body Y chosen b its members or when the business establishment or the owner thereof holds a federal retail 'liquor dealer's special tax stamp for the sale of intoxicating liquors, State law reference - Similar provisions, M.S. 34 A .41 4. Sec.. 5 -153. Division not applicable to licensees under Division 2 of this article. This division has no application to a an person or a*an premises ' _ �` p _ y p ses licensed for the sale of intoxicating liquor under the state intoxicating liquor act and Division 2 of this article, but any such person or premises, being a business establishment, is eligible for a permit authorized by Minnesota Statutes, Section 340A.414, State law references-Similar provisions, M.S. 340Aa 4l4o Sec„ +5 --154. violations of division. A violation of this division is. a misdemeanor, and any violation of Section 5 -147 of this division is grounds for the revocation of such permit by the state commissioner of public safety. State law-reference-Similar provisions, M.S. 340A.701. 34 Sec. 5 -1556 Seizure and disposal of intoxicating liquor sold, served, .etc., in violation of division. Intoxicating liquors sold, served or displayed in the presence of anyone authorized to inspect-the premises, as .provided i n this division, n violation of this division are sha4 -T-be subject to seizure for purposes of evidence and, contingent upen on determination by a court, shall be disposed of as provided in Section 340A.904, Minnesota Statutes., State law reference—similar prov.i s i ons., :M. S. 340v-904 340A.904,, subd. 1. 0 35 � r Action by Council, Endorsed Modified:.._..� MEMORANDUM Re j ected Date TO: Michael A. McGuire, City Manager From: Robert D. Odegard, Director of Parks & Recreatio Subj Tax - Forfeited Property - Larpenteur Avenue and Adolphus Street Date: July 19, 1989 Introduction The Park and Recreation Commission at their July 17th meeting observed the 3.68 acre parcel that fronts on Adolphus Street just north of Larpenteur which is tax- forfeited. The viewing from the street only permitted seeing part of the pond and the numer- ous trees that are on the property. A good portion of the prop- erty . i s down in a hole, and on the north end . of the property there is a hillside that matches into the back yards of the homes on Onacrest Curve. During the meeting at City Hall, the Commis- sion discussed the staff report and recommended that the City Council apply for a Use Deed and declare the property Open Space Background At the June 12th City Council meeting during Visitor Presenta- tions, a number of people from the Larpenteur /Onacrest Curve area brought to the Council's attention that a 3.68 acre parcel of land was part of the Ramsey County land auction. Their concern appeared to be that the property could ' be purchased for multiple dwellings, which would not be compatible with the single dwelling homes in their community. Council directed staff to contact Ram - sey County to clarify what the City could do to prevent the sale of the property. Contact with the Department of Taxation and Records Administration for the County of Ramsey indicated that the property was scheduled for public auction on June 23, but they would remove it from the auction at our request. (See attached letter - June 21, 19 89 ) At the June 26th City Council meeting, Mr. D i t to l appeared before he Council and indicated that he wished to purchase the property and had been requesting that Ramsey County place it up for auc- tion. He indicated that he wished to build a home on the site. Staff was requested to make a recommendation on the site. Public Works The City's Comprehensive Storm Water Management Plan calls for a .four acre foot pond i ng area on the subject property, Community Development The site is designated on the Land Use Plan for Open Space. Alternatives 1 ) Release the City's request for use of the property and permit .Ramsey County to.auction the property to the highest bidder. The City is protected with its easement for the ponding area, but would have to deal with other possible land uses, which may or may not be compatible with the neighborhood. 2) The City may request purchase of the parcel from the Ramsey County Commissioners for the. appraised value of $10,000 plus fees . The City, in -turn, could then make the decision as to how they wish to handle the property and if they wish to sub - divide and sell off land to a potential developer. We cannot, however, sub - divide if we only have a Use Deed. 3 y The City pay request Ramsey County Commissioners to grant a Use Deed to the property and it will be used for ponding and Open space purposes. This would be in keeping with the recom- menda t ion of the Park and Recreation Commi s s ion Recommendation It is recommended that the City apply for a Use Deed to P.I.N.; 18- 29 -22 -43 -0024 and approve the attached Council Resolution, which will be submitted to the Ramsey County Finance, Personnel and Management Committee, which will review it for presentation to the County Board of Commissioners. .41 Stop llige•,44 01 Ifi 0 a% bi is W7 ZS ail f7e two, is) V-W (&Its %& I OF . 11 0 T *CC4*" • AVE- b "s 14 is Kit III Los*- - - - 4 1D., 1 (4 0 Q46) 13 0 s 6 4 (30) x ..6 %0 IT 10 s 4 z I a A 1) OIL) 8 . 41% (it) (14 (L 3) (x") (Z?) 1 (� S) !Y K� I) I NO 64 1p" I at a .1 IELLWOOD— - VE. (4S)' (35 sit. 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TAT r LOO&A- f5TAl-V C 0a - ils� rl a a . 1 0 ..-- N� - 4,7) -7315 7 LG 1:7*11- OL WsA rig 21 too to �r 40 X !3 1 800c L4 ",6 v (a) -14 (A4,66, t 0 4-D Imp 41 9 (I J) 40 ltg 010 4 rt 3 t row - -.:- - - - I - AVe IvDamk�. f 0 0 If ,Sir t 340 4 (14) & 1 0 .14 to %j . ; - t* 01) cl 96314 -(I L lAJ (94) 1— ag W a 170 0 e ( • Itl* #A (13) • —br-111's's I" vF:.7-5 In Z tj Id 0 41 30 (a 1) 9f 4 If f 14 611, -(17) 71 -Let. A 1W OMAN AVE L A A -WA tr E: Wr u -T*ro 114a T 'T 0 1. #_ r , 17 . _ir... 10 1 V s-LAK" CC z')f% Fr I I A ..! . LOU McKENNA Director MICHAEL O' DONNELL Asst. D:: ,cV or DEPARTMENT OF TAXATION- AND RECORDS ADMINISTRATION COUNTY OF RAMSEY 'i'nx ronrrzTrn r,nrrn 113 -138 COURT HOUSE 109 Covwr 110usE ST. PAUL, MINNESOTA 55102 t►vcnw uw..wr.r ne June 21, 1989 ANAGER wniiD PropVrty Valuntivn LEONARD F. OLSON Revenue . C. THOMAS OSTHOFF PEGGY RECTOR Records Abstract, Tale and Ownership Robert Odegard City of Maplewood 1830 East County Road B Maplewood, MN 55109 RE: Unplatted lands - (Except the South 290 feet), part Southeasterly of City Heights of East one -half of the Southwest Quarter of the Southeast Quarter of Section 18, Township 29, Range 22 PIN: 18- 29 -22 -43 -0024 ..Forfeited: July 17, 1963 Dear Mr. Odegard: On Tuesday, June 20th, 1989, the Board of Ramsey County Commissioners withdrew the above described parcel from the public auction scheduled June 23rd, 1989. Per our telephone conversation, I am enclosing an Application by Governmental Subdivision for Conveyance of Tax Forfeited Lands for open space acid drainage purposes. (A sample resolution is enclosed). Please complete the enclosed form and submit it with a certified Council Resolution approving the acquisition to the Tax Forfeited Lands Section, 109 Court House, St. Paul, MN 55102, in order that it may be submitted to the Finance Personnel and Management Committee, which will review it for presentation to the County Board of Commissioners* Also, we will need a check payable to the Director of Taxation and Records Administration in the amount of $6.65 to cover a $5.00 agricultural /conservation fee and deed tax in the amount of $1.65. I am re-submitting a list of the tax forfeited land which had been withheld from sale by Maplewood. Please review to determine if the City requires any of them. If you have any questions, please call me at 292 -70870 j Yo s tru y, 1 rgi E. tel Real Estate Appraiser Attach.: App. for Conveyance Sample Resolution Withheld list cc Lou McKenna Commissioner Hal Norgard V - The Board of Count Commissioners of Ramsey County by Resolution .3�HEREAS, Y dated 10 -7 -63 , classified as non - conservation land, certain land 1 }ring within the limits of the City of and PY WHEREAS A co of the classification resolution together with a list of , the land classified has been submitted for approval of the classification in accordance with Minnesota Statutes Annotated, Section 28? .01, sub. le and WEREAS, The City of has determined that said land is • required for - purposes; NOW, THEREFORE, , BE IT RESOLVED, That said c 1as s i f ica t ioti of the land shown on said list as non - conservation land is hereby approved; and DE IT FURTHER RESOLVED, That the proper City officials be and hereby are authorized to make an application for conveyance of said tax forfeited land for ' purposes; and That the City BE IT FURTHER RESOLVED, h y Clerk be and hereby is authorized to file a certified copy of this resolution and application for conveyance of :said tax forfeited land in the Office of the Land Commissioner* STATE OF MINNESOTA) ss COUNTY OF RAMSEY ) • Clerk of the City of do hereby certify that the above is a true and correct copy of a resolution of the City of at its meeting lield passed by the Council Y on the day of Citv Clerk SEAL ♦ ''�• • • $0 Form 9e2 Mew. 11/7SI ti . .APPLICATION BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF TAX-FORFEITED LANDS • ' Under Mlnrwwts Stattnes. Section 262.01. Subdivision 1. • In the Matter of the Application of •• City of Maplewood Now • , a Govornmental Subdivision, for a Conveyance of Cartaln Lands. Coma now City of itnplewood INS"" of wbo&r+110nl • . • and alleges: 1. That applicant Is a (a) governmental subdivision in the County of Ramsey, state of t '• 2. That (b) Ole n:� {..nI r inn _of slid land is his liorized by tlanlewood Cit Of�Nr Date • , crr'tain tax-forf sited • •. . • . 3. That there is situated in the County of Rar�se y land described as follows: (c) (Except the South 290 -feetj part Southem.qterly of City Heights of F.nst one -11nlf of, the ,Southwest Quarter of the 'Southeast Quarter of Section 18, 1 owns1iii) 29, • Range 22 (PIN: 18- 29 -22 -43 -0014) t 4. • That said lands are (d) vacant and unimproved S. That applicant desires to obtain said land for the following ourposas and reasons: ta) • Wherefore applicant prays ttut said lands be conveyed to it for the uss stated herein. • C11'Y 01* RArt.1100D t/ 8 y _ . Its Mayor . .� and 1v City Clerk STATE OF MINNESOTA I C/ COUNTY OF I • �/ tLiyor . , ; , ..•, _ � each b-sing first duty sworn, depose and say, esdl for hirTyetl, that they are respectively the • City Clerk of the City of Haplewoo •'• that they have read the foregoing application and know the contents thereof; and that the matters stated therein are true. tayor Cite Clerk e _ / Subseribid and sworn to before rr,e this day of _ - .19 • Notary Public, County. Minn. •�••t• ' • . My Commission Expires • s �. �'• • !al slate fsctt rNtevta 10 1•9e1 OrganitstiOn. {lsl State tact lhownng avtnoriation of •aauilloon of land haeinafw drwobed. by rt•solut+On of p.wrnin1 t� or by voten. as :M t:as• rear • . r•ovir•, stuehinq roe•$ of "solutions. 11 any. Ill Show name Of GOVItnnwntal subdiAlion in w"icH land it situmd. (dl Oswibe nature of land, isle Of wrroundinj PrCCWCV and Otntr r•r*+•lar fae-j. G;v• taternent as to the soretle use to be MACIS of tuCA'SACS. 1 1 MEMORANDUM To: Michael A McGuire, City Manager From: Robert D. Odegard, Director of Parks & Subj : Tax Increment Funds For Playcrest Park -Date: August 4. 1989 .Introduction Action by c ouTio -. J�. Endorse_ Modified..____. R e J e 0 t e „ ate Rec rea t io -it is requested that the City Council approve the use of addi- t.onal tax increment money for the improvement of Playcrest Park, Background In -the original planning stages for Playcrest Park, we were g iven to understand that we had a saleable product of sand in the . park, With this in mind, we developed plans and specifications icati P ons for the Neighborhood Park and opened bids on July 20, 1988. The low bid .figure was $3 41, 343. This amount far exceeded our planned budget due to the i.nabil ity to sell the 91,1000 cubic yards of excess material. The Council authorized rebidding f the entire g e t i re prod ec t and the bid that was accepted on August 17 1988 for Playcrest Park was $162,720. This amount w y was funded through tax inc rem financing on Cottages of Maplewood and PAC Neighborhood Funds The g park was graded in the Fall, including the spreading of black dirt. This spring, we looked again at the height g g t of the f ields above .Lydia and discussed trying to lower them. Our contractor was bidding on a project that could have taken most of the park excess materials in late June, but was not awarded the contract. We are still seeking other contractors who could use the mat e � r ' - als and would remove them from the site, or if funds are avail - able., we will have the soil removed to other P ark sites As of December 31, 1988, the Tax Increment District #1 Fund had a $65.100.0 surplus. Also an additional amount of $85,000 will be available this year when the tax increment funds for the Cottages of Maplewood are sold. Both of these amounts are in the adopted 1990 -1994 C.I.P. for Playcrest improvements, but require' Council approval to. authorize the expenditures. The use of these funds will permit the lowering f the grades g g at Playcrest Park, the purchase of playground equipment, and the starting of a planting of shrubs, trees, etc, in the ark There p e e will also be some additional fees as per the contract with the Park Planner, v, Alternatives 1) Leave fields. as they are, which has created high banks along Lydia which is not es the t ica 1 ly pleasing to the neighborhood ..and will, require high fencing to prevent sof tbal l s, etc. from going out over the bank and on to Lydia.. 2) Partially lower the fields with our present funds, although the cost of re- stripping and re- grading the fields is a basic cost and will be paid if any amount of material is removed from the site. 3) Lower the present fields four feet, as we originally planned the park with additional funding from tax increment from Cottages Of Maplewood and use any additional funds for play equipment, black dirt, plantings and landscape materials. Rec ommenda t ion It is requested that the City Council authorize for Playcrest Park the use of $65,000 from the Tax Increment District #1 Fund, and $ 85 , 00 0 from the Cottages of Maplewood tax increment bonds to be issued this fall. T / ~ TO: FROM: SUBJECT: LOCATION: APPLICANT/OWNER: PROJECT: INTRODUCTION MEMORANDUM City Manager Thomas Ekstrand, Associate Planner CONDITIONAL USE PERMIT RENEWAL 2228 Maplewood Drive Hoffman Corner Oil/Ron Urban Citgo Fuel Station JUI Y 16, 1989 SUMMARY T 4otloo by Council: Endors Modif io Rejeote Date The applicant is requesting the renewal of the conditional use permit (CUP) the City Council granted to permit the construction a -fuel station canopy within 350 feet of a residential district. BACKGROUND On March 22, 1988, the Community Design Review Board conditionally approved the building, site and landscape plans. ' On April 11, 1988, the City Council granted the CUP subject to the seven conditions. On May 41 1989, the City Council granted a conditional use permit renewal to allowing the applicant 60 days to complete the required site improvements. There is still some remaining work to be completed. Subsection 36-442 (e) requires that "all conditional use permits shall be reviewed by the council within one year of the date of initial approval , unless such review is waived by Council decision or ordinance. At the one year review, the Council may specify an indefinite term or specific term, not to exceed five (5) years, for subsequent reviews." ]DISCUSSION . The applicant has not completed the following items: parking lot striping, the installation of islands to control traffic and define the driveway entrances (See page 5), stop signs at the new curb cuts, a handicap parking sign and a 1007. opaque wooden gate on the dumpster enclosure~ The applicant has agreed to have this remaining work completed by 60 days. Mr. Urban thought all required site work had been completed. The screening fence installed along the east side of the property is six and a half feet tall rather than eight feet tall as Council had required. The applicant felt that placing the fence on two feet of fill would accomplish the required screening. Staff agrees that this fence is providing the necessary screening. r / ' RECOMMENDATION ' Renewal of the conditional use permit for a fuel station at 2228 Maplewood Drive, subject to compliance with the original conditions of approval and completion of the remaining site 'improvements within 60 days. . TEHCO Attachments 1, Location Map 2" property Line/Zoning Map 3. Site Plan � an C O .. u u ,. o ° c O u u • o ° _°. E E E O� C W REVISED 6 -24 -85 7-23-85 it N • s t 0 CD 0 t LOCATION MAP SHERWOOD GLEN NEIGHBORHOOD LAND USE PLAN 3 Attachment 1 n. c a� o� L O Z 4 N O % 1 44r/ r Of _ 1 V To T CL I v 13 '; 7 ,i '�o r Oy 1 �• 2218 �- 1071 r O 4 COUNTY ROAD B- 11 ti► t� Ica` 93 Ic o WARNER HARDWARE , - .. .:.� and ♦ eel COUNTRY CLUB MARKET ET •A L NI db 16 , . !1 thaw — — — — - V r 0, j4A 2.i P7' - t - -1• .. wd O SP 09) � � � ��• • .t9aa. to .42 _-,PCss2 3.50 ag Or RAP" t ti 1 'T , }00) / o r OUl7Y OF' R Y y KELLER GOLF COURSE . f ?= 3. s ZSO.'J• PROPERTY LINE / ZONING MAP 4 Attachment 2 F, N oof F4 1 r 0 o�. 0 v �l o�� • ti��tE io �.t �,� � �FvN N•�1K t�af, ��►�E CAA-W&114 A 1. 'Of t.Y�L I r L 1 re 3 t 5 tit t- ,t � ` nl I Oft-` ..