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HomeMy WebLinkAbout1981 05-07 City Council PacketAGENDA �._ Maplewood City Council 7:00 P.M., Thursday, May 7, 1981 Municipal Administration Building Meeting 81-9 A) CALL TO ORDER B) ROLL CALL (C) APPROVAL OF MINUTES 1. Minutes 81-5 (March 5) 2. Minutes 81-6 (March 19) (D) APPROVAL OF AGENDA (E) CONSENT AGENDA All matters listed under the Consent Agenda are considred to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. If discussion is de- sired, that item will be removed from the Consent Agenda and will be con- sidered separately. 1. Accounts Payable 2. Feasibility Study: Linwood Avenue 3. Safe Deposit Box Resolution 4. 1980 Annual Financial Report and Audit 5. Budget Transfer: Legal Costs (F) PUBLIC HEARINGS 1. Bike Lanes: Prosperity & County Road B (7:00) 2. Preliminary Plat & Street Vacation: Bollman's Addition (7:15) 3. Board of Adjustments & Appeals a. Minutes b. Variance: Bollman's Addition c. Variances: Chesterwood 4. Preliminary Plat: Chesterwood (7:30) 5. Rezone: Woodlyn & McKnight (7:45) 6. Revenue Note: Atlantic & Hwy. 36 - Racquet Club (8:00)_ 7. Rezone, Variance, Lot Division: 750 Viking Drive (8:15) (G) AWARD OF BIDS 1. Tree Removal 2. Southlawn Improvements (H) UNFINISHED BUSINESS 1. Resolution: Feasibility Studies (I) VISITOR PRESENTATION MINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, March 5, 1981 Council Chambers, Municipal Building Meeting No. 81-5 A. CALL TO ORDER A regular meeting of the City Council was held in the Council Chambers, Municipal Build- ing, and was called to order at 7:04 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Gary W. Bastian, Councilman Present Frances L. Juker, Councilperson Absent Earl L. Nelson, Councilman Present C. APPROVAL OF MINUTES Mayor Greavu moved to approve the A enda as amended: 1. Frost Avenue 2. Resolution 3. Letter MDOT 4. Call from Mrs. Drake - Watershed 5. Budget Transfer 6. Council Minutes Seconded by Councilman Anderson. Ayes - all. E. CONSENT AGENDA Council removed Item E-3 to become Item J-8. Councilman Nelson moved, seconded by Mayor Greavu, Ayes - all, to approve the Consent Agenda as recommended. 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses, Check No. 005480 through Check No. 005528 - $95,148.16; Check No. 009270 through Check No. 009458 - $113,434.06; Part II - Payroll Check No. 26985 through Check No. 27110; $51,877.53) in the amount of $260,459.75. 2. Feasibility Study: Adolphus Sanitary Sewer Resolution No. 81-3-31 WHEREAS, it is proposed to replace the Adolphus Trunk Line Sanitary Sewers and to .assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, chapter 429; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the proposed improvement be referred to the City Engineer for study and that he is - 1 - 3/5. instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 4. Time Extension: 3M Company - Temporary Trailer Approved request of 3M Company for renewal of a temporary permit to use a mobile home as a temporary office for a car pool operation, subject to compliance with all building codes, for a period of five (5) years. 5. Change Order: Fire Station - East County Line No. 2 Resolution 81-3-32 RESOLVED by the City Council of Maplewood, Minnesota, that change order number 3 to the contract for construction of East County Line No. 2 Fire Station in the amount of $950.00 be and hereby is in all things approved. 6. 1981 Contract: Environmental Health Services Approved the 1981 contract between Ramsey County and Maplewood for Environmental Health Services. 7. Budget Transfer — Paramedics Authorized a budget transfer for an increase in revenues and expenditures within the 1981 paramedic budget in the amount of $3,460. 8. Budget Transfer - Cable Communications Commission Authorized a budget transfer of $1,000 from the General Fund Contingency account to finance Maplewood's portion of the initial costs for the Ramsey Washington Counties Suburban Communications Commission. F. PUBLIC HEARINGS 1. Revenue Note: Maplewood Dental Specialties a. Mayor Greavu convened the meeting for a public hearing regarding a request from Maplewood Dental Clinicfor a Industrial Development Revenue Note to construct a 3,000 square foot dental clinic to be located on Cope Avenue between White. Bear Avenue and Flandrau Street. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Director of Community Development presented the following Planning Commission recommendation: "Commissioner Howard moved that the Planning Commission recommend to the City Council preliminary approval of the tax exempt mortgage revenue note financing in the amount of $300,000 based on the staff's analysis. Approval is subject to: - 2 - 3/5 1. Construction must begin within one year of preliminary approval. 2. Approval of a special exception by the City Council and approval of site and building design plans by the Community Design Review Board. Commissioner Kishel seconded. Ayes - all." d. Mr. Dick Nordlund, Vice President First Corporate Services, Inc., spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilman Nelson moved to approve the Industrial Revenue Note as requested by Maplewood Dental Specialties subject to the staff and Planning Commission recommendations and introduced the following resolution and moved its adoption: 80 - 3 -33 RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT WHEREAS, (a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (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) Factors necessitating the active promotion and development of economic- ally sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; (c) The City Council of the City of Maplewood ("the City") has received from Maplewood Dental Specialties, a Minnesota general partnership (the "Company") a proposal that the City assist in financing a Project hereinafter described, through the issuance of a Revenue Bond or Bonds or a Revenue Note or Notes herein- after referred to in this resolution as "Revenue Bonds" pursuant to the Act; . - 3 - 3/5 (d) 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. The Project will help to increase assessed valuation of the City and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the community; (e) Company is currently engaged in the business of providing dental services. The Project to be financed by the Revenue Bonds is a dental clinic facility to be located in the City and possibly leased to various parties and consists of the acquisition of land and the construction of buildings and improvements thereon and the installation of equipment therein, and will result in the employment of 13 additional persons to work within the new facilities; (f) The City has been advised by representatives of Company that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibil— ity of operating the Project would be significantly reduced, but Company has also advised this Council that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible.; (g) Purusant to a resolution of the City Council adopted on February 5, 1981, a public hearing on the Project was held on March 5, 1981, after notice was published, and materials made available for public inspection at the City Hall, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to speak were heard; (h) 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval -to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act (Chapter 474, Minnesota Statutes), consisting of the acquisition, construction and equipping of facilities within the City pursuant to Company's specifications suitable for the operations described above and to a revenue agree— ment 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 Revenue Bonds in the total principal amount of approximately $300,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project; and the ..agreement may also provide for the entire interest of Company therein to be mortagaged to the purchaser of the Revenue Bonds; and the City hereby undertakes preliminarily to issue its Revenue 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 engaged in any business within_ the meaning of Subdivision la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; 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, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to — 4 3/5 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. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Commissioner of Securities, and subject to final approval by this Council, Company, and the purchaser fo the Revenue Bonds as to the ultimate details of the financing of the Project; 4. in accordance wtih Subdivision 7a of Section 474.01 Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities, requesting her approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as she may require; 5. 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 First Corporate Services, Inc., are authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the convenants and other provisions of the necessary documents and to submit such documents to the Council for final approval; 7. 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 Revenue 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 Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statuatory limitation; 8. In anticipation of the approval by the Commissioner of Securities and the issuance of the Revenue 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 to be financed from the proceeds of the Revenue Bonds as Company considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwise without liability on the part of the city. Seconded by Mayor Greavu. Ayes - all. - 5 - 3/5 K. COUNCIL PRESENTATION 1. Frost Avenue a. Councilman Anderson questioned what steps would be necessary to finish Frost Avenue to White Bear Avenue. b. No action taken. 2. Council Minutes a. Councilman Anderson stated when the Council makes a motion it should be complete and explicit. F. PUBLIC HEARINGS (continued) 2. Preliminary Plat: Maple Park Shores - 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Rolling Green Properties, Inc. for preliminary plat approval for Maple Park Shores south of Cope Avenue, west of Kennard Street. The Clerk stated the public hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff 'report. C. Vice Chairman Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Ellefson moved the Planning Commission recommend to the City Council approval of the preliminary plat located at Cope Avenue and Kennard Street subject to the condition that the final plat shall not be approved unttl: 1. The City Attorney has approved the bylaws and rules of the proposed homeowner's association to assure that all common areas will be maintained; 2. A signed developers agreement for the construction of utilities through the site and enlargement of the existing ponding facility is submitted and approved by the Director of Public Works; 3. An easement .over Outlot A shall be dedicated to the City for drainage and utility purposes on the final plat. Commissioner Sletten seconded. Ayes - all." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public nearing. g. Councilman Anderson moved to approve the preliminary plat of Maple Park Shores subject to the condition that the final plat shall not be approved until: 1. The City Attorney has approved the bylaws and rules of the proposed homeowner's association to assure that all common areas will be maintained; 2. A signed developers agreement for the construction of utilities through the - 6 - 3/5 site and enlargement of the existing ponding facility is submitted and approved by the Director of Public Works; 3. An easement over Outlot A shall be dedicated to the City for drainage and utility purposes on the final plat. Seconded by Councilman Nelson. Ayes - all. L. ADMINISTRATIVE PRESENTATIONS 1. Budget Transfer a. Manager Evans requested Council authorize,a budget transfer of $1,000 from Account 101-161-4910 (Contingency Fund) to Account 101-115-4730 (Building Improve— ments) to install dedicated computer designed electrical wall outlets within the Public Safety Area. The electrical work is necessary before the automated police record system can begin. b. Mayor Greavu moved to authorize the budget transfer of $1,000 from account 101-161-4910 to account 101-115-4730 as presented. Seconded by Councilman Nelson. Ayes — all. F. PUBLIC HEARINGS (continued) 3. Street Vacation: Hawthorne Avenue (Cave) -- 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a request of Samuel Cave to vacate a portion of Hawthorne Avenue. The Clerk stated the I earing notice was in order and noted the dates of publication. b. Manager Evans presented.the staff report. C. Vice Chairman Duane Prew presented the. following Planning Commission recom— mendation: "Commissioner Kishel moved approval of the vacation of that portion of Hawthorne Avenue from the west line of the Century East Apartment property to Ferndale Street, except that part shown on the preliminary plat for street use and except that 20 foot part planned for bike trail to the Century East Apartments. Approval is based on the finding that such right —of --way has no public purpose and is in the interest of the City to vacate. Commissioner Sherburne seconded. Ayes all." d. Mayor Greavu called for proponents. None were heard. e. ilayor Greavu called for opponents. None were heard. f. Mlayor_ Greavu closed the public hearing. g. Councilman Nelson introduced the following resolution and moved its adoption: 81-3-34 WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851, thereof, the Maplewood City Council, upon petition of a majority of the owners — 7 — 3/5 of the land abutting Hawthorne Avenue, proposed to be vacated, and after a public hearing preceeded by two (2) weeks published and posted notice, proposes the vacation of the following described Hawthorne Avenue from the west line of the Century East Apartment property to Ferndale Street, except that part shown on the preliminary plat for street use to wit: PROPERTY AFFECTED BY THE STREET VACATION: Century East Outlot A, Lots 1 - 7, Block 2, Myhra Addition and the adjacent property North of Hawthorne Avenue described as follows: Unplatted Lands Ex W 483 ft & ex N 435 ft of S 795.87 ft of SE 1/4 lying N of Myhra Add (subj to Rds & Esmts) in Section 24, Township 29, Range 22 W 483 ft of SE 1/4 of SE 1/4 lying N of Myhra Add (subj to Rd & esmts) in Section 24, Township 29, Range 22 WHEREAS, the Maplewood City Council finds that the vacation of the above described street and alley are in the interest of the public due to changing land uses and obsolete platting; NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota, that the above described Hawthorne Avenue be and hereby are, vacated and the City Clerk is hereby directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause -the saute to be presented to the County Auditor for entry upon his transfer records and the same shall be thereafter filed with the Ramsey County Recorder, subject to the City retaining a 20 foot wide -pedestrian and bike trail easement along the southerly 20 feet of that portion of Hawthorne Avenue located between vacated Farrell Street and the west lot line of the Century East Apartment property. Seconded by Mayor Creavu. Ayes — all. 4. Critical Area Plan and Regulations — 7:45 P.M. a. Mayor Greavu stated this hearing was continued from the February 5, 1981 meeting. b. Manager Evans presented the staff report. C. Vice Chairman Duane Prew presented the following Planning Commission recom— mendation: "Commissioner Kishel moved that the Planning Commission recommend to the City Council adoption of the proposed revisions to the Critical Area Plan and Regulations. Commissioner Fischer seconded. Ayes — 10 Abstained — 1.11 d. Mayor Greavu called for proponents. None were heard. — 8 — 3/5 e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilman Anderson introduced the following resolution and moved its adoption: 81 - 3 - 36 WHEREAS, certain areas of the Mississippi River Corridor were designated a critical area under Minnesota Statutes Chapter 116G (1978) pursuant to Executive Order No. 130, effective November 23, 1976, and continued pursuant to Executive Order No. 79-19, effective April 11, 1979; and WHEREAS, the City of Maplewood (the "City") has planning and regulatory authority over development activities within the designated critical area; and WHEREAS, the City's proposed plan and regulations for the area have been submitted to the Metropolitan Council pursuant to Section D. 2. of the Standards and Guidelines. The Metropolitan Council has completed its review and has forwarded its comments on the City's Plan and Regulations to the EQB; and WHEREAS, on March 1, 1979, the Maplewood City Council gave second reading and final adoption to the Critical Area Plan and regulations, subject to Environ- mental Quality Board (EQB) approval; and WHEREAS, revisions were requested by the EQB; and WHEREAS, City Staff proposed revisions to the Plan and Regulations as request- ed by the EQB; and WHEREAS, on September 18, 1981, the EQ B approved the proposed Plan and Reg- ulations, as revised, subject to Maplewood City Council approval of the revisions; and WHEREAS, the Maplewood Planning Commission recommended approval of the pro- posed revisions on January 5, 1981; and WHEREAS, a public nearing was held with legal notice on February 5, 1981 and continued to March 5, 1981; BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, that the Maplewood Critical Area Plan and regulations, as revised, are hereby approved. Seconded by Councilman Bastian. Ayes - all. G. AWARD OF BIDS None. Y. UNFINISHED BUSINESS 1. Battle Creek Improvements a. City Attorney Don Lais reported on the public hearing regarding the improvement of Battle Creek and the assessments. b. Council directed the City Attorney to send a letter to the Ramsey Watershed District pointing out the many problems and concerns that Maplewood has. The letter should be forwarded to the Elected Representatives of the district also. - 9 - 3/5 2. Storm Water Run Off a. Manager Evans.presented the staff report and recommended Council authorize concerted legal action with any of the other suburbs who wish to proceed with litigation against the Met Council for .decreasing St. Paul's share of the sewer charges and increasing the suburbs. b. Councilman Bastian authorized staff to proceed with appropriate legal action as recommended. Seconded by Mayor Greavu. Ayes - all. Councilman Bastian moved to suspend the .Rules of Procedures and discuss Item J-1 at this time. Seconded by Mayor Greavu. Ayes - all. J. NEW BUSINESS 1. Special Exception - home Occupation - 1772 Ruth Street a. Manager Evans presented the staff report recommending approval of the proposed home occupation for a custom drapery and decorating business, subject to the following conditions: 1. The applicant shall apply for a renewal of the home occupation permit after on year. .If there have been no complaints the permit may be renewed. 2. Compliance with the criteria outlined in the enlcosed Planning Commission Subcommittee report. b. Vice Chairman Duane Prew presented the following Planning Commission recom- mendation: "Commissioner Ellefson moved the Planning Commission recommend to the City Council approval of the proposed home occupation for a custom drapery and decorating business at 1772 Ruth Street, subject to the following conditions: 1. The applicant shall apply for a renewal of the home occupation permit after one year. If there have been no complaints the permit may be renewed. 2. Compliance with the criteria outlined in the Planning Commission Subcommittee report. Commissioner Fischer seconded. Ayes all." C. Mrs. Sandra Anderson, 1772 No. Ruth Street, the applicant, spoke on behalf of the proposal. d. Councilman Bastian moved to approve the home occupation for a custom drapery and decoratinE business at 1772 Ruth Street. subject to the following conditions: 1. The applicant shall apply for a renewal of the home occupation permit after one year; 2. The Council may renew the permit after one year, if there are no complaints; 3. Applicant comply with the criteria on home occupation as outlined in the Plan- ning Commission subcommittee report. - 10 - 3/5 Seconded by Councilman Anderson. Ayes — all. VISITOR PRESENTATION 1. Richard Schreier, 2125 DeSoto Street a. Mr. Schreier, 2125 DeSoto Street, stated his reasons as a citizen of Maplewood why the Council should .not appeal the court's decision regarding the lawsuit he had won against the City. b. No action taken. 