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1993 09-27 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 27, 1993 Council Chambers, Municipal Building Meeting No, 93 -21 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES I. Minutes of Council /Manager Workshop September 7, 1993 2. Minutes of Meeting 93 -20 (September 13, 1993) E. APPROVAL OF AGENDA EA. PRESENTATIONS I. Commendations - William Mikiska and Robert Bade 2. Proclamation - 1993 Minnesota Manufacturing Week F. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine b the CitywillytyCouncilandllbeenactedbyonemotion. There will be no separate discussion on theseitems. If a member of the City Council wishes to discuss an item, °m, that item will beremovedfromtheConsentAgendaandwillbeconsideredseparately. 1. Approval of Claims 2. East Twins Gambling Permit 3, Conditional Use Permit Review: 743 N. Century Ave. (Holiday Express Station)4. Conditional Use Permit Review: 1255 Cope Avenue (Northern Hydraulics)5. Conditional Use Permit Review: 2650 White Bear Avenue (Harmony School)6. Conditional Use Permit Review: 1735 Kennard Street (Presentation Child Care)7, Sterling Street, Project 87 -45 - Change Order 8. Budget Adjustment For CDBG Funds 9. Budget Transfer Request - Building Maintenance 10. ADA Compliance Survey 11. Non - Discrimination /Sexual Harassment Policy Revision 12. 1993 Fire Department Contracts - Third Quarter Payments13. Resignation - Park and Recreation Commissioner 14. Assessment Appeal Settlement - Pinotti G. PUBLIC HEARINGS 1. 7:00 P.M., Maplewood Assisted Care Living Facility Alley Vacation Street Vacation Rezoning Lot Sale Density Variance Parking Space Reduction Approve the Plans Tax- Exempt Financing 2. 7:30 P.M.: Canada Woods Lot Width Variances Increased Front Setbacks South - Facing Houses Rear Yard Setback Variances Preliminary Plat Rezoning 3. 7:50 P.M.: Conditional Use Permit: 2610 Highway 61, (Mitsubishi) H. AWARD OF BIDS I. UNFINISHED BUSINESS 1. Gervais Avenue - Project 88 -14: Assessment Objections 2. Liquor Ordinance (2nd Reading) 3. Animal Control Ordinance (2nd Reading) J. NEW BUSINESS 1. St. Paul Metro Treatment Center (Methadone Clinic) 29 Larpenteur and English - 4 -Way Stop Sign Request 3.Preliminary Plat Time Extension:Beth Heights 4.Preliminary Plat Time Extension:Gervais Overlook 5, Conditional Use Permit Review and Change: 2210 White Bear Avenue (GAC) 6. Construction Agreement: Kennard Street, North of Co. Rd. C (Lakin) K. VISITOR PRESENTATIONS L. COUNCIL PRESENTATIONS 1. 2. 3. 4. M. ADMINISTRATIVE PRESENTATIONS 1. 2. N. ADJOURNMENT s CITY COUNCIL,/MANAGER WORKSHOP OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD 5:00 p.m., Tuesday, September 7, 1993 Maplewood Room, City Hall MINUTES D -/ A. CALL TO ORDER The Council /Manager meeting of the Maplewood City Council was held in the Maplewood Room, City Hall. The meeting was called to order by Mayor Bastian at 5 :02 p.m. B. ROLL CALL Mayor Gary Bastian Present Councilperson Dale Carlson Present Councilperson Fran Juker Absent Councilperson George Rossbach Present Councilperson Joseph Zappa Present Others Present: City Manager Michael McGuire Assistant City Manager Gretchen Maglich Public Works Director Ken Haider C. APPROVAL OF AGENDA The following items were added to the agenda: H. OTHER BUSINESS 1. Reply to the Andy Dawkins Article 2. Community Center Pool 3. Bike Safety Program Mayor Bastian moved that the agenda be approved as amended. The motion was seconded by Councilmember Zappa and was approved. Ayes: Bastian, Carlson, Rossbach and Zappa Absent: Juker 1 D. ROADWAY LEVEL OF SERVICE City Manager McGuire introduced the subject which was tabled from a previous Council /Manager workshop. City Engineer Haider reviewed the Project Review Committee's recommendations and the PAVER program and stated that his department is requesting that the City Council establish a specific level of service for roadway maintenance and construction. Director of Community Development Geoff Olson arrived at 5:31 p.m. After some discussion, it was the consensus of the Council that City Engineer Haider would survey other cities regarding their typical level of service, evaluate the costs associated with the different levels of service, investigate the tax impact on Maplewood to complete the work, and look for other funding sources for the non- assessed portion of the project costs. Director of Public Safety Ken Collins arrived at 5:55 p.m. E. COMMERCIAL PROPERTY STUDY Community Development. Director Olson explained that the Planning Commission had organized a list of items for staff and Commission study, and the Commission was requesting Council approval before they begin their work. There was some discussion about focusing the study on compatibility of land uses as the first phase, moving on to other items on the list once these items were researched, and encouraging the Commission to continue to evaluate each commercial property's application individually as to its merits. Councilmember Carlson moved that the Planning Commission focus on Items 1 - 8 as presented on the Commercial Propert Study agenda report dated June 30, 1993. The motion was seconded by Councilmember Zappa and was approved. Ayes:Carlson, Rossbach and Zappa Nays:Bastian Absent:Juker City Engineer Haider and Director of Community Development Olson left the meeting at 6:15 p.m. F. EMPLOYEE /COUNCIL CODE OF ETHICS City Manager McGuire stated that he is interested in establishing an employee code of ethics policy, and he was asking for Council input and whether or not the Council wanted to be covered by the same policy. After some discussion, Councilmember Zappa moved that the ethics policy be established as an administrative policy covering only emplo s. There was no second, and the motion died for lack of a second. 2 Councilmember Carlson moved that the :item be tabled for more Council inputand be placed on the next ,Council /Manager workshop agenda, for further discussion. The motion was seconded by Councilmember Rossbach and was approved. Ayes: Bastian, Carlson and Rossbach Nays: Zappa Absent: Juker Councilmember Zappa stated that he needed to leave the meeting soon, and he moved that the agenda be amended to allow discussion of item H. OTHER BUSINESS before item G. DRAFT of 1993 -94 FIRE DEPARTMENT CONTRACT. The motion was seconded. by Councilmember Rossbach and was approved. Ayes: Bastian, Carlson, Rossbach and Zappa Absent: Juker H. OTHER BUSINESS 1. Reply to Andy Dawkins Article Councilmember Zappa stated that Mr. Dawkins statement about Ramsey County suburbs in a recent St. Paul Pioneer Press should be answered by Maplewood. There was some discussion about Mr. Dawkins' intent in his election bid for the St. Paul's Mayor's office. It was the consensus of the Council that City Manager McGuire would investigate the intent and that a possible response would be postponed until after the results of the primary r- are known. 2. Community Center Pool City Manager McGuire reported that the pool consultant for the Community Center is recommending that the City switch from the previously designed chlorine /ozone pool treatment system to bromine /ozone. This recommendation is made based on improved water and air quality issues, reduced chemical costs, no need to store liquid chlorine on site, and reduced equipment maintenance. Mr. McGuire stated that this modification does not require a change order, because there is no credit or additional charge involved and that he wanted the Council to be aware of the change and address any questions. 3. Bike Safety Training City Manager McGuire reported that police officers in the Bike Patrol program are required to receive bike safety training. As an informational item, City Manager McGuire distributed a map of the Century/Larpenteur area in which a proposed I.S.D. 622 high school site is located. 3 City Councilmember Zappa left the meeting at 6:45 p.m. G. DRAFT OF 1993 -94 FIRE DEPARTMENT CONTRACT T City Manager McGuire presented the draft of the 1993 -94 Fire Department contract prepared by Mr. Bill Bruen with input from the Council and administration. Mr. McGuire asked for approval of the draft, authorization for Mr..Bruen to assist him in the final negotiations, with the Fire Departments, and authorization to pay Mr. Bruen's current invoice. Mayor Bastian moved to approve the contract draft with one. change:, Haz Mat resse - by the Fire Departments should. be at Level 2 authorized Mr. Bruen and City Mannaager McGuire to proceed with _negotiations with the Fire Departments using the draft contract; authorized an increase in Mr. Bruen's fee to cover his time involved in negotiations: and authorized payment of the current invoice in the amount of 1,256.e-u. The motion was seconded by Councilmember Carlson and was approved. Ayes: Bastian, Carlson and Rossbach Absent: Juker and Zappa I. FUTURE TOPICS There was no discussion of FUTURE TOPICS. J. ADJOURNMENT The meeting was adjourned at 6:55 p.m. 4 J t MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 13, 1993 Council Chambers, Municipal Building Meeting No, 93 -20 A.. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers Municipal Building, di n , and was called to order at 7:02 P.M. by Acting Mayor Juker.g B. PLEDGE OF ALLEGIANCE C. ROLL.CALL: Gary W . Bastian, Mayor Dale H. Carlson, Councilmember Frances L. Juker, Councilmember George F. Rossbach, Councilmember Joseph A. Zappa, Councilmember D. APPROVAL OF MINUTES: 1. Minutes of Meeting 93-18 (August 23, 1993) Present (Arrived at 7:02 P.M.) Present Present Present Present Councilmember Zappa moved jo. approve the minutes of Meeting No. 93 -18 August 23,.1993) as presented. Seconded by Councilmember Carlson Ayes - all 2. Minutes of Special Council Meeting 93 -19, August 26, 1993 Councilmember Zappa moved to approve the minutes of Special Council Meeting No. 93 -19 (,August ,26, 1993) as presented Seconded by Councilmember Rossbach Ayes - all 3. Minutes of Council /Manager Meeting, August 26, 1993 Councilmember Zappa moved to approve the minutes of Counci 1 /Manager Meeti na of August 26. 1993 as presented. Seconded by Councilmember Carlson Ayes all MAYOR BASTIAN ARRIVED AT 7:04 P.M. AND ASSUMED THE CHAIR. E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the A ends as amended: U. Bushes and Trees L2. FBI Report - Part II L3, Kenwood Drive and Mt. Vernon L4. Rental Property -.White Bear Avenue Seconded b y Councilmember Juker Ayes - all EA. PRESENTATIONS NONE f. CONSENT AGENDA Councilmember NNZa a moved seconded - by Councilmember Carlson' a es - all to approve the consent agenda items F- thru F -10 as recommended: 1. Approval of Claims Approved the following claims. ACCOUNTS PAYABLE: $ 746,794.43 580,933.80 1,327,728.23 PAYROLL. $ 212 45,587.24 257 1,585 Checks #1306 - #1384 Dated 812 -93 thru 8 -31 -93 Checks #10949 thru #11099 Dated 9 -13 -93 Total per attached voucher /check register Payroll Checks #36341 thru #36514 Dated 8 -27 -93 Payroll Deduction Checks #36519 thru 36533 dated 8 -27 -93 Total Payroll GRAND TOTAL 2. Bud et Change Payroll Software Modification99 Approved the transfer of 5675 from the General Fund Contingency Account to the Finance Department budget for purchase of a payroll software modification to comply with PERA requirements.. 3. Final Payment: Overlay Project Authorized final payment of $91,422.50 to Tower Asphalt for completion of Project 93 -07, Bituminous Overlay. 4. Budget Adjustment - Emergency Pumping Authorized budget adjustments to cover a $21,326.16 grant from the Federal Emergency Management Agency (FEMA) as 78 percent reimbursement of the cost to the City for monitoring and pumping two ponding areas. M 9 -13 -93 2 5. Hi hwood McKnight Outlet: Project 90 -10 - Acceptance of Project Recapitulating99 Change Order - Final Payments r 93 -09 -116 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 90 -10, Highwood- McKnight Outlet, 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 90 -10, Change Order Final Recapitulating. 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 Final Recapitulating in the amount of $53,078,88. The project budget is amended to $976,935. The project financing is amended as follows: Special assessments $226.756 Developer payment 57 Ramsey County payment 54 General obligation 628 St. Paul sewer payment 9,507 Total $976,935 93 -09 -117 ACCEPTANCE OF PROJECT WHEREAS, the City Engineer for the Ci ty' of Maplewood has determined that Highwood- McKnight Outlet, City Project 90 -10, is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,M MINNESOTA, that City Project 90 -10 is complete and maintenance of these improvements is accepted by the City. Release of retai nage in the amount of 11,417.31 is hereby authorized. 6. Budget Transfer: Recycling Bins Approved a budget transfer of X5,500 from the Recycling Fund Contingency Account (203- 104 -4910) to the Recycling Program Supplies Account (203 -704- 4120). 7. Conditional Use Permit Time Extension: 2480 Linwood Avenue (Jirovec) Extended the Conditional Use Permit at 2480 Linwood Avenue for one year. 89 CUP Termination & Home Occupation License: 798 N. McKnight (Nosner) Terminated the Conditional Use Permit at 798 North McKnight Road and approved a Home Occupation License for a beauty shop at that location. 9 -13 -93 3 9. Conditional Use Permit Review: 2271 White Bear Avenue (Flemings Auto Service) Reviewed and renewed for one year the Conditional Use Permit at 2271 White Bear Avenue allowing the redevelopment of a gas station within 350 feet of a residential district.v 10. Renewal of St. Paul Ski Club Gambling License 93 09 - 118 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for the St. Paul Educational Foundation (St., Paul Ski Club) to be located at the Chalet Lounge, 1820 Rice Street. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minn. Statutes No. 349.213. HOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. G. PUBLIC HEARINGS 1. 7:00 P.M.: Assessment Hearing - Gervais Avenue - Project 88 -14 a. Mayor Bastian convened the meeting for a public hearing regarding adoption of the assessment roll for Project 88 -14, Gervais Avenue, English Street to East. b. Manager McGuire presented the staff report. c. City Attorney Kelly explained the procedure for public hearings. d. Director of Public Works Haider presented the specifics of the report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Richard Gale, representing Donald Regan and Mr. Hartford Looger f. Mayor Bastian closed the public hearing. g. Councilmember Juker introduced the following Resolution and moved its adoption. 93 - 09 - 119 ADOPTION OF ASSESSMENT ROLL - PROJECT 88 -14 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed on all objections to the proposed assessment for the construction of Gervais Avenue as described in the files of the city Clerk as Project 88 -14, and has amended such proposed assessment as it deems just, 9 -13 -93 4 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 through the year 2009, the first of the installments to be payable on or after the first Monday in January, 1994, and shall bear interest at the rate of 9 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, 1993. 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 additionalp 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 made such assessment feasible. 40 To the extent that t h i s improvement benefits nonabutt i ng 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. Seconded by Councilmember Zappa Ayes - all 29 7:20 P.M.: Change in City Council Condition: 2226 Searle Street (Farrar -Orr) a. Mayor Bastian convened the meeting for a public hearing regarding a request from the resident of 2226 Searle Street to fill most of her back yard. b. Manager McGuire presented the staff report. c. Director of Community Development presented the specifics of the report. d. Commissioner Ellensbach presented the Planning Commission report. eo Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard. Toya Farrar -Orr, 2226 Searle John Guertin, representing the Kopps and the Johnsons Walter Van De Port, Retired City Engineer Robert Kopp, 2232 Searle 9 -13 -93 5 Jay Orr, 2226 Searle Johnathon Orr, 2226 Searle Les Axdahl, 2209 Payne Avenue Mrs. Robert Kopp, 2232 Searle f. Mayor Bastian closed the public hearing. Mayor Bastian moved to'deny the petition of redress.9 Y Seconded by Councilmember Zappa Ayes - all h. Councilmember Zappa introduced the following Resolution and moved its ado tion: 93 - 09 - 120 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, the City may build a storm sewer system in the area between Viking Drive and County Road B between Edgerton Street and Payne Avenue and assess the benefitin g property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF MAPLEWOOD, MINNESOTA: That the City Council refers the proposed improvement to the City Engineer for stud and instructs him to report to the City council with all9Y convenient speed advising the City Council whether the proposed improvement is feasible. The City Engineer also shall determine whether the City should make the improvement as proposed or with some other improvement, and the estimated cost of the improvement as the City Engineer recommends. FURTHERMORE, the City Council f e a s i b i l i t y report* Seconded by Councilmember Juker H. AWARD OF BIDS 1. Modular Ambulance appropriates $2,000 to prepare this Ayes - all a. Manager McGuire presented the staff report. b. Councilmember Zappa introduced the following-Resolution and moved its adoption: 93 -09 -121 AWARD OF BID - MODULAR AMBULANCE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Road Rescue in the amount of 569,953 is the lowest responsible bid for furnishing a modular ambulance (1993 Supermedic) and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Carlson Ayes - all 9 -13 -93 6 I. UNFINISHED BUSINESS NONE NEW BUSINESS 1. Edgerton & County Road B - Petition for 4 -Way Stop Signs a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to request Ramsey County to evaluate the intersection. Seconded by Councilmember Zappa Ayes - all 2. Variance to Street Width Request: Highwood Meadows Plat a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to deny the re uest to keep uniformity with the other streets in the development. Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmember Zappa Nays - Counc i 1 members Carl son , Rossbach, Juker NOTION DEFEATED c. Councilmember Rossbach moved to approve.the request to have existing road bed on Timber (Sch l l er and Sterling existing) and 28 foot bed on Wildflower Lane Schaller Curve-... Valley View Birdsonq Lane and Crestview Lane. Seconded by Councilmember Carlson Ayes - C o u n c i l m e m b e r s C a r l s o n Rossbach, Juker, Zappa Nays - Mayor Bastian 3. Storm Drain Stenciling Project a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to proceed with the storm drain stenciling protect for the area that drains to Phalen and Wakefield Lakes. Seconded by Mayor Bastian Ayes - all 4. Status Report - House Movings a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. 7 9 -13 -93 c. Mayor Bastian asked if anyone wished to speak before the Council regarding t h i s matter. The following was heard: Ray Mosio, 1839 Kohlman Avenue. Mr. Mosio stated the work should be completed by next week. NO ACTION WAS TAKEN 5. Purchase of Property at 2669 E. Seventh Street a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to deny, the reauest to purchase the a, ro,perty. MOTION DIED FOR LACK OF A SECOND c. Councilmember Carlson moved to authorize $58.000 from the PAC Fund 'to acquire the property.at 2669 East Seventh Street. Seconded by Councilmember Juker Ayes - Mayor .Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa 6. Liquor license: O'Reilly a. Manager McGuire presented the staff report. b.Director of Public Safety Collins presented the specifics of the report. c. Councilmember Zappa introduced the following Resolution and moved its adoption: 93 - 09 - 122 APPROVAL OF LIQUOR LICENSE NOTICE IS HEREBY GIVEN that pursuant to action by the City Council of the City of Maplewood on September 13, 1993, an On -Sale Intoxicating Liquor License was approved for Brian O'Reilly doing business under the name of Mulligan's Liquor at 1690 North McKnight Road. The Council proceeded in this matter as outlined under the provisions of the City Ordinance. Seconded by Councilmember Carlson Ayes - all T. Liquor Ordinance (First Reading) a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the report. c. Councilmember Zappa moved to approve first reading of an Ordinance to revise the City's Alcoholic Beveraqe Ordinance. Seconded by Councilmember Rossbach Ayes - all 8 9 -13 -93 r S. Animal Ordinance (First Reading) ao Manager McGuire presented the staff report. b. Director of Public Works Collins presented the specifics of the report c. Councilmember Zappa moved to approve , first reading of an Ordinance to revise the Ci t_y.'s Animal Ordinance_ Seconded by Councilmember Carlson Ayes - all 9. City of Newport's Request For Support a, Manager McGuire presented the staff report. b. Councilmember Zappa introduced the following Resolution and moved its adopto._ 93 - 09 123 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD OPPOSING THE DRAFT OF THE PROPOSED COMPREHENSIVE MANAGEMENT PLAN ENVIRONMENTAL. IMPACT STATEMENT FOR THE MISSISSIPPI NATIONAL RIVER AND RECREATION AREA WHEREAS, the City of Newport adopted t h i s resolution of opposition to the Plan, because the proposed plan for the Mississippi River corridor does not al l ow the City of Newport the full discretion through its zon i ng code to protect its citizens and residents living on or near the Mississippi River; and WHEREAS, the City Council of the City of Newport directed the City Administrator to send a copy of their resolution to all affected cities one of which is the City of Maplewood; and WHEREAS, the City Council of the City of Maplewood considered Newport's request on September 13, 1993 and desired to support the City of Newport's position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD., MINNESOTA: 1. Zoning codes of local municipalities are drafted to protect the residents and their properties; are considered only after testimony is taken in noticed, public meetings; and are adopted by locally elected officials who have unique knowledge of their community and its specific needs and desires. 2. Local rule and governance should not be superseded by federal and /or state authority particularly regarding development and land use issues. 3. Full support is given to the City of Newport's opposition to the proposed Comprehensive Management Plan Environmental Impact Statement for the Mississippi National River and Recreation Area based on the above stated reasons. Seconded by Councilmember Carlson Ayes - all 9 -13 -93 9 loo Community Center Project Update a. Manager McGuire presented the staff report. b. Assistant Manager Maglich presented an update on the progress of the t Community Center Project. NO ACTION WAS TAKEN K.. VISITOR PRESENTATIONS 1. Lori LaBey, 1758 Lark Avenue a. Ms. LaBey stated neighbors are concerned regarding the methadone treatment clinic at 2223 White Bear Avenue. b. Rosemary McNeily, Operations - Colonial Clinic, responded to questions. c. Counc i 1 member Zappa moved to refer the matter of the treatment cl in i c at 2.223 White Bear Avenue to staff for a comal e,te review and i nvesti gati on and report back to Council within 2. weeks: and at the end of two weeks a status report will be expected from the Police Department. Seconded by Councilmember Carlson` Ayes - all 2. M. L. Swanson, 1741 E. Laurie Road a.. Ms. Swanson requested the City provide security for the area around the clinic. b. Marilyn Pettit reported on other similar locations. c. The following people also addressed the Council regarding the clinic: Juanita Gustayson, 1764 E. Lark Bob Parsons, 2229 Prosperity Road Bob Emerson, 2225 Prosperity Road Chris Finney, 1733 Laurie Road COUNCILMEMBER JUKER MOVED TO EXTEND THE MEETING UNTIL THE END OF THE AGENDA, SECONDED BY MAYOR BASTIAN AYES - ALL L. COUNCIL PRESENTATIONS 1. Bushes and Trees a. Councilmember Juker commented on the shrubs at the Northwest corner of Barclay and Frost. b. Staff will investigate and act on the question. 20 FBI Report - Part II a. Councilmember Juker asked whether there are any plans to implement what is learned at FBI School to be transmitted to City personnel. 9 -13 -93 10 b. Staff stated that these are being implemented. 3. Kenwood Drive and Mt. Vernon a . Council member Juker stated the house was investigated but the report was not sufficient to answer questions. b. Staff will investigate further. 4. Rental Property - White Bear Avenue. This matter was discussed under Visitor Presentations Mo ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING 10:45 P.M. Lucille E. Aurelius City Clerk 9 -13 -93 11 I ia zI Toe City Manager Mike McGuire From: Director of Emergency Management Larry J. Cude Date: September 21, 1993 Subject: Council Presentation of Certificates of Commendation Z4 / We received Certificates of Commendation (copies attached) from Governor Arne Carlson for Bill Mikiska and Bob Bade. These commendations are for Bill and Bob's efforts with the 1993 flood emergency in St. Paul on June 25, 26 and 27. Please place presentation of these Certificates on the September 27 Council Agenda, Item EA. Presentations. I spoke with Mayor Bastian yesterday who approved presentation of these Certificates to Bill and Bob. Thank you. IJC:ajo attachments ARNE H. CARLSON GOVERNOR CERTIIZCATE OF COMIKENDATION In reco of your dedication to the people of Minnesota throu your efforts durin the flood of 1993 this commendation is presented to: Or A ANWILLIAM MMSKA with the appreciation and respect of the people of Minnesota. IN WITNESS WHEREOF, I have hereunto set m hand and caused the Great Seal of the State of Minnesota to be affixed at the State Capitol this first da of September in the year of our Lord one thousand nine hundred and ninet three, and of the State the one hundred and thirt A %A GOVERNOR x.•11 .• ARNE H. CARLSON GOVERNOR CERTIFICATE OF COMMENDATION In recognition of your dedication to the people of Minnesota through your efforts during the flood of 1993; this commendation is presented to: ROBERT BADE with the appreciation and respect of the people of Minnesota. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Minnesota to be affixed at the State Capitol this first day of September in the year of our Lord one thousand nine hundred and ninety - three, and of the State the one hundred and thirty - fifth. N . . .......... Ism GOVERNOR S a0jw Z EA -,L/ PROCLAMATION 1993 MINNESOTA MANUFACTURING WEEK October 18 - 22, 1993 WHEREAS, manufacturing employs one out of every five off -farmworkersinMinnesota; and WHEREAS, manufacturing has the largest total payroll o angpyfy sector inMinnesota, and the second highest andeaveragewa •g g WHEREAS, manufacturing produces $19.8 billion for Minnesota's economy which is the largest single share (2Y %) of our gross State product; and WHEREAS, manufacturing exports brought nearl ,$6.7 billion State in 1992; and g y n into the WHEREAS, manufacturing businesses within the City of Maplewoodcontributetothefinancialstabilityandhighqualityoflifeinourcommunity;and WHEREAS, some of the leaders in the manufacturing industry arelocatedwithintheCityofMaplewoodprovidingemploymentopportunities forresidents, enhancing the City's commercial property tax base, and contributingtothewelfareofthecitizensthroughcommunityservice. NOW, THEREFORE, BE IT RESOLVED that the City Couzl of thCityofMaplewooddoesherebyproclaimtheweekoOctoberf18throughOctober22, 1993 as 1993 .MINNESOTA AL4NUFACTUpiNG WEEK inhonorandrecognitionofthecontributionsmadebMinnesota' industries.y s manufacturing Mayor Gary Bastian AGENDA NO. F -1 AGENDA REPORT TO:City Manager FROM:Finance Director , RE:APPROVAL OF CLAIMS DATE:September 20, 1993 It is recommended that the Council approve payment of the following claims: ACCOUN PAYABLE: 1 Checks # 1385 thru # 1458 Dated 9 -1 -93 thru 9 -15 -93 287 Checks # 11107 thru # 11235 Dated 9 -27 -93 1,793 8.62 Total per attached voucher /check register PAYROLL 204 Payroll Checks # 36348 thru # 36714 dated 9 -10 -93 46 Payroll Deduction check #36719 thru 36734 dated 9 -10 -93 250, 666.44 Total Payroll 2 GRAND TOTAL Attached is a detailed listing of these claims. lz Attachments FINANCE/APPRCLM.AGN VOUCHREG CITY OF MAPLEI+ OOD PAGE 1 1 2 FOR P 0+ 3 4 5 CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK f s NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 8 1355 320500 09/01/93 GROUP HEALTH INC. o SEPTEMBER 1593 PREMIUM 3,.491 i i 9 SEPTEMBER 1993 PREMIUM 12,800.40 1' 10 11 12 1 386 530100 09/01/93 MEDI CA CHOICE SEPTEMBER ti. SEPTEMBER 1 993 PREMIUM 2 9 1; 1. 1! 11 13 14 P R SEPTEMBER 1993 PREMIUM 6Z 15,3'9.73 1'f 15 SEPTEMBER 1993 PREMIUM 777.00 18,744.95 11 21 16 17 1357 18 G 184100 55iioo 09/41/93 09/-01/93 D.C.A.,INC. MN MUTUAL.LIFE INSURANCE SEPTEMBER 1993 ADM FEE 283.24 r 3 283.20 2; 2, 2 19 20 SEPTEMBER 1993 STATE19-civ I SEPTEMBER 1993 STATEMENT w . t, 475.10 21 21 21 SEPTEMBER 1993 STATEMENT 874.84 2'. SEPTEMBER 21 22 1993 STATEMENT E 2c 23 24 1389 501400 09/01/93 MADISON NATIONAL LIFE SEPTEMBER 1993 STATEMENT 2, 1.06 T 2 3.96 3, 25 26 1390 1 ZO 325 09/01/9 3 CELLULAR ONE PHONE CHARGES 7/ 16 - 8/15 347.06 1 347 .Oa 3 27 3l i f i 11: ! !'Y.# - I' T i m s t r^• i i r c v r PRODUCTIVITY 2 3f28 J .r L I F i / L7 L. n r 3i 29 30 1392 541404 09/01/93 MINN. STATE TREASURER STATE DRIVERS LIC FEES PAYABLE 653.00 3f 658.00 3 ` 4(31 32 1393 541400 09/01/93 MINN. STATE. TREASURER MOTOR VEH LIC FEES PAYALBE 25, 042.39 5, G4 .39 41 33 1894 410160 0902i93-K & i CATERING SENIOR 4 4434 36 1395 450121 09 /02 /93 L.M..H.R.C. LUNCHEON TRAVEL & TRAINING i99.50 30.00 45 48 30.00 47 48 37 38 1396 120325 09/42/93 CELLULAR ONE TELEPHONE 71 .5$ 49 71.55 50 39 0 MINN STATE TREASURER 515 52 4040 41 42 1395 541400 09/02/93 MINN. STATE TREASURER STATE DRIVERS LIC FEES PAYABLE MOTOR VEH LIC FEES PAYABLE w 20 947 53 54 20 ,829.00 55 56 43 1399 44 110065 09/03/9 C.C. SHARROW CO. INC.SUPPLIES — VEHICLE X50.94 57 45 SUPPLIES — VEHICLE 549.28 58 840.22 59 60 4 1400 47 661750 09/03/'93 NORTHERN STATES POWER UTILITIES 1830 41783.47 61 62 48 UTILITIES. 2659 135.92 63 50 UTILITIES 95 27; .66 65 66 51 UTILITIES 741 9 » 96 67 U T r L r 1 68 52 53 v,.. -- —0 0 IS UTILITIES 1080 445y 135 . 66 69 70 54 UTILITIES 1401 178,33 71 5UTILIT IES 1944 x.09 .34 74 UTIL I I TES 1985 389.77 75 JL-- TIES -2146 16 / VOUCHREG CITY OF MAPLEWOOD PAGE 2 Y 2 FOR PERIOD 09 2 3 3 4 4 5 CHECK VENDOR CHECK VENDOR ITEM ITEM 5 CHECk: s NUMBER s NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 8 7 8 UTILITIES 225 0 1 .71 o 9 UTILITIES 2345 11.40 11 r 12 10 2740 24 13 11 12 1401 10145 09/03/93 BUILDING COORINATORS, INC.RELEASE OF ESCROW PARTIAL 250,000.00 14 250 000.00 15 13 14 1402 1 1 ' 0400 09 /03 /93 DEFT, OF NATURAL RESOURSES DNR. LICENSE FEES PAYABLE 101.00 101 .00 18 15 1 090393 DEPT. OF NATURAL RESOURSES DNR 1 9 20 16 17 1404 to 541400 09 MINN. STATE TREASURER LICENSE FEES PAYABLE STATE DRIVERS LIC FEES PAYABLE T- 811 76 21 22 811 23 24 19 20 1405 541400 09 /03/93 MINN. STATE TREASURER MOTOR VEH LIC FEES PAYABLE Z9, 186.Z2 Z9, 26 21 TRA N 2 , 28 22 1 ING 468.00 468. 00 29 24 1407 410485 Uri+ /07/` 3 KENCO CONST.REFUND ESCROW GRADING REC x_'+1 , 000 .00 3 25 At'}-I N G -' ' r. ` -** r_ ti __,z _r,t: 32 33 26 27 1408 110075 09/07/93 C H HOMES REFU GRADING ESCROW REC 6531 19000 . 00 34 35 36 28 29 1409 30 350975 Uri /07/+ 3 GONYEA HOMES 6531 REFUND GRADING ESCROW 4,000.c0 11004 . 11 37 38 39 31 E $-- - GRADING - E f +r - t O W -- -- -40 41 32 33 1410 541400 09 /07/93 MINN. STATE TREASURER STATE DRIVERS LIC FEES PAYABLE 733.50 42) 733 43 44 34 1411 35 541400 09/07/'x:3 MINN. STATE TREASURER MOTOR VEH LIC FEES PAYABLE 20, 513 .85 45 0, 513 .85 46 1412 042200 Q9iQT/9;3 ASSOCIATED BUREAUS, INGis FEB &. MAR -9;3-- COL.L i 47 37 AGENCY SERV z .00 49 38 1413 39 080475 09/07/93 BLUE CROSS BLUE SHIELD REFUND OVERPAYMENT AMA: ACCT 43.00 50 43,00 51 40 1414 41 80250 09 /07 /93 ZARR MYROhi REFUND OVERPAYMENT AMB ACCT 185. 52 53 185. 54 42 43 1415 3zQ;i5Q 09/08/93 GRAF, DAVID SEVERANCE PAY CHECK 9/24/93 P R 4 H 4 7.26 5744 45 1416 490750 09/08/933 LYONS, ELEANOR REFUND OVERPAYMENT AMB ACCT 104.71 58 104.71 J91 4s 60I 1417 a 014F5 0 /c =i' r3 BRUEN WILLIAM H.CONSULTING AUG i+:i,'Sc.S 61 1 62 48 POWER I-L. I-T I C S 2 i T _ - - - --3 i 64 49 So 51 UTILITIES 707 UTILITIES 154 UTILITIES _ i 6 0 3,31 3.31 T• 165 66 67 68 52 531 UTILITIES 226 4 3.:,1 69I 54 UTILITIES 197 3 . 1 i7ll I ! T toy-1 72 56 UT 2050 12.75 73 57 UTILITIES IL902 15.33 1 11TT T 1 TT4- - -1 r'r •1- -r .; - -- -_ - --7f, j VOUCHREG CITY OF MAPLEWOOD PAGE 3 ' 09/17/93 4 0 ;-15 --Y-U G H E I fE: - R EG ET+- _8 1 FOR PERIOD 09 1 3 3 4 4 CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK` 6' s NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT 7 1AMOUNT7 7 UTILITIES 1695 1, 199.42 9, 10 8 UTILITIES 2101 718 11 9 LjT-fl &1LTIES !99 TO o 12 1310 11 UTILITIES 4104 8.76 1, 12 UTILIT IES - 2575 20.55 1 15 16 13 1419 14 741331 09/08/93 RAMSEY COUNTY CONTRACT PAYMENT, PROD. 89 -04 4 4 , 14 4 .3 17 18 67 612 067.54 19' 15 20 16 14ZO 17 541400 09/08/93 MINN. STATE TREASURER STATE .DRIWERS LIC FEES PAYABLE 897.25 897. 22 23 18 .- TREASURE MOTO VEH LIG FEES PAYABLE r.rti 24 19 25 26I20 1422 230200 09/08/93 EI CC LEASE PAYMENTS 30, 31 , AND 32 181.10 27 21 25LEAPAYMENT i . 4 t .28 22 7 LEASE PAYMENTS 30,31 3Z 362.77 3023 LEASE PAYMENTS 30 31 , ACID 3Z 495.30 31 24 6 0 AND 3 c 3 . 4 1 32 25 3 13.1 -1 -- LEASE PAYMENTS 30,31 AND 32 275.30 33 34 2s LEASE PAYMENTS 30,31 , AND 32 798.98 35 27 LEA PAVM-36 28 7 ,r2-2- 02 37 3829 1423 230900 09/08/93 EASTMAN KODAK: COMPANY APRIL - JULY MIN BILL & USAGE 171.73 39 30 U 40 31 APRIL - JULY MIN BILL & USAGE 344.03 2432 33 APRIL - JULY MIN BILL & USAGE APRIL - jULY MIN USAGE X469 . 71 r 43 44 34 APRIL -- JULY MIN BILL & USAGE 261.07 45'I 46 3s APRIL - JULY MIN MILL & USAGE 757.69 47 36 48 37 49 38 1424 661T50 09/09/93 NORTHERN STATES POWER UTILITIES 83.39 50 51 39 154 52 41 UTILITIES 8.99 54 a ' UTILITIES 109.30 55' 42 56' 43 UTILITIES 131.48 58' 44 UTILITIES 92.84 59 45 liTIi Y .60 46 UTILITIES 149.48 62 a7 UTILITIES 136.81 63' 48 12 6 4 sa as UTILITIES 15 131.99 65'' 66 50 UTILITIES 94.04 67 51 r 52 UTILIT 86.62 69 7053UTILITIES168.92 i1 54 U T I L I T I E SS 168 72 55 UTILITIES 164 73 74 56 57 UTILITIES 168.70 157 w 7? 75 76 VOUCHREG CITY OF MAPLEWOOD RAGE 4 2 FOR PERIOD 09 3 4 a CHECK: 5 VENDOR CHECK:VENDOR ITEM IT EM F CHECK f NUMBER s NUMBER DATE DAME DESCRIPTION AMOUNT AMOUNT 7 8 1425 9 531650 09/09/93 METRO WASTE CONTROL COMMISSN MINN. SEWAGE TREATMENT 171,475.00 c 171,475.00 , t1; 10 11 1427 541400 09/09/93 MINN. STATE TREASURER MOTOR VEH 1 229289.45 1't2 259.45 11 14 1425 510100 09/09/93 MAPLE LEAF OFFICIALS ASSN.FALL SOFTBALL OFFICIALS 7 7,9$7.50 15 14 1 09/0924,93 GOURIER DISPATCH GROUP lNG 21 16 67. 18 1430 722200 0 9/ 10 / 9 3 PERA PAYROLL DEDUCTION 11,670.98 2; PAYROLL DEDUCTION r r-2i 19 2'. 20 1431 21 843320 I10/93 STEMPER, ,JOHN MARY REFUND GRADING ESCROW 000 .QO 000 - 2' 22 1 2 23 1432 14;3 3 021190 091440 09/10/93 09/10i93 AMERICAN ESTATE HOMES INC. BROWN AND GRIS 114Go REFUND GRADING ESCROW REC 6572 GONT 1 1 , 000 .00 T 3' 26 1434 27 091440 09/ 10/93 BROWN AND CR IS, INC. AGTS PAVkBLE RETAINAG-E, CONTRACTS PAYABLE- RETAINAGE 4 50i. X109 3;13' 500 00 3E 2$ 1435 29 520575 09/10/9:3 SMITHSONIAN INSTITUTION PRESS BOOKS 20.20 3i c0.c:0 3E 3 4C 31 32 T E;S 2" 3 UTILITIES 613 16 7.40 a141 33 UTILIT 61 16. 76 4 44 34 354EUTILITIES163528.2 w 4V 36 UTILITIES 1750 7.15 47 37 1 38 UTIIES 1825 7.40 5a 39 UTILITIES 1545 UTILITIES '- 270.90 r 51 52 40 41 UTILITIES 1940 571.37 53 42 UTILITIES 2001 55.31 5a 55 r, ,56 43 44 UTILITIES 2133 7.18 5 58 45 UTILITIES 2401 29.45 1, .35 59 60 46 14:37 47 540.575 09/10/93 SMITHSONIAN MIGRATORY BIRD CTR BOOKS 5.00 61 00 62 48 14;3 8 190400 0?/10/98 DEPT,—OF NATURAL r-GNG1L CCES a A V d >c t c 63 64 49 51 1439 541400 09/10/93 MINN. STATE TREASURER t zL. ,3 STATE DRIVERS LIC FEES PAYABLE fL,....... 982.00 65 66 982 . vita 67 68 52 53 1440 541400 09/1 MINN. STATE TREASURER MOTOR VEH LIC: FEES PAYABLE 0, 132. 69 0, 1 70 54 1y'"3i` - Y".".7/'l i"IYl T C G tPREMIERBANKL'Tt'f•72 56 F.W.T. 9/10/93 c:3, 1c.iS a 57 FICA CONTRIBUTIONS 9/10/93 P/R 9 41,019.64 75 716 1/ VOUCHREG6 CCITY OF MAPLEWOOD P 1 VV R- KK% . PAGE 5 2 FFOR PERIOD 09 4 5 CHECK VVENDOR CCHECK VVENDOR IITEM N ITEM CNUMBERNNUMBERDDATENNAMEDESCRIPTION I AMOUNT A CHECK 7 8 1442 6670975 009/13/93 OO'CONNER, CHRISTINE A. RREFUND OVERPMT ON AMB310905 -50 . 00 550.00 144:3 88 06. 0 23 !92- -97 TT . R Vi F a S (J P P L V G 0 .CLOT4ING 99. 88 RRE RE 12 1444 5541400 009/13/93 MMINN. STATE TREASURER SSTATE DRIVERS LIC FEES PAYABLE 5546.25 5546.25 13 1445 5541400 009/13/93 MMINN. STATE TREASURER -MOTOR VEH LIC FEES PAYABLE 226 2 6 1446 99417-06 •9 HHERITAGE BANK -US SAVINGS BONDS 8 ---&-9-140 RR87. So . 7 1447 K980700009/14/93 L K9 PROGRAM SUPPLIES 224.12 9 T TRAINING .1 SUPPLIES EQUIPMENT 12,75 2 99 U P P Ll ES--E4LLW*E N T 3 OOFFICE SUPPLIES 75 4 PPUBLISHING 1.71 5 111CL: SUPPLIES 12040 7 SSUPPLIES EQUIPMENT 22.40 g'-FF4- G. E S U IIn 66 FILM DEVELOPING. 44.52 MAINTENANCE MATERIAL 3 Z1-26 3 3 4 PROGRAM SUPPLIES 44 3 SSUPPLIES EQUIPMENT 44 4 S-AiTW. L 1 E 9 E Q U UE i', 1 44 1448 55,00427 009114/93 MM.G.F.G.A. T PROGRAM SUPPLIES 42.00 1 4 TRAVEL TRAINING 1 A 1%Jw 0 4 4 A 554140.0 44/93 --MINN. TTATE TREASURER -STATE DRIVERS LIG 1 51 1450 5541400 009/14/93 MMINN. STATE TREASURER MMOTOR 1 55; 5: 1451 TT80525 009/15/93 SSALLY DISTRIBUTORS INC. PPROGRAM SUPPLIES 59.78 9 5( 5E 1 5 2 6 Z- Je A tt% 0 1 1 fj 5NDRIVERSLICENSEOFF-IGE IIRAVEL IRAII-MING 990.00 6 5f 1453 7762550 009/15/93 RRUTTGER'S BAY LAKE LODGE TTRAVEL TRAINING 7750.35 2 61 6 1454 1120325 009/15/93 CCELLULAR ONE TTELEPHONE 112.41 6 64 PERSONAL PHONE CALLS 443.15 6 66 T 68 TELEPHONE - _ 66s VOUC:HREG CITY OF MAPLEWO D PAGE 6 1 VOUCHER/CHE-W REGISTER 2 F is R PERIOD 0 9 3 4 CHECK 5 VENDOR CHECK VENDOR ITEM ITEM G CHECK E NUMBER s NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT E E 7 1457 8 541400 09/MINN. STATE TREASURER STATE DRIVERS LIC.759.25 759.25 9 MINN TREASU 1 1; 10 13 1; 11 12 11107 010075 09 /27/93 A-1 HYDRAL IC SALES SERVICE REPAIR & MAINT /VEHICLE Z 1 26 1. 13 11108 14 15 lii09 01OZ90 010474 09/Z7 /"93 A.K.R.W.PROGRESS PMT ON COMM CTR 9 9 .08 11 1t 2112'16 17 11110 18 01057 5 09/27/93 ACE HARDWARE MAINTENANCE MATERIAL MAINTENANCE MATER 327.00 24' 2; 2 t 9 20 SUPPLIES — EQUIPMENT 321 .97 2! 1 2E 21 21 2£ 22 z3 4 SEPT 93 PAGER SERVICE w 1 .0 7 + . 1 3 24 31 r OZO-700 09i27/-93 ALBINSON MAP BOOK - WATER 3' 25 SYSTEM a 6 4 48, 3 26 27 1111 G 1 1'90 09/27/93 AMERICAN ESTATE H INC.REFUND GRADING ESCR 1 , 000.00 34 3E 3E 28 37 29 30 11114 021440 09/27/93 AMERICAN PUBLIC WORKS ASSOC.REPAIRS & MTNCE. /EQUIPMENT 533.:33 38 533. 39 40 31 11115 030660 09/27/93 ANIMAL CONTROL SERVICES, INC..AUGUST 1993 SERVICE Z 48T . T9 41 4$732 7'9s 42 33 iiii6 040915 r ARNALS AUTO SERVIG&REPAIR & MAI 11GLE 43 44 34 35 REPAIR & MAINT /VEHICLE 23 647.11 45 58 .40 46 36 F 0 i 15 0 OF ESCG 47 48 37 38 REFUND OF ESCC RO W 460.00 77.1 527.16 49 5 39 51 52 40 41 SUPPLIES - VEHICLE 140-56 53 42 SUPPLIES - VEHICLE 17Z w X34 54 362.34 55 56 43 11119 44 070500 09/Z7/93 BERM, LOIS TRAVEL TRAINIhIG 5. 5 _ 57 58 45 VEHICLE ALLOWANCE 37,31 42-56 59' 60 46 11120 47 071100 09/x.7/93 BERWALD ROOFING CO.REPAIR & MAINT /UTILITY.1 1 x'54.00 61 62 48 63 49 0 SCHREIER LITIGATION r - 64 65 50 11122 090573 09/Z7/93 BRAUN INTERTEC ENGINEERING, INC x FROG PMT COM CTR 7,930.00 66 7 6751 68 11123 53 101350 09/27/93 BUILDERS SQUARE SMALL TOOLS 38.2 69 3S . 1 79 54 +l.7.. i 55 i" F ' T " w "'' `7 ""_ _ '09 /27/93 B V E G 1 V ST'7TrTTT f." -'- ^'.PROGRAM -53 U R P L- I-E S- -t *3-. 71 3 0 f _ 171 73 J56 111: 57 110450 09/27/93 CAR X REPAIR & MAINT /VEHIC.LE 74.55 74.55 75176 VOUCHREG CITY OF MAPLEW OO D PAGE 7 2 FOR VOUCHER/ PERIOD 09 2 3 VOUCHER/ 3 4 4 5 CHECK VENDOR CHECK'VENDOR ITEM ITEM 5 CHECl 5 NUMBER 6 NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 8 7 11126 114470 09/27/93 CARLE, JEANETTE VEHICLE ALLOWANCE 26.52 9 108 9 TRAVEL TRAINING 4. 