HomeMy WebLinkAbout1994 06-27 City Council PacketAGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, June 27 1994
Council Chambers, Municipal Building
Meeting No. 94 -13
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL .CALL
D. APPROVAL OF MINUTES
1. Minutes of Council /Manager Workshop, June 6, 1994
2. Minutes of Meeting 94 -12 (June 13, 1994)
E. APPROVAL OF AGENDA
EA, PRESENTATIONS
1. Donation from Oakdale South Maplewood Lions Club
F. CONSENT.AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City
Council and w i l l be enacted by one motion. There w i l l be no separate discussion on these
items. If a member of the City Council wishes to discuss an item, that item will be
removed from the Consent Agenda and will be considered separately.
1
2.
30
4.
5,
6.
7,
8.
9.
10.
11.
12.
13.
Approval of Claims
Second Quarter Payments - 1994 Contract with Parkside and East County Line Fire
Departments
Budget Transfer - 1994 Wage Increases
Ambulance Bill - Application for Cancellation (Troje)
Ambulance Bill - Application for Cancellation (Mosher)
Ambulance B i l l - Application for Cancellation (Taverna)
H.R.A. Reappointment
Conditional Use Permit Review: 831 No. Century Avenue
Conditional Use Permit Review: 2425 White Bear Avenue
Community Center Positions Salaries
Council Meeting Playback Schedule
Permission to Trap Beavers
Irrigation System for Hazelwood Park
(Dege Garden Center)
(Redeeming Love Church)
G. PUBLIC HEARINGS
1. 7:00 P.M.: Home Occupation, 2269 Teakwood Court (Hendricks)
2. 7:15 P.M.: Improvement 93 -02, TH61 Frontage Roads (4 votes)
30 7:30 P.M.: Home Occupation, 1652 Lakewood Drive (Kimball)_
4. 7045 P.M.: Schroeder Milk Company, Inc. (2080 Rice Street)
Conditional Use Permit
Parking Reduction
Building Design, Site, Sign and Landscape Plan
5. 8:00 P.M.: Phalen Lake Townhomes
Land Use Plan (4 votes)
Zoning Map Changes (4 votes)
Preliminary Plat
H. AWARD OF BIDS
NONE
I. _UNFINISHED BUSINESS
1. Sterling Street, Larpenteur to Holloway
2, Feasibility Study, East Shore Drive Storm Sewer, Project 94 -06
3. Cable Franchise Renewal
J. NEW BUSINESS
1. Renewal of Insurance Policies
2. Proposal for-Study of Recreation Fees
3, Community Center Furnishings Package #2
4. Commission Appointment Process
K. VISITOR PRESENTATIONS
L. COUNCIL PRESENTATIONS
Mo ADMINISTRATIVE PRESENTATIONS
1. Open Space Progress
2.
No ADJOURNMENT
�R
CITY COl1NCILJMANAGER WORKSHOP
OF THE
CITY COUNCIL OF THE CITY OF MAPLEWOOD
5:00 p.m., Monday, June 6, 1994
Maplewood -Room, City. Hall
MINUTES
A. CALL TO ORDER
The Council /Manager meeting of the Maplewood City Council was held in the Maplewood Room,
City Hall: - - -T -he - meeting was called to order by Acting Mayor Rossbach at 5:00 p.m.
B. ROLL CALL
Mayor Gary Bastian
Councilmember Sherry Allenspach
Councilperson Dale Carlson
Councilperson Mary Koppen
Councilperson George Rossbach
Others Present:
City Manager Michael McGuire
Assistant City Manager Gretchen Maglich
Community Center Manager Tom Eastman
C. APPROVAL OF AGENDA
The following item was added to the. agenda:
H. OTHER BUSINESS
Present (Arrived at 5:05 p.m.)
Present
Present
Present
Present
1. Burning Permit
Councilmember Carlson moved that the agenda, be approved as amended. The motion was
seconded by Councilmember Allenspach and was approved.
Ayes: Allenspach, Carlson, Koppen, and Rossbach
Absent: Bastian
1
t:
Mayor Bastian arrived at 5:05 p.m.
D ARCHITECT /CONSTRUCTION MANAGER'S QUARTERLY UPDATE .ON COMMUNITY
CENTER
Marianne Repp from the architectural firm of AKRW, and. Dick Gunderson and Ned Dripps from the
construction management firm of McGough Construction Co. were present at the meeting. Ms.
Repp presented copies of the Quarterly Update on the project stating that A &P's contract is 71 %
complete, Doody Mechanical is 86% complete, and Hunt Electric is 72% complete. There was
some discussion about alarming the building through the remainder of the construction phase.
Staff stated that Change Order #3, burying the NSF lines on white Bear Avenue and four other
.items regarding this project will be presented to the City Council at their June 13 meeting.
Mr. Bill Bruen, the City's fire contract negotiator, arrived at the meeting at 5:30 p.m.
Representatives from AKRW and McGough and Mr. Eastman left the meeting at 5:32 p.m.
E. FIRE DEPARTMENT UPDATE
City Manager McGuire reported that he and Mr. Bruen met with Parkside Fire Department
representatives for a negotiating session. A summary of that meeting was part of the Council's
agenda packet. Mr. Bruen explained the fixed and variable costs formula used in negotiation and
.reported that the Parkside Department responds to 21 % of the City's fire /medical calls but is
requesting 28% of the annual fire department budget. After considerable discussion, the City
Council directed Mr. McGuire and Mr. Bruen to explore other options with Parkside including
freezing their annual payments at the 1993 level and working towards a municipal department over
the next three years; freezing the annual payments at the 1993 level and over the next five years
bringing all of the departments to a common expenditure level based on the percentage of calls
they service; and beginning negotiations with East County. Line Fire Department.
P. PLANNING COMMISSION - COMMERCIAL PROPERTY STUDY
Members of the Maplewood Planning Commission present were Will Rossbach, Roger Anitzberger,
Les Axdahl, Mary Martin, Lorraine Fischer, Gary Gerke, Jack Frost, Marvin Sigmundik, Kevin
IKittridge, Director of Community Development Geoff Olson, and Associate Planner Ken Roberts.
Commissioner Will Rossbach presented the nine recommendations of the Commercial Property
Study. It was the consensus of the City Council that the Planning Commission study intensities of
commercial land uses and ways to categorize and regulate development based on that intensity of
use.
Mayor Bastian left the meeting at 6:55 p.m.
Members of the Planning Commission left the meeting at 7:05 p.m.
2
G. OTHER BUSINESS
1. Burning Permits
Councilmember Rossbach stated that he would like staff to investigate other ways of
issuing or handling burning permits. Mr. Rossbach stated that he would P dace this
item on the agenda at the June 13 meeting.
g
H. ADJOURNMENT
The meeting was adjourned at 7:20 p.m.
3
MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, June 13, 1994
Council Chambers, Municipal Building
Meeting No. 94 -12
A.. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building, and was called to order at 7:00 P.M. by Acting Mayor
Rossbach,
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Gary W. Bastian, Mayor
George F. Rossbach, Acting Mayor
Sherry Allenspach, Councilmember
Dale H. Carlson, Councilmember
Marvin C. Koppen, Councilmember
D. APPROVAL OF MINUTES
Absent due to his attendance at I.S.D.
622' Blue Ribbon Committee Meeting
Present
Present
Present
Present
1. Minutes of Special Meeting of.May 9, 1994
Councilmember Carlson moved to approve the minutes of Special Meeting of May
94 1994 as presented.
Seconded by Councilmember Allenspach Ayes - all
2. Minutes of Meeting 94 -10 (May 9, 1994)
Councilmember Carlson moved to approve the minutes of Meeting No. 94 -10 (May
9,_1994) as corrected:
Page 19 - 9 (b)
Seconded by Councilmember Koppen Ayes - all
3. Minutes of Meeting 94 -11 (May 23, 1994)
Councilmember Allenspach moved to approve the minutes of Meeting No* 94 -11
,(May 23, 1994) as.correctedo
Page 15 - Remove "Gladstone ".
Seconded by Councilmember Koppen
Ayes - all
6 -13 -94 1
E. APPROVAL OF AGENDA
Councilmember Carlson moved to. approve the Agenda as amended.
M -2 July Council /Manager Meeting
M -3 Closed Session "Litigation
Se conded by Councilmember Koppen Ayes - all
EA. PRESENTATIONS
F. CONSENT AGENDA
Councilmember Carlson moved, seconded by Councilmember Koape. n ; ayes all
to app rove the consent a ends items F -1 thru F -7 as recommended.
1. Approval of Claims
Approved the following claims.
ACCOUNTS PAYABLE. $ 398
184,729.93
$ 582
PAYROLL: $ 216
$ 4.3,188.92
� 217
$_ 49,371.52
$ 526
$ 1 2 109 2 377,57
Checks # 2489 - # 2580
Dated 5 -12 -94 thru 5 -31 -94
Checks #13703- #13862
Dated 6- 13 -94.
Total per attached voucher /check
register
Payroll Checks #40608 thru #40778
Dated 5 -20 -94
Payroll Deduction Checks # 40783 thru
#40798 dated 5 -20 -94
Payroll Checks #40810 thru #40984
Dated 6 -03 -94
Payroll Deduction Checks # 40989 thru
#41005 dated 6 -03 -94
Total Payroll
GRAND TOTAL
2. Preliminary Plat Time Extension: Oak Ridge Estates
Approved a one -year time extension for Phases 2 -4 of the Oak Ridge Estates
preliminary plat subject to the February 8, 1993 conditions.
3. Time Extension: 1522 Sherren Ave. (Ericksen)
Approved a 30 -day time extension for completing the house - moving work at
1522 Sherren Avenue East.
I
6 -13 -94 2
4. CDBG Agreement
r�
94 - 06 - 57
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City of Maplewood has participated in the Community
Development Block Grant program in the past and may wish to in the future;
and,
WHEREAS, the City supports the designation of Ramsey County as an
entitlement agency.
NOW, THEREFORE, BE IT RESOLVED that the City of Maplewood approves the
joint cooperation agreement with Ramsey County.
Requested that the County Board agree to adopt a distribution system for
CDGB money that a majority of Ramsey County suburbs have approved.
59 V.E.M. Budget Adjustment.- Heavy Duty Lift
Approved authorization to advertise for bids, and to authorize a budget
adjustment of up to $50,000 from the VEM fund to the VEM budget.
6. Gambling Permit: Hill Murray Fathers Club, Inc.
94 - 06 - 58
APPROVING CHARITABLE GAMBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that
the remises permit t for lawful gambling is approved for Hill-Murray Fathers'
P
'Club, Inc. to be located at Champps, 1734 Adolphus Street.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said permit
application as being in compliance with Minn. Statutes No. 349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City
Council of Maplewood, Minnesota, be forwarded to the Gambling Control
Division for their approval.
7. agreement: MN Dept. of Public Safety
94- 06 -58A
RESOLUTION AUTHORIZING AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
PERTAINING TO LIQUOR ENFORCEMENT
WHEREAS, it i the desire of the City Council to protect public health,
safety, and welfare through enforcement of ordinances and state statutes
pertaining to the sale of liquor; and
WHEREAS, the Minnesota Department of Public Safety, through its "Badges
in Busi nesses" Program will provide financial resources to the City to carry
out this enforcement.
6 -13 -94 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood, Minnesota that the Mayor and City Manager are authorized and
hereby directed to enter an agreement with the Minnesota Department of
Public Safety to participate in its "Badges in Businesses" Program.
G. PUBLIC HEARINGS
19 7:00 P. M.: Legislative Update
Representative Betty McCallum - 55B
Representative Mindy Greiling - 54B
Representative Mark Asch - 57B
a. The above named State Representatives presented legislative updates.
b. The Council thanked them for taking an active interest in Maplewood.
2. 7:15 (7:1$ P.M.) P.M.e Searle Street Storm Sewer, Project 93 -14 (4 Votes
a. Acting Mayor Rossbach convened the meeting for a public hearing
regarding the construction of the Searle Street Storm Sewer, City
Project 93 -14.
b. Manager McGuire presented the staff report.
c. City Attorney Kelly explained the procedure for public hearings.
d. Director of Public Works Haider presented the specifics of the report.
e. Acting Mayor Rossbach opened the public hearing, calling for proponents
or opponents. The following persons were heard:
Toya Farrar -Orr, 2226 Searle Street No.
Dennis Johnson, 2223 Payne Avenue
Joy Orr, 2226 Searle Street No.
Les Axdahl, 2209 Payne Avenue
f. Acting Mayor Rossbach closed the public hearing.
g. Councilmember Carlson introduced the following ,Resolut,ion and moved its
adoption
94 -06 -59
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, after due notice of public hearing on the construction of the Searle
Street Storm Sewer, City Project 93 -14, a hearing on said improvement in accordance
with the notice duly given was duly held on June 13, 1994, and the Council has heard
all persons desiring to be heard on the matter and has fully considered the same*
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota, as
follows:
a
6 -13 -94 4
1. That it is advisable, expedient and necessary that the City of Maplewood
construct the Searle Street Storm Sewer, City Project 93 -14, as
described in the notice of hearing thereof, and orders the same to be
made.
2. The City Engineer is designated engineer for this improvement and is
hereby directed to prepare final plans and specifications for the making
of said improvement.
30 The Finance Director is hereby authorized to make the financial
transfers necessary to implement the financing, plan for the project.
Seconded by Councilmember Koppen Ayes - all
3. 7:30 P.M. (7:40 P.M.): Sterling St. /Schaller Dr., Project 93 -08 (4 Votes)
a. Acting Mayor Rossbach convened the meeting for a public hearing
regarding the construction of street, sanitary sewer, water main, storm
drainage, and appurtenances on Sterling Street and Schaller Drive, City
Project 93 -08.
b.. Manager McGuire presented the staff report.
c. Director of Public Works Haider presented the specifics of the report.
d. Acting Mayor Rossbach opened the public hearing, calling for proponents
or opponents. The following persons were heard:
Al Jirovec, 2480 Linwood
Bill Dolan, representing owner of property
Kathleen Juenemann, 721 Mt. Vernon Street
Pete Rowan, 873 O'Day Street So.
Steve Quayle, 2563 Schaller Drive
Bill Finch, 2512 Schaller Drive
e. Acting Mayor Rossbach closed the public hearing.
f. Acting Mayor Rossbach introduced the ,following Resolution and moved its
adoRtion
94 - 06 - 60
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, after due notice of public hearing ont he construction of street,
sanitary sewer, water main, storm drainage, and appurtenances on Sterling Street and
Schaller Drive, City Project 93 -08, a hearing on said improvement in accordance with
the notice duly given was duly held on June 13, 1994, and the Council has heard all
persons desiring to be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota, as
follows:
1. That it is advisable, expedient and necessary that the City of Maplewood
construct street, sanitary sewer, water main, storm drainage, and
appurtenances on Sterling Street and Schaller Drive, City Project 93 -08,
as described in the notice of hearing thereof, and orders the same to be
made.
6 -13 -94 5
2 . The City Engineer is designated engineer for t h i s improvement and i s
y
hereby directed to prepare final plans and specifications for the making
of said improvement.
3. The Finance Director is hereby authorized to make the financial
transfers necessary to implement the financing plan for the project.
Seconded by Councilmember Carlson Ayes - all
4. 8.:00 P.M. (8:03 P.M.): Highway 61, South of Co. Rd. D (Lacktorin)
a. Acting Mayor Rossbach convened the meeting for a public hearing
regarding a used motor vehicle sales lot.
b. - Manager McGuire presented the staff report.
co Director of Community Development Olson presented the specifics of the
report.
do Acting Mayor Rossbach opened the public hearing, calling for proponents
or opponents. No one was heard.
e. Acting Mayor Rossbach closed the public hearing.
Conditional Use Permit
f., Councilmember Koppen introduced the following, Resolution and moved its
adoption.
94 - 06 - 61
CONDITIONAL USE PERMIT
WHEREAS, Clarence Lacktorin applied for a conditional use permit to
develop a used motor vehicle sales lot.
WHEREAS, this permit applies to part of the property about 590 feet
north of 2990 Highway 61. The legal description is:
Registered Land Survey No. 262, except the south 590 feet; Tract C.
WHEREAS, the history of this conditional use permit is as follows:
1. On May 16, 1994, the Planning Commission recommended that the
City Council approve this permit.
2. On June 13, 1994, the City Council held a public hearing. City
staff published a notice in the paper and sent notices to the
surrounding property owners. The Council gave everyone at the
hearing a chance to speak and present written statements. The
Council also considered reports and recommendations of the City
staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above -
described conditional use permit, because:
6 -13 -94 6
1. The use would be located, designed, maintained, constructed and
operated to be in. conformity with the City's Comprehensive Plan
and Code of Ordinances.
2. The use would not change the existing or planned character of
the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials,
equipment or methods of operation that would be dangerous,
hazardous, detrimental, disturbing or cause a nuisance to any
person or property, because of excessive noise, glare, smoke,
dust, odor, fumes, water or air pollution, drainage, water run-
off, vibration, general unsightliness, electrical interference
or other ' n u i s ances .
5. The use would generate only minimal vehicular traffic on local
streets and would not create traffic congestion or unsafe access
on existing or proposed streets.
6. The use would be served by adequate public facilities and
services, including streets, police and fire protection,
drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public
facilities or services.
8. Thz.- use would maximize the preservation of and incorporate the
s i te' s natural and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions.
1. All construction shall follow the site plan approved by the
City. The Director of Community Development may approve minor
changes, including driveway changes. The lot may be expanded to
fifty spaces with the Community Design Review Board's approval.
2. The City Council will review this permit in 90 days.
3. If there is not enough parking, the operator or property owner
shall provide more spaces. The City staff must approve a plan
before paving begins.
4, The operator shall not allow parking on Highway 61 or outside of
the parking lot.
5. The operator shall keep the weeds and tall grass cut along the
front property line.
Seconded by Acting Mayor Rossbach Ayes - Councilmembers Allenspach, Koppen,
Rossbach
Nays - Councilmember Carlson
6 -13 -94 7
Sprinkler Variance
g. Councilmember Koppen introduced the following Resol; tion and.moved its
adoption:
94 - 06 - 62
VARIANCE RESOLUTION
WHEREAS, Clarence Lacktori n applied for a variance from the Zoning ordinance.
WHEREAS, this variance applies to a part of a property that is about 590 feet
north of 2990 Highway 61. The legal description is:
Registered Land Survey No. 262, except the south 590 feet; Tract C
WHEREAS, Section 36- 28(c)(9) of the Maplewood Code of Ordinances requires an
inground lawn irrigation system for all commercial development.
WHEREAS, the applicant is proposing not to install such a system.
WHEREAS, the history of this variance is as follows.
1. On May 7, 1994, the Planning Commission recommended that the City
Council approve the variance.
2. On June 13 1994, the City Council held a public hearing. City staff
published a notice in the Maplewood Review and sent notices to the
It surrounding property owners as required by law. The Council gave
everyone at the hearing an opportunity to speak and present written
statements. The Council also considered reports and recommendations
from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
variance for the following reasons:
1. Strict enforcement of the Code would cause undue hardship, because:
(a) The City is not providing this property with public water
service.
(b) Constructing a water main would be prohibitively expensive.
2. The lack of water main is a circumstance unique to the property, not
created by the applicant.
3. If the operator hand waters the landscaping, the variance would meet the
spirit and intent of the ordinance.
Approval is subject to the property owner:
1. Replacing any required landscaping that dies.
2. Installing a lawn irrigation system when the City installs a water main
t0 this property.
Seconded by Acting Mayor Rossbach Ayes - Counci lmembers Al 1 enspach, Koppen,
Rossbach
Nays - Councilmember Carlson
6 -13 -94 8
Paving Variance
h. Councilmember Koppen introduced the following Resolution and moved its
adoption:
94 06 - 63
VARIANCE RESOLUTION
WHEREAS, Clarence Lacktorin applied for three variances from the zoning
ordinance.
WHEREAS, these variances apply to a part of a property that is about 590 feet
north of 2990 Highway 61. The legal description is
Registered Land Survey No. 262, except the south 590 feet; Tract .0
.WHEREAS, Section 36 -22(c) of the Maplewood Code of Ordinances requires continuous
concrete curbing surrounding any parking lot with more than 12 spaces.
WHEREAS, Section 36 -22(e) of the Maplewood Code of Ordinances requires parking
lots to have a bituminous or concrete surface and single - striped spaces.
WHEREAS, the applicant is proposing a parking lot with no pavement, curbing or
striping.
WHEREAS, the history of these variances is as follows.
1. On May 16, 1994, the Planning Commission recommended that the City
Council approve the variance.
2, On June 13, 1994, the City Council held a public hearing. City staff
published a notice in the Maplewood Review and sent notices to the
surrounding property owners. The Council gave everyone at the hearing
an opportunity to speak and present written statements. The Council
also considered reports and recommendations from the City staff and
Planning Commission,
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described
variance for the following reasons:
a. Strict enforcement of the Code would cause the applicant undue hardship,
because he is not sure he will get any business.
b. The variances are only temporary.
Approval is subject to the paving and striping of. the parking lot
within 90 days after starting the business. If the lot is over
twelve spaces, continuous concrete curbing must be installed.
Seconded by Acting Mayor Rossbach Ayes - Councilmembers A1lenspach, Koppen,
Rossbach
Nays - Councilmember Carlson
6 -13 -94 9
Site Plan
i . Council member Koppen moved to Approve the site pl an as.. shove
9. 1994 staff report. This app roval reoui res that the appl i
1. Repeat this review in two years if the use has not started.
2. The following must be completed before selling vehicles from
this site:
a. Install site- security lights.
b. Plant at least as much landscaping as Carnival Play
Systems and Backyard Building Systems planted. Before
planting, give a landscaping plan to the City staff for
their approval.
c. Stripe the parking spaces when the lot is paved (Code
requirement) . Before paving, submit a striping plan to
the City staff for their approval.
d. If the parking lot will have more than twelve spaces,
install continuous concrete curbing when the lot is
paved. (Code requirement.)
e. Pave the parking lot and drive 90 days after starting
the business. The parking lot shall be at least fifteen
4 feet from the Highway 61 right -of -way or five feet from
an interior property line.
f. Get a driveway permit from MnDOT.
Seconded by Acting Mayor Rossbach
5. 8 :20 P.M.: Oakridge Estates South
11:
Ayes - Counci 1 members Al1enspach, Koppen,
Rossbach
Nays - Councilmember Carlson
a. Acting Mayor Rossbach convened the meeting for a public hearing
regarding Gonyea Company's proposal to develop lots for 21 homes.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Rossbach presented the Planning Commission Report.
e. Acti ng Mayor Rossbach opened the public hearing, calling for proponents
or opponents. The following persons were heard:
Larry Olson, Engineer of the project
Dennis Gonyea, Developer
Kathleen Juenemann, 721 Mt. Vernon St.
f. Acting Mayor Rossbach closed the public hearing.
6 -13 -94 10
Land Use Plan Change (4 Votes)
g. Councilmember Koppen introduced the follow ag�Resolut on and moved its
� adoption:
94 - 06 - 64
LAND USE PLAN CHANGE
WHEREAS, Dennis Gonyea applied for a change to the City's land use plan. This
change is from R -2 (single and double dwellings) and R -3(M) (residential medium
density) to R -1 (single dwellings).
WHEREAS, thi s change appl i es to the undevel oped property on Lakewood Dri ve north
of Maryland Avenue.
WHEREAS, the history of this change is as follows:
1. The Planning Commission held a public hearing on May 16, 1994. The City
staff published a hearing notice in the Maplewood Review and sent
notices to the surrounding property owners. The Planning Commission
gave everyone at the hearing a chance to speak and present written
statements. The Planning Commission recommended that the City Council
approve the plan amendment.
2. The City Council discussed the plan amendment on June 13, 1994. They
. considered reports and recommendations from the Planning Commission and
City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
change for the following reasons.
1. The developer is proposing to develop the site for single dwellings.
2. This change would reduce the allowable density and traffic from this
site.
Seconded by Councilmember Allenspach Ayes - all
Zoning Map Change (4 Votes)
h. Councilmember Koppen introduced the following Resolution and moved=
adoption.
94 -06 -65
ZONING MAP CHANGE
WHEREAS, Dennis Gonyea applied for a change in the zoning map from R -2 (single
and double dwellings) and R -3 (multiple dwellings) to R -1 (single dwellings).
WHEREAS, this change applies to the undeveloped property on Lakewood Drive north
of Maryland Avenue. The legal description is:
All that part of SW 1/4 of the SW 1/4 of Section 24, Township 29, Range 22,
lying southerly of a straight line from the northeast corner of Said SW 1/4
of the SW 1/4 to a point on the west line of said Section 24 which is
distant 450 feet south of the southerly line of the 100 foot right -of -way of
the Chicago, Saint Paul, Minneapolis and Omaha Railroad, said southerly l i n e
6 -13 -94 11
being a line drawn parallel with and distant 56 feet southeasterly, as
measured at right angles, from the center l i n e of the main track of said
railroad, as originally located and established; except the south 503 11/13
feet thereof and except the west 690 feet thereof and the northerly 15 feet
of the west 690 feet of the SW 1/4 of the SW 1/4, Section 24, Township 29,
Range 22, lying south of the line described above.
WHEREAS, the history of this change is as follows:
1. On May 16, 1994, the Planning Commission recommended that the City
council.approve the change.
2. The City Council held a public hearing on June 13, 1994. City staff
published a notice in the Maplewood Review and sent notices to the
surrounding property owners as required by law. The Council gave
everyone at the hearing an opportunity to speak and present written
statements. The Council also co..sidered reports and recommendations
from the City staff and Planning Commission.
NOW, THEREFORE,. BE IT RESOLVED that the City Council approve the above-described
change in the zoning map for the following reasons
10 The proposed change is consistent with the spirit, purpose and intent of
the zoning code.
2. The proposed change w i l l not substantially injure or detract from the
use of neighboring property or from the character of the neighborhood,
and that the use of the property adjacent to the area included in the
proposed change or plan is adequately safeguarded.
3. Ir The proposed change w i l l ser a the best interests and conveniences of
the community, where applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical,
efficient, and economical extension of public services and facilities,
such as public water, sewers, police and fire protection and schools.
5. The proposed change would conform to the proposed land use plan change
and proposed development.
Seconded by Councilmember Allenspach Ayes - all
Preliminary Plat
i. Councilmember Koppen moved to approve the Oakridqe Estates South
reliminar lat received by-the City on March 2 1994. This approval
requires that first the developer complete the following conditions:
1. Sign an agreement with the city that guarantees that the
developer or contractor will.
a. Complete all grading, public improvements and meet all
City requirements.
b. Place temporary orange safety fencing and signs at the
grading limits.
6 -13 -94 12
c. Have NSP install streetlights in two locations,
primarily at street intersections. The exact location
and type of lights shall be subject to the City
Engineer's approval
2. The developer shall complete all grading for public improvements
and overall site drainage. The City Engineer shall include in
the developer's agreement any grading that the developer or
contractor has not completed before final plat approval.
3. Have the City Engineer approve final construction and
engineering plans. These plans shall include: grading , utility,
drainage, erosion control, tree and street plans. These plans
shall meet the following conditions:
a. The erosion control plans shall be consistent with the
Ramsey Soil and Water Conservation District Erosion and
Sediment Control handbook.
b.. The grading plan shall
(1) Include proposed building pad elevation and
contour information for each home site.
(2) Include contour information for the area that
the street construction will disturb.
4. Record covenants or deed restrictions with the final plat that:
a. Require the builders of the houses on Lots 1 and 2.
Block 2, to install driveway turn - arounds when the
driveways are constructed.
b. Prohibit driveways on Lots 1, 15, 16 and 19, Block 1,
from going onto Lakewood Drive.
c. Describe how the owners of Lots 1 and 2, Block 2, will
maintain the common service line. The developer shall
prepare t h i s agreement, subject to the City staff's
approval. The developer shall record this agreement
with the final plat.
5. The final plat shall have drainage and utility easements along
all property lines. These easements shall be ten feet wide
along the front and rear property lines and five feet wide along
the side property lines.
6. Change Hawthorne Avenue to Myrtle Street and change Hawthorne
Court to Tilsen Avenue.
7. If they will accept it, deed the fifteen -foot strip of land
north of 1262 McKnight Road to the owners of 1262 McKnight Road.
8. If they will accept it, deed the private road easement between
the site and Maryland Avenue to the underlying property owner.
9. Curve the Hawthorne Court cul -de -sac north to maximize the lot
depth for Lots 15 and 16. The developer shall submit a revised
plan to the Director of Community Development for his approval.
6 -13 -94 13
If the developer decides to final plat part of the preliminary plat
the City may waive any conditions that do not apply to the final
plat.
Seconded by Councilmember Allenspach Ayes - all
H. AWARD, OF BIDS
1. Community Center Furnishings
a. Manager McGuire presented the staff report.
b. Councilmember Carlson introduced the following Resolution . and moved its
adopt on
94 -06 -66
AWARD OF BID
BE IT RESOLVED by the City Council of Maplewood, Minnesota that the bid of P.M.