2. Plan Amendment: Ferndale Street a. Manager Evans presented the staff report. b. Vice Chairman Duane Prew presented the following Planning Commission recommend— ation: "Commissioner Tischer moved to reconaend that the line between the LSC and RL be moved to the west so it runs down the rear property line of the lots on the west side of Ferndale Street, to reflect: 1. The existing housing land use pattern, 2. The existing R-1 zoning, and 3. The expressed wishes of the owners of the lots. Commissioner Pellish seconded. Ayes — all." C. Mr. Bernard Mehr, Ferndale Street, requested his lot remain residential. d. Councilman Anderson introduced the following resolution and moved its adoption: 81 —3 —37 WHEREAS, the Maplewood City Council and the Maplewood Planning Commission have prepared and adopted a Comprehensive Community Plan in compliance with the requirements of Section 462.355 of the State Planning Enabling Legislation; and WHEREAS, said Section 462,355 provides for subsequent amendment of said Compre— hensive Plan which reflect changed conditions; and WHEREAS, the Maplewood Planning Commission has conducted the required public hearing and has given consideration to all evidence and testimony submitted at such hearing held on February 23, 1981 and has adopted said amendment and forwarded said amendment to the City Council for certification; and WHEREAS, the Maplewood City Council has reviewed said amendment -,- NOW, THEREFORE, BE IT RESOLVED, THAT THE MAPLEWOOD CITY COUNCIL hereby adopts and amends the Comprehensive Plan for Maplewood. Seconded by Councilman Bastian. Ayes — all. C. Council directed staff to notify the Ramsey —Washington Watershed District of the Plan Amendment. — 11 — 3/5 3. Minnesota Star Cities Program a. Director of Community ➢evelopment Olson presented the staff report. b. Councilman Bastian introduced the following resolution and moved its adoption: 81-3-38 BE IT RESOLVED THAT THE CITY OF MAPLEWOOD wishes to participate in the Minnesota Department of Economic Development Star Cities program. We realize that the program calls for hard work and a lot of effort on our part. We accept this challenge. Our city looks forward .to this opportunity to shape our economic future. The program calls for the formation of an economic development commission or local department corporation in an advisory capacity to the local unit of government. ➢uring the initial organizational stage, a community coordinator has been appointed. The charge of the coordinator will be to insure that the community meets all requirements of the Star Cities Program. The coordinator will be the main contact person between M➢E➢ and our community. Seconded. by Councilman Anderson. Ayes - all. 4. Water Systems Study. a. Director of Public Works Bittner presented the staff report. b. Councilman Nelson moved to proceed to engage the firm of Short Elliott Hendrickson, Inc. to analyze the cost effectiveness of providing potable water supply under out current retail aereements. Seconded by Councilman Bastian. Ayes - Councilmen Anderson, Bastian and Nelson. Nays - Mayor Creavu. 5. Maplewood Lions - Lioness - Bingo a. Manager Evans stated the North Maplewood Lions and Lioness have requested that the City Council consider revising the City Bingo Ordinance to permit four occasions per week rather than the present permitted two per week. The State Statute, 349.17, Subd. 3(1), has been revised and allows four instead of the previous limit of two times per week as it was previously. b. Councilman Bastian moved to table this item J-5 until the May 21, 1981 meeting for further information. - Seconded by Councilman Anderson. Ayes - all. 6. Warren Carlson - Beam Avenue Property a. Manager Evans presented a letter from Warren S. Carlson, Housing ➢evelopment Assoc- iates, who requested permission,to purchase City owned property extending between Beam Avenue and Radatz Avenue located one half block east of White Bear Avenue. He wishes to combine that lot with the lot to the east for the intention of developing 24 units of townhouses. b. No action taken. - 12 - 3/5 7. Richard Kostohryz - Polling Place a. Manager Evans presented a letter from Representative Richard Kostohryz stating he has received complaints from Precinct 3 residents regarding the stairways that have to be climbed in order to vote. Precinct 3 is the Municipal Building and voting is on the top floor. b. Council stated there are several items they would like to discuss with Mr. Kostohryz and instructed staff to see when he was available to meet with the Council. S. Feasibility Report - McKnight Road Improvement 78-19 a. Director of Public Works Bittner presented the staff report. b. Councilman Anderson introduced the following resolution and moved its adoption: 81 -3 -39 WHEREAS, it is proposed to improve McKnight Road between Larpenteur Avenue and Maryland Avenue by the construction of watermain and adjunct facilities and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improve- ment, and the estimated cost of the improvement as recommended. Seconded by Mayor Greavu. Ayes -- all. K. COUNCIL PRESENTATIONS (continued) 2. Resolution: Maplewood Firefighters a. Mayor Greavu introduced the following resolution and moved its adoption: 81 -- 3 - 40 WHEREAS, the City of Maplewood recognizes the importance of maintaining a financially sound retirement and disability benefit program for its volunteer fire- fighters through the firefighters' relief association; and NTHEREAS, the City recognizes that the sole purpose of the fire state aid made available under Minnesota -Statutes 69.011 through 69.051 is to provide a portion of the funds necessary to support the various firefighters relief associations which exist within the State of Minnesota; and WHEREAS, allocation of a portion or all of the fire state aid to purposes other than now mandated may jeopardize the associations' financial ability to maintain and improve pension and other benefit levers which are deemed necessary or desirous by the City to attract and retain qualified volunteer firefighters; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Maplewood is opposed to any legislation which would alter or eliminate the exclusive allocation of the fire state aid now provided for in Minnesota Statutes Chapter 69.01.1 through 69.051; and -- 13 - 3{5 BE TT FURTHER RESOLVED that a copy of this resolution be presented to the officers of the Minnesota League of Cities and to each of the persons who represent the citizens of Maplewood in the Minnesota State LegislaCure. Seconded by Councilman Bastian. Ayes - all. 3. Letter from Minnesota D.O.T. a. Mayor Greavu stated he had received a letter from the District Engineer Minnesota Department of Transportation indicating that they agreed with the City that traffic signals are justified at the south intersection of highway 1-94 and McKnight Road. They anticipate letting of the project in early 1982. Councilman Bastian wished to take this opportunity to wish Bill Bittner well in his new position and to thank him for his excellent services to the City. M. ADJOURNMENT 9:44 P.M. City Clerk - 14 - 3/5 Minutes of Maplewood City Council 7:00 P.M., Thursday, March 19, 1981 Council Chambers, Municipal Building Meeting No. 81-6 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and called to order at 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C..Greavu, Mayor Present Norman G. Anderson, Councilman Present Gary W. Bastian, Councilman Present Frances L. Juker, Councilperson Present Earl L. Nelson, Councilman Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Ai2enda as amended: 1. Dog Ordinance 2. Letter - M.A.A. 3, Side - Height Regulations 4. Reproduction 5. Sidewalks 6. Paramedic Charges 7. Storm :Sewers 8. Civil Defense Sirens G2 Seconded by Councilman Bastian. Ayes -- all. E. CONSENT AGENDA Council removed Item E-2 to become Item J-8 Councilman Nelson moved, seconded by Councilman Bastian, Ayes all, to approve the Consent Aeenda as recommended. 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses, Check No. 005529 through Check No. 005544 - $23,273.99; Check No. 005545 through Check No. 005578 - $167,543.87; Check No. 009459 through Check No. 009582 - $390,487.28: Part II Payroll Check No. 01002 through G"eck No. 01122 and 27111- $49,848.51) in the amount of $631,153.65. 3. Time Extension: Tilsen's Maplewood heights No. 11 kpp roved a 90 day time extension for the Tilsen's Maplewood Heights No. 11 Preliminary Plat subject to original conditions. 4. Time Extension: Schwichtenberg Addition Approved a 90 day time extension for the Schwichtenberg Addition Preliminary Plat subject to original conditions. 5. Correction of Council Minutes: Vacation, Duluth Street Resolution No. 81-3-42 WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851, thereof, the Maplewood City Council, upon Petition of a majority of the owners of the land abutting the street proposed to be vacated, and after a public hearing preceeded by two (2) weeks published and posted notice, proposes the vacation of the following described Duluth Street lying south of the westerly extension of the north line of Lot 16, Block 2, Clifton Addition and lying north of a line parallel and 17 feet north of the westerly extension of the south line of Lot 15, Block 2, Clifton Addition, S. 9, T 29 R.22 to wit: PROPERTY AFFECTED BY THE STREET VACATION: Lots 15 and 16 Block 2, Clifton Addition. Section 9, Township 29, Range 22 WHEREAS, the Maplewood City Council finds that the vacation of the above described street and alley are in the interest of the public due to changing land uses and obsolete platting: NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota, that the above described street be and hereby are, vacated and the City Clerk is hereby directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer records and the same shall be thereafter filed with the Ramsey County Recorder, subject to the retention of a 30 foot wide utility easement over, under,across and through the right—of—way. 6. Establish Hearing Date — Industrial Revenue Note — Toyota 81 — 3 — 43 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING WHEREAS, (a) Chapter 474, Minnesota Statutes, known as t11e Minnesota Municipal Industrial Development Act (the "Act") gives municipalities the power to issue revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and r,-iarginal lands and areas of chronic unerployment; (b) The City Council of the City of Maplewood (the "City") has received from BKM Management Company, a Minnesota partnership (the "Company") a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial rev— enue note (the "Note") pursuant to the Act; — 2 — 3/19 (c) Before proceeding with consideration of the request of the Company it is nec- essary for the -City to hold.a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minn- esota, as follows: 1. A Public Hearing on said proposal of the Company will be held at the time and place set forth in the Notice of hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of note to be issued to finance the proposal are described in the form of Notice of Hearing hereto attached. 3. The Notice of said Public Fearing shall be in substantially the form contained in the Notice hereto attached. 4. A draft copy of the proposed application to the Commissioner of Securities, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the City Clerk. 5, The City Clerk is hereby authorized and directed to cause notice of said hearing to be given one publication 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 said hearing, as shown in the notice of hearing hereto attached. Adopted by the City Council of the City of Maplewood, Minnesota this 19th day of March, 1981. NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PRO E CT To whom it may concern: Notice is hereby given that the City Council of the City of Maplewood, Minnesota, will meet at the City Hall in the City of Maplewood, Minnesota at 7:30 o'clock p.m. on April 16, 1981, to consider the proposal that the City assist in financing a project -here- inafter described by the issuance of ar. industrial development revenue note. Description of Project (Including general location) The construction and equipping of an approximate 17,000 square foot automobile and truck sales and service facililty to be located at the southwest corner of Beam Avenue and Highway 61 in the City of Maplewood. The estimated principal amount of the note to be issued to finance this project is $900,000. Said note i& and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the project and the note will not be a charge against the City's general credit or taxing powers but is payable from sums to be paid pursuant to a revenue agreement. - 3 - 3/19 A draft copy of the proposed application to the Commissioner of Securities, State of Minnesota, for approval of the project, together with all attachments and exhibits thereto, is available for public inspection beginning March 19, 1981, from 9:00 o'clock a.m. to 5:00 o'clock p.m., Monday through Friday, at City hall. At the time and place.fixed for said Public Hearing, the City Council of the City of Maplewood will give.all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this 19th day of March, 1981. (BY ORDER OF THE CITY COUNCIL) By /s/ Lucille Aurelius City Clerk 7. Cancellation of Assessments a. Resolution No. 81-3-44 WHEREAS, pursuant to '_resolution 77-9-187 of the City Council of Maplewood, Minnesota, adopted September 15, 1977, the special assessments for the construction of Northeast Area Street Improvement 73--13 were levied against property described as 57 00210 040 59; WHEREAS, the District. Court has stipulated that the assessment be reduced by one half; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 1,U.PLEWOOD, MINNESOTA, that the assessments for Northeast Area Street Improvement 73--13, in the amount of $3,768.15 and the sane are hereby cancelled. b. Resolution No. 81-3-45 WHEREAS, pursuant to Resolution 77-9--188 of the City Council of Maplewood, Minnesota, adopted September 15, 1977, the special assessment for the construction of Northeast Area Utilities Improvement 73-13 were levied against property described as 57 00210 040 59; WHEREAS, the District Court has stipulated that the assessment be reduced by one half; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for Northeast Area Utilities Improvement 73.�13, in the amount of $902.57, and the same are hereby cancelled. 8. Gambling Permit -- Hill Murray Approved a temporary gambling permit for the Hill Murray School Pioneer Boosters to hold a raffle on April 25, 1981. E-A APPOINTMENTS I. Park and Recreation Advisory Commission a. Manager Evans presented the staff report-. b.. Mrs. Marilyn J. Gal? ait , 1770 Edward Street, stated her reasons for wishing to serve on the Park and 'cc -eat --ion Advisory Commission. -- 4 - 3/19 c. Mr. Ted Ledman, 1769 )ilandrau Street, stated his reasons for wishing to serve on the Park and Recreation Advisory Commission. d. Councilman Anderson moved to appoint Mrs. Marilyn Galbraith to the Parks and Re- creation Advisory Commission to complete the term of Bernard Grover (12/31/83). Seconded by Councilman Nelson. Ayes - all. e. Councilperson Juker moved to appoint Mr. Ted Ledman to the Parks and Recreation Advisory Commission to complete the term of Al Closmore. (12/31/82). Seconded by Councilman Nelson. Ayes - all. 2. Resignation a. Manager Evans presented a letter of resignation from Mr. Al Closmore. b. Mayor Greavu moved to accept the resignation of Mr. Al Closmore from the Parks and Recreation Advisory Commission and that a letter of appreciation for his services be forwarded. Seconded by Councilman Anderson. Ayes - all. 1 PUBLIC HEARINGS 1. Rezoning: Arcade Street - 7:00 P.M. a. Mayor Greavu reconvened the public hearing to rezone an existing larger lot single family neighborhood from R-1 Residential District single dwelling to RE Residential Estate District. The hearing was continued from November 20, 1981. b. Manager Evans presented the staff report. C. Councilman Bastian moves; to table this item until later on the Agenda. Seconded by Councilperson Juker. Ayes - all. G. AWARD OF BIDS 1. Beam Avenue Sanitary Sewer a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 81-3-46 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of C.W. Houle, Inc. in the amount of $124,204.50 is the lowest responsible bid for the construction of Beam Avenue Sanitary Sewer (Improvement Project 78-24), 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 Councilman Anderson. Ayes - all. 2. Civil Defense Sirens -- 5 -- 3 / 19 a. Manager Evans presented the staff report. b. Councilman Nelson introduced the following resolution and moved its adoption: 81 - 3 - 47 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Collins Electric in the amount of $16,850.00 is the lowest responsible bid for the purchase and installation of Civil Defense Sirens 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 Councilman Bastian. Ayes - all. H. UNFINISHED BUSINESS None. I. VISITOR PRESENTATIONS None. J. NEW BUSINESS 1. Union Agreement - Metro Supervisory Association a. Manager Evans stated an agreement has been reached with the Metro Supervisory Association for a new contract for 1981. The provisions of the contract follow basically those approved for other union and non -union employees. 1. A 92% salary increase. 2. A basic $10.00 increase on medical -dental payments to provide for Single coverage plus 50% of dependent coverage plus $10 on dental. If family medical is not taken an amount may be used for family dental coverage provided the total amount paid by City does not exceed $75 a month. 3. Foreman who receive overtime pay will receive double time if required to work on Christmas, New Year's or Thanksgiving rather than time and a half. 4. If City requires safety shoes, the city shall pay $20 toward costs. 5. For use of own vehicle 23 cents a mile (up from 19¢). b. Councilman Bastian moved to approve an agreement with the Metro Supervisory _Association for a new contract for 1981 as oresented and that the required funds be transferred from the contingency fund to+the appropriate accounts. Seconded by Councilman Nelson. Ayes - all. 2. Special Exception - 1918 Kennard Street a. Manager Evans presented staff report. Mrs. Jeanne Roberts, 1918 Kennard Street, is requesting renewal of a home occupation permit to conduct an upholstery business. -6- 3/19 b. Councilman Bastian moved to approve the renewal of the special exception for a home occupation permit to conduct an upholstery business at 191$ Kennard Street, for a three year period, subject to compliance with .the original conditions and the criteria listed in the Planning Commission Subcommittee report on home occupations. Seconded by Councilperson Juker. Ayes - all. 3. Special Exception - 3095 No. McKnight Road a. Manager Evans presented the staff report. Mrs. Lorna M. Kennedy, 3095 No. McKnight Road, is requesting approval of a home occupation permit to operate a retail store in her home. b. Vice Chairman Duane grew presented the following Planning Commission recommend- ation: "Commissioner Kishel moved the Planning Commission recommend to the City Council approval of the request for a home occupation permit to operate a retail store in the home at 3095 N. McKnight Road subject to the following conditions: 1. Compliance with the criteria outlined in the Planning Commission Subcommittee Report,.except number 5. 2. Approval is granted for one year, after which time the applicant may apply for a renewal if the business is compatible with the neighborhood and all conditions are being met. 3. There should be at least one 10 pound ABC fire extinguisher provided. 