25 30 . TT 11 12 10 11 11127 130400 09/27/93 CHAPMAN, JUDITH REFUND - SOCCER 20.00 13 20.00 14 12 15 16 3 17 5 11129 5 131450 09`/27/93 CITY BUSINESS SULK TO CITY BUSINESS 49.00 18 49 .00 19 20 6 11130 7 140600 09/27/93 COBRA,INC.MAINTENANCE MATERIAL 93.03 93.03 22 ill ilsoi 5TF 09/27/93 COLLINS ELECTRICAL 23 9 1 25 p 11132 170160 09/27/93 CURT'S SONS RADIATOR REPAIR REPAIR & MA /VEHHICLE 150 . 00 26 150.04 27 28 3 11133 1 S 01 10 09/27/93 D. C. A.DENTAL CLAIMS 1 , 3 7 4.0 0 29 1, 3 7 4 . 0 30 4 111a4 ieoi_35 09/?;793-D*P.*MaAik DPf4A ANNUAL MENBU 31 32 5 00 33 06 1 11135 180800 69/27/93 DALCO SUPPLIES EQUIPMENT 101.18 34 101.15 35 36 8 11136 180900 09/27/93 DALEY, FAT AUG 93 PLUMBING INSPECTIONS 11714.00 37 38 10 AUG 93 PLUMBING IN 2,142.50 39 40 11 2 AUG 93 PLUMBING INSPECTIONS 113.00 41 1 42 3 111:37 113 18113 2 A-9/2-7/9-9 DAVIS LOCK .. iS. SAFE SERVICE CALL 43 t 44 14 5 LABOR 10.00 46 16 SUPPLIES - EQUIPMENT 205.T6 r 47 48 r. 49 8 11138 9 190044 09/27/93 DEB I L7AN JUDY VEHICLE ALLOWANCE 10.92 50 to .92 51 52 0 111 230675 09/27/93 EAST SIDE CARQUEST y SUPPLIES -VEHICLE 9. 30 54 2 SUPPLIES - VEHICLE 25.13 34.43 55 56 3 1 1140 3 •250.0 49 /27/93 EVERGREEN LAWNS APPLICATION OF LAWN CHEMICALS 114 57 4 00 58 5 110.00 220.00 59 60 6 11141 7 270250 09/27/93 FLEET TECH SERVICE CORP. REPAIR MAINT /VEHICLE 138. 61 62 REPAIR & MAINT /VEHICLE 164.35 302.95 63 8 64 9 11142 290520 09/27/93 FULLER, JOHN REFUND - SOCCER 15.00 15.000 66 11143 2 9 0 6 5 Q n9 1 7/9-3 FU 'c eatat.HONORAR ,n 68 2 3 11144 4 3O 900 09/27/93 GLENWOOD INGLEWOOD AUG /SEPT 9 3 COOLER RENTAL /MAT 80.50 70 SO.50 71 72 5 11145 6 310710 09/27/93 GOPHER STATE ONE -CALL,INC. PAGERS 63.00 63.00 74175 7 3- 1 -0-7 -3 Q ...:..c. G A it C D _._._. --_ ____.___-__._._.__.___A.r.. nip r.._ra Y hl r.n_76 VOUCHREG CITY OF MAPLEWOOD PAGE S 6 09i!7/93 10:16 V H GHcC -K-- T'E STE R 8 t FOR PERIOD 09 2 2 3 3 4 4 CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK 6 5 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 6 8 8 SUFI FOR GOVERNING T 9 .00 18.00 9 9 11 12 10 13 11 11148 330325 09/27/93 HANSON, JERRY REFUND - SOCCER 20.00 14 20.00 15 12 16 13 11149 14 350960 09/Z7/93 HOLMAN, JAMES REFUND.- SOCCER 25.00 Z5. 1 19 15 2C 16 2 - 7448.00 21 17 11151 t e 370076 09/Z7/93 HUGHES & COSTELLO LEGAL SERVICES 243.40 22 x:43.40 23 24 t9 11152 370100 09/27/93 HUTCHINSO N, ANN EXAMINATION & MEDICATION 54.13 220 PROGRAM SUPPLIES 32.47 86.60 27 21 2e 22 11153 390100 09/ZT/93 INDEPENDENT SCHOOL DIST. #626 PROGRAM FLYER ZZ.3023 24 PROGRAM FLYER 22.70 31 32 25 26 PROGRAM FLYER 2;:Z . 74 33 34 PROGRAM FLYER 70 113.54 35 27 3 28 11154 400600 09/27/93 J.MARCEL ENTERPRISES UNIFORMS 564.24 564.24 3829 30 F. 31 9 0 TEM r,SERVICE MGR 39 40 41 32 11156 42024.5 09/27/93 KLEMM, ROB REFUND - SOCCER 15.00 42 15.00 43 33 44 34 11157 430420 09/27/93 F:NOX LUMBER MAINTENANCE MATERIAL 152.72 152.72 4635 36 i i 15:8 rz r cr Y C Q 47 48 37 PROGRAM SUPPLIES Z68-2Z 938.3 5038 39 i I i159 4150120 09 /;ZTi9;3 L. M. G . . 1 T.T/l/93 - 7/1/94 WORKERS COMP 341 -7119 51 52 40 41 42 iii6o 45 143 0 09iZT93 m LANDMARK, lNG. INSURANCE REFUND ON GRADING ESCROW A.. -6-0 35, 233 ..75 1 70 54 55 43 44 11161 460541 09/27/93 LEAGUE OF MINNESOTA CITIES 1993-94 DUES 11 57 58 1 1 ,x53 .00 59 45 60 46 11166 480.696 09/27/93 LOTUS CUSTOMER SUPPORT LOTUS PROMPT MEMBERSHIP REGIST 129.00 129000 6247 63i 48 . 49 F r '"•N=-R- C SIGN S S ^ _ _ _641 65 50 11164 5004Z5 09/w7/93 M.E.H.A.TRAVEL TRAINING 30.00 66 30.00 67 51 68 52 111:•5 r.501225 r.09 /27/9 r,MAC: QUEEN EQUIPMENT SUPPLIES - VEHICLE 86.68 69 7053 54 SUPPLIES - VEHICLE 445.44 532.1 71 72 55 111 6•501520 09/ 7 ' M A Z E R S T E W A R T & ASSO E N G i F F R U J 93-0 .__.._.__.- .---- -_____ ._____ __7 73 T7.99 7a56 75 57 RI 1 4 n .- 1 Q 2 e R R rb4- ,- .- - .- .-- r1J -Q 12 c' P A I&.rm . I h! S.1~.1C ' .!_,111J...Et1l- I- . - - - -- _ __------ _..---i_- - - -- ----------76 0 lb 10 a 4b VOUCHREG 9917/ CITY OF MAPLEWOOD li i .1 iCR 'T7 t C t • 1.' Cti C f_- ? r` T PAGE 9 8 2 3 FOR PERIOD 09 2 3 4 4 CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK; 65 NUMBER 6 NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 8 7 PC REPAIR 95.85 9 21127.24 10 8 9 11168 0 MG60UGH INC SNS 11 12 10 11169 12 5` 0500 09/27/93 MENARDS PMT - `T CHEMICALS r 83 .92 w 13 14 15716 13 14 11170 530560 09/27/93 MERIT CHEVROLET SUPPLIES VEHCILE 10.63 17 18 10.63 19 15 O 11171 17 540085 09/27/93 MIDLAND NURSERY INC.TREE PLANTINGS PMT #2 24,664.00 22 TREE PLANTINGS PMT #2 23 9 662.00 2312418 PLANT MT # 2 1319 20 JREE TREE PLANTINGS PMT #5 26 21 TREE PLANTINGS _ PMT #2 10., 188.00 27 TREE !?.1PLA PMT .__4,F nri c 28 22 TREE PLANTINGS PMT #2 1 1 , 2 33 .00 3023 TREE PLANTINGS PMT #2 9 81,776.70 31 24 32 25 11172 542400 09/ Z7 /93 MINNES RECREATION 9 GIRLS YOUTH SOFTBALL 340.00 340 «00 3426 35 27 7 36 28 37 29 1117'4 5700' 0 09/27/93 MOGREN BROS.BALCK DIRT 1:33.1 36 39 30 40 31 MAINTENANCE MATERIAL 74.26 7-74.43 a232 43 33 M !NVESTA SERVICE 44 34 35LEGALFISC:AL 4 937.60 46 LEGAL FISCAL 2 8 47 36 48' 37 11176 610400 0'x/27/93 MUNICILITE CO SUPPLIES - VEHICLE 167.84 167.84 5038 39 S 51 52 40 53 41 11178 42 630080 09/27/93 NTX COMPUTERS SUPPLIES - EQUIPMENT EQUIPMENT OFFICE - 21.30 4 2 1 8 5 5 551 56 43 as EQUIPMENT -- OFFICE 3 6,812.81 58 45 11179 6408015 tY.C'.L? R M A 59 60 46 47 11180 48 640807 09/27/9 NERUD, DAN REFUND - SOCCER 20. 00 61 62 20 63 64 49 50 11181 640950 09 /ZT /93 NIELSEN, ROBERT REFUND - SOCCER 20.00 20.00 66 51 e^c_ 1 1 r;r OXYGEN 70 67 68 52 FINANCE CHG - OXYGEN 1.4 78. 23 7053 71 54 jANIT 14.86 72 55 56 SUPPLIES - EQUIPMENT 8.80 73 23.66 74 75 VOUCHREG CITY OF MAPLEWOOD PAGE 10 i-% i-A 4 %jz4f i7/93 10:15 v r FOR PERIOD 0 CHECK VENDOR CHECk.VENDOR ITEM ITEM CHECK NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 11185 680600 09/27/93 OCTOPUS CAR WASH CAR WASHES 97.50 CAR WASHES CAR 15.00 I 111 r"•S3 141 f WASHES CAR WASHES h r 15.00 142.50 S n 1 1 OIVTAT! 7 R 4 0 1118T 691800 09 /27/93l OSWALD HOSE & ADAPTERS PURCHASE OF HOSE 15, 277.43 1 5 s 277.43 11153 692£00 09/27/93 OXYGEN SERVICE MAINTENANCE MATERIAL 32.91 32.91 1 i r i I PUBL SH1146 T C T i A tPILNEWSLETTEtt10N 11190 711500 09/27/931 PHOTOS TO GO FILM DEVELOPING LM 5. Cis F DEVELOPING PHOTO DEVELOPING 5 .04 4.12 FILM DEVELOPING 4.12 r r r 111 711065 09/Z7/93 f PIONEER PRODUCTS FILM SIGNS & SIGNALS 14$7. T,..,.. -.. 1 11192 71 •1 1 1 09/27/931 PLAZA TIRE AND SERVICE INC JOHN REPAIR MA INT /VEHICLE REFUND 357 .9c0 357.98 11194 7ZO76 0 09/27/93 BUSINESS SYSTEMS SOCCER SUPPLIES OFFICE 270.02 270.02 11195 T41200t12a 09/27/93 i O iRAINBOWFOODS PROGRAM SUPPLIES 27.52: MISC. COMMODITIES PROGRAM SUPPLIES 34,81 11196 741300 09/27/931 RAMSEY CLINIC PRE — PLACEMENT EXAM 50-00 2 50.00 11197 741331 09/27/93 RAMSEY COUNTY SUPPLIES — OFFICE 224. SUPPLIES — OFFICE 112.33 SUPPLIES OFFIGE TF POST CARD MAILINGS FEG -.MAY SUPPLI VEHIC 5.07 474.39 1 1199 750900 09/27/93'RENTAL EQUIPMENT AND ;ALES CONCRETE 29 132.06 82 132.06 11200 t 750950 6 : 09 /27/93'R I CC I , THERESA i REFUND -- SOCCER 15.00 15, i i t o 7 9 X 06 2 .t TTY S E V I L L E R A D OR 1 1 C G I CL r7 '- M E l T 2 = 2 55 -- -- 11202 780:300 09/27/9:3 S&T OFFICE PRODUCTS INC.SUPPLIES — OFFICE 74.::x. SUPPLIES - OFFICE 153 . 53 SUPPLIES — OFFICE 15.14 Jj yna?cw »rarwn- me•nR w. Vr UC:HREG 6 CITY OF MAPL.EWOOD T' PAGE 11 1 r •t 44 - - •rte-/ i -- --ci5 v r , 1 i r H >r• r t'- T u H"R C CK — E G I S T E R 1 2 FOR PERIOD 09 ~ 1 2 3 3 4 4 CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK 65 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 6 8 7 SUPPLIES - OFFICE 161.20 08 SUPPLIES — OFFICE 3 11 Of=f—:I -CEE 1310 SUPPLIES — OFFICE 4 427.21 14 11 6/ 90/93 15 13 14 11204 I T80402 y. 09/2 ? /93 SRS OFFICE PRODUCTS SUPPLIES w OFFICE 31.31 17 18 19 15 3 20 16 17 11205 18 780545 09/27/93 MARIAN SALO REFUND — SOCCER 20.00 21 - 22 20.00 ,3 24 19 11206 20 21 1 1 2 f T. 790125 s 09/27/93 y SCHLUE 9 DAVE REFUND — SOCCER 2 .Ott 20DD 26 27 28 22 23 r _ COPIES OF RECORDS 4.50 4 7.50 30 31 24 r P 32 25 26 PROGRAM SUPPLIES 5.52 16.71 34 35 27 117:09 340 or3 0!q 7 r OTHE u - -. t t1 Q """TJ w 36 28 37 381 11210 840800 09/27/93 ST.PAUL RAMSEY MEDICAL CENTER AMBNULANCE SUPPLIES 4 49627.97 39 30 40 31 11211 X343200 09 /27 /93 S`CEFFEN SCOTT TRAVEL & TRAINING 149.1432149.10 4 dal 11212 3- 5 F - 5 1 t ! 5 T 1^ r4 34 3' A t 45, 46 11215 36 543575 09/27/93 STREICHERS GUMS UNIFORMS & CLOTHING 1 t T Lt T 11 /.` 5'9 .53 A 2 •.r K 47! 48 37 UNIFORMS &.CLOTHING 10.16 5038SUPPLIES — EQUIPMENT 12.65 51 L 1 G 1p MEN T _ 40 41 42 r.DENNI q w rUF F L I ES EQUIPMENT RE 66 _ 74.18 53 287.53 54 55 56 43 57 44 I1 •,%15 551575 09/27/93 SYSTEMS SUPPLY 9 INC.SUPPLIES -- OFFICE 42.45 58 59 45 OFF I QE-11.1-l2w Era 20 6 47 11216 860080 09/27/93 T.A. SCHI FSKY & SONS,INC ASPHALT & OIL 1 62 1 9 263 .46 63 49 11217 560100 09/27/93 T.J. AUTO FARTS SUPPLIES VEHI.CLLE 36.47 6516650 SUPPLIES VEHICLE 16.68 F7 15..x.. c ..............r >e 52 69 53 1121 54 860305 09/27/93 T.J.T. - SHIRTS PROGRAM SUPPLIES 147.00 70 147.00 71 72 55 11219 860650 09/27/93 TARGET STORES -C:PC, A/R SUPPLIES JANITORIAL 98.27 73 74 5s OFFICE SUPPLIES 6.33 75 57 C 1'11 1 T p m lei Z _.. __ ___._ __2_111 1 •3 _ go r r r r r r r 0 0 0 0 i 0 VOUCHREG6 CITY OF MAPLEWOOD PAGE 1 ' r . -i -:-1 - -T--R- G I S off _ FOR PERIOD 09 z 2 3 3 4 a CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK 6 5 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 6 g 7 11220 s 9 561700 09/27/93 THOMPSON, MIKE REFUND - SOCCER 15 .00 15.00 s 1 10 11 11222 880675 09/27/9:3 TROPHIES UNLIMITED PROGRAM SUPPLIES 575.10 1,: 14 575.10 15 12 1E 13 11 14 880800 09/27/93 TRUCK UTILITIES M 1 .PURCHASE OF UTILITY BOX 61631. 02 6 li 1E 1S 15 ..rttTT !NCO i t Ck c l Y C - ' , JANITORIAL 2( 16 r 2 2[ 17 11225 882800 09/27/93 TWIN CITY TRANSPORT TOW 21.:30 2": 19 2` 20 11226 21 900100 09/27/93 UNIFORMS UNLIMITED UNIFORMS & CLOTHING UNIFORMS & CLOTHING 260.63 2E 2; 2( 22 23 24 , r i; 0 0 UNIFORMS E N A N GE MATERIAL 53.95 6 Z 2 394 .85 3( 3. 3, 25 SUPPLIES EQUIPMENT 3 100.37 236.69 34 26 3 27 VI 3E 28 UNIFORMS CLOTHING 274.45 3i 543.50 3E 29 30 i I ZZ9 91?;ioo 09i27/93 VIRTUE PRINTING SUPPLIES OFFICE-00 3f 4( 31 SUPPLIES OFFICE 739 it 11.31-a'e32 SUPPLIES - OFFICE 87.54 4: 33 1''t It:YG1 7 ES OFFICE 99 21 44 34 4E 35 112:30 9:31500 09/27/93 WALTER W CRIBBINS COMPANY PROGRAM SUPPLIES 84.1 4E 84.12 4; 36 4E 37 11231 38 39 x"50100 09/27/93 0 WONDERMAT CLEANERS PROMOTIONS CLEAN JUMPSUIT 4.61 4c 4.61 5( 51 5c 40 a' 1 1 33 960450 0 +/27/ 93 XER CORPORATION DUPLICATINGCATING CO TS -TONER 10 5 33 .2 =: 5: 45 55 42 sTDURLICATINOcsv w'Tit L' i ' r NS 1 02 5E 43 DUPLICATING COSTS -TONER 1025 95.94 5E as DUPLICATING COSTS -TONER 1025 26. 17 5 a5 DUPLICATING COSTS 1025 6146 DUPLICATING COSTS - TONER TONER 1025 71.84 415.35 62 47 48 6": 64Z;3 as Y OIL X139.37 65 FUEL & OIL sE5o FUEL & OIL 324.25 6, 898.62 67 51 6E 52 11235 980275 09/27/93 AUDTKE HOME BLDRS REFUND GRADING ESCROW 1 65 1 , 021.2 3 A53 54 Y 40 T 71 72 55 56 57 TOTAL CHEC - 73 1 , S " 2 75 76 i F # #...i .... U yf . LL 3 ' i 1...# SS }.... 3"7 R 1 ` I N +.«.° i }" `•# .r i • ` } « « A « !«_ A.f L» Y 1.«# ? l.» «• } ': PENT PAY PER.1"OD16 1 CHECK NUMBER CHECK DAN #' E D PAY EE AMOUN t 2 I 3 41 A•.i i"t »} r i + ! «} r F .•. +j {{,,. {{ .i i A {{ :i l } 5 6 YJJ QP-1,5 DALE CARL-SON 7 6550 yM lMY f Mi 0 ' 7.f GE ROSSBA 266. 27 9 0 11 12 3 b1... t z.. >w..f J i f _ } ?' r 3 F R 1 C 1... S k." s.? U } 's } 1 i L... 8 13 14 t »} } »} 3 6 a... tip,13 ? 10 f 9 3 7 I C ""A E L A 1 f.» U I R 15 17 18 t` } f ' } +»i = t' i;:s j ?` ` ..f ?1.. - "1 .5. #.... I.. »:"'}1..1I ' S * I - . P - 4 19 21 023 25 26 f « }s » 36 59 09 , 1 to ; 9 a D .. :. ... r 27 w ,•-•` 029 31 is 38 33 34 1."i 1 ti s w P I E K A P S -i 1 4.4 x i s«= 35 37 39 41 142 t„} f ^' !9 ?` 1 } «} ?` 9 3 1» F'7 P 1 EL FAUST t... ti 14 43 X44 LINDA Z I CK 45 47 148 5 ' i ^ }J fir} /,RICHARD `` t —t F ` i d' ,, :: wt1449 50 51 i}}« }..fir r'0_/ 101 A..A'•# K M1- i`iE` s 1 260. 20 52 0 ?' `' 4 t»,i A i "i G A 7 '= E i G I B S 101. 2 53 u. I551 09- i 0/93 BRUCE ANDERSONi57 i Z Z 4w 21 2' Z 40 2' 31 3 4w 3 3 3, 131 3' qw 3 T 4 la 4 4; 4: 40 4 4! 4! 40 4' 4! 4 41W 5( 5 5 ,' 5, 5 5,1 5 C i T Y 0 F fn A f-- L E W C 10 D Q j2 URFOSS EARNNIP,4GS Af,,4D PiAYROLL DEDUC-l'*'I-L--lJ%,,4 CHECKS 00. FOR THE CURRENT PIAY PIE R 1 OD CHECK NUMBER CHECK DA. ED P4YEE APIOUNT 09 1(CAROLE J Al",4DER'SON 5-176. 58 9 1 jUDY De-- -1 P.14 s +s Is 4 0 C-) 3 6% 5 7 7 0 9 10 9 3 LUC I LLE E A.URELIUs.: 0 -B E i Y D SEE -VO4-273 Y21 t -} r ` s. }1-v,,.L L— .L Hsi•'7 - I } • j 4 16 C-)09/ 10/1 921 L 0 1 - E-3 BE' H M 3-7,51 9 93 LCOP,41*%4 I E L KELSEY 6 6 2 4 00,3.J582 9 .L 0 92.1 BONNIE J 0 Ff t-.4 S 0 0-4 5 1 } «} 4 0 0 13 (--j 5 8 3 10 93 L U H RA 1 b-41E S 'IET--)-R I l! i2a 12 Q Q 16 Z L 3 C- AROL JAGOE 1 09 • 21 4 I 4 J L 4H!4,'E*-I"-FE E-- C R L 4 5 Bf SW--4DRA OLSON. C) i..4 6 1 IHR Y V., y 6 7. 2- 8 0 0 6 t 84 8 1-3 10 9 3 KENPAE-f H V C0LIL 1 NS A,4 E-k,} 036569 09/ 10/93,CAROB... E L R lU'H 1 E 1 5.44 6% 5 9 9:.:.;JOANNE M SVENDSEN 1 4 * 2" 59 1 ELA I 1---4E FULLER i3b twi 32 09 i 0 9al CAROL F i'YIAR-1 INSON 1 14-4,72 J I Q 4lfl-Hcfp--j y G- CA :ANESHI ROBtE-f-Vl*T D NEL-SC-IN 21 u f i =4 r 4 23% 0'036595 0.9 1 9.3 VERNON, T S'I"ILL 1 642, 10 E, 5 9 E,9 1 3 DONALD W SKAL.MAN 1, 9 5. 9 r~ H. H Y PI 0 ND i PIORELL i 1 G- 6 T M i.-3 0 0 36596 09: 10 93 S C 0 1 T L S-I'EFFEN 1 7 s.,.{ } ti.} w ! E t 0 3 DAVID L ARNOI D 1 9 JOHN J BANICK 4 0 1 0 9 10 13 s..1 jOHN C BOHL l 914, 2 00. 1 FOR THE W r : P E #'t4 f PAY PE R 1 OD 1 ' 61 X 5 r 71 8 00366 , 04 09 I AlW 11 13 15 16 i » } } »} E = E_ } » }a 17 18 »} , 19 20 3 10 21 23 125 27 28 00;6 t 14 029 31 032 3E 33 4W 35 37 39 41 I42 43 Er• : •• ,_• 451 47 491 51 53 54 16 b 55 156 f. 01 -3, 6 G 2 81 b4 C). 42 s...1... .... a .k} 0 +w• j s4. t 3 H O : M A {..1' J S .{. L..• Z E P S 7 t .i.YL..1 3r = '.r= r 10 0 i._.; it i } y } f 9 sws i...• A Bo M ? V W E L C H L I N f • j . s I CF t1 J ....•'t i + s1 r *51 1 0 9 3S D#- LL E R Z tK A Z OF F I }0.} t«?73 .. C 7 ? !"' }....'+.... F •• t F") Y .k } »} r =»t f } I L.: H H E L« J r i E } i B E t r1 f • .t, } » i S ' s»GRE !«. Y M F'7 ! '•i }....5 r a d 4 t...'EA KEV.l1 f i LWt :" G g + } .. } 5a 99 9 1 } »} f 3 D E P. } 's EL L "} sue. T0 C. K 0 t si i J 1 ' 3 s ue }L I ! •}» D } A R I S 6 - 4 0 i3 i t } f` ' 3 6I # E P H E N J H E I Psi Z 1 , r` 54 , 9 t `. r• } »} /''•f , t D M G R A F 5 5 EA swt Lw 1 ?.. 1 K ',r 1 f s i 's F"} B k». t 1 .i. } » ' sMs s. •• 3».. • 'f T«.. } s i "'= " 7 }.... 3} r } » i A+ f PLEwOOD EMPLOYEE GROSS EAW.-IINGS AND PAYROLL DEDUCTION CHECKS FOR THE CLIRREN'T PAY PERIOD o o 10 9 40 40 28 R 4w 34 AY, 37 39 40 rm-, C WILLIAM PIRIEFER 1 418. 40 o w 46 0036650 09/10/93 BRYAN NAGEL 1,28.80r| 1,39G.54 1,278.0V1-56 0036655 09/10/93 RONALD J HELEY 1,39G.54 1,278.0V G 1 Y OF MA L tl . W0O D EP }P ? EE G t - tO SS 3....A RN I NGS Ar Pi 7 t } Rt» t....f.... VEDUC • i " I O} 1...-HE[...`} 'sS 1 rl/ 6 CHECK NUMBER CHECK DATED PAYEE.AMOUN I.- 2 3 4 E i "t .#. C. t 't D 0 1W A L D 5 6 i _} .. . _+ _.,j _) + ! -} t . ' . » ` , 1,1 .L. }.. # "' 4' w 5.. #' y n s. °s , ' : J . t't l _} 7 8 t t s.w v.} 1 fit. } / 9 3 WILLIAM . C A t ..J s...; L«. a s...+ 10 t ,... {'wJ C-) 13 1 !w }!t `3 i %A1't4D1•4L L 11`tjDBL...P1 L..+ .t. ... +. a9 11 12 f » _ r t r r - + ` }y " }t: f "} _ =w "a1 JAME w! E A f"`1 13 15 16 w} s...} + + + L«r , ! t ,. r+t 3't r' ., s.r 1"w #••{. f.... 4ow 17 18 W 1 LL 1 HI' 1-•• R .{. "j3 ...i 4t 8!_ 19 21 22 w r_} t t art +..w} ! `1"'1 # »_ 1• E S H M E-. • 1 « s 23 24 0 0 .. % .+ l r«+t . R .f si s } »} 1 == L..t r ej 25 26 ROBERT D ODE G AR D i2 16 7072 27 28 r t _} i • ` 'j: A : ,L... O I wt J B . ) -- 4 i E R 41p 29 30 fit , _:,j.:.y;w tt "} ,.• r y wit_} 48 31 33 34 w} w} w »= :w +tom+ i w `: s= _t : ` ':1,U # #"'11.:.. R J #...{ 1 # ::.4 . A+( 35 36 i »_' t " s "_f" } " t =jf " t3 A +tA ti L sMts»ta }M} 37 38 s..J66+ I ,..a 09 10 !_ `33 ROBERTiT S AND L11254al..t..i 39 40 3F_ '3 I'• ) ! = t_ t DNN I S P L 1 r » }#...fRF I«i . 54,. L5 41 42 ti ~ t, ; t t ; t ;j 'h'u L H1'* b H1:w U'- t r l431 44 0 } w } s.:S i: 6 7 S...09/ 10/ = .w• 3 f.r' H l 17 E S W A l T S {.J i 7 I Q. 0 r lu to 45 46 r '•} at + + i `ffl #...# h" #' -, L. i•-•31"; :.x } «} i } 47 f =r . _} : r °' f js f =... , - t :.. t i " }F'}i 149 50 iw '.. }, 3 F r : !t 1 '•.. }!` _.:3 1#, 'A iT3--!..!,i 51f 521 t_ a .+ ..+ -- tS..tyw}tr.09 i 0!93 JAMES S1.w•! 1 I fi•FDL.»L...DI...C}'sE} i 53 54 cwt tL 8-4 i Y # H #~ 1 » 1 1 , #- :11`ll #.. I P.4 Gi E R s x 55 56 F_ E _" 2 y " } + i }. r =:. 3 M f iR,ti. a it, 4w 15C 51 52 40 53 54 55 40 56 57 C-11-Y OF- f%'_lPiLEWCCD t k_) b EllYIPLO'y'EE GROSta EIAFV-,P,4114GS Ai%,4D PA"YROLL DEDUCTION DHEC-`-S N FOR -FHE URREIl PAY PERIOD CHECP'. #QUMBER HE.(--'K DATED,PAYE E AMOU E. 8 21 09 f 1 C-) f 9 3 L E E Z*'33 IF C-1 i:-. R Z 1 Pli G E R 10 3 i--x 6 4 09 1 U 19 3 R i C H Q R 1) E ,"S 10 E 0 0 t.3 6- 6- 5 09/10/93 CRAiG MISKELL 0 0 3 6t:-1 tc--i 6 9 1 9:A3 JANE -f* M IS P. W flAYiNIAN al 3 JEAN NELDb b"A13. Mit.) f C) 3, E--,, 6% a Uzi 0/ 93 JUDI A HORSNE' L J V t« tp ca J d ij - j - 6IQ .A ill,41%4 E HU**i-C-.I-i A+ r f R! A MAL. y 9 1 KA*THLEEN M DOHERTY 1 220,. 40 0 f. _} 2 - , E, 9 2 9 / 10/ 93 MAR I E BAR TI A 414,72 4tEis6SI C VE3/ 10/ 93 ISKELLNANCYMi 1. 60 Q I'd .. »_ .._ » i»1 t.»Q 1 :4 15 1 YCE L L .1 V 1 CS S 1 -ON 1) 0 2; E. tn'f -10 93 S T 0 E " McG* C E YH.-R H L i P-.4 i iZff. 1 13 0 9 1 9 KtE-NNE TH ROBERTS b 9a 9/ 10/93 THOMAS G EKSTRAND 1 7C)IL). 52-11 r7lA3 i J1 R`E 0 S'oi 0 11 3670C)lJS#NICHOLAS N CARVER 1 475 . Gfl-) Q iJ L. f-I I j E R T J W E ! G E P,A 703 03 f 19.1 10 9 3 JROY G w" A R D 44b 4(d 1) 4 k-"-) 9/ 1 ko S4 Its J(--tLAS JU0L'5 7 -3. 91 D EDWARD A NADEAU 1 4 5 -7. i I u1j, Ul IL09 10 9 3 KEViN HALWEG, SJR 4 4 2. 7 =15 C} 0 7 Cd 9e I C.) / 93 ROGER W BREHEIM GO Q Q a= E, 7! »} 6 0 5_4 Z i 0 it r3 3 DAVID B ED SON 1 w " v 1 : C) 7 09 RANDALL BELLMORE- N L—.I-T"Y** OF 01A)PLEWOOD 07 EiljzL-0YEE GROS'S EAR0.jINGS A3 '-,4D !` DEDUCIFIC04 CMECr.'..-S f—*OR —fHE CURRENT PIA"`fit PERIOD CHECK NUMBER CHECK DATED PAYEE 2 13; ls; E, 7 1 f 09 i 93 DAV 1 D GERMAIN 1 0-t27 6 I CIA A C)1 1 C) i71 Z 10 Z q,3 PNN. 1 M till 11 o 40 11:2 3 4 is 440 117 1 C)036712 09/ 10/93 GEORGE C S)P-REIGLL 1, 282, (i 0 13 /** i C—) /*, 9 3 (ONNIE "ERMAGERt:P 11 . e j vj 4 115 VOID 09 / 10/ 9 3 MAPLEWOOD STA)"Em Sf:4114K 1 VOID TA—E COM101 OF REVENUE00 *,,, * 1.- .1 .: -,li t,,4 S II - i t:l I C 4 / 1 * -3 1 41 08 i . jt . .. 7 VOID JJ yj E S 0 1 i C-A 020 VOID 0 13 1 f.--) 9 3 PUBLIC EMP RETIRIEMENT ASSOC 5. 15 7 za, j2l 1221 E T R U 123 t 241 E, 7 2 VOID YJ 10 1 Hb i M -I 1",4NLbU 1 H 4.4 i251 1 VOID 9 10 9 3 CITY OF lylH"`P:Lt I i271 28i TY & t*---I*'lP' C R L11 10 NC. 1 L.LtU I 3;-a, 1 ti 40 i291 C -12"l L." , En "5 VVOID U 1\ 4 I l -ED W'Y OF i:lAUL- H lm'= H 321 2 4 VOID 09 93 COMMERCIAL LIFE INSURANCE 7-7, 55; 1341 35; I f ) -J.3' ES 52 0 ffir-4 SfA'*fE R E .f. i;,.E ,-Tl E r-il" S Y S T E ryl 361 7 L --, E VOID L. T C. L.. }'1 P: RETr "EMENT A cPL 17 C2. ti 0.38 7 27 000 09 f 10 /9 1-1*3 A F C M E c'.1 1r1-cil 5%6, 4 1 3 5 iE:,s os 0 19 1 kl.-) 9 3 METRO E-:%U)l*-'* k5 ,1`50C 1 45 it kjkj, 41 142 6 9 1 9 1'ell\jo PlUlUHL Llr- l-- 104t). 13i i 4I 7 3'")VOID 0 13.1* 10 J 3 UBLIC. EMP REZTIREME-N—1 ASSOC 213 0 . 3* 1 7 31 VOID 13 1 C)f A"50CPUOLICEMPRETIREMEP-4 ;nzD 5,9 - (--;'7 471 0 0 t. ES 7 t. 2 0000 9 i 0 I'D 3 Lm Em Lo Sir 675. Id.J 01501 f I k 3 3 911 , )/93 LwE*LmS4w j j321 COLLf'---Z-fQQE14J11•)Rkli;SEY CO &a W53 VOID CA 71 55i i; VOID 09 /1') 93 MEDICA CHOICE A44.81 1:1 i F-2 MEMORANDUM TO: City Manager FROM: City Clerk RE: EAST TWINS GAMBLING PERMIT DATE: September 20, 1993 The Chari tabl a Gambl i ng Li cense for East Twi ns Babe Ruth League i s up for renewal with the State. A resolution is needed from the City approving the license. The Council approved the license on March 8, 1993, but the State Board of Charitable Gambling requires a resolution of approval within 60 days of their approval. APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for the East Twins Babe Ruth League to be located at the Keller Lake Lounge, 2280 Maplewood Drive. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minn. Statutes No. 349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. F -3 MEMORANDUM TO: FROM: SUBJECT: LOCATION: PROJECT: DATE: City Manager Thomas Ekstrand, Associate Planner Conditional Use Permit Review 743 North Century Avenue Holiday Express Station September 17, 1993 irvTRoDucnoN The conditional use permit (CUP) at 743 North Century Avenue is due for review. TheCUPallowedtheexpansionofthefuelstationcanopy, an additional pump island andremovaloffivefeetofthebuildingfront. (See the original and proposed site plans onpages4and5.) The Code required a CUP because the expansion is within 350 feet of aresidentialdistrict. BACKGROUND On September 28, 1992, the City council 'tY approved this CUP. DISCUSSION Construction is in progress. The applicant is complying with all the coonditions of thepermit. The City Council should review this CUP next year after completion. RECOMMENDATION Review the conditional use permit for 743 North Century Avenue again in one year. gob- 5:holidaycup (25) Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan - Original Layout 4. Site Plan - Proposed Layout z CARPE NTEUR AV W 1680 N. T29 N, R22W.W p IDAHO AV 14113 25' 24 • Y Q a 7 T ANA a 1 ) (1) CURR IE ST ES RASKA AV (2) MYRTLE CT 5p L / RFgECCA OR 2) pL / 3 PINE TREE DR 3 4 4 BIRCHY/EW DR 14 4 0 N. NepbrosAav A 2 YAN i OR :.:...: 1440Potl' B LA H• +— "" -- "' 5 PINE TREEDROAKHILL:: :: 6 BIRCH TREE DRG . - -- !ANGELA ::::;.: 7 ROLLING HILLS OR ANTELOPE WAY — —`" " ` . . 2 AMBERJACK • LA Jiins Prolrie 51 61 "q '-7 MICKEY / :: ::::; 3 BEAVERDALE RD O 4 808CAT LA IVY8ELKHEMTLA 5 CODGER LA 1rbOLPjN /N FQ TE68 z 2 31 _I Ip HAWTHORNE A?li 1200 N A N AV 1200 N. E. RASE N ST 31 68 $ 1 N GERPN GERA fYer 't MAGNOL AV 4V O o Z Geluni Uk8 J Y Ar W W J z zJ O WNSASEAV AR ESTER ? L AV t960N. Ps 960 N. TIL 32 BR ipEt A av 32 a Maplewood m Nature t ,Q` SEVENTH ST E Center E . - 10 Z P Z ' 10Y . p y BUSH AV W a cr a MINNEHAHA m AV 720NO 7203N. 5 34 34 to MARGARET Pk o) V 1265 i 11 o o JLA - 2 FREM• w ONT Ad W Cr 1125201 C ! N Y 1 cAY SERVICE DR 480N. _ - 480N. 11210 1 r n ! 1a t - rvvt r236`'1 1 I I L J 4 235 f 111240 LOCATION MAP Q N 2 Attachment 1 ls `7 y (7J =6. 4.1 eQOL) V Al r 24 mono to ( 3`) : Io JA _....1 _ ..._ C 22 •1 f e- y • -J =, X750 1AJ (36) 749 " _1 0 44 A &w744 .743 749181. ? 5l ....... o n UNION CEM ETARY ... .. • • • • 16 Cy 1• 743 ..... ...... so L - Moomm- -An c IN'N'OUT - a I 00 T5 .. ..• :•.• -•: i:. .4 3 wool MINNEHAHA AVENUE MWW - -woep !o• a / tXr F , M t t g.53 } ...... `' 10 "wroy l uiqti 0 ' °' o o E h4CDONALD S z 65) 30 = > i7. s 2696 04 .3 1 Q r l 2698 s cc J as s 2700 oR„705 1T - }— Z 2702 _ w rte. •..-4 J- •' -! 1 ow _ M \ , •1 sub 1 , I ' ' t • ' ( +21$.21 't • tt1 ~ . 0 r r c 3 4 119.0 N ' ,ttg.0 • 119. . •75' MARL ART AV E.SaVV - 8 t Z 7.5 290 z• 289 Cyr. o7 } , to 1 I 4 W N soft N 9 C; 'Tq , t; 9 for S wcrToVi11ageforf;a.k Si Go`.ae•nvd N LP. - t9•. roe.. 14 3 t4 I (4g) 0" 085 8 t T PROPERTY LINE /ZONING MAP SITE 3 Attachment 2 Gar Jasi J - f'ieKs4 51' O W a BUILDINNG PORTION z TO BE REMOVED W MINNEHAHA AVENUE SITE PLAN ORIGINAL LAYOUT 4 Attachma.,+ -4 4 N t4 r cVcS re-p:4.; r' Ho ( 1 &06y 1 Cap k o 0 0 El 03 — 24' MINNEHAHA AVENUE RE Awl SITE PLAN PROPOSED LAYOUT Attachment 4 W M Z W Q o F- Z a RE Awl SITE PLAN PROPOSED LAYOUT Attachment 4 F qftmw I/ MEMORANDUM TO:City Manager FROM:Thomas Ekstrand, Associate Planner SUBJECT:Conditional Use Permit Review LOCATION:1255 Cope Avenue PROJECT:Northern Hydraulics DATE:September 17, 1993 INTRODUCTION The conditional use permit (CUP) at 1255 Cope Avenue is due for review. The CUP allows a commercial building within 350 feet of a residential district. BACKGROUND September 24, 1990: The City Council approved this CUP. June 24, 1991: The Council revised the CUP to change the store hours and require theownertoreplaceweedsanddeadgrasswithsod. September 23, 1991 and .September 28, 1992: The Council reviewed the CUP and required a review in one year. DISCUSSION Northern Hydraulics has periodically displayed oods like lawn mowers ' h g and traders outside. Condition Tree of the CUP prohibits the outdoor storage of materials. rials. I asked Mike Janke of Northern Hydraulics about this. He said the may ask 'y y the City to changetheirpermittodisplaymaterialsoutside. In the mean time I told Mr. Janke they mustnotdisplayanygoodsoutside. He said the would comply.Y RECOMMENDA170N Review the conditional use permit for 1255 Cope Avenue again in onepg year. gob- 5:northhyd.cup (9) Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 3 B£L LCREsr oR 4 DEA UWL L E OR 5 MERIDIAN OR 2400 N. so LOCATION MAP ATTACHMENT 1 DR Knc, 957— Rot WSUM a c lo /ELD a LQKE ATTACHMENT 2 WASP %V i f 6t: r , d 23 L . 040• t• 3 1 L4 lf1 V Oti N <) Z eo .. SO 2160 7 tow, 1.55at) O . 9 5) -4.09ae... 6) 20• (1 ' s• 1 19060 . 9 o •- 031 tO Wolf¢ d Fe A ec e • s N••*• sass , r • Q 4•t V 92.5.6' /a H WY, 36 0•`' . 17'18 -• NORTHERN H I . . YDULC SITE 1200 . Exc. } ... f7=t + Di a+•C M 131 • •••••• ••...•.•.•.•.•.•.•.•.•.•.''•ti *t O too bit: + tib +.bti ••••ti re IT 0 14 F o r-'-, _ l K 13 2 1 f !D 9 d 7 iy 4o COPE CTRUU E =t PROPERTY ZONING 0 ' N N 7j i i i I 1 ATTACHMENT 3 inGHWAY 3 6 - 4':.s ti ..._•' •. • _ • \.L:r . Ile AD a s H . --' •..• '•. • .. is ' •• • _ • • =: •:= . : fir. It ti_ .;. • •• ...' L . • . - :' t'''om NORTH ;Z- - M6. ice O `_J /`s 6 PAPrcNG : pA . 3T SPACES e_ + ' r • '^ • Z WMAPPED SPACES • • • . rr,, r ' + '' -'. • '39 TOTAL SPACES _ • S L S Q N APPROVED SITE PLAN 4 FQW5 MEMORANDUM TO: City Manager FROM: Chris McGlincey, Planning Intern SUBJECT: Conditional Use Permit Review LOCATION: 2650 White Bear Avenue APPLICANT: North St. Paul- Maplewood - Oakdale School District 622 PROJECT: Harmony Early Childhood Kindergarten Center DATE: September 17, 1993 inm3oDuc11oN The condirional use permit at 2650 White Bear Avenue is due for review. The permit isfornon - profit, education - related and child -care uses. Independent School District 622 is now operating a kindergarten school program, special education and communityeducationprogramsatthissite. (See their letter on page 4.) BACKGROUND September 14, 1987: The City Council approved a land use plan change and a conditional use permit for this site. The land use plan change was from RM (residentialmediumdensity) and RH (residential high density) to S (school). September 26, 1988: The Council renewed this CUP subject to the original .1 conditions, 1992: The school district demolished part of the old school made structural additions and expanded the parking lot. DISCUSSION The school district is meeting all the permit conditions. Staff is not aware of anyproblemswiththisuse. RECOMMENDATION Review the CUP again for 2650 white Bear Avenue if a roblem occurs, go/b- 5:harmonyl.mem (S 1/2 2) Attachments: 1. Location Map 2. Properly Line /Zoning Map 1 8 -26 -93 letter from Richard Julander 4. Permit Minutes T ATTACHMENT 1 - 65 WHI rE 6EA R LAKE 68 ( 9RENW000 CURVE . r M '+ .'..' i'r.•.•.1tiIi1/i1'i•J• :iltitiiY• •':. .__._.........._. ..... •' •:•••'- ':•;••.••' :':•:•;• pin t GA AV woo NN AV AV o YOt A CTjJ AV b pr yt M 19 atg —ly _ p Y P!aa Coe 3 19 MAftf v1w AV A .. . 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OILIt pit a 2582 Z. ?T.,s, t) 14 13 11 40 9 a T 6 S 4 3 2 I ss 6ACHMANS t C 1, PROPERTY LINE /ZONING MAP SITE K 4 N North St. Paul Maplewood Oakdale August 26 1993 Ken Roberts Office of Community Development City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Re: Harmony School Conditional Use Permit Dear Mr. Roberts: ATTACHMENT-3- This is in response to Christopher McGlincey's letter of August 4 to Gay Hendricks. In the fall of 1992, the Harmony Building was returned to use as a school and renamed the Harmony Early Childhood Kindergarten Center. We now consider it a regular school facility and expect it to remain so into the foreseeable future. Harmony now houses an elementary (kindergarten) school program and special education and community education programs. Those are its only uses. Each of those programs is a common, typical school district activity, established by the Legislature as a school district responsibility, and financed with state and local funds. We request that the Harmony Early Childhood Kindergarten Center be granted a conditional use permit (if one is required) for school use. If you need additional information, please give me a call. Yours truly, Richard F lander Director usiness Services RFJ :sc cc: Gay Hendricks 4 612 770 -4603 • FAX -612) 770-4661 School District G22 OFFICE OF BUSINESS SERVICES 2055 E. Larpenteur Avenue, Maplewood, MN 55109 ATTACHMENT 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be approved on the basis of the following findings-of-facto - 1. The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use woul not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisance 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. , 7.. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Submittal of a dimensioned striping plan for the existing parking spaces. - 2. Council may require additional parking spaces as a condition of permit renewal, if the existing parking lot is found to be inadequate. - 3. Maplewood and North St. Paul shall have continued use of the athletic facilities in the northeast portion of the site until that part of the site develops provided the use of these facilities does not interfere with the applicant's use of the property. 4. The nonprofit uses shall be restricted to health and wellness programs, special and community education, office, worship and other similar uses. Seconded by Cou nc i lmember Anderson. Ayes - all. 5 9/14 $ F -4 MEMORANDUM TO:City Manager FROM:Chris McGlincey, Planning Intern SUBJECT:Conditional Use Permit Renewal LOCATION:1735 Kennard Street DATE:September 17, 1993 INTRODUCTION Ms. Joyce Kral is requesting that the City Council renew a conditional use permit CUP). The CUP is for a day care center at 1735 Kennard Street (Presentation Church of the Blessed Virgin Mary). Ms. Kral is the director of the Presentation Childhood Learning Center. BACKGROUND On August 23, 1982, the City Council approved a CUP to operate a day care center subject to: 1. Correction of all life- safety and building code deficiencies prior to program start -up. 2. If no nuisance conditions exist at the end of one year, the permit may be renewed by Council. On September 12, 1983 and September 12, 1988, the Council renewed the CUP for five years. DISCUSSION The day care center is meeting all the Council- required conditions. The staff is not aware of any problems. RECOMMENDATION Renew the CUP for the day care facility at 1735 Kennard Street for five years. go/b- S:bvm- cup.mem (15) Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Letter Attachment 1 RW1D C HkL I0S c1,h CON NOR a,rco+iu RD. AVE V OEMONr A1E AVE t9 NO AVE AVE. GERN/US AVE.CER1/IYS t CEINi11: CRNi0V1EW Cr.AVE VIlatiC DR. SHERREN AVE V nv COPE 3ii" « _. IEEL QN GOWAIS AV AW. COPE AVE LARK Qj AVE tn LARK t AVE J i qow CO. < R0. y v LAURIE RD, Zsr,. Q LAURIE = R0. CL LALIF R0. v SW MST, AVE C. JUNCTION AVE b Z g t; CO. AyE, °o BLIRKE AVE. BURKE AVE461 LA. j ELDR VOCE AVE ..r i EVE 8EL/ONf AVE. AV E SKILL MMI AyE WIR me . RIS AVE. RosErr000 AVE K WAN0 f ay AVE. MI AV, AVE S D NUE1' COUNTY FiVR G9NXT ti 0 AVE El tgVE COURSE U bER AV E v sJ AVE AM" Q toFRISBIEAVE. 3 a '' 3 RIP LEY 'Z Z pw Cr. RfPIEY AVE. %S W G " ° Co > . q tA. o m IaNCSroN OPHI A ST. OX C Y y PRIG AVE Q = 3 PRICE V • O S SAINT PAUL ~ '• i :..: _ .. LOCATION MAP 2 Q N W Y J O J W rL W Y o ,J loop k' ti - i m i 2 1 1 •' ! N 2 lzoo) t 4- 0 Z c 4 5 `g 20 21) I_vA 5 14 -. C4e42lA 03 r 3a _1 2..4 . r Jun% in 44 10 14 5.55 W ob ANOto 9 e Y2 S o 3 ' NdQ 13S_5yam/ 9.3 ` o lop 18 2) rf .- 1 3 C N 1 1 •' ! 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P0 1740 31 (56) z 295 ,,_ 79 - 4) (5 7) 1730 t 9 r (73 C s 9) 29 295 , 7fa _2-1 .7Ca i 708 2.8 rZ CSI) 698 27 295.74 ` 3 ' 29 S. 1 ( (0 (a;) ( Co-5 / (G 3 NO " r IS Q CL' z Q r LL o 0 33 33 T 5 64 128 e5 2 b4 Co4 130-12 b, V -y4 4 V -F . - - - -- - -2449. %3 - _ SAINT PAUL PROPERTY LINE / ZONING MAP 3 Q N Attachment 3 V . 0 PRESENTATIONs CHILDHOOD LEARNING CENTER 1735 KENNARD STREET MAPLEWOOD, MINNESOTA 55109 612) 770 -3093 August 4, 1.993 Mr. Chris Mcglincey Community Development Department 1830 East County Road B Maplewood, MN, 55109 Dear Mr. Mcglincey: This is a request for renewal of a conditional permit for operation of a daycare at the Church of the Presentation of the BVM. Thank you. Respectfully yours, Joyce Kral Director 2 AGENDA ITEM_ AGENDA REPORT TO: City Manager FROM: City Engineer SUBJECT: Sterling Street, Project 87- 45— Change Order 4 DATE: September 20, 1993 There are two types of work involved in this change order. The first concerns insulation of an existing water main. The existing temporary cul -de -sac at the end of Hillwood Drive needed to be lowered to match the new street grades. When the street was lowered, the cover over the water main was reduced. Installation of insulation was required to prevent freezing of the water main. The total cost of this work is $1,154.25. The second additional item concerns restoration. A small area of the city's water tower lot has a steep slope as a result of the project. Seed and mulch will not prevent erosion from the slope. It is proposed to use a special seed mix and wood fiber blanket to establish turf on the site. Approximately 400 square yards of special seeding and wood fiber blanket would be required. The total amount for this work is $620.00. It is recommended that Change Order 4 in the amount of $1,724.25 be approved. KGH i Attachment RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Sterling. Street Improvements, Improvement Project 87 -45, 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 87 -45, Change Order 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 4 in the amount of $1,724.25. The project budget is amended to $1,119,830-00. The project financing is amended as follows: Special assessments WAC fund MSA General obligation 437,629.50 200,000.00 456,664.38 25.536.12 Total. $1,119,830.00 AGENDA NO. AGENDA REPORT TO: City Manager FROM: Assistant City Ma 46 CAAtyg RE: BUDGET ADJUSTMENT FOR C.D.B.G. FUNDS DATE: September 13, 1993 INTRODUCTION Earlier this year, Ramsey County approved a $3,750 award of Community Development Block Grant funds for Maplewood. It is to be used for the installation of power- assist doors in the City Hall lobby. This report is a request for the City Council to adjust the budget to reflect the $3,750 increase in revenue and the matching expenditure. The front lobby has a total of four doors. Two of those doors will be converted to power- assist doors. They will be controlled by a power button both on the outside and the inside of the building. RECOMMENDATION It is recommended that the City Council increase the appropriate revenue account and expenditure accounts by $3,750 to reflect the acceptance and disbursement of the CDBG funds from Ramsey County for the lobby power assist doors. AGENDA NO. 9 AGENDA REPORT TO: City Manager FROM: Assistant City Ma ` 14-Atg .c x3 RE: BUDGET TRANSFER REQUEST DATE: September 17, 1993 INTRODUCTION It is requested that $7,700 be transferred from the General Fund contingency account to the Building Maintenance department for a variety of items which are itemized below. BACKGROUND Building Maintenance is responsible for the maintenance and cleanliness of City Hall and the surrounding grounds. Throughout the year, various requests, repairs, and unplanned needs are submitted and identified. It is for these items that the request for funds is being made. 1. Tree t 49 and removal. The 1993 Budget contained $800 for these services. However, the City's tree consultant identified additional trees for removal and trimming which exceeds the budgeted funds. 2. Supplies. Additional janitorial supplies such as cups, cleaning solutions and paper supplies are needed. This account was underestimated. 3. Equipment supplies. This account handles replacement parts such as light bulbs, locks parts, paint, and thermostat parts. As the building ages, more parts need to be replaced. 4. Water Softener. Currently the water for the steam boiler is not treated before it enters the system. It is proposed to add a commercial softener. The advantages to softer water in the boiler is less additive chemical use and less mineral buildup in the pipes. S. Additional landscaping. The employees that work at the counters facing the large courtyard have asked for a sunlight buffer from the large windows. Several options were researched including linds dark film, and courtyard trees. It is requested that funds be allocated for the addition of three evergreens outside of the large lobby windows. 6. Repair /Maintenance of Building and Grounds. There was a breakdown of the sewer pump system, and additional funds are needed for professional repairs of the roof and the overhead heaters in the Police e. arag g 7. Fuel oil. The emergency generator oil supply needed to be replenished this fall. 8. Telephone charges. The cost of operating the telephone system is charged to each department based on the location of the telephone. In 1992, the allocation procedure was changed, and Building Maintenance acquired the charges associated with phones in the various conference rooms, hallways, main lobby, etc. The amount allocated to Building Maintenance in the 1993 Budget is inadequate to cover the charges. RECOMMENDATION It is recommended that the City Council approve the transfer of $7,700 from the General Fund contingency account to Building Maintenance department budget tog pay for the miscellaneous items outlined in the report. tmc AGENDA REPORT TO: City Manager FROM: Assistant City Manager 6* Oh 4 RE: ADA COMPLIANCE SURVEY DATE: September 14, 1993 INTRODUCTION AGENDA NO. ) / D In June of 1992 staff requested approval for an ADA consultant. The City Council directed staff to handle the required surveys using volunteers or City employees. A four - resident committee, ADAPT, was formed to conduct an evaluation of City facilities and programs. All of the facility survey work has been done by ADAPT. At this time, staff and members of ADAPT are requesting that a consultant be hired to complete the required transition plan and employee training. BACKGROUND On July 26, 1990, the Americans With Disabilities Act was signed into law. The goal of the ADA is to provide a clear and comprehensive national mandate for the elimination of discrimination against persons with disabilities. Its intent is to end exclusion of handicapped persons from buildings, participation in programs, receipt of services, and employment. This Federal law requires that governments survey their facilities and programs to assess the accessibility for persons with handicaps and to bring existing buildings and programs into compliance with ADA requirements. To accomplish compliance with Title II, the City of Maplewood must conduct an accessibility audit or a self - evaluation. This is basically a walk- through of all existing facilities that are owned or leased, and an evaluation of the programs and p olicies to see if there are barriers for access and participation to individuals with disabilities. During the last 14 months, members of ADAPT have completed the walk - through of City -owned or City -used facilities. Those members are Pat Svendsen, Scott Rostron, Carolyn Peterson and Susan Lorentz. This plan was to have been completed by January 26, 1993. ADAPT has identified barriers that require structural changes in facilities to comply with ADA. This means that a transition plan must be created. This plan must identify: the physical obstacles that limit accessibility of programs and activities i.e. an undersized door or lack of communications methods for sight impaired people) 1 describes methods to make the activities accessible; sets out a time line for reaching compliance; and names the persons responsible for implementation of the plan. Members of the community must be given an opportunity to comment on the transition plan, so the City Council should conduct a public hearing when the plan is presented. The plan should have been completed by July 26, 1992. Since the provisions of ADA are different from State building code, staff felt that an individual with knowledge and familiarity with Federal ADA provisions was needed to help us with the required evaluation and transition plan. In 1992, two proposals were obtained from consultants. The individual that staff recommended was Julee Q uarve- Peterson. Staff is still recommending that Ms. Quarve- Peterson be hired to assist in the completion of the transition plan. Her current and past clients include the cities of Brooklyn Center, Robbinsdale, Brooklyn Park, Maple Grove and many others. Her proposal is attached. It should be noted that her proposed fee has dropped $1,150 due to the work that ADAPT has done. ADAPT feels that is has completed as much of the work as they are qualified to do. The transition plan, the necessary documentation, and the employee training are very important legal records and long -term planning tools. At this point in time, a person who is qualified in this specific area of expertise is needed. The 1993 Budget contains funds for this project. RECOMMENDATION It is recommended that the City Council authorize the City Manager to enter into a contract with Julee Quarve -Peterson, Inc. not to exceed $6,100 to review ADAPT's self - evaluation, complete the City's ADA transition plan, and provide training to City employees. tmc 2 julee quarve - peterson, inc. accessibility specialist "504" ADA consultant CONTRACT BETWEEN CITY OF MAPLEWOOD, MINNESOTA AND JULEE QUARV&PETERSON, INC Julee Quarve- Peterson, Inc. (hereinafter "JQP, Inc. ") will provide consulting services to the City of Maplewood, Minnesota for the purposes of compliance with applicable codes, laws, and guidelines pertaining to accessibility for persons with disabilities. Julee Quarve- Peterson, Inc. is uniquely qualified to assist the City of Maplewood, Minnesota in this review for compliance with the Rehabilitation Act of 1973 Section 504 requirements and the Americans With Disabilities Act requirements of 1990 Tide A. Julee Quarve- Peterson has been an accessibility specialist since 1978. Focusing exclusively on accessibility for the past 14 years provides the City of Maplewood with a consultant knowledgeable in the "meshing" of laws, design guidelines, and building code requirements of new construction and their application to existing buildings, programs, and budgets. Julee Quarve- Peterson, Inc. currently holds contracts with several other communities providing similar services including New Hope, Brooklyn Center, Robbinsdale, St. Louis Park, Maple Grove, Burnsville, Plymouth, Crystal, Lakeville, St. Anthony, Brooklyn Park, and Chanhassen. 