HomeMy WebLinkAbout1990 09-10 City Council PacketAGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, September 10, 1990
Council Chambers, Municipal Building
Meeting No. 90 -20
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF MINUTES
1. Minutes
of
Special
Meeting
of
July 16, 1990
2. Minutes
of
Special
Meeting
of
August
9,
1990
3. Minutes
of
Special
Meeting
of
August
20,
1990
4. Minutes
of
Meeting
No. 90 -18
(August
16,
1990)
5. Minutes
of
Meeting
No. 90 -19
(August
27,
1990)
5. Minutes
of
Meeting
No. 90 -19
(August
27,
1990)
D. APPROVAL OF AGENDA
E. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council
and will be enacted by one motion. There will 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. Approval of Claims
2. Renewal of Insurance Contracts
3. Budget Transfer: City Hall and Public Works Maintenance Building
4. Final Acceptance, Brooks Ave. Watermain, Project 88 -08
5. Youth Basketball Donation
6. Budget Adjustment: Youth Dance and Gymnastics
7. Joint Resolution of Appreciation
B. Budget Adjustment: Building Inspection
9. Surveyors Certificate of Correction: Goneya's 3` Addition
F. PUBLIC HEARINGS
1.7:00 P.M.: Code Amendment: Community Design Review Board Policies (1'`
Reading)
2. 7:15 P.M.: 2078 Minnehaha Ave (McDonald's)
a. Plan Amendments (4 Votes)
J. Rezoning (4 Votes)
c. Conditional Use Permit
3. 7:35 P.M.: Conditional Use Permit Renewal and Revision: 1285 Cope Ave (Englewood
Shops)
G. AWARD OF BIDS
1. Condor Storms Sewer, Project 86 -01
H. UNFINISHED BUSINESS
I
1. Ordinance
2. Southlawn /I -694 Bridge
3. Assessment Appeals, County Road C, White Bear Ave to Ariel, Project 86 -25
4. Assessment Appeals- Gervais Ave, Project 88 -14
5. Assessment Hearing, Southlawn Drive, Beam Ave to County Road D: Project 85 -17
6. Highwood/ McKnight Outlet, Project 90 -10
7. Charitable Gambling Ordinance
NEW BUSINESS
1. Used Car License: 1908 Rice Street
2. City Hall Open House
3. City Hall Update
J. VISITOR PRESENTATIONS
K. COUNCIL PRESENTATIONS
1.
2.
3.
4.
L. ADMINISTRATIVE PRESENTATIONS
1.
2.
3.
4.
M. ADJOURNMENT
SPECIAL MEETING
OF THE
CITY COUNCIL OF THE CITY OF MAPLEWOOD
5:00 p.m., Monday, July 16,1990
Community Room, City Hall
MINUTES
A. CALL TO ORDER
The special meeting of the Maplewood City Council was held in the Community
Room, City Hall. The meeting was called to order by Acting Mayor George
Rossbach at 5:03 p.m.
B. ROLL CALL
Acting Mayor George Rossbach Present
Councilperson Gary Bastian Present
Councilperson Fran Juker Present
Councilperson Joe Zappa Present
Others Present:
City Manager Michael McGuire
Assistant City Manager Gretchen Maglich
City Council Candidate Mr. Dale Carlson
C. CITY COUNCIL VACANCY APPOINTMENT
City Council candidate, Mr. Dale Carlson, was interviewed by City
Councilmembers. Mr. Kevin Berglund, 1929 Kingston Ave., Maplewood, presented
a letter to the City Council in support of Dale Carlson's appointment to the
City Council. Following some discussion, Councilmember Zappa moved that this
Interview Subcommittee will recommend to the City Council during its meeting
on Monday, July 23, 1990, that Mr. Dale Carlson be appointed as a new City
Councilmember to fill the vacancy created by Councilmember Bastian's
appointment to Mayor. The motion was seconded by Councilmember Juker.
Ayes: Councilmembers Zappa, Juker, and Rossbach
Nays: None
Abstain: Councilmember Bastian
D. OTHER BUSINESS
1. Council Compensation
Following some discussion, Councilmember Zappa moved that the
salaries for the new Mayor and Councilmember become effective
August 1, 1990, and that all other benefits become effective
immediately upon appointment on July 23, 1990; and the beneficiary
of former Mayor Norm Anderson receive his compensation for the
entire month of July, 1990. The motion was seconded by
Councilmember Juker.
Ayes: All
2. Name for New Conference Room
After discussing various suggested names, Councilmember Zappa
moved that the new, large conference room be officially named "The
Maplewood Room ". The motion was seconded by Acting Mayor
Rossbach.
Ayes: All
I��e1111f11It3il
The meeting was adjourned at 6:00 p.m.
MINUTES OF MAPLEWOOD CITY COUNCIL
4:30 P.M., Thursday, August 9, 1990
Maplewood Room, Municipal Building
Meeting No. 90 -16A
A special meeting of the City Council of the City of Maplewood, Minnesota, was
held in the Maplewood Room, Municipal Building, and was called to order at 4:30
P.M., by Mayor Bastian.
B. ROLL CALL
Gary W.
Bastian,
Mayor
Present
Dale H.
Carlson,
Councilmember
Present
Frances
1. Juker,
Councilmember
Present
George
F. Rossbach, Councilmember
Present
Joseph
A. Zappa,
Councilmember
Present
Council signed waivers to hold the special meeting.
C. COUNCIL PRESENTATIONS
1. Variance - Setback Ordinance
a. Director of Community Development Olson stated the applicant was
requesting a variance from the pipe line setback ordinance to build a home
on Lot 20, Block 1, Maplewood Meadows that would be on the easement.
b. Mr. Bruce Mogren, representing the developer, spoke on behalf of the
request.
c. Following discussion, Mayor Bastian moved to table this item until
Monday August 13 1990 and add it to the Agenda as Item H -2.
Seconded by Councilmember Zappa. Ayes - all.
D. ADJOURNMENT
5:07 P.M.
Mayor Bastian moved to suspend the Rules of Procedures and meet in Council /staff Workshop
Session from 5.10 to 6.00 P.M., and then to adiourn in to labor negotiations
.,econded by Councilmember Zappa. Ayes - all.
�� City Clerk
I DO HEREBY WAIVE THE RIGHT TO WRITTEN NOTICE FOR THE SPECIAL
MEETING OF AUGUST 9, 1990, AT 4:30 P.M. AS REQUIRED BY SECTION
1, RULES OF PROCEDURES OF THE MAPLEWOOD CITY COUNCIL
ATTEST
t.
C
I DO HEREBY WAIVE THE RIGHT TO WRITTEN NOTICE FOR THE SPECIAL
MEETING OF AUGUST 9, 1990, AT 4:30 P.M. AS REQUIRED BY SECTION
1, RULES OF PROCEDURES OF THE MAPLEWOOD CITY COUNCIL
r
I DO HEREBY WAIVE THE RIGHT TO WRITTEN NOTICE FOR THE SPECIAL
MEETING OF AUGUST 9, 1990, AT 4:30 P.M. AS REQUIRED BY SECTION
1, RULES OF PROCEDURES OF THE MAPLEWOOD CITY COUNCIL
Cu LLt- c/1...�ct1� ATTEST
L
L
I DO HEREBY WAIVE THE RIGHT TO WRITTEN NOTICE FOR THE SPECIAL
MEETING OF AUGUST 9, 1990, AT 4:30 P.M. AS REQUIRED BY SECTION
1, RULES OF PROCEDURES OF THE MAPLEWOOD CITY COUNCIL
fie/ V. a,..e ATTEST
I DO HEREBY WAIVE THE RIGHT TO WRITTEN NOTICE FOR THE SPECIAL
MEETING OF AUGUST 9, 1990, AT 4:30 P.M. AS REQUIRED BY SECTION
1, RULES OF PROCEDURES OF THE MAPLEWOOD CITY COUNCIL
n
SPECIAL MEETING
OF THE
CITY COUNCIL OF THE CITY OF MAPLEWOOD
6:00 p.m., Monday, August 20,1990
Maplewood Room, City Hall
MINUTES
MEETING NO. 90 -18
A. CALL TO ORDER
The special meeting of the Maplewood City Council was held in the Maplewood
Room, City Hall. The meeting was called to order by Mayor Gary Bastian at
6:01 p.m.
B. ROLL CALL
Mayor Gary Bastian Present
Councilperson Dale Carlson Present
Councilperson Fran Juker Present
Councilperson George Rossbach Present
Councilperson Joe Zappa Present
Others Present:
City Manager Michael McGuire
Assistant City Manager Gretchen Maglich
City Attorney Patrick Kelly
Director of Community Development Geoff Olson
Councilmember Zappa moved that the agenda be approved with the following
amendments
D - COUNCIL PRESENTATIONS
1. Houses on White Bear Avenue
2. Picketing Ordinance
3. Mayor's Report
E - ADJOURNMENT
The motion was seconded by Councilmember Rossbach. Ayes: All
C. NEW BUSINESS
1. Land Use Plan and Rezoning
Director of Community Development Geoff Olson presented the staff
report and explained that the land use plan and the zoning plan
designations were not in agreement on the following 32 locations.
The purpose of the item was to identify the specific locations
that the City Council wanted to change the land use plan or zoning
designation which would then require public hearings.
The meeting recessed at 7:57 p.m. and reconvened at 8:01 p.m.
Following some discussion, it was the consensus of the City Council that the
following areas should be considered for a change in the land use plan or
zoning designation:
1. Highway 61: Beam to County Road D
2. Highway 61: County Road C to Beam
3. Highway 61: Trailer Park to County Road C
4. Highway 61: Highway 36 to Trailer Park
14. North of County Road D, East of White Bear
15. Southeast of County Road D and Ariel
18. Hillcrest Land on 11th Avenue
19. White Bear Avenue, North of 11th Avenue (Fernow and Mogren)
21. White Bear Avenue and Cope Avenue
22. County Road B, East of Highway 61
24. Southwest Corner of White Bear Avenue and County Road B
27. Larpenteur Avenue and BN Corridor
28. Frost Avenue and Clarence Street
29. McMenemy Street, North of Roselawn Avenue
31. Stillwater Avenue, North of Minnehaha
32. Minnehaha Avenue, 3M to Century Avenue
At this time, it was the consensus of the City Council to take no action on
the following areas:
13. North of County Road D, East of White Bear
16. Southeast of White Bear and Woodlynn
17. County Road D - Haijek's Land
20. South of 11th, East of White Bear Avenue
23. County Road B, East of White Bear Avenue (Fulk)
25. McKnight Road, North of Larpenteur Avenue
26. Sterling Street, North of Larpenteur Avenue
30. McMenemy, South of Roselawn Avenue
The meeting recessed at 8:18 p.m. and reconvened at 8:25 p.m.
Director of Community Development Olson was instructed by the City Council to
evaluate the following areas using the new density tables.
5.
6.
7.
8.
9.
10.
11.
12.
Southeast Corner of McKnight and Maryland
Northwest Corner of McKnight and Maryland
Northwest of Maryland and Ferndale
Priory Land at Century and Larpenteur
Hillcrest Property at McKnight
Rolling Hills Mobile Home Park
Cave's Century Addition
Beaver Lake Mobile Home Park
There was some discussion regarding an ordinance which would require higher
quality building construction for reasons of health, safety, and welfare of
the public.
The meeting recessed at 9:15 p.m. and reconvened at 9:20 p.m.
2. Water Contract
Following a presentation by Assistant City Manager Maglich
regarding the contract with the St. Paul Board of Water
Commissioners, staff was instructed to obtain monthly household
rates paid in other cities, i.e., St. Paul and Roseville and
contract terms that other cities have with St. Paul.
3. Police Study
Councilmember Zappa moved that discussion about the Police Study
be tabled The motion was seconded by Councilmember Juker. Ayes:
All.
D. COUNCIL PRESENTATIONS
1. Houses on White Bear Avenue
Councilmember Juker
on was seconded by Councilmember
2. Picket Ordinance
Mayor Bastian
Councilmember Zappa. Ayes:
3. Mayor's Report
motion was
Discussion was held regarding the upcoming meeting between the
City Council and Senator Rudy Boschwitz at the State Fair, Rudy's
Super Duper Milk House, Thursday, August 23, 1990, 3:00 -4:00 p.m.
The following items will be topics for discussion: a single
zipcode for the entire City and a post office; mandated programs
without additional funding; access to interstate highways and
funding without State intervention; and local control over cable
television.
Mayor Bastian reminded the Council of the League of Minnesota
Cities meetings at Stillwater and other locations. It was
reported that the problems with the homes at the intersection of
McKnight and Larpenteur have been resolved.
Mayor Bastian
Councilmember Zappa. Ayes: All.
E. ADJOURN
The meeting was adjourned at 10:00 p.m.
motion was seconded by
MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, August 27, 1990
Council Chambers, Municipal Building
Meeting No. 90 -19
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
Mayor Bastian.
B. ROLL CALL
Gary W.
Bastian,
Mayor
Present
Dale H.
Carlson,
Councilmember
Present
Frances
L. Juker,
Councilmember
Present
George
F. Rossbach, Councilmember
Present
Joseph
A. Zappa,
Councilmember
Present
[ ���ti3g�Ltl ;tsi+
1. Minutes of Meeting No. 90 -17 (August 13, 1990)
Councilmember Zappa moved to approve the Minutes of Meeting No. 90 -17
(August 13. 19905 as submitted.
Seconded by Councilmember Rossbach. Ayes - all.
2. Minutes of Special Meeting of August 16, 1990)
Councilmember Zappa moved to approve the Minutes of Special Meetino of August 16.
1990 as submitted.
Seconded by Councilmember Rossbach. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Bastian moved to approve the Agenda as amended:
1. Balloons
2. Speakers
3. Maplewood History
4. Pool Hall, Update Ordinance
5. outlots - Tree Plantings
1 8 -27 -90
6. Mayor's Report
7. Add I -11 Committee Assignments
Seconded by Councilmember Zappa. Ayes - all.
E. CONSENT AGENDA
Councilmember Zappa moved to remove Item E -2 to become Item I -12.
Seconded by Mayor Bastian. Ayes - all.
Councilmember Zappa moved, seconded by Mayor Bastian, Ayes - all, to aoorove the
Consent Agenda, Items 1 and 3 through 5 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE:
$ 101,032.94 Checks # 10680 thru # 10751
Dated 8 -01 -90 thru 8 -15 -90
S 797,456.14 Checks # 6968 thru # 7108
Dated 8 -27 -90
$ 898,489.08 Total per attached voucher /check register
PAYROLL:
$ 101,675.90 Payroll Checks
S 38.125.00 Payroll Deductions
$ 139,800.90 Total Payroll
$ 1,038,289.98 GRAND TOTAL
2. ordinance to Change Council Payroll Procedures (lot Reading)
Discussed as Item I -12.
2 8 -27 -90
3. Finance Department Staff Changes
Authorized the replacement of the full -time accountant that has resigned
and authorized the hiring of a permanent part -time accountant at the same
time.
4. Time Extension: Hillwood Oaks No. 2 Preliminary Plat
Approved a one -year time extension for Hillwood Oaks No. 2 Preliminary
Plat, subject to the original conditions of approval.
S. Budget Transfer: City Clerk
Approved a budget transfer of $4,000 from 101- 119 - 000 -4910 to accounts
101- 302 - 000 -4360 ($2,200) and 101 -301- 000 -4110 ($1,800) to cover current
and future expenses for the balance of 1990.
F. PUBLIC HEARINGS
1. 7:00 P.M., County Road C, White Bear Avenue to Ariel, Project 86 -25: Assessment
Hearing.
a. Mayor Bastian convened the meeting for a public hearing regarding the
adoption of the proposed County Road C Project 86 -25 assessment roll.
b. Manager McGuire presented the staff report.
c. City Attorney Pat Kelly explained the legal procedures for conducting
an assessment hearing.
d. Director of Public works Haider presented the specifics of the
proposed assessment roll.
e. Mayor Bastian called for proponents. None were heard.
f. Mayor Bastian called for opponents. The following were heard:
Delores Ethier, 2187 Floral Drive, White Bear Lake, also submitted a
written objection
David Trepanier, 2702 E. 1st Avenue, North St. Paul, also submitted a
written objection
g. Mayor Bastian closed the public hearing.
3 8 -27 -90
h. Councilmember Rossbach moved to refer the assessment roll back to
staff for further information.
Motion died for lack of a second.
i. Councilmember Zappa moved to accept the assessment roll with the
deletion of the sidewalk assessment.
Motion died for lack of a second.
J. Councilmember Juker introduced the following resolution and moved its
adoption:
90 -8- 142
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed upon all objections to the
proposed assessment for the construction of County Road C - White Bear
Avenue to Ariel Street, as described in the files of the City Clerk as
Project 86 -25, and has amended such proposed assessment as it deems just,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. Such proposed assessment, as amended, a copy of which is
attached hereto and made a part hereof, is hereby accepted
and shall constitute the special assessment against the
lands named therein, and each tract of land therein
included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against
it.
2. Such assessment shall be payable in equal annual
installments extending over a period of 20 years, the
first of the installments to be payable on or after the
first Monday in January, 1991, and shall bear interest at
the rate of nine (9.0) percent per annum from the date of
the adoption of this assessment resolution. To the first
installment shall be added interest on the entire
assessment from the date of this resolution until December
31, 1990. To each subsequent installment when due shall
be added interest for one year on all unpaid installments.
3. It is hereby declared to be the intention of the Council
to reimburse itself in the future for the portion of the
4 8 -27 -90
cost of this improvement paid for from municipal funds by
levying additional assessments, on notice and hearing as
provided for the assessments herein made, upon any
properties abutting on the improvement but not made, upon
any properties abutting on the improvement but not herein
assessed for the improvement, when changed conditions
relating to such properties make such assessment feasible.
4. To the extent that this improvement benefits nonabutting
properties which may be served by the improvement when one
or more later extensions or improvements are made, but
which are not herein assessed, therefore, it is hereby
declared to be the intention of the Council, as authorized
by Minnesota Statutes Section 420.051, to reimburse the
City by adding any portion of the cost so paid to the
assessments levied for any of such later extension or
improvements.
S. The Clerk shall forthwith transmit a certified duplicate
of this assessment to the County Auditor to be extended on
the property tax lists of the County, and such assessments
shall be collected and paid over in the same manner as
other municipal taxes.
Seconded by Councilmember Zappa.
Councilmember Rossbach moved that the sidewalk assessment hg del
Seconded by Mayor Bastian. Ayes - Mayor Bastian, Councilmembers
Carlson and Rossbach.
Mays - Councilmembers Juker and Zappa.
Voting on original motion. Ayes - all.
k. Council stated appeals of the assessment will be discussed on September 10,
1990.
2. 7:10 P.M., Gervais Avenue, Project 88 -14: Assessment Bearing
a. Mayor Bastian convened the meeting for a public hearing regarding the
adoption of the proposed assessment roll for Gervais Avenue Project 88 -14.
b. Manager McGuire presented the staff report.
5 5 -27 -90
c. City Attorney Kelly explained the legal procedures regarding the
assessment hearing.
d. Director of Public Works Haider presented the assessment roll in
detail.
e. Mayor Bastian called for proponents. None were heard.
f. Mayor Bastian called for opponents. The following were heard:
Dick Galera, representing Donald Regan; also submitted a written objection.
Donald Regan, owner of property.
Frederick Fischer, representing Hartford Langer; also submitted a written
objection.
State of Minnesota submitted a written objection.
g. Mayor Bastian closed the public hearing.
h. Councilmember Juker introduced the following resolution and moved its
adoption:
90 -8 -143
t WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed upon all objections to the
proposed assessment for the construction of Gervais Avenue - English
Street to Mn /Dot Laboratory Drive, as described in the files of the City
Clerk as Project 88 -14, and has amended such proposed assessment as it
deems just,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. such proposed assessment, as amended, a copy of which is
attached hereto and made a part hereof, is hereby accepted
and shall constitute the special assessment against the
lands named therein, and each tract of land therein
included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against
it.
6 8 -27 -90
2. Such assessment shall be payable in equal annual
installments extending over a period of 20 years, the
first of the installments to be payable on or after the
first Monday in January, 1991, and shall bear interest at
the rate of nine (9.0) percent per annum from the date of
the adoption of this assessment resolution. To the first
installment shall be added interest on the entire
assessment from the date of this resolution until December
31, 1990. To each subsequent installment when due shall
be added interest for one year on all unpaid installments.