Johnson's int he amount of $101,705.25 is the lowest responsible bid for the
specified furniture items for the Community Center. The Mayor and City Manager are
hereby authorized and directed to enter into a contract.with said bidder for and on
behalf of the City.
Seconded by Councilmember Koppen Ayes - all
I. UNFINISHED BUSINESS
1. Cable TV Discussion
a. Acting Mayor Rossbach moved to table. this item until the next Council
Meeting on June 27, .1994.
Seconded by Councilmember Koppen Ayes - all
J. NEW BUSINESS .
1. final Plat: Kohlman Lake - Overfiook No. 5
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
report.
c. Acting Mayor Rossbach asked if anyone wished to speak before the Council
regarding this matter. The following person was heard:
Frank Frattalone, Developer
d. Councilmember Koppen moved to approve the Kohlman Lake Overlook Number
5 final plat subject to the following conditions:
1. Outlot A being combined with the parcel to the east.
2. Mr. Frattalone becoming the sole owner of Outlot A.
Seconded by Acting Mayor Rossbach Ayes - all
6 -13 -94 14
2. Schroeder Milk Co., Inc.
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
report
c. Councilmember Carlson moved to table this item until the next Council
Meeting on June 27, 199410
Seconded by Councilmember Allenspach Ayes - Councilmembers Allenspach,
Carlson, Rossbach
Nays - Councilmember Koppen
3, Feasibility Study, TH61 Frontage Roads, Project 93 -02
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
d. Councilmember Carlson introduced the following resolution and moved its
adoption.:
94 -06 -67
e CALLING FOR PUBLIC HEARING
WHEREAS, the City Council for the City of Maplewood has held a public hearing
with reference to the improvement of Trunk Highway 61 Frontage Roads, City Project
93 -02, by construction of bituminous street, concrete curb and gutter, storm sewer,
and miscellaneous improvements, and
WHEREAS, pursuant to Resolution 93- 05 -70, the City Council ordered the
improvement herein described, and
WHEREAS, in excess of one year's time has elapsed since the ordering of the
improvement and a contract has not been let for the improvement, and
WHEREAS, the scope of the improvement has been reduced from the original
feasibility report.-
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota, as
follows:
1. The City Council accepts that the proposed improvement on Trunk Highway
61 Frontage Roads, City Project 93 -02, by construction of bituminous
street, concrete curb and gutter, storm sewer, and miscellaneous
improvements is still feasible and should best be made as revised, per
the Assistant City Engineer's recommendation.
2. The Council will consider the aforesaid improvement in accordance with
the reports and the assessment of benefited property for all or a
portion of the cost of the improvement according to MSA Chapter 429, at
an estimated total cost of the improvement of $668,250.
3. A public hearing will be held in the Council Chambers of the City Hall
at 1830 East County Road B on Monday, the 27th day of June, 1994, at
6 -13 -94 15
7:15 p.m. to consider said improvement. The City Clerk shall give
mailed and p ublished ntoice of said hearing and improvement as required
by law.
Seconded by Councilmember Koppen Ayes - all
4. Elm Street and County Road C Intersection
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
C. Acting Mayor Rossbach asked if anyone wished to speak before the Counci 1
regarding this matter. The following persons were heard:
Ron Brzinski, 1358 Kohlman Avenue
Ralph Sletten, 2747 North Clarence Street
George Rossbach, Councilmember
d Acting Mayor Rossbach moved that Elm Street be moved six feet to west of
its location on June 13, 19940
Seconded by Councilmember Allenspach Ayes - all
5. Community Center /City Hall Trail Extension: Document Approval and Authorization to
Advertise for Bids
a.. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report.
c. Councilmember Carlson moved to approve the
MnDOT for formal review, adverti sing, and acceptance of „bids.
Seconded by Councilmember Koppen Ayes - all
6. Contract for Community Center /City Hall Trail Extension
a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report.
c. Councilmember Carlson introduced the following Resolution and moved its
adoption.
94 - 06 - 68
DIRECTING MODIFICATION OF EXISTING DESIGN CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction ' of a City -owned community center, Community Center Project, and has let
a contract for the design of the trail extension from City Hall and the Community
Center to the Gateway Trail segment of the DNR Trail; and
WHEREAS, the City requested changes in the trail design to accommodate additional
1 andscapi ng and 1 i ghti ng, el ectri cal rough -i n, and suppl ementary engi neeri ng servi ces
for extra soils from the Community Center site; and
6 -13 -94 16
L WHEREAS, it is now necessary and expedient that said design contract be modified
and designated as Trail Project Design Change Order 1 to allow the additional design
work.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota that
.Mayor and, City Manager are hereby authorized and directed to modify the existing
contract by executing said Change Order 1 in an amount of $3,400.
The contract is amended per the following detail.
.Current Contract $12,000 plus reimbursables
Change Order 1 3.400
Amended Contract $15,400 plus reimbursables
Seconded by Councilmember Koppen Ayes - all
7. Community Center Change Order - Construction Testing Contract
a. Manager McGuire presented the staff report.
b. Councilmember Carlson introduced the following Resolution and moved its
adoption:
94 - 06 - 69
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION TESTING CONTRACT
WHEREAS, the City Council of Mapel wood, Minnesota has heretofore ordered the
construction of a City -owned community center, Community Center Project, and has let
a contract for the construction observation and testing servi ces. wi th Braun Intertec;
and
WHEREAS, the contract with Braun Intertec contains unti prices for the
construction observation and testing services; and
WHEREAS, Braun Intertec has been instructed to conduct additional professional
services on the Community Center Project; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project Construction Testing Change Order 1 to allow
the additional recommended services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota that
the Mayor and City Manager are hereby authorized and directed to modify the existing
contract with Braun Intertec by executing said Change Order 1 in an amount of
$11,276.
The contract is amended per the following detail:
Current Contract $35,000
Change Order 1 11,276
Amended Contract $46,276
Seconded by Councilmember Koppen Ayes - all
6 -13 -94 17
8s Community Center Contingency Request Noe 3 - Construction Contracts
a. Manager McGuire presented the staff report.
b. Councilmember Carlson introduced the following Resolution and moved its
ado tion:
94 - 06 - 70
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction of a City- owned community center, Community Center Project, and has let
a contract for the grading and site utilities; and
WHEREAS, field changes were required during the driveway utility work; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project Grading and Soils Corrections Change Order 4
to allow the necessary changes in the utility work.
NOW, THEREFORE., BE IT RESOLVED by the City Council of Maplewood, Minnesota that
the Mayor and City Clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order 4 in an amount of $1,854.
The contract is amended per the following detail.
Current Contract $280,382
Proposed Change Order 4 1,854
Amended Contract X282,236
Seconded by Councilmember Allenspach Ayes - all
C. Councilmember Carlson introduced the following Resolution and moved is
adoption:
94 - 06 - 71
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction of a City -owned community center, Community Center Project, and has let
a contract with Hunt Electric; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project Hunt Electric Change Order 3 to allow the
recommended changes in design.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota that
the Mayor and City Clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order 3 in an amount of $33,891.
6 -13 -94 18
The contract is amended per the following detail°
11
Current Contract $945,815
Proposed Change Order 3 33-a8,91
Amended Contract $979,706
Seconded by Councilmember Allenspach Ayes - all
d. Councilmember Carlson introduced the following Resolution and moved is
adoption:
94 -06 -72
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction of a City -owned community center, Community Center Project, and has let
a contract with Adolfson & Peterson for general construction; and
WHEREAS, changes to a variety of structural features in the building required
additional carpentry, added insulation over sanitary sewer, and structural bracing
were necessary to make for the integrity of the facility; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project A &P Change Order 4 to allow the recommended
changes in design.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota that
the Mayor and City Clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order 4 in an amount of $21,122.
The contract is amended per the following detail:
Current Contract $5,470
Proposed Change Order 4 21,122
Amended Contract $5,491,338
Seconded by Councilmember Allenspach Ayes - all
e. Councilmember Carlson introduced the fol l owi ng_Resolution and moved its
adoption:
94 - 06 - 73
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction of a City -owned community center, Community Center Project, and has let
a contract with Doody Mechanical, Inc.; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project Doody Mechanical Change Order 3 to allow the
recommended changes in design.
NOW, THEREFORE, BE IT RESOLVED by-the City Council of Maplewood, Minnesota that
the Mayor and City Clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order 3 in an amount of $2,386.11.
6 -13 -94 19
The contract is amended per the following details
Current Contract $2,124,530.00
Proposed Change Order 3 .2386.18
Amended Contract $2,126,916.18
Seconded by Councilmember A1lenspach Ayes - all
9. Cormnunity Center Contingency Request - NSP Lines
a. Manager McGuire presented the staff report.
b. Acting Mayor Rossbach moved to approve. the burial_ of the electrical
lines on White Bear Avenue and direct the Mayor and City Manager to
ter into an agreement with Northern States Power to bury the lines
using $46,80.0 of Community Center ProJect contingency construction
funds.
Seconded by Councilmember Carlson Ayes - all
K. VISITOR PRESENTATIONS
1. Keith Libby, 1197 So. Century Avenue
a. Mr. Libby stated that Mr. Valiukas has not signed the agreement
regarding the combined driveway issue but yet he received a driveway
permit.
b. Staff to investigate.
2. Gerald Morgan, 1472 Myrtle Court
Mr. Morgan stated the Open Space Committee did a great job and he hopes the
Council will proceed without delay to purchase the property that was
evaluated and rated before the property is developed.
3. Lucy Paschke, McKnight Road
Ms. Paschke read a letter written in 1855 by an American Indian to President
Washington.
4. Greg Juenemann, 721 Mt. Vernon Avenue
Mr. Juenemann, original member of the Open Space Committee, presented his
comments regarding the purchase of the portion of the Oak Ridge Proposal.
5. Ron Williamson
Mr. Williamson is concerned about the delay in* purchasing open space
especially portions of "Witch Woods ".
6. Kathleen Juenemann, 721 Mt. Vernon Avenue
Mrs. Juenemann questioned what the problem was regarding purchasing of open
space property.
6 -13 -94 20
7. Janet Grant, 1709 McKnight Lane
a. Ms. Grant questioned what was happening to the property just north of
the Maplewood Townhomes.
b. Council stated the owners of that property are not interested in open
space.
8. Sandra Van Erp, 1748 No. McKnight Road
Mrs. Van Erp reported on damage to townh0mes by construction. Concrete
damage was caused by high water table.
L. COUNCIL PRESENTATIONS
M. ADMINISTRATIVE PRESENTATIONS
1. open Space Progress
City Manager McGuire stated appraisals are being completed on several
properties and will be submitted to the Council.
2. July Council /Manager Meeting.
a. Manager McGuire stated the July Council /Manager Meeting is scheduled for
July 4th and that is a holiday.
b. x Acting Mayor Rossbach moved to cancel the July Council/Manager Meeting.
Seconded by Councilmember Koppen Ayes - all
3. Closed Session "Litigation"
Acting Mayor Rossbach moved to recess the meeting to go into closed session
to discuss litigation at 10:30 P.M.
Acting Mayor Rossbach moved to reconvene the meeting at 10:45 P.M.
Councilmember Carlson moved to direct attorney to negotiate.
Seconded by Councilmember Koppen Ayes - all
N. ADJOURNMENT
MEETING ADJOURNED AT 10:47 P.M.
Lucille E Aurelius
City Clerk
6 -13 -94 21
EA- I
TO:
City Manager
FROM:
Pauline Staples, Acting
SUBJ:
Acceptance of Donation
DATE:
June 20, 1994
INTRODUCTION
MEMORANDUM
Parks and Recreation Director vo
Action by Council:
Endorsed
Modified.�. M..,...�..�.
ReJ ecte
Dat
Maplewood Parks and Recreation Department presented a plan to the Oakdale -
South Maplewood Lions Club requesting financial assistance to construct a picnic
shelter at Vista Hills Park located at 2480 Mailand.
DISCUSSION
The Oakdale -South Maplewood Lions Club approved the plan presented to them
on June 16, 1994, and agreed to donate the sum of $14,000.00 to purchase the
picnic shelter, pay for installation and purchase picnic tables for the shelter.
The shelter will be place on the upper section of Vista Hills Park, 2480 Mailand.
The President of the Oakdale - South Maplewood Lions Club, Randy Bastyr, would
like to present this check to Mayor Bastian at the City Council Meeting on June 27,
1994.
RECOMMENDATION
Is recommended that City Council accept the donation of $14,000.00 from the
Oakdale - South Maplewood Lions Club and place this into Park Development Fund
Budget - 403 - 811 -3803.
AGENDA NO. F -1
AGENDA REPORT
TO:
City Manager
FROM:
Finance Director
RE:
APPROVAL OF CLAIMS
DATE:
June 17, 1994
It is recommended that the Council approve payment of the following claims:
ACCOUNTS PAYABLE:
$ 545 Checks # 2581 thru # 2653
Dated 6 -1 -94 thru 6 -15 -94
$ ; 29,468 45 Checks # 13872 thru # 14062
Dated 6 -27 -94
$ 1 Total Accounts Payable
PAYROLL
$ 221 Payroll Checks # 41016 thru # 41188
Dated 6 -17 -94
48,605_ .89 Payroll Deduction check # 41193 thru
# 41208 Dated 6 -17 -94
$ 270 Total Payroll
$ 1.745, 054.43 GRAND TOTAL
Attached is a detailed listing of these claims.
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000 1
EMPLOYEE GROSS EARNINGS AND PAYROLL.DEDUCTION CHECKS
FOR THE
CURRENT PAY PERIOD
• I
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CHECK NUMBER
CHECK DATED
PAYEE
AMOUNT
i
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004 10 18
06/17/94
SHERRY ALLENSPACH
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06/17/94
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2 000, 67
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0E,/ 17/94
MICHAEL A McGUIRE
3
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06/ 17/ 94
RICH H#�N SLEBE
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ALANA K MA 1 HE Y S
11 322, 80
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004 1 '039
06/17/94
CAROLE J ANDERSON
787,21
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06/17/94
JUDY DeBILZAN
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06/17/94
BETTY D SEC VOG
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CITY OF MAPLEWOOD
GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS
FOR THE CURRENT PAY PERIOD
CHECK DA-rED
PAYEE
PATRICIA FRY
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751.46
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06/17/94
CONNIE L KELSEY
926.91
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0041046
06/17/94
BONNIE JOHNSON
556,42
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06/17/94
�R�J��
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0041049
06/17/94
JEANETTE E CARLE
1 195.77
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0041051
06 1 *7 94
MARY KAY PALANK
1 141 20
004 1052
06/ 17/94
KENNETH V COLLINS
2 504. 14
au
004 054
06/17/94
JOANNE M SVENDSEN
1
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0041057
06/17/94
ANTHONY GCAHANES
2,158~06
06/17/94
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'06/17/94
DONALD W SKALMAN
-�
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w6/17/94
u+xuL NELSON
1
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06/17/94
SCOTT L S!
004 1 064
0E,/ 17/94
JOHN J BANICK
1 938, 04
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40 .
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06/17/94
RICHARD M MOESCHTER
1 690 00
0041067
06/17/94
LAURA ST, GEORGE
923. 16
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DAVID ��
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•
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0041
06/17/94
WILLIAM F PEL TIER
2 074. 53
1
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06/17/94
.JOHN E RASA. R
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J 7 I CHif f l �D J LANG
31 516,o 00
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0041075
06/17/94
MICHAEL RYAN
2 1 190 78
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06 �! 1 7 / 4
MICHAEL J E BERT
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PAUL EVE
57
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0041079
06/17/94
KEVIN JOHNSON
1 034. so
3 fi 94
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•
j
,,J'
!« „ 1061
06/ 17/94
GREGORY L S T AF NE
-)04 1082
06/17/94
RONALD D BECKER
69o, oo
li T*9
i :S' T T� - T -- .�...
._- • ... r ♦• •.• j i d J
1 - ^
«�f « }' .ir f� } 1
f �.f J.
iY' ilr... " �Ot..�l "s } {...s
.7. +} i?�r..f
s3;
00
6 / 17/94
'STEPPE sJ HEINZ
1 , 85
_. '
� « }� » �41 }_ 88
06/17/94
.JOHN E RASA. R
1
r�
14
Yi i "'i"_t`
T"�T"y
t � J
0104 1 0 0
06
GAI BE R E ON
64,
1
;._ ".'i
ry e
.. ..�'�".f_- [.. "
} i �• }•f) •t }_t t L..l DOW� T,L !.•.
Imo'
0041093
06/17/94
STEVEN PALMA
08 1 . 0 4
«} }�y . }��'
};:} •Y 17 f 94
PAUL EVE
57
i
1 J - —
1^
- -- --
..i" --
`G iS...TTr"'�
_,�'— «TT..TTTIi—�T�..i�
J v ;
°'
►« 0410 6
06/17/94
JOSEPH E RGE RC N
f ��
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS
[� FOR THE CURRENT PAY PERIOD
,
'r �--------
CHECK NUMBER CHECK DATED PAYEE
4b
'
.�
0041097 06/17/94 JAMES MEEHAN-
��.
-. .. ' ~.~~ ~~' ~ ' ~ 4 ~~., '' MELL
AMOUNT
'
2,006.52
.�`
�
..
.~
N� ^
r,
0041121
1,315.60
0041123 06/17/94 RONALD L FREBERG
1,363.81
JOHN SCHMOOCK
0
0041099
06/17/94
JAMES M EMBERTSON
1,839.17
0041100
06/17/94
DUANE J WILLIAMS
1
�
`}
^
""'^''��
"'"°=' `- "A"^`°-
^'�=�^
|'
/
0041102
06/17/94
JULIE A STAFINKE
1,486.35
� !
0041103
06/1 ' ' ��
��" ` ` " "" ` �``
^, 4 2m 04
| ,---
H 04 0_6 17 94
LINDA ADELSON
5,m -96
( 00411 0E
°"~ 17 ^ ~—
WALTER E'` L." ' E', ' .
^
0041108
06/17/94
JILL PETERS
774,2).-)
|
y�.
0041111
06/17/94
KENNETH G HAIDER
2,504.14
.�
.��
0041112
06/ 17/94
JUDY M CHLEBECK
1 302. 80
'.
0041114
06/17/94
GERALD W MEYER
1, 351 . 69
��.
0041115
06/17/94
MICHAEL R KANE
1
"=, ^ ', =-,
^
0041117
06/17/94
DAVID P LUTZ
1
0041118
06/17/94
JAMES DARST
1,152.16
..,/
.�`
�
..
.~
N� ^
r,
0041121
1,315.60
0041123 06/17/94 RONALD L FREBERG
1,363.81
JOHN SCHMOOCK
0
4V �
�
�
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS
FOR THE CURRENT PAY PERIOD
CHECK DATED
PAYEE
-----------
0041124
06/17/94
TODD ZACK
AMOUNT
'
475.92
,
0041126
06/17/94
JAMES G ELIAG
1,565.20
�
.�.
� !
0041 127
06/17/94
RUSS MATTHYS
1, 649. 43
1��E�}�EA G—'
'
0041129
06/17/94
DENNIS L PECK
1 , 565 . 20
|`a�-----
�
-----
0041130
-�
06/17/94
WILLIAM PRIEBE
1, 509. 2{)
.`o.
,*
J6 1/94
-WALT
004 11. 32
06/17/94
THERESA METZ
1 33c), 60
C -41133
06/17/94
JOHN R LOFGREN
1 318" 80
.��
~4
�~^~ ~ ~'~.~-',
-, ___' ._
0041135
06/17/94
BARBARA A KRUMME'
10041
06/ 17/94
PAULINE S _ES
RGORAN
1 38
06/17/94
SANDRA LEARNED
0O
VARK
'
.
0041141
06/17/94
MICHAEL GRAF
396 00
0041142
06/17/94
ROBERT S ANDERSON
291, 6'.-)
0041 144
06/ 17/94
ROLAND B HELEY
-)6/17/94
SHANE SWANSON
60, 00
0041 147
06/17/94
JAMES SCHINDELDECKER
1 270,72-#
.�
0041148
06/17/94
MATTHEW KIMLINGER
525.00
..,^^ 4 ~
___ .. --..._
��
—
0041150
06/17/94
GARY HINNENKAMP
916.40
'
CITY OF MAPLEWOOD
0006
EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS
FOR
THE CURRENT PAY PERIOD
�.
�
CHECK NUMBER
CHECK DATED
PAYEE
AMOUNT
|
0041151
06/17/94
MICHAEL LAVAQUE
9l6.40
r
- -
' |
-
0041153
'
06/17/94
RAYMOND GERNER
30.90
'
0041154
06/17/94
JANET M GREW HAYMAN
705.40
`!
�.�
! �
0041 156
06/17/94
LUTHER JONES
83. 20
0041 157
06/17/94
MARGARET KUNDE
156. 00
| /
0041159
06/17/94
JUDITH A HORSNELL
g12.52
z '
uw
��
``'^^~.
,~ , ^. ' ~ '
A ~ ''�'~''^',~~,,
�,~~ '~ ',
TA -MAGY-
�w
�d
0041162
06/17/94
KATHLEEN M ��RTy
1,2�.40
�~
a
0041163
06/17/94
MARIE BARTA
1, 165. 99
�l
`
|`a
0041165
06/17/94
NANCY MISKELL
609~27
°"4^ ^""
06/17/94 ' ' ^4
^"' "E L L^ , ^``""'"``
664.72
2
0041
06/17/94
KENNETH ROBERTS
1 700,, 25
~0-11 ~~
06/1 ' ' ~_
''~~'~" " �'~~' '`~~'
^' ' ~`^~'
46
T ROM
4w
�
'~a
0041171
06/17/94
NICHOLAS N CARVER
1,518.80
ww
/^
0041172
06/17/94
ROBERT J WENGER
1
-' -'
'
'=`!---
0041174
06/17/94
JOLAINE OLSON
G.63
*�
0041175
08/17/94
ANGELA RADEMACHER
70. 00
- 06/17/
i
0041 177
06/17/94
DOUGLAS J TAUBMAN
1, 620. 31
^�
0041198VOID
06/17/94'
�
UNITED WAY OF ST. PAUL AREA
15g.80
0(__)41199VOID
06/ 17/94
COMMERCIAL LIFE I NSLJ RANCE
CITY OF MApLEWOOD
' 0007
'
EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS
FOR THE
CURRENT PAY PERIOD
�^
.`
! �
CHECK NUMBER
CHECK DATED
PAYEE
AMOUNT
C�12� �
�|
��� 2725
676.45
!^.
0041 178
06/17/94
THOMAS E EASTMAN
1, 650. 71
m
!a
- �
0041204
06/17/94
METRO SUPERVISORY ASSOC
18 .00
.�
''.--.-
--
�
.s
004 1180
06/17/94
EDWARD A NADEAU
1,610.97
's!
0041181
06/17/94
KEVIN HALWEG, JR
475.92
| /z
.`^
i
'.
0041163
06/ 1 7/94
DAVID D B EDSON
1
0041184
06/17/94
DAVID GERMAIN
1,312.40
17/94 ~4
~^~ ~`~ ~ ' ' ' ^~_ HIM ^-- `
w^
i�
J041186
06/17/94
GEORGE C Srt-
v�
�^
nw
TA (FICA)
10 315a BE
0'-__)41190 VOID
06/17/94
PUBLIC EMP RETIREMENT f`,SSOC
5 -453%. 64
v�
n�
0041192 VOID
06/17/94
MN STATE COMM OF REVENUE
199, 69
(0 4 119 3
06/17/94
ICMA RETIREMENT IFRUST457
8 117, 31
�
0041195VOID
06/17/94
CITY OF MAPLEWOOD (HCMA)
4,437.35
!d
004119 6 ��
06/ 17/94
MN STATE RETI REMENT SYSTEM
4, 739. 37
�
0041198VOID
06/17/94'
�
UNITED WAY OF ST. PAUL AREA
15g.80
0(__)41199VOID
06/ 17/94
COMMERCIAL LIFE I NSLJ RANCE
239. 70
St
�^
004 1201 ��
06� 17/94
MN. MUTUAL LIFE INS. 19-3988
963. 00
`
C�12� �
06/17/�
��� 2725
676.45
'.
94
AFSCME 2725
- �
0041204
06/17/94
METRO SUPERVISORY ASSOC
18 .00
a
CITY OF MAPLEWOOD
EMPLOYEE
GROSS EARr,,41,NGS
AND PAYROLL DEDUCTION CHECK.S
FOR
THE CURRENI" PAY PER.IOD
CHECK NUMBER
CHECK DAT P
A01OUNT
0f_ } }_ } 5 {`�
0 6/17/94
MN BENEFIT ASSOCIATION
599a77
ET- i' _
_�_ }r _ r ••-•r r
94
".t �.�. _ �.. },�.�.
r• r-
0041 207 VOID
06/17/94
PLJBL I C EMP RETIREMENT ASSOC
6 388* o 1
0041206
06/i7/94
GREA T WEST LIFE
180, 00
_ - - --
- }t �' -1 -�*- -- D— __
_ " �
4=4 �,�.�-T- --fl- .' 0 �=A F
.. `�-��
0041 VOID
06/17/94
PL JDL I C EMP RETIREMENT ASSOC
5 7 7 5.
VOID
f - )6/17/ 1 34
PUBL #'r P #�;E 1 ��C�:.���.#'�.� I A SSOC
� 35 a 54
i
i • E P I s E T - 1 . ✓iw. I J E N T ` c... C• L.l _
- -_ ... • .1.w' �..�' �... �► - .
y
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^ 1
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' l am .
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.'J
AGENDA F IN*
AGENDA R,G PORT
Acti by V (� a �. �.
Endorsed,,.,„
' Ci Manager Modifi
Re J ected,.,
.FROM: Pi nance .director bat e
RE: SECOND QUARTER PAYMENPS -- 1994 CONTRACTS WITH
P.ART{SIDDE AND KAST COUNTY LINE Fl kE DEPARTMPNTS
DATL: June 13, 1994
The second quarter fire _ department payments are _ague _ at the -end of
June and as you know the 1 99.E and 1994 contract have not been
finalized for Parkside and East County Line .Fire Departments,
Therefore it is recommended that the s quarter payments be
based upon the amounts in the 1992 contracts.
c:\wp5I\agn\fira0694
AGENDA NO. F r �
AGENDA REPORT
TO: City Manager
FROM: Finance Director
RE: BUDGET TRANSIFER e 1994 WAGE INCREASES
DATE: June 17, 1994
Action by Councily
Endorsedf..,,
Modified „
ReJected
Date
The 1994 ]Budget includes amounts in the contingency accounts to finance the wage increases
granted to bargaining units after the budget was adopted. Several changes are needed in the
budget at this time to finance the non -union wage increases approved 12 -27 -93 and to adjust
for wage cost decreases due to employee turnover.
It is recommended that the Council approve the transfer of the following amounts between
the contingency accounts and the appropriate wage accounts in the funds listed:
To General Fund contingency ($46,310)
From Hydrant Charge Fund contingency 350
To Sewer Fund contingency (350)
From Data Processing Fund contingency 2,410
Amounts with brackets are transfers to contingency accounts. Amounts without brackets are
transfers from contingency accounts. The total of these is a net transfer to the contingency
accounts of $43,900.
W:\agn\wagebud.94
AGENDA NO. /` .,4/
Action, by Council :.
AGENDA REPORT Endorsed
Modified...
Re J ecte -
Date
TO: City Manager
FROM: Finance Director
RE: AMBULANCE BILL - APPLICATION FOR CANCELLATION
(JEANETTE TROJE)
DATE: June 7, 1994
An application for cancellation of an ambulance bill has been received from Jeanette
Troj e. On February 7, 1994, she was transported to United Hospital. The original bill
was $446.50. Medicare will be paying approximately $252.77. The remaining balance
will be approximately $193.73.
The application is attached for the Council's review.
lz
Attachment
AMB \CANCEL.AGN
APPLICATION FOR CANCELLATION OF
PARAMEDIC AMBULANCE SERVICE CHARGES
R
NAME OF APPLICANT.
ADDRESS OF APPLICANT.*
C I T Y: STATE : ZIP . •
PATIENT'S NAME
DATE OF SERVICE.
AMOUNT OF CHARGES REQUESTED TO BE CANCELLED: d�
R71. OR REQUEST - CHECK ONE:
Financial Hardship (fill out reverse side ) :
2. Other:
I certify that the income information I have supplied on this application
is true and accurate. I also certify that the amount of the charges requested
to be cancelled are not covered by Medical assistance, worker's compensation,
Medicare, health insurance or auto insurance.