0 Julee Quarve- Peterson. has participated as a trainer in several National training efforts by the Department of Interior National park services "Project Access" for nearly two and one -half years (17 separate one .week trainings) thereby providing Julee Quarve- Peterson, Inc. with "yet to be published design guidelines for outdoor recreation" soon to be added to the Americans With Disabilities Act. Other National trainings have provided Julee Quarve- Peterson, Inc. with Tide II Americans With Disabilities Act Technical Assistance Manual by Department of Justice. These special publications. and specialized knowledge can definitely assist your community in a comprehensive, effective, and efficient analyses for Americans' With Disabilities Act Title II and 504 compliance. JQP, Inc. will . conduct the fefflowing activities to ass'st the qty in fulffilment or its Americans With Disabilities Act Title II and 504 requirements: Self Evaluation Process Assist in review of programs, services, policies, and procedures (Title II ADA) Assist in completion of appropriate forms: Grievance Procedures Notice Requirements Document designated 504 /ADA city employez 11290 50th place no., plymouth, minnesota 55442 612- 553 -1246 Proposal to the City of Maplewood Page 2 JQP, Inc. will conduct on -site walk through survey of structures, facilities, and improvements based on ADA design guidelines July 1991, Minnesota 1340, and Rehabilitation Act of 1973, and UFAS design guidelines. Note "ADAPT" has inducted a site survey utilizing a survey tool developed by MCII, for its review. JQP, Inc. will revisit to assist in establishing priorities. Sites to be surveyed include: City Hall s Fire Stations (5) Public Works Building Park Maintenance Building 33 Parks and Associated Structures 14 Polling Sites Nature Center Transition Plan JQP, Inc. will facilitate appropriate "public" meetings regarding preliminary findings of structural survey. JQP, Inc. will assist the city in development of a transition plan documenting where structural changes are necessary. A report overview of those issues requiring upgrading as mandated by 504. requirements and a proposed implementation plan appropriate to the City of Maplewood consistent with the intent of the Americans With Disabilities Act Title II will be presented, including required implementation Resource Guide Provide an updated resource guide on suppliers and vendors on specialty equipment and services such as sign language interpreters. Communication Plan A review of "communication plan" including cable TV, city publications, telephone systems, sign language interpreters, etc. Accessibility Tratninn JQP, Inc. will conduct a 4 hour staff training regarding accessibility, the ADA, and Maplewood, teaming with Stephanie gham of the Lighthouse .group. Resource Proposal to the City of Maplewood Page 3 materials /training guides will be provided to each participant Videos, slides, and overheads, as well as participant interaction will be utilized. [$500 included in fee] LI- I I7TW16=1 , A Other services for 504 and Americans With Disabilities Act compliance as requested as an additional Bernice. The fee for the above - listed consulting services is a total of X5,500. Expenses will be billed additionally at a rate of 280. per mile, copying at cost, and secretarial services at S20 per hour. Expenses not expected to exceed x600. Total cyst not to exceed 56,100. Contract start date will be scheduled upon execution of contract. Respec*yy submitted, J e arve- Peterson Authorized signature for City of Maplewood President of Julee Quarve- Peterson, Inc. Date: S Date: A # ICINAP/1 AGE R E P 0 R T DATE: September 17, 1993 TOO cit Mana FROM Gail Blackstone, Human Resource Director 4 6tU67t0'ftz V SUBJECT: Ndn-Discrimination/Sexual Harassment Polic Revision Introduction The Cit personnel polic on non-discrimination has been revised to reflect the 1993 Legislative chan which expanded the protection of the Minnesota 'Human Ri Act to prohibit discrimination on the basis of sexual orientation. I have also updated the Cit sexual harassment policy with a few minor chan which are underlined, Recommenda It is recommended that the proposed revisions to the Non- aDiscrimination and Sexual Har policies be approved. GJB Attachment REVISED: 9/93 14 -3 NON - DISCRIMINATION POLICY The City of Maplewood is committed to providing a work environment that is free of discrimination. Any type of discriminatory action or harassment because of race, age, religion, sex, national origin, sexual orientation or disability is a violation of City policy and is prohibited. This policy applies to all City officials and employees while performing their duties as employees within or outside the workplace. 10-4 SEXUAL HARASSMENT POLICY Guidelines issued by the Equal Employment Opportunity Commission EEOC) under Title VII of the Civil Rights Act of 1964 reaffirm that sexual harassment is an unlawful employment practice. In keeping with the City's policy of compliance with all laws prohibiting all forms of discrimination, sexual harassment in any form will not be tolerated. DEFINITION SEXUAL HARASSMENT GUIDELINES The EEOC Guidelines state that unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute harassment when: 1. submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment, or 2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or 3. such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Other behavior, whether subtle, overt, or otherwise, which constitutes sexual harassment includes, but is not limited to : 1. verbal harassment (epithets, derogatory remarks, or slurs); 2. physical harassment (gestures, assault, impeding or blocking movement, or any physical interference with normal work or movement); 3. visual forms of harassment (derogatory posters, letters, poems, graffiti, cartoons, or drawings); and 4. requests for sexual favors or unwanted sexual advances. PRACTICE Conduct that might be interpreted as sexual harassment can be perceived differently among employees. Each employee has a responsibility to attempt to maintain the workplace free from any form of sexual harassment Anytime an employee feels that he or she is being subjected to sexual harassment in any form, or who believes he or she has witnessed sexual harassment in any form, must bring this to the attention of the City. In order for the City to deal with the problem, employees must report such offensive conduct or situation as soon as possible to their Supervisor, Department Head, Human Resource Director, or City Manager. All supervisors and Department Heads are required to immediately report any allegations to the Human Resource Director or the City Manager. PROCEDURES All complaints which are made will be promptly investigated and resolved. Every attempt will be made to maintain the employee's confidentiality and provide protection against retaliation. If the employee is not satisfied with the results of the investigation, he or she may contact the EEOC (349 -3495) or the Minnesota Department of Human Rights (296- 56631 A record of the complaint and the findings will become a part of the complaint investigation record and the file will be maintained separately from the employee's personnel file. If the facts support the allegations, the perpetrator of the sexual harassment will be subject to appropriate disciplinary action, up to and including discharge. Any official or employee found to have made a false complaint or found to have given knowingly false information during an investigation of such a complaint may also be subject to disciplinary action. AGE..j'r'vTDA- 11VTO 0 F 4000 j TO: City mana 0FROMO Finance Director 1993 P-TRE DEPARTMENT CoN - THIRD QUARTERPAYMENTS 0DATBO September 20, 1993 The third quarter fire department contract pa are due at theendofSeptemberandasyouknowthe1993contractshavenotbeenfinalized, Therefore it is recommended that the third quarter pa bebupontheamounsinthe1992contracts, W:\AGN\FIRE0993 F -13 MEMORANDUM To: Michael A. McGuire, City Manager From: Robert D. Ode g and Director of Parks & Recreatio' Subj: Replacement of Park and Recreation Commissioner Date: September 21, 1993 Commissioner Hawkins resigned from the Park and Recreation Com- mission on September 20, 1993. Her three year term would have expired on December 31, 19940 It is requested that staff be directed to advertise for the open position on the Park and Recreation Commission, refer applicants to the Park and Recreation Commission for review and interviews, and make a recommendation of a candidate to fill the vacancy. c:,City Clerk September 20, 1993 Mr. Robert Odegard Director of Parks and Recreation City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Bob. Due to many changes m my personal and professional life, I find that I can no longer fulfill my obligations as a Parks and Recreation Commissioner. Therefore, effective October 1, 1993, I hereby submit my resignation from this appointment. I have enjoyed working with you and your associates, and all the other Parks and Recreation Commissioners over the past years and appreciate the opportunities for personal growth this relationship has provided. Sincerely, Mavis A. Hawkins N cc: Jeanne Ewald - Chair Parks and Recreation Commission F BANNIGAN &KELLY, P.A. ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING 5TH AND CEDAR SAINT PAUL, MINNESOTA 55101 612) 224 -3781 JOHN F. BANNIGAN, J R FAX (612) 223-8019 PATRICK J. KELLY JAMES J. HANTON JANET M. WILEBSKI JOHN W. QUARNSTROM August 27 1993 Mr. Kenneth Haider Maplewood City Hall 1830 East County Road B Maplewood, MN 55109 Re: Donna F. Pinotti vs. City of Maplewood Dear Mr. Haider: Please find herein the following: 1. Correspondence from Michael A. Pinotti; Z. Stipulation of Settlement; and 3. Proposed Resolution. It is our understanding that you will take this matter to the Council. Sincerely, BANNIG" & KELLY, P.A. Patrick"4 belly PJK :jg Enclosure ms r+rrw; pw°` g++- x.,e. ;;•.wby ..Cva,ac.. , •e. z.y 1 E AUG 3 0 1993 L w +......ap ap n ar u as r o r r. .. i ar .r w w r .rwo MICHAEL A. PINOTTI, LTD. ATTORNEYS AT LAW SUITE 830 o ROSEDALE TOWERS 1700 WEST HIGHWAY 36 ROSEVILLE, MINNESOTA 55113 612) 633 -1039 FAX: (612) 633 -7393 August 19, 1993 Patrick J. Kelly Bann -gan & Kelly. P.A. Attorneys at Law 409 Midwest Federal Building 5th and Cedar Saint Paul, 1"IN 55101 Re: Donna F. Pinotti v. City of Maplewood Court File No. C1 -92- -12658 Dear Mr. Kelly: Enclosed is an executed stipulation of settlement in the above referenced matter. Upon execution of the resolution by the City of Maplewood, I will execute, file, and serve the Dismissal with Prejudice Very truly yours, MICHAEL A. PINOTTI , LTD. Michael A. Pinotti MAP/aF cc: Donna Pinotti CASE TYPE: ASSESSMENT APPEAL STATE OF MINNESOTA COUNTY OF RAMSEY DISTRICT COURT SECOND JUDICIAL DISTRICT In Re Special Assessment Petition of: DONNA FAE PINOTTI, Petitioner - Appellant, vs. CITY OF MAPLEWOOD, a municipal corporation Respondent- Appellee. Court File No. Cl-92-12658 STIPUIXrION OF SETTLEMENT THIS AGREEMENT, entered into this / 7 ' ;f day of , 1993, by and between DONNA FAE PINOTTI (hereinafter "Pinotti ") and the CITY OF MAPLEWOOD, a municipal corporation (hereinafter "City "). WHEREAS, pursuant to proper notice duly given as required by law, the City Council has passed upon all objections to the proposed assessment for the construction of Larpenteur Avenue east from I -35E to Edgerton Street as described in the files of the City Clerk as Project 86 -27. WHEREAS, pursuant to Minn. Stat. 5429 et al, Pinotti has filed a Notice of Appeal with respect to PIN No. 17- 29 -22 -33 -0036 to the amount of $1,625.00. Said amount represents assessment in residential street one unit at $1,125.00 and storm sewer - residential at $500.00. WHEREAS, the Notice of Appeal for the assessment was set for trial in Ramsey County District Court as Case No. C1 -92- 12658. WHEREAS, the City and Pinotti entered into settlement negotiations in order to avoid continued litigation and costs. WHEREAS, the City and Pinotti have agreed to the reassessment of the parcel (PIN No. 17- 29 -22 -33 -0036) in the amount of Eight Hundred Dollars ($800.00). WHEREAS, the parties have reached an agreement concerning the reassessment of the parcel. Pinotti agrees to waive the Notice of Hearing pursuant to Minn. Stat. 5429.071, Subd. N NOW, THEREFORE, IT IS AGREED UPON THAT: 1) The City's reassessment for residential street and storm sewer on the property identified as PIN No. 17- 29 -22 -33 -0036, also known as 1686 Arkwright Street, Maplewood, shall be as follows: Residential street - one unit Storm sewer residential - one unit 300.00 X500.00 2) That Pinotti hereby waives a Notice of Hearing for reassessment of the above- captioned parcel pursuant to Minn. Stat. §429.071, Subd. 2. 3) That Pinotti shall file with the Court a Notice of Dismissal with Prejudice and without costs concerning Case No. 0142- 12658. 4) The City, by Resolution, shall reassess PIN No. 17- 29 -22 -33 -0036 at $800.00 which includes residential street - $300..00 and storm sewer residential - $500.00. 5) Said reassessment shall be paid according to the original assessment notice and the City shall certify the reassessment to the County of Ramsey, State of Minnesota. 2 THIS AGREEMENT consists of the agreement of the parties. CI'T'Y OF MAPLEWOOD B v f (' : Patrick J. Kelly (AU No. 54823) Bannigan & Kelly; .A. 409 Midwest Federal Building 50 East Fifth Street St. Paul, MN 55101 612) 224 -3781 Attorney for Respondent, City of Maplewood DONNA. FAE PINOTTI By Michael A. Pinotti (Atty. No. 130400) Suite 830, Rosedale Towers 1700 West Highway 36 Roseville, MN 55113 612) 633 -1039 Attorney for Petitioner, Donna F. Pinotti 3 RESOLUTION NO. WHEREAS, pursuant to proper notice duly given as required by law, the City Council met, heard and passed upon all objections to the proposed assessment for construction of Larpenteur Avenue East from I -35E to Edgerton Street as described in the files of the City Clerk as Project 86 -27, passed on , 1992. WHEREAS, pursuant to Minn. Stat. 5429, Donna Fae Pinotti filed a Notice of Appeal with respect to PIN No. 17- 29 -22 -33 -0036 in the amount of $1,625.00. WHEREAS, the assessment appeal was duly scheduled in Ramsey County District Court on August 4, 1993, at 9:00 a.m. as Court File No. C1-92-12658- vVHEREAS, the City of Maplewood and Dorma Fae Pinotti entered into a Stipulation of Settlement in order to avoid protracted and continued litigation and additional costs for a final determination of benefit. WHEREAS, Donna Fae Pinotti has agreed to a reassessment of its parcel known as 17 -29- 22 -33 -0036, also known as 1686 Arkwright Street, Maplewood, Minnesota, in the amount of 800.00 which represents residential street of $300.00 and storm sewer of $500.00. WHEREAS, Donna Fae Pinotti has waived through Stipulation the requirements for notice and hearing pursuant to Minn. Stat. §429.071, Subd. 2. FORE, be it resolved by the City Council of Maplewood, Minnesota, as follows: The following parcel, 17- 29 -22 -33 -0036, located in the City of Maplewood be vacated by $825.00 from $1,625.00 and that the reassessment for the parcel (PIN No. 17- 29 -22 -33 -0036, also known as 1686 Arkwright Street) be in the amount of $800.00 which represents residential street ($300.00) and storm sewer ($500.00). Reassessment for PIN No. 17- 29 -22 -33 -0036 is $800.00. Dated: , 1993 CITY OF MAPLEWOOD By Gary Bastian, Mayor By Lucille Aurelius, City Clerk G -/ MEMORANDUM TO: City Manager FROM: Director of Community DevelopmentSUBJECT: Maplewood Assisted Care Living FacilityLOCATION: White Bear and Cope Avenues DATE: September 16, 1993 inrrROnucnoru Request VOA is requesting that the City do the following: 1. Vacate the undeveloped alley between Castle Avenue and the vacated Hazel Street.See the map on page 21.) 2. Vacate Cope Avenue between Castle Avenue and Hazel Street. (See the map onpage21.) 3. Change the zoning map from R -1 (single dwellings) to R -3 (multiple dwellings).See the maps on pages 20 and 21 and VOA's letter on page 26.) 4. Sell part of the City -owned lot on the corner of Cope Avenue and Van Dyke StreettoVOA. (See the map on page 22.) The VOA wants to buy the north 20 feet of theCity's lot to the south and an adjacent thirty feet of the vacated Cope Avenue for atotalof50feet. 5. Approve a variance to the City's density standards. (See their letter on page 27.) 6. Approve fewer parking spaces and garages than the Code requires. The CoderequiresthatVOAprovide132parkingspaces —two for each living unit. Sixty -six ofthesespacesmustbeingarages. VOA is proposing 40 open parking spaces and nogarages. 7. Plans for - anew assisted care living building, dining addition •g g, a dining room addition to the existinggbuildingandchangestotheMaplewoodCareCentersite. 