4. The area to be used for the business should be separated from the furnace room by a one hour fire wall. 5. There should be two exits available from the business area. 6. Expansion of the driveway or driveway turn around is prohibited. No parking shall be permitted in the driveway turn around. Commissioner Hejny seconded. Ayes - all." c. Ms. Lorna Kennedy, the applicant, stated she agrees to the conditions given in the staff report and the Planning Commission report. d. Councilman Nelson moved to approve the request of Ms. Lorna Kennedy for a _ home occupation permit to operate a retail store in her home at 3095 No. McKnight Road subject to the following conditions: 1. Compliance with the criteria outlined in the Planning Commission Subcommittee Report, except number 5; 2. Approval is granted for one year, after which time the applicant may apply for a renewal if the business is compatible with the neighborhood and all conditions are being met; 3. There should be at least one 10 pound ABC fire extinguisher provided; 4. The area to be used for the business should be separated from the furnace room by a one hour fire wall; 5. There should be two exits available from the business area; 6. Expansion of the driveway or driveway turn around is prohibited. No parking shall be permitted in the driveway turn around. - 7- 3/19 Seconded by Mayor Creavu.. Ayes - all. 4. Special Exception: Century Avenue, North of Minnehaha Avenue a. Manager Evans presented the staff report.. Mr.Warren Burton is requesting approval of a special exception to operate an office shop home remodeling use in a LBC Limited Business Commercial District. b. Vice Chairman Duane Prew presented the following Planning Commission recom- mendation: "Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the special exception for an.office/shop in a LBC District, based on the finding that the use would be compatible with the adjacent residential development and is an appropriate use in a LBC District, with the following conditions: 1. There shall be no outdoor storage of materials or equipment. 2. The site shall be properly screened by means of decorative fencing and/or plantings to screen the site from the adjacent residential properties. Screening shall be subject to approval by the Community Design Review Board. 3. The building design and site plan shall be subject to the approval of the Community Design Review Board. 4. Power tools shall not be used after normal business hours of 8:00 A.M. to 6:00 P.M., Monday through Saturday. 5. The use of the proposed building shall be for office space and for storage/ shop area, shall not change without the City Council approving of the change in use. 6. This permit is subject to renewal after the first year of operation. if there have not been any complaints, the special exception may be renewed. Commissioner Kishel seconded. Ayes all." C. Councilman Anderson moved to approve the request of Mr. Warren Burton for a special exception to operate an office shop home remodeling use in a LBC Limited Business Commercial District subject to the following Planning Commission recom- mendations: 1. There shall be no outdoor storage of materials or equipment; 2. The site shall be properly screened by means of decorative fencing and/or plantings to screen the site from the adjacent residential properties; 3. The building design and site plan shall be subject to the approval of the Community Design Review Board; 4. Power tools shall not be used after normal business hours of 8:00 A.M. to 6:00 P.M., Monday through Saturday; 5. The use of the proposed building shall be for office space and for storage; shop area, shall not change without the City Council approving of the change in use, 6. This permit is subject to renewal after the first year of operation. If there have not been any complaints, the special exception may be renewed. Seconded by Councilman Nelson. Councilman Bastian moved to amend the motion to modify the hours from 10:00 A.M. to 6:00 P.M. on Saturday. - 8 - 3/19 Seconded by Councilperson Juker. Voting on original motion. Ayes -. Councilperson Juker, Councilman Bastian. Nays - Mayor Greavu, Councilmen Anderson & Nelson. Ayes - all. Councilman Bastian moved to remove Item F--1 from the table. Seconded by Mayor Greavu. Ayes - all. F. PUBLIC HEARINGS (continued) 1. Rezoning: Arcade Street - 7:00-P.M. (continued) d. Vice Chairman Duane Prew presented the following Planning Commission recommen- dation: "Commissioner Kishel moved the Planning Commission recommend to the City Council rezoning of R-1 to R-E (30), for an area bounded to the west by Arcade Street, the north by Highway 36, the east by Keller Lake and the south by Ramsey County Open Space. This recommendation is 'cased upon the following findings: 1. The proposed rezoning is consistent with the intent of the RE District; 2. The proposed change will protect and enhance the character of the existing neighborhood; 3. The proposal is in the public interest as it is consistent with City policy; 4. A minimum lot area of 30,000 square feet is desired by a majority of the affected property owners surveyed. Commissioner Whitcomb seconded. Ayes all." e. Mayor Greavu called for proponents and opponents. The following were heard: Ms. Carol Grant, 2134 Arcade Street (proponent) Mr. Edward Hitchcock, 2190 Arcade Street (proponent) Mr. Gordon Grant, 2134 Arcade Street (proponent) Mr. Karl Biebighauser, 2048 Arcade Street (proponent) Mr. Voya Piletich, 2130 Arcade Street (opponent) Mr. Maurice Hughes, 2160 Arcade Street (opponent) Mr. Keith Bourgain, 2140 Arcade Stree-t (opponent) f. Mayor Creavu closed the public hearing. g. Councilman Nelson moved first reading of an ordinance rezoning the area to R-E (30) Residential Estate district. Seconded by Councilman Anderson. Ayes --Councilperson Juker, Councilmen Anderson, Bastian and Nelson. 9 -- 3/19 Nay - Mayor Greavu. NEW BUSINESS 5. Plan Amendment - 1530 McKnight Road a. Manager Evans.presented the staff report. b. Vice Chairman Duane 'Prew presented the Planning Commission recommendation: "Commissioner Kishel moved that the Planning Commission recommend to the City Council approval of the Plan amendment from RL to RLE on the basis that: 1. There are significant woodlots and steep contours that could be preserved on this site by clustering units; 2. This proposal would enhance the housing plans objective of providing a "wide variety of housing types", without exceeding the maximum percentage of town- house units proposed in the housing plan. Commissioner Whitcomb seconded. Ayes C. Mr. Henry Votel, Votel Realty, representing Mr. Christiansen, spoke on behalf of the request. d. Mr. Maruir, 1592 Myrtle Street, asked questions of the Council concerning the proposal. e. Councilman Nelson introduced the following resolution and moved its adoption: 81 - 3 - 48 WHEREAS, the Maplewood City Council and the Maplewood Planning Commission have prepared and adopted a Comprehensive Community Plan in compliance with the requirements of Section 462.355 of the State Planning Enabling Legislation; and WHEREAS, said Section 462.355 provides for subsequent amendment of said Comprehensive Plan which reflect changed conditions; and - WHEREAS, the Maplewood Planning Commission has conducted the required public hearing and has given consideration to all evidence and testimony submitted at such hearing held on March 2, 1981 and has adopted said.amenedment and forwarded said amendment to the City Council for certification; and WHEREAS, the Maplewood City Council has reviewed said amendment; NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council hereby adopts and amends the Comprehensive Plan for Maplewood. Seconded by Councilman Anderson.. Ayes - Councilmen Anderson, Bastian and Nelson. Nays - Mayor.Greavu and Councilperson Juker. 6. Community Design Review Board - Resolutions a. Manager Evans stated that Community Design Review Board Members Leroy Herauf and Lyle Mueller have recently resigned from the Board. Mr. Herauf, after serving - 10 - 3/19 two complete terms on the Board, has left his service to the City on December 31, 1980. Mr. Mueller, after serving nearly two terms on the Board ended his service to the City in September, 1980. Both of their positions have been sub- sequently filled. b. Councilman Nelson introduced the following resoltuion and moved its adoption: 81 - 3 - 49 WHEREAS, Lyle Mueller became a member of the Community Design Review Board of Maplewood in February 1978 and has served faithfully in that capacity; WHEREAS, he has freely given of his time and energy, without compensation., for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership and effort in many ways for the benefit of the City; NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and the citizens of the City that Lyle Mueller is hereby extended our heartfelt gratitude and appreciation for his dedicated service and we wish his continued successin the future. Seconded by Councilman Bastian. Ayes -- all. C. Councilman Nelson introduced the following resolution and moved its adoption: 81 - 3 - 50 WHEREAS, Leroy Herauf became a member of the Community Design Review Board of Maplewood in March 1977 and has served faithfully in that capacity; WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership and effort in many ways for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED, for and on behalf of the City of Maplewood, Minnesota, and the citizens of the City that Leroy Herauf is hereby extended our heartfelt gratitude and appreciation for his dedicated service and we wish his continued success in the future. Seconded by Councilman Bastian. Ayes - all. 2. Maplewood Nature Center: Cost Sharing Assistance a. Manager Evans stated concern has been expressed by our Nature Center Staft for erosion problems by the tire stabilization area on the north slope. The project includes removal of small boxelder trees, and replanting with native grasses to prevent erosion. It requires a great amount of hand work due to the concern for the red oaks in the area, and proper preparation of the seed beds. The professional staff from the SCS have worked closely with the Naturalists in selection of plantings and the ,process for preventing future erosion. - 11 - 3/19 The project will be funded 50% from SCS funds and the balance from Capital Im— provement Funds in the Community Services Budget. It is recommended that a contract be entered into between the City of Maplewood and the Minnesota Soil and Water Conservation Board for this 50% matching project and that Maplewood funds be approved from the Community Services Capital Improve- ments Budget, not to exceed $5,500.00. b. Councilman Anderson moved to authorize staff to enter into a contract with the Minnesota Soil and Water Conservation Board for 50% matching funds to correct the erosion problems at the Nature Center and that 50% be approved from the Community Services Capital Improvements Budget, not to exceed $5,500.00. Seconded by Councilman Nelsons Ayes — all. 8. Supplemental Agreement: English Street Project 79-4 a. Manager Evans presented a letter from the contractor for additional payment due to delays caused by the City. The delay resulted from the extensive time required to secure the needed easements for construction. The property owners involved were extremely uncooperative and dragged the process out as long as possible. The claim made by the contractor is reasonable and is recommended for approval. A supplemental agreement can be prepared and added to the contract. b. Councilman Bastian introduced the following resolution and moved its adoption: 81 — 3 — 51 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made ?mprovement Project No. 79-4 and has let a construction contract therefore pursuant to Minnesota Statutes, chapter 429; and WHEREAS, it is now necessary and expedient that said contract be modified and supplemented by an additional payment of $4,4400.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed -to supplement the existing contract by $4,400.00, payable to the contractor, Richard Knutson, Inc., Burnsville, Minnesota. Seconded by Councilman Anderson. K. COUNCIL PRESENTATIONS 1. Dog Ordinances Aye s -- all. a. Councilperson Juker stated she has had several calls regarding the dog ord— inance. She requested the dog ordinance be brought back to the Council for review. 2. Letter — M.A.A. a. Councilman Anderson stated he had received a letter regarding equal distribution of allotted funds for girl's sports as well as boy's sports. b. ?getter referred to M.A.A. — 12 — 3/19 3. Side --Height Regulations a. Councilman Bastian requested staff to check to see if there could be regulations for side line set backs for certain heights of buildings. 4. Reproduction a. Councilman Bastian requested that staff use both sides of .paper when reproducing copies for the Council whenever possible. 5. Sidewalks a. Councilman Bastian stated that the sidewalk for Concordia Arms ends and goes nowhere. He suggested sidewalks be considered when there is development of an area. 6. Letter -- Ramsey Watershed District Improvement of Battle Creek a. Mayor Greavu read a letter from June Anderson, Ferndale Street, regarding the water runoff from 3M over Highway 94 into Battle Creek. She also stated she opposed the assessments. 7. Paramedic Charge a. Mayor Greavu questioned the charging of Paramedic bills to persons who cannot pay. b. No action taker.. $. YMCA Week a. Mayor Greavu proclaimed the first week in April YMCA week. Seconded by Councilman Bastian. Ayes — all. L. ADMINISTRATIVE PRESENTATIONS 1. Metropolitan Waste Control Commission a. Manager Evans informed the Council that the Suburban Cities involved in the regulations being set by the Metro Waste Contol Commission regarding metering storm sewer runoff have agreed to join in the lawsuits. M. ADJOURNMENT 9:55 P.M. City Clerk 13 — 3/19 CITY OF MAPLEWOOD A C C O U N T S F A Y A 9 L E 3A'E 95-07-81 PAGE 1 CHECK* A M c U N T C L A I M A N T P U R. P 0 5 E 005682 62900 MINN STATE TREASURER STATE D/L FEES PAYABLE 005683 19535.50 MINN STATE TREASURER DEPOSITS-CEPUTY REGIST. 005684 1,053.90 VINN STATE TREASURER OEF`OSITS-CcFUTY REGIS+. 045685 134.50 MINN STATE RE SUPER STATE D/L FEES FAYA8LF 005686 58.00 RAP'SEY CO CLERK OF DIST CNTY D/L_FEE_S_ PAYABLE 005687 123* 00 JAMES BUCHER A/R - PARAMEDIC 005688 005£89 Void 72.00 _ MIhN STATE TREASURER -- ---- ---- STATE D/L FEES FAYA9 i.= 005690 1,554.25 VINN STATE TREASURER DEPOSITS-CEPUTY REGIST. 005691 152.00 MINN STATE TREASURER DNP LICENSE FEES PBL 0L�5Eg2 330.00 RAYMOND E FERNCW WAGE CEDUCTICNS PAYAvL 005693 1,E07.51 MINN STATE. TRE.ASURi-R _ CEFOSITS-DEFUTY QEGI_ST 005694 130.00 t!INN STATE TREASURER STATE C/L FEES PAYAEL= 005E95 1 *704.39 MN STATE TREASURER-PIEF:A CONTRIBUTIONS, PER 005E96 39463.66 MN STATE TREASURER-PERA P.E.R.A. DcG__FAYAB E — ----�- AND-CONTRIBU?IOtvSs c=" fiic,597 79706.9C MN STATE TRcASUWER-PEkA BL.F- F•E•R A• CEC PAYA---... AND -CONTRIBUTIONS, PEk 005693 91.00 MINN STATE TREASURER STATE O/L FEES PAYABLE 005699 19427.71 MINN STATE TREASURER DEPOSITS-DEFUTY REGIST 00-3700 16,E81. E7 HILLCREST MIOAM=RICH FED INCOME TAX PAYABL= 005701 5,779.04 STATE OF MN MINN INCOME TAX PAYAEl 005702 9,517.53 CITY + CTY CRECIT UNION CFECIT UNION OED PAYAr 005703 64.82 ICMA RETIREMENT Cdr DEFERRED COMP PAYABLE' 005704 200.00 MN STATE RETIREMENT SYST _- DEFERRED COMP PAYABLE CITY OF MAPLEWOOC A C C 0 U N T S P A Y A 8 L E DATE 05-07-61 PAGE 2 ° CHECK* A M O U N T C L A I M A N T P U R P O S E 00570= 491. 75 MN TEAMSTERS LCCAL 320 UNICN DUES FAY ABLE 005706 145.00 ROSEMARY KANE WAGE DEDUCTIONSPAYAB____ 005707 162.5C HILLCREST MIDAMERICA WAd`C DEDUCTIONS 0AYA9_ 005708 18.00 METRO SUPE RVISCRY ASSOC UNICN DUES PAYA9;.E 005709 283.78 AFSCME LOCAL 2725 UNICN _DUES_ PAYABLE AND -FAIR SHARE FEES FA` 005710 239.00 UNITED WAY-ST FAUL AREA UNITED FUN: QED PAYAPL 005711 155.00 MINN STATE TREASURER STATE D/L FEES PAYA3L 005712 19678.25 MINN STATE TREASURER OEFOSITS-CEPUTY REGIST 005713 14.53 JUDY CHLESECK SUFPLIES, OFFICE_______ _ AND-FOSTAGE AN,O-TRAVEL + TRAINING 005714 50.120 005715 734.5 005716 341.99 005717 29785.04 MN ASSOC OF WCNEN FOLICE OPEN GENERAL LIFE INS CO CONN GENERAL LIFE INS CO MINN STATE TREASURER TRAVEL + TRAINING CONTRI9UTAToNS, INSURANC� CONT?IBUTIONS,INSURANC, CEPOSITS-EEFUTY REGIST, 005718 139.00 MINN STATE TREASURER STATE D/L FEES PAYABLE 005719 63.50 RAMSEY CO ALERK OF DIST CNTY D/L FEES PAYAELE 00572L 500.00 POSTMASTER PREPAID EXPENSE 005721 98.50 MINN STATE TREASURER STATE O/L FEES FAYA9L- 005722 19227.6C MINN STATE TREASURER DEPOSITS -DEPUTY REGIST. PDT — 005723 979C00.00 C S HCCROSSAN INC; CONT P9L - RET ANO-AWARDED CONS�T CONTR PAYAEL= 005724 159.00 "INN STATE TREASURER STATE D/L FEES CITY OF MAPLEWOCO A C C O U 4 T S P A Y A 0 i- E DATE 05-07-81 oAGE 3 CHECK` A M C U N T C- A I M A N T P U R P 0 S 19257.37 VINN STATE TREASURER DEPOSITS -DEPUTY REGIST. IC5725 ✓ 00572-6 005727 Void 7 994.25 METRO WASTE CCNTROL COMM S,A.C. PAYAB�= 005728 20.00 ST CLOUC UNIU TRAVEL + TR_AINIhG _____ . 005729 102.00 MINN STATE TREASURER ONR LICENSE FEES PS, 005730 11000.20 EMPLOYEE BENEFIT CLAIMS O=POSITS WITH FISCAL AG 005731 2,581.88 t'INN STATE _TREASUR£.,i. 005732 130.50 t'.INN STATE TREASURER 005733 504.0+ GEOFFREY OLSON 005734 7.00 METRO AREA MGT ASSOC --- 005735 52.03 MINN STATE TREASUFER --0C5736 I,774.i5 Mt\ STATE TREASURER-FERA 005737 3,E55.52 MN STATE TREASI;R&R-FERA ,005738 7,728.33 MN STATE TREASURER-FERA O05739 1,746.85 005740 599.88 005741 39.00 005742 39. '0 MINN STATE TREASURER MINN STATE TREAS-SURTAX RAMSEY Co CLERK OF DIST RAMSEY CTY CONCILIATION ------EFOS'_TS-C;7cUTYGLST. STATE O/L FEES PAYAOL- TRAVEL + TkAINIt,G TRAVEL + TPATNING STATE D/L FEES PAYABLE CONTFT_?UTIONS, PE -A P.E.R.A. CEC PAYABLE ANC-CONTeRIBUTIONS, PE* P. E._R_. A. CEO PAYAPLE_ AND-CONTKI3UTiONS, PER-,: DEPOSITS-CEFUTY REGIS-, SURCHARGE TAX PAYABLE CNTY D/L FEES pAYA3L= A/t - PARAMEDIC 005743 48.i0 MINN STATE TREASURER_ STATE 0/L_FEES FAYAEL_ 005744 1140E,50 MINN STATE TREASURER 0; POSITS-CEPUTY REGIST 00574: 111.00 MINN �TAic TREASUREk STATE O�L FEES PAYti�?LE CITY OF MAPLEWCOC A C C G U N T S P A Y A 9 1 E DATE 05-07-81 PAGE 4 ° CHECK* A M C U N T C L A I M A N T P U R P O S E O05746 19268.15 MINN STATE TREASURER DEFOSITS-CEFUTY REGIST 005747 126.OD TWIN CITY TESTING OUTSIDE ENGINEERING Ff 005748 915.2D POSTMASTER POSTAGE 005749 005750 119277.26 106,50 RICHARC KNUTSON INC MINN STATE TREASUPER AWARDED CONST CONTRACT STATE D/L. FEES PAYA9LF 005751 2,095.55 MINN STATE TREASURER _ OEFOSITS-CEFUTY REGZST 00575? 005753 200.CO 283.78 MN STATE RETIREMENT SYST AFSCME LOCAL 2725 DEFERRED COMF PAYABLE DUES PAYABLE _ 005754 18.00 METRO SUPERVISCRY ASSOC _UN_IC_N ANC -FAIR SHARE FEES PA" UNICN DUES FAYA9LE 005755 64.82 ICMA RETIREMENT CORP DEFERRED COMP PAYABLE 005756 5,974.37 STATE OF MN MINN INCOME TAX PAYA9�1 5757 17,173.1 Hh.LCREST MIDAMERiCA FED INCOME TAX PAYAB,.F 005758 9,517.5D CITY + CTY CRECIT UNION CREDIT UNION DEC PAYA3L 1.1005759 145.00 ROSEMARY KANE WAGE DEDUCTIONS PAYABLE 00=760 275,50 MN B=NEFIT ASSCC MBA INS =AYABLE 3G5761 124.20 WISCCNSIN'VPT OF REVENUE MINN INCOME TAX PAYAB: 005 762 12,575.60 MN STATE TREASURER -FICA PREPAID EXPENSE AND-F.I.C.A. PAYABLE 7S 252,612.27 NECESSARY EXPENCITURES SINCE LAST COUNCIL MEETING :ITY OF MADI-EWOOC A C C O U N T S P A Y A E L E CHECK" A M O U N T C L A I M A N T DATE 05-07-81 OAG= P U R P 0 S c 00981c . 57.Cii ACCURATE ELECTRIC- - MAINTENANCE MATERIALS 00981E 40. C9 ACE HAkDW_AKE __---- --- MAINTENANCE-_ MATERIALS OU9817 538.3i AKt,.STRCNG INDUSTRI-S EOU-IPMENi----.--- - - 0L9818 i,E87.75 JAMES EAHT --- — FEES, SEPVIC* Heating Inspector �+ 0 .9819 114.3G —BAILEY NUFSE�-I=S.—_____._-____-- _ LAND IMORCVE► ENT_- _ _ 0;�9823 185.15 BATTERY + TIRE WHS: INC SUPPLIES, EOUIi'M7-NT ---- ----- BEACCh PRODUCTS CO MAINTENANCE MATERIALS --OJ9321 1,468.00 C09822 6{1. GO --- - RGhA3.u?=-CKcR.------ - -- -- CONTF-IBU_TI_ONS-, INSURANC- ----- - -- -- 0 09 8.2 3 10.40 BELL INDUSTRIES SUF�LI=S, EGUIPM=tJT ------------ - _ ___ _ BEFG- TORSEiH It�C -- ----- ECUIPMENT, 1u9d24 5T.90 009825 —_26S.85 �_+_MAINT.., 3LUMt_FG_PHO_TC SOUND --CC------ ----- -_- ..EQU_IFM;-' ---- Cu9g2E — 00a827 47.OG 27.60 BOAR- OF WATERCOM1' _ --SS tPRACT--------SUBSCpIf)TIOP:S+MEM9£RSH. EUhEAU OF FEES, SERVICE Water _Meter_installed. 