Signed: `� Date:
L y
INCOME INFORMATION
"INCOME" means any amount received from the following sources by any Resident:
• Any Public Assistance, including but • Salaries, including commissions, bonuses,
not limited to Welfare, AFDC, SSI, and overtime pay and tips
Unemployment Compensation
• Pensions and Annuities, including PERA
and Social Security
• Estate or Trust income
• Gain from the sale of property or
securities
VA Educational Grants
• Interest and Dividends
• Rental income
• Business Profit--for self - employed
individuals, including Farmers
• Payments received from properties being
sold on Contrac for Deed
List all residents of your household. Include yourself. Include their ages and their incomes (if any):
1) Income listed should include all income which your household can reasonable expect to receive during the next
12 months.
2) "RESIDENT" means any person, other than a renter, living in the household for at least 9 months of the year,
or a person who is claimed as a dependent for income tax purposes.
NAME OF AGE OF INCOME OF
RESIDENT RESIDENT RESIDENT
(per month)
7-3
SOURCE OF INCOME
(including employer's address, if applicable)
5
r
i
t
� t
TOTAL INCOME: �� vG per month= 0
'S'�per year
AGENDA NO.
TO City Manager
AGENDA REPORT
FROM: Finance Director
Aotion by Councilz
Endorsed
Modified_.,
ReJ ecte
Date
RE: AMBULANCE BILL - APPLICATION FOR CANC TION
(DONNA Me MOSHER)
DATE, May 10, 1994
An application for cancellation of an ambulance bill has been received from Donna
Mosher. On September 1, 1993 she was transported to St. John's Hospital. The
original bill was $414.80. Medica paid $331.84, and there is a remaining balance of
$82.96.
The application for cancellation and related correspondence are attached for the
Council's review.
lz
Attachments
ANMCANCELIAGN
APPLICATION FOR CANCELLATION OF
PARAMEDIC AMBULANCE SERVICE CHARGES
NAME OF APPLICANT: � o �'l � � M to S
ADDRESS OF APPLICANT: C k o
(7
CITY: STATE: � ZIP:
A/ 09
PATIENT'S NAME:
DATE OF SERVICE: q_ 11q W7 .
AMOUNT OF CHARGES REQUESTED TO BE CANCELLED: —�•� .
REASON FOR REQUEST - CHECK ONE:
I. Financial Hardship (fill out reverse side):.
2. Other:
I certify that the income information I have supplied on t h i s application
is true and accurate. I also certify that the amount of the charges requested
to be cancelled are not covered by Medical assistance, worker's compensation,
Medicare, health insurance or auto insurance.
Signed:
Date: � � /
INCOME INFORMATION
"INCOME" means any amount received from the following sources by any Resident:
• Any Public Assistance, including but • Salaries, including commissions, bonuses,
not limited to Welfare, AFDC, SSI, and overtime pay and tips
Unemployment Compensation
• Interest and Dividends
• Pensions and Annuities, including PERA
and Social Security • Rental income
• Estate or Trust income • Busi Profit- -for self - employed
individuals, including Farmers
• Gain from the sale of property or
securities • Payments received from properties being
sold on Contracts for Deed
• VA Educational Grants
List all residents of your household. Include yourself. Include their ages and theair incomes (if any):
1) Income listed should include all income which your household can reasonable expect to receive during the next
12 months.
2) "RESIDENT" means any person, other than a renter, living in the household for at least 9 months of the year,
or a person who is claimed as a dependent for income tax purposes.
NAME OF AGE Of INCOME OF
RESIDENT RESIDENT RESIDENT
�}JCf 111V!' 1Lf1)
` O Q
> �-- 00
.0
TOTAL INCOME:
SOURCE OF A NCO�.E
i nc i ud i ray ermp'. oy.:r ' s bddres6 , i 'i a�N i t; able
.�� t
S e C�(Y'I
0
: ` per month Q �al
AGENDA NO. . Fa ( a
Action by C ounce i l :
Endorsed -
AGENDA REPORT ModifieA
Rejected _ Date - -
TO: City Manager
FROM: Finance Director
U. AMBULANCE BILL - A,PPLICATION FOR CANCELLATION
(Annette Taverna)
DATE: April 4, 1994
An application for cancellation of an ambulance bill has been received from Annette
Taverna. On October 13, 1993, she was transported to St. Paul Ramsey Hospital. The
original bill was $434.60. Medicare paid $260.45 and Blue Cross paid $130.69. The
current balance is $43.46.
The application is attached for the Council's review.
lz
Attachment
ANMCANCEL.AGN
APPLICATION FOR CANCELLATION OF
PARAMEDIC AMBULANCE SERVICE CHARGES
NAME OF APPLICANT:
ADDRESS OF APPLICANT:_._ p �;S
CITY: STATE: hi ZIP: �:0
PATIENT'S NAME: ff e ,/
DATE OF SERVICE: Oo4 t 9 �
AMOUNT OF CHARGES REQUESTED TO BE CANCELLED,
REASON FOR REQUEST - CHECK ONE:
1. Financial Hardship (fill out reverse side) :
fj
2. Other:
w I F
o'lo" 4 W-,
au
I certify that the income information I have supplied on this application
is true and accurate. I also certify that the amount of the charges requested
ar 9
to be cancelled are not covered by Medical assistance, worker's compensation,
Medicare, health insurance or auto insurance.
S i gned 76 L, Date: At/
INCOME INFORMATION
"INCOME ".means any amount received from the following sources by any Resident:
• Any Public Assistance, including but • Salaries, including commissions, bonuses,
not limited to Welfare, AFDC, SSI, and overtime pay and tips
Unemployment Compensation
• Interest and Dividends
• Pensions and Annuities, including PERA
and Social Security • Rental income
• Estate or Trust income • Business Profit- -for self - employed
individuals, including Farmers
• Gain from the sale of property or
securities • Payments received from properties being
sold or, Contracts for Dec
• VA Educational Grants
List all residents of your household. Include yourself. Include their ages and their incomes (if any):
I) Income listed should include all income which your household can reasonable expect to receive during the next
12 min ths.
2) "RESIDENT" means any person, other than a renter, living in the household for at least 9 months of the year,
or a person who is claimed as a dependent for income tax purposes.
NAME OF AGE OF INCOME OF
RESIDENT RESIDENT RESIDENT SOURCE OF INCOME
(per month) (including employer's address, if applicable)
49 v E g &(-4 � 140�j �27)��w
L
..L ac T / d
.� •off ' <
TOTAL INCOME: per month= p er year
MEMORANDUM
Action by Coundil
TO: City Manager
Endorse
FROM: Ken Roberts, Associate Planner
Modif i e
SUBJECT: HRA Reappointment
Rejects
DATE: June 14, 1994
Date
INrRODUC
Gary Pearson is requesting that the City Council appoint him to the Housing and
Redevelopment Authority (HRA) for afive -year term.
BACKGR0UND
On November 13, 1989, the City Council appointed Gary Pearson to the HRA. This
appointment was to fill a vacancy on the HRA.
REC0l1AlIAENDATI0N
Reappoint Gary Pearson to a five -year term on the HRA.
kr /memo82.mem
F-�- F
MEMORANDUM
TO:
City Manager
FROM:
Chris McGlincey, Planning Intern
SUBJECT:
Conditional Use Permit Review
PROJECT:
Dege Garden Center
DATE:
June 17 1994
INTRODUCTION
Action by Come 3. v1
Endorsed----
Modif i e
ReJected,..,,,
Date
The conditional use permit (CUP) for 831 N. Century Avenue is up for review. (See the
maps and site plan on pages 2-4.) This CUP allows a parking lot behind the Dege
Garden Center building.
BACKGROUND
On June 3, 1971, the City Council approved a CUP for a 28 - space .parking lot.
On June 1, 1988, the City Council revised the CUP. (See the conditions on page S.)
On June 22, 1989, the City Council reviewed the CUP subject to review again in five
years.
DISCUSSION
Mr. Dege is meeting the CUP conditions.
RECOMMENDATION
Review the CUP for 831 N. Century Avenue again in five years.
go:b- 7:degecup.mem (25)
Attachments:
1. Location Map
2. Property Line /Zoning Map
3. Site Plan
4. June 1, 1988 CUP conditions
Attachment 1
MAC MX A AVE
• PL '
68 z �� j
O
Z Q R A •
CASE AVE
' , . c
BRMD �, , L LA- BRAND AVE. .
� a �
�� ac AA.
• t; . •!
• E. 7t'. x`•,°'00
owns E. nth sT.::
.. •
' CO~
• �\ Z
• ,. • ►� : 0
2
AVE BUSH
� . •
'
% CD E. MINNEHAHA --
E. MARGAR ET AvE. •
@ I o'll, Lt
E. 5th w ST. i
Lake CC
. 250
a Z Q ti .. .
ar N O z F'REM ONT •� : C
0 N J a •
27 AVE. '
N
.. • CONWAY
AVE. � 0 f RON TAG E RD.
n � l•
.. , '
209
_ cr 240 •
236
so
207
j, N N
ft
N
201 C Tannwe
• 230 227Q
222 Nola
a HUDSON p
W
J
a
0
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0
v)
LOCATION MAP
�4
Attachment 2
it
7L
0
• 32.)
81 93
1 804 Mal
tit Ole\ v (wm .(z 8 1 md758
0 15 I M C C0 r4%
1 117 2 (0 0 CV)
- 1 %. TM
N � I tV C 1 r*ft
4 C4.- C4 C4
I
f
- T
(44-) (4-4 (4 4)
1 4-7) (49)
12 2 1 00 J. A 100 50 50 10o t 00
1308.7
E. SEVENTH ST.
1'77- 8 S
177. era
. ...........
............. 831
..........
825
0
817
178 -7 81
(43; 7
2 7981 6
(2 3) - ro 7 (6
1 7 3.77
fr — - .
6.41 1 eO.o� _. _ i _ _
04o (2
24
U) (37)
i 80.7`
[jLJ (3is)
2 Ila
s
1.01
3C
>w
4; 4C 1 4 �1
0 14 r-
0 2 M-5
181-s
so 14e
J �
. Q a
17 I 1 GO
441i�
09 go I GO
658.61 29
1
w 1=1 a A a a A A
IF,
� U)
N
at 4
0
0
PROPERTY LINE ZONING MAP
PARKING LOT
I�
LN
3
DEGE
+GARDEW
CT R.
a
1 DO
19
19
u
W
j
tin
0
49
r
PROPERTY LINE ZONING MAP
PARKING LOT
I�
LN
3
IF
Attachment 3
ew Owego 400 enwo 0 • TH _STREET •
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Attachment 4
12. The zero setback to the R -1 zone to the west is justified since
the R -1 zone is developed as a commercial parking lot.
13. The existing setback to the south lot line is justified since
the canopy is an extension of the existing building line and
removing part of the canopy to meet the setback would be less
attractive and expose storage and sales items to view.
Approval is subject to the following c onditions:
1. The site plan submitted by Mr. Dege on October 27, 1986, shall
be revised based on a survey of the south lot and the west
line of the canopy. The revised plan and the remodeling plans
submitted on December 15, 1987, and May 23, 1988, shall be con-
sidered part of this permit, except for any change must be ap-
proved by the Community Design Review Board.,
2. The parking lot may only be used for parking for the garden
center building.
3. No commercial use for sale, storage, display or advertising
signs of garden materials, plants, or any other kinds of goods
shall be allowed anywhere on the legally described property to
which this conditional use permit is issued or the parking lot.
4. No portion of this site or parking lot shall be used for truck
or trailer storage.
5. Review, renewal or revocation of this permit shall in accordance
with City code.
6. Any trees on the site that die must be replaced.
7. No exterior lighting or speakers shall be allowed.
8. The canopy shall not be enclosed for year around use.
9. Sales under the canopy or outdoors shall be limited to garden
products. from March through October. No other type of sales
or storage shall be allowed.
10. Council may require removal of the canopy for additional
parking or to reduce parking demand if the use changes.
11. A fence does not have to be constructed along the south lot line.
Second L Councilmember Juker. Ayes - all.
b. Garage Relkoval Deadline
1. Councilmembe'r Juker moved that the deadline for the garage remo
be September 30, L%.
Motion died for lack �f a second.
5
emmow
t op- , _.- I
MEMORANDUM
TO: City Manager
FROM: Thomas Ekstrand - Associate Planner
SUB,TECT: Conditional Use Permit Review
LOCATION: 2425 White Bear Avenue
APPLICANT: Redeeming Love Church (formerly Calvary
DATE: June 20, 1994
INTRODUC110N
.lotion by; Counoil s
Endorsed ..�,..�.
Modify. ed......�..�.....,�.
ReJ eote
Date
Assembly of God)
The conditional use permit (CUP) at 2425 White Bear Avenue is up for review. This
permit is for a church. (See the maps and site plan on pages 3 -5.)
BACKGROUND
On ,Tune 28, 1993, the City Council approved the following for this property:
1. Aland use plan change from LBC (limited business commercial) to C (church)
2. A CUP subject to nine conditions, including a one -year review
(See the CUP conditions on pages 6 and 7.)
DISCUSSION
The church needs to do the following things to meet the CUP conditions:
1. Sweep and stripe the parking lot according to City Code requirements. The church
has swept, patched and partially striped the parking lot, but they need to redo the
striping. The striping is incomplete and does not meet the Code requirements.
2. Build a trash enclosure for their dumpster that is west of the building.
3. Clean the site on the west side of the parking lot. The church has cleaned up most
of the debris, but three barrels and some sheet plastic are still in the grass.
4. Screen the outside mechanical equipment. There is an incinerator and other
mechanical equipment on the northwest side of the building. This equipment is
enclosed by chain -link fencing. The church is investigating ways to screen the
eq The should know by the Council meeting how they plan to do it.
Y
S. Remove the concrete curb blocks surrounding the parking lot and replace them
with continual concrete curbing as the Code requires. The City Council gave the
church three years to do this. The church must complete this by June 28, 1996.
Dan Adel of Redeeming Love, told me they plan to have Items One, Two and Three
completed within one month and to remove the incinerator by September 30, 1994.
Screening the outside equipment is the rem. 9 item they would need to finish, right
away. The City Council should review the CUP. again on September 26. By. that .time,
the Church should finish all the items listed above, except the curbing. If the church
does not have the incinerator removed, they should at least screen. the incinerator and
the adjacent equipment.
RECOMMENDATION
Review the CUP for a church at 2425 White. Bear Avenue again on September 26, 19940
go \calvarymem (11)
Attachments:
1. Location Map
2. Property Line /Zoning Map
3. Site Plan
4. CUP Conditions dated June 28, 1993
2
Attachment 1
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see:
LOCATION MAP
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PROPERTY LINE / ZONING MAP
SITE 4
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Attachment 2
Orr
sdielen
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5775 Waarrata 8ouje and
612-696-5776
1- 80o-753.5775
FAX 595-5773
Attachment 3
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Pro Sheet Of
Comm. NO. Date � � ��
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HANDICAPPED PARKING
NEW EXTERIOR DOOR
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REPLACE STEPS
242 w AVENUE
NEW RAMP
City Council approve this permit. Attachment 4
public c heari n
2. The City Council held a p 9 on June 14, 1993. The
toff published a notice in the paper and sent notices to
C s u
p, one at
the surround ng property owners. The Council . g ave every
hearing a chance to sp and present written statements*
the he 9 p
The Council also considered reports and recommendations of the
City staff and Planning Commission.
.. NOW, THEREFORE,
BE IT RESOLVED that the City Council approve the above-
described conditional use permit, because:
be located designed, maintained, 1. The use would � ined, constructed and 9
operated
to be in conformity wit the City , s Comprehensive Plan
and Code of Ordinances.
2. The use would not change the existing or planned character of
the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials,
equipment or methods of operation that would be dangerous,
hazardous, detrimental, disturbing or cause a nuisance to any
person property
n or because of excessive noise, glare, smoke,
dust odor, fumes, water or air pollution, drainage, water run -
off, general unsightliness, electrical interference
or other nuisances
5. The use would generate only minimal vehicular traffic on local
streets and would not create traffic congestion or unsafe access
an existing or proposed streets.
6. The use would be served by adequate public facilities and
services, including . streets, police and fire protection,
drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public
facilities or services.
8. The use would maximize the preservation of and incorporate the
site's natural and scenic features into the development design.
9.
The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans that the City received
on May 3, 1993. The Director of Community Development may
approve minor changes.
2. The proposed construction must have substantially started or the
building must be used for a church within one year of Council
approval or the permit shall end. The City Council may grant up
to one one -year extension of the permit.
3. Fill the potholes in the parking lot and driveways.
4. Sweep and restripe the parking lot to current City Code
requirements. .
6 8 -28 -93
5. Remove and clean up the old tires, Junk and garbag on the
property. •
6. The church recording a deed with Ramsey County for five
additional feet of right -of -way for White gear avenue at the
northeast corner of the si The church must record this deed
within sixty days of getting fee title of the property. The
County Traffic Engineer must approve this deed before the church
records it.
7. Screen any outside mechanical equipment, as required by Code.
S. Remove the curb blocks and construct concrete curb around the
parking lot perimeter, as the Ci Code requires. The church
majr this work with Phase II of the construction and
shall have it done within three years of City approval.
9. The City Council shall review this permit in one year.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Rossbach
Hays - Councilmember Zappa
7
A No, �10
.
Action b Counoil, 0
AGENDA REPORT
Endorsed
DATE: June 17 1994 Modifi erl
. .......... lReJected
._...
TO'* Mike McGuire Date-
Cit Mana
FROM: Sherrie Le
Human Resource Director
SUBJECT: Salaries for selected Communit Center Positions
In accordance with the Cit Council's wishes, we have ne
the salaries for the Communit Center positions covered b the
Metro Supervisor's Association (MSA). We will be ne the
salaries for those positions covered b AFSCME in the near
future.
The Council previousl approved the positions for the Communit
Center and directed staff to ne the salaries, The MSA
positions and salaries are as follows:
In addition, the followin startin salaries are recommended for
those positions not covered b an 'bar unit due to the
positions bein l than 14 hours per week:.
Buildin Attendant $5,50/hr,
Child Care Provider $6.50/hr.
Customer Service Assistant $6.50 / hr .
Life $6.00/hr.
Water Safet Instructor $6,50/hr.
Start
1 Yr.
2 Yr.,
4 Yr.
900
95%
Base
103%
Buildin Maintenance
Supervisor
15-.00
15,84
16.67
17,17
Customer Service
14,40
15-a20
16.o00
16,48
Coordinator
Recreation Pro
Coordinator 1
14,46
15,27
16,07
16,55
In addition, the followin startin salaries are recommended for
those positions not covered b an 'bar unit due to the
positions bein l than 14 hours per week:.
Buildin Attendant $5,50/hr,
Child Care Provider $6.50/hr.
Customer Service Assistant $6.50 / hr .
Life $6.00/hr.
Water Safet Instructor $6,50/hr.
These latter positions wil in the future, be incorporated into
the "temporar and part-ti emplo (non-union)" salar
resolution. At some point in the future we ma establish a short
salar ran for the five non-union Communit Center positions.
We do not intend to ask for an increase in 1994 to the existin
t and part-time emplo (non-union) salaries. The were
last increased in 1993 and at this time we feel those salaries
are ade for 1994,
RECQMMENDATIQN
Please submit these salaries to the Council for approval. The
salaries for the full-time Metro Supervisor posi tions have been
si g ned ne and we have a si letter of a from MSA
(attached).
LETTER OF UNDERSTANDING
Between
THE CITY OF MAPLEWOOD
And
THE METRO SUPERVISORY ASSOCIATION
The followin rates of pa are hereb established.for the
positions listed below.
Start 1 Yr, 2 Yr,. 4 Yr.
90%. 9 Base 103%
Buildin din Maintenance
Supervisor 15,00 15.84 16,67 17,17
Customer Service 14,40 15,20 164,00 16-o48
Coordinator
Recreation Pro
Coordinator I 14.46 15.2 16o07 16.55
For the Union:
For the Cit of Maplewood
•
22i!�
-OF
AGENDA NO. Fmw / I
ACEN ®A REPORT
TO: Cit Mana �
FROM: Assistant Cit Mana (50J"
RE: COUNCIL MEETING PLAYBACK SCHEDULE
DATE: June 17, 1994
Aetion b Counoilin
4.1.
Endorsed. -
Modified
Re j ected..
Date
The Cable Commission's g overnment access g roup has re that we chan
our pla time for Council meetin We pla the tapes on the Thursda after the
meetin be at 6:00 p.m. The Cable Commission has asked that we start the
tapes at 7:00 p.m.
Th re is bein made so that the Commissionis g roup can pro and pla .
special tapes in certain time periods for all of the cities in the Commission. One of
those time blocks is 3 to 7 p.m. An tape that the pro will override our tapes.
I recommend that we chan our pla time to 7:00 p.m., so that we can
participate in additional taped material on our channel.
RECOMMENDATION
It is.recommended that the Cit Council approve the chan in time for Council
meetin pla time from 6 p.m. to 7 p.m. on the Thursda followin the re
Cit Council meeting.
Fla.
AGENDA REPORT Aotion b y GdunQil:,
,, �
To: City Manager Michael McGuire �.. E n d o rs e d � , , , , .. � .
-...
• Director of Public Safety Kenneth V. Collins.
From. y Modifie
d---...
Subject: Permission to Trap Beaver Re jeote
Date: June 21, 1994 date
Introduction
American Estate Homes has contracted with a trapper to remove beaver from the
area of Woodhill Drive and Oakridge Court.
Back round
A great deal of damage is being done by beaver in the Hillwood Drive / Oakridge
Court area.
The developer, Tony Albanito from American Estate Homes, contacted the
Department of Natural Resources for assistance.
Gary Thell, the Department of Natural Resources area representative, advised
them to contact Gary Meis, who is a trapper, to remove the beaver.
Recommendation
It is recommended that approval be granted for the trapping and removal of
beaver from this area.
Actio Required
Submit to the City Council for their review and approval.
KVC:js
cc 94 008388
Animal Control Officer
Few /3
MEMORANDUM Action by Council
Eandorsed...,.,.,
Modified -
TO: City Manager o r2 ReJected,
FROM: Pauline Staples, Acting Parks and Recreation Director Date
SUBJ: Irrigation System at Hazelwood Soccer Complex
DATE: June 20, 1994
INTRODUCTION
Plans and specifications were developed for irrigating the four main soccer fields
and the junior soccer field at the Hazelwood Soccer Complex. Due to flooding
the lower field will not have an irrigation system. The plans and specifications were developed
by P & H Warehouse Sales, Inc..
DISCUSSION
Bids, have been received to install an irrigation system on five soccer fields at the Hazelwood
Soccer Complex. The well and pressure tanks are installed and ready to be used.
The bids received are as follows:
Aqua City Irrigation Inc. $22
Lawn Management Systems Inc $23
Southview Design $30
Bids include installation of irrigation system for five soccer fields -labor and material as
per plan. The system shall be guaranteed for a full one year period against any defects
in labor and /or material. All field work is to be done within a two (2) week period from
August 16 to August 30, 1994. Winterizing the first fall and turn on and check out
the first spring.
BUDGET
Park Development Fund (403- 814 - 346 -4720) has $50,000.00 for Hazelwood Park
Development.
RECOMMENDATION
It is recommended that the City Council award the bid for irrigating five soccer
fields at the Hazelwood Soccer Complex to Aqua City Irrigation Inc. for the sum of
$221900.00.
G mow I
MEMORANDUM Action by Councj1,..;j
Endorsed-
TO: City Manager Modified-
FROM: Ken Roberts, Associate Planner ected-
SUBJECT: Home Occupation Vicense Date
LOCATION: 2269 Teakwood Court
APPLICANT: Zerita Hendricks
DATE: May 5, 1994
INTRODUCTION
Ms. Zerita Hendricks is requesting a home occupation license at 2269 Teakwood Court.
The license is for a home electrolysis (hair removal) shop. She has been running this
business from her home since her house was built in 1989. Ms. Hendricks runs this
shop in a basement bedroom. (See the maps on pages 5 -7.) She has one outside
employee -her daughter. She has one or two customers at a time, with an average of
20 -25 customers per week.
BACKGROUND
On January 12, 1987, the City Council approved a home beauty shop at 2405 Carver
Avenue.
On August 24, 1987, the Council approved a home beauty shop at 798 North McKnight
Road.
On October 15, 1987, the Council approved a home beauty shop at 1161 Leland Road.
On June 2 1992 the Council approved a home beauty shop at 2491 Stillwater Road.
DISCUSSION
This case came to our attention because someone complained about a business sign in
the yard. The code does not allow home business signs on the lawn. Home business
signs must be mounted on the house. Ms. Hendricks has since removed the sign. We
have had no other complaints. This use is similar to a home beauty shop. The Council
has approved four licenses for beauty shops.
The neighbors had mixed reaction to this request. There were seven property owners
with concerns. Most of the concerns were about an increase in traffic in the area and
safety concerns with McKnight Road. Another concern of the neighbors was whether
there will be enough off - street parking. Ms. Hendricks has a detached garage and a
paved driveway with a parking area behind her house. The entrance for the driveway is
on McKnight Road. (See the site map on page 7.) Any traffic from her business would
not affect the surrounding neighborhood. The traffic would not increase, since she has
been in business since 1989. Her driveway and parking area give the customers room to
park and turn around before entering McKnight Road.
RECOMMENDATION
Approve a home occupation license for Zerita Hendricks. This license is to operate an
electrolysis shop at 2269 Teakwood Court, subject to the following conditions:
J g
1. Ms. Hendricks shall follow the City's home occuparion licensing requirements.
(These requirements are on page 10.) She must renew her license annually, as
required by Code.
2. The electrolysis shop shall meet all building code requirements, including handicap
access. Ms. Hendricks shall apply for a building permit for all remodeling work.
3. The electrolysis shop may only operate on Monday through Tuesday and Thursday
through Saturday from 9:00 a.m. to 7:00 p.m. weekdays and 9:00 a.m. to 2:00
p.m. on Saturdays.
4. Ms. Hendricks shall only operate the electrolysis shop in one room of her basement.
5. There shall be a smoke detector and a 2A -10BC wall - mounted fire extinguisher on
the same floor as the electrolysis shop.
6. Her employee and customers shall park on the driveway, not in the street.
K
CITIZEN COMMENTS
We asked the surrounding property owners for their opinion. We sent surveys to the
property owners within 350 feet of the site. Out of 23 properties, we received 15
replies. Seven replies were for the proposal, seven were. against and one had no
comment.
Those people for the proposal had the following comments:
1. There will be no effect on the property or neighborhood. (Fratto - 2278 Teakwood
Court)
2. If it does not reflect upon my property taxes, etc. Also if there are no business
expansions in the future. (Owner - 531 Dorland Road)
3. It does not appear that it would cause any noticeable intrusion or disruption.
(Truhler - 541 Dorland Road)
4. We do not see any reason why this clinic would not be acceptable. (Johnson - 515
McKnight Road)
5. There have been no problems so far. (Barber - 525 McKnight Road)
Those against the proposal had the following comments:
1. It will bring more traffic into the area. (Hanson - 2310 Mailand Road)
2. Concerns for excess traffic, noise, congestion due to comings and goings of such a
business. (Smith - 521 Dorland Road)
3. This is strictly a residential area. McKnight Road traffic is too heavy now. We
cannot get out of our driveways. Just live as in a family home. (Riebe - 511
McKnight Road)
4. McKnight Road is too busy to have people turning into a driveway —it is not an
intersection. Provide an entrance on Teakwood Court and have customers p ark on
Teakwood Court. I question the number of employees and number of customers. I
do not understand why, this request is coming now. The business has been in
operation for several years. There certainl y are more than 20 -25 .cars in and out of
their driveway and parking on McKnight Road. (Steenberg -535 McKnight Road)
5. It has customers coming into the neighborhood, it is then commercial. It does not
effect my property, but if you allow 25 clients to a single family home in a week,
3
you might as well allow 100 per week. Where do you draw the line? I am against
home office operations. (Eibensteiner - Shoreview)
6. This is an area of expensive homes and I do not want the area to change. This
business is in their home. It is a home they built knowing the area was restricted to
residential. (Anonymous)
7. See the letter on page 9.
REFERENCE
Site Information
Existing land use: A house and detached garage
Owners: Eugene and Zerita Hendricks
Surrounding Land Uses: single dwellings
g
Planning Information
Land Use Plan designation and zoning: R -1 (single dwellings)
go/b- 7;mem096b.mem (Section 12 -28)
Attachments:
1. Location Map
2. Property Line /Zoning Map
3. Site Map
40 Basement Floor Plan
5. Letter: Luckfield
6. Home Occupation License Requirements
4
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SUBJECT PROPERTY 0 2269 TEAKWOOD COURT
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Attachment 3
PROPERTY DESCRIPTION = Lot 2 Block 1, SOUTH OAKS 2ND ADDITION, according to
the plat thereof on file and of record in the Office of
the County Recorder, Ramsey County, Minnesota.