3. It is hereby declared to be the intention of the Council
to reimburse itself in the future for the portion of the
cost of this improvement paid for from municipal funds by
levying additional assessments, on notice and hearing as
provided for the assessments herein made, upon any
properties abutting on the improvement but not made, upon
any properties abutting on the improvement but not herein
assessed for the improvement, when changed conditions
relating to such properties make such assessment feasible.
4. To the extent that this improvement benefits nonabutting
properties which may be served by the improvement when one
or more later extensions or improvements are made, but
which are not herein assessed, therefore, it is hereby
declared to be the intention of the Council, as authorized
by Minnesota Statutes Section 420.051, to reimburse the
City by adding any portion of the cost so paid to the
assessments levied for any of such later extension or
improvements.
5. The Clerk shall forthwith transmit a certified duplicate
of this assessment to the County Auditor to be extended on
the property tax lists of the County, and such assessments
shall be collected and paid over in the same manner as
other municipal taxes.
Seconded by Councilmember Rosabach.
Councilmember Zappa moved to table until further information is obtained
Seconded by Councilmember Carlson. Ayes - Councilmembers Carlson and
Zappa.
7 5 -27 -90
Nays - Mayor Bastian, Councilmembers
Juker and Rossbach.
Motion defeated.
Voting on original motion. Ayes - Councilmembers Carlson,
Juker, Rossbach and Zappa
Nay - Mayor Bastian.
i. Council stated discussion on the objections to the assessments will be
heard September 10, 1990.
3. 7:20 P.M., Southlawn Drive, Beam Avenue to County Road D, Project 85 -17:
Assessment Hearing.
a. Mayor Bastian convened the meeting for a public hearing regarding the
adoption of the proposed assessment roll for Southlawn Drive Project 85-
17.
b. Manager McGuire presented the staff report.
c. City Attorney Kelly explained the legal procedures for the assessment
hearing.
d. Director of Public Works Haider presented the specifics of the
proposed assessment roll in detail.
e. Mayor Bastian called for proponents. None were heard.
f. Mayor Bastian called for opponents. The following were heard:
Mark Laughlin, representing Ron Ringling of Day's Inn; also
submitted a written objection.
Mr. Robert Hajicek, 1700 E. County Road D; also submitted a
written objection.
g. Councilmember Rossbach moved to continue this hearing until September
10, 1990.
Seconded by Councilmember Zappa. Ayes - all.
4. 7:45 P.M., Rezoning: Southlawn Drive and County Road D (Weston Real Estate)
(4 Votes)
8 8 -27 -90
a. Mayor Bastian convened the meeting for a public hearing regarding the
request of Weston Real Estate to rezone approximately 20 acres of land
from F (farm residential) to BC (Business Commercial) located on the
southwest corner of County Road D and Southlawn Drive.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Mayor Bastian called for proponents. The following were heard:
Ken Bowser, 1765 E. County Road D; Mr. Bowser also presented his opinions
in writing and submitted letters from Jack Miles and Jean Goins in
favor of the proposal.
George Supan, 3040 Hazelwood, for the proposal, but is concerned about
traffic.
f. Mayor Bastian called for opponents. None were heard.
g. Mayor Bastian closed the public hearing.
h. Councilmember Rossbach introduced the followinc resolution and moved
its adoption:
90 -8- 144
WHEREAS, Weston Real Estate applied for a rezoning from F (farm
residential) to BC (business commercial).
WHEREAS, this rezoning applies to the east 620 feet of the property
located at 1700 County Road D.
WHEREAS, the history of this rezoning is as follows:
1. The Planning Commission reviewed this rezoning on August
20, 1990. They recommended to the City Council that the
rezoning be approved.
2. The City Council held a public hearing on August 27, 1990.
City Staff published a notice in the "Maplewood Review -
and sent notices to the surrounding property owners as
9 8 -27 -90
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.
MOW, THEREFORE, BE IT RESOLVED that the City Council approve the
above- described rezoning 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.
4. The proposed change would have no negative effect upon the
logical, efficient, and economical extension of public
services and facilities, such as public water, sewers,
police and fire protection and schools.
Seconded by Councilmember Zappa.
S. 8:00 P.M., 2168 White Bear Avenue:
Ayes - all.
(Fina Oil and Chemical Co.)
a. Conditional Use Permit
b. Easement Vacation
1. Mayor Bastian convened the meeting for a public hearing
regarding the request of Fine Oil and chemical Company for
approval of the following:
a. A conditional use permit (CUP) for a public garage
in a BC (business commercial) district, and
b. Vacation of the southerly 15 feet of a 30 -foot-
wide utility easement along the north side of the
site.
2. Manager McGuire presented the staff report.
10 8 -27 -90
3. Director of Community Development Olson presented the
specifics of the proposal.
4. Board Member Marie Robinson presented the Community Design Review
Board report.
S. Brian Cluts, Architect representing Fine Oil, spoke on behalf
of the request.
6. Mr. Don Morrow, Fina Oil and Chemical Company, answered
questions from the Council.
7. Mayor Bastian called for proponents. None were heard.
8. Mayor Bastian called for opponents. None were heard.
9. Mayor Bastian closed the public hearing.
10. Councilmember Zappa introduced the following resolution
and moved its adoption:
90 -8- 145
WHEREAS, Fina Oil and chemical Company applied for a
conditional use permit to operate a public garage on property
zoned SC, (business commercial).
WHEREAS, this permit applies to 2168 White Bear Avenue. The
legal description is:
Lots 1 and 2, Block 29, Smith and Taylor's Addition to
North St. Paul.
WHEREAS, the history of this conditional use permit is as
follows:
1. The Planning Commission discussed this application
on August 6, 1990. They recommended to the City
Council that said permit be approved.
2. The City Council held a public hearing on August
27, 1990. City staff published a notice in the
paper and sent notices to the surrounding property
owners as required by law. The Council gave
everyone at the hearing a chance to speak and
11 8 -27 -90
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 for the following
reasons:
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.
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.
12 8- 27-90
9. The use would cause minimal adverse environmental
effects.
Approval is subject to the following conditions:
1. All construction must be in accordance with the
site plan as amended. The amendment adds a
driveway along the east side of the Fina buildings
to County Road B. The Director of Community
Development may approve minor changes. The City
Council may approve major changes.
2. This permit shall be subject to review after one
year from the date of approval, based on the
procedures in City code.
3. The hours of operation shall be between 7 :00 a.m.
and 8:00 P.M.
4. There shall be no outside material storage
permitted. All trash kept outside must be stored
within the trash enclosure.
S. Compliance with the City's motor fuel station
ordinance.
6. A double - walled, above ground oil storage tank in
the oil pit area, if Code permits.
7. The boulevard irrigation system shall only be
operated between 10:00 P.M. and 6 :00 A.M.
Seconded by Councilmember Rossbach. Ayes - all.
11. Councilmember Rossbach introduced the following resolution and moved its
adoption:
90 -8 -146
WHEREAS, Fins. oil and Chemical Company applied for the
vacation of the following described easement:
WHEREAS, the history of this vacation is as follows:
13 8 -27 -90
1. A majority of the property owners abutting this
signed a petition in favor of this vacation;
2. The Planning Commission discussed this vacation on
August 6 1990. They recommended to the City
Council that this vacation be approved.
3. The City Council held a public hearing on August
27, 1990. city staff published a notice in the
"Maplewood Review" and sent notices to the
abutting property owners as required by law. The
council gave everyone at the hearing a chance to
speak and present written statements. The Council
also considered reports and recommendations from
the City staff and Planning Commission.
WHEREAS, after the vacation is approved, public interest in
the property will accrue to the following abutting property:
Lot 1, Block 29, Smith and Taylor's Addition to North St.
Paul.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve
the above- described vacation for the following reasons:
1. It is in the public interest.
2. The remaining 15 feet of utility easement is still
sufficient width for servicing this sanitary sewer
main.
Seconded by Councilmember Zappa. Ayes - all.
G. AWARD OF BIDS
1. Footprint Lake Storm Sewer Project.
a. Manager McGuire presented the staff report.
b. Councilmember Zappa introduced the followina resolution and moved its
adoption:
14 8 -27 -90
90 -5 -147
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Progressive Contractors, Inc., in the amount of $1,920,995.27 is
the lowest responsible bid for the construction of Footprint Lake Storm
Sewer, City Project 87 -32, and the Mayor and Clerk are hereby authorized
and directed to enter into a contract prepared by the City Attorney to
avoid claims for delays before November 14, 1990, with said bidder for and
on behalf of the City.
FURTHERMORE, the project budget is amended to $2,500,000, and the
project financing is amended as follows:
Assessments
State Aid
General obligation
San. Sewer Fund
$ 700,000
665,000
635,000
500,000
$2,500,000
Seconded by Councilmember Carlson.
Previous
t6- 19 -901 Cha nce
$ 700,000 0
665,000 0
1,042,600 - $407,600
554.000 - 54.000
$2,961,600 - $461,600
Ayes - all.
4ayor Bastian recessed the Meeting for five minutes.
Mayor Bastian reconvened the Meeting at 9:55 P.M.
H. UNFINISHED BUSINESS
1. Plan Amendment - Density Conversion Table (4 Votes)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the alternatives
provided for adoption of a Density Conversion Table.
C. Mayor Bastian moved to aoorove alternate No 3 of the Density
Conversion Table as follows
DENSITY CONVERSION TABLES
TABLE 1: MAXIMUM ALLOWED DENSITIES
15 8 -27 -90
RL, Residential low density = 11.9 people/ gross acre
RM, Residential medium density = 13.3 people/ gross acre
RE, Residential high density = 22.8 people/ gross acre
TABLE 2: DENSITY CONVERSION TABLE
7•_
Single Dwellings
3.4
Double Dwellings
2.7
Town Houses
2.7 a
Mobile Homes
2.5
Apartments (3 -4 units /building)
2.7 b
Apartments (5+ units /building)
1.9 c
Apartments (1- bedroom elderly)
1.1
Apartments (2- bedroom elderly)
2.0
TABLE 3: TABLE CONVERTING PEOPLE /UNIT TO UNITS /GROSS -ACRE
Tyne of Dwelling Maximum Allowed Density in Units /Gross -Acre
RL RM HE
Single Dwelling
3.5
3.9
- --
(' Double Dwellings
4.4
4.9
8.4
Town Homes
4.4
4.9
8.4
Mobile Homes
- --
5.3
- -2
Apartments
(3 -4 unit /bldg.)
4.4
4.9
8.4
Apartments
(5+ unit /bldg.)
6.3
7.0
12.0
Apartments
(elderly)
( Based on bedroom
mix.
See above table.).
Notes
(1) The maximum allowed density shall be determined by the minimum lot areas in
the zoning code. If minimum area lots for each unit are not platted, the maximum
number of units shall be determined by dividing the net project area by the
minimum required lot area. Minimum lot areas may be reduced in planned unit
developments, where the overall project does not exceed the maximum allowed
density.
16 8 -27 -90
(2) The maximum allowed density shall be determined by State required minimum lot
areas.
(a) Assumes an equal mix of 2 and 3 bedroom units (source: Fred Haas, Mary
Anderson Construction).
(b) Assumes an equal mix of 2 and 3 bedroom units.
(c) Based on a bedroom mix of 1.96 efficiencies, 43.46 one - bedrooms, 52.16 two -
bedrooms and 2.66 three - bedrooms (source .-Maplewood survey of apartment units).
The above numbers are based on the 1980 Census, except for mobile homes. Each
of the three maximum population densities from the land use plan was divided by
the combined people per unit for each type of dwelling reported in the census.
Mobile homes are at the 1970 Census figure to keep future mobile home parks
consistent with the character of the most recently developed parks. The City
intends to review all density figures after each Federal Census and make
adjustments as needed.
Seconded by Councilmember Zappa. Ayes - all.
2. Gambling Ordinance (Second Reading)
a. Manager McGuire presented the staff report.
b. Mayor Bastian moved to table for two weeks to allow further review.
Seconded by Councilmember Rossbach
Ayes - Mayor Bastian, Councilmembers
Carlson, Juker and Rossbach.
Nay - Councilmember Zappa.
I. NEW BUSINESS
1. Consultant Contract for Fire Department Accounting Report
a. Manager McGuire presented the staff report.
b. Mayor Bastian moved that BPMG Peat Marwick be hired to Provide
recommendations on accounting Procedures used by the City fire deoartmen_s
r and that S5,000 be annrooriated from the General Fund contingency account
to cover the cost.
Seconded by Councilmember Zappa. Ayes - all.
17 8 -27 -90
2. Southlawn - I -694 Bridge
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider explained what had to be completed
before Southlawn can extend over I -694.
c. Mayor Bastian moved to direct staff to investigate options on Property
that would Provide access to the Highway and move traffic out of the Mall
area.
Seconded by Councilmember Juker. Ayes - all.
3. Truck Utilities - 2370 English Street
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson stated the City Attorney had
advised that the problem of cleaning up the area be handled under the
nuisance ordinance and not through a C.D.R.S. condition.
c. Leo Capeder, Truck Utilities, stated the area would be cleaned.
d. Mayor Bastian moved to accent the staff report.
Seconded by Councilmember Zappa. Ayes - all.
4. Code Amendment: Community Design Review Board Policies (First Reading)
a. Councilmember Bastian moved to table this item to a future meeting.
Seconded by Councilmember Rossbach. Ayes - all.
S. RE (Residential Estate) District
a. Manager McGuire presented the staff report.
b. Mayor Bastian moved to direct staff to initiate a RE 20 Zone District
for the property east of Mark's Nature Haven.
Seconded by Councilmember Zappa. Ayes - all.
6. Stop Sign at Sterling at Ripley
a. Manager McGuire presented the staff report.
18 8 -27 -90
b. Councilmember Zappa introduced the following resolution and moved its
adoption:
90 -8- 148
BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL that stop
signs be installed on Sterling Street at Ripley Avenue.
Seconded by Councilmember Juker. Ayes - all.
C. Shirley Klitzke, 1812 Sterling, requested City investigate the trash
that is accumulating in the woodlands in this area and also if the police
could patrol the area before the start of the Hill- Murray school day and
after school is out. The resident also complimented staff for all their
cooperation.
Councilmember Juker moved to waive the Rules of Procedures and extend the meetinc to the
end of the Acenda.
Seconded by Councilmember Rossbach. Ayes - all.
7. Lift Station Serving Ripley Residents
a. Manager McGuire presented the staff report.
b. Kelly Gohr, 540 Ripley Avenue, explained the sewer back up problems
she is experiencing when the lift station becomes inoperable (such as a
power outage).
c. Councilmember Zappa moved to direct staff to investicate alternatives
to solvinc the problems what the cost would be and how the project would
be refunded.
Seconded by Councilmember Juker. Ayes - all.
S. Crestview Forest Townhomes Owners' Association: Vista Hills Park
a. Manager McGuire presented the staff report.
b. Aleda Kroll, 577 So. Sterling, spoke on behalf of the Crestview Forest
Townhomes Owners' Association, stated the concerns they have for the
access to the Vista Hills Park. The following also voiced their opinions:
George Hawn, 563 Sterling
Bea Robertson, 597 Sterling
19 8 -27 -90
Me. Tomlinson, 2587 Pond Avenue
Mr. Legal, 521 Sterling
Jackie Ditmore, 575 Sterling
c. Mayor Bastian moved to table this item until the Council meeting of
September 24 1990 to allow staff to review alternative accesses
Seconded by Councilmember Zappa. Ayes - all.
9. Kennel License Ordinance
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved first reading of an ordinance that included
Kennel license in an R -1 zone district.
Seconded by Mayor Bastian. Ayes - all.
10. City hall Update and Landscape Plan
a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich explained the informal bids received
for landscaping the parking lot of City Hall.
c. Councilmember Zappa moved to hire Bachman's for Alternate 2 to
landscape the parking lot in the amount of $10,485.00 and that staff is
directed to investigate the parkins lot lighting.
Seconded by Councilmember Juker. Ayes - all.
d. Mayor Bastian moved to authorize a S5,000 payment to the contractor of
the City Hall Expansion and requested the Architects appear before Council
at the Council /workshop session on September 6. 1990.
Seconded by Councilmember Zappa. Ayes - all.
11. Committee Assignments
Mayor Bastian moved the following Committee assignments:
Suburban Cables Mayor Bastian, Councilmember Carlson, alternate
Partnership Board: Councilmember Zappa
20 8 -27 -90
Hazardous Waste: Councilmember Juker
United Way - Blue Ribbon Committee: Councilmember Carlson
North Suburban Chamber: Mayor Bastian, Councilmember Zappa, alternate
St. Paul Water Board: Councilmember Carlson, Mayor Bastian, alternate
Legislative Municipal Committee: Mayor Bastian
Seconded by Councilmember Zappa. Ayes - all.
12. Ordinance to Change Council Payroll Procedure (First Reading)
a. Manager McGuire presented the staff report.
b. Councilmember Zappa stated he was against the proposed ordinance and
moved to take no action.
Motion died for lack of a second.
c. Councilmember Juker moved first reading of an ordinance to provide
that the Council is paid on a bi- weekly time period
Seconded by Councilmember Rossbach.
Ayes - Mayor Bastian, Councilmembers
Carlson, Juker and Rossbach.
Nay - Councilmember Zappa.
J. VISITOR PRESENTATIONS
None.
K. COUNCIL PRESENTATIONS
1. Balloons
a. Councilmember Juker commented on the balloons at the car dealership on
Highway 61.
b. Staff directed to investigate.
21 8 -21 -90
c. Councilmember Juker requested staff to update the temporary sign
ordinance and review the ordinance regarding novelty signs.
Seconded by Councilmember Zappa. Ayes - Councilmember Carlson, Juker,
Rossbach and Zappa.
Nay - Mayor Bastian.
d. Councilmember Juker requested staff to see if the "Benjamin's" sign at
Hazelwood and Cope is legal.
2
Speakers
a. Councilmember Juker requested staff to investigate a better speaker
system for the Fourth of July festivities.
b. Staff stated Wakefield is being considered to be a municipal City
park.
c. Councilmember Juker moved to instruct staff to investicate the
feasibility of Putting speakers and additional outlets at Wakefield and
also investigate moveable speaker system.
Seconded by Councilmember Rossbach.
Motion defeated.
3
Maplewood History
Ayes - Councilmembers Juker and
Rossbach.
Nays - Mayor Bastian, Councilmembers
Carlson and Zappa.
a. Councilmember Rossbach moved that the Maplewood Historical committee
be undated and proceed..
Seconded by Councilmember Juker. Ayes - all.
4. Pool Hall Ordinance Update
a. Mayor Bastian questioned what has happened to the pool hall ordinance.
b. Staff is proceeding with the update of the ordinance.
22 8 -27 -90
S. Outlots - Tree Plantings
a. Mayor Bastian requested that staff research if outlots could be
forested.
6. Mayor's Report
a. Mayor Bastian stated that the A.M.M. Meeting will be held September 6,
1990, at Minneapolis Convention Center; League of Minnesota Cities' annual
Fall program registrations have to be in by August 31, 1990.
b. Mayor Bastian stated the League has printed an article regarding the
Census Count. If the City does not feel this to be correct, the numbers
can be appealed.
7. Voter's Registration Day Proclamation
a. Mayor Bastian moved the following Proclamation:
WHEREAS, the National League of Women Voters has proclaimed September
22nd as National Voters Registration Day;
WHEREAS, the City Council of Maplewood encourages citizen
participation in government through voting; and
WHEREAS, the League of Women Voters will have voter registration
tables at the Maplewood Library;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that we do hereby proclaim the day of September 22, 1990, as
NATIONAL VOTER REGISTRATION DAY
in Maplewood.
AND, BE IT FURTHER RESOLVED, that copies of this proclamation be
transmitted to the national League of Women Voters as evidence of our
esteem.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great
Seal of the City of Maplewood to be affixed this sixth day of September,
one thousand nine hundred and ninety.
23 B -27 -90
Mayor
Attest:
City Clerk
Seconded by Councilmember Zappa. Ayes - all.
L. ADMINISTRATIVE PRESENTATIONS
None.