` . • d ��o�Y Juo�rk �v 9tU uD ON *W7 4 � I ttiifo•+&. o �Er1o4 E x iyT. E F- ' ro a E f Tv ��toiJ� Go '� FL�AD 6 3c:o SITE PLAN 5 Attachment 3 ~f~ ^/ ' �ot��� �� Council d |' -' � Endoroea ' � MEMORANDUM °- Modifiod_______ Rejeotod___~___� City' Manager ��� ' FROM: Hczisington Group Inc., Planning Consultant SUBJECT: Code Amendment: Motor Fuel Stations and Public ' Gara.gee - | ` DATE: August 2,- 1989 SUMMARY The City initiated a fuel station study and update of the City's motor fuel station code in response to a number of land use, environmenta1, health and safety concerns a.ssociated with fuel stations and changes in the industry itself. In recent years, the ,City has experienced problems with requests for new fuel stations in close proximity to residential areas. The issue as to where f el stations should be located that is safe and compatible with adjacent land uses needs to be addressed. In addition to land , Lise issues, there has been increased awareness of health issues related to human exposure to gasoline vapors and problems with 'contamination of ground water caused by leaking underground fuel tanks. At the onset of this study, significant input regarding the regulation of fuel stations was received from representatives within the fuel station industry and individuals from the ' F1ollution Control Agencyv Minnesota Health Department and City Fire Marshal. While many environmental, health and safety issues are being addressed by Federal and State agencies, a number of issues must be addressed by local City codes. BPkCKGROLIND The following is s brief sequence of events which addresses the ,...The of fuel station regulations in the City: 1. The motor fuel station code was adopted in 1967 and is out-of-date because of the changes that have occurred in the fuel station industry. The industry has shifted from full-service gas stations to convenience retail stores with self-service gas sales and minor or no-repair facilities. New ordinances and Community Design Review Board standards have also made the motor fuel station code obsolete. 2. In April 1986, the City considered changes to the fuel station code. The code received first reading with a request for several changes but no final action was taken, 3~ In July 1987, the City amended the LSCv Limited Service .Commercial designation in the Comprehensive Plan to allow gas sales, provided that there are no more than two gas dispensers on one island. , 4.InDecember of1987 and January of1988v Council gave first reading to an ordinance that would allow minor fuel stations in the BC(M) district" The ordinance did not pass on second 5, In November 1988v there were the same number of fuel stations as there were in 1986, but five new stations were being proposed or under construction. 6. On November 30, 1988, the staff recommended to the City Manager that a moratorium be established on new applications for motor fuel stations and to direct staff to revise and update the City's motor fuel station code. 7. On December 12, 1988, the City imposed a six-month moratorium on the construction of all new fuel stations. 8. On June 1�-!v 1989, the City Council extended the moratorium to August 28, 19898 DISCUSSION Major proposed ordinance changes are as follows: 1. The existing fuel stations' definitions have been replaced with two new definitions: Major Motor Fuel Station: A retail business engaged in the sale of motor vehicle fuels which provides more than two dispensers or two islands. Minor Motor Fuel Station: A retail business engaged in the sale of motor vehicle fuels which provides no more than one island with a maximum of two dispensers. 2" Motor, fuel stations are now permitted in the BC, business - commercial zone and M-21 light manufacturing zone, unless designated for LSC, limited service commercial use on the land use plan. In the proposed ordinance, motor fuel stations would ` be changed from a permitted use to a conditional use. 3. Fuel stations are now permitted adjacent to residential areas. In the proposed ordinance, major motor fuel stations or public garages xould not be permitted within 350 feet of areas planned for residential use. Minor motor fuel stations would be allowed by conditional use permit. 4. Motor fuel stations are now prohibited in the BC(M), business commercial district. In the, proposed ordinance, minor motor fuel stations have been added as am conditional use. This is consistent with the Council's amendment to the LSCv limited service commercial definition in the City's Comprehensive Plans � The hours of operation are not now I imited f or f uel stations adjacent to residential areas. In the proposed ordinance, motor fuel stations on a lot within 350 feet of an adJoining residential area will not be allowed to operate between the hours of 10 p.m. and 7 a.mi 6. The present ordinance does not address underground fuel storage tanks used in fuel stations. The proposed ordinance wil]. require an STI-P3 (R) or equivalent tank- for all new or ,replacement tanks. The STI-P3 (R) is protected from corrosion in three ways and is the tank recommended most by the fuel station -industry and the state pollution control agency.. 7. The current ordinance does not require any monitoring for leak- s ,in underground storage tanks. The proposed ordinance .will require electronic (in-tank) monitoring equipment as well as manual daily measurement and recording of tank levels. Both .1 methods wil 1 provide an effective combination for I eak detection,, since no one method is yet perfected. B...Fuel vapor odors due to tank filling operations can be detected up to 200 feet from vents. The proposed ordinance will require that vents be located 200 feet from any residential property line. RECOMMENDATION Adopt the attached ordinance. KI ORDINANCE NO. AN ORDINANCE AMENDING THE BC, BC(M) AND M -1 DISTRICTS, ESPECIALLY AS THEY PERTAIN TO MOTOR FUEL STATIONS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS (additions are underlined and deletions crossed out): Section 1. Section 3.6 -6, Definitions, are hereby amended to add the following: Dispenser: A device designed to dispense motor fuel which contains the hose nozzle(s) and meter. Major motor fuel station: A retail business engaged in the sale of motor vehicle fuels hich provides more than two (2) dispensers ,or _two ( 2 ) islands Minor motor fuel station: A retail business, engaged in the sale of motor vehicle fuels which provides no more than one (1,) island with a maximum of two (2) dispensers. Motor vehicle accessory installation center: A place t0 install e uipment sold on the premises in a motor vehicle, _w, here the following conditions are met: No petroleum products would be added to, applied, to or removed from the vehicle. There would be no maintenance,, servicing or repair of vehicles or parts of vehicles, including car washing_ There would be no vehicle hoist or lift. ,4) There would be no noxious materials used. Public garage: A place for the maintenance or repair of motor vIehicles. A motor vehicle installation center shall not be .included Section 2. ;Section 36 -23, access, is amended to read as follows: 'No dwelling shall be erected or altered in the city unless there is at least 22 feet of access to it from a public street, or unless the City Council approves a lesser amount. No building shall be erected or altered in the city so as to close the present means of access to an existing dwelling or so as to diminish this means of access. ,,(b) Driveway access (s) and design shall be based on Article IV of Chapter 29 of City__ Code and the standards of the Institute of Transportation Engineers. 4 Secti0. on 3. Add section 36 -28 to read as-follows: Sec. 36 -28 Lightinc,� All outdoor illumination shall be downlighted so as to prevent undue glare from being directly----vi sible on any ad•acent streets or on property that is used or Tanned for residential use. No light source shall be directly visible from any residential area or public street and light levels shall not exceed one (1) -foot candle at a residential property line. Sec 36- 29-- 36 -40. Reserved. Section 4. Sections 36 -141 to 36 -153 (1) and (2) are amended as follows: Gee. 36 1410 ^0 AT T 7 AT_T_ A A *04 el i:t eeneer a ee e Beard t Poll 0=34 naaga 31S g% :2 A C3 • • • AN W • / / • • • • B. e Bu s 3i N AT.,; bs: Ls: AA-4 ;D e 9 M M 1E AR E3.1 • • . / / w ;. 1•. w vas i Z:ILTT • / Mac • IMAM wk 3M A • . r. / asa* x ; a a 3;M pl:w a im / A A.J67• • / (31F Amezi3ai4mi • • . 1'r .. , �..., + 1 . . • • 3:9 6 / Secs. 36 -141 - 36 -150. Reserved. DIVISION 7. BC BUSINESS COMMERCIAL DISTRICT. Sec. 36 -153• 151. Use regulations. �r- �- r� -.-•- *fit•-- r�-E�I i ��- s-*-*' � f � �'1 � -�� �'1.'%� � �- .��- *� � �- • • Mn a • • • / / • in . . . • / • -servietnT se • / / . / / 1 • (31F Amezi3ai4mi • • . 1'r .. , �..., + 1 . . • • 3:9 6 / Secs. 36 -141 - 36 -150. Reserved. DIVISION 7. BC BUSINESS COMMERCIAL DISTRICT. Sec. 36 -153• 151. Use regulations. �r- �- r� -.-•- *fit•-- r�-E�I i ��- s-*-*' � f � �'1 � -�� �'1.'%� � �- .��- *� � �- • / / / N.4 • 141 e / • / (31F Amezi3ai4mi • • . 1'r .. , �..., + 1 . . • • 3:9 6 / Secs. 36 -141 - 36 -150. Reserved. DIVISION 7. BC BUSINESS COMMERCIAL DISTRICT. Sec. 36 -153• 151. Use regulations. �r- �- r� -.-•- *fit•-- r�-E�I i ��- s-*-*' � f � �'1 � -�� �'1.'%� � �- .��- *� � �- {1) Permitted uses. , Only. the following uses are permitted by right in a BC district: (a) A dwelling unit for one family in combination with a business use. (b) Hotel, motel or tourist cabins. , (c) Retail store, restaurant, office, agency, studio, bank, personal service, craftsmen's shop or mortuary. (d) Automobile sales agency that sells new cars or new and used cars. ' A:U , (e) Newspaper publishing or job printing establishment.. (f) Theater. (g) — a ~W ~�a Self- service laundry. (h) Bakery or confectionery shop, for the production of articles to be sold only at retail on the premises. (i) Parking lot as a principal use. (j) Motor vehicle accessory installation center. (k) CNG (compressed natural gas) and LPG (liquid petroleum gas) dispensing facilities, except those whose primary purpose is to produce power and light for nonvehicle uses, such as at 3M, NSP's facility on Century Avenue or for temporary use on 4rn construction sites. Tanks shall not exceed a water capacity of one thousand five hundred (1,500) gallons. The licensing requirements in Chapter 17.3 shall be compiled with. 7 eetin on; 1::7 :1:7A i ca en a a .er efa: - -- -.0 -.i %.0 - - --- - -. 4J6 *W - - -- --C- %A- - - -- - - (i) Parking lot as a principal use. (j) Motor vehicle accessory installation center. (k) CNG (compressed natural gas) and LPG (liquid petroleum gas) dispensing facilities, except those whose primary purpose is to produce power and light for nonvehicle uses, such as at 3M, NSP's facility on Century Avenue or for temporary use on 4rn construction sites. Tanks shall not exceed a water capacity of one thousand five hundred (1,500) gallons. The licensing requirements in Chapter 17.3 shall be compiled with. 7 tt Any use of the same general character as any of the above uses, provided that no use which is noxious or hazardous shall be permitted. (2) Conditional uses. The following uses are permitted_ -3 3 swieA subsequent to approval of w7he %LW*4A. as a conditional use permit: (a) All uses permitted in t_ he R -3 Residence District. (b) Processing and distributing station for milk or other beverages. ' man (c) Place of amusement, recreation or assembly, other than a theater, when conducted indoors. (d) The exterior fEwnr storage display sale or distribution of goods or materials �~� �a 9r.1 :giaiai= in 3%a4m , but not including a funk and salvage, automobile or other wrecking yard. The Citv may require screening of such uses. (e) Used car lot. (f) Metal storage buildings, provided that in addition to the general findings required for a conditional use, the following additional findings must be made: 1. The building would be substantially screened so as to be eighty percent (80 %) opaque as viewed from streets or land that is residentiall developed or designated on the City's land use plan for residential use. 2. The building would not be of lesser quality than surrounding development. If the screening is removed or replaced, the City Council may building. If the value of the twenty -five thousand dollars ( Council shall allow at least a period. (g) Heliport (h) Car wash dies and is not require removal of the building exceeds $25,000-00), the City five -year amortization L., Motor , fuel stations or public aaraqes provided that in addition to the general conditions for a conditional use, the following additional conditions must be met: �1'1 The setback of any overhead cano shal 1 be at least fifteen 15 feet from the street ri ht-- - • and .five 5 feet of wa line from a nonresidential ro ert line. ?. The setbacks to-a residential zone in se 3 shall include ctlon 36 -153 ude car washes fuel dis ensers or canopies. 3 . Ma ' or motor fuel stations or ubl is not be ermitted w' garages shall --Within 350 feet of areas lanned for residential use on the _-Citv 's land use nlan . 4. No unlicensed or ino erable vehicles shall be stored on the vremises for more than forty-eight hours exce t in (48) stora a areas full screened from Public view. 5. All trash waste materials and obsolete-iparts shall be stored within an enclosed trash container, 60 All re air assembly-,. disassemblv and maintenance shall occur within thin a closed buildin exce t for minor maintenance such as tire re lacem ent or Inflation,, addin oil or wi er fluid replacement. 70 The location and t e of outdoor stora e s ecificall a r � must be oved In the conditional use nermit, 8. No parking s ace s shall be locate • d within the line Of vision between self- service fuel dispensers the attendant's window, ers and 9. External s Bakers shall be dire cted away from residential areas and the sound shall no f i ft (5 0) decibels t exceed normal conversation level at the residential Dronertv line. 10_ No motor fuel station within three hundred L3,501--feet o d flft f land that is develo ed or desi nated on the City's land use lan for res Ldential use shall be o erated between the hours of 10 p•m. and 7 a= 11. Fuel station dis enser islands . r)arkincf areas and drives shall be screened from residential uses and areas lanned for residential use in conformance with section 36 -27 c section 3G -27 and sect' 12. Parki nc i shall be limited to paved areas 13. All new or re lacement underground fuel storage tanks shall be STI -P3 or an eau 0valent steel tank manufactured by a licensee of the Steel Tank Institute. Fiberglass tanks and piping are not ermitted. 14 Leak detection shall be required for all new tanks and for existing tanks_ according to U.S. Environmental Protection Agency (EPA) Schedule Deadlines.. Leak detection facilities shall include electronic (in , tank) monitoring equipment as well as manual daily measurement and recording of tank levels, Records of daily tank levels, fuel purchased and fuel sales shall be available on site for inspection by the Fire Marshal at all times. 15* Vents_ fro, m an underground fuel storage tank(s) shall be t, wo hundred ( 2 0 0 ) feet from the property line of A residential use or a property_ planned for residential use on the City's land use plan, The city :Council may approve a lesser setback if the developer can prove that the ,typography or existing o= proposed buildings will prevent fumes from reaching a residential lot line. 16. Car washes accessory to a fuel station shall be subject to the same conditions as stated for motor fuel stat ions f with the following additional conditions a. The site shall be planned so that water from the car wash will not drain into a Rublic street or access(s) A drainage system shall be installed, subject to the apTroval of the City Engineer. b. Stacking space shall be designed to accommodate a minimum of .four vehicles* Any use of the same general character as any of the above uses /_ provided that any use which is noxious or hazardous shall not be permitted. Section 36-152 - 36-153, Reserved . Section 5. Sections 36 -156 to 36 -170 are amended as follows: See. / 10 ton= n2W Q r .� . r1 +.. 1T dj6 J6 or W.16 %ft • C A • / • / J • • • / / • / 10 11 / / • &Owl • 1 / J6 1�o- 6.0 6.0 %o&&%AA A J- .44. v %w- .0+ • / lie • • p / c rw anq • 32 • • • • a %.0L • i • • • • • •CCtT • 11 • J6 1�o- 6.0 6.0 %o&&%AA A J- .44. v %w- .0+ • / im / • • a %.0L i 11 12 • pert olma%A "CCr" • • Val= 14 mu rear. . . i re , S 3 a --A:?+ • am e.. / Net. iftere.. im a' im s 3 4A MAM cees& ef enhow. (3A.' ja i / / - -. 12 mer.e.- dcumn 1:3..) • • / w /.l ' w w it 6 3 • • • • • • 3 a %WV%NV%-V A&.&& %V&& %w A . w one- a a %w %.46 / / • • .Z Z / / / • • • • • •. • • • • s • / • • • • / • • 'See 36-3166 . GO • / / / • / • • . • • 4m Ca • • n-ft3a*: a 7 a �w ata�...•.�.„ A. • / A 9 A a �/� Z V r' YY t 1 Y • • / w /.l ' w w it 6 3 • • • • • • 3 a %WV%NV%-V A&.&& %V&& • 13 4=1 m3ain AM` 1 • f wa • • A � A M / r & � a n e C2 0 • i • • • • • f - • - Secs. 36 --.1-6410 156 - -36 -170. Reserved. Section 7. Sections 36 -157 (b)-(d), BC (M) district, are amended as follows (b) Permitted uses. Only h.; following uses are permitted by right in this district: • (1) Retail store, office , agency, studio, bank, personal service, craftsmen's shop or morturary. (2) Hotel or motel. (3) Walk -in theatre. (4) Job printing shop. (5) Bakery or candy shop producing goods for on- premises retail sales. (6) Motor vehicle accessory installation center. -- Any use of the same general character as any of the above uses, ^e * provided that no use which is noxious or hazardous shall be permitted. 14 4 1c) Conditional _ uses. The following uses are permitted, subsecruent to approval of a conditional use permit: (1) All-uses permitted in R -3, multiple- dwelling districts, except 6Ebe 9.