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ATTACHMENT 5
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ATTACHMENT 6
HOME OCCUPATION LICENSE REQUIREMENTS
1. No traffic shall be generated by a home occupation in
seater volumes t P
g than would.normally be expected in a
residential neighborhoode The need for off - street arki
P ng
-10 spaces shall not exceed more than three off - street parking
spaces for home occupation at any iven time in addition
a q , on to
the
parking spaces required by the residents.
2. No more than one nonresident employee shall be allowed
Y to
work on
the premises. Nonresident employees who work off
premises may be allowed to visit the
premises. I an on-
site employee is parking on site, off -site em'lo ees shall
not leave •� P Y all
their vehicles on site. If there is no on - site
employee vehicle parked on site, one off-site ee
vehicle may emp loyee be parked P y
Y p on site.
3• No vehicle associated with the hone occu ation including
customers or
employees, shall be parked on the street or
block sidewalks or public easements. Private vehicles used
by the residents shall not be included in this requirement
4. An area equivalent to no more than twenty ercent o Y P f
each level of the house, including the basement and are e
g 9 '
shall be used in the co nduct of a home occupation,
50 The shall be no change visible off premises in the outside
appearance of the building or premises that would indicate
the conduct of a home occupation, other than one n.
meeting sig the requirements g
g qu nts of the City sign code.
6. No more than 20% of business income shall come from
the sale
of products produced off site unless approved b the Ci ty .
Council,
Y
70 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
rural
senses off the lot. In the case of electrical interference
no eq or '
process shall be used which creates visual
or audible inte- rference in any radio or television receivers
off the premises, or causes fluctuations in line voltage off
the premises.
8. There shall be no fire, safety or health hazards.
90 A home occupation shall not include the repair of internal
combustion engines, body shops, machine shops, welding,
P • g•
ammunition manufacturing or other objectionable uses as
determined by the City. Machine shops are defined as laces
where raw metal is fabricated,
laces using machines that operate
on more than one hundred twenty (120) volts of current. .
10
Planning Commission
Minutes of 5-16-94
-4-
6. Change Hawthorne Avenue to Myrtle Street and change Hawthorne Court to
Tilsen Avenue. .
7. If they will accept ,deed the fifteen -foot strip of land north of 1262
McKnight Road to owners of 12 2 McKnight Road,
8. If they will accept it, de d private road easement between the site and
Maryland Avenue to the derlying property owner.
9. Curve the Hawtho Co cul -de -sac north to maximize the lot depth for
Lots 15 and 16. e develop shall submit a revised plan to the Director of
Community De lopment for 's approval.
If the develope decides to final plat art of the preliminary plat, the City may
waive any co ditions that do not app to the final plat.
issione ischer seconded Ayes -- ' zberger, Axdahl, Fischer, Frost, Gerke,
Kitt ridge, actin, Pearson, Rossbach
The moti Ph passed.
Conurdssioner Pearson arrived at the meeting during discussion on the above agenda
item.
VI. NEW BUSINESS
A. Home Occupation License: 2269 Teakwood Court (Section 12 -28)
Ken Roberts, Associate Planner, presented the staff report. Zerita Hendricks, the
applicant, was present at the meeting. Ms. Hendricks said she does not feel that this
business will add a significant amount of traffic to the area. She explained . that there
is ample driveway parking and customers will not need to park on the street.
Chairperson Axdahl asked for comments from the public. R. J. Kohler Jr., 2261
Timber Trail, spoke in favor of the proposal. Mr. Kohler sad he travels McKni ht
g
Road many times each day, and has not noticed any problems with cars parking on
McKnight Road. Robin Kohler, 2261 Timber Trail, spoke in favor of the proposal,
P P P
Commissioner Kittridge moved the Planning Commission recommend approval of a
home occupation license for Zerita Hendricks. This license is to operate an electrolysis
. shop at 2269 Teakwood Court, subject to the following conditions:
1. Ms. Hendricks shall follow the Cites home occupation licensing requirements.
She must renew her license annually, as required by code.
Planning Commission -5-
Minutes of 5 -16 -94
2. The electrolysis shop shall meet all building code requirements, including
handicap access. Ms. Hendricks shall apply for a building permit for all
remodeling work.
3. The electrolysis shop may only operate on Monday through Tuesday and
Thursday through Saturday from 9 a.m. to 7 p.m. weekdays and 9 a.m. to 2 p.m.
on Saturdays.
4. Ms. Hendricks shall only operate the electrolysis shop in one room of her
basement.
5. There shall be a smoke detector and a 2A -10BC wall - mounted fire extinguisher
on the same floor as the electrolysis shop.
b. Here employee and customers shall park on the driveway, not in the street.
Commissioner Fischer seconded Ayes-- Anitzberger, Axdahl, Fischer, Frost, Gerke,
Kittridge, Pearson, Rossbach
The motion passed.
Nays -- Martin
B. Conditional Use Permit: Highway 61 (Used Motor Vehicle Sales Lot) (Section 3)
Ken Roberts, sociate Planner,. presented the staff report. The applicant Clarence
Lacktorin, 226 Navajo Road, North St. Paul, was pres tat the meeting. Concerning
c
the condition w 'h would require future paving of e parking lot, Mr. Lacktorin
said he should kn w in approximately one mon hether this business will be
successful. The Co 'ssion discussed the lack water for a lawn irrigation system
and restroom facili s.
Commissioner Martin owed the Pl Commission recommend adoption of the
resolution which appro s a conditio use permit for a used motor- vehicle display
and sales lot. Approval is ubject to e following conditions:
1. All construction shall fo V the site plan approved by the City. The Director of
Community Developmey approve minor changes, including driveway
changes. The lot may b e anded to fifty spaces with the Community Design
Review Board's appro 7 al.
2. The City Councils all not revs w this permit unless there is a problem.
3. If there is not ough parking, operator or property owner shall provide
more spaces. e City staff must prove a plan before paving begins.
4. The operator'shall not allow parking on Highway 61 or outside of the parking
lot.
PUBLIC HEARING NOTICE
The Maplewood City Council invites you to a public hearing. This hearing is about a
request for a home occupation license. The applicant is Zerita Hendricks. The license is
for a home electrolysis (hair removal) shop. The location is 2269 Teakwood Court. The
Council will hold this hearing on Monday, June 27, 1994 at 7:00 p.m. or later in the
City Hall Council Chambers (1830 East County Road B).
Call Geoff Olson at 770 -4562 for more information.
Sign language interpreters are available. You must request this service at least 96 hours
in advance. Call 770 -4524 to make arrangements.
PUBLISH: June 15, 1994
Ce ar
AGENDA ITEM x
r
1.
Aotion by. Co oil s .
AGENDA REPORT
Endorsed ...�...
TO: City Manager Modified...�......�.
P ei ecteAr..�.�..�.......
FROM: Assistant City Engineer Date
o.
SUBJECT: Trunk Highway 61 Frontage Roads, Project 93 -o2-- Public Hearing
g
DATE: June 21, 1994
The attached public hearing notice and mailing ist is resented for the city council's
information. T 9 p Y
The project has already been ordered by the council and staff is
proceeding with the preparation of plans and specifications. The public hearing is
p P g
being held due to the elapse of more than one year's time since the original public
hearing.. Minnesota Statutes require this additional hearing since the bids have not
been let for the project.
RM
jW
Attachment
G -3
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
APPLICANT:
DATE:
City Manager
Ken Roberts, Associate Planner
Home occupation License
1652 Lakewood Drive
Shannon Kimball
June 17, 1994
INTRODUCTION
Action by Council:
Endorse
Modif i e
Rejecte -
Date ----.
Mr. Shannon Kimball is requesting a home occupation license at 1652 Lakewood Drive.
(See the location and property line maps on pages 7 -8.) The license would allow him
to clean vehicles and boats. He has been operating this business since last September.
He does the cleaning in one stall of his three -car attached garage. Mr. Kimball would
have an office in one bedroom of the house. (See the plan on page 9.) He does not
have any commercial vehicles or outside employees. Mr. Kimball cleans about 5 -10
vehicles each week. If his business is successful, he hopes to move it to a commercial
building.
Mr. Kimball does all the clean up work (except some vehicle washing) in one stall of his
attached garage. He picks up and delivers the vehicles that he will clean. Mr. Kimball
has heat, insulation, sheet rock and hot and cold running water in the garage. Mr.
Kimball uses a shop vacuum, a small pressure washer, an upholstery steamer, small air
compressor and hand -held buffers. He uses the power equipment in the garage.
DISCUSSION
The intent of the City's home occupation regulations is to allow home businesses that
do not detract from residential neighborhoods. Home occupations should not be
noticeable to neighbors or someone driving by.
Section 17 -21(b) (7) of the City Code prohibits the use of equipment or processes in a
home occupation that create noise, vibration, glare, fumes, odors or electrical
interference detectable to the normal senses off the lot. The tools and P
a q ui ment that
Mr. Kimball uses should not be detectable to a person off ' the lot. Mr. Kimball's yard
and house are neat and well maintained.
The chemicals and cleaners include glass cleaner, automobile soap, wax and polish for
vehicle cleaning. Anyone could buy these materials. Mr. Kimball uses biodegradable
cleaning products. He does not use hazardous materials or chemicals. He pumps the
wash water from his garage into his back yard flower garden.
A potential traffic increase concerned five of the neighbors. They live south of the
Kimballs. One of the residents called and said their concern was that the Presentation
School bus stops next to the Kimball's house. I suggested that the call Presentation
gg Y
and ask to have the bus stop further south. This may be closer to the homes that use
the bus.
RECOMMENDATION
Approve a home occupation license for Shannon Kimball at 1652 Lakewood Drive. This
license is to clean vehicles and boats, subject to the followin g conditions:
1. Mr. Kimball shall follow the City's home occupation licensing requirements.
(These requirements are on page 11.) He must renew his license annually, as
required by Code.
2. The business may only operate Monday through Saturday, from 8:00 a.m. to 5:00
P.M.
8. Mr. Kimball shall not clean the customers' vehicles or boats outside.
4. There shall be a 2A -10BC wall- mounted fire extinguisher in the garage.
5. Mr. Kimball shall keep all customers' vehicles on the driveway or in the garage.
6. Mr. Kimball shall not use flammable materials with the home occupation.
7. There shall be no spray painting, body work, engine repair or outside storage of
materials from the business.
8. All cleaning materials shall be biodegradable. Wash water shall be pumped to the
rear yard.
9. The Kimballs shall bring the customers' cars to the business. There shall be no
customers driving to the house.
2
CITIZEN COMMENTS
We asked the nearby property owners for their opinion of this prop osal. We sent
surveys to the property owners within 350 feet of the site. Out of 30 properties, we
received 17 replies. Seven replies were for the proposal, eight were against and two had
no comment. Those people living on Lakewood Drive would be most effected by this
business. Of those, two were in favor and seven were against the business.
Those people for the proposal had the following comments:
1. He is our son - in - law. (Spencer - Stillwater)
2. I am for private enterprise and do not believe this will subtract from the value of
his or our property. (Lemire - 1646 Lakewood Drive)
3. We have met Mr. Kimball and have no objections. (Johnson - 1649 Lakewood
Drive)
4. I see no adverse impact to the neighborhood. (Junek - 2430 Larpenteur Avenue)
5. I cannot see any problem. (Junek - 2436 Larpenteur Avenue)
6. This business should not interfere with neighborhood life. However, the conditions
should not change without further approval. (Olsen - 2444 Larpenteur Avenue)
7. They do not live by us. (Fellner - 1630 Myrtle Street)
Those against the proposal had the following comments:
1. We don't need the additional traffic; the street has a high volume of children.
(Braun - 1617 Lakewood Drive)
2. This is a residential neighborhood - within the 350 feet that this letter was sent to,
there are 24 children. We don't need any more added traffic to the area. We also
do not want any more strangers coming o the area. I also feel that since they Y are
not the fee owners of the property (her parents bought the home for them), they
can go and find a garage stall that is equipped to do that kind of work. I also
would like to know where will all the ease and oil o down our sewers stem? I
�' g � Y
don't need my kids riding their bikes down the street and getting full of grease and
oil. I do not want this in my neighborhood at all. The additional traffic will infringe
on kids safety and health. There will be additional noise pollution. 5 -10 cars means
that at one point they could have ten cars plus their rsonal cars parked in their
p
driveway. This will not look proper and cannot help property values and future
sales potential. In my opinion, this will drive property values down. If you allow a
3
clean -up (detail) shop now, what will we allow next? A body shop? A car repair
shop? Where do we stop? We strongly oppose this and must keep this block for
residential use. (Sleem - 1624 Lakewood Drive)
3. I object because this is a residential neighborhood and zoned as such for good
reasons. The City planners are well aware of! This is a residential area filled with
many young families ... it is not a business district. A rime consideration in m
p Y
buying my home was that the neighborhood was zoned residential. This proposal,
if accepted, will have an adverse impact on property values. It will add traffic,
congestion and noise and as a result, compromises the Y neighborhood. It may set a
precedent for other property owners and lead to more business uses in the
neighborhood.
I own a small manufacturing company myself and wish my new neighbor luck in
his ventures, .. in a business district! He must do what the rest of us have had to
do, buy or lease property in an area appropriately zoned for the type of business.
(Brudzinski - 1625 Lakewood Drive)
4. We would like to see our neighborhood remain residential, only. (Sonstegard -
1630 Lakewood Drive)
5. I oppose the business for three reasons:
a. The most important reason is that Lakewood Drive contains many residences
with small children. Any business, especially one involving cars, is going to
increase the number of cars using our street. This substantially increases the
risk to our children. As people unfamiliar with the area will be traveling on
Lakewood. These people will not realize how many small children are in the
area and tragedy is likely.
b. We choose this neighborhood because it was residential. The closest business
we were aware of is two blocks away. We bought our home assuming the area
would stay residential. We expect the neighborhood to stay safe and peaceful.
g Y p
A business on the street would not guarantee this safety and peacefulness.
Also, there is no guarantee the number of cars serviced by the business would
not increase.
c. If we choose to sell our home, we believe the value of the home would be
substantially decreased by the presence of a business on our street. The
business owner would profit at our expense. (Maeyaert - 1633 Lakewood
Drive)
6. This is a residential area with no business nearby. As a private resident, I am
against this proposal 100 %. This property is not zoned for business, especially for a
4
company dealing with automobiles cleaning solvents, noisy air compressors, etc. I
have met with several neighbors and we are all against it. (Brudzinski - 1638
Lakewood Drive)
7. This is a residential neighborhood and would like it kept as such. (Ventrelli - 1641
Lakewood Drive)
8. Next door is Cowern's bus stop —too many kids for the extra traffic. (Hurley - 2376
Larpenteur Avenue.
5
REFERENCE
Site Information
Existing land use: a house and attached garage
Owners: The County lists the property owners as Daniel and Lavyrle Spencer and
Shannon and Amy Kimball as the taxpayers. The Spencers are Shannon's in-
laws. Mr. Kimball told me that he and Amy bought the property from the
Spencer's last October.
Surrounding Land Uses
North: A house at 2402 Larpenteur Avenue
East: The rear yard of the house at 2416 Larpenteur Avenue
South: A house at 1646 Lakewood Drive
West: Houses across Lakewood Drive
Planning Information
Land Use Plan designation: R -1 (single dwellings)
Zoning: R -1 (single dwellings)
go/b- 7:memo96k.mem (Section 24 -29)
Attachments:
1. Location Map
2. Property Line /Zoning Map
3. Floor Plan
4. Description of Services
5. Home Occupation License Requirements
0
d � Attachment*1
lo Scale
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LOCATION MAP
7
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Attachment 2
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MAPLEWOODS APARTMENTS
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PROPERTY LINE /ZONING MAP
SITE 8
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Attachment 4
D E I L I N G
INTERIOR &EXTERIOR AUTOMOTIVE CLEAN'UP
METRO PICK UP &DELIVERY AVAILABLE
(612)- 770 3884
ap p ointriz6►zh. 0126
HAND WASH . $15
INTERIOR CLEAN UP & VACUUM. . . . . . . . . $15
ENGINE DEGREASE & CLEANING . . . . . . .. . $15
INTERIOR SHAMPOO »: , -$30
HAND WAX & BUFF . . . . . . a 9$60
PICK UP & DELIVERY . .. . .. . . 0 . . $10
$80 $100
CoTl2oyzatF,
("D ae�agE �ZE�,�c�Ent�cz[J aekagE
HAND WASH HAND WASH
INTERIOR GLEAN UP &VACUUM INTERIOR CLEAN UP &VACUUM
HAND WAX &BUFF HAND WAX &BUFF
ENGINE DEGREASE &CLEAN UP"
INTERIOR SHAMPOO
(TRUCKS &VANS AN ADDITIONAL $10)
OTHER SERVICES AVAILABLE UPON REQUEST:
— CIGARETTE BURN REPAIR IN CARPET
— TAR REMOVAL
— PAINT SCRATCHES &SWIRLS REMOVED
— SPOT REMOVAL
- PAINT TOUCH UP
— LEATHE.R CONDITIONING
— RECREATIONAL VEHICLES &BOAT ESTIMATES AVAILABLE
— AUTOMOTIVE ADVICE & RECOMMENDATIONS
Biodegradable products used - licensed &insured drivers
10
ATTACHMENT 5
HOME OCCUPATION LICENSE REQUIREMENTS
1. No traffic shall be generated by a home occupation in
greater volumes t p
g than would normally be expected in a
residential neighborhood. The need for off- street ark'
P ing
spaces shall not exceed more than three of f- street parking
spaces for home occupation at any iven time in add'
a g , pion to
the
parking spaces required by the residents.
2• No more than one nonresident employee shall be allowed to
work on the premises. Nonresident employees who work off
f
premises may be allowed to visit the remises. If an o
to e P n
site em
p y e is parking on site, off -site employees shall
not leave their vehicles
icles on site. If there is no on -site
employee vehicle parked on site, one off -site employee
vehicle may be parked
Y p on site,
3• No vehicle associated with the home occupation, including
p • ding
customers or employees, shall be parked on the street. or
block sidewalks or public easements. Private vehicles used
by the residents shall not be included in
this requirement.
40 An area equivalent to no more than twenty ercent Y p of
each level of the house, including the basement and Ora
q ge'
shall be used in the conduct of a home occupation.
50 There shall be no change visible of •
9 f premises in the outside
appearance of the building or premises that would indicate
the conduct of a home occupation, other than one sign
meeting the requirements g
qu of the City sign code.
60 No more than 20% of business income shall come from
the sale
of products produced off site unless approved b the City-
Council. F y ty
7. No equipment or process shall be used in such home
occupation which creates noise, vibration lace g , fumes,
odors or electrical interference detectable to the normal
senses off the lot. In the case of electrical interference
no equipment 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. There shall be no fire, safety or health hazards.
910 A home occupation shall not include tbe repair o
Pa f internal
combustion engines, body shops, machine sho s weldin
P ' g '
ammunition manufacturing or other objectionable uses as
determined by the City. Machine shops are defined
p as places
where raw
metal is fabricated, using machines that operate
on more than one hundred twenty
my volts of current. .
11
Planning Commission
Minutes of 6 -6 -94
Commissioner Kittri
enough information
Martin concurred.
-5-
stated he would be voting no because he does not feel
been submitted for the preliminary plat. Commissioner
The Commission voted as fokws: Ayods -- Fischer, Pearson
Nays-- Anitzberger, Axdahl, Frost, Gerke,
Martin, Pearson, Rossbach, Sigmundik
The motion failed.
Commissioner Rossbaf owed to table a Phalen Lake Townhomes preliminary
plat for more informa and revised 1 (h i
plan, etc.) .
ed lots, drainage plan, tree
P g P
Commissioner nded Ayes - - all
The motion4assed.
VI. NEW BUSINESS
A. Home Occupation License: 1652 Lakewood Dr. (Kimball) (Section 24 -29)
Ken Roberts, Associate Planner, presented the staff report and answered questions
from the Commission.
Shannon Kimball was present at the meeting and explained his request for a home
occupation license. There were no comments from the public.
Commissioner Rossbach said he is concerned with engine degreasing and disposal on
Mr. Kimball's property. Mr. Kimball responded that he uses a biodegradable cleaning
product to degrease the engines and then pumps the filtered wash water into his
backyard flower garden. Mr. Rossbach suggested he bring in the cleaner for staff to
have analyzed.
Commissioner Fischer moved the Planning Commission recommend approval of a
home occupation license for Shannon Kimball at 1652 Lakewood Drive. This license
is to clean vehicles and boats, subject to the following conditions:
1. Mr. Kimball shall follow the Cites home occupation licensing requirements. He
must renew his license annually as required by code.
2. The business may only operate Monday through Saturday from 8 a.m. to 5 p.m.
3. Mr. Kimball shall not clean the customers' vehicles or boats outside.
4. There shall be a 2A -10BC wall- mounted fire extinguisher in the garage.
Planning Commission -6-
Minutes of 6 -6 -94
5. Mr. Kimball shall keep all customers' vehicles on the driveway or in the garage.
6. Mr. Kimball shall not use flammable materials with the home occupation.
7. There shall be no spray painting, body work, engine repair or outside storage of
materials from the business.
8. All cleaning materials shall be biodegradable. Wash water shall be pumped to the
rear yard.
9. The Kimballs shall bring the customers' cars to the business. There shall be no
customers driving to the house.
Commissioner Martin seconded Ayes - -all
The motion passed.
Commissioner Rossbach moved the Planning Commission voice a concern to the City
Council about the runoff created by the engine degreasing process and recommend
further study be given to ensure no environmental damage will result from prolonged
exposure to this use.
Commissioner Gerke seconded Ayes- -all
The motion passed.
B. Schroeder Milk Co., Inc. (2080 Rice Street): Conditional Use Permit and Parking
Reducrion�ection 18) z
Secretary Olso presented the staff report and veered questions from the
Commission.
Kevin Connors, en ' er representing th pplicant, explained plans for this proposal.
Mr. Connors said the p oject will bed e in phases. Carl Schroeder was present and
discussed the project. T Commissio discussed the proposed street accesses and
adjoining properties.
Commissioner Rossbach mo he Planning Commission recommend:
A. Adoption of the resolu on 'ch approves a conditional use permit at 2080 Rice
Street. The permit is o expan a milk processing and distribution facility. The
permit is based on e findings equired by code and subject to the following
conditions:
1. All constoction shall follow the site plan approved by the City. The Director
of Community Development may approve minor changes.
PUBLIC HEARING NOTICE
The Maplewood City Council invites you to a public hearing. This hearing is about a
request for a home occupation license. The applicant is Shannon Kimball. The license
would allow him to clean vehicles and boats in his garage. The location is 1652
Lakewood Drive. The Council will hold this hearing on June 27, 1994 at 7:30 p.m. or
later in the City Hall Council Chambers (1830 East County Road B).
Call Geoff Olson at 770 -4562 for more information.
Sign language interpreters are available. You must request this service at least 96 hours
in advance. Call 770 -4524 to make arrangements.
.PUBLISH: June 15, 1994
ca -�
MEMORANDUM
TO:
City Manager
FROM:
Thomas Ekstrand, Associate Planner
SUBJECT:
Schroeder Milk Company, Inc.
LOCATION:
2080 Rice Street
DATE:
June 3, 1994
INTRODUCTION
Description of the Project
lr+W •... -' ..
Indars
J
Re j ecte� .�",.`"
Da,t
The Schroeder Milk Company, Inc. is proposing to do the following:
g
1. Add 92,515 square feet of building
The addition would include office, warehouse and manufacturing space. The
. g p
additional building is a 68% increase in floor space.
2. Remove an existing storage building
3. Enlarge the pavement and add landscaping
Refer to the site plan on page 10 and the enclosed plans.
Requests
Carl Schroeder, Jr. is representing Schroeder Milk Company, Inc. He is req uesting that
Y q g
the City do the following:
1. Revise the conditional use pernut (CUP) for this expansion
The city previously approved a CUP for this business. The City must amend the
CUP for Schroeder Milk to expand.
2. Reduce the required number of parking spaces from 166 to 99
3. Approve the building design, site, sign and landscape p lans
DISCUSSION
Conditional Use Permit
The City Council should approve this permit. This proposal meets the findings required
by the Code for a CUP. (See the findings on pages 13 and 14 of the attached
I esolution.) The applicant's engineering company has responded to each of the
required findings. (See their statement on page 11.)
Parking
The City Council should allow the proposed number of parking spaces. Schroeder Milk
feels that the parking is enough for their needs. If a problem develops, there is enough
undeveloped land to add more spaces.
Light Glare
The resident at 2097 Rice Street complained about glare from the ornamental lights on
the buildings northwest side. This neighbor was concerned that more lights would
make the problem worse. The design of these lights is the same as those in front of Cit
Hall. The bulb is concealed, but the concave reflector might cause the glare. There is no
way to screen the reflector on this fixture. The applicant should use a lower- intensity
bulb. The Code requires that the applicant screen any new lights so they do not cause
glare.
Grading
We have had a problem with illegal grading. Schroeder has been grading for the past
two years without a permit. The City has since stopped the work. However, the
Schroeders have not cooperated with the City in their requests for Schroeder to stabilize
the slopes. If the Council allows the Schroeders to start work, the Council should
require that the Schroeders stabilize the disturbed slopes before the City issues a
building permit for the work above grade.
RECOMMENDATION
A. Adopt the resolution on page 13. This resolution approves a conditional use permit
at 2080 Rice Street. The permit is to expand a milk processing and distribution
facility. The permit is based on the findings required by Code and subject to the
following conditions:
1. All construction shall follow the site plan approved by the City. The Director of
Community Development may approve minor changes.
2. The proposed construction must be substantially started within one year after
the Council approves this permit or the permit shall end. The Council may
extend this deadline for one year.
3. If the City Council determines there is not enough on -site parking, the Council
may require that the property owner provide additional parking.
4. The City Council shall review this permit in one year.
B. Reduce the required number of parking spaces from 166 to 99.
C. Approve the plans (stamped April 1, 1994) for Schroeder Milk at 2080 Rice Street.
Approval is subject to the findings required by the Code. The developer shall do the
following:
1. Repeat this review in two years if the City has not issued a building
permit for this project.
2. Complete the following before the City issues a building permit:
a. Provide the following for the City Engineer's approval:
(1) A grading, drainage, utility and erosion control plan. The erosion
control plan shall be consistent with the Ramsey Soil and Water
Conservation District Erosion Control Handbook. The utility plan shall
include profile drawings for all new utilities. This plan shall show in
detail the sanitary sewer crossing south of SMH 3 and SMH 4. The
grading plan shall show the existing ontours for the eastern portion
g P
of the site and a plan to stabilize the erosion from the previously
disturbed areas.
(2) Deed to the City a 20- foot -wide water main easement that would be
centered on the north south water main.
b. Stabilize, and seed and mulch the disturbed slopes before the City issues a
permit for work above grade. The City Engineer must approve this work
before the City will issue a building permit,
3. Complete the following before occupying the building:
a. Restore and sod any damaged boulevards.
b. Install handicap - accessible parking spaces and signs that meet the
requirements of the ADA (Americans with Disabilities Act).
3
c. Screen all new roof - mounted equipment visible from streets or adjacent
property. (code requirement)
d. Construct trash dumpster enclosures for any trash containers that are
visible from Rice Street or adjacent properties. The enclosures must match
the building's color and meet the City's specifications. (code
requirement)
e. Pave the parking that is north of the maintenance building and install
continual concrete curbing. (code requirement)
f. Install an in- ground sprinkler system for the new landscaping. (code
requirement)
g. Screen or aim any new exterior lights so they do not directly shine on
public streets or adjacent properties (code requirement). The applicant
shall replace the light bulbs in the ornamental fixtures northwest of the
building with low - intensity bulbs.
4. If any required work is not done, the City may allow temporary occupancy if:
a. The City determines that the work is not essential to the public health,
safety or welfare.
b. The City receives a cash escrow or an irrevocable letter of credit for the
required work. The amount shall be 150% of the cost of the unfinished
work.
C. The City receives an agreement that will allow the City to complete any
unfinished work.
S. All work shall follow the approved plans. The Director of Community
Development may approve minor changes.
4
CITIZENS' COMMENTS
I surveyed owners of the 29 properties within 350 feet of this site. Of the twelve
replies, five had no comment, six were in favor and there was one miscellaneous
comment.
In Favor
1. All new business means jobs and this is good! (Swinborne, 2052 Albemarle Street)
2. It will increase the value of my property. (Dean's Tavern, 1986 Rice .Street)
3. Community employment and betterment. Entirely surrounded by tall growing trees
in double row pattern to effect sound and sight barrier. (Mordorski, 2072
Albemarle Street)
4. They are a good neighbor and deserve the right to expand. (Schwalbach, 2129 Rice
Street)
5. Its a good business!! (Ziegelmeier and Christopherson, 2119 Rice Street)
Miscellaneous Comments
There is too much light glare now. Are there going to be more lights? (Bongard, 2097
Rice Street)
5
REFERENCE INFORMATION
SITE DESCRIPTION
Site size: 9.55 acres
Existing land use: Schroeder Milk Company
SURROUNDING LAND USES
North: Jiffy Lube and Cub Foods
South: undeveloped commercial property
West: Rice Street, commercial businesses in Roseville and a single dwelling
East: undeveloped commercial property
PAST ACTIONS
On November 18, 1976, the City approved a CUP for the original building. There were
no conditions.