8. Approve up to $12 million in tax-exempt housinging revenue bonds. Project Description VOA Care Centers of Minnesota oA isC ) proposing to build a 66 -unit assisted calivingfacility. This facility would be on _ re tY a 3.1 acre site that is north of the Cope Avenuenue right -of -way and east of White Bear Avenue. The building would be three stories high. There would be 10 alcove (studio) units, 50 one - bedroom units and 6two- bedroom units. The siding would be vinyl with brick accents. (See the attached plans.) The basement would have 11,000 square feet for a storm shelter. There would be a tunnel connecting the new with the existing building. VOA also plans to build an eight-foot- wide trail along their south property line. (See the maps on pages 18 and 20 and the site plan on page 23.) The care available at this facility would be between that at a nursing home and that available at housing for independent seniors. The assisted care living facil would 0 g tY provide minimal aid for daily living to the residents. This would include help with housekeeping, laundry, bathing, mobility, medication management, social events, nutritional or other needs. VOA is proposing the following changes to the existing Maplewood Care Center site: VOA owns the Maplewood Care Center.) 1. Move the trash enclosure from the west to the east side of the parking lot. The enclosure is now where the proposed service drive would connect to the ro osedpp building. 2. Add eleven new spaces to the southerly parking lot's south side. 3. Replace the wooden fence along the east lot line with a solid, eight- foot -tall wooden screening- fence. (This was a neighbor's request.) 4. Build screening fencing around two existing storage sheds. These sheds are on the south parking lot, south of the proposed trash enclosure. This fencing would match the proposed fence for the east lot line. VOA did not show these on the site plan. S. Remove the wooden fence along the north side of Cope Avenue and landscape this area. (This was a neighbor's request.) 6. Install stop signs at the frontage road. One would at the main northerly entrance. The second would be at the new main entrance to the proposed building. (This was a neighbor's request.) 7. Build a one -story dining room addition onto the building's south side. VOA did not provide exterior elevations. 8. Revise the Sherren Avenue driveway and parking. There are 27 existing parking spaces along the south side of this drive. VOA proposes to add more asphalt and restripe this drive for 15 parking spaces. There would be nine parking spaces on 2 the north side and six on the south side of this driveway. VOA also plans to narrow the drive entrance from 33 feet to 24 feet. 9. Add ten parking spaces to the north parking lot's east end. (Note: There is an error on the plans. They show curbed islands in the north parking lot. These are not existing or proposed.) BACKGROUND January 20, 1972: The City Council denied the alley vacation. They intended to review the alley vacation again after the City resolved the question of extending Cope Avenue. At the time, the Council was considering whether to build Cope Avenue to White Bear Avenue.) July 11, 1983: The City Council changed the land use plan to delete Cope Avenue as a collector street from White Bear Avenue to Ariel Street. August 28, 1989: The Council gave preliminary approval to VOA's request for 5,300,000 in tax - exempt financing to buy the Maplewood Care Center. This approval was subject to VOA making the following improvements to the building and site: 1. The remainder of the building must be sprinklered to meet the building code over a two -year period. 2. Thirteen additional parking spaces shall be added, subject to the approval of the CDRB. Concrete curbing shall be provided around the new parking spaces and the two existing lots. 3. The trash enclosure shall be screened to meet the City Code, 4. Staff to review the address as 1905 Cope Avenue. The VOA completed these improvements. September 25, 1989: The Council vacated Sherren Avenue between white Bear Avenue and the vacated Hazel Street, December 10, 1990: The Council considered changing the land use plan for the undeveloped property at the corner of Cope Avenue and Castle Avenue. The change was from R -3H (high - density residential) to R -1 (low- density residential). The Council decided not to make this change. The Council gave no reason. The Planning Commission recommended against a change because noise from White Bear Avenue was not conducive for single dwellings and the VOA was planning a senior project on this 3 site. The Council did change the zoning on the Sherren Avenue right -of -way from R -1 to R -3 (multiple dwellings) . DISCUSSION Alley Vacation There is no need for the undeveloped alley on this site. VOA owns the property on both sides of the alley. The alley vacation would allow them to build the proposed care facility as shown on the site plan. The City should keep an easement over part of the east end of the alley for existing underground utilities. Cope Avenue Vacation The Cope Avenue right -of -way between Hazel Street and Van Dyke Street has utilities, but the City has not paved it. VOA is requesting the vacation because they feel it would: 1. Prevent through traffic and further congestion to the neighborhood to the east. 2. Prevent traffic congestion at the intersection of Cope Avenue and Van Dyke Street. 3. Allow the City to sell their property to the southwest or use it for a small park. 4 VOA more land to build more units. We received a mixed reaction from the neighbors about vacating Cope Avenue. Of the neighbors we surveyed, two said they wanted Cope Avenue vacated and two wanted the street put through. The owners of the undeveloped lot that is west of 2271 Hazel Avenue object to the vacation. They object because it would land -lock their property. See their letter on page 30.) In 1988, the City held a public hearing to put Cope Avenue through. The hearing notices went to a larger area than our recent survey. Most of the neighbors then opposed the street. The neighbors thought that putting Cope Avenue through would increase traffic through their neighborhood. There are three options for Cope Avenue: (I put them in order of preference.) 1. Vacate all the right -of -way, except the south half of the right -of -way next to 2271 Hazel Street. The south half of the vacated right -of -way would become part of the two lots to the south. The north half would go to the VOA site. The remaining 30- foot -wide right -of -way would maintain access for the lot that is west of 2271 Hazel Street. (I have shown this option on page 18.) The City Council would have to approve a private driveway to this lot, since it would not front on a public street. The City Code does not allow us to issue a building permit on a lot that does not 4 front on an improved public street. This option would end the option of building this section of Cope Avenue. 2. Vacate all of Cope Avenue between Van Dyke and Hazel Streets.. Make the vacation subject to VOA giving a driveway easement to the owners of the lot that is west of 2271 Hazel Street. This option also would end the option of building this section of Cope Avenue, 3. Take no action. This option would allow for a future street. There are some residents who want this street built. This option would reduce the VOA site by 0.18 acres. This would lower the maximum allowed density of the project by four one- bedroom units.. VOA would have to buy more land from the City or drop four units. 4. Deny the vacation and build a street now. A 1988 study by the City Engineer showed that building this part of Cope Avenue was feasible. The City could probably not sustain assessments to all the adjacent properties. The only property that would receive direct benefit from a street is the lot behind 2271 Hazel Street. If the Council chooses this option, they should order a new feasibility study. With Options One and Two above, the City should keep an easement for the existing utilities. Zoning Map Change Rezoning the VOA site to R -3 would be consistent with the Cites R-3(H) (residential high density) land use plan designation (page 19). It also would be consistent with the proposed assisted care living facility. Land Purchase or Density Variance VOA's project would exceed the City's density standards for senior housing. They would have 78 residents, based on the proposed mix of housing units and the City's density standards. The proposed mix includes 10 studio units (11 people), 50 one- bedroom units (55 people) and 6two - bedroom units (12 people). The Comprehensive Plan limits the 3.11 -acre site to a maximum of 71 people. VOA has three options. They could reduce the number of units, buy additional land or the City could approve a variance to the density standards. The VOA told us that their preference is to buy additional land for their site. This would avoid having the City setting a precedent for other senior housing projects. 5 Land Purchase The City originally bought the lot on the southeast corner of Cope Avenue and Van Dyke Street for additional street right -of -way. (See the intersection plan on page 25.) The City would need this right -of -way if the City were to rebuild the Cope Avenue/Van Dyke Street/Castle Avenue intersection. The City would not need the this property if the City vacates Cope Avenue between Van Dyke and Hazel Streets. The City would keep the south 114.32 feet. The City could sell the remaining property for a single dwelling. If the VOA would add 0.3 acres of property to their site, the project's 66 units would meet the City's density standards. VOA could buy the undeveloped lot that is west of 2271 Hazel Street or a 50- foot -wide piece of the City -owned lot at the corner of Van Dyke Street and Cope Avenue. On July 19, 1993, the Parks Commission reviewed the idea of developing the City's lot into a park. The Parks Commission recommended that the City sell lot to VOA. (See their minutes on page 47.) Having VOA buy this site would be consistent with some of the neighbors' requests for open space at this cornea An appraiser estimated the value of a 54- foot -wide piece of this lot at $14,865. If the City vacates Cope Avenue and sells this fifty-foot strip to the VOA, it would leave a 114- foot -wide lot for a single dwelling. This size lot would fit the character of the neighborhood. The other lots on the east side of Van Dyke Street are 82 to 134 feet wide. Density Variance If the VOA cannot buy additional land, they are requesting that the City approve a density variance. This would allow them to build all 66 units. They give several reasons in their letter on page 23 for their request. These include not having density standards specifically for assisted living facilities (the City has one set of density standards for all senior housing), and that the one - bedroom units always have one resident. (The City's density standards for senior housing use 1.1 person per unit.) VOA also states that the typical resident in the project would have less impact on City services than those in other types of senior housing. Parking Authorization The City has approved reduced parking and garage requirements for all past senior housing. (See the parking for other senior ro'ects on page 14.) The new VOA buildingPJPgg would have less parking per unit than the other senior projects in the City, but would be similar to Concordia Arms. Some of the projects that have more parking per unit are for younger seniors that may have vehicles. Most of the residents at the VOA project will not drive. Parking is primarily for visitors and staff. The proposed number of spaces should be enough. If a problem develops, VOA can add more parking. 2 Site Design Trail VOA is proposing a wood -chip trail along the Cope Avenue right -of -way. (See the attached site plan.) A trail would allow pedestrian and bicycle access between the commercial area and the residential neighborhood. The developer should pave this trailp with asphalt for durability, better appearance, easier maintenance (snow plowing and sweeping) and greater use (bicycles, pedestrians, wheel chairs, etc), Trees /Landscaping The Code requires that VOA replace up to 31 of the large trees (ten trees per acre) on the site. The proposed landscape plan exceeds this. (See the attached plan and the reduced plan on page 24.) VOA should increase the size of the proposed shade trees to 2 -1/2 inches in diameter as the Code requires. Maplewood Care Center Addition Before the City can issue a building permit for the Maplewood Care Center addition, VOA will have to submit building elevations to the Community Desi Review Board. Stop Signs on the Frontage Road The neighbors along the frontage road requested stop signs on the frontage road to slow traffic. The City Engineer does not recommend these signs. They would hinder the traffic flow. Stop signs are considered by the Council once each year. Par. king Lot Setback The Code requires that parking spaces be no closer than fifteen feet to dwelling windows. The parking spaces on the building's north side abut a covered porch (no windows or screening). . The architect told me that these spaces would be three feet from the porch and fifteen feet from the dwelling unit windows. The intent of the Code is to provide at least fifteen feet of yard between a parking lot and a dwelling. While this proposal meets the letter of the ordinance, it does not meet the intent. There is room to move the building to the south and increase the setback to the parking lot. A fifteen -foot yard between the porch and parking lot would improve the building's appearance from the Sherren Avenue driveway and make a more pleasant use of the porch for the seniors. 7 Tax- exempt Financing Tax - exempt financing reduces the interest rate for the developer's financing. The City is not liable for this financing. There is no loss of money to the City. This money normally would have gone to the Federal treasury. Tax - exempt financing is for the expansion or new construction of businesses that would provide a needed service, create new jobs or provide additional tax revenue. This project would provide a service for the area and create about 30 new full- and part -time jobs. There also would be a public benefit since the City would receive an administrative fee at the bond closing. The City has approved tax- exempt financing for at least eight other housing projects in recent years, -including the adjacent VOA Care Center. (See the list of projects on page 15.) The City has special design requirements for projects using tax- exempt bonds. A project using tax - exempt financing must include three mandatory design requirements and at least 8 of 21 optional design requirements. The VOA project meets all three of the mandatory design requirements and at least 10 of the 21 optional design requirements. The City does not have to approve the tax - exempt financing. As such, the City can negotiate conditions of approval. The City should require the developer to buy additional property as part of the tax - exempt financing approval. This is so the development would not need a variance from the City's density standards. RECOMMENDATIONS A. Approve the resolution on page 32. This resolution vacates the undeveloped alley north of Cope Avenue, between White Bear Avenue and the Maplewood Care Center. This vacation is subject to the City keeping a drainage and utility easement over the south ' 10 feet of the east 30 feet. The City should vacate this alley because it is in the public interest. It is in the public interest because: 1. There is no need for this alley. 2. The City does not build alleys. 3. The City has a policy of vacating unneeded alleys. B. Adopt the resolution on page 33. This resolution vacates part of the Cope Avenue right -of -way between Castle Avenue and Hazel Streets. This vacation is subject to the City keeping a public utility and trail easement over the right -of -way. The City should vacate this street because it is in the public interest. It is in the public interest because: 1. There is no need for this right -of -way. 2. The adjacent properties have adequate street access. 3. The vacation will prevent through traffic from going through the neighborhood to the east. 8 C. Approve the resolution on page. 35. This resolution changes the zoning of this property from R -1 (single- dwelling residential) to R -3 (multiple - family residential). The City bases this rezoning on the findings required by the City Code and that the R -3 zoning is consistent with the City's land use plan. D. Approve the sale of the north fifty feet (with Cope Avenue vacated) of the undeveloped lot on the southeast corner of Cope Avenue and Van Dyke Street for 14,865. The City declares this land as excess property because: 1. The City obtained this lot to build Cope Avenue. 2. The City does not now need this property for a street. 3. It is not in the public interest to construct Cope Avenue. E. Take no action on the density variance request. E Approve 92 fewer parking spaces than Code requires and no garages, since: 1. Most of the residents would not drive. 2. The City has allowed fewer parking spaces for similar seniors housing developments. The property owner shall add off - street parking if the City determines there is not enough parking. G. Approve the site plan and design standards notes (stamped August 12, 1993), the building elevations (stamped June 30, 1993) and the landscape plan (stamped August 20, 1993) for the Maplewood Assisted Care Living Facility and the changes to the Maplewood Care Center site. The City approves these plans subject to the following conditions: 1. This review must be repeated in two years if the City has not issued a building permit for this project. 2. All construction shall follow the approved plans. The Director of Community Development may approve minor changes in the plans. The Community Design Review Board must approve major changes. 3. Replace property irons that are removed because of this construction. 4. Restore and sod damaged boulevards. 5. Install a handicap - parking sign for each handicap - parking space. Handicap - parking stalls and signs must follow ADA requirements. 6. Submit plans for the fence along the east lot line; the trash - enclosure and the shed - enclosure fencing to the staff. The City will not issue a building permit until the staff approves these plans. 7. Increase the size of the deciduous shade trees to 2 -1/2 inch balled and burlapped (Code requirement). 8. Revise the grading, drainage, utility and erosion control plan to reflect the new parking lot design. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. The utility plan shall show any fire hydrants required by the City Fire Marshal. The City shall not issue a building permit until the City Engineer approves this plan. 9. Revise the site plan to: a. Remove the curb islands in the northerly parking lot if they are not to be built. b. Widen the drive aisle that serves the seven diagonal parking stalls west of the proposed building's main entrance to 22.6 feet. (Code requirement) C. Provide at least a fifteen -foot setback between the parking spaces on the south side of the Sherren Avenue drive and the porch. If Cope Avenue is not vacated, the building shall be moved south to meet the 30 -foot minimum setback from Cope Avenue. d. Replace the wood -chip trail with an eight- foot -wide paved trail. e. Move the dumpster to the west side of the southerly parking lot. Place the dumpster so it does not block or take up a parking space. f. Drop the stop signs proposed on the frontage road. 10. Before the City issues a building permit for the Maplewood Care Center addition, the Board must approve the building elevations. 11. Submit a cash escrow or an irrevocable letter of credit to the City for any required work that is not completed by occupancy. The amount shall be 150% of the cost of the unfinished work. VOA shall give the staff an agreement that will allow the City to complete any unfinished work. H. Adopt the resolution on page 36 and the Housing Finance Program on page 43. This resolution approves tax - exempt mortgage revenue financing for up to $12 10 million to construct the Volunteers of America assisted living facility. Approval is subject to the following conditions: 1. Meeting the City's requirements for tax- exempt mortgage revenue note financing. 2. The VOA buying enough additional property to meet the City' s density standards. 