M. ADJOURNMENT
12:18 A.M.
City Clerk
24
8 -27 -90
AGENDA REPORT
T0: City Manager
FROM: Finance Director
RE: APPROVAL OF CLAIMS
DATE: August 31, 1990
AGENDA NO. E -1
Action by COUnOil.9
Endorsed -
Modified
Rejected
Date.
It is recommended that the Council approve payment of the following claims:
ACCOUNTS PAYABLE:
$ 370
83,543.90
$ 453,992.28
PAYROLL:
$ 195,049.67
$ 10,263.83
$ 205,313.50
$ 659
Checks # 10464 thru # 10821
Dated 8 -20 -90 thru 8 -31 -90
Checks # 7124 thru # 7231
Dated 9 -10 -90
Total per attached voucher /check
register
Payroll Checks
Payroll Deductions
Total Payroll
GRAND TOTAL
Attached is a detailed listing of these claims.
tmc
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VENDOR
C H EC K
VENDOR
I T r-- M
I TE 11
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NUMBER
NUMBER
D A *T* E
NAME
DEE.)CRIPTION
A MOU N f
AMOUNT
10774
541400
08/21/90
MINN. STATE TREASURER
SIATE D I V E R LIC PAYAL--'L.E
6542 00
652.00
10775
541400
08/21/90
MINN. STATE TREASURER
M f" Yf 0 R V E. H L I C f:'EES PAYAOLE
0 16 .2 4
20,016.24
10776
7; :: 4.
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0 8 / 2 2 /90
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599 35
599.35
10778
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PUBLIC EMPLOYEE
L. I FE I N'_:j U R A N C E P A Y A E
16;: . 00
16/2 . 0 0
110779
140400
08/22/90
CLERK OF DIS'TRICI COURT
CNlY DR-TV(`Rc.-*F 1.1C FE--*I-*-S PAYABILE
1.01 .50
101.50
10781
810700
08/23/90
GHTELY CO.
"3hlELY CO
_ 1 4 7
3
10782
540050
08/23/90
MlC-'RO MANA(jE'.1ll(:*N7 SYr71"TEMS INC.
C 0 N"ar R A (-: T P Y 11 .
91.91.
91.91
10783
541400
08/23/90
MINN. s , rATE rREASORER
Mf.
TFOR VEH,
7-
7
10784
541.400
08/23/90
MINN. STATE TREASURER
ST ATE: DRIVERS LIC.
481.00
481 .00
10785
190400
08/24/90
DEPT. OF NATURAL Rl.z-S0tJRS.)'t-S
f)NR LlCf---NSE f"EES PAYA(-`,t.E
►4 . 0 0
54.00
10786
541965
08/24/90
MINNESOTA COMMERCE 0E-P- f
FE. FOR R `3 RV I C. E
ZO.00
20.00
10787
630763
08/Z4/90
NATIONAL PRACTICE INSTITUTE
TRAVEL Y TRAINING
1415.00
145.00
10783
660800
08/2 4/ 90
T
NOR H S PAUL. CI'TY OF'
U T I t. I T 1
1. 9 ..3
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I 10
31T.42
10789
890101
08/24/90
US WEST COMMUNICA
77 0- 4f 00
1 77 . - Z 1
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50.95
7 TO 0 3
50. 9 E-i
51,45
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67.40
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19.54
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10790
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08/24/90
M1 JNN STATE TREASURE*R
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761 ,1. .150
76-5.50
10793
541400
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10794
540900
0 7/90
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T A V EL. TR A I N I N C,
140.00
140.00
10795
541400
0 E 2r' / 9 0
MINN. USTATE TREAfSWIRER
MOTOR VEH LTC: F E E S P A Y A LBE*
9
9
10797
541400
08/27/90
MINN. S T A T E: T R E U R FR
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560.00
10*798
450120
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IN LJ R 'A N C E
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1 --6.0o
45,354.75
741700
8 2 0 9 0
RA'11.1-3EY COUNTY
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55 4 1 8 4
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7.09
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5540900
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TRAVEL I'R A.
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1.40.00
140.00
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5 4 1 0
08 /Z'V90
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444 0 0
442.00
10 18 0
541-400
08/ 2`8 19
M I 1\1 N S T A E T RE.'A'S' 1.) R i-.. R
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10,991.47
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17.36
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4 5
FUEL OIL
FUEL OIL
31.09
F=UEL OIL
9 .
FLIEL OIL.
185 5 1
10805
662600
08/29/90
NORWEST INVESTMENTS SERVICI.:.'S
LEASE PURCHASE
4
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717 . I.
36
0:3 . 56
10806
.7ZO600
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P 0 TA G E
5, 0 o . 0 0
5 0 0 . 0 0
10807
541-400
08/29/90
MINN. STAIE TREASSUER
R'
MOTOR VE.
1-5 -.'-'.12
15
10808
541400
0 r-3 ;'9 9 0
MINN. STATE TREASURER
STATE DRIVERS LIC.
433.1 tO ,.
433.50
10809
ZZ 4 0 7 5
08/29/90
EMPLOYEE BENE'FIT PI.ANS
D F. P C, -Sl 1 DE: N T A
1
10810
140400
08/30/90
CLERK OF Di; 31TRICT 0 U RT
CNTY DRIVERS LIC.
117 w 00
11 T . 0 0
10811
530615
08/30/90
MERRIMAC CONSTRUCTION
AWARDED CONTRACTS
5
5
10812
061100
08/30/90
BANNIGAN & i-*.'.El..LY P.A.
LAND F'URCIIASE
15
15
10813
843450
08/30/90
ST'll-I.WAIF.R CITY OF:
T R A V [A. T R Al Nl N
1.4.00
14.00
10814
541400
08/30/90
MINN. STATE TREASURER
STATE DRIVERS L.IC.
1-28 .00
2:x:5.
1. 0 G.' 1 5
541.400
08 /: 0/90
MINN. STATE T R E A U R ER
MOTWR VEJH [.1c..
1 1 75 . 9.:-,.
1 1 875 . 9
1 081 6
190400
08/31/90
DEPT. OF NATURAL RESOUR"'IES
DNR LILCENSE
91c'...00
98.00
10817
72Z2
08 /31 /90
PUB-LIC EMPLOYEE
PER'A DEDiUCTION
10
PERA DEDUC—r'JON
13
23,563.00
10818
030400
08/31/90
ANDER.30N, CAROLE
OFF'I'C'E
Z.10
SUPPLIES JANITORlAl.
5 1
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18.39
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SUPPLIES OFFICE
19.52
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2 9 . 9
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4.99
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7 . 5'.--
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1:4
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2. 0 0
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4.25
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7- . I
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150
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08/31/90
14 . 4
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_'` / 1 0 / . 0
THE'RE'ISE C.ARI. SON
TRAVEL. TRAINING
47 50
47.50
7141
1Z0320
09/10/90
CELLULAR ONE
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33 . r_',0
33.
7142
14
09 / 1 0/90
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4.00
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FEE I- OR SERVICE
935.00
935.00
7144
1 ZO580
09/10/90
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DI_JF ":t; I T,: F'AYAE =l_E
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1 x ;:. . 7 4
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7145
101 100
09/10/90
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WATER COOLER
77 , 2 :5i
77.25
71
14
09 /1 0 / 90
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7147
140205
09/10/90
CLEAN STEP RU E.'I S
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14.10
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13 M..10
V
27.2
7148
151175
09/10/90
COLLINS ELECTRICAL ut.:NST.
RE:PAIR 3: MAIN /UTIL.ITY
219.75
REPAI M A I N T/ E. l_ D f -,
11 5 21
_
REPAIR :'.: MA I N'f' 1J I Z'°'M'r - . SIT
REPAIR MAINT /Ul_DO Cilit:tl.INDS
�r,r =' U5
• , .
9 : 0 . to •
7149
151425
09/10/90
Clthr PUTERLAND
SUPP
60 . 00
60.0
7150
152
09 /1
C - 1"E R1::a MANAGE IN(-'.
F --E::L; FO r`E:.R
5 5
5 5
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1619 5
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i. �: � V � : !� I tf L E
1. P P _ ! S '''
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715
1000
09/10/9
D & D S F`E:LD t_t ME'T ER INC
REPAIR & M A I N/VEHI C LE
45
REPAIR & MA INT /VEH I r. -E
90.
13 5.00
7153
180800
09/10/90
DAL.CO
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t., .� I A L
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4
7154
181900
09/10/90
DAYTON'S BLUFF SHEET METAL, IN
`. UPPLIE' - JANZTTRIAL
1t .40
10.40
7155
i y 7 0 0
09/1-0/90
E A I S 1 T)[-' C; . 1'. C.
(.1 f'` F' t_ 1 f: -- V E N I C:1. E::
11.64
11 r, 4
w
7156
23090
0
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OFF ICES S UPP L IE S
11.41
OFFICE' SUIT+ L T ES
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ti
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a. 1 . 15
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160,00
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7157
4 {x375
i_9 /1 0/' :�0
EMERGENCY APPA rLJS MA INT. INC
htF�PA IR :• MAIN T /V1r:H1 � 1_F_
;:ci�:f,tiia
i
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08/31/90 1 -1-0 4
VOUCHER/
VENDOR
CHECK VENDOR C. H L
NUMBIER N U M C..' E R DATE NAME
.C.ITY OF !!APL.A':'WLJl_.'lD
W. 1. 3 1 S TE R
(`
FOR PL.klOD 0-'="-
I T E In
f) E ".5 C R, i PT 10 N
REPAIR MAINT/VE'HICLE
MAINTENANCE MATERIAL
FACILITY
FEES FOR SERVICE
R E f " A I R F` ;--l- M AIN I / V E Hl C L F
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JUDGEME-NTS il L.OrS_:ljf,:,
REPAIR IAA INT/VEHICLE
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FEES FOR SERVICE
FEES FOR 'SERV,I,CF:
FEES FOH SERVICE
U P L. I E S E Q U I M I- Nf
JOHNSON OROS
REPAIR IIINAT 0 L. D
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Pfif.16RAM
S U P P L I E. S -- J A N I 1" 0 R I A L
MAINTENANCE MATT ERIAL
MAINTENANCt".'. MATERIAL.
MAIN'TENANCE MATE.E.RIAL
M E 11 L RS H I P
I N,:SU RANCE
0 U p L i S 1 C L
PAGE 7
71 58
Z502-00
09/!0/90
ESS BROTHERS &
697.54
7159
2 608 50
09 10/':0
FACIL.ITY SYSTE-MS, INC.
7*160
270250
09/10/90
FLEL.T T-ECH SERVICE CORP*
7161
3001'.900
09/10/90.
G.A.E. EUS INESS cl-JERVICE
•
128 .92
1 33 - 9 Z"
3 9 1 1
113.48
113.48
716Z
31O.-JO0
09 /10/90
GOODYEAR TIRE COMPANY
40-00
104.00
774.00
774.00
7163
31
09 /10/90
GOPH[IR BEAF(lNG CO
11.00
7164
310710
09/10/90
GOPHER sTATS ►NE-•ALL, INC.
7165
340010
09/10/90
o
HEALIH PRf. It,OTION,SERVICES
10 - t". 1
7166
390300
09/10/90
INDUSTRIAL SUPPt-y
10
7167
401 ~i55
09/ 10/90
JOHNSON BROS. WELL DRILLING`
49.00
7168
4 0 18 8 b
o g/10/90
JOHNSON CON"I'ROLSE INC
10
7*169
410,150
09/10/90
K MART
717~
410275
09/10/90
KANE, MICHALl
10
717 1
410420
)g / I o/ 9 0
ELE-, rRIC. INC.
KEELL ER . C
No
717"-
41.0441
09/1.0/90
KE1. I. Y I h I HIJ H ARY S E R V I C ES
7 173
430301
09/10/90
KNOWLANIS
7174
4230400
0,.--)/10/90
KNOX COMMER�`_iAL CREDIT
7175
451940
09/1.0/90
L.Af,--jER JET JOURNAL
7 17 6
4 6 04 t., 0
09/10/90
LEAGUE OF Ml[\iNi"S0fA CI TI P S
No
7177
460b75
0 9 0
LE E L. INS 1_ I I {i 1 i c �►
I T E In
f) E ".5 C R, i PT 10 N
REPAIR MAINT/VE'HICLE
MAINTENANCE MATERIAL
FACILITY
FEES FOR SERVICE
R E f " A I R F` ;--l- M AIN I / V E Hl C L F
i UDGEMENTS
JUDGEME-NTS il L.OrS_:ljf,:,
REPAIR IAA INT/VEHICLE
REPAIR MAlN_r/VE-.+lICLk'
REPAIR MAINT/VEHICLE
S U p r p [':' U I f` 11 L N 1
FEES FOR SERVICE
FEES FOR 'SERV,I,CF:
FEES FOH SERVICE
U P L. I E S E Q U I M I- Nf
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REPAIR IIINAT 0 L. D
TRAVE1. & TRAINING
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C.
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Pfif.16RAM
S U P P L I E. S -- J A N I 1" 0 R I A L
MAINTENANCE MATT ERIAL
MAINTENANCt".'. MATERIAL.
MAIN'TENANCE MATE.E.RIAL
M E 11 L RS H I P
I N,:SU RANCE
0 U p L i S 1 C L
PAGE 7
CHECK
AMOUNT
AMOUNT
488 .54
697.54
655 0 0
.65
1
1
33.15,0
33.60
341.:i.00
695.00
8 . 9 1-2.*
•
128 .92
1 33 - 9 Z"
3 9 1 1
113.48
113.48
65.00
65.00
.59.00
40-00
104.00
774.00
774.00
131.00
131-00
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&-'6. 9 7
2- 6.97
11.00
11,100
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1 2. 0 . 5 'Z
2- 0 7 . 90
01 9 0
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DATE
NAME
D E_-'S t: 1 I PT 10N
AMOUNT
AMOUNT
REPAIR & MAlNT/EQLIIPInEN'i
102.61
REPAIR & MA I NT /Ei."WIPMENT
83 7U
211.77
7198
7
09/10/90
RAIISEY EME-Ru". MEDI;r.'AL SERVICES
FF._E--%3 FOR :..ERV.'C:E
135 7-b
135.75
7199
7 80150
09 / 1 0190
S & S A 0 f
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308 Ego
308.50
7ZOO
780300
09/10/90
S&T OFFICE PRf)DUL"-TS IN(;,
5 L e2l 2
7 Z'0 1
780*%.850
09/10/90
S. E. H.
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F EES
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FEES
937.95
1 U T S I D E, ENGINEE RING
3
F E E%S�
861.66
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790110
09/10/90
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337.50
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09/10/90
S C H M I D T J E F F R E Y
A/R ':J!EWER 0'ILL.INk'__JS
7Z'05
790150
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SCHMOOCK, JOHN
UN.IFORMS CL.f.'jTHINk`.i'
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72:
7900 �'l00
09/10/90
SCIENCE MUSEUM OF ViINNE'.GTA
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09/10/90
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3
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820990
09/10/90
SOF DlSTRIBWTION CENTER
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12.00
12.00
72. 10
831600
09/10/90
SPS OFFICE PRODUU-TS
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49 .5 3
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09/10/90
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09/10/90
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MAIN T' MATERIAL P
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186 0 10 0
09/10/90
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09/10/90
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09/1-0/90
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09/10/90
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09/10/90
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08/31/90
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1,
40
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08/31 /90
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08/31/90
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08/31/90
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08/31/90
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AGENDA REPORT
TO: City Manager
FROM: Human Resource Director
RE: RENEWAL OF INSURANCE CONTRACTS
DATE: August 31, 1990
otion by Council pt
Endorsed -,
M od.if i ed... , ..,- .- ..�..,.�
Rejected,.._...
Date
INTRODUCTION
It is proposed that the existing one -year contracts for employee insurance be
renewed with Group Health, Physicians Health Plan (PHP), Employee Benefits
Plan (Dental), Schools Insurance Fund (Long Term Disability), and Commercial
Life.
BACKGROUND
Under current State law, the City must request proposals from insurance
carriers every five years for its employee insurance coverages. Annually, th.e
contracts need to be renewed. The.current one - year contracts with the above
companies expire October 1, 1990. Contract renewal proposals from Group
Health indicate that premium rates will increase by 18.4 %. Premium renewal
rates for PHP average a 17% increase.
Employee Benefit Plan, Schools Insurance Fund, and Commercial Life will not
require a premium increase.
RECOMMENDATION
It is recommended that the existing one -year contracts for employee insurance
be renewed with Group Health, Physicians Health Plan, Employee Benefit Plan,
Schools Insurance Fund, and Commercial Life.
GJB: kas
Action by Council *.i
Endorsed...-
AGENDA REPORT Modif ierl.
-Rejected
D ate Mft- W
TOO 0
Cit Mana
I
FROM: As Cit Mana &LOU" 64,
In
REO� BUDGET TRANSFER
DATE: Au 31, 1990
INTRODUCTION
It is re that the Cit Council. approve the transfer of
$5,900 from the General Fu contin account to cover the
costs of maintenance and repairs to the Public Works and Cit
Hall buildin
BAC KGRt3UN D
Durin the first half of 1990,, there have been a number of
unexpected re repairs to the Public Works buildin Cit
Hall, and unexpected e purchases for the new addition's
mechanical e
P ublic Works buildin At the end of 1989, the heatin s of
the buildin needed a major repair ($1,200). This repair was
paid in 1990. In Ma the air conditionin unit. re
maintenance ( $2,00- 0 a dama light fixture in the fenced
y ard re electrical repair ( $1,206 ) , Even thou the
bud process plans for some repairs and maintenance, these
repairs haVe expended the available funds. A transfer of $2,,9-00
from 101-119-000-4910 to 101 - 504 -000 -4410 is re to cover
current and anticipated costs.
Cit Hall buildin The addition to Cit Hall created some
unexpected expenses. The new mechanical e re some
additional tools And parts as well as on- chemical expenses
for the new boiler and air conditionin /heatin s ($1,000
The on- maintenance of the ori part of Cit Hall also
.6.
has created some fundin needs,, The older a conditionin unit
re an emer repair in June, and unexpected expenses for
window/wall repairs and additional janitorial supplies (li
bulbs, belts, etc.) have expended the repair and maintenance
acco for buildin and g rounds.. A transfer of $3,000 fro. 101-
119-000-4910 to 101-110-000-4410 is re to cover the
current and anticipated costs.
RE NDATI
It is hereb recommended that the Cit Council approve the
t ransfer of,$5,900 from the General Fund contin account,
101-,119-000-4910,, to accounts 101-504-000.4410 ($2,900) and 101-
110-000-44
,1.0 ($3,000) to cover the repair and maintenance
expenses for -the, remainder of 1990.
AGENDA ITEM
Action by Counai �
AGENDA REPORT
Endorsed
TO: City Manager
Modified
Reiiecte
FROM: Assistant City Engineer Irish Date
• Water Main Hazelwood to Germain, Project
SUBJECT: Brooks Avenue ,
88 -08 -- Accept Proj and Change Order Three
DATE: September 4 1990
Introduction
The subject project ct is complete. A recapitulating change order
that adjusts the contract price. to reflect the diff erence in
actual constructed qu ant ities versus the estimated bid quantities
is
hed. Change Order Three, the recapitulating change
attac g
order, is a cred in the amount of $356.46. A resolution to
accept the ro'ect and release retainage is -also attached.
P p 7 -
Background
On August
28 and 29 1990 contractor milled and repaved the
avement on Br ooks Avenue. This was necessary due to
pavement on area
differential settlement of the
Recommendation
rec ommended that Change Order Three and acceptance of the
It is rec g
p
roj ect be approved. No change in the project i
budget s
required.
,
3w
Attachments
BAI
CHANGE ORDER
DEPARTMENT OF PUBLIC WORKS
MAPLEWOOD, MINNESOTA
Project Name: Brooks Avenue Water Main Recapitulation
Project No.: 88 -08 Date: August 31, 1990
Contractor Meyer Contracting, Inc. Page: 1 of 2
. The purpose of this change order is to revise the contract amount
to reflect the difference in actual final constructed quantities
from the estimated bid quantities.
tem Descrip
Unit
Contract
Quantity
Final
Quantity
Unit
Price
Net
Chance
1 Saw Cut Ex. B. i t , Mn /Dot 2104
L. F.
590
696.20
$ 4.00
+ $ 42.4.80
2 D ust Control, Mn /DOT 2134
3 Common Exc. , Mn /DOT 2105
GAL (14)
C. Y.
0.5
525
0
294
3.15
( -) 10.00
- .727.65
4 Granular Borrow, Mn /DOT 2105
5 Topsoi l Borrow, Mn /DOT 2105
C. Y.
C. Y
50
80
0
75
7900
9.50
- 350,00
- 47. 50
.6 Agg Base Class 5, Mn /DOT 211
T.