On December 15, 1988, the City Council approved Schroeder Milk Company's plans to
expand their facility. The Council also approved 79 parkin g spaces, aces, rather than the 105
spaces that the Code required.
PLANNING
Land use plan designation and zoning: BC (business and commercial)
Ordinance requirements:
Section 36-151(b)(1) requires a CUP for processing and distributing stations for
beverages.
Section 36-448(b) requires an amended CUP for any change involving structural
alteration, enlargement, intensification of use, or similar change not specifically
permitted by the CUP.
Section 36-442(a) states that the City Council may grant a CUP if based on nine
findings for approval. Refer to these in the resolution on pages 13 and 14.
Section 25 -70 of the City Code requires that the CDRB make the following findings
to approve plans:
1. That the design and location of the proposed development and its relationship
to neighboring, existing or proposed developments and traffic is such that it
C
will not impair the desirability of investment or occupation in the
neighborhood; that it will not unreasonably interfere with the use and
enjoyment of neighboring, existing or proposed developments; and that it will
not create traffic hazards or congestion.
2. That the design and location of the proposed development is in keeping with
the character of the surrounding neighborhood and is not detrimental to the
harmonious, orderly and attractive development contemplated b this article
p p Y
and the City's comprehensive municipal plan.
3. That the design and location of the proposed development would provide a
desirable environment for its occupants, as well as for its neighbors, and that it
is aesthetically of good composition, materials, textures and colors.
PUBLIC SAFETY
The director of public safety is suggesting the following:
1. The applicant should install adequate site lighting for around - the - clock.
2. The shrubs by the building should be below window height and away from the
building to prevent someone from hiding.
go \b- 7:schrodermem (18)
Attachments:
1. Location Map
2. Property Line /Zoning Map
3. Site Plan
4. Applicant's Statement of Intended Use dated March 24, 1994
5. Resolution
6. Plans date - stamped April 1, 1994 (separate attachment)
7
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4
IVEJ r' � l 1
... Y;.:al Attachment 4
ni MAR 2 5 1994
SCHROEDER MILK COMPANY, INC. - PAGE 1
2080 RICE STREET
ST. PAUL, MN 55113 �.,...,.�,.,._ ____ _ _ _---- ..- - - - -•�
RE: Responses to requirement number 2, "Criteria for Approval of a L Conditional Use
Permit. " Statement of Intended use for the Schroeder Milk Company,. Inc.
Project No. 9324 -1
Enclosed is our Statement of Intended Use" as requested in the Conditional Use Application.
1. The use would be located, designed, maintained, constructed and operated to be
in conformity with the City's comprehensive plan and Code of Ordinances.
RESPONSE:
Schroeder Milk Company, Inc. is respectfully requesting from the City
permission to expand its present facility on property owned by Schroeder
Milk Company. The proposed addition will conform to. the present
building in color and height, maintained by Schroeder Milk Company and
operated in conformance with local, state and federal guidelines.
2. The use would not change the existing or planned character of the surrounding
area.
RESPONSE:
The planned expansion would not alter the present site grading other than
minor changes around the proposed additions. There will be no new curb
cuts required.
3. The use would not depreciate property values.
RESPONSE:
The current or proposed use definitely "does not" or "will not" depreciate
current property values.
4. The use would not involve any activity, process, materials, equipment or methods
of operation that would be dangerous,. hazardous, detrimental, disturbing, or
cause a nuisance to any person or property, because of excessive noise, glare,
smoke, dust, odor, fumes, water. or air pollutions, drainage water run -off,
vibration, general unsightliness, electrical interference or other nuisances.
RESPONSE:
The proposed TANK HALL, RECEIVING BAY and OFFICE
ADDITION will not alter the present activities at Schroeder Milk
Company, but instead make the operation function more effectively and
efficiently. we feel that the enclosed TANK TRUCK RECEIVING BAY
would reduce any noise and FUMES EMANATING from trucks. Truck
activity is expected to remain at current levels.
Stahiman Engineering Corp.
March 24, 1994
11
SCHROEDER MILK COMPANY, INC.
2080 RICE STREET
ST. PAUL, MN 55113
PAGE 2
Any drainage or water run -:off will be controlled on site by the placement
of catch basins allowing water to enter the underground storm water
system. A sedimentation basin is located at the South side of the site and
will assist in insuring surface water quality. There is no . equipment at
present or planned which will create any sub- surface vibration or electrical
interference, power into the site will remain as is,
5. The use would generate only minimal vehicular traffic on local streets and would
not create traffic congestion or unsafe access on existing or proposed streets.
RESPONSE:
It is not expected that the type of expansion program that the Schroeder
Milk Company is planning will increase vehicular traffic or create any
congestion or unsafe access on existing streets.
6. The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer systems,
schools and parks.
RESPONSE:
Schroeder Milk Company does not anticipate any increased demands on
public facilities, services and/or utilities currently servicing the area.
7. The use would not create excessive additional costs for public facilities or
services.
RESPONSE:
The use would not create any additional costs for public facilities or
services. -
8. The use would maximize the preservation of and incorporate the site's natural and
scenic features into the development design.
RESPONSE:
Schroeder Milk Company is a business enterprise tocated in a commercial
area with service type businesses on either side and across from them.
We have attempted to maximize the use of landscaping where practical.
9. The use would cause minimal adverse environmental effects.
RESPONSE:
The present and future use of this facility does not and will not cause or
create any adverse environmental effects to the community.
Stahhnan Engineering Corp. March 24, 1994
12
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Carl Schroeder, Jr. applied for a conditional use permit to expand a dairy
product processing and distribution facility.
WHEREAS, this permit applies to 2080 Rice Street. The legal description is:
Subject to Hwy; in Irene's Addition; vacated streets and alleys accruing and blocks 1
thru 3; and in said Section 18, Township 29, Range 22, ,the South 400 feet of Part of
West 1/2 of Northwest 1/4 North of Irene's Addition and the North 200 feet of Part
of West 1/2 of Northwest 1/4 South of Irene's Addition in Section 18 Townshi p 29
Range 22.
WHEREAS, the history of this conditional use permit is as follows:
1. On ,Tune 6, 1994, the Planning Commission recommended that the City Council
this permit.
2. On June 27, 1994, the City Council held a public hearing. City staff published a
notice in the paper and sent notices to the surrounding property owners. The
Council gave everyone at the hearing a chance to speak and present written
statements. The Council also considered reports and recommendations of the City
staff and Planning Commission.
NOW THEREFORE, BE IT RESOLVED that the City Council approve the above -
described conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be
in conformity with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding
area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods
of operation that would be dangerous, hazardous, detrimental, disturbing or
cause a nuisance to any person or property, because of excessive noise, glare,
smoke, dust, odor, fumes, water or air pollution, drainage, water run -off,
vibration, general unsightliness, electrical interference or other nuisances.
13
5. The use would generate only minimal vehicular traffic on local streets and would
not create traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer systems,
schools and parks.
7. The use would not create excessive additional costs for public facilities or
services.
8. The use would maximize the preservation of and incorporate the site's natural
and scenic features into the development design..
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the City. The Director of
Community Development may approve minor changes.
2. The proposed construction must be substantially started within one year after the
Council approves this permit or the permit shall end. The Council may extend
this deadline for :one year.
3. If the City Council determines there is not enough on -site parking, the Council
may require that the property owner provide additional parking.
4. The City Council shall review this permit in one year.
The Maplewood City Council adopted this resolution on June 27, 1994
14
Planning Commission -
Minutes of 6 -6 -94
5 Mr. Kimball shall keep all customers' vehicles on the driveway or in the garage.
6. Mr. Kimball shall not a flammable materials with the home occupation.
7. There shall be no spray F t:g dy v�ar engine repair or outside storage of
materials from the busines
8. All cleaning materials shall . bind dable. Wash water shall be pumped to the
rear yard.
9. The Kimballs shall bring the tourers' cars to the business. There shall be no
customers driving to the ho se.
Commissioner Martin sewn d Ayes - -all
The motion passed.
Commissioner /Rb h moved the Pl Commission voice a concern to the City
Council about off created by th e en ' e degreasing process and recommend
further study b to ensure no enviro ental damage will result from prolonged
exposure to
Commissiop6r Gerke seconded Ayes - -ail
The mo)Xon passed.
B. Schroeder Milk Co., Inc. (2080 Rice Street): Conditional Use Permit and Parking
Reduction (Section 18)
Secretary Olson presented the staff report and answered questions from the
Commission.
Kevin Connors, engineer representing the applicant, explained plans for this proposal.
Mr. Connors said the project will be done in phases. Carl Schroeder was present and
discussed, the project. The Commission discussed the proposed street accesses and
adjoining properties.
Commissioner Rossbach moved the Planning Commission recommend:
A. Adoption of the resolution which approves a conditional use permit at 2080 Rice
Street. The permit is to expand a milk processing and distribution- fa 11A
permit is based on the findings required by code and subject to the following
conditions:
1. All construction shall follow the site plan approved by the City. The Director
of Community Development may approve minor changes.
Planning Commission -7-
Minutes of 6 -6 -94
2. The proposed construction must be substantially started within one year
after the Council approves this permit or the permit shall end.. The Council
may extend this deadline for one year.
3. If the City Council determines Mere is not enough on -site par king, the
Council may require owner provide additional parking.
q ire that the property
4. The City Council shall review this permit in one year.
B. Reduction of the required number of parking spaces from 166 to 99. If the City
Council determines there is not enough on -site parking, the Council may require
that the property owner provide additional par king.
Commissioner Martin seconded Ayes- -all
The motion passed.
C. City Tour
The Commission chose Tuesday, July 19 as the date for the City tour.
D. July 4 Meeting
The Commission rescheduled the July 4 meeting to July S.
VII. UNFINISHED BUSINESS
A. Commercial Property Study
The Co 'ssion discussed the staffs reco endations. The Design Review Board's
recomm dation was reviewed. They scussed the Chanhassen lanciscaping
ordinanc It was decided to incl the monetary standards, vehicular, foundation
and aesth tic plantings, landsc ing materials, and d�fini�rions portions. of the
Chanhasse landscaping or ' ance in their one -year evaluation period. It was decided
staff will p other subur an cities for their requirements on parking uses and how
they handle hanges " ose uses.
VIII. VISITOR PRESENT)�TIQINS
There were no visit'or presentations.
. IX. COMM ISSIOORESENiSATIONS
A. May i3 Council Meeting: Commissioner Fischer reported on this meeting.
B. Representative for the June 13 Council Meeting: Commissioner Rossbach
MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD
1830 EAST COUNTY ROAD B. MAPLEWOOD, MINNESOTA
JUNE 14, 1994
I. CALL TO ORDER
Chairperson E *ck
II. ROLL CALL
Marvin Erickson
Michael Holder
Marie Robinson
Bruce Thompson
Roger Anitzberger
APPROVAL OF MI
on called the meeting to Q'rder at 7:00 p.m.
resent
sent
P sent
Ab nt
Pres nt
INUTES
A. May 24, 1994
Boardmember Ani Berge moved approval of the minutes of May 24, 1994 as
submitted.
Boardmember
obi seco ded Ayes - -all
IV. APPROVAL OF GENDA
Boardmember obinson moved appr val of the agenda as submitted.
Boardmemb Anitzberger seconded Ayes - -all
V. UNFINISH D BUSINESS
There w s no unfinished business.
VI. DESIGN REVIEW
A. Building Expansion - Schroeder Milk, 2080 Rice Street (Section 18)
Carl Schroeder was present representing the applicant. Mr. Schroeder said he
reviewed the recommended conditions in the staff report and was in agreement
with them. He said he will be working with the City Engineer to create a plan to
stabilize the slopes on the east end of the property. Mr. Schroeder said they will
p
use a material on the exterior of the addition to match the existing building. Mr.
Schroeder said the cooler and warehouse portion of the project proposed for the
east side of the site will be delayed between three and five years. He explained
Community Design Review Board -2-
Minutes of 6 -14 -94
that at this time the drawings for that area are conceptual plans only. The receiving
bays and office portions of the protect proposed for the south side of the site will
be constructed at this time.
Boardmember Antzberger moved the Community Design Review Board
recommend:
A. Adoption of the resolution which approves a conditional use permit at 2080
Rice Street. The ermit is to expand a milk processing and distribution facility.
P P
The permit is based on the findings required by code and subject to the
following conditions:
1. All construction shall follow the site plan approved by the City. The
Director of Community Development may approve minor changes.
2. The proposed construction must be substantially started within one year
after the Council approves this permit or the permit shall end. The Council
may extend this deadline for one year.
3. If the City Council determines there is not enough on -site parking, the
Council may require that the property owner provide additional parking.
4. The City Council shall review this permit in one year.
B. Reduction of the required number of parking spaces from 166 to 99.
C. Approval of plans .(stamped April 1, 1994) for Schroeder Milk at 2080 Rice
Street. Approval is subject to the findings required by the code. The developer
shall do the following:
1. Repeat this review in two years if the City has not issued a building
permit for this project.
2. Complete the following before the City issues a building permit:
a. Provide the following for the City Engineer's approval:
(1) A grading, drainage, utility and erosion control plan. The erosion
control plan shall be consistent with the Ramsey Soil and Water
Conservation District Erosion Control Handbook. The utility plan
shall include profile drawings for all new utilities. This plan shall
show in detail the sanitary sewer crossing south of SMH 3 and
SMH 4. The grading plan shall show the existing contours for the
eastern portion of the site and a plan to stabilize the erosion
from the previously disturbed areas.
Community Design Review Board -3-
Minutes of 6 -14 -94
(2) Deed to the City a 20- foot -wide water main easement that would
be centered on the north /south water main.
b. Stabilize, and seed and mulch the disturbed slopes before the City
issues a pernut for work above grade. The City Engineer must
approve this work before the City will issue a building permit.
3. Complete the following before occupying the building:
a. Restore and sod any damaged boulevards.
b. Install handicap- accessible parking spaces and signs that meet the
requirements of the ADA (Americans with Disabilities Act).
C. Screen all new roof - mounted equipment visible from streets or
adjacent property. (code requirement)
d. Construct trash dumpster enclosures for any trash containers that are
visible from Rice Street or adjacent properties. The enclosures must
match the buildings color and meet the City's specifications. (code
requirement)
e. Pave the parking that is north of the maintenance building and install
continual concrete curbing. (code requirement)
f. Install an in- ground sprinkler system for the new landscaping. (code
requirement)
g. Screen or aim any new exterior lights so they do not directly shine on
public streets or adjacent properties (code requirement). The
applicant shall replace the light bulbs in the ornamental fixtures
northwest of the building with low- intensity bulbs.
h. The new exterior shall match the texture and color of the existing
building. The exterior of the office area which faces Rice Street shall
be a tan brick, subject to staff approval.
i. Pave the area between the new parking and the maintenance
building that is currently gravel.
4. If any required work is not done, the City may allow temporary occupancy
if
Community Design Review Board
Minutes of 6 -14 -94
Ma
a. The City determines that the work is not essential to the public
health, safety or welfare.
b. The City receives a cash . escrow or an irrevocable letter of credit for
the required work. The amount shall be 150% of the. cost of the
unfinished work.
C. The City receives an agreement that will allow the City to complete
any unfinished work.
5. All work shall follow the approved plans The Director of Community
Development may approve minor changes.
6. Phase II, the easterly addition, is not approved and shall be resubmitted .
for approval.
Boardmember Robinson seconded Ayes- -all
Kevin Connors, engineering representing Schroeder Milk, asked the Board for
clarification on the tY'P a of brick sample they require from Schroeder Milk.
P
VII. VISITOR PRESENTATIONS
There were�io visitor presentations.
VIII. BOARD PRESENTATIONS
Boardmember Rob on asked si
regarding their com ercial prop
reported.
for an update on the Planning Commission's actions
study. Boardmember Anitzberger and staff
A. Interviews for Com*updty Design Review hoard Vacancy
The Board intervieyl'e�he two applicants, John Gaspar and Ananth Vidyashankar.
The Board then d�cuss d the qualifications of the applicants.
Boardmembet tzberge owed the Community Design Review Board recommend
the City Couppoint th Vidyashankar to the Community Design Review
Board to fill resent vac cy.
Boardmember Robinson seconded Ayes- -all
PUBLIC HEARING NOTICE
The Maplewood City Council invites you to a public hearing. The applicant is Schroeder
Milk Company, Inc. The location is 2480 Rice Street. This hearing is about a request to:
1. Add 92515 square feet of building
2. Remove an existing storage building
3. Enlarge the pavement and add landscaping
Schroeder Milk Company, Inc. is requesting that the City:
1, Revise the conditional use permit for this expansion
2. Reduce the required number of parking spaces from 166 to 99
3. Approve the building design, site, sign and landscape plans
The Council will hold this hearing. on Monday, June 27, 1994 at 7:45 p.m,, or later in
the City Hall Council Chambers (1830 East County Road B).
Call Geoff Olson at 770 -4562 for more information.
Sign language interpreters are available. You must request this service at least 96 hours
in advance. Call 770 -4524 to make arrangements.
PUBLISH: June 15, 1994
i
G -s
MEMORANDUM
TO City Manager
FROM: Ken Roberts, Associate Planner
SUBJECT: Phalen Lake Townhomes
LOCATION: South of Frost Avenue and west of English Street
APPLICANT: K and J Corporation (Jeffrey Schoenwetter)
DATE: June 1, 1994
CONTENTS
INTRODUCTION
Project Description 2
Requests 2
BACKGROUND
DISCUSSION
Land Use Plan and Zoning Changes
Traffic 4
Preliminary Plat 4
Density 4
Park Land 4
Trail 4
Trees 5
Streets and Utilities 5
RECOMMENDATION
CITIZEN COMMENTS
REFERENCE
SITE DESCRIPTION 11
SURROUNDING LAND USES 11
PAST ACTIONS THIS SITE 11
PLANNING 12
HOUSING POLICIES 12
TRAFFIC 14
SOILS 15
OPEN SPACE 15
Page 2
Page 3
Page 3
3
Page 5
Page 8
Page 11
Aotion by CounOiIV
Endorse --
Modified
Rejecte
Date
INTRODUCTION
Project Description
The K and J Corporation wants to create lots for 103 multiple dwellings. Jeffrey
Schoenwetter is representing the K and J Corporation. The project's name is Phalen
Lake Townhomes. It is south of Frost Avenue and west of English Street. (See the maps
on pages 16 and 19.) This site does not include the 7.5 acres on the corner of Frost
Avenue and English Street. The owner has no plans for the corner. The City has
planned and zoned the corner for commercial use.
The developer has not decided whether they will build the town houses or sell the lots
to someone else. So, they have not submitted building plans. A homeowners'
association would own and maintain all the streets, drives, utilities and common areas.
The preliminary plat shows a trail to Gloster Park. (See the preliminary plat on page
2.1.)
Requests
Mx Schoenwetter is requesting that the City do the following:
1. Change the City's land use plan map as follows:
a. The R -2 (single and double dwellings) classification on the west side of the
site would become R -3(M) (medium density residential).
b. Some of the R -3(M) on the south side of the site would become R -2.
C. Outlot D would change from R -3(M) to P (park).
(See the maps on pages 17 and 18.)
2. Change the City's zoning map as follows:
a. The R -2 (single and double dwellings) zone on the west side of the site would
become R -3 (multiple dwellings).
b. Some of the R -3 zone on the south side of the site would become R -2.
(See the maps on pages 19 and 20.)
3. Approve a preliminary plat for 103 lots. The plat includes Outlots C and D for park
and Outlot B for a drainage pond. The proposed plat shows lots for 114 units (100
town home lots and 14 double dwelling lots). (See the proposed plat on page 21.)
2
To meet the City's density requirements, Mr. Schoenwetter has agreed to reduce
the number of buildable lots to 103.
Eventually, a developer will need to have the City approve the building and landscaping
plans. The City will notify the surrounding residents of this meeting.
BACKGROUND
On December 13, 1993, the City Council tabled requests by Good Value Homes for 184
town homes. until January 24, 1994. The site was the entire parcel at the southwest
corner of English Street and Frost Avenue, includ the . corner commercial�operry. _
The requests included a -land use plan change to R -3(H) high density residential. (See
the plan on page 22.) The Council tabled this project to allow the developer to review
their plans.
Can January 14, 1994, the property owner (Mr. Schoenwetter) asked for a time
extension until February 28, 1994. Good Value Homes had dropped out of the project
so Mr. Schoenwetter wanted time to revise the plans. The Council granted a time
extension until February 28, 19940
On February 28, 1994, Mr. Schoenwetter submitted a similar plan to the current
proposal. The Council denied the project because it was a new plan and the Council
wanted new applications. The Council did vacate Frank Street between Frost Avenue
and the south line of Gloster Parka
DISCUSSION
Land Use Plan and Zoning Changes
The City does not require specific findings to change the land use plan. However, a land
use plan change should be consistent with the goals and policies in the Comprehensive
Plan.. The applicable goals and policies are on pages 12 -13. This project is consistent
with these goals and policies.
The City is planning the proposed town house site for R -2 (single and double dwellings)
and R -3M (residential medium density). (See the land use plan on page 17.) Changing
the R -2 on the west side of the site to R-3(M) makes sense. The City does not need the
R -2 strip for a buffer because it abuts a business, drainage pond and park. The R -2 zone
along the site's south side is an unusable strip. The Council left this strip after rezoning
the north side of Frisbie Avenue for single dwellings. Changing the R-3(M) to R -2
would provide a transition zone between the R-3(M) to the north and the R -1 (single
K
dwellings) to the south. The BC (business commercial) classification on the corner
would remain.
Traffic
This project would not change the amount of potential traffic from this site. The
developer could build the same number of units with or without the land use and
zoning changes. The land use and zoning changes only affect the location and type of
wets. The 103 units would be within the design capacity of Frost Avenue and English
Street. (See the traffic section on page 13.) Traffic would not go through the residential
neighborhood on Frisbie Avenue.
Preliminary Plat
Density
The developer will need to drop eleven units to meet the City's density requirements.
He should change the five -unit building at the southwest corner of the site to a double
dwelling. This change would create a buffer of double dwellings between the town
houses to the north and the single dwellings to the south.
Park Land
The parks plan states that the City will consider expanding seven parks, including
Gloster Park. The City is using part of Outlot D for soccer fields. Maplewood has a
drainage easement over this property but not a park easement. On October 18, 1993,
the Park and Recreation Commission recommended that the City buy an area of 150
feet by 240 feet (Outlot D). Outlot D is 149 feet by 286 feet. On May 16, 1994,. the
Parks and Recreation Commission reaffirmed this recommendation. The developer
should change the size of Outlot D to conform to the Parks Commission's
recommendation. The Parks Commission does not plan to buy Outlot C.
The City must give credit on the park availability charges if the City requires that a
developer dedicate park land. Section 21-57(c) of City Code states that "Those new
housing units to be built in subdivisions which have been p latted, and in which have
been dedicated acceptable public park land as a part of the plat, shall be given credit to
the extent of land dedicated or cash paid on a pro rata basis." In this case, the value of
Outlot D has been diminished. The City has paid for a drainage easement and given the
developer density credit for this Outlot.
Trail
The proposed plan (page 21) shows a trail from the commercial corner to Gloster Park.
The developer should pave this trail. It should be eight feet wide. The proposed trail
4
would cross the drainage easement to Gloster Park. The developer should extend the
trail to Frisbie Avenue over the east one -half of the Frank Street right -of -way.
Trees
Large trees (8 inches or greater in diameter) are scattered throughout the property.
Most of these trees are cottonwoods on the northern part of the property. The City's
tree ordinance does not protect cottonwoods or trees that are less than eight inches in
diameter. The developer will be dropping eleven units from the proposed plan. He
should reconfigure the lots to save as many large trees as possible.
Streets and Utilities
The developer is proposing privately -owned streets and utilities. There would be no
costs to the City or to the neighbors. The homeowners' association would maintain the
streets and utilities.
RECOMMENDATIONS
A. Adopt the resolution on page 30. This resolution changes the land use plan on the
west side of the site from R -2 (single and double dwellings) to R-3(M) (residential
medium density) and P (Park). The south side of the site would change from R-
3(M) to R -2. These changes are for the following reasons:
1. They would be consistent with the Comprehensive Plan's goals and objectives.
2. Changing the R -3(M) to R -2 would provide a transition zone between the
R -3(M) to the north and the proposed single dwellings to the south.
3. On the west side of the site, the City does not need the R -2 strip for a buffer
because it abuts a commercial use- drainage pond and pa
B. Adopt the resolution page 31. This resolution changes the zoning on the west side
of the site from R -2 (single and double dwellings) to R -3 (multiple dwellings).. The
south side of the site would change from R -3 to R -2.
C. Approve the Phalen Lake Townhomes preliminary plat (received by the City on
May 31, 1994). The developer must complete the following conditions before the
City Council approves the final plat:
1. Have the City Engineer approve final construction and engineering plans.
These plans shall include: grading, utility, drainage, erosion control, tree,
5
easement, driveway and street plans. These plans shall meet the following
conditions:
a. The erosion control plan shall be consistent with the Ramsey Soil and
Water Conservation District's Erosion and Sediment Control Handbook.
b. The grading plan shall include proposed building pad elevation and
contour information for each home site.
C. The street and driveway plans shall show concrete curb and gutter, except
the driveways for the individual es. ara
g g
d. The tree plan shall show all existing large trees and the large trees that
the developer plans to remove. The Director of Community Development
must approve this plan before grading begins or before the City approves
the final plat.
2. The City Engineer may require grading on Phase II with Phase I if Phase II
grading is needed for Phase I.
3. Sign an agreement with the City that guarantees that the developer or
contractor will:
a. Complete all work that is on the approved plans or required by the City.
b. Place temporary orange snow fencing and signs at the grading limits.
C. Have NSP install street lights in two locations. These lights shall be on the
corner of Frost Avenue and Duluth Street and on the corner of English
Street and Summer Avenue. The exact location and type of lights shall be
subject to the City Engineer's approval.
d. Construct an eight- foot -wide paved trail from the existing commercial
corner to Gloster Park and Frisbie Avenue. The developer shall extend the
trail on the site plan to Frisbie Avenue over the east one -half of the Frank
Street right -of -way. The developer shall build this trail with the Phase I
streets and driveways. This trail shall be subject to the approval of the
Director of Parks and Recreation and the City Engineer.
e. Pay the City for the cost of street signs.
f. Install "No Parking" signs as follows:
(1) On one side of streets that are 28 feet wide
(2) On both sides of streets that are less than 28 feet wide
g. Remove any junk, debris. or tires from the site.
h. Provide all easements required by the City.
4. Submit a revised preliminary plat for the approval of the Director of
Community Development. The revised plat shall show the following changes:
a. Label the common open space as a Outlot B.
b. Reduce the length of Outlot D from 286 feet to 240 feet and increase the
width from 149 feet to 150 feet. Dedicate Outlot D as park and remove
the park dedication label on Outlot C. Drop Outlots C and B and
incorporate them into the new Outlot B (the common open space).
C. Move the town houses one foot to the east.
d. Reduce the number of units to 103. Reconfigure the remaining units to
save as many large trees as possible.
e. Change the five -unit building at the southwest corner of the site to a
double dwelling.
f. Increase the size of the double - dwelling lots to meet the City's maximum
lot coverage requirement of 30% of the lot area.
g. Provide at least eighteen feet for each of the driveways to the individual
units.
h. Label the north south street Duluth Street and the east /west street
Summer Avenue.
i. Show lot and block numbers.
5. Submit home owners' association documents for the director of community
development's approval. These documents shall show how the association will
maintain the common land.
If the developer decides to final plat part of the preliminary plat, the City may
waive any conditions that do not apply to the final plat.
7
CITIZEN COMMENTS
In 1993, the staff sent surveys to the owners of the 68 properties within 354 feet of the
site. This survey requested their opinion of the 184 town houses ro osed b Good
p p Y
Value Homes. We did not do a new survey for the current proposal. Of the seventeen
replies, four were for, nine were opposed and four had no comment.
For
1. We would like to see the property developed. (Gammel - Shoreview)
2. I would like to see more of the four -unit buildings, they have better resale value.
(Wothe - 1217 Frost Avenue)
3. It would put to good use an area that has been vacant for many years since the
railroad shops moved out. I would hope that this development might increase the
value of my small piece of property which is directly across Frost Avenue .from the
project. (Comford -Saint Paul)
Opposed
1. You've got to be kidding! ! ! Why do we need town homes in such a restricted area.
The pollution, the noise and the crime increase. Our animal friends are quiet, clean
and fun to have around. I would accept g
single dwellings. (Schnaith - 1220 Frisbie
g
Avenue)
2. We object to the building of the 14 single- family homes across from our house. My
wife and I realize that the development of the property is inevitable, but
constructing so much housing in this area doesn't sit well with us. The town house
concept is good, (we may want one ourselves), but a buffer zone of trees between
Frisbie and the town houses would be acceptable. (Clark - 1230 Frisbie Avenue)
3. I believe this is too many town houses in one small area. You cannot guarantee
that these town houses will not be rented, and that is almost always the case.