0"982g 2.7�, ANTHONY G- CAHAN�S------------------- TRAVEL _±TRAINING_ _ - 0..r ;9929 97 36 CALLAHAN STEEL SUFPLY ` MAINTENANCE mATERIALS OCc837 , 187,57 CAPITOL SUPPLY CO -- _._._ MAINTENANCE MATERIALS 009831 53.14 CASE FOW_R + EQUIPFENT IES• cGOiPM=NT _ 009932 009333 23.45 60.00 CH;PPEWA SPRINGS CO i3ALy K CLAUSON FEES• SERVICE _ Water Cooler —__ CONTRIEUTIONS•INSURANC 3.94 KENNETH V COLLINS SUPPLIES, --OFFICE Ou983,c 37.5G COPY CUFLICATING PROC DUPLICATING COSTS --_ COFY EOUIPM£NT--------- CUSTOM CONCRETE PRODUCTS _ -- FEES• S�pVICE----- Supplies MAINTENANCE MATERIALS OC9836 009837 _ E.50 93.00 OG9833- 25.70 B DALTON BOOKSTORE BOOKS + PERIO'ICALS 1 CITY OF MAPLEWOOD A C C O U N T S +P A Y A 8 L E DATE 05-07-81 PAGE 6 CHECK' A M O U N T C, A I M A N T P U R P O S E i 009839 14.40 DASCO INC -- --- -- MAINTENANCE MATERIALS; 009840 4.1317.00 DELAHUNT + VOTO CO_- -- FFE_;j�_SERVICE 009841 E.00 RICHARD C DREGER _ Annual Audit TRAVEL + TRAINING 009842 1,375.27 EASTMAN KODAK CO DUPLICATING COSTS 009843 7,561.81 _ EMERGENCY FIRE RESCUE - ---JEQUIPMENT 009344 203.00 EMERGENCY VEHICLE SUPPLY EQUIPMENT O09845 10.00 2ARRY cEVANS TRAVEL + TRAINING - t 01`9846 54.G0 FABRA_GRAPHICS _ SUPPLIES, PROGRAM - O09847 6.00 DANIEL F FAUST P T. AVE,R + TRAINING 009848 66.00 RAYMOND = FERNOW TRAVEL + TRAINING AND -CONTRIBUTIONS, INSU 009849 57.40 FOREMAN + CLARK UNIFORMS + CLOTHING 009350 61.30 GENERAL=LECTFIC SUPPLY SUPPLIES, VEHICLE O09851 669.50 GENERAL OFFICE PRODUCTS EQUIPMENT, OFFICE L'09552 533.73 GENERAL REPAIR ScRVICE REP. + PAINT., UTILITY OC9853 1.96 GLADSTONE LUMBER MART SUPPLIES, EQUIPMENT 009854 69D.24 GOODYEAR SERVICE STORE REP. + PAINT., VEHICLE`: _ AND -SUPPLIES, VEHICLE 009355 60.00 DAVID M GRAF CONTRIQUTIONS,INSURANCi 009856 51.90 NOKMAN L GREEN UNIFORMS + CLOTHING 009857 51.36 JANE7 GREW SUPPLIES, OFFICE__ AND -SUPPLIES, PROGRAt' AND -BOOKS + PERIODICALS AND -TRAVEL + TRAINING IT.Y OF MAPLEWOOD A C C 0 U N T S P A Y A 13 L E OAT= 05-37-81 PAG: 7 CHEr- CK+ A M C U N T C L A I M A N T P U R P O S E 009858 23.98 THOMAS L HAGEN UNIFORMS + CLOTHING 009859 2,208.00 HAMMER ICK-DECORATING CO fcES9 SERVICE Paint Fire Hydrants 009863 55.11 HARMON G, ASS REP! + hA:NT., EOUIRM=+1' --- - 069861 66.78 K-EVIN R HALWEG TRAVEL + TRAINING ANO-CONTr I3UTi0NS,INSt;': --- 009862 43. u0 STEPHEN HEINZ --- CONTAIBUTIONS,INS'JRANC'- 009363 63.00 MICHAEL HER3ERT —_--- --_-- -- CONTRIBUTIONS9P-jSURAN%r' 009364 40.00 HOWIES LOCK + KEY SERVIC REP. + MAINT., VEHICL-S C09865 23.65 HUGSON MAP C0---------- ------BOOKS + FrRIOLICALS 009366 775.00 MAh-K HURD AERIAL SURVEYS _ AERIAL PHOTOGRAPHY OU9867 160.00 J + J TROPHYS + SFCRTS SUPPLIES, PROGRAM _- o 996e 16.00 CANIEL n JAQUITH TFAVEL + TFAINING AND-CJNTRTBUTIONS,IN.SU OC9969 66.00 JOMNSON - DOOCS MENSWEAR UNIFORMS + CLOTHING-- CC9370 49.79 K-MAF'T SUPPLI►2_S, PFOGRA_M-___----- - — - -_--- ANC -SUPPLIES, OFFICE 0±;9371 270.65 KENNEL-A-LRE MFG CO VEHICLES 009872 17.45 KNOW;.ANS SUPER MARKETS SUFPLIES, ECUIPMENT 009873 27E.C4 KNOX LUM3ER CCMPANY MAINTENANCE MATERIALS 009874 5,064.12 LAIS SANNIGAN + CIRESI FEES, SERVICE AND -LEGAL + FISCAL March Services 009875 19500.00 LAIS + SANNIGAN TRUST CO LANDS EASEMENTS 009876 92.5J RICHARC J LANG SUPPLIES, PROGRAM ANC-CONTRI9UTIONS,INSU CHECK* A M C U N T C L A I M A N T P U R P O S E 009877 60.00 ROGER W LEE CONTRIBUTIONS, INSURANC _ 009878 194.02 LION BROTHERS CO INC UNIFORMS + CLOTHING 00,987t 160.00 STEVEN J LUKIN FEES, SERVICE - - _ EMT Instr_uct_o_r 009880 5.00 MPH INCUSTRIES INC SUPPLIES, ECUIPM=riT---__ 009881 335.52 MACOUEEN EQUIFMENT INC SUFPLItS, EQUIPMENT 009882 13.52 MA►PL.EWOOD BAKERY SUPPLIES, PRCGRA`. E 009383 17,56 MAPLEWOOD FOODS SUPPLIES, PROGRAM 009884 195.25 MAPLEWCO3 PLBG + HTG INC JANITORIAL _SUPPLIES,_ ANC -REP. + MA:N ., q- _ OC9385 93.35 MAPLEINOOD REVIEW PUBLISHING - _ —ANO-LEGAL + FISCAL - 009386 35.00 DONALD H MATTSCN BOCKS + PEKIODICALS OC9887 3.60 — JOHN J MCNULTY TRAVEL + TRAINING C09883 60#00 JAMES M£EHAN JR CONTRIBUTIONS,INSURANC= 0098d9 60.00 JON A HEL.ANDER _ CONTRIBUTIONS,INSURANCE 009390 17,90t.88 MERIT CHEVROLET CO VEHICLES 009891 6E9404.90 METRO WASTE CCNTRCL COt M SEWAGE TREATMENT -- OC9892 72.50 DANIEL ME TTLER SUPPLIES, PDOGrRAM AND -CONTRIBUTIONS,.& UR 009893 116.17 MIDWAY TRACTOR SUPPLIES, ECUIDMENT 009894 50.44 MPLS STAR + TRIBUNE CO PUBLISHING 009895 19096.00 MINN MINING + MFG CO EQUIPMENT 009396 108.50 MN REG + PARKS ASSOC SUPPLIES, PROGRA+! 009897 100.00 STATE OF MN FEES9 SEPVICE Rezistration CITY OF MAPLEWO0O A C C O U N T S F A Y A 8 L E DATE 05-07-81 PAGE 9 CHE CK* A M C U N T C L A I M A N T P U R P O S E 009898 39000600 W A MITCHELL FEES, S KV1L;_ AND -LEGAL + FISCAL March Service 009899 66.00 RICHARC M MOESCHTER TFKkVEL + TRAINING AN r=CONTRIBUTIONS,INSUR 009900 64,61 RAYMOND MORELLI TRAVEL + TKAINiN G AND-CONTRIBUTIONS,INSU:�, 009901 59751.03 MOTOROLA INC EQUIFMENT. 009902 144-CO MUNICILITE CO SUPPLIES, VEHICLE--__—_.-- 009903 619.00 PUNIC + PRIVATE SERVICE Animal Control -March __FEES, SEFVIC 0,0990;4 14.61 MYERS TIRE SUFFLY SUPPLIES, VEHICLE 009905 468.00 NATIONAL CAMERA EXCHANGE SUPPLIES, PRUGKAM 009906 7.50 NATICNAL _WILDLIFE FED SUBSCRIPTIOhS+MEM9ERS�+i I OC9907 3.53 CAKOL NELSON OC9908 2010 ROBERT NELSON TRAVEL + TRAINING TRAVEL + TRAINING 009909 12450 NORTH ST PAUL KIRFY FEES, SERVIC= Supplies 009913 8.25 NORTH ST PAUL i%ELt1ING IN SUPPLIES, EQUIPMENT 609911 838.31 NORTHERN STATES POKER CO UTILITIES 009912 352.22 NORTHERN STATES POWER CO UTILITIES 009913 270.51 NORTHERN STATES POWER CO UTiL111tb 009914 311.91 NORTHWESTERN BELL TEL CO TELEFHONE 00991E 440.30 NORTHWESTERN EELL TEL CO TELEFHONE C09916 356.91 NORTHWESTERN FELL TEL CO TELEFHCNE 009917 270.18 NORTHWESTERN TIRE CO INC SUPPLIES, VEHICLE CITY OF MAPLEWOOD A C C O U N T S P A Y A B L E DATE 05-07-81 PAGE 10 CI-ECK* A M 0 U N T C L A I M A N T F U R P 0 S E 009318 79.0C OSWALD FIRE HCSE MAINTENANCE MATERIALS OC9919 9.99 PAKO FILE! SERVICE SUPPLIES EQUIPMENT ANC-SU�pLIES, OFFICE 069920 66.12 PALEN REFRIGERATION INC RAP. + MAINT., BLCG+G 009921 109.50 RAMS-EY CLINIC ASSOC P A FEES, SERVICE — Physical_ 009922- 6,975.00 RAMSEY COUNTY TR_ASURE� _ EQUIPMENT -- — -- OG9923 39.23 RAMSEY COUNTY TREASURER _ OUTSIOE ENGINEERING F 029924 69.78 RAMSEY COUNTY TREASURER FEES, SERVICE _ Data Processing CONTFIBUTIONS,INSURAN 009925 40.J0 0A-E E _ ____ RAZSKAZCFF 00992E 38.00 REVENU- SHARING A3V SEF;V 009927 152.85 RICE STREET CAR WASH O09928 G09929 _ 22.00 63.30 ROGERS FR—INTt-SHOF=E MICHAEL P RYAN G09930 227.15 S + T OFFICE FRODUCTS GC9931 009932 257.7b 15.89 T A SCHIFSKY + SflNS ING SCIENCE MUSEUM CF MINN 009933 61.59 SEARS 1O=BUCK + CO SUBSCRIPTIONS+MEM3 ER S� REF. + MA.'NT., VEH:CL SUPPLIES, OFF IC=- -- CONTRIBUTIONS, INSU RA N.- SUPPLIES, OFFICE MAINT=NANC= MATERIALS SUPPLIES, PROGRAM SMALL TCOLS ANC--SUFPLIES, cQUIPMEN OC9934 6.OG OONALD J SKALMAN TRAVEL + TRAINING 009935 6.19 ST PAUL BOOK+STATIONERY SUPPLIES, OFFICE ---- 009936 19053.85 CITY OF ST PAUL REP. + MAINT., EQUIPME" AND -REP. + MAINT., RA2. 099937 009935 36.3E ST PALL DISPATCH PUBLISHING 63.48 GREGORV L STAFNE TRAVEL + TRAINING CITY OF MAPLEWOOC A C C C U N T S F A Y A 8 L E GATE 05-07-51 PAGE 11 CHECK* A M C U N T C L A I M A N T P 009939 REP. + MAINT., VEHICLES AN0-VEHICL=.S 329.31 STD SPRING + ALIGNMENT 009943 6G.0� VEKNON T STILL COtT�PIBUTIONS,INSURAyC-- 009941 4G.G�7 DARRE"LL T STOCKTON--- — CONTRIBUTIONS,INSURANLE 009942 76.50 TASUiAT-I4G _SfMV__ 6_Ua=_AU-----.------_ F-`5- ---S PV_Z_C.=---------- - Data Processing - C-99943 ..98 TARGET STOc.ES 1NC SUP°LIES, OFFICE --------- ---- --- --- ----- ------ MAINTENANCE MATERIALS 009944 76.03 H R TOLL CO 0 0 9 9 4 5 331.18 -- ?RUCK UTILITIES + MFG CO --- -- -- --- — - -- --- ----- --REP. + FAINT.,_-E_OUIPkEr R► F � M A r N T V` H i 4O-I'AINTENANCE MA TER it OC9946 96.8E TUkNGL'IST PAPER CC --SUPPLIES, JANITOP:I AL 009947 24-E5 TWIN _CITY _FILTER _._SERV IN _ FEES, SERVICE __--__--.-- ---- Filters C099413 19E• 82 UNIFCRMS UNLIA t ITEC UNIFCR.MS + CLOTHIING .— --------- -- 0 0 9 9 4 9 7 fl G O VAN - G O------- -- VEHICLES _ 009953 1,829.39 VIkTUE PRINTING CC SUPPLIES, _OFFICE------.--- 009954 28•0) WAGERS INC' SUPPLIES, OFFICE 009952 148.43 WAi,N—ER S TRUEVpLUE HCWkE MAINTENANCE MATEkiALS ANC -SUPPLIES, EQUIPMEN' ANO-SMALL TOOLS --- -- - ANC -SUPPLIES, OFFICE ANO-SUPPLIES, JANITOR: 009953 7.75 WEBER + TROSETH INC REP, + MAINT., ECIUIPME 0G9954 64.52 DUANE J WILLIAPS — TRAVEL + TRAINING CITY OF MAPLEWOOD A C C O U N T S F A Y A B L E DATE 05-07-81 PAGE 12 CHECK* A M C U N T C L A I M A N T P U R P O S E 009955 409.66 XEROX CORPORATION DUPLICATING COSTS 009956 40.00 JAMES G YOUNGREN CONTRI3UTIONS,ItvSUrZAN 009957 77.98 ZIEGLER INC SUPPLIES, ECUIPMENT _ 909958 6.2C EPIC AUR=LIUS WAGES, P/T + TEMP. 00995S-* 57.95 MARY JO 9ERTHiAUME WAGES, P/T + TEMF. . D09960 6.20 ELIZA9ETH CASSEDAY -- WAGES, P/T +TEMP, 009961 6.20 BAN DIX04 WAGS# P/T + TEMP. 009962 %• 6.20 KQr;Yh KASPRZAK WAGES, P/T + TEMP. - — 009963 57.75 ANN KINNEY WAG",ES , P/;- + TEMP. OC99b4 %� 84.2J KRCISTINEE KULZER WAGES, F/T + TEMP. OL9965 6.20 JULIE MCTZ WAGES, P/T + TEMP.---- - 009966 6.20 NICHAEI RAGA -- WAGES, P!T + TEMP. C09967 6.20 THOMAS RJSS WAGEc S, F/T + ----- TEMO. 00936E 3.10 B£N_IS E RYOEN WAGES, P/T +-- 009965 5 .920 KERRY SHORTRICGE WAGES, P/T + TEMP. 009970 %'= 6.20 EVA SPANNHAUER WAGr.S, P/T +TEMP. - OU997 8.00 KATHLE£N SPANN£AUER WAGES, P!T + TEMP. 009972 6.20 RICHARD STARK WAGES, P/T + TEMP. 009973 8.00 DAVID WALDEN WAGES, P/T + TEMP. 0C9974 198.00 RITA FPEOERICKSON WAGES, P/T + TEMP. 009975 254.00 EDITH STOTTLEMEYER WAGES• P/T + TEMP. 009976 29.00 UNION CEMETERY ASSOC RENTAL, PROPERTY _ D�'99TT %• 28.00 DOROTHY LEONARD R E F U N D ACCOUNTS,FAY ABLE DATE 05-07-81 PAG= 13 CITY OF MAPLEWOOD CHECK* A M. O U N T C L A M A N T p U R P O S OQ99T8 14000 ELSIc KNUTSON D -- R E F U N 009979 �` 140.00 THE FLAME BAP R E F U N D 009980 : 50.00 JOHN ECBERG P E F U N 0 009981 '� 50.00 CAINS LOUNGE R E F U N D Ofl9o.82 - . 95.00 MARVIN BROWN FEES, SEPVICS_ —_ Mountings 009983 15.00 TIM GIBSON R E F U N D - - 68.50 M W MILLER FLAG CO SUFLI=S, EOUIgMENT QC9984 170 1479272.33 CHECKS WRITTEN — - ------� TOTAL OF 249 CHECKS TOTAL 3999884.63 Indicates items financed by recreation fees. .TY OF MAP4EWOOO PAYROLL REPORT PAGE 1 CEr-.TIFICATION REGISTER CHt-CK DATE L4-24-81 N- T--FA-Y 01373 ANDERSON NCRMAN G 275.00 238.35 01374 BASTIAN GAkY w 275*03 256.71 L1375-----GREAVU 35 Be D-j-- 2 J1376 -JOKER FRANGES L 275.00 22E.74 01377 NELSON EAkL L 275,00 256-71 C 1378 E V A N S A A---- -1 6 2 -4 9.113 a 5 5.. P;-,E-.PD L E W 1 S VIVAN R 660*00 437.57 0137 1 9 .- FAUST DANIEL F 1,289.78 819.70., 31330 ---HAG-EN 01331 MATHEYS A-ANA K 575o11 424,41 G !332 VIGOREN OE60RES A 490922 332.63 �1S63 AUF-LIUS 4. 37 01384 GREEN PHYLLIS C 660.67 453.70 .31385 SCHIADT JEANNE L 323*04 257.;5 U1336— S EL V 0 G ------- C1387 VIETOR LO k r"-.A I N E S 502.22 336,97 01368- KLEIN JAMES G 129063 114.66 01339 .- PELOQU-1-N— ALEF-ED C1390 RILEY TEkRANCE C 121913 115*69 '1391 ARNOLD UAVA". D L is 0 Ig, 11 331,61 ,L1392.- 8 9t.,22— 6 239 01393 BASTYR DEBORAH A 447.11 196.51 :1394 = CAhANES ANTHONY G 19022.67 438.09 04.AU 6 7 G1396 COLLINS KENNETH V I-o 023. It !j 14.76 CITY OF MAF_EWCOD P A V RJ 'L.�, REPORT PA G =- 2 CERTIFICATION REGISTER CHZ--(;K LAT-- 0.+-24-81 -GR40 S S P A y NE T - c;, Y 61397 DELMONT DENNIS J 19187.56 45.9C 01398 DREGEf-% RICHARD C C1399 ----FL-RNOW 01400 FL A U G H E'k JAYME L 586.22 .14J1 FUL6EF, JAMES D 490.22 362.51 L1432 GREEN. NCKMM4 L 19 340. 45 541*33 D 1� J3 HAGEN THOMAS 19269*78 215.15 �14u4 HALWEG KEV:N K, 896.22 379*25 HE"'NZ -Sr- HE'4-,---.-j .39- - ----- 0 li. 06 HERBEN-T MICHAE. J 9 01's 14 513.19 '1437 JAQUITH DANIEL R 528*45 351.93 14 28 KOhTUS ------- --V 37-3.12 2.7-5 .-;. 3 L 14 "09 LANG R I C H A Ri.) J 935.99 506.24 14 10 ICNULTY 1,04L.06 16 3 - 2 - - I ED 1-, 11 -881.33 -4 E, 1 u 4 ----- ---- 1-+12 METTL7--i, DAN:EL 3 930.55 6 02.05 101413 MOESCHTER F, 1 C H A R-J- M 19 011.90 59.61 --j)1414 --MORELLI C 1;* 15 MUL WEE GEORGE W 521*41 3 3 .93 01416 NELSON KAk-,-N A 523.11 ----- -------- 325.31 Cl-+17- N E L 5 0 N 03 � R 01418 OMATH jov E 493-33 316.87 �f'1419 PELTIER WILLIAM F 19001*78 553*86 SCHALL-F, W_ 67 S 3 01421 SKALMAN DONALD W 898*22 5.57 ITY OF MAF�WOOD PAYROLL #DEPORT PAG; 3 CEkTIFICATION REGISTEF. CH-CK u4-24-81 LH-CK ___.-_____;,,N„=-----------------_-_- _-- .- _ _._LROSS PAY NET _FAY J1422 STAFNE GRLGORY L 898.22 545.48 C 1423 STILL VEkNON T 881.33 5-13. u 5 J1-,24 _-STOCKTON _.-_-T -----_..._. 932.81 _ __ 6_0 .81 1 25 SVENDSE'N JCANNE M 586.22 375.13 01426 TUCHNEn MICHELE: A 523.11 242.35 0;._27 WILLIAMS ___. JUANE _. _J _ 932,44 472.52 �1428 ZAFPA JOSEPH A 19042.00 655. ,9 1429 3+�CKER RONALO J 993.69 2o2.18 01430 CUSICK _ - DEE,viIS. ----._-S_ __ - .19292.56__ %1431 GF:AF JAV:D M 944.88 43� .55 J 1432 LIE 'cJvEti W 962.22 5 29..2 01-33 M E L A N F; _JOw A 944.86 1434 NEL5014 CAkOL M 1, 074.44 6 39.06 1435 RAISKAZvFF OA,.c E 190C+9.01 16�.80 L1 + 36 _._ RICHI=------.CAtc 1L __ -- _ �_ _ 414.22 _-_ 2 75.7.3 01�.37 ,CYAN MiCHAf� P 1,011.18 475.52 01438 VORWEkK i0BcRT E 974.88 121.97 41440 EMEERTSON JAMS M 824.57 544.8.3 01441 SCHADT ALFRED % 19005.33 63-•0:6 C 14-t2 LARNY -- --- - _ 144.22.. - -- -111 .-99 - - -- -- L1443 DOHERTY KATHLEEN M 215.20 169.53 u1444 -ELIAS DAMES G 875.11 487.51 _ 01»45 _.- GANZfi____-_ _. -_PETER ________R _-__--- --------563.OG._____------- 50. 01446 HAILER KENNETH G 19185933 1;59*45 ,ITY OF MAFLEWOOG PAYRJLL R-P0 GF 4 CEmT:FICATION REGISTER CH-CK uATz. 4-2--81 .,,HECK - - iNAmL- -._ _ GROSS PAY- _. NZ T -P= Y C 1447 NEMETZ NAmY A 490.22 3 16.99 01443 PECK 875.11 µ ?.36 u1449 ----WEtGWEAT-N __----- -- --JULiTH _ ____.---A, 278.72 01450 WILLIANSON kOfsERT F 770.22 475.33 LJ1451 GE.1SSL-r. WALTtK M 85Go0 52v.79 G1452 - GESStLE- JAMES T 761+.,*-► 49',h3 01�-53 WYMAN JAMES N 651.11 44*3 �1,,54 BRErEIM c0GER W 665.6-� 441.71 ui455 CAST - _---- ---W!4-LIAM .-- C. _ _ __19031.55 51-+.37 _ C1456 FREBERG nONALu L 763.20 y81.7I 31-, 57 HELEY RJiNAL ; J 770. 36 L 85.71 ,145a HOCI-BAN JDSEPH H 665.60 =-72.=G 01w59 KANE M:CHA=L R 763.20 334.71 : iw60 KLAUSING HE Nr,Y F 793.99 4J7.77 O14E1 MEY=ii- _ - _- iiERHLD _ _._._ _A _ 788,92 . 394.57 i;1+o2 P',ETTNER JOSEPH S 19054.41 697.75 01463 R_INERT EE uWAR A 763.20 431.77 0.1,+-64-- TEVLIN•JK-------�i�knY ---- J- --8D.G.6�7 - --._5.2�,9-9------- L1465 LAROCHE GILBERT C 564.89 373.24 f 1.4E6 ADAMS PAULI NE: M 942.22 549.11 -_ u1,467 _ - .34ENNEF----__.__iOiS --- -- J - -._---617.61 --- _. -2-14.01 ---_ 01,468 KRUM:MEL BAKBARA A 303.61 l 7J .23 C1469 .OGEGAMi C ROBERT 0 19216.83 75J.25 01470 TAU8MAN _----_._-__00UGLAS---_J _ _ 654.65 445•51 01471 WARD KOY G 292.89 215.1-3 TY CF MAF�EWOOD PAYROLL REPORT PAGE 5 CLnTiFiCATION REGISTEm CH_CK DATE 04-24-31 . i;Hbi.K --- --------- �Li��4�-- --------- - -- -----GROSS PAY -__ .. N = T PAY 01472 BUPKE IYLES R 763.22' 396.46 C1473 GERNAIN tDAViU A 7b3.20 4774.55 14.7-------GUSiNJA-_- ---------.- J9=LVIN _ J 1,1$C.6I b31.1 i1475 HELEY rZOLAND d 763.20 .89.34 01476 JOHNSON GAKV P 7u.20 L 14 77 _ _ MARUS KA A 7 ' .71 '1478 SANTA KEEu E 791.62 _26.$7 01479 BkUNF-LL BAMBARA J 265.4-+ 199.21 i1430 GREW _ ----.-----_JANET _ M 547.11 359.73 u1461 HOFSNELL JUDi i H A 284. ti 21..25 1432 SOUTT_R CHK1STINE 577.71 390.1? 01-.83 CHLESECK _-.. JUJY- _ _ __ _ M 616. 26: 2 2�.1 3 01484 £KSTRANL THOMAS G 734.54 447.96 2, 1, 35 JOHNSON RANLA L,_ L 761081 4 35 .61 -- 14 86 MISKE .L - - -------NANC.Y - --J 2d .93 ... - 2 O . e6 01487 OLSON GEOFFREY W 1,195.11 663.62 01488 OSTROM MARjORIL 1, 010.67 b 27.35 _--C1489 _4-6.115-2_-------------------- 01490 EOSON DAViU B 777.60 489.35 01491 GAUSTEK STEVEN A 40C9 03 34y.91 01492 - -KRtY-----------�£tAI.O _-- -� - -676.8 0 .419.19 _ -- - --- - 01493 NALEAU EOWARD A 810.76 5 35 *44 C1494 :.NUTESON LAVERN_ S 1,044.97 431.43 GEf11_-D- -- --C .._. -- - - 777.60---- 01496 MACDONALG JOHN E 841.60 5�.32 :TY OF MAF"EWCOU ,,HEGK B1,+97 MULVANEY CHECK REGISTER TOTALS PAYROLL REPORT PAGE 6 CERTIFICATION REGISTER CHICK CATE G4-24-81 NE-T-PA Y------ ENN I S M 813.6i 4 97.8 3 95,344.38 51945).32 0 �Ce �' MEMORANDUM TO: City Manager FROM: Director of Public Works 06-k DATE: April 30, 1981 SUBJECT: FEASIBILITY STUDY - LINWOOD AVENUE IMPROVEMENTS, PROJECT 80-15 This feasibility study was prepared in response to a petition submitted by a number of property owners. It is recommended that the City Council accept the study and schedule a public hearing for 7:15 p.m., June 7, 1981. KGH/mn E-� L TO: City Manager FROM: Finance Director RE: Safe Deposit Box DATE: April 30, 1981 MEMORANDUM Resolution The banking services agreement between the City and Maplewood State Bank provides that the City receive the free usage of a safe deposit box. However, in order to use the safe deposit box, a resolution must be passed. Adoption of the following resolution is recommended: "RESOLVED: That, until written notice to the contrary is given by this corporation to the Safe Deposit Department of the Maplewood State Bank access to Safe Deposit Boxes (herein called safes) standing in the name of this corpora- tion in the vaults of the above named bank shall be had by the following: Daniel F. Faust, Finance Director Arline Hagen, City Treasurer Any one of whom shall have full authority to enter said safes and to make deposits therein or remove any part or all of the contents thereof, to rent safes and to execute leases thereof in the name of this corporation, to amend or cancel said leases, to exchange or surrender the safes, and in all other respects to represent this corporation." Action by Council:; MEMORANDUM TO: City Manager FROM: Finance Director ✓�-��� RE: 1980 Annual Financial Report and Audit DATE: April 29, 1981 Recently the City's 1980 Annual Financial Report and audit were completed. Copies of the report and audit comments have been distributed. At is recommended that the Council schedule a meeting with the supervisor of the City's audit, Bob Voto, to discuss the report and audit comments. In the past these meetings have been held in conjunction with the regular Council -Staff meeting on Mondays. Mr. Voto has indicated that he would be able to attend the May 18th meeting. Date s TO: City Manager FROM: Finance Director RE: Budget Transfer - DATE: April 27, 1981 MEMORANDUM Legal Costs On March 5th, the attached report was presented to the City Council and authorization was received to take legal action to challenge the proposed sewer rate charges for storm water run-off. The potential costs of this legal challenge are unknown at this time. Due to the possibility of severe tax levy limits being imposed by the current legislature, it is recommended that Maplewood's legal costs for this case be financed out of the Sewer Fund. Therefore, it is recommended that the Council author- ize a $10,000 transfer from the contingency account (701-212-4910) to the operating budget (account 701-211-4480) to finance the legal costs. Action by Council:, Endorse.d__ Mod1 Reject.�____�_�._ Date I 3 MEMORANDUM TO: City Manager FROM: Director of Public Works DATE: April 30, 1981 SUBJECT: PUBLIC HEARING - BIKE LANES PROSPERITY ROAD AND COUNTY ROAD "B" The public hearing requested by Ramsey County is scheduled for 7:00 p.m., May 7, 1981. The routing of the bike lanes is shown on the attached map. Construction will involve adding approximately 6 feet of paving on each side of the existing bituminous street. A final overlay will then be placed over the entire road width. The result will be an attached bike lane on both sides of the street. Striping and signing will be provided for identification and safety. It is recommended that the City Council approve the plans for the installation of bike lanes on Prosperity Road and County Road B. attach. KGH/mn I r3^ cME 4 REh ♦.JE _ f- - AVE - _.... - -- �CG!E w �Rr 1vE r ' LEAK � __. J RU. x -'-- ¢' r----� I i : z SASSiL.: ;h116 5 L' : s' _ W Y4vt �" 5." 1, irl AV -AIL— J Avf. 1 RjjE,fMooc_);AVE28 1 i LN Ali rr' ; 4 eri, Woke/ e/O 10 K)iIC 4 STON i•Yf It ST. PAUL RAMSEY COUNTY BIKE LANE PROSPERITY STREET - COUNTY ROAD B Scale: I " = 1600, Dote: 3/26/81 n 10 K)iIC 4 STON i•Yf It ST. PAUL RAMSEY COUNTY BIKE LANE PROSPERITY STREET - COUNTY ROAD B Scale: I " = 1600, Dote: 3/26/81 n M E M O R A N D U M TO: City Manager FROM: Director of Community Development SUBJECT: Preliminary Plat, Street Vacation, and Variance LOCATION: County Road Band Hazel Street (see enclosed maps) APPLICANT: Castle Design and Development Co., Inc. OWNER: Arthur W. Bollman PROJECT: Arthur W. Bollman's Addition DATE: April 15, 1981 SUMMARY OF PROPOSAL Request ALtion by Council: 4 - Endorsed _._ 240dii'ie__. Re j e c t e d_. __ Date-,__ Approval of a preliminary plat, street vacation, and three. lot frontage variances Proposal 1. Vacate Sandhurst Avenue from Van Dyke Street to Hazel Street 2. Create four single-family residential lots 3. Lots 1 and 2 will require variances to allow 73 feet of frontage 4. Lot 3 will require a variance to allow 74 feet of frontage BACKGROUND Site Description 1. Size: 175 x 296 feet or 1.2 acres, including a portion of the south half of the undeveloped Sandhurst Avenue right-of-way. , 2. Existing Land Use: A single-family dwelling and garage Surrounding Land Use North: North 30 feet of the undeveloped Sandhurst Avenue right-of-way. Across the right-of-way, a single-family dwelling on a 134 x 435 foot lot. East: Hazel Street. Across Hazel Street, single-family dwellings. South: County Road B. Across County Road B, single-family dwellings. West: A single-family dwelling on a 120 x 260 foot lot. Past Actions October 19, 1978, Council ordered an engineering feasibility study for the construction of Sandhurst Avenue between VanDyke and Hazel Streets. Due to excessive slope, con- struction of Sandhurst Avenue west from Hazel Street was recommended against. Improvement of Sandhurst Avenue as a cul-de-sac, east about 390 feet from Van Dyke Street was found to be feasible (Map 4). January 17, 1981: Council tabled action on the request, "until further consideration was requested". Neighboring property owners, opposed to the street improvement, were attempting to purchase the sponsor's property. (Mr. O'Keeke opposes the present vacation request). DEPARTMENT CONSIDERATIONS - Planning - 1. Land Use Plan Designation: RL, Low Density Residential 2. Zoning: R1, Residence District (Single Dwelling) 3. Proposed Density: 13.7 persons/net acre 4. Compliance with Land Use Law: A. Statutory: 1. Section 462.357 Subdivision 6(2) states that the Board of Appeals and Adjustments is empowered to hear requests for variances from the literal provisions of the ordinance in instances where: a. strict enforcement would cause undue hardship because of circumstances unique to the individual property b. where it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance 2. Section 412.851 states that: The Council may vacate any street, alley, public grounds, or any part thereof if it appears in the interest of the public to do so after a hearing preceeded by two weeks published and posted notice. B. Ordinance 1. All proposed lots exceed minimum area requirements. 