*.VaU ..- e � h%esf ,.. •ate �� �� — - - - — — r -R- -a --� sin le or double dwellings_ -- - - = - -= (2) Laundromat or similar automatic self - service laundry. (3) Restaurant, where there are no drive -up order windows or serving of food to patrons in their automobiles. All cooking odors must be controlled so as not to be noticeable to adjacent residences. (4) Place of amusement., recreation, or assembly, other than a theater, where there are no outdoor activities. (5) Minor motor fuel station. Any use of the same general character as any of the above uses, provided that any use which is noxious or hazardous shall not be permitted. (d) Prohibited uses: (1) Drive -in theaters or drive -in restaurants. (2) Commercial or fee parking lots where such use is the only use of a given parcel or where such use provides for general rather than specific use parking. (3) The exterior storage, display, sale or distribution of equipment, goods or materials. (4) Car wash. (5) Public garage or maior motor fuel station. (6) Compressed natural gas or liquid petroleum gas dispensing facilities. Section 7. Section 36 -187 (a), M -1, light manufacturing district conditional uses, is amended as follows: (a) The following uses are permitted, _� u Q t 4- (a) subsequent to approval of a conditional use permit: 31=04 Imaw . • • 15 ' use in the BC business commercial � 1�, An conditional u , district sub'ect to the same conditions An use listed as a permitted use in a,BC, � � property is designated for business commercial district, if the pr p Y , ' service commercial or RM, residential medium I,S C , ,1 united s Plan. density use on the City's Comprehens i.ve � - {-�-3- Any use of the same character as a permitted use in section 36 -1860 4 Trucking yard or terminal.. f� Section 80 This ordinance shall take effect upon its passage and publication. .Passed by the Maplewood City Council on 1989. ATTEST: City Clerk 16 Ayes - Nays - Mayor i EXISTING, PROPOSED AND POTENTIAL -� MOTOR FUEL STATION AREAS K g City of Maplewood c N 8N$ r 44m &*as . r. *T I «wrt WAR L.401 1\ ,_ .. w. Y.••o At•M ►� .h........q to W20 N. L —alto N. tMft $Mfg so -e mw ........... `J logo".— ..�N� � � ••w Y ` 1' � \- 1 , � 11. aww.. t•..t ... tr.•r.� MA..w eww *• . • _ 1�1 w � � ••i �•• � �� � •l I _ � � _ •.. � i 1 � •rM.N fn ............. .. : V `�� tti•rr •ta.�� • 1 .f.f 1 ta..w fuw - `•- ._...� ` n!om sA wr PAUL ri 2640 N. 8! I n 26 40 K ., • O w�.. v +�• A arm to � ! i w....aw r s• l .. i riii« ii• ` II f • L i • n.. ® t• 11400 N. + l400N. 2160". •t1 fir.... 1••f ... _ , . . � ...,,� 6 1 '- 192016 .�.. • - 7! / / w•M i /'1 t f .. N w 1 B r ♦ : t✓� i Ii90N. --- A 143 ` t� - IS�oN. 11 1 1 1 ar .� '• © >AINr `O PAWL •Jf • s 1 T E .ti .,i w A,i 14401( • t i ..+•�.t. 14401( 100 tE I mom on mv • It A •,; 1 c C ri 0 o o F g 0 o M o i f /1 • •••m.- •• ,,�,.�!.• e • <w. • Y • Y r i r LEGEND; y -t�,'` 6200 N �- ! OOII s, l • EXISTING STATIONS tip''.: 96m -- —960K P PROPOSED STATIONS 10 • 10 y POTENTIAL MINOR FUEL STATIONS � 9. }`::`M T20N, ?tam. :... a POTENTIAL MAJOR FUEL STATIONS 11 46011. � —.t �ntt% Mme•"''• t ^_' it . 1 ti.•. 240 N. ,,,•,.�• a 240K 13 13 00 - 00 14 14 f 2401. 240 L ,. S 4001 •. . • w 490 i. .� t. • i 19 � •. � 16 • rio 44W-. s n 1 r IT 960 & — 9601 , 12401 -- �••• r •�± 1200 i 17 �..r 19 . 19 to i ! to 01 REFERENCE Underground Stora2e Tanks B� ical,yw there are two types of underground storage tanks: 1° Steel system cathodicall)/ protected by an impressed current cathodic protection system, sacrificial 'anodes or some other type of equivalent protection. 26 A noncorrosive mnaterial such as Fiberglass Reinforced Plastic (FRP) or equivalent. Steel Tank Cathodically Protected Impressed current cathodic protection introduces an electric uzurrent into the ground through a series of anodes that are not attached to the tank. Because the electric current flowing from these anodes to the tank system is greater than the corrosive current attempting to flow from it, the tank is protected from _ Must verify once a month that the rectifier is in operation. . - The system is subject to vandalism; the electric service may be disconnected by accident or deliberately. Sacrificial anodes are pieces of metal more electrically active than the steel tank. Because these anodes are more active, the electric current will exit from them rather than the tank. Thus the tank is the "cathode" and is protected from corrosion while the attached "anode" is sacrificed. .` -- Once a year inspection by a qual if ied person - Does not use a power supply - Anodes nmst be monitored and replaced as they corrode. - Anodes may not be able to produce an adequate electrical current to prevent tank corrosion under certain soil conditions. STI-P3 tanks. are manufactured under the specifications of the Steel Tank Institute and is the recommended tank by local industry 1eeders. The tank is protected from corrosion in three ways: ~' Via Vzlectr`ical isolation (nylon bushing) that insulates tank from piping and other attachments and prevents the 18 ~ corrosive currents that might result from dissimilar metals �- "Via a protective di-electric coating Via cathodic protection utiliziog a .sacrificial anode ~~ Long history (20-30 yrs) of no underground leakin� ' ~' Cheaper to install then fiberglass tanks - Better warranty than fiberglass tanks Fiberglass Tanks - Resistant to electrochemical changes (corrosion) - Must be loaded perfectly or they can develop cracks before they arrive on site. - Proper installation is important due to the pussibilties of tank rupture caused by uneven "soil loading. - Many installers do not want to install fiberglass tanks ^ because of the liability involved in installation, - Alcohol blend fuels weaken walls if fiberglass is not coated with resin coatings; also chemicals and alcohol mix may ' change in the future. - Shorter known history (17 yrs) than cat hodical ly protected steel tanks (20-30 yrs.). Double-walled tanks consist of one tank nested inside another tank. There are three basic types of double-walled tanks: double-walled steel tanks, double-walled coated steel tanks, and double-walled fiberglass tanks. - The risk- of leak-age is reduced by the inner tank and by the leak detection system built between walls. ~- Subject to the same problems decribed for fiberglass and steel tanks. ^- If conditions exist for corrosion and the cathodic protection system is not working properly then the outside tank will also corrode thereby failing prevention of leaks. ~- Humidity �etween �he �wo walls ��n cause moisture build-up which creates conditions for corrosion. - Very costly (up to one and one-half times as costly) . 19 Leak Detect ion/Monitorl* ng Systems For Tanks Federal and soon-to-be adopted State `regulations require that tanks are checked at least once a month to see if they.are leaking. One (or ox combination) of the following monthly monitoring methods must be used: ^- Automatic tank gauging (in tank) ' ~-Monitoring for vapors in the soil (outside of tank) ~' Interstitial monitoring (in tank) -Monitoring for liquids in the groundwater (monitoring well outside of tank) - Tank tightness test (hydrostatically) every five years with manual tank gauging (in tank) (can be used for ten years only +or new tanks, after ton years moust use one of the above monthly monitoring methods) ~- Other approved methods Automatic Inventory Systems .Automatic Tank Gauging - Electronically checks the motor fuel level in the tank continuously, records deliveries made to the ~ underground storage tank, and checks for leaks and other sudden losses. Ynterstitial Monitoring - Electronically monitors for leaks. Used in �he spaces between double-walled tanks and containment facilities or vaults. - Automatic-In-Tank Systems rsduces human error in leak identification and can more easily identify long term changes in the tank environment such as those caused by ' slow leaks — Method pre-Fer.red by the industry - More expensive than other methods; continuing electrical costs Outside o+ Tank Vapor Monitoring - Permanently installed monitoring system samples vapors in the soil gas surrounding, the tanks. Leaked petroleum produces vapors that can be detected in the soil gas. Monitoring Wells - Monitors the ground water table near an underground storage tank for the presence of released petroleum on the water table. The regulations allow manual and automatic methods, for detecting petroleum in the monitoring well. 20 sad ± - Severa l Fe deral Standards have to be wet for us i ng these /methods - Onl y detects l eak$ aftuer-the-fact Manual Tank _Gau9in!3 ` ' Tank Tightness Test and Manual Tank Gauging ' This method combines inventory control information (measured daily and compiled ------ � monthly) with tank tightness testing every five years (can be used +or new tanks for ten years only). %}is d a t ~ Problems with inaccurate readings - Tank tightness testing requires taking tank out of service while,changes in level or volume over time are nneasured Leak Detection For Pipes pipes connect the underground storage tanks to dispensing islands. ~ Federal regulations for leak detection for pressurized pipes requires two things: ~ Install an automatic line leak detector, and - either conduct as annual line tightness test or conduct monthly leak detection monitoring using one of the following methods: vapor monitoring, ground water monitoring or interstitial monitoring. Lea�--.- detection +or suction piping requires: ~- Either conduct line tightness test every three years, or conduct 1eak detection monitoring as described for presSurized piping. You do not need to have leak ' detection if your suction piping meets some basic design requirements. ulatory Agencies The following agencies are involved with regulating underground storage tanks and other fuel station operations: I° (Federal) The U. S. Environmental Protection Agency (EPA) has written r equlaations -for many of the nation's underground storage tank systems. One of the goals of the EPA's storage tank regulations is to make sure each state has a regulatory program +or underground storage tanks that is as strict or stricter 21 than the Federal regulatlons - Minnesota wi1l adopt the EPA's requlations in the +aYI of 1989. 2~ Minnesota Pollution Control ASengy (MPCA) Minnesota Statutes 116.46-50 (1988) are in effect until the Federal EPA regulations regarding underground storage tanks are Air Duality Division 'There are currently no -federal or state regulations. to control the. emission of vapors from gasoline. Some states with pol I ution problems have mandatory gasoline vapor recovery 'systems in effect in which vents For the underground tanks are .connected to fill trucks in a closed looped system. In December .1985, the EPA submitted aa report to Congress that recommended -thedevelopiment of rules for recovery of petroleum vapors, in .particular benzene. Benz ene is a known cancer-causing -substance and is a principle component of gasoline. Water Qual ity Division New federal legislation and future adopted state MPCA ~ regulations will require that all new underground storage tanks ' ir~e the -following - Certification that the tank and piping are installed properly according to industry codes. - Protection of the tan-k and piping from corrosion. - Equip both the tank and piping with lea�%-- detect iom/monitoring systems. - Report to the regulatory authority at the beginning and end of the tank's system operating life. -- Keep records on site that can be provided to an inspector for leak detection performance and upkeep as: - Last year's monitoring results and most recent tightness tests - Copies of per+ormance claims provided by leak detection noanufacturer - Records o+ recent maintenance, repair 8~ calibration of leak detection equipment ' Records showing last two inspections of corrosion protection system 3" Fire Marshal The. 1988 Uni-Form Fire Code (soon to be adopted) with re+erence to the 1982 National Fire Code regulates fuel stations and related issues such as underground storage tanks and tank connections, location, design and construction as well as .regulations for dispensing and mixing of petroleum. The Uniform Fire Code is the only Yaw at this time that regulates 22 ~ venting of underground fuel storage tanks, primarily for the purpose of fi re and explosion prevention rather than air :luaJitl//health protection. -_�88�if�mFi�C�eal�r�uir�th�a1l�de�ro�d -'— tanks and piping i ng e protected b ot cted from corrosion by cathodic . � ection or constructed of an approved corrosion-resistant ' material. The 198B Code also states that before being covered --- or placed in use , tanks and pip ing connected to underground tanks ' -hal l be tested for tightness in the presence of the Fire Chiefs The 1988 Uniform Fire Code will permit underground storage tanks to be located not less than three (3) feet to the nearest wall of any basement, pit, cellar or property line. The fire code also requires that accurate daily inventory records be �aintained. The 1988 Code also states: . ` The attendant shall at all times be able to communicate with persons in the dispensing area and that the dispensing device shall be in clear view of the attendant at all times and that obstacles shall not be placed between the dispensing device and the attendant. In regards to venting, the 1988 Fire Code states: Vent pipes from underground storage tanks shall terminate outSide of buildings at a point not less than eight (8) feet above the fill pipe opening and not less than twelve d level. (12) feet above the adjacent groun eve " Vents shall be arranged so that flammable vapors will not enter building openings, be trapped under eaves and that no vent lines shall terminate within five (5) feet of openings into a building not within five (5) feet of a property line that may be built upon. ,The City Fire Marshal has no problem with venting stacks being -attached to s structure as long as they are away from any source of ignition. The Fire Marshal does require that if the venting pipe is attached to a structure it be at least two (2) feet above the roo+line or canopyn major fuel company representative does not advocate I ocating venti'ng stacks against any structure or near 'vegetation. The particular industry standard setback is 15 f the t line and the vent is located 75 feet 1F«e�t from e proper y ~�rom any structure. Ideally, vents should be located the closest distance to tanks but away from any structure. Fumes must dissipate as quickly as possible. When a tank is empty of liquid -fuel v fumes remain in a tank, and when it is being refilled, these fumes are exhausted to the environment and can be detected for approximately five minutes. %n 1986, a City 'staff member experimented with distances that gasoline fumes were detected during filling operations. 'At that time, 200 23 M feet was the setback distance recommended for ventse 4. Minnesota Health -Dep rtment The Minnesota Health Department (MHD) regulates. the distance between underground fuel storage tanks and water wells, and also monitoring wells used for leak, detection. The State Water Well .Construction Code,, Section 4725.2000Eq Subpart 1. Distances states: A water we 1 shal 1 be at I east 20 f eet from a buried sewer constructed of cast iron pipe or plastic pipe ( AST M 2665 for polyvinyl chloride pipe or ASTM 2661 +or acrylonitrite-butadiene-styren . e pipe, as prescribed in the Minnesota Plumbing Code, with tested watertight joints, a pit or un+illed space below ground surf ace , a sump or a petroleum storage -e tan According to Jim Nye, an official at the MHD, the 20 --foot distance will be increased to 50 feet in 1990. 24 Action by Council: Endorsed~~~�___�� MEMORAN[UM Modified_______ ReJmcted_�_____ TO-: City Manager Dat F Director of Community Development SUBJECT: Code Amendment: Planning Commission Procedures ]OATE: February 13, 1989 The attached ordinance would allow the Planning Commission tc� choose their own chairperson,as other commissions do, and would change the da�e that the annual report must be submitted to the City Council from December 31 to the second council meeting in February. Since year-end inform�tion is not available until December 31, more t1me is needed t,:--j write the report, get it approved by the Pianning Commission, and and for a Council meetjng. RECOMMEND�TION Apor .a] of the attached ordinance. GO/MEM� At±achmeni: Code Amendment a ORDINANCE NOW AN ORDINANCE ALLOWING THE PLANNING COMMISSION TO ELECT ITS CHAIRPERSON AND DESIGNATING A DATE FOR ITS ANNUAL REPORT THE MALEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS (additions are under;ined and del stions crossed out): Section 1.Section 25-20is amended asfollows: ` Sec. 25-20. Ch i . Gha+rmanr The chairperson c-14a4- of the Planning Commission shall be el ected by the Planning Commission at the first meeting in January of each year from among the -'members of the Planning Commission. The ch +rmar` shall be responsible for calling and presiding at meetings and .shall be entitled to an equal vote with other members of the Section 2. Section 25-224. is amended as follows: Sec, 25-22. Officersn meetings, rules of procedure; public attendance; etc& (a) The Planning Commission shall elect its own officers, establish meeting times, and ` adopt its own rules of procedure to be reviewed and approved by the City Council. (b) All meetings of the advi-sory Planning Commission shall be open to the public. and -Sha:�4--�c~hc��-�n-o��h Section 3. Section 25-23 (5) is amended as follows: - (5) To prepare and make a report to the City Council by the second City Council meeting in February of each year regarding �tnve~ei-tv e1wr -the-e0mmmm+ss +evm _nm&y -deem -des +rahrf^e-; the Commission/s activities in the--2ast_year and major projects for the new year. Section 4. Section 25-23 (8) is amended as follows: mat-.,e recommendations to the Cit Council conditional use permits, variancesq vacati prel.