Town houses have a low resale value. At $60,000, the people who buy these are
usually first -time home buyers and will eventually have to rent before finally
reselling. I'm also opposed to the traffic at 176 units -2 cars per unit. That is 352
cars dumping onto Frost Avenue and English can't handle it that close to an
intersection. This will also bring down our home value since the average home is
$80,000 - we are going backwards with $60,000 homes in the area. (Mackenroth -
1246 Frisbie Avenue)
4. I don't think the developer knows want they want. If you put in 176 units, that is
about 352 autos and all dumping onto English and Frost and for the 14 houses on
8
Frisbie that's 28 cars or more. The City can't control the traffic on this street now,
what are they going to do when these houses are built? You haven't said what the
price range of the houses is. I still don't want to see low housing r rentals but you
g Y
can't tell me. I'd like to see the land stay the way it is. So I have to say no.
(Thompson - 1254 Frisbie Avenue)
5. There are no recreation facilities planned and Gloster Park provides meager play
area for the present community. The higher population density is unacceptable.
(Miles - 1280 Frisbie Avenue)
6. I object to the changes from R -2 and R -3(M) to R -3(H). I approve elimination of
BC. Preferable would be R -1, secondly, R -1 and R -2. The proposal would be an
increase of 60 units and potentially 240 (4 per unit) more residents. This is
primarily asingle- dwelling neighborhood and to add 176 homes (4 persons per
family) would add 700 plus more residents and possibly 350 plus students to our
schools. In my opinion, that is much too dense for that size property. An eight -unit
building is not acceptable. Single is ideal, double would be acceptable (possibly 4
units). Throughout this area of Maplewood there are many existing town houses
and apartment buildings (with vacancies and for sale signs). Within 4 blocks there
are already two trailer parks, one large and one small apartment building. In
summary, I prefer R -1, R -2. In any case, do not change R -3(M) to R -3(H).
Eliminate BC. I agree with the vacation of Frank Street and with the design if the
vinyl siding is high grade. (Barrett - 1149 Ripley Avenue)
7. Too many town houses for that space. With such a nice large space and large trees,
a nice opportunity is available to make a nicer more open plan to better utilize this
park -like area! (Drexler - 1175 Ripley Avenue)
8. It will reduce my property value. Owner- occupied only. (Moeber - 1199 Ripley
Avenue
9. I am very concerned over the high density population and traffic problems
associated with that density. Would prefer the 116 -unit development. (Benjamin -
1955 English Street)
Staff also received comments from 32 property owners that own property more than
350 feet from the site. One of these was for the project and 31 were opposed.
For
I think some kind of development is long overdue. The field has never been maintained;
the elms are diseased, it is one big junk and garbage depository, it emanates a stench
on windy days (maybe dog excrement); .it's a hazard for young children and a
temptation to older. In short, use it. (Hill- 1210 Belmont Ln. E.)
0
Opposed
1. Keep it as a natural, wild, or open land. This development will result in the loss of
wildlife habitat.
2. Make it into a park or keep or buy as open space.
3. Single - family homes would be acceptable.
4. It will create drainage problems.
5. Traffic volume may exceed the capacity of the surrounding roads and may create
problems at the intersection of Frost Avenue and English Street.
6. Town homes tend to be re- rented - the units may become rental units.
7. Opposed to rental property and the problems it produces.
Staff response: Each of the proposed town houses would be sold as individual
units, not rented.
8. Sewage upgrades and costs may be borne by existing homeowners.
Staff response: The City Engineer told me that the existing sanitary sewer in Frisbie
Avenue is large enough to handle the sewage from the proposed development. The
City would not be improving the sewers or streets because of this project.
90 It will overcrowd the available property. (Too many units in a small area.)
14. The impact of the large number of children generated by the development on
schools, play areas and the neighborhood.
11. Decrease in property values.
12. There will be more crime and vandalism.
10
REFERENCE
SITE DESCRIPTION
Area: 17.2 acres for the town house and double - dwelling site
Existing land use: Undeveloped
Property Owner: K and J Corporation
SURROUNDING LAND USES
North: Undeveloped 7.5 -acre area on the southwest corner of Frost and English
planned and zoned for commercial uses and businesses across Frost Avenue.
East: The L +L Hall and a mobile home park across English Street,
South: Undeveloped land on the north side. of Frisbie Avenue and houses across
Frisbie Avenue. The City has approved a preliminary plat for single dwellings
on the north side of Frisbie Avenue.
West: Gloster Park and a commercial storage yard across the vacated Frank Street
right -of -way.
PAST ACTIONS —THIS SITE
The Burlington Northern Railroad first used this site to repair trains. Whirlpool
Corporation later used the buildings for storage. They removed the buildings in about
1980.
February 27, 1984: The City Council changed the land use plan and zoning map for this
site. Maplewood was planning most of this property for SC (service commercial) with
some RM (residential medium density) at Frisbie Avenue and Frank Street. The Council
changed the land use plan to RM for most of the lot with some SC at the corner of
English Street and Frost Avenue. In addition, the Council changed the zoning from M -2
(heavy manufacturing) to the current zoning. Maplewood made these changes as part of
a City -wide zoning and land use plan study. The Council approved the land use and
zoning classifications based on a concept plan from the property owner. (See the
concept plan on page 23.) This concept plan shows 58 double - dwelling units and 88
town homes. This is a total of 146 units (6.2 units per acre).
October 12, 1992: The Council approved a land use plan change and the Frisbie Hill
preliminary plat. The land use plan change was from RM (residential medium density)
to RL (residential low density). This preliminary plat was for fourteen single- dwelling
11
lots on the north side of Frisbie Avenue. The plat's name is Frisbie Hill. (See the
preliminary plat on page 24.)
October 26, 1992: The Council changed . the zoning map for the Frisbie Hill preliminary
plat site. This change was from R -2 (single and double dwellings) to R -1 (single
dwellings).
PLANNING
The Phalen Townhome project would have 103 town homes (6.0 town homes per acre).
For. comparison, I calculated the density of several other multiple- family projects that
the City has approved:
Name Location
Crestview
Forest Sterling and Mailand
Linwood
Heights Hillwood and Dorland
Maplewood
Hills Quads Dorland and Mailand
# of Units Site Size Density (units /acre)
127 36 acres 3.5
74 13.4 acres 5.5
44 5.7 acres 7.7
Unnamed & Unbuilt*
McKnight and Londin 176 20.5 acres 8.6
Holloway
Pond Holloway and Furness 24 5.42 acres 4.4
Townhomes
*The City Council approved a conditional use permit (CUP) for a planned unit
development (PUD) for this project in 1988. The developer never built the project and
the CUP has expired.
HOUSING POLICIES
The land use plan has eleven general land use goals. Of these, three apply to this
proposal. They are: minimize land planned for streets, minimize conflicts between land
uses and provide many housing types. The land use plan also has several general
development and residential development policies that relate to this project. They are:
12
- Transitions between distinctly differing types of land uses should not create a
negative economic, social or physical impact on adjoining developments.
- whenever possible, changes in types of land uses should occur so that similar uses
front on the same street or at borders of areas separated by major man -made or
natural barriers.
Include a variety of housing types for all types of residents, regardless of age, ethnic,
racial, cultural or socioeconomic background. A diversity of housing types should
include apartments, town houses, manufactured homes, single - family housing, public-
assisted housing and low- to moderate - income housing, and rental and owner -
occupied housing.
- Protect neighborhoods from encroachment or intrusion of incompatible land uses by
adequate buffering and separation.
The housing plan also has policies about housing diversity and quality that the City
should consider with this development. They are:
- Promote a variety of housing types, costs and ownership options throughout the City.
These are to meet the life -cycle needs of all income levels, those with special needs
and nontraditional households.
- The City will continue to provide dispersed locations for a diversity of housing styles,
types and price ranges . through its land use plan.
The City's long -term stability of its tax base depends upon its ability to attract and
keep residents of all ages. To do so, the City must insure that a diverse mix of housing
styles is available in each stage of the life cycle of housing needs.
TRAFFIC
The increased traffic from this project would fall within the County's design standards.
Short, Elliot and Hendrickson (SEH), traffic engineers, told us that The Institute of
Traffic Engineers projects that town homes generate an average of seven vehicle trips
per day. Seven trips per day per unit translates into 721 vehicle trips per day for the
proposed 103 town homes.
The land use plan shows Frost Avenue as a minor arterial street. It is a four -lane road
from Ide Street to Highway 61. The most recent traffic counts by the County showed
that Frost Avenue, west of English Street, had 6,450 vehicles per day and east of
English Street it had 7,650 vehicles per day. (I have shown the traffic counts on the
13
map on page 25.) This project would add no more than 400 trips per day on Frost
Avenue. The design capacity of Frost Avenue is about 15,000 vehicles per day.
The land use plan shows English Street as a major collector street. It is a two -lane road
with on- street parking. In addition, the traffic counts showed that English Street south
of Frost Avenue had 3,800 vehicles per day. They also showed English Street north of
Frost Avenue had 6,000 vehicles per day. This development would add no more than
400 trips per day to English Street. The design capacity of English Street is about 8,000
vehicles per day.
The Frost Avenue /English Street intersection now has a 4 -way stop. The County Traffic
Engineer told me that this intersection does not meet the minimum standards for a
traffic control signal system. He said that the County would regularly check the traffic
volumes and conditions at the intersection. When the intersection meets the standards
for traffic signals, the County would put them in their work program.
SOILS
The Ramsey Soil and Water Conservation District informed us that the soils are
generally well- suited for development. A possible high water table during wet seasons
may cause problems.
OPEN SPACE
Many neighbors prefer to keep this whole property for open space or a park.
Maplewood would have to buy this property to keep it as open space. In 1992, the
Maplewood Open Space Committee rated 66 sites for permanent open space. This site
tied for sixth place with two other sites. The Committee ranked this site first of two
sites in the Gladstone neighborhood. The Committee strongly recommended that the
City buy nineteen sites. On November 2, 1993, the voters approved a $5 million bond
issue for open space. The Council has not yet decided which sites to buy. This site was
one of them. The City is having this site appraised.
The City Attorney advised me that the decision on buying this site for open space
should not affect the land use plan and zoning decisions. The City cannot use land use
controls to get a better price on land they intend to buy.
14
go:b- 7:phalen4.gmk (16)
Attachments:
1. Location Map
2. Land Use Plan Map (Existing)
3. Land Use Plan Map (Proposed)
4. Property Line /Zoning Map (Existing)
5. Property Line /Zoning Map (Proposed)
6. Proposed Phalen Lake Townhomes Plat
7. 1993 Proposed Town House Plan
8. 1984 Concept Plan
9. Frisbie Hill Preliminary Plat
10. Traffic Count Map
11. Letter from the Maplewood Bowl
12. Letter from Susan Broin
13. Berdie /Christensen Letter
14. Land Use Plan Change Resolution
15. Zoning Map Change Resolution
16. Site Plan stamped May 23, 1994 (separate attachment)
15
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EXISTING LAND USE PLAN
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23
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W ENTERTAINMENT
CENTER • 774 -8787
1955 ENGLISH ST.
40LANESMAPLEWOOD, MN 55109
October 10, 1992
.Mr. Geoff Olson
Maplewood City Hall
1830 E. County Road B
Maplewood, MN 55109
Dear Mr. Olson:
OCT I Y . j
As we discussed on the telephone, please advise the members of
the City Council that the Maplewood Bowl and Fun Mall has made
the following recommendation:
We feet it would be in the best interests (if not imperative) for
the future survival of our business that the K -J property on the
SW corner of Frost and English be developed with the highest
density of population possible. We need more bodies! That would
suggest that the property be developed in the area of apartment
housing or high- traffic commercial business. It is our sincere hope
that this recommendation be considered seriously.
Thank you, Warmest regards.
MAPLE WOOD BOWL., INC.
Delaano D. Benjamin,
26
�_�;_ ;: = . �_� 1 : �_�^ Tt= iL.�L± '.;'i =i� It Ji LHL�:� ,1:=' �'�'�+� �t =�r�, f ...�0 . =0 POI
F CI --i, A 0 1
e710 - q _�O�
Susan E. Broin
_ ._. _. .__ .._..._.._._._ _..._...... _ ..
1221 Ripley Avenue
Maplewood MN 55109 -4321
August 23, 1993
Kenneth Roberts
Associate Planner
City of Maplewood
1830 E. County Road B
Maplewood, MN 55109
Re: Development App for Phalen Lake Townhomes
Dear Mr. Roberts:
Attachment 12
l �r
A }
AUG
Pleaae oonaidor thi.a lottor my roe ponee to your request: for my
opinion on the above - referenced matter. I am opposed to the
development.. Listed below are some of my concerns.
Y 1 i 1 ida L.�,���a11 , l.I �L-, .� -- ,G ., ,. �. .* 7 .•
ZQ V i J 4QYClQ G ♦l V.� v1.. ..•..,+. .. . ..r
per day is 10. with the addition of 176 townhomes and 14 single
family homes to the neighborhood, the number of cars travelling on
local roads would increase by 1900 daily. These additional Gars may
c our safety, and increase noise in the neighborhood.
Dens ity: Although I ha v e not had an opportunity to review any plat
maps, I believe that the average number of homes per acre in our
neighborhood is somewhere between 3 and 3.5. The developers are
seeking a land use plan change from it's current designation of R2,
R3 and BC, to R3(H) which is a residential high density plan. The
proposal indicates that there would be an average of 7.5 units per
acre. This 1.s double the current density standard for the
neighborhood.
SewQr /Drainages : Will any additions be required and, if so, will the
cost be assessed to the local homeowners, or to the developer?
Rental of Towrnhomes i As proposed, the development does not p r o h i b i t
townhome o wner s from renting out their townhomes to others t Might
this development ultimately consist of nothing but rental units?
27
11: AS TODD '--f'*O1JF-JG LHO) 1 770 45CJ`
Kenneth Roberts
Au 23, 1993
Pa Two
t'.10. 51 5o P02
would like to see the Cit of Maplewood purchase this propert
and declare it an open space. I unclerstanct triat -the ci currentl
0 1 1
lacks ade funds to ac the propert In m opinion, this
vat euiL px.-uperL prcivides a nice transition from "old downtown
Maplewood" to the surroundin residential area*
Thank y ou for g ivin g me the opportunit to respond to the proposed
development*
Sincerel
Susan Broin
SEB/jek
coo
Attachment 13
K=�
September 27, 1993
Maplewood Planning Comission
Maplewood City Hall
1830 East County Road B
Maplewood, MN 55109
Dear Commission Members:
We would like to express our opposition to the proposed zoning and land use changes to the
property between Frost and Frisbee west of English. The property and neighborhood simply
cannot support 184 townhomes. That many residences in that space creates a substandard
residential environment with resulting decline in property values for all surrounding residences.
The resulting traffic and pressure on schools and police negatively impacts the neighborhood.
Gains in city property tax revenue from the project would be offset by property value declines in
the surrounding area.
The current zoning and land use plan represents a balanced, rational, and appropriate use for this
property. The mix of commercial, medium, and low density housing provides a path to grow the
neighborhood and increase property values. The Commission should recommend that the current,
well conceived plan be maintained. If any changes are made to the existing p 1an, it should be to
convert the area to open space rather than to multiple dwelling.
Sincerely,
raig Berdie
Sharon Christensen
1800 East Shore Drive
Maplewood, MN 55109
29
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, K and J Corporation (Jeffrey Schoenwetter) applied for a change to the
City's land use plan.
WHEREAS, this change would move the R -2 (single and double dwellings) classification
on the west side of the site to the south side of the site and change Outlot D to P
(park).
WHEREAS, this change applies to the undeveloped property on the southwest corner of
Frost Avenue and English Street (except the 7.5 acres on the corner).
WHEREAS, the history of this change is as follows:
1. The Planning Commission held a public hearing on ,Tune 6, 1994. The City staff
published a hearing notice in the Maplewood Review and sent notices to the
surrounding property owners. The Planning Commission gave everyone at the
hearing a chance to speak and present written statements. The Planning
Commission recommended that the City Council change the land use plan.
2. The City Council discussed the plan amendment on June 27, 1994. They considered
reports and recommendations from the Planning Commission and City staff.
NOW THEREFORE, BE IT RESOLVED that the City Council approve the above -
described change for the following reasons:
1. They would be consistent with the Comprehensive Plan's goals and objectives.
2. Changing the R -3(M) to R -2 would provide a transition zone between the
R-3(M) to the north and the proposed single dwellings to the south.
3. On the west side of the site, the City does not need the R -2 strip for a buffer
because it abuts a commercial use, drainage pond and park.
The Maplewood City Council approved this resolution on June 27, 19940
30
RESOLUTION: ZONING MAP CHANGE
WHEREAS, K and J Corporation (Jeffrey Schoenwetter) applied for a change in the
zoning map.
WHEREAS, this change changes the R -2 (single and double dwellings) zone on the
west side of the site to R -3 (multiple dwellings) and the R -3 (multiple dwellings) zone
on the south side of the site to R -2.
WHEREAS, this change applies to the undeveloped property located on the southwest
corner Frost Avenue and English Street (except the 7.5 acres on the corner). The legal
description is:
The north 860 feet of the NE 1/4 of the SE 1/4 (subject to streets, avenues and
drainage easement), except the north 470 feet of the east 697 feet, in Section 16,
Township 29, Range 22
WHEREAS, the history of this change is as follows:
1. On June 6, 1994, the Planning Commission recommended that the City Council
approve the change.
2. On June 27, 1994, the City Council held a public hearing. The City staff
published a notice in the Maplewood Review and sent notices to the surrounding
property owners. The Council gave everyone at the hearing an opportunity to
speak and present written statements. The Council also considered reports and
recommendations from the City staff and Planning Commission.
NOW THEREFORE, BE IT RESOLVED that the City Council approve the above -
described change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and intent of the
zoning code.
2. The proposed change will not substantially injure or detract from the use of
neighboring property or from the character of the neighborhood, and that the
use of the property adjacent to the area included in the proposed change or plan
is adequately safeguarded.
3. The proposed change will serve the best interests and conveniences of the
community, where applicable, and the public welfare.
31
4. The proposed change would have no negative effect upon the logical, efficient,
and economical extension of public services and facilities, such as p ublic water,
sewers, police and fire protection and schools.
5. The proposed change would be consistent with the proposed land use plan
change and the proposed development.
The Maplewood City Council approved this resolution on ,Tune 27, 1994.
32
June 5, 1994
Maplewood Planning Commission
Maplewood City Hall
1830 East County Road B
Maplewood, MN 55109
Dear Commission Members:
I would like to express my opposition to the proposed zoning and land use changes to the property
between Frost and Frisbee west of English. The current zoning and land use plan represents a
balanced, rational, and appropriate use for this property. The approved mix of commercial,
medium, and low density housing provides a path to grow the neighborhood and increase property
values. I see no advantage to the City of Maplewood or the local neighborhood for changing either
the land use or zoning map and therefore the Commission should recommend that the current, well
conceived plan be maintained. If any changes are made to the existing plan, it should be to
convert the area to open space rather than to multiple dwelling.
The developer has chosen to maximize his profits by increasingg density rather than building fewer,
higher quality units. I belief the original plan properly considered this balance between housing
density and a quality living environment. Additional units or density beyond the current plan
creates a substandard residential environment with resulting decline in property values for all
surrounding residences. The resulting traffic and pressure on schools and police negatively
impacts the neighborhood. Gains in city property tax revenue from the project would be offset by
property value declines in the surrounding area. The developer should build within the current
plan. That may mean building better quality housing than the developer would like, but I believe
that preserving the quality and density specified in the current plan is in the best interest of the city
and the neighborhood.
Sincerely,
Craig Berdie
1800 East Shore Drive
Maplewood, MN 55109
MINUTES OF THE MAPIEWOOD PLANNING COMMISSION
1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA
JUNE 6, 1994
I. CALL TO ORDER
Chairperson Axdahl called the meeting to order at 7:12 p.m.
IL ROLL CALL
Comnu Roger Anitzberger - Present
Commissione ester Axdahl
Present
Commissioner L rrame Fischer
Present
Commissioner Ja Frost
Present
Commissioner G Gerke
Present
Commissioner Kevin `ttrdge
Present
Commissioner Mary rtin
Present
Commissioner Gary Pe on
Present
Con missioner William R sbach
Present
Commissioner Marvin Si dik
Present
III. APPROVAL OF MINUTES
A. May 16, 1994
Commissioner Martin move a proval of the minutes of May 16, 1994 as submitted.
Commissioner Pearson conded Ayes-- Anitzberger, Axdahl, Fischer, Frost,
Gerke, Kittridge, Martin, Pearson, Rossbach
tentions-- Sigmundik
The motion uissed.
IV. APPROVAL OF AGENDA
Commissioner Sigmundik moved approval of the agenda as submitted.
isoover Martin seconded Ayes - -all
The motion passed.
V. PUBLIC HEARINGS
A. Phalen Lake Townhomes: Land Use Plan Changes, Zoning Map Changes, Pre 1=ary
Plat (Section 16)
Ken Roberts, Associate Planner, read the public hearing notice and presented the staff
report. Roger Anderson, engineer for the applicant, gave a presentation. Mr. Anderson
said they are interested in keeping the options for road access open in case a
Planning Commission -2-
Minutes of 6-6 -94
compatible commercial use is found to abut the residential area. He said they will
attempt to save as many of the large cottonwood trees on the property as possible,
even though they are not protected trees in the tree ordinance.
Chairperson Axdahl opened the public h Craig erdie, 1800 East Shore Drive,
Carl Grill and Chris Miles, 1280 Frisbie Avenue, Mark Pallich, 1149 Ripley Avenue,
and Susan Brine, 1221 Ripley Avenue, spoke in opposition to this proposal.
Commissioner Rossbach commented that, even though the land use and zoning plan
changes are being considered by the Commission, he is not comfortable reviewing the
preliminary plat submitted by the applicant, since it does not include the actual
building locations, a tree plan, or a drainage plan.
Since there were no further comments, the public hearing was closed.
Commissioner Martin moved the Planning Commission recommend:
A. Adoption of the resolution which changes the land use plan on the west side of
the site from R -2 (single and double dwellings) to R-3(M) (residential medium
density) and P (park). The south side of the site would change from R -3(M) to
R -2. These changes are for the following reasons:
1. They would be consistent with the Comprehensive Plan's goals and
objectives.
2. Changing the R-3(M) to R -2 would provide a transition zone between the R-
3(M) to the north and the proposed single dwellings to the south.
3. On the west side of the site, the City does not need the R -2 strip for a buffer
because it abuts a commercial use, drainage pond and park.
Commissioner Fischer seconded Ayes--all
The motion passed.
Commissioner Martin moved the Planning Commission recommend:
B. Adoption of the resolution which changes the zoning on the west side of the site
from R -2 (single and double dwellings) to R -3 (multiple dwellings). The south
side of the site would change from R -3 to R -2, as delineated on the proposed
zoning map (preliminary development plan 9147 dated May 31, 1994) as shown
on page 20 of the staff report dated June 1, 19940
Commissioner Frost seconded Ayes - -all
The motion passed.
Commissioner Fischer moved the Planning Commission recommend:
Planning Commission -3-
Minutes of 6 -6 -94
C. Approval of the Phalen Lake Townhomes preliminary plat (received by the City
on May 31, 1994). The developer must complete the following conditions before
the City Council approves the final plat:
1. Have the City Engineer approve final construction and engineering plans.
These plans shall include: grading, utility, drainage, erosion control, tree,
easement, driveway and street plans. These plans shall meet the following
conditions:
a. The erosion control plan shall be consistent with the Ramsey Soil and
Water Conservation District's Erosion and Sediment Control Handbook.
b. The grading plan shall include proposed building pad elevation and
contour information for each home site.
C. The street and driveway plans shall show concrete curb and gutter,
except the driveways for the individual garages.
d. The tree plan shall show all existing large trees and the large trees that
the developer plans to remove. The Director of Community
Development must approve this plan before grading begins or before the
City approves the final plat.
2. The City Engineer may require grading on Phase II with Phase I if Phase II
grading is needed for Phase I.
3. Sign an agreement with the City that guarantees that the developer or
contractor will:
a. Complete all work that is on the approved plans or required by the City.
b. Place temporary orange snow fencing and signs at the grading limits.
C. Have NSP install street lights in two locations. These lights shall be on
the corner of Frost Avenue and Duluth Street and on the corner of
English Street and Summer Avenue. The exact location and type of
lights shall be subject to the City Engineer's approval.
d. Construct an eight - foot -wide paved trail from the existing commercial
corner to Gloster Park and Frisbie Avenue. The developer shall extend
the trail on the site plan to Frisbie Avenue over the east one -half of the
Frank Street right -of -way. The developer shall build this trail with the
Phase I streets and driveways. This trail shall be subject to the approval
of the Director of Parks and Recreation and the City Engineer.
e. Pay the City for the cost of street signs.
Planning Commission -4-
Minutes of 6 -6 -94
f. Install "No parking" signs as follows:
(1) On one side of streets that are 28 feet wide
(2) On both sides of streets that Are less than 28 feet wide
g. Remove any junk, debris or tires from the site.
h. Provide all easements required by the City.
4. Submit arevised- preliminary plat for the approval of the Director of
Community Development. The revised plat shall show the following changes:
a. Label the common open space as Outlot B.
b. Reduce the length of Outlot D from 286 feet to 240 feet and increase
the width from 149 feet to 1.50 feet. Dedicate Outlot D as park and
remove the park dedication label on Outlot C. Drop Outlots C and B and
incorporate them into the new Outlot B (the common open space).
C. Move the town houses one foot to the east.
d. Reduce the number of units to 103. Reconfigure the remaining units to
save as many large trees as possible.
e. Change the five -unit building at the southwest corner of the site to a
double dwelling.
£ Increase the size of the double- dwelling lots to meet the Cites
maximum lot coverage requirement of 30% of the lot area.
g. Provide at least eighteen feet for each of the driveways to the individual
units.
h. Label the north south street Duluth Street and the east west street
Summer Avenue.
i. Show lot and block numbers.
5. Submit homeowners' association documents for the Director of Community
Development's approval. These documents shall show how the association
will maintain the common land.
If the developer decides to final plat part of the preliminary plat, the City may
waive any conditions that do not apply to the final plat.
Commissioner Pearson seconded
Planning Commission -5-
Minutes of 6 -6 -94
Commissioner Kittridge stated he would be voting no because he does not feel
enough information has been submitted for the preliminary plat. Commissioner
Martin concurred.
The Corer u sion voted as follows: dyes ---- Fischer, Pearson
Nays -- Anitzberger, Axdahl, Frost, Gerke,
Martin, Pearson, Rossbach, Sigmundik
The motion failed.
Commissioner Rossbach moved to table the Phalen Lake Townhomes preliminm
plat for more information and revised plans (realigned lots, drainage plan, tree
plan, etc.) .
Commissioner Martin seconded Ayes- -all
The motion passed.
VI. NEW BUSINESS
A. Home Occupation License: 1652 Lakewood Dr. (Kimbalp (Section 24 -29)
Ken Rob rts, Associate Planner, presented the staff r ort and answered questions
from the mmission.
Shannon Kimb was present at the meeting explained his request for a home
occupation license. ere were no comments om the public.
Commissioner Rossbach 'd he is conce ed with engine degreasing and disposal on
Mr. Kimball's property. Mr. all re s onded that he uses a biodegradable cleaning
product to degrease the en ' sand en pumps the filtered wash water into his
backyard flower garden. Mr. Ro ch suggested he bring in the cleaner for staff to
have analyzed.
Commissioner Fischer move the Pl g Commission recommend approval of a
home occupation license f Shannon all at 1652 Lakewood Drive. This license
is to clean vehicles and ats, subject to th following conditions:
1. Mr. Kimball sh follow the City's home o upation licensing requirements. He
must renew hi license annually as required b code.
2. The busin s may only operate Monday through S day from 8 a.m. to 5 p.m.
3. Mr. Kimball shall not clean the customers' vehicles or boats outside.
4. There shall be a 2A -10BC wall- mounted fire extinguisher in the garage.
PUBUC HEARING NOTICE
The Maplewood City Council invites you to a public hearing. This hearing is about a
request to build 103 multiple dwellings. The applicant is K and J Corporation. The
q P
project's name is Phalen Lake Townhomes. The location is south of Frost Avenue and
west of English Street. The applicant is requesting that the City:
1. Change the City's land use plan map as follows
a. The R -2 (single and double dwellings) classification on the west side of the
site would become R -3(M) (medium density residential).
b. Some of the R -3(M) on the south side of the site would become R -2.