219
161.23
12.50
- 722.13
7 Bit. Base C Mn /DOT 2331 -2
8 AC Bit. Mat. Mn /DOT 2331 -2
To
T.
76
3.39
83.27
4.57
24.10.
143.00
+ 17.5.21
+ 168.74
9 Bit. Wear. Course, Mn /DOT 2341
T.
56
67.23
32.23
+ 361.94
10 AC Bit. Mat. , Mn /D 2 341
T.
3.39
4.05
143.0.0
+ 94.38
11 Bit. Tack Coat, Mn /DOT 2357
GAL.
10
27.
1.35
+ 2.2.95
12 S n , Mn /DOT 2575
S. Y
890
905
2.00
+ 30.00
13 4" PVC S. S Sch 40 Mn DOT 2503
L.F.
90
90
15.00
0.00
14 Saddle Ta Ex. VCP San. Swr.
EA.
3
3
141.00
0.00
15 Conn. Ex. Water Main Mn DOT 2504
16 8" SJ DIP W. M. C 1.52 Mn DOT 2504
EA.
L. F..
1
460
1
4B4
600.00
17.20
0.00
+ 412.80
17 6" SJ DIP W.M. C1. 53, Mn /DOT 25x4
L.F.
10
10
20.00
0.00
18 6" MJ H d . , Mn / DOT 2 504
EA.
1
1
1, 000.00
0.00
19 6" MJ Gate Val ve, Mn /DOT 2504
EA.
1
1
375.00
0.00
20 MJ W. M. F tti n s, Mn /DOT 1655
LESS.
I 655
1 65.5
1, 65
0.00
CHANGE ORDER
DEPARTMENT OF PUBLIC W01U<S
MAPLE.WOOD, MINNESOTA
. Project Name Brooks Avenue Water Main Recapitulation
Project No.: 88 -08 Date: A ugust 31, 1990
.. Contractor : Meyer Contracting, Inc. Page, 2 of 2
-The purpose of this change order is to revise the contract amount
to reflect the difference in actual final constructed quantities
from the estimated bid quantities .
Cont Final Unit Net
Desc ription Unit Ouant t Qua nti ty Price Chanoe
21 Trench & Backf i 11, Mn /DOT 2544 L.F. 310 310 9150 0.00
22. Tren kBackfill, Mn /DOT 2054 L. F. _ _
20 0 C) 0600
NET CHANGE
( -) 356.46
r
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E
CHANGE ORDER THREE
DEPARTMENT OF PUBLIC. WORKS
MAPLEWOOD, MINNESOTA
. Project Name: Brooks Avenue Water Main
Change Order No.: Three
Project No.: 88 -08
Date: September 4 1990
p ,
Contractor: Meyer Contracting, Inc.
The following changes shall be made in
the contract documents:
See the attached itemized.quantity recapitulation.
Contract Status
Time Cost
Original Contract:
$31,
Net Change of Prior Change
Order No..1 to No. 2:
1
.Change This Change Order:
( -) 356.46
Revised Contract:
$33,075.06
Approved
Mayor
Approved
Engineer
Agreed to by Contractor by
.Its
_
Title
RESOLUTION
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the. City Council of Maplewood, Minnesota has
heretofore ordered made Improvement Project 88 -08 and has let a
construction contract pursuant to Minnesota Statutes, Chapter
429, and
WHEREAS, it is now necessary and expedient that said
contract be modified and designated as Improvement Project 88-08
Change Order Three,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby
authorized and directed to modify the existing contract by
executing said Change Order.Three in the amount of ,$ ( -)356 46
RESOLUTION
ACCEPTANCE OF PROJECT
WHEREAS, the city manager for the City of Maplewood has
determined that Brooks Avenue Water Main -- Hazelwood to Germain,
City Project 88--08 is complete and recommends acceptance of. the
project;
IOW, THEREFORE, BE IT RESOLVED.BY,THE CITY COUNCIL.OF
MAPLEWOOD, MINNESOTA, that City Project 88 -08 is complete and
maintenance of these improvements is accepted by the city.
Release of any retainage or escrow is hereby authorized.
Action by Councils.
MEMORANDUM
Endorsed,
Modified----..
To: Michael A. McGuire, C ity Manager Rejected,,, 19 ,,..�.,,..
From: Doug Taubman, Recreation Program Coordinators Date
Re: Youth Basketball Donation
Date: August 24, 1990
Maplewood, Parks and Recreation has.received a $ 5 0 Oo 00'donation
from East Twins Babe Ruth League. The donation was made to our
Youth Basketball Program to help finance a project to make the
baskets. at John Glenn School. adj ustable .. The estimated . cost of
this project is $2,,000.00, of which $1,,000..00 has been budgeted
for 19 91. I will be attempting to. raise the balance through
further donat ions.
It is requested that.the City Council accept this donation and
place the $500.00 in Account 101 .603-268-4640 in order to. pay
for this pro f ect .
A thank you letter has been sent
¢� C. City Clerk
Robert Odegard
Action by. Council
X ndors ed
�ta�iied �»
Rej eated..... -�-
Da e
MEMORANDUM
TO: MICHAEL A. MCGUIRE, CITY MANAGER
FROM: PAULINE A: STAPLES, ASSISTANT DIRECTOR OF PARKS & REC.
SUBJ: BUDGET ADJUSTMENT
DATE: AUGUST 30 19 9 0
DUE TO THE.INCREASE IN RENTAL FEES FOR SCHOOL.FACILITIES
:IN OUR SATURDAY GYMNASTICS AND DANCE PROGRAM WE WILL HAVE
TO REQUEST A TRANSFER OF MONIES FROM REVENUE TO EXPENDITURES
TO COVER THE RENTAL FEE
REVENUE FOR YOUTH DANCE IS $ 18 AND REVENUE FOR
YOUTH GYMNASTICS. IS $1800.0 I WOULD LIKE TO . TRANSFER
$589.25 FROM BUDGET CODE 101 - 00 0 - 205 - 3641 TO CODE
101 - 603 - 205 -4530 AND TRANSFER $589.25 FROM CODE
101- -000- 210 -3641 TO 101- 603 - 210 - -4530 THESE TRANSFERS
FROM REVENUE ARE TO THE EXPENDITURE BUDGET TO PAY THE
RENTAL FEE'S OF.$117
ADDITIONAL REVENUE. FOR THE REMAINDER OF 1990 SHOULD OFFSET
ANY ADDITIONAL EXPENDITURES.
C: CITY CLERK
FINANCE DIRECTOR
PARKS & RECREATION DIRECTOR
MEMORANDUM
TO: City Manager
FROM: Thomas Ekstrand, Associate Planner
SUBJECT* Joint Resolution of Appreciation
DATE. August 23, 1990
Action by Council:
Endorsed
Modifies,.
Re J e ct a d,— - -- ,,,. .._..,, .
Date.
The City Council and Community Design Review Board should approve
a resolution of appreciation for Roger Anitzberger He recently
resigned from the Board. His position has been filled.
Recommendation
Adopt the attached resolution.
kd/ j ntres . mem
Attachment: Resolution
aDIN7 RESOLUTION OF fL'Pi2ECZA7I0N
IJK(S/2EA.S, Rogea ftiu,&9.e.1cge1c .&zcame a m¢m� o/ the Commcuzity D"
/2ev.i.ew /3oa/cd o/ ('lap.2ewood on dune 13, 1988 and ha..s .served lai thlue.2y
in that capac.it y;
WHEREAS, he h" Aw-ely given o/ h .Us time and .energy, wi thou t
compenzat on, ' /o2 the getteAmeat o/ the C-i t y o� Naptewoodtv and
WHEREAS, he hcr.,6 shown. .6.incerce dedication .to lzi.z wul ha-6
con s.i,ztent.ly conLti.g:uted fuh .PzcrclQ,�zzlup and ego�r.t in many ways �oa
.the 9ene/-ii o� .the. City.
NOW, 7HEREFORE, 17 IS REREBY RESOLVED /o. and on 4 eha q o/ ih.e
Ci-t y of 0a pLewo od, Min w- at a, and V he citizenz a/ the C,i t-y, That
Ro 4r 2te agz iz h.e" -Ay .ex f.encled au2 heazt,e. ,& ga and
app2ec.ia,Uon , o/z h.i,s dedicated .6e�w.ice, and we with him con inued
,success .in the /Uiaae*
".6ecC Pxy .the Council 0/ #he.
City o/ 11ap.2ewood .tfLiz
day o/ , 19900
jCalty l3a.A -ian, Mayo2
Pa.6,3ecl ty .the Common i.ty
[7e.6ign Review /3oalul o/
.the C.i,ty o/ Maplewood
.th.i.� clay o/ , 79900
r
�arr
�oncc.ed
Attz,A
Lucille E. z, C e.
a
MEMORANDUM
TO: City Manager
.FROM: Director of.Community Development
SUBJECT: Budget Adjustment - Building Inspections
DATE: August 31, 1990
INTRODUCTION
Action by Council:
Endorsed
M o d i f i e, .. ,, ... , ...
Rejected._..
Date
I am requesting a budget adjustment to increase projected
building revenues and the fees for service (building. inspections
expenditure account by $49,300. There is not enough money in the
budget to pay the consulting inspectors. This deficit is the
result of higher than projected building construction. In fact,
this will be a record year for building permit valuations. While
expenses are higher than expected, revenues are even.higher.. As
a result, there is more than enough money in increased revenues
to pay for the additional expenses.
RECOMMENDATION
Approve a budget adjustment increasing building revenues and fees
for.service (building inspections) by $49,3000
mb \memo budget
MEMORANDUM
TO: City Manager
FROM: Ken Roberts, Associate Planner
SUBJECT: Surveyor's Certificate of'Correction
LOCATION: Lakewood Drive, south of Highwood Avenue
APPLICANT: Raymond Prasch, Registered Surveyor
PROJECT TITLE: Gonyea's Oak Heights Third Addition
DATE: August 31, 1990
INTRODUCTION
,lotion by Counoil ::
Endorsed - --
Modif i ed.. ... .
R e j e c t a d.
Date
The surveyor is requesting that the City Council approve a
surveyor's certificate of correction. This certificate. would
revise the legal description for Gonyea's Oak Heights Third
Addition final plat.
The surveyor who prepared the final plat forgot to include a
previously vacated alley in the legal description.
BACKGROUND
The City Council approved the final plat for Gonyea's Oak Heights
Third Addition on February 13 , 1.989 .
RECOMMENDATION
Approve the attached surveyor's certificate of correction on page
30
kd
kenrmemo2 (Section 13 -2 8 )
Attachments
1. Gonyea's Oak Heights Final Plat
2. Surveyor's Certification of Correction
—Not 4h %bC%* or 4r 'bW'I& f6cC1:b
_ _....✓.' Noetn 1:r►e. Vo• 1. 14166IW000 14614WT'V6'•'��
r•
X C
I + -••• •-••- 314.31 °•N89.56 52 E - ••
.10 � . + ! ► 1 W+ ! zo r 1
j Is
IM
It
Lol Y
+ i a.tl•os•a�• 1 1 IN S Wt�� a ��
x � 1 l'...�•�o.00 .t 1 '•Ito. �I r y 4 v/ ,, � , �
4 A • J/ . r
..1
�\j
vim,- 1 °,�'N •) /`� �`�/ `.p,r ° p bcole
1
..
/ a, • O� ` "p �� gy p~ o y ; bo C (.O 12c
Stole: I ineti • too i'•s#
; / �� °v o OermAe4 Iror% MortomeM gej
/ 4
-J 1 •`• / �p •r m/ � : f • oer+o n Mnu
te• irooc* *M frow
? .� r . ;
!� 12,30 / � •/ • � Q '•-
,y ---- -..._. ` 9 —• `�/ —s — — ^ � ,1 Oc�er+�atio*, oi' +him bear�n
8
'e sysiem H•.���� /ti38�` �a I 'is Obevmed
g
1 ti/3 As
_ o »� w 1 /� W • / „. 1.. Loeo4ed in e,
+he NW og 4h
tV �? 3 � / n ! % o� �• r .�
� N
Ll
2 r . 1 _ 1q / � / -`` , I • cn r'tl_�U +i lity t Dro�re Eoeement�
I . ° S Sq f , ore shown Chub
CA I �
N h in 1 ,� a •. cD 0:
dl 1 Rt t 8
L 12v24 d Jl Do ao �� } i 11 sewn 5 ji•rl 1#% -•or•
� ! = �"��.- .- ._....... 1 �- - -- 1'lt31.1 ��. ! �_ O�t•x�w�se �tKl•Ca1lA�atKlts�ll�►a..•
lot 1 inoo, and 10 fleet i n w
'
+ 1 01.56••W ( ' N 9A°59'001./ !•JI vtad ►ngetrest lineo,oe
L• SOS I 1. 1 • i st%o on 4t plat.
C pirn.ns 1011 e hown re Qlee{ Ir
3 c�. -,
5 1 line di•••et,elovoo not eaeetns+.
' r l I N ti•.;
�:•:� d imec+oibcvs
,� i2b eQ _ � _ t,000
�,: ` ( - N ega'Sa oe•' - w l +.-. N eFi °56'o0 "w :i it) I_;
or W 03
111
I I O 1 --
I 128 401 - -- 0 8 1 _14000 ,s
58'08 "W , 0 m 3 r ... N eA °'58'08 "W L) 1. .
1 3 Ir i [) C % s I..
.a W tId .
to 81 O Y Q
7 VI
'' l ss° of -� s lad :• '�� ��
•• . i c i
1 ' � '� �9 1 ''•'�.
C - � 1. 1 C7
^ ` ` V `• ZO� ~ 'IC I j t ._..14 O O� :
+ _J _
20 S —�_ g `•-- Ns % ss'oe••w .�
;� 0 3 f ts�U7- GREST '•" � �• ''��' I `'-
a 1 - s' to 00 Ig t�l
1' i �i R• o 22' NQA° 5008 W� 10 6
COURT $ VACATED ALLEY IN OUESTIO
140 co
o_
* (7 bA as
_
Z'at• I N94 c4 -'
+• u ( I 1 N 1 1 0 7 0 �'� ' ' i
r • i i. 1� N ao �o I y�. ; ' 1 LOT SURVEYS COMPANI
v I I _ _ - - _ � •a i i LAND SURVEY014S
�......�14. •334,v4 -. . N89.58 08 "W ..
� 'r ,.. �•r, .'1� �> I.Jf'1 r, • r;.• .T A nr 1
FINAL PLAT
GONYEA'S OAK HEIGHTS 3RD ADDITION
attachment
4
N
2 Attachment 1
.
.lk�� i.
•. �. raj � • ,.
,
SURUNO1tS C1-1rf1F1CN1'1LAV OF (:Ultttil FILM TO '111 VLA'1' (V G NYLA'S OAK 11L'IVtN'S T1111W AUUI' l(V
Pursuant to the provisions of Chapter 505.174, Laws of Minnesota, 1957, I, Raymond A.
Prasch, the undersigned, a registered surveyor in and for the State of Minnesota,
declare as follows:
That I prepared the plat of GONYEA' S OAK HEIGHTS THIRD ADDITION dated April .15, 1988,
filed on February 16, 1989 in the office of the County' Recorder, Ramsey, ' CoiDnty,
Minnesota in Book 104 of Plats, pages 22 8 23 as Document No. 2481316.
I hereby certify that the dedication in said plat contains errors in the following
particulars to-wit .: . The legal description of the property as shown in the dedication
is as follows: All that part of Lots 1, 5 and 6, HIGHWOOD HEIGHTS lying East of a
line that runs f rom a point on the North line of said Lot 1 that-is 20 feet East of
the Northwest corner of said Lot 1, thence Southerly to the Southwest corner• . of the
East Half of said Lot 6, except the North 295 feet of said Lot 1
The said plat , ,is hereby corrected in the following particulars to-wit:
The legal description of the property in the dedication should be as follows:
All that part of Lots 1 5 and 6, HIGHWOOD HEIGHTS lying East of a line that runs
from a point on the North line of said Lot 1 that is 20 feet East of the Northwest
corner of said Lot 1, thence Southerly to the Southwest corner'of the East Half of
said Lot 6, except the North 295 feet of said Lot 1. Together with that part of the
vacated 15 foot alley adjacent to said Lots 1, 5 and 6 lying between the easterly
extensions of the south line of said Lot 6 and the south line of the North 295 feet
of said Lot 1..
Dated: August 16, 1990
Registered Surveyor Number 6743
State of Minnesota
The above certificate of correction to the plat of GONYEA'S OAK HEIGfTfS THIRD ADDITION
has been approved by the City Council of Maplewood, Minnesota at a regular meeting
thereof held this day of 199
CITY COUNCIL OF MAPLEWOOD, MINNESOTA
By
Clerk
I ,.
Approved this day of
, 199
David D. Claypool, Acting Ramsey County Surveyor
Drafted by: Lot Surveys Company, Inc.
7601 73rd Avenue North
Minneapolis, Mgt 55428
State of Minnesota
County of Hennepin The foregoing instrument was acknowledged bef ore Ae this
day of 199 by Raymond A. Prasch, Registered Land
Surveyor.
Milton E. Hyland, Notary Public, Hennepin Co. , Minn.
My Commission Expires November 18, 1993
3
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1
Attachment 2
f
MEMORANDUM
TO City.Manager
FROM: Director of Community Development
SUBJECT: Code Amendment: Design Standards
DATE: July 26, 1990
F -/
Action by Counal v
Endorsed.
Modif i ed—
ReJecteA-
Date
INTRODUCTION
The City Council requested that staff put the Community Design
Review Board's design policies into ordinance form. I had
previously reviousl included the Board's policies in.the Council's policy
manual. The Council asked staff to put these policies into
ordinance form.
DISCUSSION
The attached ordinance accomplishes several things:
11 It consolidates all the general design requirements in one
section. They are now spread over several sections of the
Code. This should make it easier to use for developers and
staff.
2. It eliminates obsolete and conflicting requirements. In
some cases, the same use may have different design require-
ments in different sections of the Code.
3. It adopts design policies as part of the zoning ordinancee
p g
This will make it easier to enforce these policies and
defend them in court.
RECOMMENDATION
Adopt the attached ordinance.
mb \mem\CDRBcode
Attachment: Code Amendment
ORDINANCE NO*
AN ORDINANCE ADDING DESIGN STANDARDS
ORDAINS AS FOLLOWS
CITY COUNCIL HEREBY
THE MAPLEWOOD ti crossed out):
( Additions are underlined and dele
Section to Section 36 -18 is deleted.
p
•
•
.
Sec. 36 -180
Reserved.
ww A.
=J= 3
a
/
3 :1 e.. AL C
3 16
J [',e� r '94ne
1`f
��G 1
oA
• - throw
Section 2. Sections 36 24 h 36 -26 are deleted g
and reserved for future use:
sayae
Sec. 36 -24. Pw
Reserved.
d 4J qlq 3-3 In, 3 3
-t tue-saffte
s�'tlon �G - GGF
F .+ ne
Sec. 36 -25. ""
Reserved.
0 j 4 3 3
4 ,y f (Z �
MR �Ab
• • • • .
—— =- ...
ow MMCIML� 9 4LW If
on
"r
2
•
•
•
•
• • F ees •
•
' moved to Section
Sect 3 -
• Section 36 -26 (FeeS) i . .
36-20
is amended as follows:
Se ction 4. S e c tion 36
• 'onal des n standards.