-iminary- -plats and home OCCLupa-tion licenses. (9) �8f To accept such other and further duties as may, from --- time to time, be directed by the City Council , including conducting hearings. Section 5 . This ordinance shat 1 take effect -capon its passage and publ icat ion . a Passed by the Maplewood City Council on , i 989 . Mayor ATTEST City CI erg:: Ayes --- Nays-- Commission 1 Planning 0 Minutes 7-17-89 Commissioner Sletten se ded yes--Ax dahl, Barrett, Cardinal Fiola, Fischer, Larson ,7 igmundik, S etten D. Code Amendment: Planning Commission Procedures Secretary Olson presented the staff report. A commissioner asked staff to comment on what decision the City Council has made on modifying the size of the Planning Commissions Secretary Olson said the City Council has decided not to make any changes in the size of the Planning Commission at this time. Commissioner Cardinal moved the Planning Commission recommend approval of the ordinance allowing the Planning Commission to elect its chairperson and designating a date +or its annual report. Commissioner Sletten seconded Ayes--Ax dahl Barrett, Cardinal Fiola, Fischer, Larson , Sigmundik, Sletten E Rul es of Procedure The staff r ort for the Rul es of Procedure was presented by cretary Olson. T" Commission added to the end of t first senten of Item C. 2. "and answer questions rom the C Council imegarding the decision"; added t Item 28 ".and submitted to the City Council for app ov and add to the + ifth sentence of Item J. o points to second choice". Commissioner Fisc r mov the Planning Commission recommend appro I of the anning Commission's Rules of Proc ure as amend Comm issio r Sletten seconded Ayes--Ax dahl,, Barrett, Cardinal Fiola, Fischer, Larson,, Sigmund ik, Sletten VIIIIW UNFINISHED BUSINESS 'L U � Action by Council: Endorsed_______ MEMORANDUM Modif iecL__---- lRejec±a±_____~__ ?~O: City Manager ---'-- FROM: Director of Community Development ' SUBJECT: Planning Commission's Rules of Procedure DATE: February 13, 1989 ' A revision of the Planning Commission's Rules of Procedure are attached. Additions are underlinedand deletions are crossed out. Section 25-22 of City Code requires that the City Cpuncil approve the Rules of Procedure. RECOMMENDATION ' ' . Approye the attached rules of procedure. mb/F'Crules.mem gcz/memo3 Attachment: Rules of Procedure � RULES OF PROCEDURE Approved by the Planning Commission on February 219 1983 Amended April 1, 1985 and March 6, 1989 We, the members of the Planning Commission of the City of Mcaolewood, Minnesota, created pursuant to Chapter 25, as amended, of the Maplewood Code of Ordinances, do hereby accept the +cnllowing Rules of Procedure, subject to the provisions of said ordinances, which are hereby made a part of these rules: A. MEETINGS 1. All meetings shall be held in the Council Chambers, Av,zxue- unless otherwise directed by the chairman, in which case at least 24 hours notice will be given to all members. 2. Regular meetings shall be held at 7:30 p.m. on the ` first and third Mondays of each eafcodatm month, provided that when a� axJ regular meeting falls on a legal holiday, such meeting shall be a-inol-iU-ay 3. Special meetings shall be held upon call by the chairman, or in his absence, by the vice chairman, or- by any other member with the concurrence of five fc)"r other members of the Commission. cmd-w+Lk At least 48 hours notice to all members. B. QUORUM 1. A simple majority of the sct+vc membership of the Commission shall constitute a quorum. 2, A!ly member having a con+l ict of interest shall declare same before diSCUSSion of the item in which he or she has a. conflict. Any member who abstains from voting on a petmt-ictft4-ettm question because o+ possible conflict of interest shall not be considered to be a member of the Commission for the purpose of determining a quorum f or the consideration of that issue. 3. Any-a�L�ox-�ons��f���L���-�-rc��mm��dm6��o-��-�|�-G���� Guttnc+f--fo/ -the -Mccfass+f+maL -ion -0f-4-&md-dzc-om-oLkcr Approval of aDy motion shall require the affirmative vote of a majority of the members present, C DUTIES OF CHAIRMAN In addition to the duties prescribed in Section 25-20 of the Code of Ordinances, the chairman shall appoint such standing committees and temporary committees as are re . quired, and such committees will be charged with the duties, examinations, investigations , and inquiries relative to the subjects assign ed by the chairman a No s . tanding or temporary committee shat I have the power to commit the Commission to the endorsement of any plan or P rogram without its submission to the body-a+-t-he +ul 1. Commissions 2w A representative from the Commission shat I appear at each Council meet i n where . a_ _p] annin2 -item is on the agenda.--topresent the Commission-Is recommendation. The Commission shat I adop-t a rotatinS schedul e of its members at the first meeting of each -year to attend these meetings, The - S-des* gnat e7-"* ++-Sdv+se- t he-eottmc-i + Do ELECTION OF OFFICERS 1. A chairman and vice chairman t1wre-60MRTSS TOM -needed shat I be elected at the se I cond meeting of each calendar year and will serve until their successors have been du+y elected. 2w In the absence of the chairman, the vice chairman shall perform all duties incumbent upon the chairman. In the event that both the chairman and the vice chairman are absent, the members present shall elect a chairman pro tem. Em DIRECTOR OF COMMUNITY DEVELOPMENT In addition to carrying out the duties prescribed in Section 25-25 of the Code of Ordinances, the director shat I : Prepare the agenda and minutes for each meeting of the Commissions 2s Act as technical advisor to the Commission. *n-arty -sind 4-+--C+ty-P 7-+me 4-ud +M9 -rem ing 7 -and -adv +9e --cm 3w Make written recommendations +m-"rit*m9 on matters referred to h 1-m -t"Ough -the -eitY --0++ +tse -" v 1-eh � * --the Commission. 4. Maintain a of al 1 agenda items from rv-eeptl-onto final action by the City Council. F. AGENDA �.Copies of the agenda, together with pertinentplanning office reports and copies of the minutes of the previous moeeting , shal1 be distributed +n-such-a-mammcr so that each member of the Commission shall have a copy at least three days prior to the meeting concerned. 2. The agenda smalI consist of the following order of business: an Call to Order. b. Roll Call c. Approval of Minutes d. Approval of Agenda e. Public Hearings f`r f Unfinished BUSiness 9_~1�'n New Business Visitor Presentations i. Commission Presentations ' Staff presentations k. Adjournment 3. No item which is not on the agenda shall be considered by the Commission. G. Except as herein provided, Robert's Rules of Order, Revised and Robert's Parliamentary Law shall be accepted'as the authority on parliamentary practice. H. AMENDMENT 1. Any of the foregoing rules may be temporarily Suspended by the vote of two-thirds majority of the members present. 4 2. These Rules of Procedure may be amended at any regular meeting of the Commission by a majority vote of the entire membership. i. Amendments to the comprehensive plan shall require that the Planning Commission -Follow the same procedure -for hearings and notices as required by State law for zoning ordinances. 3 10 -. APPOINTMENTS Appointments to the P1anning Commission shall be made by the 'City Council v after aa recommendation from the Planning Commission. The Planning Commission shall interview all candidates after a vacancy is advertised in the official newspaper and recommend three candidates to the City C,zuncil. Selection of the candidates shall be done by a written ballot° Each commissioner shall vote for not more than three candi dates v listing them in order of preference, ' and sign his or her ballc»t. The chairman shall announce the vote of each member and tally the votes, giving three points to the first choice and one point to a third choice. The names of the three candidates with the highest total votes shall be submitted to the Council, in order of total votes. The Commission shall make its recommendation based on qualifications and a`repre1sentative geographical distribution of members. These "RUl es. of Procedure" shall be reviewed by -the PI annin.C,3.. CotTimission at the first meeting of each year, � Planning Commission Minutes 7-17-89 , 10 Commissione' Sletten seconded Ayes- Axdahl, Bar ttv Y Earr 5 t ; C dinal Fiol a 9 i j c scher Larson Scher mu Sigmundik, g Sl t t Sletten Do, Code Amendment: PlarNning Cop(missican Procedures Secretary 01 son presen d the staf f report. A commissioner asked sta+ to comment on what decision the City Council has . d on modif ying, the size of the Planning Comm iss* on o ecretary Olson said the City Council has de ided n t to make any changes in tke site of the P nning Co ission at this time. Commissioner C dinal moved th Planning Commission recommend app oval of the ordi nce allowing the Planning Cam ission to elect it chairperson and des i gnat in a date for its annual report. Commissi ner Sletten seconded yes--Axdahl, rrett, Ca dinal Fiol a, Fischer, Larson., Sigmun'diks Sletten En Rules of Procedure The staff report for the Rules of Procedure was presented by Secretary Olson. The Commission added to the end of the first sentence of Item C. 2. "and answer questions from the City Council i-%egarding the decision"; added to Item H. 2. "and submitted to the City Council for approval"; and add to the fifth sentence of Item J. "two points to second choice". Commissioner Fischer moved the Planning Commission recommend approval of the Planning Commission's Rules of Procedure as amendedn Commissioner Sletten seconded VIII8 UNFINISHED BUSINESS Ayes--Ax dahl Barrett, Cardinal Fiol a. Fischer , Larson Sigmund ik, Sletten MEMORANDUM Action by Council: Endorsed-- Modif i e d Rejected Date TD-: City Manager FROM: Associate Planner, Kenneth Roberts SUBJECT: Action Plan for providing services and housing opportunities for seniors and people with special 1 i v i ng or care needs DATE: August 7, 1989 SUMMARY .INTRODUCTION As :Its population continues to grow older with the "graying" of the baby-boom generation and people living longer, the City of Maplewood wil 1 'soon be facing a populace with changing needs and demands. Because of this, the City needs to start considering the future service and housing needs. of seniors. Additionally, the physically handicapped, the chronically ill and developmentally di lab Ied people will probably be requiring more "de-institutionalized" -housing and services in the future, It appears .that many of these :people will be placed in group homes, the location of which may become a policy matter that the City will need to address. DISCUSSION I n, :add ition to their changing needs, the aforementioned groups w i l I have a number of other i ssues wh i ch c i t i es w i I I at I east i n part be expected to address. These incl ude: 1. Helping disabled or elderly people maintain their independence by having transportation, in-home services and a variety of housing options available. 2. Having available a visible point of contact where people can get help, information or a referral when requested. 3. 'Making resources accessible to all people, regardless of income or health status, 4. For those I people most in danger of losing their independence, Having available special help or support. 51. Having a system to address housing and service needs unique to the community, To help cities address these issues, the Metropolitan Council, in -conjunction with a number of area communities and officials, put together a handbook in September 1988 called "Blueprint for Local . Act ion z Housing and Service needs of Elderly and Disabled People in the Community". The handbook is a planning tool to assist local governments in addressing the needs of the elderly and d-isab.led people who need care over a long period of time. Ito The handbook was written to be a "blueprint for action". That isq it is intended to be a practical guide and framework to help local governments develop their own plans, using a community based process for their formation. This process is intended to be: 1. Future-oriented - It is to I ook at the needs, of today and anticipate the needs in five years or longer. 241 Comprehensive - It is important for cities to consider how the needs of all population groups in their jurisdiction will be changing. In review of the handbook from the Metropolitan Council, it appears that many of the ideas suggested in it should be considered by Maplewood'. Staff has summarized the action plan from the handbook irk outline form in a separate document (attachment 1) so that if it or a similar approach is pursued by the City, it is readily available for use. To . determine what plan of action would be most appropriate for the City- to pursue, staff suggests that representatives from groups that might have an interest in the formation of an action plan for seniors and other people with special living needs be brought together for a meeting. This meeting would be to review the plan Outline,, to develop ideas and strategies for a plan for Maplewood, The.committee should be charged with forming the plan of action regarding seniors and others with special living needs for the City. Once a draft of the plan is prepared by the committee, it sh * oul d be reviewed by the HRA and HRC. The final step in the formation of the action plan will be its review, revision and adoption by the City Council. RECOMMENDATION The City Council should appoint a committee to determine needs and to develop an action plan for providing services and housing for seniors and other people with special living needs. The committee should be made up of representatives from the HRA, HRC, City Council and seniors groups, Attachments: 1. Action Plan Outline snrpinmemo 11 AN OUTLINE FOR AN ACTION PLAN FOR PROVIDING SERVICES AND HOUSING FOR SENIORS AND OTHER PEOPLE WITH SPECIAL LIVING NEEDS INTRODUCTION A PI anning for the housing and serv.ice needs of an o . I der population is necessary for suburbs such as Map lewoo.d as the population is expected to grow older and live longer. Local governments such as Maplewood should also consider the long-term care needs of the physically handicapped, chronical I y il I . and d eve l op mere tal I y disabl ed peopl e. NEEDS OF ELDERLY AND DISABLED PERSONS A. Having a range of options for housing is desirable because many older and disabled people prefer to live in the community they are familiar with and may have I ivied in for many years, S. Housing Continuum for Elderly and Disabled People 1. Housing a. Privately Owned (1) Single- family detached (a) Accessory apartments (b) Shared housing (2) Townhouse (3) Condominium (4) Cooperative b. Rental (no services) Private or nonprofit ownership (a) Market rate - no rent subsidy (b) Specialized (elderly., handicapped) rent subsidy or market rate (c) Board and lodging (d) Shared - two or more unrelated persons (2) Public Ownership (a) Public housing (handicapped, family) (b) Other forms I � c . Housing with Services (ser� vices may incl ude meal s, laundry, housekeeping, and/or personal care services) ( 1) Private or nonprofit ownership (a) With annuity/"life care" (b) Without annuity ( 2) Public ownership d Supervised Living (includes meals and housekeeping plus 24--h our on-call supervisor) ( 1) Private or nonprofit (a) Boarding care (b) Group homes (2) Public (a) Boarding care (b) Group homes e. Institutional (includes a full range of services, including medical care) ( 1) Private or nonprofit (a) Nursing home (b) Hospital (2) Public (a) Nursing home (b) State hospital f. Dther - "Campus arrangements" with a combination of several of the above categories located together, for example, apartments and a nursing home; nonmedical supervised housing and a nursing home; apartments and nonmedical supervised housing; or apartments, nonmedical supervised housing and a nursing home. 1*41 C. Service Needs I Transportation 2. Domestic services a. Home maintenance and repair (1) Heavy cleaning (2) Lawn mowing (3) Snow shoveling be Meal preparation ce Laundry do Home-del ivered meals 3. Personal services an Bathing b. Dressing and grooming C9 In-home health services do Legal en Pastoral fe Counseling III e LOCAL INVOLVEMENT A. Zoning and Land-use Controls 1. Regulation of location, height., and size of buildings; the size of yards and open spaces; uses of structures etc 2. Regulation of accessory apartments 3. Regulation of occupancy of buildings including shared housing and group homes. 