C. Outlot D would change from R -3(M) to P (park).
2. Change the Cites zoning map as follows:
a. The R -2 (single and double dwellings) zone on the west side of the site would
become R- 3(multiple dwellings).
b. Some of the R -3 zone on the south side of the site would become R -2.
3. Approve a preliminary plat for 103 lots.
The Council will hold this hearing on Monday, June 27,1994 at 8:00 p.m. or later in
the City Hall Council Chambers (1830 East County Road B).
The City Council will consider the proposed changes or other appropriate changes.
Call Geoff Olson at 770 -4562 for more information.
Sign language interpreters are available. You must request this service at least 96 hours
in advance. Call 770 -4524 to make arrangements.
PUBLISH: June 15, 1994
AGENDA ITEM
AGENDA REPORT
Aotion by Council :]
TO: City Manager
Endorse
.FROM: City Engineer Modified...-M-
�e�e�te
Data
SUBJECT: Sterling Street, Larpenteur to Holloway
DATE: June 20, 1994
.Several months ago the city council held a public hearing to consider construction of a
state -aid street in the subject area. The decision at that time was not to proceed with
permanent street construction. In addition, the city council wanted to consider the merits
of closing Sterling Street versus continuing with the status quo. In preparation for this
meeting (6/27/94), notices have been sent to residents in North Saint Paul and Maplewood
close to Sterling Street, from Holloway to the dead end south of Larpenteur.
The seesaw discussion about closing Sterling Street has gone on for years. Both sides of
the issue have been heard before by the city council. Recently the street was designated
a Municipal State Aid route. This designation recognizes that the street connects other
important traffic routes (Larpenteur and Holloway), provides a link in a transportation
system within the city, and needs state -aid funding in order to be built to a reasonable
standard.
There has been testimony and a petition presented to the city council supporting the
importance of the connection provided by Sterling Street. If the city council
. ypursues
p
closing Sterling Street and ultimately holds a hearing to vacate the right of way, there will
surely be testimony relative to the public need for the right of way and the street. This will
effectively bring that course of action to a halt. As you are aware, vacation of ublic right
p g
of way cannot proceed in the face of public need testimony.
Sterling Street does have unique characteristics. Through the wetland area the street
cannot be paved until appropriate subgrade work is done to provide a solid base for the
road. Until this major investment is made, a.ny pavin g through h the wetland area is a waste
of money. The gravel surface through this section is substandard but provides the only
conveniently maintainable surface.
Based on a long -term view for Sterling Street, closure is a remote possibility. The more
realistic vision is that Sterling Street joins the list of other state -aid streets that are
designated but unimproved. The street will continue to be maintained in its p resent
condition until an acceptable improvement project is approved.
KGH
JW
AGENDA ITEM
AGENDA REPORT oil el
�.ct�.on by Co�
Endorse
TO: City Manager v.iftsd,..,�.......
FROM: Assistant City Engineer Matthys Dat®
SUBJECT: Feasibility Study East Shore Drive Storm Sewer Improvements, Project
94 -06
DATE: June 21, 1994
The attached feasibility study is presented for the city council's consideration. The
project consists of outlet control improvements for an existing ponding area.
Concerns have been raised by residents adjacent to the ponding area regarding the
recent water level in the pond.
It is recommended the city council accept the report and schedule a public hearing at
7:40 p.m., July 11, 1994.
RM
jC
Attachments
RESOLUTION
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, the city engineer for the City of Maplewood has been authorized and
directed to prepare a report with reference to the improvement of East Shore Drive
Storm Sewer, City, Project 94 -06, by construction of a ponding area and storm sewer,
and
WHEREAS, the. said city engineer has prepared the aforesaid report for the
improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD MINNESOTA, as follows:
1. The report of the city engineer advising this council that the proposed
improvement on East Shore Drive Storm Sewer, City Project 94 -06, by construction of a
ponding area .and storm sewer is feasible and should best be made as proposed, is
hereby received.
2. The council will consider the aforesaid improvement in accordance with
the reports and the assessment of benefited property for all or a portion of the cost of
the improvement according to MSA Chapter 429, at an estimated total cost of the
improvement of $40,600.
3. A public hearing will be held in the council chambers of the city hall at
1830 East County Road B on Monday, the 11 th day of July, 1994, at 7:40 p.m. to
consider said improvement. The city clerk shall give mailed and published notice of said
hearing and improvement as required by law.
3
AGENDA NO.
AGENDA REPORT
TO: City Manager
FROM: Assistant City Manager
RE: CABLE FRANCHISE RENEWAL
DATE: April 28, 1994
INTRODUC11ON
ect i on b. Co, T 0.
Fndorseed....... — -
1jodif i. e -
Data
At the .April 4 .Council /Manager workshop, the City Council discussed the renewal of
the cable franchise. It was the consensus of the Council to provide comments or
questions to the City Manager and have staff place this item on a regular meeting for
action.
BACKGROUND
A timeline for the renewal of the cable agreement is presented in reverse
chronological order.
1998: Current franchise agreement between the Cable Commission and
Meredith Cable will expire. The joint powers agreement between the
twelve communities (Ramsey - Washington Suburban Cable Commission)
will also expire. Federal law requires that the cable company start the
renewal process three years before expiration.
1995: Meredith Cable will notify the Cable Commission that it wants to
negotiate. Federal law requires the Cable Commission to initiate a
process within six months about cable - related needs and interest of
residents and past performance of the local cable company.
1994: By May 1, the Cable Commission would like feedback from members
It
about the existing joint powers agreement and their interest in renewing.
Mr. Tim Finnerty is the Executive Director of the R/WCSCC. He was present at the
April 4 Council /Manager meeting. He has prepared a report (Exhibit A) for the City
Council which addresses the questions about what the current structure does and
what responsibilities the City would have if the Cable Commission renewal did not
take place.
In addition, the staff report from April 4 is also attached as Exhibit B. it contains a
copy of the current joint and cooperative agreement for cable franchise
administration.
RECOMMENDATION
It is recommended that the City Council review and discuss the material regarding
renewal of the cable franchise agreement.
RAMSEY- WASHINGTON SUBURBAN CABLE CO
7245 Stillwater Boulevard North
Oakdale, Minnesota 55128
Birchwood Village
Dellwood
Grant Township
Lake Elmo
Mahtomedi
Maplewood
Telephone: 612- 779 -7144
Telecopier: 612
MEMORANDUM
I I t T�F,
APR 2, 2 1994
hr:t
Oakdal ....._ --.--
Vadnais Heights
White Bear Lake
White Bear Township
Willernie
April 19, 1994
TO:
FROM:
Gretchen Maglich, Assistant City Administrator, City of Maplewood
Tim Finnerty, Executive Director, Ramsey/Washington Suburban
Cable Commission
Follow -up to April Council /Manager Work Session
This is in response to the April Council /Manager Work Session which I
attended to discuss cable, as well as to follow up on our subsequent telephone
conversations. It is my intent in this letter to answer some of the matters raised.
As you know, the question before the city is whether or not to renew the City's
participation in the Joint and Cooperative Agreement to continue the Cable
Commission with other municipalities in the Ramsey /Washington cable area; and if
so, whether any new requirements should be incorporated into a renewed Joint and
Cooperative Agreement. (The existing Agreement formed the Cable Commission in
1981 to study, prepare, adopt, grant, administer, and enforce a single, non - exclusive
cable franchise.)
From the discussion at the council /manager work session, and my subsequent
conversations with you, there seemed to be an interest in identifying the functions of
the. current Cable Commission, as well as examining matters which may need to be
addressed by the City in the event that the City determines to not to participate in the
Cable Commission beyond its existing term. In other words, if the City decides to "go
it alone," what new functions may the City be assuming? What are the potential costs
of such functions?
I am not certain I can give absolutely definitive answers to these questions.
can, however, provide you with my general thoughts which, hopefully, can provide
you and other City officials with a better sense of the relevant issues.
The first item for consideration is the franchise renewal process.
1. Franchise Renewal Process. In approximately May of 1995, the cable
company will be requesting renewal of the franchise, which is set to expire in 1998
(federal law requires that the franchise renewal process start three (3) years prior to
the expiration of the franchise). Assuming that the City determines not to participate
in a joint cable commission, the cable company may likely seek renewal of the
franchise directly with the City, which would be acting as the official "franchising
authority."
In this case, the cable company would deliver, perhaps as soon as May of
1995, a written renewal notice to the City requesting the commencement of franchise
renewal proceedings. The City would be required to commence these proceedings
not later than 6 months after the date such notice is submitted.
Under federal law (Section 626 of the Cable Act - -47 U.S.C. § 546), the
proceedings are to afford the public in the franchise area (Maplewood) appropriate
notice and participation for the purpose of (1) identifying the future cable - related
community needs and interests, and (2) reviewing the past performance of the cable
operator.
A franchising authority's review of the cable operator's past performance is
critical in such proceedings: Federal law is very specific about a City's right to deny a
renewal. The City must document, if true, that the cable operator has not
substantially complied with the material terms of the existing franchise, or document
that the quality of the operator's service, including signal quality, response to
consumer complaints, and billing practices has been unreasonable. Further, the City
must give the cable operator notice of documented problems and afford the
opportunity to cure such problems. Without this due process, a City may not base a
denial of renewal on deficient past performance.
The City's identification of future cable- related needs and interests would also
be a fundamentally important task within the proceedings. Such needs and interests
would form the basis for determining whether the cable operator's renewal proposal
meets the future cable communications needs of the community. In conducting a
needs assessment, City may wish to survey subscribers, school districts, key
community groups and community leaders, public libraries, City staff and
departments, hospitals/ emergency health care facilities, and businesses, to name a
few, within the community. Some cities and cable commissions hire independent
surveying firms and technical consultants to assist in this process.
Once a needs assessment is completed, a City may develop a Request -for-
Proposal document, containing a "model" franchise which incorporates many of the
cable- related needs of the community. This Request- for - Proposal is then submitted to
the cable company, who then prepares a proposal to the City.
At this point, the City may find that the proposal is acceptable, in which case
the renewal is granted and the new franchise is put into place. The City may not find
the proposal acceptable, in which case a negotiation stage would occur. If the
negotiations are not successful, and the City denies the renewal, the federal law kicks
in with requirements for administrative proceedings. If, after administrative
proceedings, denial is upheld, judicial proceedings would follow. The outcome of
judicial proceeding could yield the upholding of the denial, a renewal of the franchise,
or the parties being told to go back and re -do part or all of the process.
Obviously, under a Joint and Cooperative Agreement, the Cable Commission
would conduct this process. If the City is not part of such an agreement, the City
would need to conduct this process on its own.
Page 2
At the April 4 council /manager work session, the matter was raised regarding
the cost of administering the renewal process. Obviously, it can be expensive. For
this reason, the Cable Commission, anticipating renewal of the Joint and Cooperative
Agreement, has established a reserve fund of $25,000 for use during the renewal
process.
2. On- doling Administration and Enforcement. Once the franchise is
renewed, the franchising authority is responsible for its ongoing administration and
enforcement. Please keep in mind that the franchise is a contract between the cable
company and the franchising authority. The franchise can contain many provisions.
H�_: a are a few examples of broad areas which may be contained within a franchise:
• Commitments regarding financial resources to be used. for new franchise
• Service areas and construction schedules for upgrading /rebuilding of system
• Upgrades to channel capacity and system design
• Proposed new signal carriage and channel allocations
• Local programming
• Institutional services
• Services, rates and rate regulations
Obviously, the franchising process would yield a significant amount of detail
under each of these categories. Further, given the rapidly changing technologies of
cable and telecommunications, including digital technology and .fiber optics, it is very
possible the franchises of 1998 will, in detail, look significantly different than the
franchises of today.
The provisions made within these new, high -tech franchises will need to be
carefully administered and enforced by local franchising authorities for maximum
benefit.
3. Handling Citizen Complaints /Resolution. Regardless of high -tech
wizardry, this is one function that will probably not change in the future. The
franchising authority will need to continue to assist citizens with cable- related
complaints -- everything from repair of private property during construction of cable or
fiber optic lines ... to service outages ... to billing problems.
No matter which entity acts as franchising .authority, City or Cable Commission,
that entity will need to maintain an active relationship with the cable company and
process citizen complaints from start to finish.
4. Regulation of Cable Television Rates. Under the 1992 Cable Act, the
right to regulate basic cable rates was restored to franchising authorities. Absent a
renewed Joint and Cooperative Agreement, this function would presumably become
the City's.
Page 3
As such, rate regulation would be administered by the City in accordance with
federal law and rules promulgated by the Federal Communications Commission
( "FCC ") . The FCC rules are currently approximately 500 pages, with an additional
600 page supplement. If you are interested in a summary of the rules, I would be
happy to provide it to you.
There is cost involved in administering rate regulation. In addition to the "cost"
of administrative staff time, the Cable Commission has retained outside legal and
financial consultants to examine the cable rates and applicable rules, and to make
necessary recommendations.
5. Access Channel Management and Programming. The franchising renewal
process may yield provisions for local cable channels and programming provisions
including studio and production facilities for public, educational, governmental, and
other institutional use. Depending upon the types and levels of these commitments,
the following components may have to be addressed:
- Access Channel(s) Operation. What will the local channels be? Dedicated
channels for public, educational, governmental, library, religious, senior citizen,
Other? What entity will operate /program such channels? Who will have access to
such channels?
- Management of Production Studio(s) and Fac' 'ties (vans, etc.). What entity
will manage such studios and facilities? Who will have access to such facilities?
- Development of Video Progra How will access channel programming
be, developed? Who will be responsible? How will funding occur?
- Administration of Institutional Network. How will communications traffic on
institutional network be managed? Who will be hooked up and how will space be
allocated?
These are questions which could be answered to some extent when the new
franchise is put into place. However, these also tend to be ongoing policy matters in
many franchises. Usually, the franchising authority -- whether a city or cable
commission- -plays a strong role in deciding these questions periodically throughout
the life of the franchise. The Ramsey /Washington Cable Commission has dealt with
these questions for the past 11 years. Under a new franchise, assuming the City
chooses not to participate in a cable commission, the City would take on these
responsib' 'ties.
C. Interconnection with Other Cable Systems and Other
Telecommunications Networks, and Integration of Future Technologies. Assuming
that the City chooses to "go it alone," will Maplewood's cable system interconnect with
other systems and /or networks? Will it be part of the larger "Information
Superhighway" of the future?
At this point, these kinds of questions are "unknowns." But I believe they will
become crucial in the near future. A community's communications system in the
future could be as important as any other component of its "infrastructure."
Page 4
Advances in technology are revolutionizing cable and telecommunications.
Such advances will determine how Minnesota municipalities will be wired for the
lnfoi xn . -ion Superhighway." The cable television wants to be that "wire," but so does
the telephone industry. What will be the impact of such emerging and converging
technologies? What are the relevant public policy concerns as new technology is put
into place?
I raise these questions because they are being asked by franchising authorities
throughout Minnesota. Municipalities clearly want to protect the public interest in the
development of the information superhighway, particularly because significant
investments have been and will be made in cable communications technology. A close
eye needs to be kept on these developments.
7. Costs. It is difficult to speculate on the exact costs the City would incur if
it became directly responsible for the renewal of the franchise and its ongoing
administration and enforcement. The only insight I can shed on this is to show the
current costs of the cable commission for these functions.
FUNCTION
COST AS A PERCENTAGE OF
ANNUAL FRANCHISE FEE REVENUE
($4G0,000, 1984 PROJECTED)
Franchise Administration and
36.6 Percent ($168,238)
Enforcement; Rate Regulation;
Handling Citizen Complaints;
Commission's LMCIT Insurance
G Access Channel �
49.5 Percent ( 227,906)
ogramming
Grant Fund (These are funds which
18.4 Percent ($84,538)
are under consideration by the
Commission for proportionate
redistribution to member cities)
As you can see, all the franchise fees projected for 1994 are expended in these
three broad categories (actually, the expenses exceed franchise fees projected for
1994; the Commission uses interest income and some reserve funds to cover the
expenses beyond actual projected franchise fees), Please also beep in mind that the
Commission receives an annual public access grant, separate from franchise fees,
from the cable company which it uses to fund Suburban Community Channels
( "SCC "), the nonprofit public access group. This public access grant ($360,000 in
1994) was a part of a franchise commitment by the cable company to support public
access channels and programming
Therefore, in 1994, the Commission grants no funding to SCC from franchise
fees.
I cannot say for sure that the percentages above could be applied to the City as
a formula to determine its potential costs if it decided to undertake the
aforementioned responsibilities. This represents the Commission's 1994 expenses,
Page 5
and not necessarily the potential expenses of the City in 1998, the year the new
franchise would take effect.
Gretchen, I hope this can be helpful to you and other City officials. These
represent my thoughts and my understanding of the facts about the cable television
franchising process. These are not meant to represent any particular position(s) of
the Cable Commission.
Please feel free to call me if you should have any questions or comments
regarding any part of this. Thanks.
Page 6
MEMORANDUM
T0: Mayor and City Council
FROM:_ Assistant City Manager GrA+N
RE: CABLE COMMISSION EXTENSION
DATE: February 18, 1994
Attached you will find a copy of a letter from the Ramsey- Washington Suburban Cable
Commission. I it is asking if the City wishes to continue its membership in the
Commission after May, 1998.
The proposed timeline . is to have the City Council consider this question during the
April 4 Council /Manager Workshop with formal action at either one of the April Council
meetings. This will make the May 1 deadline designated by the Commission.
If you have any questions or want additional information available at the April 4
meeting, please contact me. We can also schedule other Commission representatives
to appear at the April 4 meeting.
RAMSEY- WASHINGTON SUBURBAN CABLE COMMISSION
Birchwood Village
Dellwood
Grant Township
lake Elmo
Mahtomedi
Maplewood
Gretchen Maglich
City of Maplewood
1830 East County Rd. B
Maplewood, MN 55109
North St. Paul
Oakdale
Vadnais Heights
White Bear Lake
White Bear Township
M@(E r- -,,Villerrue
l"!
February 15, 1994 ----� - ---
FEB 4 61994
l ----=
Re: Extension of the Joint and Cooperative Agreement
Dear Gretchen:
The Ramsey/Washington Counties Suburban Cable Communications
Commission hereby requests that your city review the issue of and provide a
response regarding the extension of the Commission's Joint and Cooperative
Agreement for cable franchise .administration.
On or about May of 1998, the current cable television franchise agreement
( "franchise ") by and between the Commission and the cable television company,
Meredith Cable, will expire. Federal law requires that the cable company initiate the
renewal proceedings approximately three years prior to the expiration of the
franchise. Therefore, in approximately May of 1995, the cable company will likely
provide the Commission with a notice seeking renewal of the franchise. Upon receipt
of this notice, the local gove�Anmental franchising authority is obligated under federal
law to initiate proceedings within six months regarding the future cable- related
community needs and interests of the residents in the franchise area, as well as to
review the past performance of the cable company under the franchise.
Therefore, an important issue that must be addressed at this time is the
Commission's authority to secure and administer any future franchise agreement with
the cable company. At the present time, the Commission is organized pursuant to the
Joint and Cooperative Agreement which was entered into by your community and the
eleven other member municipalities which have comprised the Commission since
1981. The Joint and Cooperative Agreement will expire on the same date the
franchise is due to expire in May of 1998. Therefore, the member municipalities of
the Commission must review the Joint and Cooperative Agreement and determine
whether to extend the agreement.
7245 Stillwater Boulevard North
Oakdale, Minnesota 55128
Telephone: 612 -779 -7144
Telecopier: 612-779-8990
It is in this light that the Conssion now recommends that the twelve member
municipalities review the issue of and provide a response regarding such an
extension. The Commission has not taken a position on the extension, leaving it to
member communities to consider.
City of Maplewood
February 15, 1994
Page Two
We. have enclosed a copy of the current Joint and Cooperative Agreement, for
your review. The Commission asks for your response to this issue, along with any
comments or recommendations, by May 1, 1994. The Agreement was adopted in
1981 at the recommendation of the State Cable Board so that member municipalities
might obtain a better franchise than if each dealt individually with the various cable
companies.
The Commission will answer any questions or address any comments you
would have in your review of this request and recommendation. Commission
representatives will also appear and answer questions before your governing board at
your request.
In conclusion, we believe that the establishment, enforcement, and
administration of cable television is an important function within local government.
The Ramsey/Washington Suburban Cable Commission has provided those services of
:local government to the citizens of your community since 1981. The question now
before your community is whether the Commission should continue this into the
future, as well as whether any modifications to the Joint and Cooperative Agreement
are necessary or desirable.
I would be happy to speak with you directly on any part of this if you should
desire. Please do not hesitate to contact me through the of the Cable
Commission at 779 -7144.
Very ly y p ane Bengs
Chairman
Ramsey/Washington Cable Commission
DB: do
Enclosures
JOINT AND COC?P RATI V,E, AC E41.0
RA.MSEY /wAS'r':INC:'ON COUP: i IES SUBURBAN
CABLE COMMUNICATIONS COMIM I S S I ON
The parties to this .�:eement are covernmental units of the
State of Minnesota, Th P.creement suversedes any prior agreement
between the parties cover.-Inc the establishment of a cable communi-
cations commission and is rade pursuant to Minnesota Statutes §238.08
and 5471.59, as amended.
I* PURPOSE
The general purpose of this A is to establish an
organization to study, pre: are , adopt, grant, administer and enforce
a single non - exclusive cad? a communications franchise in member muni-
cipalities in the Ramsey /Wa shington Count Cable Service Territory.
I I . NAME
The name of the organization is the Ramsey /Washington Counties
Suburban Cable Communicaticns CommissionO,
III, DEFINITIONS
Section 1. Definitions. For purposes of this Agreement, the
terms defined
in this-Article shall have the meanings given theme
Section 2. "Bo of Directors" or "Board" means the governing
b ody of the Commission.
Section 3. "Commission" means the organization created pur-
suant to this Agreement.
Section 4. "Cit or "Cities" or "Municipalities" means any
i ty or township e
Section 5. "Director" means a person appointed by a member
city council to be one of its representatives on the Cormmi.Ssion.
Section 6. "Member" or "Me -mber Municioall tv" means a muni-
cipality which enters into this Agree=ment and is, at the time
involved, a member in good standing.
Section 7. "Eligible Me=mber" means a municipality within
the Cable Service Territory that may, if it so acts, adopt this
Agreement and become a part of this Commission.
IV. ELIGIBLE MEMBERS
The municipalities of Birchwood Village, Dellwood, Lake
Elmo, Mahtomedi, Maplewood, North St. Paul, Oakdale,
Vadnais Heights, White Bear Lake, White Bear Township,
willernie, and Grant Township are eli for membership.
V. DIRECTORS
Section 1. Qualifications /Appointment. The city council of
each member shall be entitled to appoint by resolution two (2)
directors and two (2 ) alternate directors . At least one (1 ) director
and his or her alternate shall be a member of that council and the
other director and alternate shall be a qualified voter residing
within that municipality. When the council of a member appoints
its first two directors and any alternates, it shall give notice
of their appointments to the designated Coordinator of the Commission.
Notice of a successor director shall be given to the Secretary of
the Commission. Notices shall include the name and mailing address
of the director which shall be deemed to be the official naive and
address of that director for the purpose of giving any notice re-
quired under this Agreement. Alternate directors shall serve in
-2-
the absence of their designated director. Alte::ate directors
shall have all the powers of their designated director in the
event of such director's absence.
Section 2. Term. The terns of the first directors shall
begin on the effective date of this Agreement and shall continue
until November, 1983. Thereafter, each director shall serve for
a tern of two (2) years. A director shall serve at ' the pleasure
of his or her city council.
Section 3. Votinc. There shall be no voting by proxy. All
votes must be cast in person at Commission meetings by the director.
The number of votes each director shall be entitled to cast shall
be based upon the official population as determined by the latest
United States Census of his or her member city as it corresponds
to the formula set forth in Appendix " A " attached to this Agreement.
A d irector shall not be eligible-to vote on behalf of his or her
municipality during the time that said municipality is in default
on any contribution or payment to the Commission.
Section 4. Comnensation. Directors shall serve without
compensation from the Commission, but this shall not prevent a
member from compensating its directors if compensations by that
member is otherwise authorized by law.
VI OFFICERS
Section 1. Number /Election. The officers of the Commission
shall consist of a Chairman , a Vice Chairman, a Treasurer and a
Secretary, all of Whom shall be elected at the first meeting of
the Conuu* s s ion , and thereafter, at the annual meeting of the
Commission held in November of each year. New officers shall
-3-
take office at the adjournment of the annual meeting of the Commis s ion
at which they are elected,
Section 2. Chairman/Vice Chairman,, The Chai rman shall preside
at all meetings of the Board and Executive Committee and shall
perform all duties incident to the office of Chairman, and such
other duties as may be delegated by the Commission. The Vice
Chairman shall act as Chairman in the absence of the Chairman.
Section 3. Secretary The Secretary shall be responsible
for keeping a record of all of the proceedings of the Commission
and Executive Committee. The Secretary shall send written notice
and material pertaining to agenda items to each director at least
five (5) days prior to the meetings.
Section 4. Treasurer, The Treasurer shall have custody of
the Commission's funds, shall pay its bills, shall keep its finan-
cial records and generally conduct the f inancial of f airs of the
Commission and for such other matters as shall be delegated to
him by the Commission. Orders, checks, and drafts of the Commission
shall require the signatures of the Treasurer and one ( 1) other
Executive Committee officer. in conducting the Commission's
financial affairs, the Treasurer shall, at all times, act in
accordance with generally accepted accounting principles. Treasurer's
reports, including any bills or claims to be acted upon by the Commis-
sion, shall be distributed to all directors not less than five (5) days
prior to the meeting. The Treasurer shall post a fidelity bond or
other insurance in an amount approved by the Commission. The
Commission shall bear the cost of the bond or insurance.
Section 5. Executive Committee. There shall be an Executive
-4-
Committee which shall consist of the four ( 4 ) officers and any
other director elected by the Commission. To the extent sp::cifi-
cally delegated by the. By -Laws or resolution of the Commission,
the Executive Committee shall have the authority to manage the
Y 9
business of the Commission during intervals between meetings of
the Commission but at all times is subject to the control and
direction of the Commission. The Executive Committee shall meet'
at the call of the Chairman or upon the call of any other two (2)
members of the Executive Committee. The date and place of the
meeting shall be fixed by the person or persons callin g it. At
least forty -eight (4 8 ) hours advance written notice of that meeting
shall be given to all members of the Executive Committee by the
person or persons calling the meeting, however, notice may be waived
by any or all members who actually attend the meetings or who have
given a written waiver of such notice for a specified meeting.
VII. MEETINGS
Section 1. First Meeting The first meeting of the Commis- -
sion shall be held on Thursday, November 12 198140
Section 2. By-Laws At the first meeting of the Commission,
the Commission shall adopt By -Laws governing its rocedures in-
p ,
cluding the time, place, notice for and frequency f its regular
Y g
meetings, the procedure for calling special meetings and such
other matters as are required by this Agreement.
The Commission may amend the By -Laws from time to time. The
1
By -Laws may be amended in one of two ways:
A. A proposed By -Law amendment may be brought up at a
regular meeting, then referred to the By -Laws Committee for its
dOMM-tv
recommendation and then voted upon at the next meeting of the
Commission; or
Be A proposed By -Law amendment may be brought by giving
fourteen (14) days advanced written notice prior to a scheduled
to all, directors. The p amendment would then be ro
meeting P P
re
ferred to the BY-Laws Committee for its recommendation and acted
upon b the Commission as a whole at the scheduled meeting.
P Y .
in no event shall a proposed By -Law amendment be acted upon
without a recommendation from the Sy -Laws Committee.
Section 3. Voting/ . A majority of the member munici
P
alities shall constitute a quorum of the Commission and a majority
of the members. of those appointed to the Executive Committee shall
constitute a quorum for a meeting of the Executive Committee. No
business shall be conducted without a quorum. Unless otherwise
provided in this Agreement, no action shall be taken unless a
q P
quorum is resent and the action is voted for by a majority of the
total votes cast by the directors present and voting at a Commis-
sion meeting, o y a maj ority r b orit of the Execut Committee at its
, P
meetings, exc that in both instances, less than a majority may
adjourn a meeting.
VIII. pOWERS RIGHTS AND DUTIES OF THE COMMISSION
Section 1. Franchising Authority The Commission shall act
as t he cable communications franchis authority for the members
as provided herein.
Section 2. Grant of Franchise The Commission shall prepare,
� g
adopt, rant, administer and enforce a cable communications fran-
c Y
hise ordinance and may establish rates thereunder, and may do all
i
-6-
things reasonably necessary and proper to the implementation of
its powers and duties, inc luaing those powers set forth in this
article. As part of this process, the Commission shall seek input
from all member municipalities and communicate the progress of
the Commission to each member city on a monthly basis.