- 28. Add1t�
Sec • 3 6 . ndsca in shall com 1 w1 ,
A
11 construction and la ,
the tan
s a roved b the C1t •
_ _ _ • ��.. , r * annear
b The Pro ert. owner sna � landsca in
-�-- ld 1n and re l
of their but
shown on the - a
roved :)la-.n that dies*
Will
Z o
0% IWO
•
The develo er of an ro
'et other than sing 1e or
(C) uble dwellln s .shall
do the follow
dO
. n Li. htin shal]
Inst all arkln lot 11 1'1t1 • dential
.S- Inst visible from an re
no t be direr'' htin shall not
or ubllc street• Li ,
area die at a residential
exceed one-foot candle areas are areas
ro Line. Residential
er t
fanned or
used for residential ur ose •
• ter run -off from lm ery lows
2 Dra1ri all stormwa d on -site
an under noun
surfaces to stem that is
stormwater collectlOn s r s
ed st
connect
to a ub11c stormwate
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tore an ubllc r1 ht ° b the
(3) Res ert irons disturbed
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Construct arklri to
3
minimum setbacks:
a. Fifteen feet from a street right -o f -way .
b . Five feet from all ,other_pro_perty lines.
This setback. shall be increased to
twenty feet if the . ad-i anent property is
used or ,shown on the city' s land use
Plan for residential use.
Construct all buildings, except single- and
two-family homes with the following minimum
setbacks
a. Thirty feet from a street right -of -wa
b. Fifty feet from property that is used or
shown on the City's land use plan for
residential use. This setback shall be
increased up to.75 feet based on the
more restrictive of the following
re_qu i rement s :
1. Building height The building
setbacks shall be increased two (2}
feet for each one foot the building
exceeds twenty-five { 2 5 } feet in
heicaht .
2. Exterior wall area: Where an
exterior.wall faces a
residentially- zoned property, the
wall setback shall_ -be increased
five (5) feet for each one thousand
(1.000-)- square feet 1 or part
thereof, in excess of two _thousand
(2,000-) ,_ square feet.
1 The City Council mayapprove a conditional
use permit to allow an addition within a
required setback if:
a. The required findings in section 36 -442
for a conditional use permit are met.
b. The setback would be consistent with the
setbacks for surrounding properties.
C, At least 80% of the addition would be
screened from prop_e_ty that is used or
shown on the City's land use plan for
residential use.
.Plant _trees with the following minimum sizes:
a, Large deciduous trees - 2 1/2 inches in
diameter, balled and burlapped.
b. Small deciduous (ornamental) trees -
1 1L2 inches in diameter, balled and
burlapped.
c . Evergreen trees - six feet in height
Install a lawn irrigation system that will
not. spray on public streets or sidewalks.
10 Use low- maintenance materials on buildings.
11 Use building. g materials that are compatible in
c�ual with similar development in the area.
12 Locate any bike racks so they do.not
,interfere with vehicular or pedestrian
traffic or fire lanes,.
13 P reserve significant natural features such
as wetlands.. and large trees, as re„uired in
the Environmental Prote ction ordinance
(Ch 9. Article IX} .
14 Provide on -site loading and unloading space
where needed so that public streets are not
used for.this purpose.
Section 50 Section 36 -109 is amended as follows:
Sec. 36 -109. Same - -Off- street parking.
mlh;% 1 3 Iq a :3 11
4
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.
--}- An open parking stall shall be a minimum
distance of fifteen (15) feet from a
dwelling -unit window. --a-�e A =axle 5 ` % ^*' fry
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( b) -(} Where a garage or carport opens to a public
street, the width of the driveway onto that
public street shall not exceed twenty -four
(24) feet in width, and in no event shall a
series of garages open directly to that
street. Where a series of garages face each
other on a private road, the minimum. width
separating garages shall be thirty (30) feet
in order to provide visibility in backing out
or turning around.
T v L• " Z l 1 • 1 rr L v a e e a . r Y. e e w a 'E Yfi
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Section 6. Section 36 -112 is deleted as follows:
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(2) Maximum density;
exceed the maximum density permitted by the land
use classification and people per unit designated
in the city's adopted comprehensive plan.
.Section 8. Section 36 -130, NC District, is hereby
deleted as follows:
Sec. 36 -130. District standards.
an
4 0 , %00 &. %.4 b-0 : 0
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_ (b) Building design. Buildings in this district
shall be designed to be compatible with their
surrounding land uses. If more than one use on a
site, they shall be planned and organized as a
unit. Pedestrians should be able to walk between
stores without crossing vehicular traffic lanes.
There shall be no exterior storage, other than a
trash receptacle which shall be screened as
required by section 36 -26 of the zoning code.
- (-e�}- Lot coverage. At least fifteen (15) percent
of the site shall be landscaped.
7
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Secs. 36 - 131 130 - 36 -135. Reserved.
Section 9. Sections 36 -140 and 36 -141, CO district,
are hereby deleted as follows:
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Secs. 36 - 142 140 - 36 -150. Reserved.
Section 10. Sectio 36 -151 (3), BC district, is hereby
deleted as follows:
10
Section 11. Section 36 -157 (f), BC (M) district, is
hereby deleted as follows:
11
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Section 11. Section 36 -157 (f), BC (M) district, is
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Section 13. Sections 36 -171 and 36 -172, SC district,
are hereby deleted as follows:
Sec. 36 - 171.
Reserved.
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Section 14. Section 36-174 is deleted as follows:
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Secs. 36 - 203 - 36 -225. Reserved.
Section 17. This ordinance shall take effect upon its
passage and publication.
Passed by the Maplewood
City Counc on ► 19900
Mayor
Attest:
City Clerk
Ayes- -
Nays--
18
Community Design Review Board -3-
Minutes 7 -31 -90
40 toring any outside trash conta'ners that are
sible from streets or adjac t properties within
sc ening enclosures as re ired'by code.
50 Submi.tt'ng a grading an drainage plan to the City
Engineer or approval. All utility work shall be
subject to the City E gineer's approval.
6. Keeping the ildi exterior continually
maintained.
7 0 Install a six- ten.foot -tall screening fence
along the nort 1 line to screen the north
storage yard. The ence shall be tall enough to
screen the orage y rd from Gervais Avenue. A
six- foot -t 1 fence m require raisin the
q g grade
elevation
8. Providi g an escrow, in a form acceptable to
staff, in the amount of 15 % of the estimated cost
of an required paving and urbin g that is not
comp eted by occupancy. The pplicant shall also
pro ide proper documentation, o be approved b
PP Y
th city attorney, which allow staff onto the
p operty to finish work that may not be completed.
Boar member Anitzberger seconded Ayes -Moe, Deans
Erick on, Holder,
Anitzb rger
b. Code Amendment - Converting Standard Design Policies
into Code
The Board discussed with staff the proposed code
amendment.
Boardmember Anitzberger moved to recommend approval of
the Community Design Review Board's design
g policies
ordinance.
Boardmember Erickson seconded Ayes- -Moe, Deans,
Erickson, Holder,
Anitzberger
?. VISITOR RES NTATIONS
There wer o visitor presentations.
r
Action by Council*;
Endorsed, ft .,
Modif i ed,..r.,�
MEMORANDUM Dejected
Date
TO: City Manager
FROM: Ken Roberts, Associate Planner
SUBJECT: Plan Amendment, Rez and Conditional Use Permit
LOCATION: 2708 Minnehaha Avenue
APPLI CANT : M cDonald's s Corporat ion
DATE August- 1 5 , 1990
SUMMARY
INTRODUCTION
Requests
The McDonald's Corporation is requesting the following for the
adjoining property to the west (2708 Minnehaha Avenue):
14 A .Comprehensive Plan amendment from RH (high density
resiidtial.) to S C service commercial. )
2 e A rezoning from R -1 (single-dwelling residential ) to BC
(business commercial.)
Description of the Project
McDonald's is proposing to expand their parking lot by adding 26
Spaces and associated lighting. (See the letter on page 15 and
the proposed site plan on page 12. Council should note that City
Code requires a twenty -foot setback from the west property line.)
Reason For the Request
McDonald's is proposing to expand their parking lot onto the
adjoining property. This is because they expect an increase in
business at the restaurant. The parking lot expansion requires
commercial land use and zoning designations.
BACKGROUND
On July 5, 1979, the City Council denied a proposed plan amendment
(RH to SC) and rezoning (R -1 to BC) by Dick Ernst and Joseph
Carter. This was for the east 30 feet of the property at 2708
. Minnehaha and for Lots 9 and 10 behind the Century Center. The
City denied this request for the following reasons:
10- A section of the RH (high density residential) classification
would be eliminated.
2. The housing mix balance as proposed by the Comprehensive Plan
would be eliminated.
3. Vehicular traffic generated by the proposed commercial use is
a public safety concern.
4. No adequate justification by the applicants.
5. No changed conditions to merit the change has been demonstrated.
Expansion of, the commercial area was the reason for this proposal.
On September 2, 1980, the CDRB approved the Century Center and
McDonald's plans.. The 49 parking spaces for McDonald's and those
for Century Center just met the requirements of the City Code.
On June 28, 1984, the Director of Community Development accepted a
15- foot -wide easement along the south side of the Century Center
building. The CDRB required this easement as part of the approval
for the development. The easement is for drainage, landscaping,
grading, maintenance and access for the rear of the building,
In May of 1987, Raymond Muckala, of Maplewood Auto Service, made a
request for a parking lot in this area. He proposed rezoning a
76-foot -wide lot north of the A & W restaurant on Century Avenue
from LBC (limited business commercial) to BC. Mr. Muckala was
proposing to expand his parking lot to this vacant parcel. This
request also required City approval of a conditional use permit.
Staff recommended denial of this request because it would have
removed the buffer between the adjacent single dwellings and the
BC property to the south. Mr. Muckala then dropped his request.
on.November 13, 1989, the City Council approved a 11 -space parking
reduction authorization for Century Center, The Council approved
this so the Panda Cafe could expand their dining room. The basis
for this approval was that the Cafe's primary business hours are
when several of the other tenants in the center are closed.
ALTERNATIVES
There are several alternatives to consider for this property:
1. McDonald's request of the SC land use designation and BC zoning.
Rezoning the site to BC may allow more intense development in
the future. McDonald's may decide not to expand their lot and
sell it to another business. The expansion of the Century
Center to the west along the south property line is one
possibility.
2. Change the land use plan to LSC (limited service commercial)
and the zoning to LBC (limited business commercial) for the
.parking lot area only. This would not include the rear 100
feet of the property. This plan requires City approval of a
conditional use permit to develop the site as a parking lot.
Rezoning to an LBC zone would resolve the use problem of
Alternative One. This is because the LBC zone only allows
office, clinic and daycare centers as permitted uses. The
conditional use permit for the parking lot would give the
City more control over the development details of the site.
2
3. Keep the RH (high- density residential) land use designation.
A developer could build a maximum of eight residential units
on this site,
Page 13 shows a typical site lan, Note
the parking lot would be p'
,p g about the same size as the
expansion proposed by McDonald's. The apartment lot would,
however, come closer to the homes to the south because of
the area needed for the building. The poor soils in the
rear of this lot may make this alternative unfeasible.
4. Change the land use plan to RM (medium density residential
This alternative is similar to Alternative Three, but would
allow up. to five residential units. ' Page 14 shows a typical
site plan. It is probably not economically feasible for a
developer to buy the home and build only 4 -5 units.
DISCUSSION
This is a difficult decision. There are valid points that one
can make for Alternative Two as well as for denying McDonald's
requests. While the McDonald's y •
site has limited parking, staff
is not aware of any public problems such as traffic congestion g tlon on
the streets. I visited the restaurant during three different
lunch hours and found there was never fewer than six empty parking
spaces. I made these visits however, y P g
during the recent summer
months when school was not in session and when the Minne
Naha
Avenue /Stillwater Road intersection was under construction.
Potential Problems
The parking lot expansion would bring commercial traffic, noise
and lights closer to the residential area. The existing ome has
a large setback and is screened from the g
parking lot with trees
and a fence. If the City approves Alternative 2, City approval of
a conditional use permit is required p
P q before the development of a
parking lot could occur on the site. The City would be able to
help.protect the nearby residential properties with the conditions
of the permit. g
Such conditions could address setbacks, screening,
landscaping, lighting details and drainage,
Is the current land use lan designation re alistic or desirable?
It is not economically feasible for a developer to buy he
existing house and put u 4 -5 r y
p p residential units. A developer may
be able to justify putting up eight residential units, as the City
has planned. The rear of the lot however has
may make it too c ' ► poor soils that
Y costly to develop. Most of the residents of the
area would prefer the parking lot to an apartment building.
3
RECOMMENDATIONS
1. Adopt the resolution on page 18 which amends the Comprehensive
Plan from RH ( residential high density} to LSC (limited* service
commercial) . This amendment is for the north 200 feet of the
property at 2708- Minnehaha Avenue. This amendment is based
.on-the following:
a. The amendment will be consistent with.the goals and
ohj e:otive s of the Comprehensive Plan*
b. The amendment will be compatible with the planned
surrounding land uses.
20 Adopt the resolution on page 19 which rezones the north 200
feet of the property at 2708 Minnehaha Avenue from R -1 (single-
family residential) to LBC (limited business commercial).
This rezoning is based on the findings required by City Code.
3 0 Table the conditional use permit until the applicant submits
detailed plans for the parking lot.
4
CITIZEN COMMENTS
Staff mailed surveys to the 21 property owners within 350 feet for
their comments about this proposal. Of the 10 replies, 2 were
in favor, 2 had no comment and 6 objected.
In Favor
1. I am aware of the need for additional parking.
(Elton - 2685 Minnehaha)
20 It would be OK with us if McDonald's developed the lot under
these conditions:
- No big, ugly signs be erected in lot.
- Trash dumpsters be enclosed in a fenced or walled off area
out of sight and well maintained.
- No excessive noise created from this lot.
We are concerned about commercial property getting closer and
closer to our peaceful property as we know it today. Please
be careful and make smart decisions.
(Cichals - 2687 Margaret Avenue)
In Opposition
1. I don't like to see McDonald's expand their parking lot at all.
If they do, there should be .a privacy fence on the west side
of that lot. (Kringle - 2688 Minnehaha)
24 Increased traffic - Minnehaha is busy enough and we have small
children. McDonald's parking lot is never full. Why expand
now? The businesses in that section (Century Center) are
never busy. So. why more parking? Who wants to look at more
blacktop. Let's put a park there. (Dubak - 2697 Minnehaha)
3. We feel that it will invade our privacy - cause harassment to
our pets and that our yard will become littered and used as a
"Shortcut" through the area. (Call - 2,707 Margaret)
4. See the letter on page 16.
5. See the letter on page 17.
5
REFERENCE INFORMATION
SITE DESCRIPTION
Site size: 102 x 300 (30,600 square feet - 0.7 acre)
Existing Land Use: A single- family home.
SURROUNDING LAND USES
Northerly: A single - family home and the Maplewood Auto Service
Center across Minnehaha Avenue.
Southerly: A single- family home on Margaret Avenue.
Easterly: The McDonaldfs Restaurant and parking lot.
Westerly: A four -unit apartment building.
PLANNING
Land Use Plan Definitions
Ned Density Residential (RM) - "This classification is
designated for such housing types as single- family houses on small
lots, two - family homes, townhouses, and mobile homes. The maximum
population density is 22 people per net acre (page 18 -30).
High Density Residential (RH) - "This classification is
designated for such housing types as apartments, two - family homes,
townhouses, nursing homes, dormatories or elderly housing. The
maximum population density is 34 people per net acre" (page 18 -30).
Limited Service Commercial Centers (LSC) - Limited Service
Centers are defined as those providing specialized commercial
services on a neighborhood scale, limited as to quantity, location
or function, and planned in a quality environment.
The community must restrict these centers because of the effect on
surrounding properties, yet provide convenience to the citizens
with high standards of safety, amenities and aesthetics (p. 18 -17)9
The limited service commercial center classification refers to
commercial facilities on a neighborhood scale. Heavy industrial
uses, department stores, motels, auto accessory stores, etc.,
would be prohibited. Other land uses of a medium intensity
nature, such as gas sales with no vehicle repair or maintenance
and no more than two fuel pumps on a single island to serve up to
four vehicles at one time, may be permitted subject to meeting
certain performance standards as defined in the zoning code
(p. 18-31)*
0
Service Commercial Centers (SC): This commercial.classif ication
is orientated to.facilities which are local or community
scale. While a full -range of commercial uses are permitted in
this district, certain types of facilities which may be of hi h-
,Y g
intensity nature, such as fast food restaurants, discount sales
outlets, gas stations, and light industrial uses, should be
permitted subject to s ecif is performance guidelines. The objective
of establishing this district is to provide for a wide variety
of commercial uses, compatible with the character and development
of the neighborhoods in which they are located (p. 18 - 31)0
Zoning Definitions
Existing zoning: R - (Single- Dwelling Residential) which - allows
single- family dwellings, public parks and home occupations. Golf
courses and t p •
he storage of commercial vehicles are permitted with
a conditional use permit.
R - 3 (Multiple- Dwelling Residential) which allows double and
multiple dwellings, public parks and home occupations. Nursin
g
homes, golf courses and the storage of commercial vehicles are
permitted with a conditional use permit.
LBC(Limited Business Commercial) which allows offices,
medical or health clinics and day care centers.
BC (Business and Commercial) which allows a
including hotels and motels, retail stores,
banks, automobile sales lots, and theaters.
or recreation, storage yards, used car lots
buildings are permitted with a conditional
Policy criteria from the plan:
wide variety of uses
restaurants, offices,
Places of amusement
and metal storage
use permit.
Page 18 -2: Zoning maps should be updated, as necessary, to
make both the land use maps and zoning maps compatible.
-- Page 18-5: Transitions between distinctly differing types of
land uses shall be accomplished in an orderly fashion which
does not create a negative impact on adjoining developments.
STANDARDS FOR APPROVAL
Comprehensive Plan Amendment
r•�rrr�rrrr
There are no specific findings required for an amendment to the
Comprehensive P lan. The City should use the following criteria:
1. The amendment would be consistent with the goals and policies
in the Comprehensive Plan.
2. The proposed classification should be at least as compatible
with the planned surrounding land uses as the current land use
classification. Compatibility should consider traffic, the
environment, noise, odors and property values.
7
3. The public should benefit from the change.
4. The planned use should be the use that maximizes the property
value, while having a minimal negative effect on the
surrounding area.
Rezoning
City Code gives the following standards for approving a rezoning:
10 The rezoning should be consistent with the purposes of the
zoning ordinance. They are to:
a. Reduce traffic congestion.
b . Improve safety from fire and other dangers .
c. Provide adequate light and open space.
d. Avoid overcrowding.
e. Conserve property values.
2. The rezoning should not injure or detract from the use of
neighboring property or from the character of the
neighborhood.
3. There should be adequate public facilities, such as streets,
sewers, water lines, schools and parks.
TEMAC (Section 36)
Attachme
1. Location Map
2. Beaver Lake Land Use Plan
3. Property Line /Zoning Map
4. Site Plan
5. Concept Site Plan for 12 -unit apartment
6. Concept Site Plan for 4 -unit apartment
7. McDonald's letter of justification
8. Letter from John Dicker
9. Letter from Jerome Erickson
10. Plan Amendment Resolution
11. Rezoning Resolution
8
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Attachment 6
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McDOnaldgs
0 IRe
Statement of Purpose:
McDonald's Corporation
1650 West 82nd Street, Suite 900
Bloomington, Minnesota 55431 -9888
612/884 -4355
City of Maplewood
Rezoning Application
Current Use The current use of the property is as a single family
residence that is directly adjacent to existing commercial
and retail.
Intended Use The proposed use is to expand the parking facilities for
the existing McDonald's restaurant and possibly the
existing retail center. There is open land.to the South
of the subject property and a multiple family unit to the
West of the subject site. The parking lot would be built
in accordance with the applicable setbacks, screening,
landscaping and other specifications as per the City Code.
Benefits This project can enhance the area as follows:
1: Create a more conducive environment to provide
neighborhood goods and services to residents in the
community.
2. Provide better traffic flow on site.
3. The project is in accord with the long -range plans to
ensure the viability of one of the City's prime
commercial nodes.
1334R
15
Attachment 7
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,'� Attachment 8
I a.m. in favor of this proposal. because
I have no Comment* .- .
I b ' ect to t is proposal because .. +�
•
Tf you object, :describe below or draw on the enclosed map
any changes that would ma ke this project acceptable. If no
changes would - make it acc p table, how sho ld this property
g es
be developed?
(ProjeD �'R� Use rev r sifl� if more room is needed.