4. Planning housing specifically for older and disabled people (important aspects) a. Size bo, Location (should be near services such as shopping (grocery) , and medical care as well as having access to public transportation) G The city often acts as an information "clearing house" as people needing help or with a question wi 1 1 frequentl y cal 1 city hal l . Thus it can be very beneficial to have information available at city hall to those in . need . C. Additionally , programs offered through senior centers offer those who participate in the activities an opportunity for socializing and compan.i onsh i p We . PLANNING PROCESS A. Getting Started 1 It . is usual 1 y best to f orm a steering committee to plan and guide the process of evaluating and planning services for the elderly and disabled. a. This is an effective way to ensure that the plans which are developed have support b. It should have a broad range of expertise in its membership c . It should also include persons with authority, including elected and appointed officials d. It should provide strong leadership e., It shout d involve people with resources and skills that will benefit the word; of the group ( 1) Coordinators of seniors services (2) Volunteer workers from churches or other service organizations ( 3) Community Development department staff ( 4) Business leaders (5) The recipients of the services (seniors and disabled people) f . It should have diverse viewpoints to help foster a process that considers and debates all courses of action g. Availability of staff and funding can be an are a of difficulty for action p 1 an s. Possible sources of assistance include: (1) College interns (2) The. United Way or other such agencies ( 3) Retired corporate executives ( 4) Metropolitan Council staff (5) Lutheran Social Services (6) Metropolitan Area Agency on Aging (7) State Agencies (8) Wilder Foundation he Working with neighboring municipalities in a joint project will help to share resources 2. It is important to remember that at a minimum, ova i l abl a services need coordination to be used there . full potential by residents. Be Step One -- Needs Assessment (to compile the information that w i 1 1 tel i the City what the needs are for housing .and services for the older, chronically ill or disabled peop l e') is The number of people in the City needing assistance: as # of non- - independent elderly; be of these people desiring another type of housing; co of physically or mentally disabled adults and their housing needs; 2. The type and extent of services needed or desired by the above groups . , 3 Methods for Determining Needs a. Existing data (City.; Met Council , Minnesota State Council for the Handicapped) be Survey of elderly and disabled people (use surveys done in other cities- as models) E c . Input from key informants (through interviews of local senior coordinators, church leaders, realtors) d. Focus groups (small group interviews of elderly and disabled people ) e P'ubl is Meet ings or hearings (more formal than the use of focus groups) C. Step Two - Identifying Resources (Using the charts provided) 1. Available Housing Types 2. Available Services D. Step Three Filling in the gaps and choosing the City's role In A comparison between the information gathered in "Assessing Needs" and the identified resources w i l l show the steering committee where the gaps are.. 2. Filling the Gaps a . What rol a does the City want to take fog^ itsel f? Factors which need to be considered include: (1) The size of the City; (2) The size and capabilities of City staff (3) City or staff experience in developing or administering a proposed activity; (4) The City's philosophy about how housing and services should be provided - some activities may be considered inappropriate for involvement by the City; (5) The degree of unmet needs in the community f or services and housing; and (b) The extent to which additional services can be provided by 1 ocal , county, or other groups. I A sen i orpl n 3. Possibl e rol es for the City (it may use as many as it considers appropriate and the elements may be staged over a period of time) a Information and referral b. Outreach C. Housing (1) Use of zoning to regulate shared'-housing arrangementsq group homesq accessory apartments, or other types of housing (2) Planning and facilitating specific housing devel opments d. Acting as a coordinating body or +acil itator for partnerships to provide services e. Funding or providing services directly AGENDA REPORT TO: City Manager FROM: D i rector of Pub 1 1 c Work s SUBJECT: C. Little Addition--Eminent Domain DATE: August 7, 1989 INTRODUCTION 74 AGENDA ITEM Action by Council: Endorsed Modify. e Re i e c. t e Date During the Pub I i c hear ng f or C L i tt I e Add i t i on , there was a brief discussion about the city acquiring the off- -site drainage easements using the eminent domain process. There was no specific action taken to determine a public need or direction to staff on that specific issue. Attached is a letter from the developer to request consideration of the issue at the August 14, 1.989 city council meeting, BACKGROUND In.order for the city to acquire property through eminent domain, the city council must make a finding that acquisition is in the .public interest. In the case of C. Little Addition, the subject easements are for drainage purposes and are required to meet the city's design standards. Recently the city has agreed to.use eminent domain to acquire off -site easements on two other developments. In those cases, the developer was required to provide the city with escrow of 150% of the estimated staff, legal ,,and award cost. RECOMMENDATION it 'is recommended ,that the city council mat-%-e a finding that the off-site drainage I easements for C. Little Addition are in the public interest and direct staff to proceed with eminent domain after the developer provides an escrow of 150% of the estimated cost. iw .Attachment KGH I I Pare Associates, Inc. 2172 Payne Avenue Maplewood, Mn. 55117 August 4, 1989 Mr. Ken Haider City Engineer City o f Maplewood Maplewood City Hall 1.330 County Road B Maplewood, Mn. 55109 Re: Co Little Addition Pond i ng Easements; Eminent Domai in Dear Mr. Haider: As you are aware the City Council on July 12 th a roved • of C. `Li ttie Addition, A PP the preliminary plat At that time the C i ty' s concern for of f s i to and i n and drainage easements along the .east and north bound r i es of the plat w P g as discussed, as was the prospect of the City executing its power of eminent d • domain to acquire such easements, in the event Pare would be unable to resolve the acquisition with Mr. Carl Pedro, the adjoining n property J g p p ty owner. We left that meeting with the firm understanding that the City Council had agreed • g to exercise its eminent domain power if necessary so long as adequate letters of r c edit were submitted indemnifying the City for the costs involved. I n re 1 i ance on that belief we have proceeded with the site grading for the development. We have now been informed by you and your staff that such have been made and that we are es to development a commitment may not pped from any f u the r un t. i 1 this matter is somehow resolved. We have reviewed the tapes of the June 12 h t meeting and believe you have the authority, granted you b the Council, 1 to of credit indemnification set a letter n amount and to allow 1 ow work to proceed. Ile would suggest that you or someone from the City Attorney's office review i ew the tapes of the June 12th meeting. We further believe that the City ' ty Council granted the City Attorney authority to proceed with the eminent domain comdemnation action. Since, despite repeated phone calls and a letter, we have had no response from Mr. Pedro's attorney since we met with him on July 7th we feel our ability acquire the offsite easements is in jeopardy. to pa rdy. We accordingly will be asking the City Attorney to proceed with th.e eminent domain action Since time is of the essence, we would ask that you review this matter at your earliest possible convenience, if, for whatever reason ou feel Y you cannot allow us to proceed, we would ask that you place this matter on the City Counc i 1 agenda for its August 14th meeting. If you have any questions in this matter, please let us know. FJF /dfp Sincerely, Robert J F aherty President ll 'AGENDA REPORT TO: City Manager FROM: Public Works Director 01 SUBJECT: Engineering Technician Replacement DATE: August 7, 1989 INTRODUCTION AGENDA ITEM .1. R Action by Council: Endorsed..... Mo d i f i e R e j ected-.. Date As you know,, Jim Gessele, senior engineering techniciang resigned recently to take a job with the City of Hopkins. This leaves a vacancy in the engineering division. It is requested that the city council approve hiring an entry level engineering technician to fill the vacancy. BACKGROUND In 198E3 two additional engineering technician positions were approved during the budget process (previous memo attached). Two classifications were created--senior engineering technician and engineering technician. There is approximately a 10% pay differential between the two classifications. Mro Gessele was a senior engineering technician in the 8-year step making $15.79 per hour. It is proposed to f il I the vacancy with an engineering technician at the start rate of $10.80 per hour. Obviously the expectations for the position would be less, but it is felt that the engineering division would still function at a reasonable I evel RECOMMENDATION I It is recommended the city council authorize hiring an engineering technician to fill the current vacancy, i w Attachment NIGH To: FROM: SUBJECT: LATE ,Request MEMORANDUM City Manger Public Works Director Additional Engineering Technician and Engineer InTraining (EIT) July 24, 1987 Provide funds for an additional engineering technician and EIT. Justi f i cati on The engineering division has been directed to maintain a high percentage of bill - able time to increase the revenue generated within the division. This naturally decreases the amount of effort that can be directed toward the general service oriented functions of the division. Examples of the service functions include:. — Hydrant tests low Traffic counts Park design — Confirming new building elevations Plan re v i ews Plat reviews Drainage problem investigation -- Updating various city maps Investigating property owner concerns This listing is not complete in that numerous special projects are assigned to the engineering division each year. Even though all these items are'b.eing addressed to some, extent at the present time the actual level of service does not seem adequate. A few items are of particular concern. These include: — Limited follow—up grading and drainage inspections for new construction — Limited attention to special projects or reports requested by the city council — Curtailed plan and plat reviews As you know, the engineering division has been directed to investigate many more public and developer projects than in years past. This situation has created a considerable backlog within the division. Approximately 15 projects requested by petition or by city council action have not been worked on since being ordered as long ago as February, 1987. Based on current workload, the feasibility studies for these projects will not be prepared for another 6 to 12 months. Sixteen month turn— around time for routine feasibility studies doe not appear to be a reasonable level of service. Consultants are used to the maximum extent possible on city projects. However, city staff time is required for certain phases of each project. The aim of the additional staff is to eliminate the backlog and reduce the time required to investigate projects. It is still expected that consultants will be used extensively. The additional personnel would also provide better coverage during peak vacation periods. Taking into account only vacation and military leave for the five existing technicians approximately one -half man year is accumulated on an annual basis. It becomes difficult to schedule that amount of time without creating personnel shortages during our peak work —load season. mb 2 -/0 AGENDA ITEM Action by Council: AGENDA REPORT TO: City Manager Endorsed--.... Modified.. FROM: Assistant City Engineer Re J e c I,- e Date SUBJECT: Footprint Lake St . arm Sewer, Project 87-32--Schedule Continuation .of Public Hearing .DATE: August 8, 1989 Introduction The public heaving for the Footprint Lato%e Trunk Storm Sewer project was initially held on May 16, 19.88. It was tabled indefinitely by the council with the request that an alternate ,financing plan be developed, . Subsequently, a general storm sewer assessment pal icy has been. approved by the CouncilThis report -presents the financing for Footprint Lak-e Storm sew . er based on the general assessment policy. A resolUtion is attached to schedule a meeting for the continuation of the public hearing.. Background The assessment rates util- ized are three classes. RL and RM properties -are assessed at $500/per existing or potential lots* Potential lots must conform with all current zoning requirements,, -park and cemetery is asses ' sed at 2.5 cents per square foot, Public right-of-way, Ramsey County open space, and existing storm water pond ing areas - are exempt from assessment. 'All other land uses.,, e.g. RH,; commercial-,,"industrial, school, church, are assessed at ten (10) cents .per square foot, Attached is a calculation summary with ma s I of parcels affected b y the proposed assessment. A total of $707,987 is recoverable from assessments following this policy. The project will provide drainage for segments of Hazelwood Avenue, Cope avenue, and .English street, which are Maplewood Mun'ci I pal State Aid streets, as wel I as County Road B and .Prosperity Street, which are County State Aid highways.' Maplewood could request financing from its state aid account for approximately 25 percent of the project cost. This would amount to $361,0000 The balance of the estimated project cost would require general obligation financing. A summary of the proposed financing follows: a P'r,oj ect 87-32. ? August 8 , 1989 Assessments 700 , 000.00 MLtn i c i p a 1 State Aid 361 , 000.00 General Obligation 375,1200 00 Estimated Total Project Cost $1,444,,200.00 Recommendation DLte to the large number of parcels involved, it is recommended - that a special meeting at John Glenn Middle School be scheduled to continue the public hearing. It is recommended that a public hearing be scheduled. during the week- of September 1,1 -- 15, 1989 This will allow-time for repot if icat ion and precede the resumption of related litigation. BAI is Attachments r FOOTPRINT LAP',E STORM SEWER ASSESSMENT ESTIMATES Units Square Un t s RM Feet ..Dead /Quad RLL $500 /Unit Others Total 10GOW29- -22 -13 29 -.- -- 14 , 500 . C)0 10-29-22-24 __ ---, 2409887* 6 , 022 .18 10- .29- -22--31 44 -- 2039425* 27 , O85.63 10--29- 2 -32 -_ -- 9899683 98 ,968 .30 10- 29--2 2 -33 5 101 267 , 000 79 , 700 . (.)C) .J 0 29- t2 -34 90 45 9 000 . 00 164,p975 16 , 497.5 C) 1,0- -29• -22 -42 27 --- 4099630 54 9463 .00 .10-29-22-43 50 10 437,112* 40 , 927.8t -) 10- 29 -22 -44 61 -- 1609000 46 , 500 .00 16 --- _-- 8 , 000 t )0 . 00 15-29-22-12 11 14 745,809 87 , U80 .90 1 5- 29- 22--13 26 -- -- 13 , E:.)00.00 1 5--- 9--22--21 81 -- 1799880 589488,00 15-29-22-22 .46 -- 1089205* 490,9?1 749797a23 z 15-29-22 23 21. 1799820* z fi 1191618 26 ,967 .3(:) 15-- 9--22 -24 20 -- -- 10 1000 00 Totals $253,300 739000 $3819987m83 $707 , 987 .83 (506 @ $500) ( 146 @ $500) *Denotes Parke assessed at 0.0.2.5 /SF ; all others at 0.10/SF Q VAIS HEIGHTS or Q J k 7r i • > cr ' 0 YI)tA ii • kCv r N 19 N x LAJ �R Q T Jv = J 19 z .� W cr S ,K AV ,. ° 3 A M RAdA7Z tr 1 �. -� .► I UNA t� V D N KOHLMAN d AV. •, W KOHLMAN AV s~n cr 2 �r O CO > RD - 23 1 X11 N N �� N Z T29N,R22W cT cr 3 W ~ V) EDG EHILL RD t0� It QJ� W Q W = nQn t p p (1) CONNOR AV OE►.;ONT AV m N 3 p g ? BRO AV W 41 p tv N Z ElE E a �'h AV Q SEXTANT XTA 4 AV G RVAIS GER%AIS GERVAIS AV C RANON?E1N •:` CT Q �:,•': i C VIK NO 4ST AV - lE :.::. ,,..•..• 3 4 X. KnuCkle A d L tyke �s AV COPE CT? ,' �.•. ;: COPE c� AV LARK AV c a! LARK V ' K.: _ W J CO D Q � R D 8 :i- Y W ' tr 1 :!.: V W LELAND RD Q � ff Z = 25 ............. > ............ N N S .," :mot RD 8 C T t JUNCTION f•- Q V p v V R G MBER S ST t E �► .1 P t 5 8 X., .:•::.•.•:.:.:.•........ . l SKI :; RECRE4T c" 1� i :;- R R IS ... .. . ........... --- --- . .. .......... a i :'. av ::•= s o ............... :..:. . ..... ........ .. 1 ti AV Y AN S a - t R s J 29 AV 2 8 _ F- �- ice► m n- • . � N GENERAL. AREA MAP FOOTPRINT LAKE � Proj 87 -32 Storm Sewer � SCALE N N/A m At Y4 10 ul 0 05 JqAp W O�—D c cca -Y 'Iry . . I pet- IN 13 2 5 -- Ls `�v1 ti�.s T� Q raj � t9 � � � �:� r� F" - x w 24 . .. . .. . .. . 23 22 7— > t —z2. „ 21 14 2 zo (G F- \0 Lj Z 5 4 0 7 38 cc 2 C; 14 17 lo - 01 4 it 00 30 (3V 9 Ii i� 0 —01 Its 4,:w AVE. 0 �; '41 30 vat, m F- A 5 kill 3� 4 27 T7 z 0) < 24 J 7 S, 24- s 24 : 23" -411 zz cc OL+ (COG) 5 4 Sol 22 t to 17— < To 5 it- 10 21 0 M 10 id 21 0 1) 0 - �PQ 20 20 7— 13 it 14- Z 14 f (r,3117 C .3 4 **. . a C. 17 Q Zrm Q /Q, 15- 29-22-24 PROPOSED'ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87-32 STORM SEWER IMPROVEMENT SCALE N/A • r 1 tow, -. _.._.._ qeb zo_-- — _ 5 4 4-1 ��. _. ►� , _. _ _ ! 70_ � ar. 13 N g—_ — —_ — _1 v r - -- rt — 04 j rs or W 14 ' 7 10 Q iQ' I t 3 `� �o e.a _ 124` {� T `�� •� No lbof V t, 3 M 0 RYAN c - �30 o R� � ' ;� ,/ `its i � �• • ., tt � � .SST et ' x �,�.,.: ` 27 �2� i 2 S l- ) 8 ti � 24 ' of 405) LAJ 7 _— 5 2 n t 8 (r 1 r { S 6 ° '" 9 SCHOOL_ 1G LA 2o or /k/ ~ P, w ILI ws ale %%.lor %%.F Q/Q . 15- 29 -22— 23 PROPOSED AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER IMPROVEMENT SCALE N N/A t�+r • -u+t� f+ t a i 5U U ArO _ L • � �0 6r Z � , ►;i _ 1 71 ac) �22 • a i > 24 ' A4 f 10 - 4.. r 23 ' in 17 " 5 22 s b 21 14 ,. • r 1 tow, -. _.._.._ qeb zo_-- — _ 5 4 4-1 ��. _. ►� , _. _ _ ! 70_ � ar. 13 N g—_ — —_ — _1 v r - -- rt — 04 j rs or W 14 ' 7 10 Q iQ' I t 3 `� �o e.a _ 124` {� T `�� •� No lbof V t, 3 M 0 RYAN c - �30 o R� � ' ;� ,/ `its i � �• • ., tt � � .SST et ' x �,�.,.: ` 27 �2� i 2 S l- ) 8 ti � 24 ' of 405) LAJ 7 _— 5 2 n t 8 (r 1 r { S 6 ° '" 9 SCHOOL_ 1G LA 2o or /k/ ~ P, w ILI ws ale %%.lor %%.F Q/Q . 15- 29 -22— 23 PROPOSED AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER IMPROVEMENT SCALE N N/A 43 5b U L _ 1 71 ac) i 24 - 4.. r 23 ' in " 5 22 s b 21 ,. 