2. Sections 904.030 and 1005.010(1) require a minimum lot width of 75 feet at the building setback line. The Applicant is requesting 73 and 74 feet, respectively, in order to comply with setback requirements for the existing structures. Environmental The eastern portion of the two northerly lots, slope steeply to the west from Hazel Street. Development of these lots would require considerable fill and grading. Other Aqencies The Ramsey -Washington Metro Watershed District has indicated that, the proposal appears to be consistent with the District's concerns. Depending on the manner in which the area is graded for development, a District permit may be required. Public Works 1. Water and sewer are available in County Road B 2. Only sewer available in Hazel Street. - 2 - 3. The drainage and grading plan should be revised to reduce the proposed "grade at foundation" for lots 1 and 2 from 976 to approximately 972 feet. �. A permit will be required to fill and grade lots 1 and 2. Sandhurst Avenue is not feasible to construct west from Hazel Street. No utilities are located in the right-of-way. _ Financial { Cash connection charges for sewer service required for lots 1 and 2. Citizen Comments Of the seven properties abutting Sandhurst Avenue, the owners of six are in favor of vacating Sandhurst Avnue from Hazel Street to Van Dyke STreet. The property owner, opposing the vacation, Mr. O'Keeke, owns 435 of 595 feet along the north line of the right-of-way. Mr. O'Keeke favors the construction of Sandhurst Drive to allow for the subdivision of his property. CONCLUSION Analysis The ea$tern portion of Sandhurst Avenue cannot be cost-effectively improved and should be vacated. The main issue in this case is how much of the right-of-way should be vacated. Sandhurst Avenue is the only available access which would allow development of the inner block area, west of the proposed plat. In 1979, the owner of 2201 Hazel Street (Map 2) requested improvement of Sandhurst Avenue in order to subdivide and develop the western portion of his property. Construction of Sandhurst Avenue, east of Van Dyke Street, as a cul-de-sac, was determined to be feasible (Map 4). The project, however, was tabled due to neighborhood opposition. Notwithstanding, it is recommended that Council not vacate Sandhurst Avenue, west of the proposed plat, until 100% of the abutting property owners are in favor or it is determined that the subject right-of-way is not necessary for future development of the inner block area. The purpose of the variances is to provide minimum setbacks to property lines. The options are to move the buildings or allow substandard setbacks. Moving the buildings would be impractical, considering the minimal lot width variances. Allowing substandard setbacks would not assure adequate separation between buldings. Recommendation I. Vacation of Sandhurst Avenue from Hazel Street to a point 175 feet west, on the basis that: 1. It would be cost -prohibitive to develop this portion of the right-of-way. 2. It serves no public purpose and is in the public interest to vacate. II. Indefinitely table consideration of the vacation of Sandhurst Avenue from Van Dyke Street to a point 420 feet to the east, until it is determined that the subject right-of-way is not needed for the development of inner block property. - 3 - III. Approval of variances to allow 73 feet of frontage for Lots 1 and 2 and 74 feet of frontage for Lot 3, on the basis that: 1. Approval would assure property separation between structures and, therefore, be in keeping with the intent of the Code. _ 2. Strict enforcement of the Code would require moving of the eA-sting structures, which would constitute an unnecessary hardship. IV. Approval of the requested preliminary plat, subject to: 1. Payment of sewer cash connection charge for lots 1 and 2 2. Evi'dence of an adequate well water supply. 3. City Engineer approval of the final grading and drainage plan. 1. Location Map 2. Property Line Map 3. Plat f•1ap 4. Lot Arrangement Concept - Sandhurst Drive Imrpovement Proposal - 1979 5. Vacation Resolution 6. Public Vacation Petition 7. Applicant's Letter (1-28-81) MIZ MAN JAYE. z z w ROAD c x AV E. - EA ELA F-1 F1 n F1 = ST. PAU L LOCATION MAP MAP 1 wWa� KC44LMAN AVE, I _A-L, z a . NOi 9 Ad r) FJ ci cr Z , ]R i PLEY --KrPLE-Y AVE AVE. nnnnF �Q� I 1 y ti. i 1 1 t i 711 r— �2' e -- = LARKAl -7--- I _ : r N F- AD I. t y • I �J ( �e �L-t rl� ZA- �.C-(D�PZ : j. �. ~' I -ham ---- -• __-�_-- k '- j --ate— 1..11_—---�• �75f- z-.;f Z Y C Q f. J 5r r - MAP 2 SANDHURS�T h'r. �,rtit loo ♦lfq lb / + < aJ 2 y 4 , p 1 L f ( , _ PROPERTY LINE MAP aJ 2 y 4 , p 1 L f ( , _ PROPERTY LINE MAP MAP 3 175.0 - Sandhurst Avenue (Proposed for Vacation) M 1 M- 175.0 M � M 2 V 175.0 74 101 i TeeY - EXISTING — GARAGE VAC. v AL d 4 NG L M IDCD M 3 4 .o s 74 101 175.0 COUNTY ROAD PLAT MAP F- w w EC E -- V (n . �� RD. B1 tPresent Plat Proposal _ ' ' MAP � LOT ARRANGEMENT CONCEPT — 1979 SANDHURST DRIVE PROPOSAL RESOLUTION FOR RIGHT OF WAY VACATION WHEREAS, pursuant to ,the provisions of Minnesota Statutes, Section 412.851, thereof, the. Maplewood City Council, upon petition of a majority of the owners of the land abutti ng the *street proposed to be vacated, and after a publ i c heari ng preceeded by two (2) weeks published and posted notice, proposes the vacation of the following described Sandhurst Avenue, west of Hazel Street and east of the northern extension of the east line of the west 120 feet of the east 295 feet of Lots 1 and 2, Block 30, Smith and Taylor's Addition, Section 2, Township 29, Range 22. WHEREAS, THE FOLLOWING PROPERTY IS AFFECTED BY THE STREET VACATION: 1. Except the west 160 feet,- Lot 2, Block 19, Smith and Taylors Addition 2. The East 175 of Lot 1, Block 30, Smith and Taylors Addition; l�-��g���X��t� X�����Vi�D��X �R�R � ��XZ��X�������L �'�c z��i�-X �d-z►�k ��-����C�c and WHEREAS, the Maplewood City Council finds that the vacation of the above described street-a-R�iska- in the interest of the public due to changing land uses and obsolete platting: NOW, THEREFORE, BE IT RESOLVED by the City Council, Ramsey County, Minnesota, that the above described Jstreet �� be and hereby is4a4�e vacated and the City Clerk is hereby directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer records and the same shall be thereafter filed with the Ramsey County Recorder, subject to NOTE: If more than one parcel is included in a legal description, list only the parcel(s) directly affected. PUBLIC VACATION PETITION We, the undersigned, being a majority of the owners of -land abutting on the (street), (alley), or (public easement) described as: do hereby petition the City Council of Maplewood, Minnesota, to vacate the above described area. - Name Signature (Please print or type) ` /ice✓w'� rev,- jN' Y ; � A R?�1�� `e/ aK6 L 4. In Axi i 4;;:;I� /...- W - /_ /' 4 0 W x J - Abstractor's List No. /?. ...Cr,,tle P..i., &'Brorlopmr,nt TV. 3Jnr. 2419 N. MARGARET NO. ST. PAUL, MN 55109 PHONE: 770-6138 January 28, 1981 Mr. Jeff Olson City Planner City of Maplewood Frost Avenue Maplewood, Minnesota Dear Jeff: Castle Design & Development Co., Inc. has submitted a petition to Maplewood to your office for the vacation of Sandhurst Avenue from Hazel to Van Dyke. We feel this vacation will be in the public interest due to the fact that the costs incurred in the improvements of the street would be prohibitive. This due to the topography of the land. The majority of the abutting property owners do not want the improvements to the above -mentioned property. s. Pres. jmg/kdg/gas NOTICE OF PUBLIC HEARING FOR A CODE VARIANCE The Maplewood Board of Adjustments and Appeals will conduct a public hearing on Thursday, May 7, 1981 at 7:15 P.M. in the Council Chambers of the Maplewood Municipal Building, 1380 Frost Avenue. PETITION INITIATOR: PROPERTY DESCRIBED AS: REQUEST: Castle Design & Development Co., Inc. 2419 North Margaret North St. Paul, Minnesota 55109 Northwest corner of County Road B and Hazel Street. (Bollman Addition) Two lot frontage variances ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD If you have questions or would like further information, cal Geoff Olson at 770-4560 NOTICE OF PUBLIC HEARING STREET VACATION AND SUBDIVISION OF LAND Notice is hereby given that the Maplewood City Council, has declared a public hearing for May 7, 1981 at 7:15 P.M. in the Council Chambers of the -Maplewood Municipal Building located at 1380 Frost Avenue. The purpose of said hearing is to consider all remarks regarding a proposed subdivision plat and street vacation. APPLICANT: PROPERTY DESCRIBED AS: NUMBER OF LOTS PROPOSED: STREET TO BE VACATED: Castle Design & Development Co., Inc. 2419 North Margaret North St. Paul, Minnesota 55109 Northwest corner of County Road B and Hazel Street Four single-family residential lots Sandhurst Avenue from VanDyke Street to Hazel Street. ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD EAi 1. Submission and approval of a final grading plan for the easterly 2/3's of the site. This grading plan shall provide for approximately 13 acre/feet of storm water storage capacity between elevation 910 and 916 in the northeast corner of the site. 2. Adherence to the requirements and standards set forth in Section 917 (Mineral Extraction) of City Code. 3. In accordance with Section 917.060 (4), annual mineral extraction permits must be obtained from the Director of Public Works. A plan for each year's operation shall be approved by the City Engineer. Annual permits shall designate the area and total acreage to be excavated. 4. All excavation shall be in accordance with each year's approved plan. No deviations shall be allowed without prior approval from Director of Public Works. 5. There shall be no explosive detonations of any kind on the site. 6. A suitable structure or method of operation must be employed to remove excess dirt from truck bodies and tires prior to exiting onto a public right-of-way. 7. A sediment basin shall be constructed by the Applicant and approved by the City Engineer, to filter all storm water runoff from the active mining site. 8. Truck hauling shall be prohibited on Hazelwood Avenue north of the site. Approval is recommended on the basis that: 1. The use is consistent with Maplewood's Codes and would not hinder future development plans. 2. Excavation and grading of the site are required to prepare for future development. 3. Excavation and sale of the site's sand and gravel deposits to prepare the site for future development is in the public interest. Commissioner Pellish seconded Ayes - all. D• Preliminary Plat/Variances/Street Vacation - Arthur W. Bollman's Addition Secretary Olson said the applicant is requesting approval of a preliminary plat, street vacation and two lot frontage variances. Staff's recommendation is included in their report. Chairman Axdahl asked if there was anyone present who wished to comment on the proposal. Commissioner Fischer moved that the Planning Commission recommend that the City Council approve vacation of Sandhurst Avenue from Hazel Street to a point 175 feet west, on the basis that: 1. It would be cost -prohibitive to develop this portion of the right-of-way. 2. It serves no public purpose and is in the public interest to vacate. Commissioner Kishel seconded Ayes - all. Commissioner Fischer moved that the Planning Commission recommend that the City Council indefinitely table consideration of the vacation of Sandhurst Avenue from VanDyke Street to a point 420 feet to the east until it is determined that the subject right-of-way is not needed for the development of inner block property. Commissioner Kishel seconded Ayes - all. Commissioner Fischer moved that the Planning Commission recommend to the Board of Adjustments and Appeals approval of variances to allow 73 feet of frontage for lots 1 and 2 and 74 feet of frontage for lot 3, on the basis that: 1. Approval would assure property separation between structures and, there- fore, be in keeping with the intent of the Code. 2. Strict enforcement of the Code would require moving of the existing structures, which would constitute an unnecessary hardship. Commissioner Kishel seconded Ayes - all. Commissioner Fischer moved that the Planning Commission recommend that the City Council approve the requested preliminary plat subject to: 1. Payment of sewer cash connection charges for lots 1 and 2 2. Evidence of an adequate well water supply. 3. City Engineer approval of the final grading and drainage plan. Commissioner Kishel seconded Ayes - all. E. Variance/Rezoning - 750 E. Viking Drive (Triemert) Chairman Axdahl said this is in an area that he has concern in, therefore, requested someone else chair the meeting. Commissioner Pellish nominated Commission Fischer to chair the meeting. Commissioner Ellefson seconded Ayes - all MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Preliminary Plat and Two Variances LOCATION: McKnight Road (See enclosed maps). APPLICANT/OWNER: Garet M. Bros PROJILCT: Chesterwood DATE; Piarch 31, 1981 Actior, b,,, C ui,.c i`i.ii LI1C_..;i. SUMMARY OF THE PROPOSAL Request Approval of two variances and a preliminary plat. Proposal 1. The proposal is to create 15 single -dwelling lots ranging from 13,181 square feet to 40,640 square feet and an outlot for future development of two double dwellings. 2. Refer to the enclosed map for lot and street design. BACKGROUND Site Description 1. Gross acreage: 9.91 acres 2. Net acreage: 7.56 acres 3. Existing land use: single -dwelling house. This house would be moved to proposed lot 15. Surrounding Land Uses Northerly: A single dwelling home on a 4.3 acre parcel, owned by Carl Maidment. Easterly: A 19.5 acre parcel, with preliminary plat approval for 12 lots (Schwichtenberg Addition). The land immediately to the east is proposed to be left undeveloped. 1 r .Southerly: Five -single-dwelling homes and several undeveloped lots, all part of the Venture Woods Plat. Westerly: McKnight Road. West of McKnight Road is a residential plat and un- developed land in St. Paul DEPARTMENTAL CONSIDERATIONS Planning 1. Land Use Plan designation: RL, Residential Lower Density. 2. Density allowed: 14 people/net acre 3. Density proposed: 8.14 people/net acre 4. Zoning: F, Farm Residence Variance 1 5. Section 1005.010 (1) (bb) of City Code requires "not less than 60 feet at the front lot line." 6. Lot 8 has a frontage of only 43 feet. This would require a variance of 17 feet. Variance 2 7. Section 904.060 (1) requires that, "The rear yard for each lot shall have a depth equal to, or greater than 20% of the depth of the lot." 8. The applicant would like to construct a house on lot 5 with a rear yard set- back of 40 feet. Twenty percent of the lot depth is 51 feet. A variance of 11 feet is, therefore, required. 9. Section 462.357 (subdivision 6) states that variances may be approved "from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance." 10. The applicant's justification for the variances are in the enclosed letter. Environmental Topography: The site is hilly with some steep slopes, ranging from a high of 973:feet to a low ponding area of 930 feet. Wettands: The property contains three depressions that are wet during part of the year. (See enclosed plat map for locations). The central po6d is proposed as a storm water holding pond. The northerly and southerly ponds -'-would be filled. r� r Trees: The site is heavily wooded with deciduous trees, except for the area surrounding the existing house and a small area on the west. There is a small apple orchard near the southwest corner of the site. The use of a cul-de-sac and large lots should preserve many of these trees. Public Works 1. Sanitary sewer and water are available in McKnight Road. 2. ffiie drainage system for the plat would deviate from the City drainage plan, but would meet its intent. The drainage plan proposes that water from the pond `n lots 14 - 15 be piped southeasterly through two ponds and eventually back to McKnight Road. Unfortunately, piping was not provided in the Venture Woods plat to the south. The applicant is, therefore, proposing to drain his pond directly into the McKnight Road storm sewer. 3. The County is planning on an 86 foot wide right-of-way. An additional three feet is needed on this plat. 4. Ramsey County is proposing a bike trail on McKnight Road. Public Safety Public Safety recommends that the street name should be Glenross Court, rather than Chesterwood. They believe that there are too many street names ending in "wood'. This may be confusing in emergency calls. Glenross is the street in Woodbury that most closely aligns with the proposed cul-de-sac. Citizen Comments A survey of the property owners within 200 feet was made. Of the eight replies received, four were in favor and four against. Those opposed were concerned with water run-off problems to the lots on the south side of the proposed plat. Recommendation I. Approval of a variance to allow 43 feet of frontage on lot 8, on the basis that: �I 1. The lot has three times the required minimum lot area. 2. The lot width at the building line exceeds the required minimum lot width. II.- Approval of an 11 foot rear yard setback for a house on lot 5, on the basis that: 1. The lot has four times the required minimum lot area. -2. There are no plans to construct anything on the property to the east. 3. The lot has a larger than normal depth. 3 III. Approval of the preliminary plat, subject to the following conditions: 1. Dedication of an additional three feet of right-of-way for McKnight Road. 2. Driveways shall be limited to the cul-de-sac. 3. Submission of a developers agreement before final plat approval. 4. Change the street name to Glenross Court. - 5. The driveway on lot 5 shall be constructed to channel run-off from the drive to the cul-de-sac. Enclosures Location Map Property Line Map Plat Map Applicant's Letter 4 LOWER AFTOM RD. LONDIN LA. MAILAND RD. 0- (1) LAKEWOOD DR. (2) TEAKWOOD DR. (3) C*ESTVIEW DR. (4) OAKRIDGE DR. (5) HILL*OOD DR. vv� PETITION10 IN ER Garet M. Bros Preliminary Plat REQUEST z (2 (3) -RC (4) 0 25 cr C C 0 0 C ( 23 25) �72 z 0 T26N F- L? 1 V) 1 (D ftzrw-li7ff R21W M z < IM cc iQ (n '72 ' r74_ -qA4]E JAVE. EWTZ LAVE 25) -OUTHC S bk 72 Carver Lake 494 RVEk 72 4 6 01- Location Map 0 7 D 14 H L-H ,_4.5, ,�, t, 6 7 9 2 :C,5 .zq 'V E T UjR� N 67 7 or E3 u-) --PH.YLIS CT.-- I C) 5.4 J! Ec C, c J Z� ry 101- WOODS ADD. 87 Iss 8 0 5 PETITIONER Garet M. Bros REQUEST Preliminary Plat Property Line Map cif 7- Ld 0 If -r--•Q ;.�: A :ter BOUNDARY AND %OPOGRAPN/C SURVEY FOR OWNER ( !)EVEt PER PRELIMINARY PLAT OF: MR. CARET BROS , CHESTERWOOD 850 S-.. WV..� ROAD \\ M.VEEWDMD M,wwESOTA $5114 t, I ^': fir ::::; � � 1 ' .�� •( , .771 \ t\ / h itit t �•� T l 11'� OUTLOT =` I� A 1 ••r ._-f In l �. 