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Attachment 9
PLAN AMENDMENT RESOLUTION
WHEREAS, McDonald's Corporation. applied for an amendment to
the City's 's Com rehensive Plan from RH (high density residential) to, LSC (limited service commercial).
WHEREAS,.this amendment applies to the north 200 feet of the
property located at 270.8 Minnehaha Avenue.
.WHEREAS, the history of this plan amendment is as follows:
11 The Planning Commission held a public hearing on
August 6 + August 20, 1990 to consider this plan
amendment. City staff published a notice of this
hearing in the Maplewood Review and sent notices to the
g
surrounding property owners as required by law. The
Planning Commission gave everyone at the hearing a
chance to speak and present written statements. The
Plannin g Commission recommended to the City Council
that the plan amendment be -
2. The City Council discussed the plan amendment on
1990. 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 plan amendment for the following reasons:
10 The amendment will be consistent with the goals and
obj ectives ' of the comprehensive plan.
2. The amendment will be compatible with the planned
surrounding land uses.
Adopted on , 1990.
18 Attachment 10
REZONING RESOLUTION
WHEREAS McDonald's Corporation applied for a rezoning from
R-1 ( single- family sin le- family residential ) to LBC ( limited business
commercial)
WHEREAS this rezoning applies to the north 200 feet of the
property-located at 2708 Minnehaha Avenue. The legal description
is: Lot 3, Block 1, Farrell's Addition (PIN 36- 29 -22 -11 - 0003)
WHEREAS, the history of this rezoning is as follows:
1. The Planning Commission reviewed this rezoning on
August 6 + August 20, 1990. They recommended to the
city Council that the rezoning be -
2, The City Council held a public hearing on ,
1990, 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 considered
reports and recommendations from the City staff and
Planning Commission.
NOW THEREFORE, BE IT RESOLVED that the City Council approve
the above- described rezoning for the following reasons:
11 The proposed change is consistent with the spirit,
purpose and intent of the zoning code.
2. The p roposed 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 ro erty adjacent to the area included in the
P P
proposed change or plan is adequately safeguarded.
3. The proposed change will serve the best interests and
conveniences of the community, where applicable, and
the public welfare.
4. The proposed change would have no negative effect upon
the logical, efficient, and economical extension of
public services and facilities, such as public water,
sewers, police and fire protection and schools.
Adopted on , 19900
19 Attachment 11
Planning Commission 4 - 4 -
Minutes 8 -6 -90
b. remaining 15 feet of utility easement is
sti sufficient width for vicing this
sanit y sewer main.
This vacation is s 'ect to Fi Oil dedicating a 30-
foot -wide public ut ' ty ens ent . This easement shall
run from the existing ni ry sewer main, south .to
Count y Road B directly e t of the developed Finamart
site. The dedication al be made. before the partial
vacation of the exi.s ng eas ment and shall be subject
to the City Engine 's approv
Commissioner Ca inal asked for arification on what
City code all s for hours of oper ion.
Commission Sigmundik seconded Ay -- Axdahl,
Barr tt, Cardinal,
Fiola, Fischer,
Gerke , igmund ik
T motion passed.
5. PUBLIC HEARINGS
b. 7:50 p.m., 2:708 Minnehaha Ave. (McDonald's Restaurant)
Plan Amendment and Rezoning
Ken Roberts, Associate Planner, presented the staff
report for the requested plan amendment and rezoning.
Several commissioners commented that the existing
parking lot never appears full and there doesn't seem
to be a need for additional parking.
Tim Baylor of 1650 W. 82nd Street, Bloomington,
representing McDonald's Corporation, gave a
presentation on this proposal.
Chuck Ness, 540 Marnie Street, Maplewood, said he and
his wife are co- owners of the adjacent property to the
west of McDonald's. Mr. Ness said he does not want
drainage problems to develop if the parking lot is
expanded, but he is neither opposed nor in favor.of the
expansion of the McDonald's parking lot.
John Moritz, owner of the props
Avenue, said the survey of
recently would not be accurate
road construction on Minnehaha
would have affected the number
McDonald's.
R.rty at 2708 Minnehaha
parking lot taken
since there has been
Avenue all summer, which
of customers at
Planning Commission "
Minutes 8- 6-.9.0
Cicha 2687 Margaret Avenue, said he does not
D ou g ,
ou ,
think the parking lot expansion is warranted., since
• p now encroaching on the
commercial properties are n
residential homes in the area and there is very little
buffer space left -
r of the property at 2707 Margaret said if the
parking lot expansion is approved, she . would like
co nditions required to protect the privacy and
residential status of her property. The property owner
said her property has suffered damage by use as a
shortcut to the commercial properties.
commissioner Fischer asked staff to explain the
b ackgrou nd of the required setbacks. when McDonald's and
the commercial center were constructed, the history of
the original ri inal to rezone the property, and the
q
number of parking spaces at McDonald's *.
C omm i s
sioner. Fiola moved to table this requested plan
t and rezoning to allow staff time to provide
amendment g .
information requested by the Commission*
Commissioner Fis cher seconded Ayes-- Axdahl,
Barrett, Cardinal,
Fiola, Fischer,
Gerke, Sigmundik
• - - •
6. NEW BUSINESS
c. Condi oval Use Permit Renewal and Revis' n (Cope
Avenue nd English Street)
Secret ar y lson presented-the sta report, which
inc luded se ral staff recommen d revisions to the
conditional u e permit renew 3 ,1
Andrea Car ,
die S ite 712 3300 Edinburough Way, Edina,
an attor ne y re re nti B. B. & D. Investments, Inc.,
rep
re
the Englewood ps were built based on the 1988
conditional
'onal use e 1 which allowed commercial use.
Ms. .Card
ie said a wa just notified of the proposed
conditional 'onal us permit visions in the last few days
,
and asked fo additional me for research.
Com:a o �ck s
s' ner Cardinal moved a Planning Commission
nd the city Council tab e this action and refer
rec
it to the Planning Commiss n.
Planning Commiss ion "4
Minutes 8 -21 -90
b. Plan
Amendment and Rezoning: 2708 Minnehaha Avenue
(McDonald' s )
K ,
en Roberts Associate Planner, presented the staff
report.
Tim Baylor of 1
650 W. 82nd Street, Bloomington,
representing McDo nald's Cor poration, gave a
presentation on this request*
Moritz, owner of the property at 2708 Minnehaha
John M z •� drainage roblems in
Avenue, said the swampy soil and g , p
s area would prevent building a dwelling on this
this p
property and, therefore, requires commercial •
P y
development. ment. Mr. Moritz discussed the history of this property. Mr. Moritz said M cDonald's does not create
any noise problems that would not be created by
' ert
multiple housing on this prop y
The property owner at 2707 Margaret Avenue said he is
p y
concer about retaining his privacy and the value of
's p roperty . This property owner said he is also
h which now screen his
concerned that he may lose trees •
p roperty from the commercial development. Commissioner
P ro y P
Rossbach .
asked this property owner if he would still
object to this expansion if McDonald ' s installed a
retaining etainin wall and chain -link fence. The property
owner
said if this were the case, he would like them to
rep lace the trees which screen his property.
commissioner Sinn commented that the expansion Of the
M p arking arking lot could increase the already
significant nificant traffic problems on that corner and
suggested the traffic pattern in and Out Of McDonald Is
be reexamined.
Commissioner
Fischer said basic differences between
this proposal and the original rezoning proposal is
that in November 1989 the Council approved an 11 -space
parking
reduction authorization for Century Center and,
also,
the Council feels there exits a surplus in of high
density residential land use design i
designation and
favor of reducing . this use*
Commissioner Rossbach said he is opposed to
reclassifying
the north 200 feet of property while
leavin g the back 100 feet with its existing
classification, since this would leave the back 100
feet landlocked and unbuildable. Commissioner Rossbach
said he believes this one piece of property should have
One zoning onin to eliminate any problems with future use.
�5-
pla nning Co
Pla g miss ion --
Minutes s-21-
•n Commission
ove the Pl
C i.oner Rossbac
h m 1 g
recommend: the
tion which amends
. �.. Adop
tion of the resolu high 11 ve Plan from RH ( residential
om r hens ice commercial .
C p, ty) to ZS ���ited se rvice
d
ensi C the following
•
Thls am endment is based on
• cons istent with the
amendment w i 11 be c
a. The the C
goals an
d objectives of
Flan
• am endment will be compatible with the
c p
b• The am
planned surrounding land uses.
• the p rovis ion of
ent will allow p
Co' The amendment t on the site•
parking now def lcien
• which r ezones th
' °n of the e from R -1
2. Adopts e resolut �g Minnehaha AVenu (limited
p roperty at 27 sal to LBC (lima
p mil residential is based on
(single This rezoning
business co • code.
bus commercial). City
required by
the
fi ndings the
• use p ermit until.
• the condit p th parking
3. Tabling of d ailed plan f °r p
$ubmlts detailed view Board•
applicant county Design Re
lot to the Com
Ay -- Barrett, .
Fisc seconded Fischer,
ommissioner Flsc C
C
Gerke, Rossbach,
s i nn
M
The motion passed.
NEW BUSINLI'SkS
1 700 Co. Rd. D (Weston%
.
a. ReZoning-
Estate )
is ssociate Plan
presented the staff
Ken Roberts,
report. zoning request
said that when a re was not
Comm issioner Ross ch d in the past, It
Comml was onsidere
• proper f issues shoul
on this pr °p a felt the traf he is
approved be use it w er Rossbach said
appr first. COMM sloe
be resol developm t �.n th is area without the
agains approving stud
resul s
of the traffic y-
F -3
Aetion by Co'unoij :j
MEMORANDUM
TO.:
FROM:
SUBJECT
LOCATION:
APPLICANT/ OWNER:
PROJECT TITLE:
DATE:
INTRODUCTION
City Manager
Thomas Ekstrand, Associate Planner
Conditional Use Permit Renewal /Revision
1285 Cope Avenue
BB &D Investments
Englewood Shops
August 10, 1990
City Code requires that the City
use permit (CUP) for the Englewol
proposing several changes to the
lighting and hours of operation.
owner at 1308 Cope Avenue, would
10:00 p.m. and the lights turned
page 9.)
BACKGROUND
Past Actions
Endorsed
Modified_
Rejected_ ,
date
Council review the conditional
:)d Shops commercial center. I am
permit, including limitations on
Steve Lammlein, the property
like all the stores closed at
off . (Refer to his letter on
On August 8, 1988, the City Council approved the CUP for English
Place, a commercial center proposed b another g
p p y er developer. The
plans were for a walk'-out style building, with one story facing
Cope Avenue and two stories facing Highway y g
g g ay 3 6 . (Refer to the
original site plan and elevations on pages 7 and 8. The
Community Design Review Board held a ublic hearing and p g approved
revised plans on August 15, 1989. (Refer to the site plan on page
6.) The revised plans were for a one - story budding on one level.
The first.condition of the CUP gives the Board the right to
approve changes to the plan,
Code Requirements
The City Council adopted the fuel station ordinance on September
11, 1989. This ordinance requires that at stations within 350 feet
of developed residential properties close between 11:00 ..m. and
6:00 a.m. The gas station and about p
half of the convenience store
are beyond the 350-foot limit. The ordinance, however, does not
apply to the F.ina Station, The City must publish an ordinance
before It takes effect. The City published the ordinance after
the Building Official issued the building permit.
DISCUSSION
Uncompleted Work
The developer needs to complete or provide the following items:
1 A trash dumpster enclosure.
2. Parking stall striping with double-stripes.
30 Seed or sod the remaining
ng hillside on English Street
40 Installation of right and-Hig 3 and left -turn 1 anes at English i s
6. g h Street
5 - Replace some dying s
Y g od.
I advised the owner that the
businesses to occu e City well not allow additio
py the building until he co, nal
pletes this work.
Hours o f operation
I am recommending a change � •
Brat' to
condition six, which limit
p ion. The previ mlts the % hours of o
_ e Ave n limited the hours o
English Street P Aven Since the shops now f
the shops facing Co
the Counc should rev' p ,front on
this. The Council also 1' revise the condition to refle
imited the proposed center a ct
o the same hours, cross
English Street t
I would not recommend that the Council limit t
as sta he hours of the
convenience store and sh g , these hours The City Attorney advi
Y uld not lim Y City me
that the City c n
show that the current hours . unless the City
can
are creating a problem for
I am not aware of an robl r the
neighborhood,
Current hours. Late night traffic p ,ems caused by the
English Street, g raffic is minimal and orient
There has been a robber at orient to
i Y the Brooks store
it not effect the ne ighborhood. The D irector of but
Public Sa fety
are not effected b limi
advised me that robberies of operation. Robberie a Y the hours
store, re effected by the ease of access to a
Lig hting
Steve Lammlein, 1308 Cope A venue, has complained
from the lighted p plained about
g wall panels. The Comm unit the glare
required the developer to y,Design Review Board
required Pr ovide site security jig htin
q that the developer direct • g• The
Board also re t or shield thi
o cause an undue glare onto d• is
lighting so as not t
properties 'or roadwa s. Y a anent
what. is a ro Y The dictionary defines and •
pp priate or normal - excessiv undue as exceeding
e. The Director of Pub
he developer leave the lights Pub lic
Safety recommends that t ghts on for
security purposes, but at
one robbery at this a reduced level. There has al ready been
s site,
RECOMMENDATION
Approval of the resolution .
on page 10 This resolution extends
revises the conditional use
the time limit and
commercial building. at 1285 Co permit far a
the following conditions:
e Avenue. Approval is subjec
out deleted ns: tI have underlined new � t to
words.) words and crossed
1• Adherence to the site
is approved plan dated May 27� 1 988 pp by the Cityis Conununit • unless a change
Y Design Rev Board, All
2
construction must com ly with the site plan date-stamped
Au us 9 1989,, The Director of Community Develo ment ma
approve minor changes.. The : City Council may approve mad or
changes,
2. The right -turn lane proposed along English Street shall be
subject to the City Engineerls approval.
3. The applicant shall restripe English Street, and widen if
necessary, to provide a left -turn lane for west - bound Highway
36, subject to the City Engineeris approval.
4.. The landscape plan shall be revised for Community Design Review
Board approval showing:
a. On -asite berming along Cope Avenue and English Street.
These berms shall be four feet tall.
b. A thick screen of evergreen plantings shall be provided,
maintained and replaced when necessary on top of the berms
to block headlight glare, to meet the requirements of
.Section 36 -27 of the City code.
c. Trees shall also be planted on top of the berms.
The owner shall replace all required landscaping that dies.
5. Gas sales shall be limited to two dispensers on one island.
There shall be no vehicle repair or maintenance.
6.. The upper floor uses, facing Cope Avenue, The shopping center
shall not be open between the hours of 10 pm. and 7 a.m..,
except for the convenience store and gas sales.
7. There shall be no temporary or permanent outside storage or
sales, except fuel.
8. The City Council shall review this permit in six months,
based on the procedures dures in City Code.
9. The developer shall reduce the brightness of the lighted
wall panels to a level at isacce table to the Cit
TEENGLE (Section 9)
Attachments
1. Location Map
2. Property Line /Zoning Map
3. Englewood Shops Site Plan
4, Original Site Plan of English Place
5. Original Building Elevations of English Place
6. Letter from Steve Lammlein
7, Resolution
0
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LOCATION MAP
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PROPERTY LINE /ZONING MAP
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5 Attachment 2
5 4v 9b,
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I
FUEL SALES
A
C ep
i
4 I
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W
SITE PLAN
APPROVED ENGLEW001) SHOPS PLAN
6 Attachment 3
4
N
HIGHWAY 36
HIGHWAY 36
0 *0
F \
4k
SITE PLAN
ORIGINAL ENGLISH PLACE PLAN
NNW
N
x
J
C7
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Attachment 4
NJ
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J
NORTH ELEVATION
COPE AVENUE SIDE
- -- -- ' - WEST ELEVATION
COPE AVENUE SIDE �--�► � -- - _ - — - _ _ - _ - _ - - - -- _- _
=-
EAST ELEVATION
ORIGINAL ENGLISH PLACE ELEVATIONS
8 A ttachment 5
DATE* fi august 1.990 �
I dive at 134 Cope Aveaue East, on the southeast comer of Cape anc
4n$ lish sus. hismy
d crstanding that you will be discussing the development on tho northwest ca�aer -of Cade, and
English streets at your August 1990 meeting. I wish to provide my input for your *on,
but Y a� w�ble to stand the mcetixng. Thus, .I am P P utring my oGmmets in writing in thi
. mcmar�ndum.
I esk that the Planning Commission take the foll owing steps:
L. Li»iit the Operating Hours of this Development. Due to its i'°acumt�
very close the.
p►:'b�'
residential gyres, no store or setvice in this development should be o� A past
10 PM. Any business that is open will cause noise, traffic, and 1i end
sha�ld not be permitted to disrupt our neighborhood at late homrs. n kse .
29 Require rfuu All -Signs and I.iphting be Turned Off at 10 P11�. When the'storoa this
deiialopment close, all signs ; and li�hting not absoiutaly �ssary for p lice ��tor-
.
mg must be.awned off. Phis especially uicludes the ljt�ge flQuresccnt light canoes that
has been instaIlcd over the storefronts, the gas pump area lights, and any Mu�ated
sigans. If they are left on, they► will continue to attract trs�'lc and nn�se ands Hght
s
. � feel very gly about the need for both of these actions. Both are critical to pr the
nsidenrial character of our neighborhood. J
i
f
AUG 0 619gp � r
9 I Attachment 6
TOO P� Co s�iau�, C of hwc�od
9 rY
FROK Steve. Lein
SUBYECro. Development on NW Comer, of Co and . pc En glish
AUG 06 '90 13:01 PDRI INC � P. 2/2
Steven E. Lammkin i
1308 Co
pg Avenue East • Maplewood, MN 55109 ' • (612) 482ft 6
UKUnweunmu
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, the City of Maplewood initiated a hearing to revise
the conditional use permit for a convenience center with gas.
WHEREAS, this permit applies to 1285. Cope. Avenue. The legal
description is:
PLAT 03092 CLIFTON ADDITION, RAMSEY CO., MINN.
SUBJ TO HWY 36; VAC ST ACCRUING & FOL;
EX THE W 379 FT MOL
BLK 18
AND
PLAT 0:092 CLIFTON ADDITION, RAMSEY CO., MINN.
SUBJ TO ST & EX PART OF LOTS 19 THRU
25 BEG ON N L OF BLK '13 & 379.61 FT E
OF NWCOR OF LOT 16 TH S 29 DEG 14 MIN
Tip 117e56 FT TO ST AS OPENED IN DOC
2021912TH NW TO N L OF SD BLK 13 TH E
TO BEG; VAC ALLEY ACCRUING & PART LYING
NELY OF NE LINE OF SD ST AS OPENED IN
DOC 2021912 OF BLK 13
WHEREAS, the history of this conditional use permit is as
follows:
1. The Planning Commission discussed this application on
August 21, 19900 They recommended to the City Council
that said permit be approved.
2. The City Council held a public hearing on September 10,
19900 City staff published a notice in the paper and
sent notices to the surrounding property owners as
required by law. The Council gave everyone at the
hearing a chance speak and present written state-
ments. 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 for the following
reasons:
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.
10 Attachment 7
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.
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.
80 The use would maximize the preservation of and
incorporate the site's natural and scenic features into
the development design e,
91 The use would cause minimal adverse environmental
effects.
Approval is subject to the following conditions:
1. All construction must be in accordance with the site
plan, date- stamped August 9, 1989, The Director of
Community Development may approve minor changes. The
City Council may approve major changes.
2. The right -turn lane proposed along English Street shall
be subject to the City Engineer's approval.
3. The applicant shall restripe English Street, and widen
it if necessary, to provide a left -turn lane for west-
bound Highway 36, subject to the City Engineer's
approval.
4. The owner shall replace all required landscaping that
dies.
11
50 Gas sales shall be limited to two dispensers on one
island. There shall be no vehicle repair or
maintenance.
6. The shopping center shall not be open between the hours
of 10 p.m. and 7 a.m., except for the convenience store
and gas sales.
7. There shall.be no temporary or permanent outside
storage or sales, except fuel.
81 The City Council shall review this permit in six
months, based on the procedures in City Code.
9. The developer shall reduce the brightness of.the
lighted wall panels to a level acceptable to the City.