7 20 '100 1J t p b _� �- �2�� ig of v • r 1 tow, -. _.._.._ qeb zo_-- — _ 5 4 4-1 ��. _. ►� , _. _ _ ! 70_ � ar. 13 N g—_ — —_ — _1 v r - -- rt — 04 j rs or W 14 ' 7 10 Q iQ' I t 3 `� �o e.a _ 124` {� T `�� •� No lbof V t, 3 M 0 RYAN c - �30 o R� � ' ;� ,/ `its i � �• • ., tt � � .SST et ' x �,�.,.: ` 27 �2� i 2 S l- ) 8 ti � 24 ' of 405) LAJ 7 _— 5 2 n t 8 (r 1 r { S 6 ° '" 9 SCHOOL_ 1G LA 2o or /k/ ~ P, w ILI ws ale %%.lor %%.F Q/Q . 15- 29 -22— 23 PROPOSED AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER IMPROVEMENT SCALE N N/A ,t L X1.1 � � � � � L 9 '� �l.e } ' � � � . .. � • T Ar". left �It�lo s 18 +? N N 1 I I!% 1r4 13+ ti'IO 9 1 8 -7 40 Z38.?V cv _ eo.3 ! 1 ! I 1 l a' !_ ! 1. 1 1 _ �.A,— A t, f D , it 1; _S4 I � nod ��7112k'► 'It i ;AA .,N ots . 1 V i i °9 of Ma la ' d"-' .t f -f t a 1 ► ! ! . i c 1 1 i 13., 14 15 Ib 1T 18 19 2D aj iZ 18 19 W ?J 22 I Z-3 ! j X60 # i ' ZA Z5 2 ` 2? 28 Z9 50 131 l 32 133 I J �4 jAO l I 1:40 - --j ? C 40 T T i+ + j T T-4 0 ► i 1 f' � `) N D. S K 4 'L ' D j s T IO� 9 f'6 7 4 5 1 4 3` 2 r� �18� 11 f t� i r5 �4., r 1 I �. 061 f 1 N s 3 tz {► a;9 8! 7 b 15►•3 h I ( ) 58.41 TV T i 13 14 15 16 1 ?� IR 19! 19 f � Zt 62.2' ��:• �- �r,izb +27iZ.gI2�E 31 3Z ?t X41 •' ! ,A01 N -- • - • ._� . _ ( _••- ! / r- � sM / 1 ii'Y.� -74. . _ a z o • c / �.7 X98 - - 0 i ai� VACqT � ' A - ,- P 1 4 ! 4 � �3-1 . � 1 (i o � a •p ,� o zo �c ' ` G► A I 1. A h� `.a , . tn ) - , �- -�- It _- - - r- - -- -- - - 2.49 qc . TvrAt- 9 _- �I rr 05 8 10 0 n 08 � N d of� i..� 1'+ ,�, i � � 0 oa - 0 a _ 10 1 t 1 12 13 14 1,15 11e 17 wll Z 104 � lo3a�c. o7O � r - Q 1. 04 Ao 00 i 00, E�. t3�5• a BE LMONT — In 660 6) 10 tr -7-01 () , o . 6 9a�. � 1 �! i4• � Q Q 8 7f � O 9 O J Qt 401 81.18 ?8 -T oi 1915 Q/Q 15- 29 -22 -22 PROPOSED AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER IMPROVEMENT SCALE N N/A 16 15 14 13 1.9 Q- I 2_I lo 5 13 Z3 I gf-I 8 F; 4 t5 2.5 I j 27 i ZB 29 30 Ao 144 31 z 10 r 9 44 AO - A 5 40 1-1 13 T# ilk 7 5 14 3 -1 'A -f 1 4p t i P Il! ?A ? 5 BUR KE 4.81 A0 A-0 "all 10 $ `-1 to j 5 4 I ? Z t tic, ,a ►?� tt tc `.� : i - i 1 .72 30 \31 16 1 IP '17. 8 IS 2 Af s ILS-1 e5l . 17 I f OLZO r 7 t.131 40, low L� A OD r> 96 445 0 o rN l J K . -e C: fi 14 is 10 cl -7 5 4 Lr) 0 1 Z_ tha 5 a' f OWN 0 Q/Q 15- 29 -22 -21 PROPOSED'ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87-32 STORM SEWER IMPROVEMENT SCALE N/A j M4 "AN E ± -14 v H; Ij L 64 _4 Q 0 N t6 o \ „� 'J tp All 400 0 40o ob C%j > 20 Q 4 - to \z,lf I- a 441 14 4j 4 * A A7 i Alin QD oll 0 ro full:_ lz 46 0 09 �,� _ 3 r C, cla Nill 14 10 or lk J40 ®r J. 14— 16.5 I _k, C7 ► Q .24-1 Z-13 .11 i�4 Z4 b. (50) sc. JL cQ lo 23) 6 !, A- 0 13 14 2) 10 4 -1 I o� LA Q/Q 15- 29-22-13 PROPOSED -ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87-32 STORM SEWER IMPROVEMENT ' SCALE N/A r 'Q - � •' — — ��►- r �. �- •f..��- �� �� -��. �r -� '- All fir• ) � .. 1 Icy 10 I e N 9 8 ,t 2 Q ? Q. � 5 `} 3 2 - 1 °� � 7 - R . ! ! 31, 14 J 5 16 17 1 t3 o I s ' ' I 9 2 z 22 23 24 25 26,J f 1 i 1 I 3 I� .80 .. i I I i _ � I�,�I� zF �� •fin ' -- - - -- 1_ ��. - -- A 1 '_._ 1 33 ;,i �'�`'� DoT BURKE so 7 9 �- -- _ c 4 -� 13 9 g 1 2 13 ! 4! 5 1 , 7 ro 5 i , N lxm` _- 1 2 i - - - 4- I I N 015 16 17 !8 I t9 20 17 1 f .�5�• 10. S 3 3j $9 I � '' � � . `± 5 c: r• �. --' __ t Try �S r i _'✓ •'` 1-0 C9 2 LA o pst i 3° cu - 0 C9 a► J i 07 _01 � � t) � 1 \�.�'' � �1 �� '., • , ^ • . j •} S / / �li i ; ♦ V►� iii � P Ft 1 �'j .� C__?i • K: • � (tl i .1• i1 • • Q/Q 15-- 29 -22_ 12 PROPOSED 'ASSESSMENT ESSMENT AREA SCALE FOOTPRINT LAKE PROJECT 87mm322 N/A STORM SEWER IMPROVEMENT r 1� 14, IC I S ��• f `�' /,' Q ,� ~•, wr L iS,t` L' 'f - tJ 1 / �� •.. I i •v J i • ' •, ... _ - _ _ - ¢ cv 8� Z6(25�2�4 Z3 I t ��.,c J ! ! tT 11$ f t`> 2Q 21 1 2: 23' 24 27, 28; jo -1___ C • 1 ., • �' '` AVE. z + �, 3 6 9 3 v t �, 7 -+ Nil :2 loll �. , �` �� •fir. 1 R E ' 00 - 10 to) `gyp A N ' D r S u R g 1O ! �o 1 I 7 _f 12 1 , ( 4�) y� j t � 3 �,Z, -A I Z I 4 �0 3.I�oec tti _ cs' ti 6 GO r. 8 6 y N o 7 3 ► y. 0 7 Cam) j4 _ 33 n Cx R A T L A K E. S ` aPIPE 1- E � ". , _' _ _ - `° !� • .o � ► .� I 1� 1' • a t i 'T Q /Q, 15- 29 —22 -11 PROPOSED'ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER IMPROVEMENT r'SCALE N N/A 10 •i N 14 ,Cipen�d Dwt 1 "8991 i'Le•Z4�1 �►•.� 1 1: 7') ��2h e�F..nwel t►•• Qw6J 16- i. ! , `,� , t COIJAaMNR'O I I I� ?�T T�� T 4 .11.E . e} oil dw i1' V ` o T ►; 17' ' 1 0 Le J. _ 60' 1 1 h t1 N1�JM (� ? 75 1 0 75 76 69: '? 1 Nrc+ I e I � 2 0( C N C.l PARK N O dc' I �s N S (o) %) (3$) (3T) N 3 _ h yy C� 0111� J 0 Aq 2 r h. ap I r t {� IV �'� .. 45 ., 44 5�) � 020 022 s its �ZS) i6 I�ie)„ `^ o ^ .r' "` s� c 4c�s, n t •,S�- 0S �, 'l x_51- r ia 9 f q • .' � `� 1 R cj 11 t 13 y 75 l 1 n 0 a tni � 58 51 5 5 5 '^ ^, f A rn 5 (Go l�� r 4 75 ` . r r rr �• •' 75 77 '. • 91 3A F4 4 ©4 Ej•V '19• (IN 00 1) •► 9 • 21 �'► 2 t air 7 7 S _ 7 3 7_ '7 4 1 5 +� _" _i�-�_ + • C - — ��? p '' �' p •t sh 1 ►c n� R•1 i / . O•• 1404S ?It. 75' 75' goo' loo' /C2 e?': ,5 4 �•.� • �`- X72 ?/ n �► c'' �. •� . 12 �� 1 / �`� �� e- t! t 73 � o � �, � �2J � J■ r. - —,-'— _ - S' fee a 90 204 t64 230 C? 0 � �, �'; ,�• ?.Aa 4t (to'. •.� �► m 2 2 . �2 2 f l', , ' R�- loo' too' .0�.3� v • S' .• lag' 1 V-- '1s L_. ��,,� �. A 7 . I# err 3c 3c (c3 ; : 1 Y 4 . ,. NIL, 217 0 T 28 h r'► •r f► v r 48 14 %irs Ito ., r: N � � o c2 Z � C11111 %I- 17 fel Is 258.40• y Fill -� Q/Q 10- 29 -22 -44 PROPOSED AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER IMPROVEMENT SCALE l 1 N/A r 11 •9 j• 'p C ON OC MN[ o to - -a,7 � ?O t) •, :. T t t L E ;'I 2 ^ �` , - - c, • ?�•, ' i• J L" �.r+w . - L i «1+.►- �.r.....-�. �l +Arm► �..r -�,±r= r .v r : " "`�'/•"�►+T '.J1. j � •" b ^ • , _ Ili 2 L! 2!T�k "111 3.1, i� Z'11 t _r._. -. 598.89 - - - _ _ _ , •ee At P. ^1 F - a / --C. a �44, oar (45) ti' vF if,t / _� s 4 t ,r • r�.. Ni v ,• � r z MAP �-�- — L j /• • Z 5 N r LAR K AV E. 0 2 2 1 09 47 09 J 2 2 n 226• 5 '?- 374. 97_ - -- Z f. LAURIE ROAD • • _ t99 S? c !j Is 4 -'- _ z Z ar 6s+,' �►" _ __ _- - - -- A loo' 150• p - � o Aso• -� 0 h - wit 1 y 50 F-it / �j fli � ?� O 3 1 ` � - _ l� _ � - %t's i► - .L •.. _ � � - - ra_ - _1 - 1 •i.' 4E� Z 10 �0 h o :� z ) IrO z3j� o' tz j • h �2j! �2 �-.� L4 � Q - " . r^ fr' �i n a 13 rn _ w - 31 ��. t r go J - HOC 3 ` � fn^- 6 VA . 8 -12.99 i� Ex,e 1496825 ��-''" _ ...._ _ __ _ _.�. SAN DHURST AV E. 'A F(�'J%Doc 1640'753 6 _ 1 of f!V N 73 p • c_ s d 41 -7 t ,10 0 ►90 1 2 G or - 4 Vol (7i 090 p Ion n'. tt•:i 1 i'% a r2�j ; ��n (fir 7 1� n r (� O 2'l.p ( !U N • • f 'r' :t •J ' • � r 9� M Q/Q 10- 29 -22 -43 PROPOSED'ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER 'IMPROVEMENT A,,-D-= V - -- N-T-=Y--RO T';'I tit SCALE N N/A I . '4QS••a3• 43• °90' db' es' 8�s 9S" A•'si _��_ +�, ,t� A�_.1 __�?! _.. _ei �''- +_ �� ~" z.' I A I I-&. -G L_ FA v r14% I %jt f"k v S 43 43' •• m _. c • Vr, , „ , , � •l 5 •0 7 ' 6 (3 87 awc (4 25 ac.� eu 5 4 3 1 no, Q 0,0 ' 6 � .7' i 'i ; , OF O �� N 7 N 9 io t 1 �Z 13 �q N -- .10 84, 34 84 3p .. ., 94 - In G R A N Dv I W I AV E. ' I e' � c� 84 42' 84 32' `' •, ,. •• 0 a �? N � .-•- I O ?L� 04 ?.� h 9 g r E L f. 6 1.0 TOTA 6 s jt .� I Wilop tj tR A � 04' o_ I t , o ,� o - o r . �' I i 4V 43 'ety 9t 6 -311- 4 s 5 v $" -- c r ` t Sts . 45 i + 9 5.g O 10 1 12 S ; , i 1 1 13.9 I V N G Ln 430 30 Road Esmt 3.24 ac. 3 J7ac 2.93 ac. \ •p ,' O 6 O • ' t , . 54 ac 030 �c3C� L o40 1 33 (an)• �o s 12 N a, �V � } � • N ;�; ' �� o Y cu 29 &$3 t 3 a 1� . .a P .. _ _ - -- }On;•,' yy•� !_ t W- •� 4 t '� •O C ONOC MNE D 14 2 #7 - '7O Z` S T -f I - E.- 3 3 9 z C - _ r r jt J .ii•/ yJ r = 1 i i .. • i • • ► - r r - \ w •A �_ E- ! r r • ` 4 , A 4,0 3'� �! — — -- -- — — — — �Ql:i. -� --��— y -- .— — r` tL 7 . — iI .•.�� ;y�� �` 2T_ —f Tt� 5qa 69, 14 Q/Q 10- 29-22 -42 PROPOSED AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER IMPROVEMENT SCALE 1" 1 N/A 331.65' IG5.825, 100 231.!03 . �� • 3311.(PS c P IMAL 4 331 rn Cal 331. 65' 4. ZS ac. 5 4 3 2 2.19 at.. 0 N c g� 1.3G�• s 1 tv co m 10 j;q .4 V, %A 1 4- (n 231 • ILO + oI Del 86 10 chi o r %n CD 12-o 181 13 1,4 04 107 0 • in cv 12 3 oil G (65-97! .14 _ ___�;_____15..___��_________ �. � N I -16 _ ____ IN I U) co N 30 F T. OAD ESMT. 3.34 ac - o &c. 2.73 ac. &c. 0 3 W! 40 (13) 14 ra a' N 0 A , Q (8� � o 104.!b 0 v -4 ft- 3) j4z: 00) 14 loo 11050 in. in .3 0 (�4. P� - (C4. 2 t. Z" 11T 4 SS .01 YX cz *4 'Doc 1649901 I-Le-" 1i to-Z'1-70 CY)FILE 3-73910 lopen*j 40 GEN; ;mu u nwo 4w 'a 4w l"l olo old% 4w 4040,4r4ft I" am 0, N 11 ED L CON U D j 300 v- 04 Q /Q, 10- 29==22-41 PROPOSED 'ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87-32 STORM "SEWER IMPROVEMENT 4 ► O Doc N14r79O'•� O __• 44 _ 95 96 oil Z 95 ' (rr; I I� S 1114" 13 12 10 9 g ` S 3 2 15 14 13 12 10 co 11 9 a 7 S 4 3 2- f r2-1 ?I. , . '541 rl- - -- -- - -- - _ i. h - VIA 1D' • 1. u;R !� 1� 1� e 1 t i 9 ^-' _ 22 24 �, b L c- �1a 29 3-0 31 � � /6 1a �9 �v 21 �2i 2� �y 25 <6 27 29 3- 4 e 40' of --4 a _N o 4� _o ! 124:8' \A4- 6 0 4, f to e�1 180 6 14 13 it 9 1 3 2 15 14 13 g 1 �., , t� �t -IA- ` -*A ,. . jr v �? 16 J9 20 21 22 23 24 29 6 27 8 29 v 31 ` t co 17 1' 20 f � � I � 5 26 ? A 27 .3a �.., L 8 .d' of ? ZSt 2'1( 301 ', 8 4 4 •s4 a b f- - 1 � � os K: t - -- • -P o - - eo . _ 14.0 so 1 17 90 1 1 U 1.5 14 13 12 11 ,ij 4 , z i ►5 114 2 tI !C �9 4 3 l� , —� — .S ► 130 { 1 i•, �► 1` i' � � �• � f ►,t 4 • ;-oo - �? 19 21 2 24 26 27 29 31 i Q! 16 lg O ` 7 t 2 Z2 � 25 261 2 2A 3t'�' �- • t1J 4 $ 46 S, s �i t s. ►2 s. c 7 T 1 ., t i 1 1 1 � �,. •� l ^ , 12� 'rQ � 4 • • 1 Qi wl r . 1. . ..� �•,+, - �: � 210 2 4 �. 19 2 { E • 4 t3 MS 76 9 4 w ^ 41 3 Q 60 R , B7 L o► v. Is Q/Q 10- 29 -22 -34 0 PROPOSED 'ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER IMPROVEMENT SCALE N N/A J I • - flnc t..+4 t4 t ^7 Cam1-49,o,; r�.�LA.t� ii.. k4 fl+ .G N 3 3 40' .. . /71 46 9 SC Si r I a 1+3 64 53 r A� C P �i 0 9 a 3 676 A E. DD, 41.,a IS8.17 7/.04. 14 r5 _t a ac 21 92 zol h 'I If ,1 c AV E. Nt Z N •� 'V /�- N 2 p 1.3 co �•— t 74.50 (f'} 4 -0 -- N O 73 V � � O • 4 248. GT 15 7z t^ 146'. 7 c 4 o Z ~ � ° 16 7 � � �° Z15467 !� �i -}d 3s 4O. ti 12 it to 9 8 h s 4 3 t � 13 14 IS ib t ^, is 19 20 21 2L 23 A.� 29 L 4 .e � 8 � LLJ • 1T _ 31 ROA D /o T-- '�e - -- - 60 1 _ (� �• 0 r r•3 r t 2 I r ►0 9 A •7 s 4 9 v 28 15 .:; ; mss.. . � � r X ltv i i 19 ?� K r E5 f7 1 21 h __ ► 1 _ c 4 D o 7 � 0 ' PI s- ° iQ I C ,h IS 14 ,3 5 7 b bv-, 'to I 71. 3 1 2� J ,��3 34 - s 2o oo RE s 1 t- D(, &M OT 0 0 1b s8 191 2C 21 E2 2A 24• 2 4 O f - 130 , �U �i D. .S� H L. I T h, / D N. b 2 3 39 R� 5 a / �� + rwe7401 47 ac 2 • Qss 0 0/0 10- 29 -22- 33 PROPOSED ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER IMPROVEMENT SCALE l" 1 N/A L 4 .e � 8 � LLJ • 1T _ 31 ROA D /o T-- '�e - -- - 60 1 _ (� �• 0 r r•3 r t 2 I r ►0 9 A •7 s 4 9 v 28 15 .:; ; mss.. . � � r X ltv i i 19 ?� K r E5 f7 1 21 h __ ► 1 _ c 4 D o 7 � 0 ' PI s- ° iQ I C ,h IS 14 ,3 5 7 b bv-, 'to I 71. 3 1 2� J ,��3 34 - s 2o oo RE s 1 t- D(, &M OT 0 0 1b s8 191 2C 21 E2 2A 24• 2 4 O f - 130 , �U �i D. .S� H L. I T h, / D N. b 2 3 39 R� 5 a / �� + rwe7401 47 ac 2 • Qss 0 0/0 10- 29 -22- 33 PROPOSED ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER IMPROVEMENT SCALE l" 1 N/A L 4 .e � 8 � LLJ • 1T _ 31 ROA D /o T-- '�e - -- - 60 1 _ (� �• 0 r r•3 r t 2 I r ►0 9 A •7 s 4 9 v 28 15 .:; ; mss.. . � � r X ltv i i 19 ?� K r E5 f7 1 21 h __ ► 1 _ c 4 D o 7 � 0 ' PI s- ° iQ I C ,h IS 14 ,3 5 7 b bv-, 'to I 71. 3 1 2� J ,��3 34 - s 2o oo RE s 1 t- D(, &M OT 0 0 1b s8 191 2C 21 E2 2A 24• 2 4 O f - 130 , �U �i D. .S� H L. I T h, / D N. b 2 3 39 R� 5 a / �� + rwe7401 47 ac 2 • Qss 0 0/0 10- 29 -22- 33 PROPOSED ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER IMPROVEMENT SCALE l" 1 N/A e • • � b , Doc t 7 P 3 'i fi4 3 roi t F i...__._._ d- Doc 1'153 ��0 69 3� 9 4O0. _ 00 ' o d 1.51 ac. v s° c t 51 ` t i. ax. - ! N . ?G I 433* (-Z041)--, - 204 �) 1 t I.8 4.OTC.. I 51 1.31 ac) 1 (5 25 xc 0 t - 433' • 40 .7' ac. ' n N ` All S i 04 • � I t 4 .a 33 tih N .. e+i Ln v. b it "t 17 7Ik 7 - - K-1—N-0— — e C) N � 3.22 ac. !' 2 39 ac. ► 26 ac ew ' 4 111 . Its t �09C�1I o ts3 , I 50 ac + + 0 ,N t 40 12 0 '' ► v ri ir 53 ,�► - S2 lab ; t w"T' i S to f r< L..r - •�T'.iu j �� Q/Q 10- 29 -22- 32 PROPOSED'ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87-32. STORM SEWER IMPROVEMENT SCALE N N/A I (: ti wd • • • 41 1 on R_ IV ATI Smof r-1 4.67 a,c. A a; as State 04, DO B. P. Par 15 Q7 0(v 84 —T ii 0 C) 10 (7) 87-A9 (30) ti 0 13 817 06� (2-D (2f0 2 pj) P 1) (31) A4 4 .3 2. I f.0 (4) (3) 15 16 17 \001-1R 19 2t7N 0 4) v in 40 -_ 11 GRAN DVI.E1rV - --AVE. - 33 8764 84 —T C) 10 g a (30) ti 817 06� (2-D (2f0 2 pj) P 1) (31) (37) In r 11 0 z 13 14 15 16 1-7 0, 80 00 04 1 A4 3 2- (0) lb 20 ID SERVICE 2 6 446A T% A4 55 tin ti ji� r 54 v + i 0 Oo- 107N 7 v% p 4 3 07''t 11 .0 6 v t%3 kni c in Fv tv 906 .83c. .0 SHERREN AVE. 0> @k (f) 14 0 84 -71 0 A 4-o) u Ac - 10 070 .0 ep ft r J e)l if all13 ?� 1 173, 1 77 er Of 14 i A 197 iro 20 1. 50 rO'4 0 14 lam V In .. t 6, 6 UAA 323 S�b 3.b --l-s Q/Q 10- 29 -22 -31 PROPOSED ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87-32 STORM SEWER IMPROVEMENT .1111IIIIII, ul SCALE N/A Q/Q 10- 29--w22-24 PROPOSED ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER IMPROVEMENT SCALE N N/A 1318.38' , Vill 2.33 etc. 625.38' ---� M- - ' z4► 0� t o 0 05 ca - -- _ o10 H :.. � h z4 X 03 ot4 (4) C o tl o I 1 or 7 1 019 f •, .lre) + D L o L 2.30 s•G. 6 so 0 m E* B ROOKS DOC AV E 4.80 ac. ,Q iro' r�o • 037 0 035 r . eo' 150 • ►� o nn T .o 02 0 2 o � (8� ��� b S O r Q a .�'+� .4si,�,. .C,9 ate. (Ii� (12) in ( V cr. (IG} < (13) h ., 6366.70 X10 , 33 0 m a. 75.03 c. 1662.26 Go go.ss GO 75 . 3 �0 75 75 70 441a ; (2.7) t° 8 7 6 5 41 3 (33) - (32) (-3 I) (3o) i ) (28) (2 �) (49) ,0 6o 75 0 ,ip.44 6 75 75 0 70 9.S N •,� 3 SEXTANT AVE 1 State of Minn. ~ 349) v �1 154-24 75 75 0 7S 7S 76 Grave( Pik �� ?5 9t.i4 4191 - G - �0 "4z) '�` 41 ° `40� " (35) N (3 4) 9 •; ,_• ( {3 S) (3 7) N (36) to 4 ) Ito S G.o �► _ « Iso.07 P (39) = �, 2 '9 th • h 5 (6 }) ' � -- - - -+ - -- - -- - - -- ti (`� 3) 0 � 8 - 75 , N -- 16(0 s• - 3 • e Ito �2s.�G 75 7 d 6 5 4 N 3 ��s.�� .... AIN �' & TILIT 51 ate N Po n o (52) 6 r (4 4) r, 11 w Esl 4 T. CZp) p4NA 14R.tt 75 Lo 75 .T3 O -- - - 0 P14.4 ~ - q Ito - — — _ � CA- E� GE RV 8 t (4 n N 5 cr_ 46 N 2� 3 M 4 N S N N • �2 6 N s ~ (to 3) o 110 • 4 � tot.21 $O 190 .w 135.3 41 , 0 � l •, E -5 ' - - �n • ,,, 3 87. 0(o ea' 4 s' 43 0. Q/Q 10- 29--w22-24 PROPOSED ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER IMPROVEMENT SCALE N N/A 3 _ 1 0 i of •(oo�c , � � .32 ac �8 c 33 6� 100' too* too' too' top-_ 93.64 . • s 63. - -- - - - -- -- lb let 130 - .6a ttc. 1.42. nc ` a 6 1 1%1* 9 fn ►• o 00. 0 4 20 tto 1 N ��s - 04) � to f .31 as d 1 2 3 4 6 �� 7 c� (80) 140 C5i (4� (3) ( �I } 30 twJ �'` t o �15�✓ t l le 77' 146 ISO 05 u0i 08 4•! ac. o N ' o goo � � 2 3 '4- � �•�, I `� 4V S 10� 9 6 � 0 t v O , ti 0-T—.. *3a �T o 97' 201' 1 91 _ PMA EAST 13RO6KS AVE • S 1 t � _. _ Q _190�ib4 !.. O�_ Jr St 10��or St • 290 -ja' 1� O 115 J o �. 80 h 120 — - - 1t0' stop• t 100 7J l �S� Oc N r N -I ) in V h .2Fiac c, .2sic. , .37 ac. Q, %n .31 ac. N a (72-),+— In \'D C3 I GO in In 0 �o 140 �os� lob) °e (o !Z - (IC) j 5 a . _ � `� ( ) i�• 1 ( "lf (lo� (21) (20) - (19) (18) (1-7} eO 110' 1 0 83 e� Y(z.00ac) .31 ac t in 2. 3S � c • `�► t R 1 0 iso t* 1 r t1nS 85j 803 too r 1.97aw .� o m r �9 z) (C 7) _ J N (6�) �' •s4� •3 J M - in.ZS a'1ttS +� tbt) IcoS b MIL 3tt. 13 ' - �C 1.8 6' ' fo45.74!s' .. •�k ( (23) Nn _� 30-7 {e � 0 5 0 ; 0 ec? 10 0. ca' bs. Q/Q 10- 29 —22 —13 PROPOSED'ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER IMPROVEMENT 2 Q AVE. 8! ' '• B l ' 91.54 ' 3 3 S , 3 f N 13 12 8t' ii 132 S.7 3 31.05' w �� �•� . 11 lO 9 6 •• Bi' 92.77' d -- 0 q C.)• f SCALE N N/A 4 2_ - - l Z 54 5� nj 01' 90' 90 90 3) ds b5' e•�� a s�t3 SE TANT IR s y� as et.e �o Fen, h 7 21 m 7 z 'M Z) (53) (54) 44 , Bs < (5.1) t-'o" •}� r ic- 14. .IC 13 r- 10 _ 9 B in W � 14 m 4 � �0 9n' t3G� 5 ' 0.1 ' %o- 90 • � 12 9 Z..'7 7 - V-A Tr.,_ A NLL-p- 4 3 0!4 ,k' 8 .26 � • .. . • 4 a b 50 Q/Q 10- 29 —22 —13 PROPOSED'ASSESSMENT AREA FOOTPRINT LAKE PROJECT 87 -32 STORM SEWER IMPROVEMENT 2 Q AVE. 8! ' '• B l ' 91.54 ' 3 3 S , 3 f N 13 12 8t' ii 132 S.7 3 31.05' w �� �•� . 11 lO 9 6 •• Bi' 92.77' d -- 0 q C.)• f SCALE N N/A RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, the city engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of area roughly bounded by English Street, Gervais, Avenue, White Bear- A.venue, and Ryan Avenue, City Project 87-32, by construction of storm sewer, and 'WHEREAS, the said city engineer, has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as foilows: is The report of the city engineer advising this council' that the proposed improvement of area roughly bounded by English street, Gervais Avenue, White Bear Avenue, and Ryan Avenue, City Project 87-32, by construction of storm sewer is feasible and should best be made as proposed, is hereby receivedS 28 The council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited ,property for all or a portion of the cost of the improvement according to MSA Chapter, 429, at an estimated total cost of the improvement of $1,44492006.... 