11 CITIZEN COMMENTS We asked the surrounding property owners for their opinion of these requests. The staff sent surveys to the property owners within 350 feet of the site. Out of 31 properties, we received 14 replies. Seven were for the proposals, five were against and two had no comment. Those for the requests had the following comments: 1. It vacates Cope Avenue. Putting the street through would not be in the best interest of the neighborhood. Also want to know how the lot behind will have access - from Hazel or Van Dyke? They mentioned using the City property on Van Dyke and Cope for a park. Is this in the planning? Nice idea for a small een spaceace ' p set in kind of a park. I object to any idea of having access to the parking lot on the south end of the nursing home from Cope Avenue. At the time the nursing home was built, it was stated that the home would have no access this way. We do not want delivery trucks using the neighborhood streets, nor any other traffic to or from the home or the new building using it. They should change the south parking lot of the home to green space and have all parking on the north end. Move the dumpster out of the south lot also. Make all deliveries from the north side. Niezgocki - 2271 Hazel Street) 2. I do not want the traffic Cope Avenue would bring to our street if it were to go through. (Garry - 2261 Hazel Street) 3. It would be a good buffer zone for Highway 36. (Lockery - 2256 Hazel Street) 4. I would like to see Cope Avenue extended to White Bear Avenue. (Lindgren - 2250 Hazel Street) 5. The assisted living facility would be the most desirable use of the property. Anderson - 2249 Craig Place) Those against the requests had the following comments: 1. When, oh when, is the nursing home going to quit making us a "buffer "? We are not against senior housing per se - against being squeezed out and a lower value of home - we have realtors proof! The frontage road - cannot hold more traffic - or for that matter more noise - (from trucks, etc.). Their wood fence is not a noise barrier!! Right now we have a vacant HUD home at 1922 Castle - another to the east of us is going soon! Why not have them take the three of us -and put in a courtyard -and underground tunnel to connect them ?? makes more sense! We will protest loud and clear. (Themmes - 1928 Castle Avenue) 12 2. Added traffic on Hazel Street North. (Chiconis - 2264 Hazel Street) 3. We still would like to see single- dwelling homes in this area. If that is impossible, we cannot comment on any plans that the VOA might have without seeing what they have in mind. Besides, they really haven't been very good neighbors in that they have not taken very good care of their property and fence along Cope Avenue and our property line to the point of it being an eyesore in our neighborhood. What's to stop them from bringing down our neighborhood even more? (Gehrke - 1917 Cope Avenue) 4. I want Cope Avenue to go through to White Bear Avenue. (Bambach - 2256 Craig Place) 5. See the letter on page 30. 13 REFERENCE SITE DESCRIPTION Area: 3.11 acres Existing land use: Undeveloped Property Owner: Volunteers of America Care Facilities and Care Centers, Minnesota SURROUNDING LAND USES North: Existing parking lots for Maplewood Care Center East: Maplewood Care Center and houses on Cope and Castle Avenues. The Maplewood Care Center is a three -story 156 -bed nursing home. South: Cope Avenue right -of -way. South of the right -of -way is asingle- family home, an undeveloped lot (privately owned) and City -owned lot on the corner of Cope Avenue and Van Dyke Street, West: Castle Avenue (frontage road) and White Bear Avenue PLANNING Proposed Density: 21.2 units per acre. Section 412.851 of State Statutes states that no vacation shall be made unless it appears in the interest of the public to do so. Land Use Plan designation: R -3H (multiple dwelling) Zoning: R -1 (single dwelling) The City has approved reduced parking and garage requirements for all past senior housing. These projects include: 1. Concordia Arms: 100 spaces for 124 units or .8 space per unit. 2. Hazel Ridge: 75 spaces for 75 units or 1 space per unit. 3. Casey Lake (Harmony School site —never built): 62 spaces for 62 units or 1 space per unit. 4. Village on Woodlynn: 87 spaces for 60 units or 1 space for each 1.5 units. 14 5. Carefree Cottages of Maplewood: 1 space for each 1.5 units. The VOA project would have 40 spaces for 66 units or 1 space for each .6 units. The VOA project is similar to an assisted living project for seniors in Roseville called Rosewood Estates. This project has 68 units. I have visited this project at different times and days. They have had between 9 and 14 cars parked there. Parking lot setback requirement: Section 36- 109(a) of the City Code requires that "An open parking stall shall be a minimum distance of fifteen feet from a dwelling -unit window." SITE HISTORY February 1, 1968: The City Council vacated Hazel Street from Cope to Castle Avenues. June 26, 1969: The City Council approved building and site plans for the Maplewood Care Centex COPE AVENUE HISTORY October 1985: The City Engineering Department prepared a feasibility study for building Cope Avenue between Hazel and Ariel Streets. This study also determined the alignment of Cope Avenue from White Bear Avenue to Hazel Street. June 1988: The City Engineering Department updated the feasibility study for Cope Avenue. June 27, 1988: The City Council ordered the construction of Cope Avenue (street and utilities) from Hazel Street to Ariel Street. The City built this project in 1989. PAST CITY ACTIONS ON OTHER TAX-EXEMPT HOUSING BONDS 10 -8 -84: The Council gave preliminary approval for $3.8 million of tax - exempt bonds for the Maple Ridge Apartments at 1695 East County Road D. 1- 14 -85: The Council gave preliminary approval for $5.8 million of tax - exempt bonds for up to 100 units for the Hazel Ridge Seniors Residence at 2696 Hazelwood Avenue. 2- 11 -85: The Council gave preliminary approval for $8.5 million of tax - exempt bonds for the 180 -unit Beaver Creek (Pondview) Apartments at 2565 and 2585 Ivy Avenue. 15 11- 25 -85: The Council gave preliminary approval for $6.5 million of tax- exempt bonds for the 116 -unit Harmony School (Casey Lake) Seniors Residence (County Road C and White Bear Avenue).. This was subject to construction beginning within one year. (The developers never built this project.) 12- 31 -85: The City issued $4.8 million of tax- exempt bonds to build the Silver Ridge Apartments. June 1986: The Council gave final approval of $2.9 million in tax- exempt bonds for the Century Ridge Apartments at 89 North Century Avenue. 1987 -88: The Council approved $2.,448 of tax - exempt bonds for the 60 -unit Village on Woodlynn project. The Council also approved $275,000 of tax - increment financing. 8- 28 -89: The Council approved $5 of tax - exempt bonds for the VOA Care Center. 12- 30 -91: The Council gave preliminary approval of $5.2 million of tax- exempt bonds for the 108 -unit Carefree Cottages of Maplewood. SENIOR HOUSING NEED The current demand looks good for senior housing in the Maplewood area. The waiting lists for the Village on Woodlynn, the Cottages of North St. Paul and the Carefree Cottages of Maplewood total more than 300 people. As the baby boom generation ages, there should be a growing need for senior housing. The developer had Health Planning and Management Resources, Inc. of Edina do a market feasibility Ystud in 1992 for the potential development of assisted living facility. This study showed a need for at least 111 assisted living units in the northeast Saint Paul area (Maplewood, North Saint Paul and White Bear Lake) by 19960 INFORMATION ABOUT THE ASSISTED CARE WING FACILITY The assisted care living environment respects the individual's right to privacy. It also works to relieve the stress of the threat of institutionalization by providing a home -like residential) setting. The proposed facility would be for seniors who now are living with, or getting help from, family members (being the care givers) . It also is for seniors who are living in their own home with no services. Such people often have their health deteriorate because they do not get the services or help they need. The proposed facility would not have the extensive regimentation and health professional supervision that a skilled care nursing facility would provide. 16 The physical setting of the building includes private space and common space. The private space would typically be in one - bedroom apartments. This would include individual sleeping space, full baths, kitchen space, lockable doors, individual temperature controls and personal furnishings. There also would be community spacetYp including a dining room, laundry, living rooms, library and a television lounge. The developer is proposing rents of $1 per month for an alcove (studio) unit to $1 , 800 per month for a two- bedroom unit. COMPETITIVENESS WITH EXISTING SENIOR RESIDENCES The proposed project would not directly compete with the Cottages, Archer Heights or Concordia Arms residences. This is because the VOA facility would have more services available and the VOA intends it for less mobile older persons. The design of thispSn development would most likely attract persons similar to those living at Hazel Ridge. Hazel Ridge's rents range from $755 to $995 for one bedroom and $915 to $1,300 for two- bedroom units. These rents include a laundry on each floor. Health aids and dining are available at Hazel Ridge for additional costs. Hazel Ridge has 16 parties on their waiting list. Since the City approved tax-exempt financing for Hazel Ridge, ispgge reasonable to approve similar financing for the VOA project. go:b- 5:voa3.mem (11) Attachments: 1. Location Map 2. Land Use Plan Map 3. Property Line /Zoning Map (Existing) 4. Property Line /Zoning Map (Proposed) 5. Property Line Map (Cope Avenue Street Vacation) 6. Proposed Site Plan 7. Proposed Landscape Plan 8. 1985 Feasibility Study Street Map 9. VOA Zone Change Statement 10. VOA Density Variance Letter 11. Letter from Jeffrey Fenske 12. Alley Vacation Resolution 13. Cope Avenue Street Vacation Resolution 14. Zoning Map Change Resolution 15. Tom- exempt Financing Resolution 16. Housing Program 17. Density Variance Resolution 18. Parks Commission Minutes 19. Site Plan, Building Elevations and landscaping Plan (Separate Attachment) 1.7 Attachment 1 g RIDATZ • AVEsw-wqnE 3 Pond J RAMSEY COUNTY CoIiRT rn KOHIMtN AVE S v EDGEHtLL RD. ElONT AM m MKS A eROacs AVE. 3E)( TANT = AVIE. 3 t K i5i VS s GERWIS IEW AVE OR. w . 0 ft SU MIAFTJ AVE. I I'1RE/N II UbV Him"I I z CT. AVE. ' Z. , • •• , j• •, j • • •• ,• •• I W t. NORTH S4lNT Lakes t r N E. EVCv GERVAS AVE- AVEsw-wqnE AVE. /17FF. FKn Lake L36 COPE c.7 LARK < AVE. J ` n LALJW •., R0. o LAURIE RD. • t' AVE. v S o ®, BURKE AVE. 39 f - tpw* 400010 HARRIS AVE. ' :. • ROSEWQOO AVE. K ; R4 D r1U , ., •F ..•AV ' c. AVE. S. / • • f NORTH S AVE •• • • •.• • •. •• • 4 • •• i GMF MOLL. OWAY LOCATION MAP 4 N. 18 S NOW. - 1 ti ' • • r blame 77m now W Novel r L age i` ,:!t: il1 ' , , ate ,!Ir•• a..r. toll • lop ICI • ,,. Some a • ISM d s ® `_ a, 7- a INNIS se. mg no OEM Eione rir• tom •r + _ ',. ' T, tile. • - + •tea. 't_ .1.. tatit Attachment 3 63) 9lw 7) eg BALI —HAI I _ / C4)o 'off. 13 (3) ono 3i • 10 9 o 1 4 7 8 7 290 C C tie 1 0 pF joy` 4# lei A (,&,k ISO xx FOREST PRODUCTS to LBI F, P p 1 1925 1933 1941 1sop _ _ _ goo s o xx HIGHWAY 36 N Gptlis43023Z Y E 5 M'r .N Y 13.1 Wo Ho T. 430t3tTs - - - -- - - - -- - -! -- - - - 0 40" • _ r. ,r • 62t5 ' 17 19 I 25 2 5 6 7 8 9 1 0 i 4 Apt AW 1922 0 . co W 3 YAGA T r 4 i 3 E IN 30 171, to j , •• 7. s 147.39 s 2271 . ° 2272 l C t3 \. o (15} I I I f t o3 0 II3 3 , 2272 2271 W I 2264 W.2 1940 263 , 330 2260 ( 2261 W o. r: CGSeI2i— o — --. — , W t s'"'r =362oz 0 2255C ? 26 2 256C22'55 .. t o #) o I u.0% DAYCARE CENTER 4 u 22 ` 415 3 a c LARK . 2250 2249 • . VW-dc W 'v j4 61 &83 ors ` 2 5 c v N ` 2142 I 2 3 ` . .I 1 o _ oZo 5! o :d41 : R1 = SINGLE DWELLINGS R3 = MULTIPLE DWELLINGS NC = NEIGHBORHOOD COMMERCIAL LBC = LIMITED BUSINESS COMMERCIAL PROPERTY LINE /ZONING MAP 4 EXISTING) N PROPOSED ZONING MAP CHANGE (R7 TO R9) 20 Attachment 4P 4v c4) • 13 (3)co 050.i ( 170 ) 9 a 14 C' o m sZ90 1 s FOREST PRODUCTS0 * 1925 1933 1941 s o Poo #1 O HIGHWAY 36 r I 1 I N G Ot 14 T 1 o1 'o • H • t 43otZT.s f7Z II. K + ,r ,.,r w ; It' • . ; t I / p I 17 IS I 2 25 728 2 s,• • C/ 5 6 7 8 9 1 40 1 4 Ito • / 1F- 922 W 3 A T r•r ' V W r Oro o POO PROPOSED ALLEY VACATION 6 5 4 3 2 it I: a I i 2 1 10 9 7 a 3 3 • -_• -- AtATED_ N rT. r 1917 1937BALI -HAI IS 19 20 2I 3 r-• _ 252 7 116 17 19 I 7 28 2 f Of 17 23 24 ! 1 16 1 o ! L . tme- If 1/ 11 N N f COPE AVENUE i' ' 2272 17st4 •j s 2271 0 .0 1 ED STREET VACATION 3 „ 2272 2271 W 1 PROPOS _ 119402264 (It .. a 04 - - ooh t4i e oo _ _ ('- 2263 . j 2261 W ts, 33 o ( % • { 2260 _ - OTM . ct 2 o I W , r-, .= 262 04 ,, t!1 - C b 2256 2255 42255F..i 1 1 ) , DAYCARE CENTER Y l4 2256 a - p LARK ' W 2250 2249 •• • c 7 , N p • v CO , .s I 2 5 N 2242 0 1 2241 ' ..,4 R1 = SINGLE DWELLINGS R3 = MULTIPLE DWELLINGS NC = -NEIGHBORHOOD COMMERCIAL LBC = LIMITED BUSINESS COMMERCIAL PROPERTY LINE /ZONING MAP Q PROPOSED) N 21 Attachment 5 low rob, - GERVAI j,32.0 2.2 -.1 too 7,1 (4 I --. aft 74 SOv 100 05) 2.77gw. Ito 12 C In 33aoAp 141 13 .13)4) C=tA 13) N 10 a ff ova- 14 10 14 0 (7) tz t 3 Cs 15 G - 0 bit tf. 0 1 16 4ftj 100 01 x r VIKING HIGHWAY 36 HWY ESMT W 14WY &SMT T.S.'d323Z W.40 - T. H 4- T S. 4302-32.7 71 a i o T so Ito Lu a 12121f470) 07 C1481923r242 Ei& Los. s CC) PROPOSED ALLEY VACATION- 00 00 Of Z Of ow Lu Cl dq PROPERTY LINE MAP STAFF PROPOSED VACATION FOR COPE AVENUE IL Z - 1!3 12 11 10 9 A Z ' n C , T E C T w 1917 1927.1937 i 7 18 19 21 2 3 2 - W COPE AVENUES -1 ?8__t 3, qr 7 18 1 440 rolrn:2i 7 2 22 " .b%A 0 r227A 4 22 Attachment 6 Rtes own J93 "W" loans .s=•• a"WOM y p wi Wf s a few ob v4s w >R 7! 1r1aCt Omens t rk s=ir - wagns v .Wa>tf l it rM >t•f / 4M e r W ssir t3 w in Old ./WW7 OW QOksLkW ano fi • •tit .Z : • Ala Mama y =i = All MIa e1 t MC k Suave a =703 40:4 10101 v 1 11 0% in MW M we -C 4 W aZ / Mmi :F1 t as rmr !!*a r 1* WO of Wss / lop 1 i Il AL ate 7 am M aims M a 1!r 1Mpmn a wwt 3918 wows is • . \ ` ., \ \` in JANIM RIM / \, OWN Saw, INWOOD =4M 1 of Inl i1wd R "WOO" A 1wu s 7 / . • ` Ji of w Y 0lWO Maki It. 9 1• `4cclstesKa. - ssfttaet /lsmlo SL s Own ass qw "w an an anOItopsSOat-vw 3Srr a i-9w .! / `i7 t ; \\ •, \ \• \`. 3 IntelluwS - ! Jr1i+Rt RA / J` ! \ \ \, \. \ f Damn P-0 t4 - 01 veal alll ra"Ol !e•11 w . Moos M i 1 SMER 1 I -G-V`N 1 `.. \ ` Aiwa s4* r 1/k ", eu Upwal W 7Ub ! =1 44W AM arc - - a m C lit - j" r Imam R Cr. S. 31V r AI's 1[ M meow 1 WOOK 110lJ1.3 940 AM lr t Of .. ter / / ' j l :. \ fypl(r; , .. ` ••`'; ` 1 so t LIpUaw r*wr twal at MIt w t a S ! +Art n3s11 A • / -.+... I / ' - " \` k l - 1 1 ; \ \ so Samoa v T O O1R" - a gum am wL a area / MM Ws w 74 &W As014 IS rat - Al i,WrmO OWN of s stsw • w sea ip w Al WIN so ar rs VV - / - \` M r 040 s s a ism emir sa O•IM • • wL 0 U a wt elm CIFIS taw rr3sis IR s all ascot al. s frls / % / / 1 t 11 1 '• ;;' .., , ' yatltlMt! I sal! NOW • Ate OWNS 74. t *et L t t• IOIM nn KMW vor saws 49 Wt wWlk I. / , I % 1 • •. ;:'` \ ' ` :`• 1 tmn .AWor al a an ML t Morn • .Kass am ago A JL t . ewe as a+ Rasa a1L s wswee tat y / / , .t 1 1 1 a sv Ow s6 o oas a so low or ern• 2 dz% sr am WIN / / 1 \ ` some wwa.o 4 Wawa w K tew,lesc _r,s Tr 1aws• IF 64M r!t aD wL s sew = f!/ ,11ad M V / / O ' --. , • !. r j f / ` 1 alit• R1aI`y 1 1 at 1000, uL - - .,i.• --tom wRir[ sr - s ultinrt o. n[ Its 1 j t• t. r 1 w 1 • r• r .rr. r - w..rl r a W.? VACATED COPE AVENUE iTE PUN1 . x' -o N 001K MOO. w1la alaP i oaas si le. rows t W MAfW000 ASM CARE UIING FACIltY MAIUW000 N*SOTA VOLUNTEERS of AMERICA Lantz— oggio Architects. P.C. Ard+lmm Pbmm Carad llu ri2m nTfPa&way, Stile SAf1, FtMkwlaxl, rliralb, MIH SITE MAP 23 Q N Attachment 7 FA W*M.a s wr..r w.r. rr wnlP Ir w..s a..r. trlr• waft te' ,ice ''o" - - -- -- -- - t.r..a tuft NN r r try =r Sur \ emopm duo .4 wry t A nf r bO \ \.M M d ft Y I . J - dw+ •rte .Ar. wr r•- - - _ •-. - - - - . - - - \ ew &MOM MUM& f \ o•• ..rD SHERI" AVENUE lima rrb r . 1 Y`r do aft AV f..r w.r r r fpsmow •• \ \ YI ArtiIMl.rr / Yrrrlr"IowLrYr..r.rii. rMfr man" M. \ \r rr •r.r.n •.rte r ry ftw- ftofto Nowiw . r+r*I.+r.n..r.ra rwr.rw.. I ` .rr •.r.r I.r hrwr..r•.rbrrh&rpm r.,Mmemo" If fir I UYr i i r / 4 r MMr -: • , • I ! ' -- 1 .r-. - 1 ... i .•rte - - - - r - - - . - - r r .•... - _ .. - - >- - - VACAIM COPE AVENUE LANDSCAPE PLAN F i MAPI WOM AMM CARE WK FAaR i C F MAPLEW000 X*fQ5WA i VOLUNTEERS OF AMERICA W 1 A re •h M. rn rr • IO/• • MAf. MM .Y r. 1 • 1 • • • Lantz—I to Architects. P.C. 010 = flat , !Oq frok , cabub am PROPOSED LANDSCAPE PLAN Q N Attachment 8 TRUNK P i r f IP a . am i PROPOSED R.O.W. 40 ary OF MAPLEWOOD STORM SEW. ESM'T. cn AVE.j LARK I 1 II jl II Ii I II LAURIE RD. jIINI N- 200 0 "' 200 400 SCALE I ° = 200' i 1985 FEASIBILITY STUDY 25 Q N HIGHWAY aF fA J 0 O, MD CO VOLUNTEERS OF AMERICA HEA SERVICES 7530 Market Place Drive • Eden Prairie, MN 55344 • (612) 941 -0305 1.) a. No proposed development at this time b. No new construction Attachment 9 2.) The proposed re- zoning would be consistent with the neighborhood Land Use Plan (see attachment #1). The property is designated in the neighborhood plan R -3 or multi - dwelling. There is an existing Care Center on the property north and east of the proposed re -zone areas. To the west is Van Dyke and White Bear Avenue; to the south is Cope Street and _three property owners adjacent to the south edge of Cope. The western most 29th ft. of the property is owned by the City of Maplewood and the east 197 ft by private owners. R -3 re- zoning will enhance and protect the character of the adjacent residential and commercial properties by providing a "noise and visual buffer" between the high speed and volume of vehicles passing on White Bear Avenue and Highway #36, as well as, the commercial development to the west and southwest of the property. There are adequate public facilities to service the site; and egress to Van Dyke; storm sewer in Van Dyke; water services in Van Dyke. Any project at this time would be senior's oriented and would not require any school or park impact consideration. Additionally, the property as it is developed can and would address any existing issues of traffic and parking problems caused by the adjacent Maplewood Care Center. The existing property would be extremely difficult to develop as R -1 and by re- zoning to R -3, development will be encouraged and therefore an unsightly and hazardous property will be developed to improve the "quality of life" in the neighborhood. 