1 -i' f' i\ ► rj /r . � � 1- �' �l ire �•: , j t ;� j J I r i PHYL/S COURT WETLANDS J \I yj I ♦ ■ = ■ CHESTERWOOD A Presentation to the Planning Commission of the City of Maplewood for the development of the Bros property. _LOCATION The site, which has been named "Ches►terwood", is a 9.3 acre parcel located on McKnight road midway between Linwood and Highwood Avenues in the south leg of Maplewood. HISTORY AND OWNERSHIP The property is part of 20 acres of land assembled by Mr. F. J. Erskine during the second decade of this century and divided among his four children in 1955. The south half of Chesterwood, including the existing residence, was acquired by the present owner is 1972, and the north half in 1978. The present owner intends to build a new home on lot 5 in the southeast corner of the site and retain this lot when the project is finished. TOPOGRAPHY The site is hilly with some rather steep slopes, with elevations ranging from a high of 973 feet to a low ponding area of 930 feet. It is heavily wooded with deciduous trees except for the area surrounding the existing residence and a small area on the west. A coordinated effort between the owner and Maplewood's tree inspectors during the recent oak wilt epidemic resulted in the saving of many of the beautiful red and pin oaks indigenous to this area. There is a small apple orchard near the southwest corner of the site. SOILS The surface soil is deep, rich loam.; Test borings and previous constuction in the vicinity"have shown widely varied subsoil materials and depths, ranging from well drained sand -gravel mixes to nearly impervious clay. No test borings have been made on this site. DEVELOPMENT PLAN The proposal is to plat the site in a way that will respect the existing terrain and beautifully wooded gaulity to the greatest possible degree. The road has been planned to minimize the loss of additional major trees, especially the red and pin oaks. Grading to establish rain water runoff control has also been carefully_ engineered to ninimize additional loss of desirable trees. The lots have been sized exceedingly generous to allow a significant amount of the land to remain wild. The average size of the 15 lots fronting on Chesterwood is 21,672 square feet, or very nearly one-half acre. A storm water retention pond is to be developed on the back part of lots 11, 12, 14, 15, and 16. The existing residence is to be relocated to lot 15 and faced south to gain better advantage of the winter sun. VARIANCES This proposal includes requests for variances from Maplewood city ordinances. 1. The frontage of lot 8 has been designed at 43 feet instead of the normal 60 feet for cul-de-sac lots. This frontage could have been widened by locating the road further east on the hillside, but this would have greatly increased the amount of grading on all lots fronting on the cul-de-sac, made access to the lots on the east more abrupt, and required removal of many additional trees. As it has been engineered, lot 8, at nearly 3/4 acre, is a beautiful site for a secluded residence and is completely in keeping with the character of Chesterwood. 2. The setback distance from the rear (east) line of lot 5 is requested to be reduced from 51 feet to 40 feet. The only reasonably suitable place for lawn and garden space on this lot is the level area in the southeast corner of the lot. It is desirable to locate the planned residence in reasonable proximity to this area. The requested variance also helps to reduce the grade of the driveway somewhat, and also enhances the view of the valley to the east from the house. Every effort has been made during the design and engineering of CHESTERWOOD to create a very high quality development. As can be seen, special attention has b-e-en paid to preserving Nature's best qualities. I believe it ---will become an area of pride to the City of MAPLEWOOD. J NOTICE OF PUBLIC HEARING SUBDIVISION OF LAND 'Notice is hereby given that the Maplewood City Council has declared a public hearing for May 7, 1981 at 7:15 P.M. in the Council Chambers of the Maplewood Municipal Building located at 1380 Frost Avenue. The purpose of said hearing is to consider all remarks regarding a proposed subdi.vision plat. APPLICANT: PROPERTY DESCRIBED AS: NUMBER OF LOTS PROPOSED: Garet M. Bros 850 S. McKnight Maplewood, Minnesota 55119 9.91 acre parcel addressed as 950 South McKnight Road 15 single -dwelling lots and an outlot for future development of two double dwellings. ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD 13 NOTICE OF PUBLIC HEARING FOR A CODE VARIANCE The Maplewood Board of Adjustments and Appeals will conduct a public hearing on Thursday, May 7, 1981 at 7:15 P.M. in the Council Chambers of the Maplewood Municipal Building, 1380 Frost Avenue. PETITION INITIATOR: PROPERTY DESCRIBED AS: REQUEST: Garet M. Bros 850 S. McKnight Maplewood, Minnesota 55119 950 South McKnight Road (Chesterv400d Plat) A lot frontage variance and a rear yard setback variance ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD E. Revenue Note.- Toyota Dealership Secretary Olson said the request is for approval of tax exempt mortage revenue note financing in the amount of $900,000. Staff is recommending approval as outlined in their report. Chairman,Axdahl asked if there was anyone present who wished to comment on the proposal. The applicant said he would like the approval of the request by the -Commission. Commissioner Howard said he objected to the proposed dealership before. He could not understand why a foreign made product should be subsidized through this type offinancing. Commissioner Prew moved the Planning Commission recommend to the City Council approval of the tax exempt mortgage revenue note financing in the amount of $900,000 based on the findings staff has presented listed in the Analysis section of Staff's report dated March 24, 1981. Approval is subject to the following conditions: 1. Construction must begin within one year of preliminary approval. 2. Payment of the deferred water`4ssessment of $1,615.35 plus interest. Commissioner Ellefson seconded .Ayes - 8 Nays,- 3 (Commissioners Whitcomb, Howard, and Kishel) F. Street and Alley Vacations - Connor Av6,nue and Hazel St. (Wessin) Secretary Olson said the request is to vacate Connor Avenue and Hazel Street and intersecting alley west of White Bea venue and south of County Road C. Staff is r..ecomnending approval of the va ations. Mr. Wessin id they would be bringing developm t plans to the City shortly. Commissioner Barrett moved the Planning Commission r ommend to the City N'eet Council approval of the vacation of Connor Avenue, Hazel S andthe alley,all of which are located on the westernsideof White Beaenue in block 6, _ .._. /IM,I,aplood Addition.The vacationsare found to be in the publ' interestthese rights_of_4vay serve nopubliic need and arenotpl anQ d, to be used hicular orpedestrian traffic. sioner Hejny seconded Ayes - all. G. Preliminary Plat - Chesterwood Secretary Olson said the applicant is requesting approval of two variances and a preliminary plat. Staff is recommending approval as outlined in their report. 4 4-6-81 Commissioner..Pellish questioned why the street should be renamed because it is in general alignment with a street in Woodbury. Secretary Olson said the Public Safety Department wants a uniform system for naming streets. Also, as indicated in the Staff report, there are already a number of streets ending in "wood" and this could add to conTusion in cases of emergency. - Garet Bros, applicant, said they would like to have the street remain Chesterwood, however, they would reconsider and return with suggestions to the City. They would like the condition removed they name the street Glenross. Commissioner Pellish asked why Outlot A was not being platted at this time. Mr. Bros said at the time the development was drawn up, there was a moratorium on double dwellings. It is his desire to construct two double dwellings, with access via a common drive onto McKnight Road. The Conservation Department objected to any filling of the low spot to the north of outlot A to develop it into single family lots. They will submit platting later for double dwellings. Commissioner Whitcomb asked if the property line between lot 7 and 8 could be realigned to give the 60 foot frontage on lot 8. Mr. Bros said he thought it would be difficult to go to the 60, how- ever it could be raised to go to about 57 feet. Lot 8 does have more square footage already. Chairman Axdahl asked if there was anyone present who wished to comment on the proposal. Commissioner Pellish moved the Planning Commission recommend approval of the variance to 43 feet of frontage on lot 8 ontthe basis that: — -'--�----- __ _ _ w__ 1. The lot has three times the required minimum lot area. 2. The lot width at the building line exceeds the required minimum lot width. 3. This variance permits a road placement which results in a greatly decreased amount of grading on the lots on the cul-de-sac, less abrupt access to the lots on the east side and preservation of many additional trees.. Approval of an 11 foot rear yard setback variance for a house on lot 5, -on the basis that: - 1. The lot has four times the required minimum lot area. 2. There are no plans to construct anything on the property to the east. 3. It is the lot's larger than normal_ depth that is creating the need for the variance. 5 4-6-81 Approval of the preliminary plat, subject to the following copditiQn.$: 1. Dedication of an additional three feet of right-of-way for McKnight Road. 2. Driveways shall be limited to the cul-de-sac 3. Submission of a developers agreement before final plat approval. 4. Change the street name to a name mutually agreeable to -he developer, public safety and staff. 5. The driveway on lot 5 shall be constructed to channel run-off from the drive to the cul-de-sac. Commissioner Whitcomb seconded Ayes - all. H. Code Amendment - Minimum House Sizes Staff is recommending amending the code to permit reduced minimum floor areas and to include a definition for floor area and single family residence types. Commissioner Fischer said the HRA has discussed this subject at their meetings. They are definitely in favor of reducing the house size. She suggested the Commission table the proposed amendment until the HRA as an opportunity to review the suggested changes. Commissioner Fischer moved to table this item until after the HRA has an opportunity to review it. ---- ___ Commissioner Prew seconded Ayes - all. I. Variance - Phylis Court (Sonnen) Secretary Olson said the applicant is requesting a variance to construct a single-family dwelling with less than the required minimum floor area. Staff is recommending approval as outlined in their report. Tom Sonnen said they are requesting approval of the variance. Commissioner Prew moved the Planning Commission recommend to the Board of Adtustments_and Appeals approval of -the —requested Rfloor�area variance L .- based on staff's -analysis and the n4 followi: "` - -1. No floor area minimum presently exists for tri-level dwellings. 2. The proposed floor plan is consistent with proposed revisions to the Zoning Code. 3. Requiring the applicant to wait until the Council completes its review of the amendment proposal, would constitute an unnecessary hardship. 4. The mass of the prototype structure at 1587 Sandhurst Drive is compatible with other development in the neighborhood. Commissioner Fischer seconded byes - all. 6 4-6-81 M E M O R A N D U M TO: City Manager ct3c,, FROM: Director of Community Development SUBJECT: Zone Change (F to R-3) rT�^ LOCATION: Woodlyn Avenue and McKnight Road (see map) V APPLIC-ANT: Mack Nettleton OWNERS: Mack Nettleton, Jerrold Lindahl, and Geraldine Nordgren Tat DATE: April 15, 1981 SUMMARY OF THE PROPOSAL Request To rezone a 7.67 acre tract from F, Farm Residence District to R-3, Multiple Dwelling Residential. Proposed Land Use The Applicant is intending to build quad and double -dwellings. BACKGROUND Site Description 1. Acreage: 7.67 acres 2. Existing Land Use: Undeveloped, except for NSP high power lines Surrounding Land Uses Northerly: Undeveloped property planned for Rm, Medium Density Residential and zoned for F, Farm Residential Southerly: Woodlyn Avenue. Across Woodlyn Avenue are some single family houses and undeveloped single family lots. Easterly: McKnight Road. East of McKnight Road is undeveloped land planned for R-m and zoned R-1, Single Dwelling Residential Westerly: Undeveloped property planned for Rm and zoned F Pact Artinn 11-28=80: The City of Maplewood approved a lot division of the subject parcel dividing it into three parcels. The Applicant has not yet recorded the new deeds. f DEPARTMENT CONSIDERATIONS Planning 1. Land Use Plan Designation: Rm 2. The proposed R-3 zoning is compatible with the Land Use Plan. 3. Zoning: Farm Residence District Public Works 1. Sanitary sewer and water are available. 2. Storm drainage is a potential problem. A complete grading and dPainage plan must bfi�-approved by the City Engineer during the developmental stage._ Other :�lgenci es The NSP easement, which covers the north 150 feet of the site, cannot be built upon. RECOMMENDATION Approval to rezone the subject parcel to R-3, based on the finding that the proposed zoning is consistent with the Land Use Plan. Enclosed: 1. Location Map 2. Property Line Map 3. Petition - 2 - (1) N LAKEWOOD DR (2) N. MEYER CT. (3) BRENWOOD CURVE I&I F IkRFNNFR AVv (1.1 MAPLE LANE 68 (2.)CHIPPEWA CIRCLE (3.) CHIPPEWA AVE. NORTH ST. PAUL z EDGEHILL NO. A V E.- 0 A V Il to AVE. AV 36 A TLE ILK R EN AVE. OPE AVE. 41 AN. AVE. w RD VIE. (2 s LOCATION MAP I zvm 36131 0 z R22w— lie R21W 0 lr2bN L Z 19 LL) 4 %. I `bo ET MOMM" Ims PROPERTY LINE MAP Zone Change /F to R-3\ ADJOINING PROPERTY OWNER REZONE PETITION ( PETITION We, the undersigned property owners collectively represent 50% or more of the adjoining property owners within 200 feet of the requested rezone property described on the attached application in accordance with Section 915.010 of The Maplewood Municipal Code. We petition the Maplewood . City Council for a change in official zoning classification on tie attached described property from farm -resident (F) zoning to mult. fam. res.(R-3) zoning. Our names can be verified, as legal constituted land owners, on the certified abstract (listing owners of land within 350 feet of the requested rezone area) which is required to be filed in conjunction with the rezone application and this petition. The written signature of any person's name on this petition is indication of that person's understanding of the proposed zone, the proposed location and an endorse- ment for approval of such change. SIGNATURE PRINT NAME SeyroII F. L.h4o,k l ABSTRACT CERT. LIST NO. ✓ /� Q C1� /q . ]V e �-�-�e riy �I �. 40 p L a wr"c a T"as'zo_Jk S ,� • � e 44 y L. Ta n a S Z a .S l.eoya 1 S.$� h •t4'1' e- '�" e NOTICE OF PUBLIC HEARING ZONE CHANGE Notice is hereby given that the Maplewood City Council will d nduct a public hearing on Thursday, May 7, 1981 at 7:45 P.M. in the Council Chambers of the Maplewood Municipal Building located at 1380 Frost Avenue. The purpose of said hearing shall be for the City Council to consider all remarks regarding a petitioned change in zoning district classification filed by: APPLICANT: Mack Nettleton 8048 Hill Trail North Lake Elmo, Minnesota 55042 REQUESTED ZONING CLASSIFICATION: R-3, Multiple Dwelling Residential EXISTING ZONING CLASSIFICATION: F, Farm Residence PROPERTY DESCRIPTION: A 7.67 parcel located north of Woodlynn Avenue and west of McKnight Road ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD . a a Commissioner. Kishel asked what type of vehicles would be used in this business. The applicant said they are presently using their car, they do intend to purchase a small truck Commissioner Fischer moved the Planning Commission recommend the City Council approve a one yea-r permit for the proposed home steam -Ileaning _business, subject to compliance with the criteria outlined in the Planning Commission Subcommitte-e report. Commissioner Whitcomb seconded Ayes - all. B. Rezoning - Woodlynn and McKnight (Nettleton) Secretary Olson said the applicant is requesting to rezone a 7.67 acre tract from F, Farm Residence District to R-3, Multiple Dwelling Residential. Staff is recommending approval of the request. The applicant was present and indicated he had nothing to add to the staff report. Commissioner Ellefson moved the Planning Commission recommend to the City Council approval of the requested zone change from F, Farm Residence to R-3, Multiple based on the finding that the proposed zoning is consistent with the Land Use Plan. Commissioner Kishel seconded Ayes - all. C. Mining Permit - Hazelwood and Beam (Korstad) Secretary Olson said the applicant is requesting approval of a special use permit to allow the continued excavation and grading of a 66 acre site to an elevation of one foot above the elevation of Beam and Hazelwood Avenues. Staff is recommending approval as outlined in their report. Commissioner Barrett asked if there would be restrictions on the hours of operation. Secretary Olson said the Mining Ordinance restricts the hours from 7 A.M. to 7 P.M. Commissioner Pellish asked how long it would take to remove the fill from the site. Mr. Korstad said he thought it would be completed within two years. Commissioner Whitcomb moved the Planning Commission recommend to the City Council approval of a special use permit for mineral excavation on a 66 acre site, located at the northeast corner of Beam and Hazel rood Avenues, subject to: TLO TO: FROM: SUBJECT: LOCATI-BN: APPLICANT: PROPERTY OWNER: PROJECT: DATE: Request M E M O R A N D U M City Manager - Director of Community Development Commercial Revenue Note Southeast Corner of Highway 36 and Atlantic Street James C. Loken and Roger Hokanson Fred Schuster Maplewood Racquet Club April 27, 1981 SUMMARY OF THE PROPOSAL ' Approval of Mortgage Revenue Financing in the amount of $825,000 for a proposed racquetball club. Proposed Land Use A 12 court racquetball facility. The structure would be a 2 story building with 15,221'square feet of floor area. D ArVr DOI Mir) Site Description 1. Lot Size: 1.26 acres 2. Existing land use: Undeveloped Surrounding Land Uses Northerly: Highway 36 Southerly: Undeveloped land (the location of the future service drive) and Cope Avenue Easterly: Undeveloped land and English Street Westerly: Atlantic Street and the Highway 36 frontage road Past Actions 7-20-78: Council approved a lot division to create the subject lot and also approved project plans for a Jay's Restaurant. 7-5-79: Council approved plans for the above racquetball club with' -conditions. 9-13-79: Council granted preliminary approval of a commercial revenue note for the proposed development. DEPARTMENTAL CONSIDERATIONS Planning I. Land Use Plan Designation: LSC, Limited Service Commercial Center 2. Z-Dning: M-1, Light Manufacturing 3. Ummercial revenue note eligibility guidelines: A The project shall be compatible with the overall development plans of the City, including the Comprehensive Plan, Zoning, and Community Design Review Board standards. B. The project shall not require a significant amount of public expenditures for City improvements such as roads, sewers, and watermains. C. The project shall involve an existing business that the City wishes to expand or a new business which the City wishes to attract: 1. Existing Business Criteria Any expansion, relocation, or rehabilitation of an existing business 2. New Business Criteria a. Offers significant new employment opportunities, based upon the nature of the use, on a year around basis, or b. The project involves the rehabilitation of a vacant or scheduled to be vacated structure, or c. The proposed location is within a designated development or .redevelopment target area, and d. Possesses a low potential for creating pollution. D. The number of businesses of the same general nature in the area of the proposed project shall be considered in determining the need for commercial revenue note financing. E. The note shall be for an issue of not less than $300,000. F. Construction must begin within one year of preliminary approval. Financial 1. The .Applicant has signed an agreement to pay all costs involved tin the review and financing of the proposed project. Commercial revenue notesi do not con- stitute a charge, lien, or encumbrance upon any property of the -City except the project and would not be a charge against the City's generaT-credit or taxing powers, but are payable from sums to be paid by the Applicant. 2. Critics believe the tax exempt revenue bond and note program contributes to higher interest rates for conventional municipal bonds for public improvements. A secondary public cost is the loss of federal and state income tax revenues. - 2 - CONCLUSION Analysis The following refer to the criteria as outlined in the eligibility guidelines for commercial revenue note financing: A. The project is compatible with Maplewood's Comprehensive Land Usk Plan, Zoning Code regulations and has been approved by the Community Design Review Board. B. Thy project will not require any public expenditure. C.2.a. The proposed use offers fifteen new jobs. C.2.d. The proposed use possesses a low potential for creating pollution. D. There are no existing businesses of the same character as this one in the area. There is one, however, proposed on the south side of Cope Avenue across from the subject site. E The requested financing exceeds the minimum amount of $300,000. F. Construction is proposed to begin by June 1, 1981. Recommefidation Preliminary approval of tax exempt mortgage revenue note financing in the amount of $825,000. Approval is subject to the following condition: 1. Construction must begin within one year of preliminary approval. 