30 A public hearing w]**.11 be held in the council chambers of the city hall at 1830 East County Road B on the day of 19 at p.m. to consider said improvement. The city clerk shall give mailed and published notice of said hearing and improvement as required by laws AGENDA ITEM Action by Council - AGENDA REPORT Endorsed Modified 'TO: City Manager Rej ecte FROM: Assistant City Engineer Date SUBJECT: Water Dist r i c t 8, Project 86-15--Schedule Assessment Hearing 'DATE.: August E3, 1989 Introducti-on Attached is a summary of the proposed assessment roll for the subject project. It is requested that an assessment hearing be scheduled. Barkqround . The :same assessment rates are Util ized as was presented at the Publ is hearing. That is, $100/unit for parcels that had previously been assessed for the or.ic-;inal construction of the Ma-il.and Road booster station and $250 for all other parcels in the service area boundary. The proposed assessment rol I util i:zves the :density +actors in the 'comprehensive sanitary sewer plan to det.erm3*.ne future units in currently undeveloped land. The assessment roll recovers $551,850. The projected recovery through assessment given at the time of the public hearing was $5321250s Recommendation Due -to the 'large number of parcels involved C 143 parcels) it is -recommended that a special hearing date be set. It is recommended that the hearing should be held in John Glenn Middle 'School cafeteria during the .week- of September 11-15, 1989. BAI iW Attachments .DISTRICT 8 WATER IMP. ASSESSME!'PIT AREA ASSESSMENT MAP PROJECT.'8 6— 15 District 8 Water' Improvement SCALE N N/A ( )l 1 TO to ► - 143 4r PA CITY OF MAPLEVVOOO . ........ M � Q/Q 12- 28 -22 -12 Notification Area Map PROJECT 86 -15 ` DISTRICT 8 WATER TANK IMP. scoie:N /A Date:g -1 —g r� • ♦ .60. ' Ilk 1 • •� J LIJ �� r �►; • :1 W � J V I �' � •; f � � l o ,• Z t all at n• t 00. LL .�.• \ • „a`• , 135, � • ,s, .., ,, 1r cr DAY LANC Oil Oil, If tA � A ° LLB ,, `. � ��' � , • a •1 • fly A4) w lb r 14 C%v 49 61 P() ND vr •� O �. N1 •► �3 a r. cat° %y `�' ►; ,:.., s 4 3 .� 1b , 3 'Ib elk r � i 44 1 fir. AS •� r �' ,. �0 O O'�DAY CIRCLE Cr lez'v-j�d— - - 44 •0 r Elo�) 7 ►a� ': 0 10 co •: r j r / .0 LID Q/Q 12- 28 -22 -13 • Notification Area Map PROJECT, 86 -15 ” DISTRICT 8 WATER TANK IMP. Scale : N / A Dote:$ -1 -8 '�• Yf .0"Ift • - PAR K -� 4d.at j Olt • s ♦ V I 1 • 11.SSaG • .. ' � •�h�•r Doc 1 59. '. 3 (^ 44 V S j 4 - _• • 4.7 S •' n t {� . v e o .06 . - -� pW N i TMEN -r O�NNERSHIP 1. APAR . t4 APART MEN 1�O �. N 0. 50 NF MA'RA A II. co _ s NNEMAR . (to / - /q`) (198) Q /Q 12- 28 -22 -21 • Notification Area Map PROJECT.86-15 scale:N /A " Dole :8- DISTRICT 8 WATER TANK IMP. _ u � •• • 1 .J w1� 11 � �.....�•_ -: RESERVED FOR • s D , Lt r• O40 �� ••+ v.. . o t0 4 R ' ;.v ,. %i 1� Q/Q 12= 28 -22 -22 Notification Area Map PROJECT 86-:15 �.�- r�i,.,- 0 1 A I -ATGO 70NI4C IMP sca►e : N / A Dote;g -1 —g� L!Li .• : `. n'1 FR 0) f -7'% tt •• 7 ( • • . lam.! r 2 ,- • ~ N .� ' , t •• (2 °S1 �'•• ;2J141 3 ��.�, f► ,• i I • 46� i f • 7, • .. / Fl- Zi • •d - _ • .l2 2i� 9 2 2t ?� > � uS) p Q 23 •' CJ - yr 3' Q ' 26 2.9 »s Y3 (2- j I) �L CL, < dp \4- ��s • Z, p ;L47 9-4�� t V /Z so r • '�S A t jn C� -) ROAD Q/Q •' 72- 28 -22 -23 Notification Area' Map PROJECT. -� nic-rRir.T R WATER TANK IMP. Scale: N�A r i 7 C v ,� •t' A 1 I ,?• �u � ,p �j .� 4 ro ` 16 �n ., 'rte 9 t. 5 l . � . •; .. 1 ', �..,. l •. �• , � (3 a � • , � �-.. _ _.1 2 6 1b 10 p LL , 14 �� C `C�Q,� Pa1i 5 A _ 12 � V E . • 55 , 5 t 172. = •z ^ �S4) 4 - -' • 1 � POND . 1 ILI 36'' (76) 9 O (j$� 8 , r 7 A D fir. + ftft� h . i i - -- co f ? 2 (0 9� 130 123.64 4� .� ".'ru'� �. ,� Sr; Z `� •� 41 •1 'K% 1, cr IL 3 9 G - • Q •' , . K1NG �. (7 7) E `�` • ' , ° ► .� .: ; OUTLOT A ; . 6 ��•��' l ' .' 7 -. • ► r .• 4 '• •. � n. 1 1 1 _ .r Q/Q 12- 28 -22 -24 • Notification Area Map .. PROJECT; 86 -.15 niqTRIC;T 8 WATER TANK IMP. Scale !• �•• • r . , �4 �OUTI 0 r ' 11 e• ,jam 1 ..rte t 13 3 3 (4-5) � r3,.z • (44) >� co j 35. 0 �'• A t: �:• • +,• t � M 7 C v ,� •t' A 1 I ,?• �u � ,p �j .� 4 ro ` 16 �n ., 'rte 9 t. 5 l . � . •; .. 1 ', �..,. l •. �• , � (3 a � • , � �-.. _ _.1 2 6 1b 10 p LL , 14 �� C `C�Q,� Pa1i 5 A _ 12 � V E . • 55 , 5 t 172. = •z ^ �S4) 4 - -' • 1 � POND . 1 ILI 36'' (76) 9 O (j$� 8 , r 7 A D fir. + ftft� h . i i - -- co f ? 2 (0 9� 130 123.64 4� .� ".'ru'� �. ,� Sr; Z `� •� 41 •1 'K% 1, cr IL 3 9 G - • Q •' , . K1NG �. (7 7) E `�` • ' , ° ► .� .: ; OUTLOT A ; . 6 ��•��' l ' .' 7 -. • ► r .• 4 '• •. � n. 1 1 1 _ .r Q/Q 12- 28 -22 -24 • Notification Area Map .. PROJECT; 86 -.15 niqTRIC;T 8 WATER TANK IMP. Scale !• �•• • F4 4, F its v ICD CO in tu two tu -.0'. 1A H U N T- 12 el LAJ % > 254.30 8 7 cc 10 1 fr IS 5 4r Ti ta- 1, el 0. 3 )3%3 lob cc 1z; I 1.. 60. 23ac 23 4Z, C) . �:' 4 2 c, w -;F 5 4 T 2 90 IZ4, 21 40 1AJ ------ r s - cr 6 �3 3. U 71 %VA! - K WAY 90 9 .77 KWOOD D R I V E HILLS I 90 /Do. 0 0) 6 (.7) %3 (4 10 47 1.9 -w r , V; I 0 A7J- 4, 4U 1+ 0 sq) _�s •1 J n j s C (4ZJ) -LJ3 4. 3 (24)4 1.60 Fo DR4b It 314.&J % 4r 1 3 O 12r 9 20 139.50 z 19 4 f3 4 41 t 9 30 14�1 7 144 ne r) 5 95- Jw" PROJECT-86-15 •• r�io-roi�-r P \A/ ATT=P TANK IMP. scaie :N /A Date:8-1-8 40 •A ' , r Q/Q Notification Area Map PROJECT. 86-15 10 .� r,ic-roirr R NnI4TFR TANK IMP. Scale :N /A Date:g —� —g r� Or • � • CV � • 9 3.u-. IS 4 •-� '' t Ll � - '' ; .�. is •� • oe Cpl Q (50N 1 t. oZ ( -2GS.o 1 i ., 43 0 7..50.07 N 1.45 o� . � (�4) •s o ,1 � •% 22 - W 0'7 12 277.•)% } '' (� •' 71 ``�� !03.07 J93. Y3 I S`: •tJ,� • n uV 3 do '• R 7.54. ` 00A , Ks 1,, i p TEAK WOOD - I CD O TE COURT L45.04 - kit 0 4. �► L1 �� too Ar. 2ND ADDS V1 c 1p • -ZZT OAKRIDGE 2 O A ' #4 rb 3 1 U, 13'4 `yi'•, . ,p ' fcvt'•N!, O to- i 0' - � +v` 4r I p,. 2 Q/Q Notification Area Map PROJECT. 86-15 10 .� r,ic-roirr R NnI4TFR TANK IMP. Scale :N /A Date:g —� —g r� 4 to. %,a • • zi U at • CPO) I , D 0 e Cso),2 3 CC 44 4-.4-8 0 Cr j < q3 0 00�0 Q) 4 2\ X A 1r) OUTLOT C q%0 0 0 ON 5 4.A. SL-04 t3oard of -W-uter (47) H F IC Q/q 12-28-22-33 Notification Area Map PROJECT-86-15 n1_qTP1rwT 2 WATER TANK IMP. Scale* N I/ A] Date:8-1-8 _8 z� 0". ed", f4 • 04., 0 \ \ -4 got Ct: 81 'CL 0 9 Li LA. Li 7 -b (37) OUT L01 El oo. IF-74J 715r — L_ L So . i Q (93) C7d) ry (90 (77). 490 Q/q 12-28-22-33 Notification Area Map PROJECT-86-15 n1_qTP1rwT 2 WATER TANK IMP. Scale* N I/ A] Date:8-1-8 _8 five .1 Q/Q 12-28-22-34 • Notification Area Map PROJECT,86 -15 DISTRICT 8 WATER TANK IMP. Scale: N A Dato:8 -1 -8., L� .i 9 304070 /66.62 °s� ��j y�l 2 118 ^•i 35 10 �"'•� ,, '� 3 s '°iD ' T sa ;�1 N 4 rN o ROA D JZ#- E%rTV I EW 4 3 2 IN �4 ..�,, t /e.•� 3 1N 3 •8 � t s N W V CO Zd 3S •� �. - cli u OUTLOT B CL' 1 2 3 4 ! 2 3 4 OV T L O T B Q, � (139) T 4 3 2 1 , Nq 3 IZ OUTLOT C �N �s e 3s 3s a et . ff zo .o a POND I to lsXlt 3 ECK 1 3 o t -71)+ C R-E aTV 1 E W �!L ' 0' ` J FOREST* 3RD. AI"I., F ORE S T t5 • o. u T L o -r, • A Y (s� L Q: C11 1 O , 2 � ,� , . �j ��' 4 . <; 1 T U. 0 _ I t8 5 � , .� z PART OF CCoMMON L' •'�• �d f z 11 AREA �'oN o 4 so PON v f� • , W � 4 cn '`j SEE PLAT COPY •• FOR Dt7AIL5 , 1 • � 4 V fir, C,r(', ,'t•' •1t. -: .•. i s s• Q/Q 12- 28 -22 -42 Notification Area Map PROJECT.86 %15 DISTRICT 8 WATER TANK IMP. Scale: N /A Dote:8 -1 -8.. Q/Q 12-208-22-43 Notification Area Map PROJECT 86 -75 •� r.c+-rninr- 0 1n /A717R TAnIbC INAP Scale :N/A Dote:8-1 -81 7)1 i, Q/Q 12-208-22-43 Notification Area Map PROJECT 86 -75 •� r.c+-rninr- 0 1n /A717R TAnIbC INAP Scale :N/A Dote:8-1 -81 7)1 I • : (45p) 7. A fq , ,r •' t �ItJ t53 �•� 4h N t , ,`► � . 4 i � `t �� � (11 1 � , L 0 i Z. ' •� �'' 41 � 58.33`• � : < <:.' • - - - -- - - -• 1 tt' R x t 74 741 ' TIM Q/Q 13- 28 -22 -11 Notification Area Map PROJECT 86 -75 - n 8 WATER TANK IMP. Scale : N / A r� Date:8 -1 -8., L iM It•1 fT .. _ .. ._ _ • - (18) o in 1 so O tV .War, N •j' • '�• ��.�� CIS i So . f�rn� • : (45p) 7. A fq , ,r •' t �ItJ t53 �•� 4h N t , ,`► � . 4 i � `t �� � (11 1 � , L 0 i Z. ' •� �'' 41 � 58.33`• � : < <:.' • - - - -- - - -• 1 tt' R x t 74 741 ' TIM Q/Q 13- 28 -22 -11 Notification Area Map PROJECT 86 -75 - n 8 WATER TANK IMP. Scale : N / A r� Date:8 -1 -8., INV 12 ° life t r •1 • 10 - t % r7 • V1f1 two -4600 l eel, ' r • ni • •1 i �3s• -, v Q/Q .13- 28 -22 -12 Notification Area Map PROJECT,86 15 SIR " DISTRICT 8 WATER TANK IMP. Scale :N /A Date :8 -1 -8., �f r r• • • 1 , fK • / . •i t 41 • �¢� 10 •tip r • : /,� ' 1. s �' �) , � � l) ,, s .)� � S • -• i is •. 2 % - ' 0 • G W 7 v OD 6 5 4 ry 09 N 1a d EC O N d e� A N ra (17) 52 11 Of E0 9L r 3 `•a Al 11 .• �� •• • •,' 1 . •, �• Il ,) �,.) •1•. �ry C��, � - �, ��•, • 1 •• 3 ., 4 1 5! 6 t, .y C (4,1) 64) Q (11) Q • f '1 •. 1 ., +� VALLEY VIEW AV E. 1 • 1.0/..47 �iv.i f %S • Z, ?:� �' r f \ 1 C2 2) C.7 4 5 3 6 ' X73.3? ' 1 '14 •,.' n t a•. 1 � �:. : , . >: • , i a ¢ 1.�. , w 1 •.O Z ac •n•,,� _ G C4L j t • • 176 2 •. . t x r 's a ,e y • Q/Q 73- 28 -22 -13 Notification Area Map PROJECT 86 -15 •• nic-roi�-r a \nIOTFR TANK IMP- Scole:N/A Dote •8- -1 —g! r. r•fa • i s. 4/Q 13= 28 -22 -14 Notification Area Map PR OJECT 86-15 1 04,% -'Top e-% VA A "-rr=M 0-r A NIV I?\ A ED Scale: N A] LDate:8-1-8%." )-, f ta• I Q/Q 13- 28 -22 -21 Notification Area Map PROJECT 86 -15 " DISTRICT 8 WATER TANK IMP. scale :N /A r� Date:B —� —g io7.Ob 81. �S d .79 90.GZ► 10, D yAZ.Ij I ei 3. •tl .�► s` �� 4 01�7) ,� Z v3 T• „�S (8) � m a 6 �. ,�V, 7 7 S. 4w .44 �, ig. q t 3} — +. \ . ,, , �'• , 3� ' L l I WO O p 40 `ru �' fS. 10.3 86. b o 86.6 � - • N � `�:'' 14 ' 13 12 f lo T IR A or •} �^ s• 9 6 0 �. L3J 6x.97 Gt.B� �a.Sr ILt. r� P. 3 S 54 6�• D L 3 S Bp fb ;1 e� OUTLOT h G ti R'i OUT L0T. F h Q/Q 13- 28 -22 -21 Notification Area Map PROJECT 86 -15 " DISTRICT 8 WATER TANK IMP. scale :N /A r� Date:B —� —g A lei zoo l50� r. 7�.9.i y ^, �s) nove �n 7.4.r 41 ��� '28 h V -.(�7; n f� ; -(•�„; uT.tt�gf�f ERG SC j^ .• �• W '? G ry + era. {t�itl 14 -. A D D. 3c�• l o S o �-i 8. d i � b o 17 Q .. ?0 (1y) mob � .1' +� 1 .•� �. � r i ` ♦, !, �t�v B � p ` C43, i i I Os fir` / .tI H 3 7 L B UD D" i - AVE 9 e 4 �.S ro ����r F.: '� l 1 1 9 15.% 1 O s y L� ? r.j I _ .. 40 44 N 'y• ` ♦ t v �9 $ s i v 0 •l�l ' W, ter N CC 130 03 r ( 1 0 o A °� �� a* (2L) p o 2�� Z) o ``}'Sl Z h 'c.• ~• (Do D } ` +1 co + . 6 ° 9*. .4° 0 a r. -10 3K 0 L T ` 0 8 12' q It 4� Cz 3) a 1 D 01 T 0 ( t 3 _ - (5 7) Ito /S Ior 8L 127.)S `✓• rro.7G 164.38 X14% _... _ - P (47) .,� 2ND i5 -qJ A fl (3, 0) 4 o ao • b \ 1 r �QQ ,y (4 I c5 • � 3 tS ,q) 6 .� ,lr n DDO • p •ti o i'A 7 r. . �•. W E T L A N D 1 1 r 7.r. 4 ' % 1 J32, Z 3 0 152.79 boo !7S 64 �(-3 2 T 10 0 A.4 o a a (3 4) t 3s, •O G F O OF �� 1i 8 iR Fs A 69) � O � � �b7) o y J OOD OWN 5 0 H J• -' v N OUT LOT B O 1 V ' �s b r z 3 3. (o 13 Z 12 12 _ 7 - + •. 2� 88 i► 3BS 14 2 t n + i0 Q/Q 411-13- 28- 22 -22. Notification Area' Map PROJECT 86 -15 ' DISTRICT 8 WATER TANK IMP. ft Scale : N / A Date:8 -1 -8 , i 111, 11 • lot %9 15 14 13 < 1)4 Of 107 too TI MBER TRAIL 0 A. 013-5 100 y V 9 r, Css `l 1 v ` 4 -T 10 ol iq 3 1 2 14 3 4 <1Z (8 ID) 00 (q 3 111.514 goo t 4 ZLO so (.0 . . .... Q. go P 4P. 0-i v 6 6-7)7 90 110 12jf • � 60 7 too$ P H Y L 1 S COURT, • • .... _ ._ .• •: �8 j } - C8 � J 3 Q • 4 1, r Ak .1-N 0 CP S4 ,t 2 X 3 4 0 •a ��R 3 7) '84) t� C) CA) 4 ISO '70 7 3 0 C. ..-c G A T L I R I D E a _,;,,.� _ , - 6e) 1 )2 ((p7)3 (0)4 N) (3 4 � ) - '; (+2) .:k Ct > D' m 76 - '50 VALLEY V I EW �'AV E-0 - % 17;� .• EF , �• .� �, C t� �- 743. 78 '51 -*d 41- (44) (*1/), f 72) (7.3) It 7 cc 4 P�z ' I 2- CK 29ND/ AD Do. 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VN 134 A Q/Q 13- 28 -22 -31 Notification Area Map P ROJECT 86 —�15 L m�_ 0 Ann%, "Won Vnmwa .4-r A K I V A D scare :N /A • 1 Ism ►• ;.►. rgil ' e � N • • Q/Q .13-28-22-32 Notification Area Map PROJECT - 86--15 _ s OWVWO r- r-m% T n w 1 I 11, A T"1 scoie :N /A r� Date'R -1 —R +�� •: r • ? �• wow ;, �_t�• t -,.ice -- ��� �, , \,•- '•.- T A I O �[1 09) 0. 3 in i C> _ AS N . ,,, • ' v �r. , j dr C J � 1 1 f •1 am • - -- N' •_ • 2 � Ali .<< . LL. a 0 t � Soo • • i • ale (+ �� • .•V l`f •i • • � 1 f v .Y • . � (2-0)v � . i rgil ' e � N • • Q/Q .13-28-22-32 Notification Area Map PROJECT - 86--15 _ s OWVWO r- r-m% T n w 1 I 11, A T"1 scoie :N /A r� Date'R -1 —R AL 43 85o.4o 46 • 'b +� .,GONYEA"S v .41 ft 2 _ , t1 { s} 45' fe 3 ley 00" 10 6�- _j OAK aA 16>0 too :00 70 Q I 4 6 7 8 (9) •) 9.6 r 0 U T L 0 7 Ado f3) �21) RE L AND '7 4b a 2) cr\ (z gig 13 ya, 77-19 19 1 H G T�_ 179 1 T 17 Q D) 1 4 ��j 20 7^ 1. 00 32 2 7 ti 2.1 (AZ z 3 Z Z Z 3 24 P. —5 6 \% wt - S 400F$�.P, (27) c*l 10 X0••8 0 10 too..17 \� 35) n4 .5No W5HOE Ina Z) 95 �38) (3 � 4) n (33) 9 3 4' ) v .1 , Z! �3 7) `� i .q co nI Y 4 D"% u Al 6 ; • (44" 45 161 ADDJ 3 ZNO EIGN S5 A Y% Y, AS N G- 1. In Cl em*% V I Al r% in n e.* rO P t. 04 L V �,Zi-27 'l 3-28-22-33 Q/Q Notification Area Map PROJECT.86-15 �•�• �- ,•rn�rt� >t:�T Q XA.FA7T=M T A Nit< I NA P ft • I ScGle:N/A Dal e:8-1 -81- 8 1 �--- -j «..: • w •v "a • Yf S, • • i kn C Ln 001, Q A M (24) ov E%l r • v v oaa. 1 A co 3 11 e/ 4u •t _ Spa `� , � -�,� ` ��'� 3 _ •' � • � � �� 6� ;, .• *414 2 (2 - ' .. S �;� ,•. 12 17 . ol) (3 Z) Oil as• 9 6 7 k •� 16 a T � -__ 1\1 (9) 1% A 14 15 C3 6J z i C) 02) 3 oft w -� G L A N f � 2 3 13 �J Q/Q 13- 28 -22 -34 Notification Area Map I PROJECT. 86 -15 DISTRICT 8 WATER TANK IMP. Scale:N /A Date:8 -1 -8 r� L *?4 Pik • F 0 03 ,5 (I OW • I 4� • • tri A LV � �a ft - -1 .7 0 44 r 4. 01 ty 14 0. rr mh $ J Pis lei �} wr (22) dw 10 K4 90 0 fo r.l 3. Cie 4 ilk L 41 40P fit %f in cc lot 4" dw • cz) •13 —.2 8 —2 2 —4 QIQ Notification Area Map PROJECT 86-15 .401 vVATFR TANK IMP. Scale:NSA I _a Date :8-1-8 L'�' J �r V. • of I H I'll, 199 (4) 04)12 * 1 13 C A) foo--. 1 7.9 V) 135 — poo-� root 0 0 04 zoo at 14 • to 3Z \ a f \ : (6) 3 (' 3 (25� ion 3 3 10 No ai 14 -j L4 .03 10 (7) 14 f-I 7 4%v LO 14.) § LL 13 .9 9 5 5 (27) Y* 0 W s A 1 E S 5 .39) Aj — — — 11 3J. 4C 1 co of% 7.r 7 6 (243) LA %A v •10 6 fftv 44 z `� 4 d- 7 0 7 (29) cr -mos V f 0 • (40) OUT LOT A 7 C bj • Q. • Q/Q *1,9---28-22-42 4b Notification Area Map 41 AD PROJECT 8-6-15 DISTRICT 8 WATER TANK IMP. Scclle:N/A Date:8-1-8 J _ • in , Et CD of Zi t o Qt •. , 41f 0 4v • A, or 40' 40' 4 .. -11 l Q/Q. " .:13- 28 -22 -43 Notification Area Map PROJECT. 86 -15 DISTRICT 8 WATER TANK IMP. Scale :N /A N Date:$ -1 —g Q , w � 40 0 x w 0 AV L fee m now � i . 35 l� Z it •�: • � W ' t i, �, ( �. t �J 0 �;.•:. -3+^' Q X33 Nc (t-)042 37 • . 7 ,�c 1 (3) • ��2 j —jam 3 ;ic y:: ,T 1 �1� 1 . 00 3c qr dP- 121-803 1 j C 1) ej .1 #-.A 6130 ) — cl-9 3010 5-; mc- V. 0 3w . r � Zf8) � CC 5 80 C, o •i �' ��(, to _ 2J a _�� -� 3•�d•3t ` -S3O Z 4 - +32.77 .1 S r_ I :,` (! j m M �30) , -• ZiA• .ZIS! - 3t 01 c • ' 7 t' 0 . 70 �t ib�► + j.t0 e? r 1 Q-oj fib' - U lop, 9 rj � . 31 arc. Q L L� ; 1ft� _ '-o ff. Vi _ ,,,, 3�c� i.� < v `� i ! , r! J U�.� i r ) i�. ICU f . 7 d6 10 It a VL Q/Q 24- 28 -22 -22 Notification Area Map PROJECT 86-415 • � nic-rRir�T R WATER TANK IMP. scoie :N /A Date:g -1 —g r� PAGE i OF 5 D/P N0. ? ? "? 07 -31 -1989 PROJECT NO. 86 -15 DIST.B WATER QUANTITY PER RATE PROJECT SUMMARY ASSESSMENT SEC- 1.2— T- -28— R- 22 -00-12 1 PARCELS ASSESSED UNITS AT ITEM QUANTITY PER RATE ASSESSMENT WATER TOWER (l) *********01'000 UN TS AT **$250,0010 EA. = * * * * * * *so. 00 WATER TOWER (2) * * * * * * ** *0.000 UNITS AT * *$100.000 EA. _ •• • * *$0. �� SEC- 12— T- 28— R- 22 -00-13 90 PARCELS.ASSESSED rw�!l����rww! rr�rwrr -rr rrlrlwrw rw-rr- rrr -rr ITEM �- Nw -w -M -w ITEM QUANTITY PER RATE ASSESSMENT wr rrNMrrrrw ASSESSMENT WATER TOWER (1) * *• * * * * *0. 000 UNITS AT * *$250.000 EA. = * * * * ** *$0.00 WATER TOWER (2) * * * * * ** *890000 UNITS AT **$100,000 EA. = * * *$89 900.00 SEC- 12— T- 28— R- 22 -00-21 rlrwrwww �r �lr� wr r -�� �rr- 195 PARCELS ASSESSED ITEM QUANTITY ITEM QUANTITY PER RATE - -- r --- - -- . WATER • TOWER (1) ASSESSMENT !!----- - - - --- WATER TOWER (1) * * * * ** *388. 000 UNITS AT **$250,000 EA. = **$97,000,00 WATER TOWER (2) * * * * * * ** *0.000 UNITS AT * *$100.000 EA. = * * * * * * *$0.00 SEC- 12— T- 28— R- 22 -00-22 6 PARCELS ASSESSED rrr- -�.ww- rrr- - -- - rr+• rrlrlwrw rw-rr- rrr -rr ITEM �- Nw -w -M -w -- QUANTITY -- wl�r�www wwM PER lM�� RATE wM- -�rN ASSESSMENT wr rrNMrrrrw WATER TOWER (1) *******175,000- UNITS AT **$250.000 EA. = **$43,750.00 WATER TOWER (2) *********00000 UNITS AT **$100a000 EA. = * * * * * * *$o. 00 SEC- 12— T- 28— R- 22 -00-23 243 PARCELS wrr-- wwwww!- rNrw -r rrr ASSESSED ITEM QUANTITY PER RATE ASSESSMENT lrrr- r!lr - - -- . WATER • TOWER (1) * * * * * * ** *0.000 UNITS AT * *$250.000 EA. = * * * * * * *$0. 00 WATER TOWER(2) * * * * ** *291.0+0 UNITS AT * *$ 100.000 EA. = **$29, 100.00 SEC- 12— T- 28— R- 22 —QQ -24 75 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT N-- w--- -w - -rr --- IwNNN -w! • -r Mr w - -M -MN �l l�rr- r -1 - -w WATER TOWER (1) * * * * * * ** *0.000 UNITS AT * *$250.000 EA. = * * * * * * *$0. 00 WATER TOWER (2) * * * * * * * *94.00O UNITS AT * *$100.000 EA. = * * *$99 400.00 PAVE 2. OF 5 D/P NO. ???? 07-31-1989 PROJECT NOM 86-15 DISTw8 WATER PROJECT SUMMARY SEC-12 T 28—R-22-00-31 58 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT WATER TOWER(l) 000 UNITS AT **$250a 000 EA. = *******$0, 00 WATER TOWER(2) ********57aOOO UNITS AT **$100,000 EA. = ***$59 700. 00 SEC- 12— T- 28- R- 22- -00 -32 56 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT WATER TOWER (1) * * * * * * ** *0. 000 UNITS AT **$250,000 EA, = *******$Or 00 WATER TOWER t2) 000 UNITS AT **$100.000 EA. = ***$89900,00 I SEC- 12- T- 28— R- 22 -00 -33 94 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT ---- ---- - - - - -- ------------- WATER TOWER (1) *******124.000 UNITS AT **$250.000 EA. = **$31,000,00 WATER TOWER(2) *********0,000 UNITS AT **$100,000 EA. = * * * * ** *$0.00 SEC-12—T-28—R-22-00-34 14 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT **$2500000 0 EA, = **$131 50, 00 WATER TOWER(l) UNITS AT AT **$100s000 EA. = *******$0, L710 WATER TOWER C-2) UNITS SEC-12 .88 PARCELS ASSESSED -- ---- --- — ITEM QUANTITY PER RATE ASSESSMENT WATER TOWER(l) UNITS AT **$250.000 EA. *******$Oa 00 **$100,000 EA, **$149 100. 00 WATER TOWER(2) UNITS AT SEC-12—T-28—R-22-00-43 1 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT WATER 'TOWER t 1 ********52,000 UNITS AT **$250.000 EA, = **$131000. 