Adopted
, 1990.
mb \1285cup.res
12
Planning Commission -2
Minutes 8 -21 -90
5, UNFINISHED BUSINESS
a. Conditional Use Permit Renewal and Revision: 1285 Cope
Avenue (Englewood Shops)
Secretary Olson presented the staff report.
Andrea Carty, Suite 712, 3300 Edinburough Way.,'Edina,
an attorney representing B B. & D. Investments Inc.,
said B. B. & D. Investments Inc. feels the 10 p.m.
closing is unreasonable and does not want the operating
hours limited at the individual shops (other than
Brooks Market). Ms. Carty said the applicant is
working with an electrician for options regarding the
lighting problems
Keith. Carlson, representing Brooks Food Market, spoke
against the 10 p.m. closing time.
Anna Roberts, 1332 Cope Avenue, said she was present
representing several of her neighbors who could not
attend the meeting. ..Ms. Roberts spoke in favor of the
10 p.m. closing, that the lights be turned off as early
as possible, and that when the lights around the entire
convenience center are on that they be dimmed.
Commissioner Gerke said the lighting reflected off of
the white canopy creates a glare problem, which will
become a bigger problem with the reflection off of the
snow, and asked staff to research what color awning was
approved by the Community Design Review Board.
Commissioner Gerke spoke against the lights remaining
on after 10 p.m, and also asked staff to check on the
sod on the south side of the berm which is not being
watered.
Commissioner Gerke moved the Planning Commi'seion
recommend approval of resolution reflected in the
staff recommendation. This resolution extends the time
limit and revises the conditional use permit for a
commercial building at 1285 Cope Avenue. Approval is
subject to the following conditions:
1. All construction must comply with the site plan,
date- stamped August 9, 1989. The Director of
Community Development may approve minor changes.
The City Council may approve major changes.
Planning Commission -3
Minutes 8-21-90
2. The right -turn lane proposed along English Street
shall be subject to the City Engineer's approval.
3. The applicant shall restripe English Street, and
widen it if necessary, to provide a left -turn lane
for west -bound Highway 36., subject to the City
Engineer's approval.
4. The owner shall replace all required landscaping
that dies.
5. Gas sales shall be limited to two dispensers on
one island. There shall be no vehicle repair or
maintenance.
6. The shopping center shall not be open between the
hours of 10 p.m. and 7 a.m., except for the
convenience store and gas sales.
7. There shall be no temporary or permanent outside
storage or sales, except fuel.
80 The City Council shall review this permit in six
months, based on the procedures'in City code.
9. The lighted panels over the stores shall be turned
off after 10 p.m., except for those panels
directly over the convenience store windows. The
developer shall reduce the brightness of the
lighted wall panels to a level acceptable to the
City.
Commissioner Cardinal seconded Ayes -- Barrett,
Cardinal, .Gerke,
Rossbach
Nays -- Fischer, Sinn
Commissioner Sinn said he voted nay because he does not
agree with the limitation of hours. Commissioner
Fischer said, since this is zoned commercial, she voted
nay because she did not agree with the limitation of
hours and that she would rather have the City Council
make the decision on the lighting based on design
review and public safety.
The motion passed.
SUBJECT:
DATE:
AGENDA ITEM -
f
AGENDA REPORT
Ac
ounc3,x ;
City Manag ndors e d,, ,,_
,,, ,,,, ,.
Modifie
Assistant City Engineer Bruce Iris h Rejected _
Dat
Condor Storm Sewer, Project 86-01--Awar of Bid
August 31, 19.90
Introduction
Bids for the ro subject projec ,
J p ct were received, on August 31, 1990,
tabulation of bids and recommendation of aw '
attached,
and of bid are
B daet Imps t
The cost and financing of t •
g he project as estimated In the
feasibility report and as apparent after rece '
. 1pt of beds are
compared in the following table:
Estimate in Actual
Feas Report Bid Costs
Construction cost with inee continge $133,000 $174,000
Eng ineering, ring, administrative & i ndirect 4 3 000
3 8 # 000
Total project cost
$176 $212 , 000
Special assessment re
A
Ge neral $163,954 $133,685.60
obligation funding
17 6 A _ 0 0 0
f� 78.314940
... Total financing
$176,000 $212,000.00
The increase in construction costs a '
re primarily due to the
addition of fencing and tree an •
d shrub planting around the
existing pond at Dorland Road South '
and Londln Lane to enhance
its safety - and aesthetics.
The repair of the existing ener
dissipator storm sewer inlet was also ncluded in the
gY
not �.
feasibility study, which adds '
Y to the difference between the
estimated costs and the actual bid costs
Recommendation
It is recommended that the award
and of bid be made to Brown and Cris
in the amount of $168 sub to •
acquisitions,
� finalizing easement
jC BAI
BROWN AND CRIS
DANNER INC..
J PROGRESSIVE CONTRACTORS
ITEM
D ESCRIPTION
UNIT
QUANT.
UNIT
PRICE
TOTA
UNIT
PRICE
TOTAL
UNIT
PRICE
TOTAL
2021.501
Mobilization
LS
1
$8,000.00
$8
$9 ,800.00
$9
$37,200.00
$37,200.00
2104.509
Remove catch basin- manhole
EA
2
$280.00
.$560.00
$500.00
$1,000.00
$150.00
$300.00
2105.501
Common excavat
CY
1420
$3.00
$4,260.00
$4.35
$6,177.00
$3.45
$4,
210 5.511
Comm channel excavation
CY
210
$5.00
$1,050.00
$7.00
$1,470.00
$8.70
$1,827.00
2105.515
-Pond excavation
CY
10 0
$8.00
$800.00
$7.00
$700.00
$15.60
$1,560.00
2105.521
Granular borrow, LV
CY
75
$6.00
$450.00
$15.00
$1,125.00
$5.00
$375.00
2105.523
Common borrow, LV
CY
350
$5.00
$1,750.00
$10.00
$3,500.00
$3.90
$1,365.00
2105.525
Topsoil borrow, LV
CY
650
$6.00
$3,900.00
$8.00
$5,200.00
$9.10
$5 ,915.00
2211.501
Aggregate base, Class 5
T
.27.0
$9.00
$2,430.00
$10.00
$2,700.00
$9.60
$2,592.00
2232.501
Mill bituminous wear surface
SY
55
$4.00
$220.00
$6.00
$330.00
$5.75
$316.25
2331.508
Type 41 wearin2 course mixture
T
100
$50.00
$5,000.00
$85.00
$8,500.00
$75.00
$7,500.00
2331.514
Type 32 base course mixture
T
8
$50.00
$400.00
$85.00
$680.00
$90.00
$720.00
241 1.507
Repair existing energy dissipator
EA
1
$2,000.00
$2,000.00
$4,000.00
$4,000.00
$1
.$1,400.00
2501.515
18" RCP apron w trash vuard
EA
1
$710.00
$710.00
$550.00
$550.00
$465.00
$465.00
2501.515
30" RCP apron w /trash guard
EA
1
5965.00
$965.00
$1,000.00
51,000.00
$760.00
$760.00
2501.515
30" PC -CS apron w /trash guard
EA
1
$825.00
$825.00
$975.00:
$975.00
$610.00
$610.00
2501 .515
36" RCP apron:'w/ trash guard.
EA
2
$1,410.00
$2,820.;0
$1,300.00.
$2,600.00
$1,005.00
$2,010.00
2503.511
12" DIP sewer, Class 50
LF
40
$42.00
$1
$70.00
$2,800.00
$40.00
$1,600.00
2503.511
18" DIP sewer, Class 50
LF
10
$53.00
$530.00
$150.00
$1,500.00
$55.00
$550.00
2503.511
12" RCP sewer, Class 4
LF
31
$37.00
$1,147.00
$24.00
$744.00
.$21.50
$666.50
2503.511 1
18" RCP sewer, Class 4
LF
54
$40.00
$2,160.00
$26.00
$1,404.00
$27.00
$1,458.00
250 3.511
30" PC -CS pipe swr.s ir.rib,l6 gau.
LF
502
$39.00
$19
$35.00
$17,5
$45.75
$2.2,966.50
2503.511
36" RCP sewer, Class 3
LF
571
$44.00
$25
$52.00
$29,692.00
$52.00
$29,692.00
2503.573
Inst. 5/8" Dia eye bolt concr. pipe tie
EA
6
$70
$420.00
$80.00
$480.00
$20.00
$120.00
2503.573
Inst. 3/4" Dia eye bolt concr. pipe tie
EA
18
$75.00
$1
$80.00
$1,440.00
$25.00
$450.00
0503.602
Reseat exist. 30" RCP joint
EA
2
$350.00
$700.00
$400.00
$800.00
$150.00
$300.00
0504.605
2 "insulation
SY
15
$20.00
$300.00
$20.00
$300.00
$20.00
$300.00
2506.508
Construct manhole, Design 302, 6' Dia.
EA
5
$2,150.00
$10,750.00
$2,600.00
$13,000.00
$3,000.00
$15,000.00
2506.
Construct CB -MH, Structure 8
EA
1
$4,400.00
$4,400.00
$6,000._00
$6,000.00
$5,750.00
$5,750
2506.508
Construct manhole, Desian 303, 4' Dia.
EA
1
$900.00
$900.00
$1,00.0.00
$1,000.00.
$1,200.00
$1,200.00
2506.508
Construct manhole, Design 303, 5' Dia.
EA
2
$1,960.00
$3,92
$2,200.00
$4,400.00
$1,820.00
$3,640.00
2506.508
Construct manhole, Design 303, 6' Diam.
EA
3
$2,50
$7,500.00
$3,000.00
$9,000.00
$3,000.00
$9,000.00
2506.508
Const. MH, Design mini -tee w /Weir inlet
EA
1
$2,500.00
$2,5 00.00
$4,900.00
$4,900.00
$1,800.00
$1,800.00
2506.509
Construct catch basin, Design 301
EA
4
$800.00
$3 200.00
$950.00
$3,800.00
$850.00
$3,400.00
2511.501
Random riprao, Class 3
CY
75
$35.00
$2,625.00
$50.00
$3,750.00
$50.00
$3,.750.00
251 1.507
Grouted ripra
CY
15
$45.00
$67
$100.00
$1,500.00
$90.00
$1,350.00
2511.515
Geotexti1e filter, Type 4.
SY
175
$2.00.
$ 350.00
$3.00
$525.00
$3.00
$525.00
2531.501
Concrete curb & gutter Design 66 -18
LF
350
$10.00
$3
$15.00
$5,250.00
$14.00
$4
2531.5
Concrebe curb & gutter, Desi n 66 -24
LF
50
$20.00
$1,000.00
$15.00
$750.00
$16.00
$800.00
0531.603
Timber curb
LF
20
$10.00
$200.00
$9.00
$180.00
$20.00
$400.00
2557.501
Wire fence, Design 60-9322-Type 4 vinyl
LF
1224
$9.00
$11,016.00
$10.05
$12,301.20
$8.75
$10
2557.517
Vehicular oate
EA
3
$500.00
$1
$300.00
$900.00
$550.00
$1 650.00
2557.527
Electrical found
EA
4
$50.00
$200.00
$200.00
$800.00
$100.00
$400.0
2571.501
F & I pine, Austrian 4'
TREE
4
$140.00
$560.00
$155.00
1620.00
$160.00
$640.00
2571.501
F & I spruce., Colorado Blue 4'
TREE
6
$140.00
$840.00
$155.00
$930.00
$160.00
$960.00
2571
F & I spruce, Norway 4'
T REE
4
$140.00
$5 60.00
$155.00
$620.00
$160.00
$6 40.00
2571.502
F & I maple, Silver 2 1/2"
TREE
3
$225.00
$675.00
$255.00
$765.00
$245.00
$735.00
2571.502
F & I willow, Niobe Weepin 2 1/ 2"
TREE
3
$225.00
$675.00
$255.00
$765.00
$245
$735.00
2571.505
F & I olive, Russian 6'
SHRUB
6
$160.00
$960.00
$200.00
$1,200
$ 180.00
$1,080.00
2571.505
F & I sumac, Smooth 1.5'
SHRUB
16
$30.00
$480.00
$40.00
$640.00
$50.00
$800.00
2571.505
F & I sumac, Staghorn 3'
SHRUB
16
$30.00
$480.00
$40.00
$640.00
$50.00
$800.00
2573.503
Silt fence, preass
LF
450
$2.00
$900.00
$3.50
$1
$3.50
$1,575.00
0573.601
Inlet structure erosion protection
EA
2
$30 0..00
$600.00
$975.00
$1,950.00
$75.00
$1 50.00
2575.502
See d, Mixture 700
LB
45
$15.00
$675.00.
$4.25
$191.25
$3.00
$135.00
2575.505
Sodding, type lawn and boulevard
SY
1350
$2.40
$3,240.00
$2.00
$2,700.00
$1.95
$2,632.50
2575.505
Soddin t pe erosio c ontrol
SY
85
$2.40
$204.00
$2.50
$212.50
$1.95
$165.75
2575.511
Mulch material, Type 5
LBS
500
$0.01
$5.00
$2.00
$1,000.00
$3.00
$1,500.00
2575.52
Wood fiber blankets, regular
SY
4800
$1.65
$7,920.00
$2.00
$9,600.00
$1.50
$7,200.00
2575.53
Com m. fertilizer, Analysis 9 -13 -7
LB
290
$0.60
$174.00
$1.25
$ 362.50
$0.50
$145.00
0575.605
Erosion control reveaetation mat
SY
1000
$5.70
S5,700.00
$6.35
$6,350.00
$1.60
$1,600.00
TOTAL AMOUNT BID S168,013.00 $205,214.45 $213,685.50
TABULATION OF BIDS
Pursuant to due call and notice thereof, a special meeting of the
officials designated for a bid opening by the City Council of
Maplewood was convened at 10 a. m., Friday, August 31, 1990. The
purpose of this meeting was to receive, open and publicly read
aloud bids for construction Condor Storm Sewer. at Londin Lane and
Dorland Road South, City Project 86 -01.
Present were: Bruce Irish and Dennis Peck
Following the reading of the notice of advertisement for bids,
the following bids were opened and read:
BIDDER BID AMOUNT BID
BOND
Brown and Cris, Inc. $168,013.00 5%
Danner, Inc. .205,214.45 5%
Progressive Contractors 213,685.50 5%
Pursuant to prior instruction of the council, the city clerk
referred the bids received to the city engineer instructing him
to tabulate same and report with his recommendation at the
regular city council meeting of September 10, 19900
Meeting adjourned at 10:05 p.m.
RESOLUTION FOR AWARD OF BIDS
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,.MINNESOTA,
that the bid..of Brown and Cris, Inc. in the amount of $168,013 is
the lowest responsible bid for the construction.,of Condor Storm
Sewer at Londin Lane and Dorland Road South, City Project 86 -01,
and the mayor and clerk are hereby authorized and directed to
enter into a contract with said bidder for and on behalf of. the
city.
FURTHERMORE, the project budget is amended to $212,000, and
the. project financing .. 's amended as. follows
Assessment recovery .$133,685.60
General obligation funding 78,314.40
Total $212,000,000
q
f
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AGENDA NO.
AGENDA REPORT Action by Counol �
Endorsed,,„
T0: City Manager Modifiel
Rejected M „
�,
FROM: Finance Director ,�.�.� DatA
RE: ORDINANCE TO CHANGE COUNCIL PAYROLL PROCEDURE (2ND READING)
DATE: August 31, 1990
Currently council members are paid monthly and all other city employees are p aid
bi- weekly. In order to simplify payroll procedures, it is recommended that the
attached ordinance be approved to provide that council members be paid bi - weekl .
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Attachment
�a
O
ORDINANCE NO.
AN ORDINANCE AMENDING THE MAPLEWOOD CODE
PERTAINING TO COMPENSATION FOR ELECTED OFFICIALS
Section 1. Section 2 -23 is hereby amended as follows:
Section 2 -23 Compensation. Pursuant to Section 415.11(1) of Minnesota Statutes
the salary of the Mayor is hereby established at Seven Thousand Five Hundred
Dollars ($7,500.00) per year, payable in bi- weekly installments and the salar
of each member of the Council is established at Six Thousand Six Hundred Dollars
($6,600.00) per year, payable in bi- weekly installments effective Januar y 1
199.0, and thereafter the Mayor's salary and the salary of each Councilmember
shall be adjusted annually based on a change in the cost of living. Such
adjustment shall be based on the cost-of-living index published by the Department
of Labor. Such adjustment becomes effective and automatic on the first of
January of the year for which it is made.
Section 2. This Ordinance shall take effect upon its passage and publication.
Passed by the City Council of the
City of Maplewood, Minnesota, on the
day of , 1990.
Ayes -
Nays -
Mayor
ATTEST:
City Clerk
AGENDA N0. � .,7
AGENDA REPORT
TO: City Manager
FROM: Finance Director
RE: FINANCING OPTIONS FOR SOUTHLAWN /I -694 BRIDGE
DATE: August 31, 1990
INTRODUCTION
The City Council directed staff to investigate options for the purchase
of land needed for the possible construction of the Southlawn /I -694
bridge.
BACKGROUND
According to a July 27th memo from Winfield Mitchell to Pat Kell
y
Frank's Nursery is planning on purchasing the land adjoining he western
end of their property g
p p ty on County Road D. This same parcel will be needed
if Southlawn Avenue is extended northward over I -694.
ALTERNATIVES
The following alternatives have been considered for financing he
acquisition of this g
q land for the Southlawn /I -694 bridge:,
1. The fiscal disparities tax base pool
2. Tax increment revenues
3. Special assessments
4. Property taxes
DISCUSSION
Alternative one, use of the fiscal disparities tax base p ool would be
similar to the method used by Bloomington and MnDOT for the
construction of highway improvements needed for the Me amall. According
ding
to a Bloomington official, this financing procedure involved a loan from
the fiscal disparities tax base pool to finance the interest on the
bonds that were issued for the highway improvements. The loan must be
repaid using the tax base from the Megamall. This financing technique
required special legislation g ue
re q
q p g slation that was difficult to obtain. In my
opinion, it is unlikely that the Legislature would approve use of the
fiscal disparities tax base pool for the Southlawn /I -694 bridge because
it lucks metropolitan area -wide significance. If this alternative were
used, money would have to borrowed from the General Fund to purchase the
p
land now and it could not be repaid until the Legislature approved
special legislation for use of the fiscal disparities tax base pool.
Alternative two, use of tax increment revenues, would be possible based
upon the current financial status of the City's tax increment districts.
These districts have projected revenues that could finance a $7.7
million bond issue. The bond issue amount could be increased to $25.2
million if it is leveraged using property tax levies. In this case, 20%
of the debt service would be financed by tax increment revenues and 80%
by property tax levies that are exempt from the levy limit law.
According to the 1990 -1994 Capital Improvement Plan, tax increment bond
issues totaling $12,083,000 are planned to be used for financing a
Community Center. If the Council approves construction of a Community
i
Center as planned n the 1990 -1994 C.I.P., additional bonds totaling
approximately $13.1 could be issued to finance other projects listed in
the City's tax increment plan. One of the projects listed in the lan
is "the p
construction of water, street, sanitary sewer and storm sewer
improvements within the area North of Beam Avenue, South of the Northern
City limit, East of Highway 61 and West of White Bear Avenue ". This
provision would include construction of the Southlawn /I -694 bridge.
(Mary Ippel, bond counsel, will be contacted when she returns to town on
September 5th for a legal opinion on using tax increment revenues to
finance the bridge costs beyond the northern City limit.) If this
alternative were used, the land could be purchased immediately by
charging the transaction to the City's Tax Increment Fund. Tax
increment bonds could be issued to reimburse the Tax Increment Fund if
special assessments are not levied for the project.
Alternative three, use of special assessments, would require that the
City proceed with the project following the provisions of State law for
special assessment projects (i.e. order a feasibility report, hold a
p
public hearing, prepare an assessment roll, etc.). If a minimum of 20%
of the project costs are assessed, bonds could be issued without tax
payer approval via a referendum. The portion of project costs not
assessed could be financed by property tax levies that are exempt from
the p
levy limit mi t l aw.
Due to the urgent need to purchase the land,. this alternative could not
be used initially because a feasibility report hasn't even been ordered.