1. Location 2. Property Line Map - 3 - L o A e 23c -' COUNTY N�n i Ali F� 22 Keller 25 Qi ^\ KOH'- 'A it I AVE�'rwl � H; i ROAD i I cr 61 ` I I� rz \ 0SExT, aVE. -A _ -- l Gc�yLl[ 1V E. �I CAR V415 G�Ia, sNDy1E'd' { AVE. i LF .R o e _OUN-Y ell �I i LELAND IU� JUNC 7I0N AVE '1� Bu ��4 4AN AVE o ISKI N I w0 AD LA. �115HR � AVE OI RY.yN ml1 7 N i e R .dI��f 2 Lip2E J FROST > I N ' N7 /A `J Whowil SUI ShG 0F'2 � a Q FRIS�BIEE AVE. c� RIPLEY i AVE. ,/ Oke L SDIIFN IA ST. _. uI X j7! m SJP! LoAe zt �IJ z I D Q.W t]1!ILA Lip !C NTEJ R• LOCATION MAP i= - — ✓> � LLRK LV'E _�I N LARK _ �!!`AURIF I! RD jiefILAURIE�) F zli zl� I < I �I _$aN !�UR57 < �ILvE L cr! AVE F 8UI!h^KL / IMr�.1FR In �� 6 `,co , zi W! ¢I I ¢, Loke I, :1 V ai Mla STIi ICE AVa .AVE L_ —Jf � ! i --1 fin.. PROPERTY LINE MAP a MEMORANDUM F-7 TO: City Manager FROM: Director of Community Development SUBJECT: Variance, Rezoning, and Lot Division =� LOCATION: 750 East Viking Drive (See enclosed maps) AtPLI CANT: Arnold Tri emert_ ' 3•c;-. OW[ER: Eugene Pedro (fee owner), Arnold Triemert (C/D) DATE: April 15, 1981 SUMMARY OF PROPOSAL A variance to permit the use of on -site sewage disposal facilities, a rezoning from F, Farm to R-2, Residence District (double dwelling) and a lot division to allow separate ownership of each half of a double -dwelling. BACKGROUND Site Description 1. Acreage: 1/2 acre with 90 feet of frontage on East Viking Drive. 2. Existing Land Use: A single-family dwelling located in the center of the lot. The foundation was constructed in anticipation of expansion to a double -dwelling. Surrounding Land Uses North: Viking Drive. Across Viking Drive, Highway 36. East: Single-family dwelling. 'South: Arlington Hills Methodist Church West: Undeveloped. Owned by the applicant, zoned F, Farm and•planned for RL, Residential Lower Density. •Past Actions 1-3-80: Council enacted a one year moratorium on special use permits for double - dwellings in R-1 zones. 4=14-80: The applicant: was issued a permit to build a single-family dwelling with two garages. - r 4-7-81: The City Prosecutor gave the applicant until 4-24-81 tQ obtain well and septic system permits for existing facilities. A septic system permit has been received. 1 DEPARTMENT CONSIDERATIONS Planning 1. Land Use Plan Designation: RL, Residential Lower Density. 2. Density: This proposal would not exceed the planned densitylor the neighborhood. _.3.= Policy Criteria from Plan (Update). Page 18-8 (5a): Residential areas should be encouraged, planned, and guided Y to provide a variety of housing types within neighborhoods Page 18-29 3a: The Low Density Residential classification is primarily designated for a variety of single -dwelling homes. An occasional double- dwel'ling may be allowed. 4. Zoning: F, Farm Residential 5. Compliance with Land Use Law: A. Statutory: Section 462.357 Subdivision 6 (2) states that the Board of Appeals and Adjustments is empowered to hear requests for variances from the literal provisions of the ordinance in instances where: 1. strict enforcement would cause undue hardship because of circum- stances unique to the individual property 2. where it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance B. Ordinance 1. Section 905.030 states that, "No duplex shall be built or structurally altered on any site unless public sanitary sewer is available." The applicant is proposing individual on -site sewage disposal systems. 2. Section 912.080 states that where the Council or Planning Commission is required to consider an exception to the Zoning Code in accordance with the provisions of this ordinance, it shall among other things: a. Assure itself that the proposed change is consistent with the spirit, purpose, and intent of the zoning ordinance. b. Determine that the proposed change will not substantially injure 7. or detract from the use of the -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. 2 c. Determine that the proposed change will serve the best interests and conveniences of the community (where applicable), and the public welfare. 3. Section 1005.010 (11) of City Code allows two-family dwelling lots to be split along the party wall, provided that the initial lot area is at least 12,000 square feet and the following conditions are met: a. The property and structure must be able to be ea �!My split into two substantially equal sections. b. The structure must meet current Building Code standards for fire wall separation. This can be added to an existing unit. c. Separate utility services must be provided. d. Deed restrictions shall be recorded with the property, requiring that the structure shall have a uniform exterior appearance, in terms of color, design, and maintenance. e. Deed restrictions shall be recorded with the property, if one unit is burned or destroyed it shall be reconstructed in a uniform appearance and if both units are burned or destroyed, minimum lot widths shall then prevail for single dwelling homes. A double dwelling may be rebuilt meeting the original conditions of this ordinance. f. Any disputes be submitted to binding arbitration according to the rules of the Minnesota Arbitration Association. g. Any other conditions that City Council deems necessary to assure compatibility with surrounding structures or to assure a reason- able division of property. Environmental Health 1. A septic system was installed for each unit without a permit. 2. If the lot is divided, as proposed, the easterly system will encroach upon the westerly lot. As a condition of the lot division, a perpetual on -site sewer maintenance easement should be recorded to run with the land or the easterly system should be relocated so as to be contained entirely on the lot it serves. If the applicant would have requested a permit, this problem would have been avoided. 3. The,site is adequate in terms of size and soil characteristics to support two, _ on -site systems. Approximately 8500 square feet of usable drainfield area exits. The Minnesota Pollution Control Agency recommends approximately 4880 square feet of usable lawn area to serve the proposed double -dwelling (Source: Home ;-Sewage Treatment Workshop Manual, 1981). r 3 4. One well exists* on the eastern portion of the site. No well permit was obtained. A second well will be required if a lot division is approved. Public Works 1. Municipal water and sewer are not available to the site. 2. awe to wide lot frontages and assessability of only one side the street, -the extension of utilities would not be feasible, unless the City assumes ,mart of the cost. Citizen CoFrents Staff requested input from each of the seven persons owning property within 200 feet of the site. All seven persons responded. Four persons had no objection. Those with an objection, including the fee owner of the property, feel that the proposed double -dwelling would"degrade the neighborhood and be out -of -character with the neighboring single-family homes, setting an undesirable precedent for future development in the area." (See enclosed letter.) CONCLUSION Analysis Three issues are raised in considering this request: 1. What is meant by the Land Use Plan policy of allowing "an occasional inter- spersing" of double -dwellings within low -density residential neighborhoods? 2. Would a double -dwelling in this location be compatible with existing and planned development? 3. Should the applicant be allowed to build a double -dwelling in an unsewered area? The Land Use Plan does not contain formal criteria for determining consistency with the policy of allowing "an occasional interspersing" of double -dwellings in low density residential neighborhoods. Since the Land Use Plan was adopted, justification for consistency with this policy, has been established on a case by case basis. Examples of commonly cited reasons for approval have been: 1. no other double -dwelling is located in the vicinity 2. the site is located on the periphery of a neighborhood 3.the site fronts on a collector street and 4.- the proposed structure would be compatible with the -existing -neighborhood. Whether each of these criteria would be applicable on a City-wide` basis is questionable. Generalized criteria do not always apply, nor adequately judge the individual merits of proposals. The primary goal is to maintain the basic character of a single-family neighborhood. 4 In November 1980, Council considered the general issue of double -dwelling com- patibility within si-ngle-family neighborhoods. In preparation, Staff visited the location of existing double dwellings throughout the City. A general conclusion of the study was that: "Past history in Maplewood has shown that double -dwellings have a place in R-1 zones. Some act as a buffer, between single -dwelling homes and. apartments. Other double -dwellings are located in the middle of single -dwelling neigh- .-borhoods.. They appear to be compatible with these neighborhoWs and in some .r cases are better maintained than the average single -dwelling pause in the area . Bef"ore a decision is made in this case, it is recommended that Council visit several of the double -dwelling sites listed on the enclosed map. Concerns that the double -dwelling will degrade adjacent property values also appear to be unfounded. On three separate occasion (1978, 1979, and 1980), the City of Coon Rapids has undertaken a sales study to address this issue. Each time, the conclusion has been that apartments and double -dwellings do not affect abutting single-family home property values (see enclosed report). Additionally, Maplewood Code requires that each double dwelling proposal is to be reviewed by the Community Design Review Board to insure compatibility with the existing neighborhood housing stock. Another concern of neighboring property owners is that one or both sides of a double -dwelling will be a rental unit. Even though the present proposal is to create separate lots for each unit, if the units were to be rented, they would be regulated by the City's Rental Housing Maintenance Code. The third issue in this case is whether a variance should be granted to allow development in an unsewered-area. The intent of the Zoning Code, in calling for the availability of sanitary sewer for double -dwelling development, is to avoid overcrowding and possible malfunctioning of on -site sewage systems. This Code requirement should not be used to unreasonable restrict the development of double - dwellings where sanitary sewer is not readily available or cost -prohibitive to construct. In this case, extension of sanitary sewer would be double the normal cost, in terms of cost to affected properties, because only one side of the street can be assessed. Recommendation I. Approval of the requested variance to build a double -dwelling in an unsewered area, with the understanding that if sanitary sewer is extended in the future, connection must be made within one year. Approval is recommended on the basis that: _1. Strict enforcement of the Code would cause an undue hardship due to circumstances unique to the site.. 2. The proposal is consistent with the intent of City Code. 5 II. Approval of a rezoning from F, Farm Residence•to R-2, Residence District (Double Dwelling) at 750 East Viking Drive, on the basis that: 1. The proposal is consistent with the intent of the Land Use Plan. 2. The proposal would not substantially injure or detract from the use of adjoining properties. III.�.Conditional approval of a double -dwelling lot division at 75G-Z ast,Viking Drive, subject to: - 1. Council approval of a rezoning from F, Farm to R-2, Residential District (Double Dwelling). 2. A double dwelling being completed and the split line being located along the party wall, as determined by a land survey. 3. A perpetual on -site sewer maintenance easement is to be recorded to run with the land for the easterly lot. The City is to approve any easement agreement. 4. Compliance with the requirements of Section 1005.010 (11) of City Code. Enclosures: 1. Location Map 2. Property Line Map 3. Letter of Justification 4. Letter of Opposition 5. Coon Rapid's Sale Survey 6. Double Dwelling Location Map 2 LARK 4V A RD, to TA !ISKI L K c MT. VERNON AVE, QI F ,00 D AVE z 9 us 10 91 ff 23 fz rI L; z L 22 L G E RVA IS BURKE ZF I E AV K I L L M A N_IIAW— I ELywc,)D LA 'K w N NO 0 z IE Wl 0 60 L'i 0 L sc 0 2 c cs I,. a E L:- 0 ?a Y AV E. KING ��_AVE. 2O C; - PR ICE E AVE LARK All A �No LJO, 28 w' FRO T —Lokeµ�? Round Lake phalen ARNOLD TRIEMERT 1. LOCATION MAP PETITIONER ZONE CHANGE & LOT DIVISION REQUEST WTON AVE. V) 0 K FRiSlIE AVE ~[jjPLa [AlE D$O PH IA :�E w z D _j a LA A-P :> _N T I l L 30 ITIFIFT. .47 1 Jr rt - 62;21 C UN[EVELOPED ........... A.F,- -4 4i; Fl". -.-7 A �. requested zero lot line split *west Z completed and occuppied east z capped awaiting permission to finish 01 ARNOLD TRIE14ERT ,.-PETITIONER J ZONE CHANGE & LOT DIVISION REQUEST 41; - 2. PROPERTY LINE MAP Mr. Geoff Olson Maplewood, MN 55109 February 10, 1981 Page Two It w3uld be my pleasure to discuss this matter with you further should you so desire and I would in any event appreciate being advised of date set for public hearing and your recomrenda- tion submitted therewith. Very truly yours Pobert J. Travers RJT:ns C.C. Mr. Carl Pedro, Jr. SALES STUDY DONE BY THE COON RAPIDS ASSESSING DEPARTMENT: Do Apartments, Double Dwellings, or Home Occupations affect the values of adjacent Single -Dwelling homes? MARCH, 1980 4 Man; -times in the past the statement has been made by various peo prle that "If' -that double bungalow or that apartment or that home occupation is allowed it will have a detrimental effect on my property value.��More often than not this type of statement is made by the abutting property owner or the owner across the street and the immediate assumption is that the new proposed use will cause his property value to decline. In order to determine if the above statements were true, the Coon Rapids Assessing Department conducted some rather comprehensive sales studies to check the market behavior. In order to arrive at a meaningful conclusion, several guidelines were set as follows: I. All the sales that occurred in 1973 and 1979 were used. 2. All sales were compared to 1980 estimated market values. 3. Abutting properties for double bungalows, duplexes, and home occupations are defined as those properties along side, across the street and behind the subject property while in the apart- ment study all properties within 30 feet of the subject were used. 4. The abutting property sales and their ratios to our values were compared to similar but non -abutting property sales and their ratios to our values. 5. All comparables were to properties within the immediate area. 6. Identical homes are given the same base value, regardless of their proximity to apartments, doubles, or home occupations. On the following page is a summary of the comprehensive study outlining the number of subject properties in each study, the number of abutting properties, the total sales, the sales ratio of all sold properties to the market value estimated by the assessor for that type of home, and the corresponding sales ratio of abutting properties to the estimated market value. While individual areas may show a fluctuation of ratios especially when only one or two sales are involved, the composite overall difference is so small that the only conclusion that can be reached is that the presence of multiple dwellings does not affect the abutting property values as of this date. TYPE OF CASE Duplexes & Double Bungalows Apartments Home Occupations SALES RATIO OF ALL SOLD NO. OF NO. OF TOTAL PROPERTIES SUBJECT ABUTTING PROPERTIES TO ESTIMATED STUDIED PROPERTIES SOLD MARKET VALUE* 80 301 41 .991 SALES RATIO OF ABUTTING PROPERTIES TO ESTIMATED MARKET VALUE* .998 39 Est.200 60 .956 .964 21 194 18 1.014 .978 *Ratio of Assessor's Value/Actual Sales Price — - "MUNJC-IPALM OF, "I VAN �i w"V.gMI,. --- -- „^ MAPLEWO OD WNNFSOTA DEPAAM_ENT_0I F#�KwAPS t F 1 c US DEPARTMENT OP TRANSPC1gTAT1C)/1 \ I/�}r-••" _)�: ° nfr[11A1 NIC.ww'11i MwtYtsiTAT1fY+ swos pl__ tw IL Yr. il `"..] •—• TRANSPORTA110N AND TRANW f PLANMNG AND PROGRAMMING DTvLvom OMCE Or 'yam TR/1NSPORTAnON PLAmmNr ry (Pb 12 4 n `sue/• — d� T�, _tl/* c ��"'l;;` jll011.��� ysr•+�i. #,,,�J "�I_J�..w.�. 11e9M ,. L 13 LEGEND C V � _ . t c • IAQ_!1. ` ,• ..eur. - ` �S. i;i' •ti.11 { -� LJi � � 1;•. / N ..... ,r .. 14 r { , —AL (. ,�';� ' r `�`v� — �° r��' '�p..�L.. 15 - 11 �rW �y.•�1d u, '-i .. f.l ..,. .. r.i,, '') '.�i ' �.''' IiQQM. ��'F :may �t.t ...rd .�I',f „ � ;r�f., - '-)• ru..� w • , l6QN. k" 'h. �����` , ly i IR _ ro r .rl •yf.,.f.1 r r.l. •.... rn r, .rr ., .. 13 � +� —�r 1 19 AIM ItKk Mr r fy.r • � .. w'«. K L w MAP OF EXISTING DOUBLE DWELLINGS EXISTING DOUBLE DWELLINGS MAP KEY ADDRESS ZONING TYPE 1 1681 East County Road C �-2 2 = 2800-02 White Bear Avenue _T=2 3 2835-37 Frederick R-2 4 2512-14 Woodlyn R-2 5 571-3 East County Road B R-2 6 1110-20 Leland R-2 7 2607 Ariel Street (converted single) SUP 8 177-75 Larpenteur R-2 9 163-65 Larpenteur R-2 10 1712-14 Jackson R-2 11 1700-02 Jackson R-2 12 1724 Abel R-2 13 1710-12 Gurney ) R-2 14 1709-11 Gurney ) A R-2 15 1713-15 Gurney ) R-2 16-23 8 doubles on Bradley and ) Eldridge, north of Skillman ) B R-2 Units are split ) 24 486-88 Eldridge (see 16-23) SUP Unit is split 25 2049-51 DeSoto ) R-2 C 26 439-41 Skillman ) R-2 27 1731-33 Duluth - nonconforming ) D = 28 1745-47 Duluth ) fR-2 29 1899 Phalen Place - converted single 'SUP 30 1718 English R-2 31 1970-74 Dieter R-2 32 1945-47 Maryknoll R-2 33 2115 Hazelwood R-2 34 2116 Barclay-2 35 = 1474-76 Eldridge 'R-2 36 1894 Manton - nonconforming 37 1938-40 Clarence - nonconforming 38 1333-31 Larpenteur SUP 39 2176-78 Ripley R-2 40 1644 Myrtle - converted single dwelling SUP 41 1630 McKnight R-2 42 1197-99 Glendon - split ) Maple Greens PUD 43 2565-63 Geranium - split ) Maple Greens PUD 44 2599-97 Geranium - split ) E Maple Greens PUD 45 1165-69 Ferndale - split ) Maple Greens PUD 46 1111-13 Ferndale - split ) Maple Greens PUD 47 865 N. Century - addition to nonconforming SUP 48 964-966 McKnight South SUP _„ NOTICE OF PUBLIC HEARING FOR A CODE VARIANCE Zo The Haplewood Board of Adjustments and Appeals will conduct a public hearing on Thursday, May 7, 1981 at 8:15 P.M. in the Council Chambers of the Maplewood Municipal Building, 1380 Frost Avenue. PETITION INITIATOR: REQUEST: PROPERTY DESCRIBED AS: Arnold Triemert 750 East Viking Drive Maplewood, Minnesota 55117 A variance to permit the use of on -site sewage disposal facilities for a double dwelling. 750 East Viking Drive ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD NOTICE OF PUBLIC HEARING ZONE CHANGE Notice is hereby given that the Maplewood City Council will conduct a public hearing on Thursday, May 7, 1981 at 8:15 P.M. in the Council Chambers of the Maplewood Municipal Building located at 1380 Frost Avenue. The purpose of said hearing shall be for the City Council to consider all remarks regarding a petitioned change in zoning district classification filed by: APPLICANT: REQUESTED ZONING: EXISTING ZONING: PROPERTY DESCRIPTION: Arnold Triemert 750 East Viking Drive Maplewood, Minnesota 55117 R-2, Residence District (double dwelling) F, Farm Residence 750 East Viking Drive ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD MEMORANDUM TO: City Manager FROM: Public Works Coordinator DATE: April 29, 1981 SUBJECT: AWARD OF BIDS - TREE REMOVAL On April 21, the bids were received for the removal of diseased shade trees during the 1981 season. A tabulation of the bids is attached. In the past, the City has required the bidders to submit prices for each individual tree size between 6 inches in diameter and 54 inches in diameter in two inch increments. This has resulted in some cases where the removal cost would double even though the larger of the two trees was but two inches greater in diameter. In order to eliminate that sort of disparity, and for the sake of simplicity, all bidders were required to bid a single price for each inch of diameter of the tree to be removed. For purposes of comparison, last years average price per inch of diameter was $4.67. The low bidder, Clark Landscaping was the successful bidder in our 1979 Program, and performed satisfactorily. Award to Clark Landscaping is recommended. WCC/mn attach. ji ;�. - TABULATION OF BIDS Pursuant to due call and notice thereof, a special meeting of the officials designated for a bid opening by the City Council of Maplewood was convened at 2:00 P.M., C.S.T., Tuesday, April 21, 1981. The purpose of this meeting was to receive, open and publicly read aloud bids for Project 81-6, Removal of Diseased Shade Trees. Present were Robert Williamson and Peter Ganzel. Following the reading of the notice of advertisement for bids, the following bids were opened and read: BIDDER Clark Landscaping Bluemels Landscaping ARPS Tree Service Ceres Tree Service Midwest Stump Removal Haines Tree Service Woodchuck Tree Service TREE REMOVAL AND STUMP GRINDING PER INCH OF DIAMETER $ 4.35 $ 5.13 $ 5.49 $ 5.69 $ 5.95 $ 6.39 $ 6.45 All bids were accompanied by a bond or certified check in accordance with specifications. Pursuant to prior instruction of the Council, the City Clerk referred the bids received to the Director of Public Works instructing him to tabulate same and report with his recommendation at the regular City Council Meeting of May 7, 1981. Meeting adjourned at 2:20 P.M. AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Clark Landscaping in the amount of $4.35 per inch of diameter, is the lowest responsible bid for completion of Project 81-6, Removal of Diseased Shade Trees, 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. MEMORANDUM TO: City Manager FROM• Director of Public Works 0i DATE: April 30, 1981 SUBJECT• AWARD OF BIDS - SOUTHLAWN IMPROVEMENTS PROJECT 79-15 Bids will be opened on May 5, 1981 for this project. A bid tabulation and recommendation will be prepared to be presented at the Council Meeting. attach. KGH/mn LAIS, BANNIGAN & CIRESI, P. A. ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING STH AND CEDAR SAINT PAUL. MINNESOTA 55101 DONALD L. LAIS AREA CODE 612 JOHN F. BANNIGAN. JR 224.3781 JEROME D. CIRESI PATRICK J KELLY April 21, 1981 City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 Attention: Mr. Barry Evans Re: proposed Resolution re Feasibility Studies Dear Barry: Enclosed is the Resolution requested at the meeting of April 16, 1981. If you have any comments, please let me know. Very truly yours, S1,BANNIGAN & CIRESI, P.A. Donald L. La's DLL/me Enc. cc: Mr. Ken Haider Action Rejecter? Date RESOLUTION NO. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minnesota, as follows: WHEREAS, the cost of making feasibility studies for public improvements has steadily risen; and WHEREAS, the City can no longer pay for said feasibility studies from general funds collected under the tax levy limits; and WHEREAS, it is necessary that the City be reimbursed for the cost of such feasibility studies, IT IS HEREBY RESOLVED as follows: 1. That henceforth the City will not undertake or expend effort in completing a feasibility study except under the following terms and conditions: a) That an applicant or developer and/or the petitioners for a feasibility study pay to the City the full amount of the cost of such study as estimated by the City Engineer. b) That if the project is found to be not feasible or is not ordered by the City, the sum paid as in a) above shall be included as a cost of the overall project and the City may, at its option, upon sale of bonds for the project reimburse the party or parties having paid the funds or credit these funds to the overall cost of the project. BE IT FURTHER RESOLVED that this policy shall remain in effect from and after its formal adoption and until further action by the Council of the City of Maplewood. Adopted this day of April, 1981. ATTEST: Lucille A. Aurelius, Clerk ( S E A L ) a John Greavu, Mayor Y1 MEMORANDUM TO: City Manager FROM: Director of Public Works9AA DATE: April 30, 1981 SUBJECT: ONE -HOUR PARKING - ENGLISH STREET NORTH OF HIGHWAY 36 A representative from Truck Utilities has requested a one -hour parking restriction for the east side of English Street between Highway 36 and Gervais Avenue. Apparently, employees from the surrounding businesses park all day on the street. This prevents visitors from short term parking. The one -hour restriction would limit all day parking while allowing visitors adequate time to conduct business. The City does have a responsibility to control parking for safety purposes, however, the City has no responsibility to provide parking for commercial. property. The current standards for new proposals require commercial buildings to provide their own off street parking. Another concern as it relates specifically to the one - hour parking restriction is enforcement. Patroling a one - hour parking zone is time consuming. It requires a minimum of two stops at specific times by the patrol. Since this is a commercial area and in view of the enforcement problem, no action is recommended on this request. KGH/mn . J'2j M E M O R A N D U M TO: City Manager FROM: Director of Community Development SUBJECT: Special Exception for a Home Occupation LOCATION: 1700 Frank Street APPLICANT: Ron and Kathy Brown OWNER: P. R. Athinarayanan PROJECT: Steam Cleaning Business DATE: April 2, 1981 SUMMARY OF THE PROPOSAL Request Approval of a home occupation for a steam cleaning business. Proposed Land Use AOtion by CiOu.-YIC` 1 En," ^i Ec:-, Refer to the Applicant's letter for an explanation of the proposed use. BACKGROUND Site Description 1. Lot Size: 11,050 square feet 2. Existing Land Use: Single-family dwelling and garage presently for sale. The Applicant has an option to buy the house, but may continue renting if it is not sold to another party. Surrounding Land Uses The subject property is surrounded by single-family homes. Aaet Artinn 10-20-80: Council approved a home occupation for a similar service oriented business. This approval was for a window washing business on the corner of Elm Street and Kohlman Avenue. The Applicant, in this case, also only wanted to use his home as an office and to keep his supplies. Approval was subject to: 1. The applicant shall apply for a renewal of the home occupation permit after one year from the date of this approval, to determine if the business has caused any nuisance 2. There shall be no outdoor storage of equipment associated with the business, other than a pickup truck 3. All conditions of the Planning Commission guidelines for home occupations shall be met. IN DEPARTMENT CONSIDERATIONS Planning 1. Land Use Plan Designation: RL, Low Density Residential z 2. Zoning: R-1, Single -Dwelling Residential 3. Refer to the Planning Commission Subcommittee report on home occupations. CONCLUSION Analysis Criteria from the Planning Commission Subcommittee report: I� 1. The business would be conducted on a continuing basis. ;Cl 2. Only family members would be engaged in this business. 3. The use of the residence for the home occupation would be limited to one room for office use and the basement for storage of materials. 4. The Applicant is not proposing any change to the appearance of the house or property. 5. There would be no retail sales of products from the house. 6. This business would not generate any additional traffic. There would be no customers or deliveries coming to the house. occupation. 7. No equipment would be used at the house in regard to the home occu p 8. There would be no fire, safety, or health hazard created by this home occupation. Recommendation Approval of a one year permit for the proposed home steam cleaning business, subject to compliance with the criteria outlined in the enclosed Planning Commission Sub - Committee report. Enclosed: 1. Lacation Map 2. Property Line Map 3. Applicant's letter dated 3-19-81 4. Planning Commission Subcommittee report - 2 - -vois =-x�- ake V N W 0 Q U Ir 25 OURKE AV. 1 MONT d N �� �; ,•tw D U �i qw h26 3o1 ill �A KoAimc Loke GERVAIS AVE FE6 N Keller �I LARK AVE. Lake -- 45 Tr O ¢I LELAN �J� O A c JUN TION AVE. 28�� `\+\ 500 ` D 27 W J 2 Q ' Lake Round— »' Loke Pho/en f s <I Q11DEMONT JI AVE, ! t+IR`J7K A'✓E.��� C � W t LSE �� IMT -AYE 7­1rA VAIS GIA4DVIEWJ' A'✓F�JI SNERREN A --- -yam_ 1 ' _ A V Ei _ —.—_-- '� `. > LARK AVE LARK ;I E. P J LAURII E RD. = Q! L AU R:cjl je.='✓ "j r zJlavE. _1Uf IRKE � EIDRIDG � L4 {{rr U � ��IjDELMON 7 ¢ t VE I1SKILLWA N m �V o pYaw R RFROST U I �» N T 0 M AVE. N 1 e FRISBIE AVE. 1Q r ^^ RI?LET AVE. A� E LOCATION MAP P SO��l Q W 4 ► a ' ��� Wokelie/d Lake SOP avE L\ \ z z c z, )J PRt GJv E AV m AVE. nnnnnn�� ST. PAUL - �'1 R I P LE Y AVE.- t I 11 PROPERTY LINE MAP i- D T 1 L -',— 4c -The. f-j Fe o� bU-S+net s we i7uo t� b oecZa-�-►n orn oCthome ►S (x s ea' iL l e a ►'1, ✓� v C c� f cz tit c._ e 2 b u s (vl e 55 U-) %1 av e Yl o -P- vv> e e- ei 5 Vn l u s b O n d my-\ � t�1gn �o d.v C, woks K vves. wQ- �,v I b 2 i.� s ; t� o ►� e- ��� ctv - \I b P, Q Va C CuJitinle, MoatAN UJ-q }ian �o &o L-hts 6tis,neSS wo,F\Kinc� �►�yu�hF2� ql-�o►-,n 40-- SS wez� (je�> e,n dln� on rth� C)h u-s,e o«R h�i�z oiltl Pj°'� �►� the bU s;ness 1S �oR ��-,v,�e �s2, r2e �(o Keel �n c,.Ynd a, Ocjl�-Pl Lc.) Keep �Kee oR 5---eCLM I� ct Cl1 VI) Qh& -,t,4z &e-h'1tC0.kS LkSe-d. in bLi, 5iriesS . )Mo 0J-14e UkD+ �( b� 0-001in �o out hoes e cl 1 u o- S c-) - C) CU 5-L o ►' l e S �es.den�e and .tv a O the c �� � F:a►) I Vv t cue �+ I t hove- no 4eahoe...� to s wA4�e v o�R h0Lkse cj"�. Q-k ul aLlf r'1C-eSsC), tu_`� lies -�'�om ou.��5��+��-Lc�R 1 f-o2 �h� +, hie be�►� w� wi i I �ave r� o `i- � � o � c� (Iv ��Z`{-► Ss e ►�l `�- � � �I I� � � coo S UDhe.+r1 bU5rne-ss oft dr w+ �Ro1--)Lx_RQ- o Q - o 5 M a // . y �� �►� �h� ►�a►y and n uPn > c t S 'edui tea s5e aRC' �� a�e5`� � c�ris t e�i I vvt e- oct y _ 6�3 1 0.� 6 L' �, % v The Planning Commission concurs with the need for an appropriate definition of a home occupation. It is also felt that while certain occupations require'the issuance of a special use permit, other activities such as those that do not have any of the following should be allowed without a permit: 1. Employment of any person not residing in the dwelling unit 2. Customers visiting the premises 3. Manufacture of products on the premises. The Planning Commission proposes the following guidelines for a Home Occupation: Home Occupation requiring a permit is defined as that occupation conducted in a dwelling unit involving the manufacture and/or sale of a product or service, subject to the following limitations: 1. Is conducted on a continuing basis, that is, for more than 30 days out of the year. 2. Not more than one person other than members of the family residing on the premises shall be allowed to engage in such occupation. 3. The use of the premises for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and no more than an area equivalent to 20% of the dwelling unit floor area shall be used in the conduct of the home occupation. 4. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding twQ square feet in area, non -illuminated, and mounted flat against the wall of the principal building. 5. There shall be no retail sales of products produced off site in connection with such home occupation. 6. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and the need for off- street parking shall not exceed more than three off-street parking spaces for the home occupation at any given time in addition to the parking spaces required by the resident occupants; in no event shall such number of off-street parking spaces exceed a total of five such spaces for the premises and shall be off of the street other than in a required front yard. 7. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family residence, or outside the dwelling unit if conducted in other than a single family residence. In the case of electrical interference, no equip- ment or process shall be used which creates visual or audible =interference in any radio or television receivers off the premises, or causes=fluctuations in line voltage off the premises. 8. No fire, safety, or health hazard shall exist for the residents of the dwelling unit, customers, or employee. 7. COMMUNICATIONS 8. NEW BUSINESS A. 'Special Exception - 1700 Frank (Brown) Secretary Olson said the applicant is requesting approval of a home occupation for a steam cleaning business. Staff is recommending approval as outlined in their report. Chairman Axdahl asked if there was anyone present who wished to comment on the request. Commissioner Kishel asked what type of vehicles would be used in this business. The applicant said they are presently using their car, they do intend to purchase a small truck Commissioner Fischer moved the Planning Commission recommend the City Council approve a one year permit for the proposed home steam cleaning business, subject to compliance with the criteria outlined in the Planning Commission Subcommittee report. Commissioner Whitcomb seconded Ayes - all. B. Rezoning - Woodlynn and McKnight (Nettleton) Secretary Olson said the applicant is requesting to rezone a 7.67 acre tract from F, Farm Residence District to R-3, Multiple Dwelling Residential. Staff is recommending approval of the request. The applicant was present and indicated he had nothing to add to the staff report. Commissioner Ellefson moved the Planning Commission recommend to the City Council approval of the requested zone change from F, Farm Residence to R-3, Multiple based on the finding that the proposed zoning is consistent with the Land Use Plan. Commissioner Kishel seconded Ayes - all. C. Mining Permit - Hazelwood and Beam (Korstad) Secretary Olson said the applicant is requesting approval of a special use permit to allow the continued excavation and grading of a 66 acre site to an elevation of one foot above the elevation of Beam and Hazelwood Avenues. _Staff is recommending approval as outlined in their report. Commissioner Barrett asked if there would be restrictions-pn the hours of operation. Secretary Olson said the Mining Ordinance restricts the hours from 7 A.M. to 7 P.M. Commissioner Pellish asked how long it would take to remove the fill from the site. Mr. Korstad said he thought it would be completed within two years. CTf 3 MEMORANDUM TO: City Manager FROM: Director of Community Development = SUBJECT: Planning Commission's Role in the Review of Revenue Notes DATE: April 23, 1981 The following motion was adopted by the Planning Commission at their meeting of April 20, 1981: in view of the revenue note criteria most recently adopted by the City Council, it is suggested that the Planning Commission be relieved of its review role in the process. The present criteria are so broad that it is felt there is no need for Planning Commission input and the inordinate amount of time spent by the Planning Commission on these matters is no longer justified under these conditions. If the Council continues to feel that issuance of these bonds is appropriate and a continued use of this vehicle will be allowed by the legislature and congress, then unless there is a change in the criteria which impact directly upon the planning process, it is recommended that the Planning Commission be spared this time consuming review of revenue notes because the present criteria are so broad. l 1 1 j - J _ 9 t j� 04 4 Y { MUNICIPAL BUILDIN 2100 Radio Drive *Woodbury, Minnesota _ 739.-5972 _ :;0 OD B"'U RY April 27, 1981 . Z. ,c+i-o Y vi Mr. Barry Evans, City Manager Maplewood City Hall 1380 Frost Avenue Maplewood, Minnesota 55109 Dear Mr. Evans: At a public hearing held by the Woodbury City Council on April 22, 1981 the Council considered lake use controls for lakes located totally within the city as well as Carver Lake which, although primarily in Woodbury, does have a portion of it located in Maplewood. Attached for your review is a copy of the ordinance adopted by the City Council banning motors powered by gasoline or other petroleum products on Carver Lake and allowing only canoes, sailboats, boats powered by electric motors or other similar non - motorized craft. Prior to consideration of this ordinance notices were sent to all Woodbury residents who own property on Carver Lake. The regulations of the Minnesota Department of Natural Resources require that in instances where a lake lies in more than one community both communities must agree to the regulations imposed. Our primary reason in implementing this ordinance is two -fold. First, it represents an attempt to provide for a safe boating environment. Carver Lake, as well as the other lakes located totally within Woodbury, is not large enough to support a high concentration of gasoline powered engines. Secondly, it represents an attempt to protect the water quality. I would appreciate it if you would place this matter on a future city council agenda for council consideration. I recognize that the issue could eventually be very volital, particularly with those folks who presently live on the lake and own a motor boat. We have had very strong support from two major land owners on the north side of Carver Lake requesting that the ordinance be adopted banning gasoline powered boats. If the Maplewood City Council concurs with the prohibition of gas powered motors the ordinance would have to be transmitted to the Department of Natural Resources for their approval. If your City Council does not concur with the recommendation for adoption of the ordinance the issue will be presented to the Commissioner of the Department of Natural Resources for his study and determination. I-f you would like to discuss this matter further please feel free to contract me. Co Tally, mes V. Lacina City Administrator ejl Enclosures ORDINANCE NO. 807 1 CONTROL OF USES OF CARVER LAKE AN ORDINANCE FOR THE CONTROL OF USES FOR CARVER LAKE IN THE CITY OF WOODBURY, COUNTY OF WASHINGTON AND THE CITY OF MAPLEWOOD, COUNTY OF RAMSEY. THE CITY COUNCIL OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MIPNESOTA DOES ORDAIN: 807.01 General Provisions A. This ordinance has been enacted to govern certain activities of the public during their use and enjoyment o-f Carver Lake so as to further the safety, health, enjoyment and welfare of all persons in the use thereof, and to protect public waters and resources. B. Definitions 1. Public waters - shall mean and refer to Carver Lake as identified by the Minnesota Department of Natural Resources, 82-166. C. Construction and Scope In the interpretation of this ordinance, all provisions contained herein shall be construed as follows: 1. Any term in the singular shall also mean the plural. 2. Any term in the masculine shall also mean the feminine. 3. Any requirement or prohibition by any provision herein, shall respectively extend to and include the causing, procuring, aiding or abetting, directly or indirectly, of such acts; and the permitting or allowing of any minor by the responsible parent, guardian, or custodian to commit any such act. 807.02 Boating No person shall operate a motorboat (as defined in M.SA 361.02 Subdivision 8) on Carver Lake. Those watercraft propelled by electric motors shall be exempt from this provision. No watercraft shall be launched from any publicly owned land except where a public access boat launch has been designated by the city. Any watercraft on Carver Lake shall be operated in a safe and reasonable manner. 807.03 Aircraft J No aircraft shall fly over any public waters at suchii7a low altitude as to interfere with the existing use of Carver Lake for boating, bathing or other recreation use of said water. No aircraft shall land on public waters except in the case of a "forced landing". ORDINANCE NO. 807 (continued) 807.04 Enforcement Not withstanding anything herein to the contrary, the Woodbury Police Department shall be authorized and entitled to enforce the provisions of said ordinance. 807.05 Penalties for Violation A. Regulations in this Part 1. Any person violating any of the provisions of this ordinance, shall be adjudged guilty of a misdemeanor and on conviction thereof shall be subject to a fine not in excess of $500.00 or to imprisonment not in excess of 90 days in jail or both. In addition, any person convicted of violation of any portion of this ordinance may forfeit his right to use Carver Lake for a period of 30 days. 2. Any person violating any of the provisions of this ordinance may be expelled, ejected or ousted at such time from Carver Lake at the discretion of the law enforcement officer. 3. Authorized resource management emergency and enforcement personnel, when acting in the performance of their assigned duties, shall be exempt from the requirements of this ordinance. B. Separability The provisions of this ordinance shall be separable, and the invalidity of any section, paragraph, subparagraph, subdivision or. -other part thereof shall not make void, impair, invalidate or affect the remainder thereof. C. Effective Date This ordinance shall be in full force and effect from and after its passage and publication as provided by law. - 2 -