00 WATER TOWER (2) *********00000 UNITS AT **$100,000 EA, = *******$0.00 PAGE 3 OF 5 D/P NO. ? ? ?? 07--31 -1989 PROJECT NO, 86--15 D I ST. '8 WATER PROJECT SUMMARY SEC- 13— T- 28-- R- 22 -00-11 18 PARCEL$ ASSESSED ITEM QUANTITY PER RATE ASSESSMENT WATER TOWER(l) * * * * * ** *77.000 UNITS AT **$250s000 EA. = * *$19, 250. 00 WATER TOWER (2) j * * * * * * ** *0.000 UNITS AT **$100.000 EA. = * * * * ** *$0.00 . SEC- 13— T- 28— R- -22 -00 -12 5 PARCELS ASSESSED _ -------___---------------- ITEM QUANTITY PER RATE ASSESSMENT R WATE TOWER (l) 1 } * * ** * ** 1 f�8.000 .UNITS AT **$250.0.00 EA. = ** 2 �4�, 000. 00 :WATER TOWER(2) *********01000 UNITS AT * *$ 100.000 EA. = * * * * ** *$0.00 FI SEC- 13— T- 28— R- 22 -00 -13 49 PARCELS ASSESSED pfe ITEM _ b QUANTITY PER RATE ASSESSMENT ----------- _ - is C WATER TOWER(l) ********82.000 UNITS AT **$2%5-0.000 EA. _ * *$201 500. 00 WATER TOWER ( 2) * * * * * * ** *0.000 UNITS AT **$100.000 EA. _ * * * * * * *$0. 00 SEC- 13— T- 28— �R- 22 -00-14 16 PARCELS ASSESSED ITEM I= f!. QUANTITY - PER RATE ASSESSMENT WATER TOWER(l) * * * * * ** *31.000 UNITS AT * *$250. 000 EA. = * * *$79 751. 00 =j WATER TOWER (2) ** - * * * * * *0. 000 UNITS AT **$100.000 EA. = * * * * * * *$0. 00 r! t SEC- 13- T- 28— R- 22 -90 -21 18 PARCELS F� ASSESSED ITEM QUANTITY PER RATE ASSESSMENT !'I WATER TOWER(l) ********75sOOO UNITS AT **$250,000 EA. = **$18$ 750. 00 r WATER TOWER (2) f� * * * * * * ** *06000 UNITS AT * *$100.000 EA. _ * * * * * *O. 00 t{ 4j t SEC-- 13---T- 28— R- 22 -00 -22 72 PARCELS ASSESSED r ITEM QUANTITY PER RATE ASSESSMENT rl 11 I j WATER TOWER ( 1) ********7."5.000 UNITS AT * *$250.000 EA. = **$181250,00 tii WATER TOWER (2) * * * * * * ** *00000 UNITS AT **$100,000 EA. = * * * * ** *$0.00 PAGE 4 OF 5 D/P N0. ? ? ?? 07 -31 -1989 PROJECT NO. 86 -15 DI ST. 8 WATER PROJECT SUMMARY SEC-- 13-T- 28- R- 22- -0Q -23 86 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT WATER TOWER (1) * * * * * ** *84.000 UNITS AT **$250,000 EA. = **$211000. 00 WATER TOWER ( O) * * * * * * ** *0.000 , UNITS AT **$100,000 EA. = *******$0.00 SEC- 13- T- 28- R- 22 -00-24 8 PARCELS ASSESSED ITEM QUANTITY PER WATER TOWER ( 1) * * * * * * ** 16.000 UNITS AT WATER TOWER t2 * * * * *-* *0.000 UNITS AT SEC- 13- T- 28- R- 22 -0Q -31 64 PARCELS ASSESSED ITEM QUANTITY PER --------- - - - - -- -------- - - - - -- - - - -- a WATER TOWER (1) ********83,,000 UNITS AT WATER TOWER(2) * * * * ** ** *04000 UNITS AT SEC 13-T-28-R-22-.00-32 35 PARCELS ASSESSED _rwrww -ww ITEM QUANTITY PER NN__ !N- iN - -rw_M �-�� ►i WATER -TOWER ( 1) * * * * * ** *74.000 UNITS AT WATER TOWER(2) * * * * * * ** *0.000 UNITS AT SEC- 13- T- 28- R- 22 -GO -33 48 PARCELS ASSESSED w -�- -- ITEM QUANTITY PER WATER TOWER(l) ********79,000 UNITS AT WATER TOWER(2) * * * *- * ** *0.000 UNITS AT SEC- 13- T- 28- R- 22-- 00--34 50 PARCELS ASSESSED ----------------------- ITEM QUANTITY PER WATER TOWER(l) * * * * * ** *48.000 UNITS AT WATER TOWER(2) * * * * * * ** *0800+ UNITS AT RATE ASSESSMENT **$250,000 EA. = * * *$49 000. 00 **$100,000 EA. = * * * * ** *$0.00 RATE ASSESSMENT **$250.000 EA. = **$20,750.00 **$100.000 EA. = *******$0,00 RATE ASSESSMENT * *$E50. 00O EA. = **$189500.00 **$100,000 EA. = *******$0.00 RATE ASSESSMENT -l- w -!! - -_ ------- - - - - -- **$250,000 EA. = **$191750, 00 * *$ 100.000 EA. = *******$0.00 RATE ASSESSMENT **$250,000 EA. = **$121000.00 **$100,000 EA. = *******$0,00 PAGE 5 OF 5 D / P NO ? ? ?? 07 -31 -1989 PROJECT N0. 86 -15 DIST.8 WATER r PROJECT SUMMARY SEC- 13— T- 28— R- 22 —QQ -41 7 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT r WATER TOWER (1) * * * * * * * *46. 00th UNITS AT **$250s000 EA. _ **$111500, 00 WATER TOWER (2) r * * * * * * ** *0.000 UNITS AT **$1.00,000 EA. _ *******$0,00 I! SEC- 13— T- 28— R- 22 -00 -42 38 PARCELS ASSESSED pTp� .ITEM QUANTITY PER RATE ASSESSMENT WATER TOWER (l) *******124,000 UNITS AT **$250s000 EA. = * *$31 000. 00 -WATER TOWER (2) * * * * * * ** *06000 UNITS AT **$100,0100 EA. = * * * * ** *30.00 r SEC- 13— T- 28- R- 22 -00 -43 1 PARCELS ASSESSED �_- _rte- N------ _-- - -�. -_ ITEM x QUANTITY PER RATE ASSESSMENT ----------- - k Y. F G WATER TOWER (1) * * * * * ** *44.000 UNITS AT **$250.000 EA. _ **$119000.00 WATER TOWER(2) * ** ** *0.000 UNITS AT **$100.000 EA. = * * * * ** *$0.00 SEC- 24- T- 28- R- 22 -0Q -22 3 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT } d WATER TOWER (1) * * * * * * * * *6.00O . UNITS AT **$250,000 EA. = ***$11500. 00 tj WATER TOWER (2) * * * * * * ** *08000 UNITS AT **$100,000 EA. _ * * * * ** *$0.00 r GRAND TOTALS 1439 PARCELS ASSESSED ITEM QUANTITY PER RATE ASSESSMENT it 2 'WATER TOWER (1) * * * ** 1, 903.000 UNITS AT * *$250.000 EA. _ *34759 750.00 Ij WATER TOWER (2) ** * -* *761.000 UNITS AT * *$100.000 EA. _ * *$761 100.00 �j TOTAL-AMOUNT ASSESSED { FOR THIS PROJECT = **$5519850,00 f RESOLUTION ORDERING ASSESSMENT ROLL HEARING -WHEREAS, the clerk and the engineer have, at the direction -of the council.) prepared an assessment roll for the construction of Water District 8 Improvements, City Project 86-15, and the said assessment is on file in the office of the city cl.erks NOW, THEREFORE9 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A hearing steal 1 be held on the day of 19 at the city ,hal'I at m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement w i l I be given an opportunity to be heard with reference to such assessment., 2n The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the of + i c * 1 newspaper ,,.at least two weeks prior to the hearing, and 3.a to mail notices to the owners of all property affected by said assessment. 3 The notice of hearing shal I state the date, time and -place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on f il e with the clerk and that written or oral objections wil I be considered. RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL 'WHEREAS, the city clerk and city engineer have received final costs for the improvement of Water District 8 Improvements, . City Project 86-15 . NOW, THEREFORE, BE IT-RESOLVED BY THE CITY COUNCIL OF 11AFLEWOOD, MINNESOTA that , the city clerk and city engineer shall s - -forthwith cal cul ate the proper amount to be specially assessed r r f oar such improvement against every assessable lot,, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided b.y law, and they shall file a copy of such proposed assessment in the city office for inspection. . � ^ /4Z AGENDA ITEM AGENDA REPORT Action by Couroil TO: City Manager Endorsed Modif FROM: Pub t i c Works Director �� 7 Re ectE j Date SUBJECT Diseased Tree Removal Cost Recovery DATE: August 8 , 1989. CLir,rentl y five (5) property owners have requested the city to finance the cost of removing . diseased trees from their property. The trees were removed by the city contractor at the bid price. The city can certify the cost against the property with payments being collected with the property taxes., A public hearing is required for their process, it is recommended a public hearing be set for 7 p.m., .September 11, 1989 , for this purpose. V.::GA is AGENDA ITEM 3 AGENDA REPORT Action by Council; TO: City Manager Endorsed Modified FROM: Assistant City Engineer Rejected Date SUBJECT: Sout h l awn Avenue, Project 85-17--Change Order Four .DATE: August 7, 1989 Introduction Attached is. a proposed change order for the subject project . It is a credit in the amount of $978, Background The aggregate base was tested after placement. I t deviated from the specifications. It was impractical to remove and replace. A credit in the amount of $3,640 was negotiated with the Contractor. Private electric service lines were found within the acquired Southl awn right -of -way. It was necessary to relocate the electric feed to the Maplewood Mall sign as part of the project. Recommend at i on It is recommended that the proposed change order be approved. BAI is Attachments a, RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 85 -17 and has let a construction contract pursuant to Minnesota. Statutes, Chapter 42.9 , and WHEREAS, it is now necessary and expedient that said contract be modified and .designated as Improvement Project 85 -17 Change Order Four NOW, THEREFOPE , BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD , MINNESOTA that the mayor, and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Four in the amount of a credit of $578. F CHANGE ORDER A'A FEH FHGlNEERS t ARCHITECTS X PLANNERS 2 22 EAST LITTLE CANADA ROAD, ST. PAUL, MINNESOTA 55117 612 484-0272 OWNER - -- City of Maplewood DATE July 12 , 1989 OWNERS PROJECT NO. 85 -17 S.A. P. 138 - 117 -01 4 - - CHANGE ORDER NO. PROJECT DES R1PTI N Uti 1 i ty & St*. on South awnSEH FILE NO. 88082 ve. Furness Parkway.. . The following changes shall be made to the contract documents Description; The unit price for 2211.501 Aggregate Base CL5, 100% crushed, will be reduced from $7.00 per ton to $6.30. per ton. Deduct $3,640.,00. Add i tem 0545.601 relocate electrical service L.S. $2,662.00. These are State Aid e participation items. Purpose of Change order: The Class 5 Aggregate Base does not meet the gradation requirements. The variations from the gradation requirements should not adversely affect the structural stability of strength of the Class 5. However, a 10% reduction in the unit price is necessary since the 9 radation s requirements were not met. The electrical service to the Maplewood Mall sign at Beam Ave. & Southl awn Avenue will be relocated because of the Street Improvements to Southlawn Ave. Basis of Cost: o actual m Estimated Attachments (list supporting documents) Contract Status Original Contract Net Change Prior C.O.'s 1 to 3 Change this C. 0. Revised Contract Time Recommended for Approval: Short - Elliott- Hendrickson, Inc. By. -�-- " Agreed to by Contractor: By Title ALA Distribution Contractor 2 Owner t Approved for Owner: Cost $442,947-02 33,959.95 -- 978.00 $475,928,97 By T District 9 State Aid Engineer Project Representative I SEH Office I SHORT ELLIOTT 5T Muc, CIIII1Yt wn VA1 t.S. HENDRICKSON INC MINNE- 50TH WISC ONSIN AGENDA ITEM .. AGENDA REPORT Aotloja by TO: City Man : ndorsed agar Modified FROM: Assistant C i t.y Engineer Re j ected..... SUBJECT: Water District 8, Project 86-- 15-- -- Change Order Two ZATE : August 7. 1989 Introduction Attached is a change order for electrical work, at the Mai 1 and Road water booster station. The change order in the amount of . .$.a70 corrects an existing deficiency, Back:9round The contract documents for- 86-15 did not include replacement of the existing emergency power receptacle . The existing receptacle is incompatible with the city's generator. °Recommendation It is recommended ' that the proposed change order be approved. BAI jc Attachments RESOLUTION DIRECTING MOD I F I CATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 86 --1.5 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 86 -15 Change Order Two. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD , MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Two in the amount of $570. CHANGE .ORDER ENGINEERS / ARCHITECTS N PL/INNERS , 222 EAST LI TTl. E CANADA ROAD, ST. PAUL, MINNESOTA551t7 612 48.4-C-72 OWNER city of .Maplewood OWNERS PROJECT NO. 86-15D PROJECT DESCRIPTION Mai 1 an d Road Booster Station Revisions The following changes shall be made to the Contract documents Description: DATE April 25, 1989 CHANGE ODDER NO. 2 SEH FILE NO. 87192 Install new emergency generator receptacle at Mailand Road Booster Station in place of existing. Purpose of Change Order. To provide receptacle compatible with plug on emergency generator cord . Basis of Cost: Actual o Estimated AtrachmenCS (IisC supporting documents) Quotation from Contractor Contract Status Original Contract Net Change Prior C.O.s to Change this C. 0. Revised Contract Time Cosh $134,140.00 0 570.00 $134,710.00 Recommended for Approval: Short- Elliott- Hendrickson, Inc. By • i ur ie enow Agreed to by Contractor: Richmar Construction Approved for Owner: City of Maplewood By ae BY Tide ,SE'S • By Distribution Contractor 2 Owner I Project Representative I SEH Office I SHORT ELLIOTT ST Z. L, L �,• VVF. Ll .1 F 4( LS. .. #-a ...r •1,4 • C�T1 111L� AGENDA ITEM -E-15 Action by Coune 1*1,,- AGENDA REPORT Endorsed., TO: City Manager Modified....... Rejected- FROM: Assistant City Engineer Date SUBiECT: Ger-vais Avenue, Project BB-14--Change Order Three DATE: August' B., 1989 Introduction If Attached is a pimoposed change order for water main related work .on Gervais Avenue. A resolution authorizing execution of the change order is attached. Background This ,change order in the amount of $505 relates to the "excessive depth" segment of existing water main on Gervais Avenue and the service stubs to the MnDOT buildings Previously, the St. Paul Water Utility had directed the city to raise the water main and .provi.de a separate domestic service to the MnDOT buildings This proposed additional word: ,was covered under previously rejected Change Orders Three and Four at a cost of $14,165 and $4,675, respect ivelys The revised Change Order Three is the work- negotiated with the St. Paul Water Utility in lieu of the expenditure of $18,840 for the rejected Change Order Three and Four. It should be noted that St. Paul Water Utility intends to bill Maplewood for all maintenance work on the affected segment of Gervais Avenues The :city is financially better off with this arrangement instead of f-ully replacing the main at this time. 'Recommendation It- is recommended that Change Order Three be approved, A resolution for this purpose is attached. BAI iw Attachments TOLTL, KING, DUVALL, ANDERSON AND ASSOCIATES, INODRPORATED Engi neers -Arch Itects- Planners St. Paul, Minn. Auou st ,19 Comm. No. . 9279 Change Order No. blow i•it= 1 f.or • W,. • You. are hereby di rected to make the fol I cw Ing change to your contract dated Feb. 27 , 19 8�... The change and the work affected thereby Is subject to all contract stipulations and covenants. This Change Order w i l l { Increase) : M-- ea-se-4 the contract' sum by F I v e H.0 n d r_e d �r. r ..www�wwwrrw- �wwawwww -www�- Dol I ars ($505.0.0---- ) . Wh i :l a excavating for the water service to the new MnDOT building, It was discovered that a portion of the existing 16" watermai n In Gerva I s Avenue was over 121 deep. The City Council determined that this main should not be rel aid at a higher elevation, as requested by the St. Paul Water Uti I Ity, because the cost exceeded the benef it derived. Even though this main can remain In place, other circumstances have arisen w h.l ch require a contract change and are itemized as f of lows: A. The existing hydrant at R. S. 11+85 was to be relocated behind the :proposed curb and extended 1 foot vertically. The existing hydrant has been found to be defective and shout d be repl aced w Ith a ref urbi shed hydrant. In addition, the existing hydrant already had an 18" extension on It so that the refurbished hydrant will require at least a 2.5 foot vertical extension. The additional cost to Instal I a refurbished hydrant and extra vertical extension Is: Division Iv, Item 31 (Add) . $ 350.00 8. A s1 ngi a 8" water sery Ice was to be extended to the MnDOT bui I di ng under this contract. St. Paul Water Uti i Ity has adv ised that a 4" and an 8" water service should be Installed. MnDOT has entered into an agreement for St. Paul Water Utl.l Ity to instal I these two services and has requested this contractor to provide the excavation, backf 11 1 and compact I on nece ssary to assi st St. Paul Water Uti I Ity w Ith thei r Installations. MnDOT w I I I pay for the sery Ices di rectI y to St. Paul Water Uti I ity. The contract changes are as fol lows: Division 1 . Wet tap 16" X 811, I ncl udi ng valve. (Del ete) $2,300.00 2. 81' Watermal n for sery Ice 55 LF @ $20 = (Del ete) $1,100.00 3. Connect to eX i sting 8" stub at PhDO T site 1 LS @ $125 = (De I ete) $ 125.00 4. Excavate backf 11 1, and compact trenches f or -two water sery ices f or MnDOT bui I di ng, w I th instal i ati on by St. Pau I Water Uti I I ty 20 Hrs @ $15 = (Add) . $30.000.2 S- ubtotal (Delete) $ 525.00 C. Even though th i s deep w aterm a i n can remain i n place, there Is a main 11ne Val ve., a hydrant Val ve, and the two new MnDOT sery ice val ves that w I I be at a non - standard depth. The valves should be extended up so that a standard valve wrench can be used. Th Is w i I I greatl y improve the operational performance of the main. Valve extensions 4 Ea. @ $170 = (Add) .$ 80.00 Total Amount of th Is Change Order: = ( Add) $ 5050:00 Amount of Original Contract $ 2851243.210 Additions approved to date (Nos. 1 2 , _ ) ± $ 10.421 0 Deductions approved to date .(Nos. ..._.._, ) $ 0.0 0 Contract amount to date $ 29,x.664.95 Amount of this Change Order (Add) +$ 505,00 Rev -I sed Contract Amount $_296 o 69_,95 Appraved CITY OF MAPL EWOOD, N Owner B, Date Approved__, DAN_NER,___INC* Contractor By Date *Only copies needing signatures. TOL TZ , K I NG, DUV AL L, AN DE R S ON AND ASSOCIATES, INCORPORATED By '04 /2v�� �L Larff D. Boh rer, P. E. White Owner Pink - Contractor* Blue TK DA Yellow - Field Goldenrod - Department Green - TKDA Main F i l e RESOLUTION DIRECTING MOLDIFICATIoN OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has beret of ore ordered made Improvement Project 88--14 and has 1 et a construct ion contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 88--14 Change Order Three. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD , MINNESOTA that-the mayor and city clerk- are hereby authori ed .and directed to modify the existing contract by executing said Change Order Three in the amount of :505.