Section 3. Needs Assessment. The Commission shall compile,
make publicly available and approve a Needs Assessment Report. -
Section 4. Request for Proposals. The Commission shall
prepare and adopt, after a public hearing, a Request for Proposals
The adoption of the Request for Proposals shall be by at least a
two - thirds (2/3) vote of the total eligible votes, Votes shall be
taken until the Request for Proposals is properly adopted or until
the hearing is adjourned in which case the Commission may schedule
and hold additional meetings to adopt a Request for Proposals.
Section 5. Designation of Comaany After receipt and review
of all proposals submitted to the Commission by the cable communi-
cations companies, the Commission shall select by resolution, after
a public hearing , one (1) cable communications company to which it
may grant a franchise. The adoption of the resolution shall be by
at least a two - thirds (2/3) vote of the total votes entitled to be
cast. Votes shall be taken until a cable communications company
is so selected or until the hearing is adjourned in which case the
Commission may schedule and hold additional meetings to select a
company.
Section 6. Adoption of Franchise ordinance The Commission
shall prepare, adopt and grant one (1) cable communications company
a single non - exclusive cable communications franchise (hereinafter
-7-
"franchise ordinance ") to construct, maintain, operate or manage
a cable communications system emcompassing all of the territory of
the members. The adoption of the franchise ordinance and the grant
of the franchise shall be after a public hearing by an affirmative
vote of at least two- thirds (2/3) of the total eligible votes.
Votes shall be taken until the franchise ordinance is so adopted or
until the hearing is adjourned in which case the Commission may
schedule and hold additional meetings to adopt the franchise ordi-
nance and grant the franchise. In the event no further meetings of
the Commission are scheduled to adopt the franchise ordinance, the
franchising process shall be suspended and the Commission may promptly
resume the franchising process at any point in the process as deter-
mined by the Commission.
Section 7. Publication /Effective Date. The franchise ordi-
nance adopted by the Commission shall be signed 'by the Chairman
and attested by the Secretary. The franchise ordinance shall be
published within fifteen (15 ) days after adoption by the Commission
in the official newspaper of each member. The franchise ordinance
shall take effect thirty ( 30 ) days after the last date of its publi-
cation, or at such later date as fixed therein..
Section 8. Administration /Enforcement. The Cormnission shall
administer and enforce the cable communications franchise ordinance
or it may cun delegate the franchise ordinance enforcement and aini-
strati.on to its members, for which service the Commission shall pay
or reimburse its members.
Section 9. Rates. To the extent allowable under federal and
state law, the Commission shall approve changes in rates charged
_g_
by the cable communiczbons company. The Co . � fission shall notify
each member of proposed chances in rates charged subscribers at
least forty-five ( 45) days prior to a hearing on the iss•oe .
Section 10. Contracts, The Commission may make such contracts
as are reasonably necessary to accomplish the purposes of the Corrsnissi
Section 11.
Consultants, The
Commission
may retain the
services of experts
and legal counsel
to advise
it in accomplishing.
the purposes of the Commission.
Section 12. Advisory Committees The Commission may appoint
an advisory committee to make recommendations to it on cable com-
munications. The duties of such committees shall be set forth by
the Commission.
Section 13. Gifts /Grants The Commission may accept gifts,
apply for and use grants and may enter into agreements required in
connection therewith, and may hold, use and dispose of money or
property received as a gift or grant in accordance with the terms
thereof.
Section 14. Legislative Act ivities . The Commission may submit
written comments on rules, regulations or legislation regarding
cable communications proposed by or before the Federal Communicat ions
Commission, the Minnesota Cable Communications Board, the Minnesota
Legislature or any other state or federal body. The Commission may
also direct its representatives to appear and testify on cable
conununications before any governmental body.
Section 15. Investigation With the approval of a majority of
the Commission, directors may be authorized to .investigate the
operation of cable communications systems in other cities in Minne-
sota or elsewhere, and the expenses of traveling and subsistence of
-9-
directors in making any Such investigation shall be borne by the
c orm- -ri ssion
Section 15. Other Actions. The Commission ray exercise any
other necessar ower - and incidental to the implementation of its
P Y
p owers and duties as set forth in Article I.
Section 17. Other Laws and Regulations This Agreement, all
Commission activities and chase grants y any franchise ordinanc adopted or �fran
d b the Commission shall be subject to all local, state
and federal laws and regulations.
Section 18* Conflict Resolution In the event of an unresoly-
'
able dispute between a member city and the grantee of any franchise
granted pursuant to this Agreement, the Commission shall act as an
appeal board and use its best efforts to assist in the resolution
of the dispute.
a
IX. FINANCIAL MATTERS
Section 1: Fiscal Year. The fiscal year .of the • Commission
is the calendar year.
Section 2. Contribut ions -19 81. The 1981 financial contribution
to the operation of the Commission by the parties to this Agreement
shall be as follows:
A. Parties to this Agreement w ith a population in excess
of 10,000 based upon the most recent official census shall be as-
sessed One Thousand Dollars ( $1, 000.00) .
B. Parties to this Agreement with a population less than
1.0 , 0 0 0 based upon the most recent official census shall be assessed
Five Hundred Dollars ($500. 0 0 ) .
Section 3. Contribut ions -Subsequent Year . Contributions
for subsequent ears shall not exceed the budget amount for that
� years
_� 10
i given year. A member municipality shall be assessed a share
of the budget equivalent to the total number of votes that munici-
pality has, as it corresponds to the formula set forth in Appendix
"8" attached to this Agreement. A member shall be deemed in default
if said member's contribution is not paid in full on or before
January 31.
erection 4. 8udaet Process - 19.82. A proposed budget for the
year 1982 shall be formulated by the Commission and submitted to
the members within sixty (60 ) days after the effective date of
this Agreement. No budget shall become effective unless approved
by resolution of the governing body of member municipalities repre-
sented by three - fourths (3/4) or more of the total possible budget
shares as set forth in Appendix "B ". A proposed budget must be
approved within sixty ( 60 ) days after its submission to the member
municipalities. If the budget is not so approved, the Commission
shall promptly formulate a revised budget and submit it to the
members for their review and approval.
Section 5. Bud et Process - 5ubseauent Years. This Agreement
contemplates that franchise fees collected by this Commission shall
be in an amount sufficient to defray the operating expenses and any
other necessary expenses of this Commission in subsequent years.
The franchise ordinance shall provide that franchise fees collected
in excess of the amount needed for the annual budget shall be re-
distributed to the then existing member cities in standing
according to a formula using a proportionate share of the total
gross revenues derived from each of such member cities. In the
event the said fees are not sufficient, a proposed budget for that
-11-
•
1
year shall be formulated to raise the additional revenue. Any .
budget so formulated shall be submi ;:ted to the members on or before
August 1 of the year. No budget shall become effective un less ap-
proved by resolution of the governing body of member municipalities
represented by three - fourths (3/4) or more of the total possible
budget shares as set forth in Appendix "8" . A proposed budget
must be approved within sixty t6 0 y days after its submission to
the member municipalities. if the budget is not so approved, the
Commission shall prom tl formulate a revised budget and submit it
P P Y
to the members for their review and approval.
Section 6. Exnenditunes, The Commission may expend its funds
as it deems necessary and appropriate pursuant to this Agreement.
All checks drawn upon the Commission's account shall require the
signatures of the Treasurer and one (1) other officer of the
Executive Committee.
Section I. Annual Audit. The Commission's financial books
and records shall be audited on or before July 1, or at such other
tines as the Commission may direct, by an independent auditor desig-
nated and approved by the Commission. The result of the audit shall
be reported to the members. The Commission's books and records
shall be available for and open to examination by the members and
the public at reasonable times.
Section 8. Franchise Fees. The franchise ordinance adopted
by the Commission shall provide that the Commission shall collect
all franchise fees paid by the cable communications company.
Section 9e Annual Report The Commission shall submit to the
governing board of each member an Annual Report. This report shall
0
-12-
contain the results of the annual audit, a summary of the past
year's activity and a discussion of the Commission's plans for the
coming year. The report shall be submitted to the governing body
of each member on or before August 1 of each year.
X. WITHDRAWAL
Section 1. Withdrawal. Any municipality may withdraw from
this Agreement by giving notice prior to the Commission Hearing on
Policy Decisions. After the commencement of the Hearing on Policy
Decisions, no municipality may withdraw from this Agreement.
Section 2. Notice, In order to effectuate a withdrawal, a
member withdrawing from the Commission shall give notice to the
Coordinator of the Commission by service of a certified copy of a
resolution of its city council indicating its .intent to withdraw
from the Commission. Such notice must be given to the Coordinator
of the Commission prior to the Commission Hearing on Policy Decisions
to be effective. Upon receipt of the resolution, the Coordinator
of the Commission shall forward a copy of the resolution to each
of the directors.
Section 3. Financial Effect of Withdrawal. No financial
benefit may inure to a municipality that withdraws under this
provision nor shall there be any reimbursement for any contribution
made by the withdrawn municipality.
XI. DISSOLUTION
Section 1. Duration of Commission. The Commission may
continue f or a term up to and including f if teen (15) years . The
Commission may be dissolved only upon the expiration of the franchise,
upon the termination of the franchise for any reason stated in the
franchise ordinance or by operation of state or federal law.
-13-
Section 2. Distribution of Assets. Upon dissolution of the
Commission, all remaining assets of the Commission, after payment of '
obligations , shall. be distributed among the members in proportion
to their contributions and in accordance with procedures established
by the Commission. The Commission shall continue to exist after
dissolution for such period, no longer than six (6) months, as is
necessary to wind up its affairs, but for no other purpose.
Section 3. Effectiveness of Ordinance after Dissolution. The
franchise ordinance shall provide that upon the dissolution of the
c
Commission by operation of state or federal law, the ordinance
shall remain effective and enforceable by each individual member
within its territorial .limits.
XII. EFFECTIVE DATE
Section 1. Execution of Agreement A municipality may enter
into this Agreement by resolution of its council and the duly author-
ized execution of a copy of this Agreement by its duly authorized
officers* Thereupon, the clerk or other appropriate officer of
that municipality shall file a duly executed copy of this Agreement
together with a certif ied copy of the authorizing resolution with
the designated Coordinator of the Commission. The resolution
` the execution of the Agreement shall also designate the
authorizing g
first directors for that municipality, along with the directors'
addresses and telephone numbers.
Section 2. Effective Date. This Agreement is effective on
N •
ovember 12 1981 or on the date when executed and the authorizing
resolutions of eight (8) of the municipalities named in Article IV
of this Agreement have filed as provided in this Article.
-14-
Section 3. Previous Agreement Sunersedede This Agreement,
when effective, supersedes all previous Agreements between the
members hereto establishing a joint cable communications comm.aission.
IN WITNESS WHEREOF, the undersigned municipality has caused
this Agreement to be signed on its behalf this day of
1981.
City of
Ey
Its mayor
By
Its Manager /Clerk
-ls-
•
APPENDIX "A"
Povulation of member City Votes ne+ Director
0 -
5 1
S t ool -- 10,000 2
10,001 --15 3
15,001 - 20,000 4 .
20,001 - 25,000 5
25,001 - 30,000 6
A.PPEENMIX "B
Assessment Formula
Pov uletion of M ember City
0 - 5,000
5 -
10
10,001
- 15,000
15.
- 20,000
20,001
-- 25,000
25,001
- 30,000
Shares of annual Budcet
2
4
6
8
10
12
I
AGENDA NO. ��'
AGENDA REPORT
TO: City Manager
FROM: Finance Director 1076���
RE: RENEWAL OF INSURANCE POLICIES
DATE: June 21, 1994
INTRODUCTION
Action by' Counoil z
ndorse „
Modified„
Rej e cted
Da t e
It is proposed that the present workers' compensation insurance coverage be renewed with the
League of Minnesota Cities Insurance Trust (LMCIT). Renewal quotations for the LMCIT
property and liability coverage, Hartford Insurance Company boiler and machinery coverage and
the employee blanket bond with United Fire &Casualty are expected to be received later this
week. A separate report will be prepared for these items.
BACKGROUND
Last year the City Council approved my recommendation to bid our insurance coverage every
three years instead of annually. Since we solicited bids last year, we plan on renewing our
present insurance coverage this year and next year provided that the renewal quotations are
reasonable.
The City's present insurance coverage expires June 30, 1994. On March 28, the City Council
designated the Corporate 4 Insurance Agency to obtain renewal quotes on city property and
casualty insurance this year and next year.
PREMIUMS
Premiums for insurance are listed in the following breakdown by category:
Current New Percent
Polio. Policv Change
LMCIT - workers' compensation $139,178 $177,528 +27.6%
LMCIT" - property & liability 140
United - employee bond L954
Hartford - boiler & machinery 5
Totals $287,479
* Renewal quotes for new policy not received yet.
The workers' compensation premium for the policy period beginning July 1, 1994 will increase
by 27.6% primarily due to an increase in claims over the past three years. Premiums for the
other coverage will not be known until the renewal quotations are received.
ANALYSIS
Our insurance consultant, Susan Dieken, Preferred Risk Consultants, has analyzed the renewal
proposal for workers' compensation and her report is attached. Regarding the workers
compensation coverage, there are two options: a retrospective rating plan and a prospective
rating plan. With both rating plans the initial premium would be $177,528. However, with the
retrospective (retro) plan, the premium would adjusted at the end of the policy period based on
the amount of losses. If the losses are low, we would get a refund; if the losses are high, we
would have to pay an additional premium.
Our consultant believes the retro plan is the best option as the final premium would be less than
the prospective rating plan based upon our nine -year loss average. There are three retro plan
options and the first option is the best because the maximum premiums under the other two
options increase faster than the decrease in the minimum premiums. The anticipated premium
under the first retro option is $157,210 which is a savings of $20,318 over a prospective rating
plan. Under the retro plan, the city would pay an initial deposit premium of $177,528. The
P
minimum premium would be $86,038 and the maximum premium would be $257,717. Annually
the claims would be reviewed and it's anticipated that the city would receive a refund of
$20,318. (Premium refunds on the policies for 1988-1993 total $168,732.)
Another option with workers compensation coverage is that the city could obtain a 5 % premium
credit ($8,876) if we adopt a state certified and LMCIT approved managed care plan under a
new state law. There is still no listing of permanently certified managed care organizations.
Therefore, this option is not viable at this time. Also, the feasibility of using a managed care
plan will need to be researched by our Human Resources Director,
RECOMMENDATION
It is recommended that the Council approve the renewal of our present insurance coverage with
the LMCIT for workers' compensation under a retrospective rating plan with a maximum annual
premium of $257,717.
WAAGNUMSBIDS
Attachment
Jun . 20 '94 15:30 MTKA. 9 MN FAX 612- 935 -9 ?98 P. 2
LNjP.jjV r-4RIZED
4 .1 • • s • • . e e • • •
R I S 1K
Dani P . Faust . . .
Finance Direct CONSULTANT
City of Maplewood
1830 E. County Rd B
Maplewood, MN 5509
Re: July l 1994-95 LMCIT Workers' Compensation Renewal
Dear Dan S
Attached find a review cif losses, and options under the L14CIT
workers' compensation program. As the review indicates, the retro
plan still could of fer s avings if the loss trend continues. The
City has had two large lass years that if repeated, wo uld not b
favorable under the plan. Generally, based upon the City's
. experience, another bad lass year would not occur mein this comin
year. Overall, the retro option has been favor Based u pon
your knowledge of the City's financial capabilities and with your
agreement, I would stay w ith the retro, at least one more year to
see 'how the other year's claims tie out. Depending upon how much
risk the City is willing to take, the 3rd option or Minimum of
$62,843 would offer the greaten potential savings. My concern as
I me ntion in the review is with the 199293 policy year. It Looks
like the City could be paying quite a bit more in indemnity
payments.
1 will be in touch on Tuesday to see if you have any questions and
if I can further explain the findings.
With regard to the use of Managed Care organiza-ti.ons, although
there is quite a bit of activity with cities and businesses joining
forces with an MCO per my c onversation with the State Department
of Labor and Industry today, there is still no listing of
permanently certifed MC W 9 . The enclosed listing is the most
recent available from the State and includes those NCO's pre
certif ed under emergency rule 5213.1000 * They are able to contiriu+e
to provided their services at this time, however, the St ate
department indicated that a finalized list should .be available in
a week to 10 days. At that time, the State expects to have three
plans permanently certified, I would recommend that the City wait
to fend out who will be permanently certified prior to putting alot
of time into researching a passible select The credit offared
by the LMCIT will be pro - rated if the City contracts with an MCO
midterm.
Please Yet me Know what questions or concerns you may have if any.
Sincerely,
N LT'INTS
Ina `ARM, C
1'. �. Box �7 ritl(3 � finneapc&, Minumita 5,5447 612Jr? .M.O S
Received: 6/20/94 15:31:02 From: 612 935 9788
AGENDA NO. �'~ a
AGENDA REPORT
TO: City Manager
FROM: Finance Director
RE: PROPOSAL FOR STUDY OF RECREATION FEES
DATE: June 15, 1994
U r • r
Aot ion by Coupe l
Endorsed - I - ---
Mo dif i ed. ........�.,.. .
Rejected
Date
It is proposed that David M. Griffith &Associates (DMG) be hired to conduct a user fee study
covering recreation fees and that the cost of the study be financed by a transfer to the General
Fund from the Recreation Program Fund.
BACKGROUND
A user fee study was completed in 1992 covering the Community Development Department.
As a result of the study, the City Council approved revisions in fees charged by the Community
Development Department that will produce additional revenues of $42,000 annually. The cost
of the study was $9,500.
A user fee study was completed in 1993 for the City Clerk Department. As a result of the
study, the City Council approved revisions in fees charged by the City Clerk Department that
will produce additional revenues of $63,526 annually. The cost of the study was $8,500. Both
of these user fee studies were conducted by David M. Griffith &Associates (DMG).
When I appeared at the April 18th Park and Recreation Commission meeting to provide
information on the Park Development Fund, there was discussion about recreation program
costs. The commission thought that a study to determine both direct and indirect costs for
selected recreation programs would be beneficial. Minutes of the meeting indicate that
"Commissioner Fischer moved to recommend an investigation of the cost for hiring a firm to
do a selective park program user fee cost study; second by Qually; Ayes: All. "
On May 10 I met with a representative of DMG and the Parks and Recreation Director. During
this meeting it was decided that the most cost effective method of doing a user fee study of
recreation programs would be to study only the programs that had the largest expenditures. As
a result, DMG prepared a proposal for a user fee study covering 18 recreation programs at a
cost of $5,000. (The fees to be included in the study are listed on page 22 of the DMG
proposal. DMG also included an alternative proposal at a cost of $3,800 but this did not include
an update of the 1992 Cost Allocation Plan. It would be very beneficial to have an update of
the 1992 Cost Allocation Plan as the indirect costs would be more accurate.)
On May 16 a representative of DMG presented the proposal to the Park and Recreation
Commission. Minutes of the meeting indicate that "Chairperson Ewald moved that the Park and
Recreation Commission recommends that the city proceed with the Fee Study of Park and
Recreation Fees as proposed by David M. Griffith & Associates; second by Fischer; Ayes: All. "
It is important to note that the proposed user fee study will be dealing with a type of fee that will
affect demand more than the license and permit fees covered in the two previous user fee
studies. The registration fee amount for recreation programs greatl y affects the number of
registrants for programs. If the fee is too high, few or none will register and if the fee is low,
more may register. Thus the results of the proposed fee study may indicate that for some
programs the registration fees are too low to cover the costs but if they are raised no one would
register for the program. Then the decision will have to be made on whether or not to continue
to offer the program.
The most appropriate method of financing the cost of the proposed user fee study is by using
the surplus balance in the Recreation Program Fund. The 1993 Annual Financial Report
indicated that on 12 -31 -93 this fund had a balance that exceeded the budget by $29,284. The
proposed study should be financed by a $5,000 transfer from the Recreation Program Fund to
the General Fund.
RECOMMENDATION
It is recommended that David M. Griffith &Associates (DMG) be hired to conduct a user fee
study covering recreation fees, that the cost of the study be financed by a transfer to the General
Fund from the Recreation Program Fund and that the appropriate budget changes be authorized.
W:\AGN\RECFEE
s
AGENDA NO.
AGENDA REPORT
Action by Counoil
TO: City Manager Endorsecl_,,,...,,..._.,.�..
Nodif i e
FROM: Tom Eastman Re j eote
Date
RE: MAPLEWOOD COMMUNITY CENTER FURNITURE PURCHASE.
FROM STATE PURCHASING CONTRACT
DATE: June 20, 1994
INTRODUCTION
Recently the City Council approved $101,795 to purchase furnishings for the
Community Center. Some items were left off that bid list, because the City can
purchase them from the State Purchasing Contract. Items such as office furniture,
banquet chairs, lounge chairs and chair dollies are part of this contract. The purpose
of this report is to obtain Council approval to order Community Center Furnishing
Package # 2.
DISCUSSION
City staff is recommending an office panel system in the administrative office to best
utilize available space. The pool and gym offices will have steel case furniture
installed. There are three companies that carry the contract for items that will be
purchased.
PM Johnson - chairs for waiting area, lounges, and banquet room.
Facility Systems - panel systems, works surfaces, desk chairs, and stools.
General Office Products - steel case desks and files.
Total cost to complete this portion of the Community Center furnishings is $99,910.
The funds for this purchase are part of the Community Centers FF &E budget.
RECOMMENDATION
It is recommended that the City Council approve spending $99,910 from the FF &E
budget for specified furniture items in the Community Center as presented on the
attached list.
Furniture Specifications - State .Contract Items
2 May, 1994
Maplewood Community
Center
Project #94020
Manuf.: Herman
Miller
TQ
CQS
1. Desk chair (C2)
Type: Equa work chair
Model: E0230SEPEPBCTWEP
Description: Low back work chair w/ arms,
pneumatic lift, swivel tin.
Vinyl Fabric: "Caliber" #3102 grey
Frame and arm: EP - Eggplant
Qty:3
$330.00 $990.00
2. Desk chair (C15)
Type: Equa work chair
Model: EQ230SEPEPBCTWEP
Description: Low back work chair w/ arms,
pneumatic lift, swivel tilt.
Fabric: "Wildcard" #1602 gypsy
Frame and arm: EP - Eggplant
Qty:9
$385.00 $3
30 Stool (Sl)
Type: Equa low stool
Model: E06IOSEPEPBCTWEP
Description: Low stool w/ arms,
pneumatic lift, swivel tilt.
Fabric: "Wildcard" #1602 gypsy
Frame and arm: EP - Eggplant
Qty: 2
$503.00 $1
Manuf :. Steeicase
1. Desk (DI)
Type: 3200 series desk
Model: 32021
Description: 30" x 60" double ped. desk,
pencildrawer
Top: 2731 Shell
Paint: 4732 Rose
Qty: 3
$495.00 $1
2. File (F1)
Type: 800 series files
Model: 83 0 -261 H F
Description: 30" wide 2 drawer lateral file
with lock.
Order counter balance weight package w/
files #830497
Paint: #4905 Rose
Qty 22
$263.00 $526.00
2. File (F2)
Type: 800 series files
Model: 830 -461HF
Description: 30" wide 2 drawer lateral file
with lock.
Order counter balance weight package w/
files #830499
Paint: #4905 Rose
Qty:2
$426.00 $852.00
Pricing is estimated only and does not include Installation or sales tax. Page 1
Fumiture Specifications - State Contract Items
2 May, 1994
Maplewood Community
Center
Project #94020
Manuf.: Krueger int'l
SIT JOTAL
COS
1. Side chair (C3)
Type: Versa series
Model: 15WAUBUU /2VRN/S /BL
Description: Side chair with arms
Frame: Black
Vinyl fabric: Group 2 vinyl
#2VRN Bloc Plum
Qty:3
$115.00 $345.00
2. Waiting area chair (C4)
Type: Versa Conference series
Model: VCWAUBUU /2BRN/BL
Description: Side chair with arms
Fabric: "Beaumont" #2BRN Aubergine
Frame: Black
Qty:2
$153.00 $306.00
3. Stacking chair(C8)
Type: Versa series
Model: 15N AL- P /SA/S A/S
Description: Stack chair without arms,
polypropylene seat and back
Seat and Back: SA - sand
Frame: SA -sand
Qty: 38
$86.00 $3,268.00
4. Sled base chair (C10)
Type: Versa Conference series
Model: VCWAS /B.UU /COM/BL
Description: Sled base chair with arms
Fabric: Bernhardt "Waistcoat"
Cob r. John
Frame: Black
Qty: 8
$230.00 $1,840.00
5. Side chair (C16)
Type: Versa series
Model: 15 WA U B U U/2 B R N/S /B L
Description: Side chair with arms
Fabric: "Beaumont" #2BRN Aubergine
Frame: Black
Qty: 9
$122.00 $1
6. Side chair (C17)
Type: Versa series
.Model: 15 N A V BUU /2 V R N /S /B L
Description: Side chair without arms, vinyl
upholstery
Vinyl fabric: Group 2 vinyl
#2VRN Black Plum
Qty: 12
$109.00 $1,308.00
• Pricing is estimated only and does not include installation or sales tax. Page 2
Fumiture Specifications - State Contract Items
Maplewood Community Center
Project #94020
Manuf.: Krueger-, Intl
7. Side chair (C18)
8. Chair Dolly
Type: Versa series
Model: 15WAUB VU /Pal las/S /BL
Description: Side chair with arms
Fabric: Pallas "Gotham"
#27.051.055 Plum Green
Frame: Black
Oty•' 400
Model: VD -12
Description: 10 chairs per dolly
Qty: 40
2 May. 1994
TOTAL
COST
$13.9.00 $55,600.00
$111.00 $4,440.00
' Pricing is estimated only and does not include installation or sales tax. Page 3
Facility Systems, Inc.
June 2, 1994 .
Anne Bockelman
Akeny, Kell, Richter, Walsh Architects, P.A.
821 Raymond Avenue, Suite 400
St. Paul, Mkt 55114
Dear Anne:
I Ir
Ft
JUN 0 2 1994
p��W HrtCHITECTS
Thank you for the opportunity to submit this proposal for the City of Maplewood
Community Center.
Attached you will find a cost breakdown reflecting all items; showing description, part
number, quantity, respective list, and unit prices.
Installation is included in the price. Receiving and Delivery are separate line items.
Current figures assume non -union labor during normal working hours with free and clear
site conditions.
Actual product specifications may vary depending on final field measurements. The
current lead time on this product is 6 weeks.
Thank you again for your time and consideration of our products and services.
Sincerely,
C1 6
Mark H. Harrison
Sales Representative
6423 City West Parkway Eden Prairie, Minnesota 55344 Fax 612.829.4309 Telephone 612.829.4300
AN AFFIRMATIVE ACTION / EQUAL OPPORTUNITY EMPLOYER
Facility Systems, Inc.
June 2, 1994
Herman Miller Product $ 22,883.22
Receiving and Inspection $ 457967
Delivery $ 40.00
Total Project $ 23,380.89
Note: All above figures exclude sales tax.
6423 City West Parkway Eden Prairie, Minnesota 55344 Fax 612.829.4309 Telephone 612.829.4300
AN AFFIRMATIVE ACTION/ EQUAL OPPORTUNITY EMPLOYER
T -Y
MEMORANDUM
TO City Manager
FROM: Director of Community Development
SUBJECT: Appointment Procedure
DATE: June 22, 1994
INTRODUCTION
Action by Cotnci1:j
Endorsed-
Modified
Rejecte
Date
The Council needs to appoint new members to the Planning Commission, Community
Design Review Board (CDRB) and Housing and Redevelopment Authority (HRA). The
City Council should decide how they want to make these appointments.
BACKGROUND
The Planning Commission and CDRB have interviewed applicants for vacancies on their
respective boards. The HR.A will interview an applicant on June 28. The Planning
Commission has six applicants for two vacancies. The CDRB has two applicants for one
vacancy. The HR.A has One applicant for one vacancy.
DISCUSSION
The Council has used a variety of procedures to appoint new board members. Several
years ago, the Council briefly interviewed the candidate recommended by the board or
commission at a regular Council meeting. The Council relied on the board's or
commission's recommendation. Lately, the Council has been interviewing all or some of
the candidates at a council- manager meeting. The Council then used ballots to vote for
the applicants before the regular council meeting. The votes were tallied, the high -vote
getter was invited to the meeting and the appointment made at the regular meeting.
. g
The Council should have an appointment procedure in their Rules of Procedure. We
would then know how to handle future appointments. The only policy now is that "All
appointees to commissions, boards, etc., are to appear before the Council."
RECOMMENDATION
1. The Council should decide how to appoint new board or commission members.
They should decide how they want to make the appointments and who, when and
where they want to interview.
2. Direct the staff to add this procedure to the Council's Rules of Procedure.