However, a feasibility report could be ordered at this time to enable
the possible levy of special assessments at a later date. At that time
the Tax Increment Fund could be reimbursed by the issuance of public
improvement bonds.
Alternative four, use of property tax revenue, would involve financing
the property purchase internally until 1992 at which time the City's
annual tax levy for capital improvements would be available. The
problem with this is that the capital improvements tax revenue is needed
for other projects that can't be financed by special assessments or tax
RECOMMENDATION
If the City Council wants to purchase the land needed for the
Southlawn /I 7 694 bridge at this time, financing alternatives two and
three are recommended. This would involve initially financin g the costs
using tax increment revenues. However, a feasibility report should also
be ordered at this p
time to enable the possible assessment of project
costs.
ACTION REQUIRED
Three Council actions are required to implement this recommendation:
I. Approval of the attached resolution which authorizes the
acquisition of property for the project.
2. Appropriation of $10,000 in the Tax Increment No. 2 Fund for
the legal costs associated with the purchase of the ro ert for the
project,
p p y
3. Approval of the attached resolution ordering re aration of
a feasibility stud t p p
y a a cost of $40,000.
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SENT BY : BANN I GAt*I AND KELLY Q— 4 -90 2 : d3 ?PM fa 122238019 -) 6127704597;# 3
ON NO%���
WEE the pity of Maplewood proposes to construct a bridge over 1-694 on
Southlawn Drive Fmende4 and
1NHERLAS�, the improvement consists of acquiring that property necessary for public
ri it -of -way and accessory uses such as, but not l ted to, const cdon of a bridge, and
WHEREAS, fee title for certain lands are required to provide for said eanstructian,
atd
WHEREAS, the City of Maplewood his the authority to acquire Inds for public right-
of -way and public purposes by cmiaent domain pursuant to Minnesota Statute §412.491 and
Minnesota Statute 1I17,011, et al, and
WHEREAS, a portion of said lands required for the acquisition are owned by Kenneth
H. Bowser, a/k /a Kenneth Bowser, and
WHEREAS, the City of Maplewood desires to enter into negotiation for the acquisition
end
subsequent, and if wosumessful, subsequeat condemnation of said property, legally
4. � 0 1 .,
The East 231 feet of the South 693 feet of the Southeast Quarter
of Secdou 34, Township 34, Rwga 22, Ramey County, except that
part of the t 231 feat of the South 693 feet of the Southeast
Ouamr of Section 34, Tow=Wp 30, Range 2Z, bring northerly of
H
ighway 694, accordiag to the United States Government Survey
thereof situated in Ramsey County, subject to rods and highway
riEht -af-way.
NOW, 'THEREFORA BE IT RESOLVED, that the Maplewood City Council hereby
authorizes the a cquWtion of said land eft her by negotiation or by c icut du,. aiik, pursuant
to Minnesota statutes 1117-011, ac alt
1'I' IS FURTHER RESOLVED that said acquisition is necessary for public purpose
9 ncl ding but not fimitod f purposes of righ of way and congtruction of a bridge-
SENT BY:BANNIGAN AND KELLY 9- 4 -90 2:47PM 6122238019 612 770459 7;# 4
BE IT FURTHER IiESOLVED, that the Maplewood City Atta: Heys requested to file
the necessmy Petition therefore, and to proceed with such action to a successful conclusion
or until it is abandanod� dismissed, yr terminated by the City or the Court.
6+ * 1 I I
Ayes -
Nayes-
STATE OF IrIINNESC)TA )
COUNTY OF RAMSEY ) SS.
CITY OF MAPLEWOOD )
I, the undersiped, being the duty qualified and appointed Clerk of the City of
Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and
foregoing extract of minutes of a regular meeting of the Cit�3'► of Maplewood, held on the
day of , 1994 with the original can MC in my office, and the same is
a Wtrue an - complete tr therefrom ingnfar as the =o relates to eminent domain.
Witness my head as such Clerk and the Corporate Seal of the CitY this _day of
....$ 1990.
GY,ty Clark
City of Maplewood, Minaesota
RESOLUTION
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to construct a bridge on Southlawn Avenue
that would cross I -694 and to assess the benefited property for all or a
portion of the cost of the improvement, pursuant to Minnesota Statutes,
Chapter 429,
MINNESOTA: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
That the proposed improvement be referred to the city engineer for
study and that he is instructed to report to the Council with all convenient
speed advising the council in a preliminary way as to whether the proposed
improvement is feasible and as to whether is should best be made as proposed
or in connection with some other improvement, and the estimated cost of the
improvement as recommended.
FURTHERMORE, funds in the amount of $40,000 are appropriated to
prepare this feasibility report.
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AGENDA ITEM
AGENDA REPORT
Action by Council:
r
Endorsed.,,...
r TO:
City .Manager
Mod
Rejecte
FROM:
City n ineer
y `�
Date
l SUBJECT:
Assessment Appeals -. County Road C, White Bear to Ariel,
Project 86 25 .
DATE:
August 31, 1990
{
t' The assessment
�.�
appeal letters are being reviewed
pp g
b the attorney
Y Y ,
appraiser,
and engineer. A staff recommendation
will be
available
at the Thursday meeting.
fi
KGH
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H ' s
AGENDA ITEM
AGENDA REPORT Action by Council,
Endorsed... .. .... ,
TO: City Manager Modified,.,
Rejected
FROM: City Engineer ` s
SUBJECT: Assessment Appeals-- - Southlawn Drive, Beam Avenue to
County Road D, Project 85-17
DATE: August 31, 1990
The assessment appeal letters* are being reviewed by the attorney,
appraiser, and engineer. A staff recommendation will be
.available at the Thursday meeting.
KGH
AGENDA REPORT Action by council:
Endorsed
TO city Manager
Modift
FROM: City Engineer R ejecte c
Date
SUBJECT: Highwood /McKnight.Outlet, Project 90 -10
DATE: August .31, 1990
This item was tabled from the August 13, 1990, council meeting.
Please refer to the feasibility study for information.
KGH
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N- 7
Action by Coun.ei
AGENDA REPORT Endorsed
M o d i f i e d .
To: City Manager Michael McGuire
From: Chief of Police Kenneth V. Collins )./ e't� W. 1 a -
Subject: Charitable Gambling Ordinance 4
Date: September 4, 1990
Introduction
The charitable gambling ordinance was presented to the City Council on
August 27, 1990, for its second reading. The item was tabled pending further
review.
No further changes are recommended at this time.
Recommendation
Review and approval by the City Council.
Action Required
Submit to the City Council for review and passage.
KVC:js
CHARITABLE GAMBLING
Sec. 15 -34, In general.
Lawful amblin conducted pursuant to Minnesota Statutes Cha ter 3494 shall
b e operated in accordance with the conditions rescri bed in this ordinance and
other applicable provisions of the Ma lewood ordinances. ,
Authori zed forms of ambl i nq Al 1 forms of 1 awful gambl i n gma�y be approved
by the city counc i l subject to the terms and conditions of t h i s ordinance and
all provisions of Statute 349.
Sec Notice; approval or disapproval.
The Minnesota Charitable Gambling-Board shall notify-the city council in
w r i t i n g , in the manner re u i red by l aw of each end i ng application for a
charitable gamblinq license at_l east . th i rtn (30 ) ,., d s before I i s su i n or
renewinq the license. Each endi ng ' appl i ca on for a license shal l be
approved or disapproved b_Y resolution of the city
Sec. 15 -36, Location.
Lawful qAmblinq under license issued by i:he Minnesota Charitable Gamblin4
Control Board may be conducted only at the following locations:
( a) In the licensed organization's hall where it has its re ular
meetin s. No organization shall rent lease or occupy. directly
or
indirectly,, any other p roperty _ for the ur ose of conducting ambl in exce t
an on -sale establishment as ermitted in this ordinance•
,(b I n licensed on - sale li uor wine and beer establishments•
c Notwithstandin subsections a and (b) above raffle only) licenses
ma be aDproved for any p location•
( d) No location shal 1 be approved for gambl i nq unless it complies with the
applicabl zon i n bu i l d i n f ire. and health codes of the C i t y of Maplewood.
Sec. 15-37 Conditions.
The conduct of lawful under license issued by-the Minnesota
Charitable Gambling Control Board shall be subject to the following _conditions
in the City of Maplewood:
( a) No sale consumption, or of li uor wine or 3.2 beer shall
be permitted during gambl in conducted by a licensed _organizatio except as
ermitted under a valid on -sale liquor, wine or 3.2 beer license or a bottle
club_germit; provided further that no sale, consumption, or possession of
liquor, wine, or 3.2 beer shall be permitted in the room where a bingo session
is taking place;
(b ) No
organization shall be
eligible
for a gambling license unless, for
the three
(3) years immediately
preceding
the date of application, it has had
an office
holds regular monthly
meetings
in the City of Maplewood, has 15
active members and demonstrates that durin
substantial services within the City of Ma
Maplewood;
( c) No or anization shall hold more than
location in the City of Ma lewood exceD Itan
license for its own building one
an location in the City of Ma lewood•
g that period it has performed
1 ewood or on behalf of residents of
one ( license for an_Y
_organization that holds a gambling
D_additl*onal g mblig -license for
d Before any g erson ma serve a mbli.nq mane er for an or anization
licensed to conduct amblin in the Cit of Ma lewood that person must have
satisfactoril com leted a course of instruction conducted by the Minnesota
Charitable Gamblin Control Board on the and res onsibilities of the
gambling -manager.
Sec. 15 -38. Investigation.
Ever or anization,which files an app for issuance or renewal of a
charitable gambling-license shall deliver the appli cation to the City clerk.
The city clerk and the police department designee shall investigate each
agRlication and report their findings and recommendations to the city--council.
Sec. 15 -39. Permits for exempt organizations under Minnesota Statutes Section
349.214.
Ever or anization seeking to conduct charitable qambl which is exem t
from state licensing under Minnesota Statutest Section 349.214 shall obtain a
permit issued by the city council. subject to the fol l owi ng conditions:
a The organization shall pay a permit fee of fifty-dollars 50.00 Der
da •
b Permits for all classes of gambling activities may be appro
c Charitable amblin by-an or anization exempt from licensing under
Minnesota Statutes Section 349.214 may be conducted on the remise of a
licensed on --sal e liquorl wine or beer establishment or a bottle club Subject
to the restrictions in this chapter relating to the conduct of gamblinq in on-
sale establishments and bottle clubs;
d Exce t as provided in subsection c above the sale consum tion and
ossession of intoxicating li or at a gambling event by-an exem t
organization shall be prohibited, however,, 3.2 beer ma served and consumed
only-under a _valid temporary on -sale beer _l i cense;
e The organization shall comply with all statutory requirements for an
exempt organizationt organization including the thirty day-notice requirement to the
City of Ma lewood. The city council when a permit to an exem t
organization. waive the thirty day not requirement.
Sec. 15 -40. Filing of records: ins ection• access to records.
a Every organization licensed to conduct gambling in the Cit of
Maplewood shall file with the city clerk and director of public safety
of all records and repo re uired to be filed with the Minnesota Charitable
Gambling Control Board pursuant to Minnesota Statutes Cha ter 349 and the
rules and regulations promulciated thereunder. The records. and reports shall
be due at the same time they are due to the board;
( b) - EverV qambling event in the City of Maplewood conducted by--an
or anization under Minnesota Statutes Chapter 349 shall be o en to
i ns ect i on bv officers of the Maplewood Police Department •
( c) - Em to ees the Maplewood Police Department ma ins ect at an
reasonable time without notice or search wa rrant. all records of a licensed
organization. gamblin account and other bank records re uired b
the Minnesota Charitable - Gambling Board to be maintained and preserved,
Sec. 15 -41. Lawf gambling at on -sale establishments.
Lawful gambling at on -sale li uor wine and 3.2 beer establishments shall
be conducted in with the following
( a) Only licenses for charitable gambl and raffles ma be i ssued exce t
where the licensed qambling or anization also holds the on -sale li uor wine
or 3.2 beer licenses for the remi ses i n which case any g mbling license ma
be issued;
( b) On -sale establishments shall be limited to one licensed amblin
organization at an one time-in the licensed remi ses and an rooms adjoin i n
the premises under the same management. No lease shall be made with one
or anization while another lease is in effect for the same on -sale
establishment;
( c) --. , Every agreement between a non-profit organization and an on -sale
remises for gambling shall be in the form of a written lease. The written
lease shall be the complete agreement between the parties and there shall be
no unwritten terms or conditions. The lease shall specificallv provide that
the lessee shall o erate onlv after issuance of a license and shall be subject
to the terms of this ordinance;
( d) - A copy of an lease agreement between a non-profit organization and an
on-sale 1 i cen*see shall be filed with the citv clerk and the director of ubl i c
safety with the gambling license application;
( e) .. A lease agreement between a non-profit organization and an on-sale
establishment shall not for rental payments based on a percenta a of
receipts profits from lawful gambling. There shall be no other
compensation paid to the on -sale establishment directl or -indirectly, other
than the rental fee provided in the lease agreement. The maximum rental fee
shall be six hundred dollars 600.00 per month•
( f) All gambling shall be conducted from a booth or other area properl
segregated from the rest of the licensed remises . The physical layout of the
area set aside for qambling shall be subject to the approval of the Ma lewood
Police_ Department;
(g) The gambling---booth shall be constructed and maintained by the
organization licensed to conduct gambling and shall be under the exclusive
control of that or anization. The organi licensed to conduct gambling
shall prominently dis la its name at its amblin booth and shall indicate
that all Drofits from gambli are for the benefit of the organization:
( h) No em to ees or a ents of the on -sale establishment shall handle
ambl i ng devices ambl in money. pri zes or gambl i ng records n shall they
record winners re l a s or free I nor shall the otherwise conduct or
assist the licensed gambling in conductinq the gamblin
operation:
.. r•.�i .ter r
i No person shall be - jointl employed by---both the non-profit organization
and the on-sale establishment:
The amb1 ing booth shall be separate from the 1 i uor service bar. No
g ambling shall be condu cted from the liquor service bar;
( k) The organization licensed to conduct gambling shall have exclusive
control over all devices money, and records. Whenever the
organization is not resent all amblin devices records shall be
securely locked and shall be inaccessible to emp loyees of the on - sale
establishment•
1 No gamblinglunds shall be commingled with funds of the on -sale
establishment;
m 'No food drink or entertainment discounts or other romotions shall be
offered in conjunction with the sale of gambl devices or chances•
n The on -sale establishment shall allow the organization to conduct
g ambling at an time during its lawful business hours and shall prohibit
gambling at a n time other than its lawful business hours•
( o) The on -sale licensee shall make no a reements with any gamblin
equipment d i stri butor re u i ri n the use of his or her gambli n equipment in
the establishment;
(p) Subsections 15 -41 (f). i and (k) shall not apply
the licensed amblin organ i zat i on is also the holder of the on - sale license
for the establishment where the is conducted•
( The city council may disapprove a gambling license application for an
on -sale establishment in which gambling violations have previously occurred.
Sec. 15 -42. Local gambling tax.
_ _
a There is hereby im osed a tax on all lawful gambling conducted in the
City of Maplewood by organizations licensed by the Minnesota Charitable
Gambling Control Board at the rate specified in this section•
( b) An organization's receipts from lawful gambling that is exempt from
licensing under Minnesota Statutes Section 349.214 are not subject to the
tax imposed . by t h i s section ;
c on all lawful qambl in the taxis ten 10 ercent of the net recei is
of a 1 icense
d or anization from lawful gambling 1 ess prizes actually aid out
payable by the organization
d The tax imposed
b this section shall be paid on a monthly basis and
.shall be re on a duplicate co of the tax return filed with
the Minnesota Charitable Gamblinq Control Board each month. The rep ort shall
be an exact du licate of the re Dort filed with the Minnesota Charitable
b 'n Control Board without deletions or additions and must contain the
Gam l�
signatures of organization officials as rewired on the report form.
The tax return and payment of the tax due must be or if hand -
delivered received in the office of the Ma lewood Finance Director on or
befor the last business day---of the month followinq the month for which the
report is _ made
An i ncom
lete tax return will not be considered timely filed unless corrected
and return ed the due date for filin Del a s i n the maili , mail p ick-
upst and postmarkinq are the resimnsibili of the organization.
The tax return and tax payment shall be delivered to:
Finance Director
Ci of Maplewood
1830 East County Road B
Maplewood, MN 55109
Checks shall be made payable to:
City of Maplewood
e There shall be an interest charge of eig (8) per annum on the
un aid balance of all overdue taxes owed by-an organization under this
section
f The city council shall disapprove application for renewal
or on final issue of a charitable gambling license for any organization which
owes delin vent amblin taxes to the City-of Maplewood. Further, the
director of public safety the Minnesota Charitable Gambling Board
of any or anization owing delinquent amblin taxes to the City-of Maplewood
and may re uest that the board revoke or suspend the organization's license
durinq the license ygar. The cit council shall not issue or renew any
sale or off -sale alcoholic beverage license bottle club ermit or food
license to an or anization which owes delinquent gambling-taxes to the Cit
of Maplewood. The above remedies are not exclusive and shall be in addition
to any other and remedies provided by law.
,r--s
Action by Council. o.)
MEMORANDUM
TO: City Manager
FROM: Environmental Health Official
RE: Used Car Sales License - 1908 Rice Street reet
August 21, 1990
INTRODUCTION
Endorsed.
Modified
Reheated
Date
The City Clerk's office is holding he renew
license g al Of the used car
dealership for the Used Car Center at 1908 Rice Street
pending their compliance with certa'
in code requirements.
BACKGROUND
On October 26., 1989: I sent Mr. Anderson Owner caner of the Used Car
Center, a letter ordering him to remove or repair all ino erative
vehicles on his sales lot. We received a p
Council regarding complaint from the
g g t his matter. A few of the ino erative ve
p
have been re hl'eS
removed, but there are many left,
On January 30 , 1990: Mr . Anderson was sent
a letter on another
matter ordering the property at 1908 Rice'
to be .connected to city
sewer as per city code. This also has not
been done.
On August 3, 1990: I informed Mr. Anderson •
cars on an unpaved that he was parking
• p area, south of his paved lot. Parkin lots
are required to be paved. Mr. Anderson h g
action on this violation. as not yet taken any
.
DISCUSSION
Mr. Anderson told me he did not have the money
ney to hook up to City
sewer or to pave his parking lot. If he does not
to pave the lot he should ave the money
ld remove the cars from the unpaved lot.
I recommended that he bring to the Council
cil meeting of September
10, an acceptable written time for the '
.' completion of these
items and have all the
inoperative vehicles removed.
RECOMMENDATION
I recommend that the Council revoke Mr. Anderson's •
Berson s dealership
license, unless he brings to the Council
1 an acceptable time table
for the completion of the sewer hookup n •
p d parking lot paving,
and has removed
all inoperative vehicles. %
mb /usedcar
Action by Councils
Endorsed
ME M OR A 14 D UM Modified
Re
Date
TO: Ma and Cit Council
FROM: Cit Mana
R CITY HALL OPEN HOUSE
DATE': Au 31,, 1990
With the completion of the addition to Cit Hall, the C it y
C ouncil re that an open house be scheduled. We . suggest
that Cit Hall be open to the public from 4.*00 p.m..to 8:00 p.m.
Different activities for the event would include:
A small instrumental or voc g roup from Tartan Hi
School to perform ever hour.
A special video tape titled "Maplewood Cit Hall
Renovation and Addition".
Refreshments - coffee,, punch and cookies.
Guided tours b department heads.
Updated informational booklets about the Cit and the
vario departments,, commissions, and boards.
A presentation in memor of Ma Norm A
The recommended date _for r-this- event is Monday,, October 29th.
This is a fifth Monda in the month,, and there are no other
public meetin scheduled for that afternoon or evenin Also,
the new parkin lot landscapin and the remainin minor repairs
to the addition should have been completed b then.
AGENDA ITEM 7 - .3
AGENDA REPORT
Action by -Council
TO:
Cit y
Ma nager
-Endo o
FROM:
Cit Y
Engineer
g veer
Sete
SUBJECT:
City
Hall 1 Update
. DATE :
Au u s t 3
g 1, 1990
The contractor
list o his pro
is continuing with punch list w
ress w' ork.
g ill be available
An u dated
p
on Thur sday ,
KGH
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