26 Attachment 4ERS os ++ J p cp LJ VOLUNTEERS OF AMFR TC. A TTF Air Tu erwvTrue Eden Prairie, Minnesota 55344 -3692 612) 941 -0305 Fax (612) 941 -0428 August 11, 1993 Delivered Mr. Geoff Olson Community Development Department City of Maplewood 1830 E. County Road B Maplewood, Minnesota 55109 AUG Dear Geoff: I appreciate the effort and good communication ou and our - 'y y staff have providedwithregardtotheapprovalofVolunteersofAmerica's ro osed " FacilityppAssistedLivingFacilityinMaplewood. We are applying for a variance relative to density s shown in 'y yourr zon i ng standards.I refer to Table 5 Estimated Persons per Dwelling Unit and Planned 'g ed Maximum Density ofDwellingUnits . Per your explanation, the project would otentiall be apycategorizedas senior apartments, therefor the people limit would be for alcove 1.0 one-bedroo 1.1 and two -Bedroom 2.0. With the existing acreage in the site ( 3.1) theg approximate people on the sitecouldbe71. With our present mix of units, we have 10 Studioos 50 one bed rooms, and 6two - bedrooms or by your count 77 people on the site. We ask for consideration of variance to allow 77 eo le on the ' follows:p p e s i te. Our reasoning Your zoning standards and Table 5 does not address Assisted - ' ' 'Living Facilitiesspecifically. We submit to you that Assisted Living esidents profiles 'g p es are different than Independent Living Senior Residents . A artmentsp ) 27 Attachment 10, #2 Mr. Geoff Olson August 11, 1993 Page. 2 The profile of residents in one - bedroom units is: Average 82 years old 85% Female 40 % with some physical problem Living alone It is our experience that the one- bedroom units only have one occupant, therefore the constant should be 1.0 for Assisted Living Facilities for one - bedrooms. It is our experience that the two - bedroom units average 25 - 30% double occupancy, therefore the constant should be 1.3 for Assisted Living Facilities for two - bedrooms. There is a hardship created by the 1.1 constant being applied at this site due to the fact the units do not return revenue at 1.1 but rather at a 1.0 rate. Further there are no negative impacts to the City of Maplewood with regard to traffic, services, precedent, or other factors. The project has minimal traffic, minimal utility (water, sewer, etc.) and because of internal care, minimal emergency responses as compared to other multi -unit or multi-famil uses. There is no alteration of essential character of the area, rather an improvement to the area. The site is in keeping with the spirit and intent of the Ordinance. The project is consistent with the ordinance in that the number of units and types of units for this type of project, Assisted Living, is not addressed specifically by the Ordinance and; One - bedroom units in an Assisted Living Facility have only one occupant in actual use. 28 Attachment 10, #3 Mr. Geoff Olson August 11, 1993 Page 3 Therefore, the spirit of the ordinance is being met in that actual use is generating people /acre and the total count allowable on this site. Sincerel rky Y Andersen 6 President - Finance 29 Attachment .11 RITTER & FENSKE, LTD. ATTORNEYS AT LAW 461 UNIVERSITY AVENUE JEROME A. RITTER SAINT PAUL, MINNESOTA 55103 (612) 222 -6700 JEFFREY J. FENSKE FAX 222 -1263 June 2, 1993 Mr. Kenneth Roberts City of Maplewood Office of Community Development 1830 East County Road B Maplewood, MN 55109 Re; Neighborhood Survey for Proposed Zoning Changes for Maplewood Care Center Our File No. 1450 -1 Dear Mr. Roberts: Please be advised that I have been retained to represent Jerome and Maureen Da 1 nes regarding real estate located on Cope Avenue that would be affected by the proposed zoning changes requested by the owners of the Maplewood Care Center. Please allow this letter to be the responseofmyclientstotheneighborhood- survey that you sent to them dated May 24, 1993. My clients own property that fronts Cope Avenue in the middle of the block between Van Dyke and Hazel Streets and is legally described as: Except the East 150 feet, the North 110 feet of the East Half of Lot One { 1) , Block Three (3), Smith and Taylor's Addition. Approving application no. 3, the vacation of the street right -of --wayforundevelopedCopeAvenuebetweenVanDykeandHazelStreets, would result in my clients' parcel of real estate being land locked. T h i s interference with my clients' property right, the right of access, would result, in effect, in this property being taken by the C i ty a The implementation of this proposed street right -of -way vacation would so interfere with my clients' use of their land so as to constitute a taking. Implementation of this vacation would substantially reduce the value of my clients' property. As a< result, my clients object to the applications of the owners of the Maplewood Cage Center unless my clients would be adequately compensated for this interference by the City with their use of their real estate. My clients would certainly entertain proposals to compensate them for this interference; but, absent such compensation, my clients would strenuously object to the applications. 30 Mr. Kenneth Roberts June 2, 1993 Pa 2 If the Cit an proposals that the wish for us to entertain to deal with the issue raised in this objection, please forward those proposals to us for consideration as soon as possible'. Thank you., Sincerel R i TIER & FEN5KE LTD Jeffre J. Fenske JJF**Ih cc. Jerome and Maureen Dalnes' 31 ALLEY VACATION RESOLU770N WHEREAS, the volunteers of America (VOA) is . requesting that the Cl vacate thefollowingdescribedalley:ey: All the alley between Lots 1 -12 and Lots 18-27 '8 2 7 in Block 9, Dearborn Park betweenthevacatedHazelStreetandtheeastlineoftheright -of -way for White Bear Avenue. WHEREAS, the history of this vacation is as follows: 1. A majority of the property owners abutting this alley signed a petition for thisvacation; 2. On September 8, 1993, the Planning Commission recommended that the CityCouncilapprovethisvacation, 3. The City Council held a public hearing on September 27, 1993. City staffpublishedanoticeintheMaplewoodReviewandsentnoticestotheabuttingpropertyowners. The Council gave everyone at the hearing a chance to speakandpresentwrittenstatements. The Council also considered reports andrecommendationsfromtheCitystaffandPlanningCommission. WHEREAS, after the City approves this vacation, public interest in the property willgotothefollowingabuttingproperties: Lots 1 -9, Block 9 (including vacated Hazel Street accruing) and Lots 18 -27,Block 9 (including vacated Hazel Street accruing), Dearborn Park, NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described vacation for the foll owing reasons: 1. There is no need for this alley. 2. The City does not build alleys. 3. The City has a policy of vacating unneeded alleys. This vacation is subject to the retention of a drainage and utility easement over thesouth10feetoftheeast30feet. Adopted on 1993. 32 STREET VACATION RESOLUTION WHEREAS, the Volunteers of America is requesting that the City vacate the following described street: The Cope Avenue right -of -way between Lots 13 -27 in Block 9, Dearborn Park and Block 3, Smith and Taylor's Addition to North Saint Paul that is between the west line of Hazel Street extended and the east line of Van Dyke Street extended and the right -of -way for White Bear Avenue, except the south 30 feet of the east 154 feet. WHEREAS, the history of this vacation is as follows: 1. A majority of the property owners abutting this street right -of -way signed a petition for this vacation; 2. On September 8, 1993, the Planning Commission recommended that the City Council approve this vacation. 3. The City Council held a public hearing on September 27, 1993. City staff published a nonce in the Maplewood Review and sent notices to the abutting property owners. 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 City approves this vacation, public interest in the property will go to the following abutting properties: Lots 13 -27, Block 9 (including vacated Hazel Street accruing), Dearborn Park, (Pin 11- 29- 22 -32- 0011); the west one -half of Lot 1, Block 3, Smith and Taylor's Addition to North Saint Paul (Pin 11- 29- 22 -33- 0022); except the east 150 feet, the north 110 feet of the east one -half of Lot 1, Block 3, Smith and Taylor's Addition to North Saint Paul (Pin 11- 29 -22 -33 -0023) and; the east 150 feet of the north 110 feet of Lot 1, Block 3, Smith and Taylor's Addition to North Saint Paul (Pin 11- 29- 22 -33- 0024). NOW THEREFORE, BE IT RESOLVED that the City Council approve the above - described vacation because it is in the public interest. It is in the public interest because: 1. There is no need for this right -of -way. 2. The adjacent properties have adequate street access. 3. The vacation will prevent through traffic from going through the neighborhood to the east. 33 This vacation is subject to the retention of a public trail and utilit asement over thetY right -of -way. Adopted on , 1993. 34 RESOLUTION: ZONING MAP CHANGE WHEREAS, the Volunteers of America (VOA) applied for a change in the zoning mappfromR -1 (single dwellings) to R -3 (multiple dwellings). WHEREAS, this change applies to the property located east of White Bear Avenue and between the vacated Sherren and Cope Avenues. The legal description is:g Lots 1-27, Block 9, Dearborn Park (including streets and alleys accruing theretoyg . ) WHEREAS, the history of this change is as follows: 1. On September 8, 1993, the Planning Commission recommended that the City Council approve the change. 2. The City Council held a ublic heating on September 2 7 1 3. City staffPgp99ty published a notice in the Maplewood Review and sent notices to the surrounding property owners. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports andp recommendations from the City staff and Planning Commission, NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the ro osed change or planppgp 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, efficientgpgl , and economical extension of public services and facilities, such as public water,r, sewers, police and fire protection and schools. S. The proposed change would be consistent with the existing and use plangp designation for this property. Adopted on , 1993. 35 Attachment 15 Extract of Minutes of a Meeting of the City Council of the City of Maplewood, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Maplewood, Minnesota, was duly held at the City Hall in said City on day of 1993, at P.M. The following members were present-: and the following were absent: Member the introduced the following resolution and moved its adoption: RESOLUTION RECITING A PROPOSAL FOR A FINANCING PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT, GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C AUTHORIZING THE ISSUANCE OF HEALTH CARE FACILITY REVENUE BONDS, AND AUTHORIZING THE PREPARATION OF NECESSARY DOCU14ENTS AND MATERIALS IN CONNECTION WITH THE PROJECT AND PROGRAM VOA CARE CENTERS, MINNESOTA PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 36 245749 RESOLUTION RECITING A PROPOSAL FOR A FINANCING PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT, GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE PROGRAM PURSUANT TO MINNESOTA STATUTES CHAPTER 462C AUTHORIZING THE ISSUANCE OF HEALTH CARE FACILITY REVENUE BONDS, AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT AND PROGRAM VOA CARE CENTERS, MINNESOTA PROJECT) a) WHEREAS, Minnesota Statutes, Chapter 462C (the "Act "), confers upon cities the power to issue revenue bonds to finance a program for the purposes of planning, administering, rmakingo loans wit gpurchasinghrespecttooneormoremultifamilyhousingdevelopmentswithintheboundariesofthecity; and b) WHEREAS, the City of Maplewood, Minnesota (the "City ") ,has received from the VOA Care Centers, Minnesota, a Minnesota nonprofit corporation (the "Company"),, r0aproposalosal that the CityundertakeaprogramtofinanceaProjecthereinafterdescribed,through the issuance of revenue bonds or obligations in one or more series (the "Bonds ") pursuant to the Act; and c) WHEREAS, the City desires to: facilitate the development of rental housing and an existing health care facility within the community; encourage the development of affordable housing opportunities for residents of the City; encourage the development of housing facilities designed for occupancy primarily by elderly persons; and encourage the development of underutilized g P rutilized land within the boundaries of the City; and the Project will assist the City ginachieving these obi ect ivies ; and d) WHEREAS, the Company is currently engaged iYy n the business of operating a nursing home; the Project to be financed by the Bonds is the refunding of the City's outstanding Health Care Facility Revenue Bonds (VOA Care Centers, Minnesota Project), Series 1989, rehabilitation of an existing health care facility (being an existing nursing home of the Company), a multipurpose addition to the nursing home, and construction of 66 new multifamily rental housing units for occupancy primarilypYPrely bytheelderly, connected by a link to the existing nursing home located at 1900 Sherren Avenue in the City (the "Project"),, andwillresultintheprovisionofadditionalrent 'al housingopportunitiestopersonswithinthecommunity; and e) WHEREAS, the City has been advised by representativesoftheCompanythatconventional, commercial financing o a the capital costs of the Pro' g payPProjectisavailableonlyonalimitedbasisandatsuchhighcostsofborrowingthattheeconomicfeasibility 245749 37 of operating the Project would be significantly reduced; and the Company has also advised the City that with the aid of municipalfinancing, and resulting low borrowing osts the Pr 'g , ct is economically more feasible;' and f) WHEREAS, a public heari on the Project and the financing program therefor was also held on the date hereofafternoticewaspublished, all as required b MinnesotaY Statutes, Section 462C905 Subdivision 5, at which public hearinggallthoseappearingwhodesiredtospeakwereheardandwritten comments, if any, were accepted; and g) WHEREAS, no public official of the City has either a direct or indirect financial interest in the Project nor will anypublicofficialeitherdirectlyorindirectlyenefitfinanciallynciallyfromtheProject: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Preliminary ApRrovals The City hereby givesYYgpreliminaryapprovaltotheproposaloftheCompanythat the CityProjectdescribedundertaketheProabove, and the program of financing therefor in the form presented to the City Council consisting of the acquisition, construction, equipping and refinancing of a development consisting of a combination of multifamily housing and an existing' health care facility 'g ity withintheCitypursuanttotheCompany's specifications and ursuant t a revenue agreement bet p o between . een theCity and Company containing such terms and conditions (with provisions for revision from time totimeasnecessary) as may be necessary to rodYyproduce Income and revenues sufficient to pay, when due, the principal andpp interest iontheBonds n a total principal amount not to exceed 12,000,000, to be issued pursuant to the Act to finance the acquisition, • construction, equipping and refinancing f the Project. Said revenue g7eagreementmayalsoprovidefor the entireinterestoftheCompanythereintobemortgagedtothepurchasersoftheBonds, or to a trustee for the holder (s) of the Bonds. The City hereby undertakes preliminarily to issue its Bonds in accordance with such terms and conditions. 2. Financing Structure At the option of the Company, thepY,financing May be structured so as to take advantage of whatever means are available and are permitted by law to enhance the security for, or marketability of the Bonds• rov'p ided that anysuchfinancingstructuremustbeconsentedtobytheCity, Findinas On the basis of information available to theCityitappears, and the City hereby finds determines anddeclares: (1) that the Project constitutes a multifamily housingYgdevelopmentwithinthemeaningofSubdivision7ofSection 462C of the Act and consists of a combination of a multifamily 245749 38 housing development and a new or existing health care facility,as defined by Minnesota Statutes, Section 469 (2) that the multifamily housing development is designed and intended to be used for rental occupancy; (3) that the multifamily housingdevelopmentisdesignedandintendedtobe.used primarily byelderlyorphysicallyhandicappedpersons; (4) that nursing, and other healthmedicalcare , lth related assisted living services will be available on a 24 -hour basis in the development to the residents; (5) that the Project will be primarily occupied bYP Yelderlypersons; (6) that the availab of the financing under the Act and the willingness •g of the City to furnish such financingwillbeasubstantialinducementtotheCompanytoundertakethe Project; and (7) that the effect of the Project, ect i f , undertaken,will be to encourage the provision of additional multifamilyrentalhousingopportunitiestoresidentsoftheCity, and to promote more intensive development and use of land within the City. 4. Company to Pay Costs The Company has agreed, and it is hereby determined that, any and all costs incurred b the CityYinconnectionwiththefinancingoftheProject, whether or not the Project is carried to completion, will be Yaidb the Company. p 5. Assistance with Documents Briggs and Morgan,Professional Association, acting as bond counsel and Dougherty,g Bigelow Inc. ' r Y,Dawkins, Strand and Bi g , acting as investment bankers selected by the City with the consent of the Company, are authorized to assist in the re aration and reviewpP of necessarydocumentsrelatingtotheProjectandthefinancingprogramtherefor, to consult with the City Attorney, Company and purchasers of the Bonds (or the trustee for the purchasers of theBonds) as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the City for final approval. 6. Revenue. obligations Nothing-in this Resolution or thedocumentspreparedpursuantheretoshallauthorizethe expenditures of any municipal funds on the Project other than therevenuesderivedfromtheProjectorotherwiserantedtothehe City for this purpose. The Bonds shall not constitute a charge,al oreequitable, g 'lien or encumbrance, legal qu e, upon any property orfundsoftheCityexcepttherevenueandproceedslededtothePgpaymentthereof, nor shall the City be subject to any liabilitythereon. The holder of the Bonds shall never have the right to compel any exercise of the taxing power of the City to a the outstanding principal of the Bond to p ay g P P s or the Interest thereon, or toenforcepaymentthereonagainstanypropertyoftheCity. TheBondsshallreciteinsubstancet y that the Bonds, including theinterestthereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Bonds shall not 245749 39 constitute a debt of the City within the meaning-of any constitution or statutory limitation. 7. Authorization for Expenditures In anticipation of the issuance of the Bonds to finance all or a ortion of theP Project, and in order that completion of the Project will not be unduly delayed when approved, the Company is hereby authorized to make such expenditures and advances toward payment of that P ortion of the costs of the Project to be financed from the proceeds of the Bonds as the Company considers necessary, including the use of interim short -term financing, subject to reimbursement from the proceeds of the Bonds if and when delivered but otherwise without liability on the part of the City. 8. The actions of the City Council and staff in causingpublicnoticeofthepublichearingandindescribinghegeneralgg1 nature of the Project and estimating the principal amount of the Revenue Bonds to be issued to finance the Project and in preparing a draft of the proposed application to the Minnesota Department of Trade and Economic Development for approval of the Project, which has been available for inspection by the public in the offices of the Planning Director of the City from and after the publication of notice of the hearing, are in all respectsratifiedandconfirmed. 91 The Company shall enter into various agreements with the City which shall impose the following restrictions on the Company and the Project: a) Construction must begin by August 10, 1994. The City Council may grant a time extension if just cause is shown. b) Contracts entered into with Contractors doing work on the Project shall provide that: i) the contractor shall not discriminate in the hiring or firing of employees .on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. ii) the contractor shall compensate employeeswithwagesandfinancialremunerationasprovidedundertheUnitedStatesCode, Section 276A , as amended through June 23, 1986, and under Minnesota Statutes 1985, Sections 177.41 - 177.44. iii) the contractor shall be required to employ Minnesota residents in at least 80% of the jobs created by the project; and, at least 60% of the group shall be residents of the seven - county metropolitan area. 245749 40 Resident status under both of the above categories shall be determined as of the date of this resolution. However, if the contractor can show that these quotas are not feasible because of a shortage of qualified personnel in specific skills, the contractor may request the City Council for a release from the two residency requirements. The requirements shall continue for the duration of the construction project. iv) the contractor shall be an active participant in a State of Minnesota apprentice program, approved by the Department of Labor and Industry. v) all provisions of these tax - exempt finance requirements shall apply to all subcontractors working on the Project. c} The Company shall pay the administrative fee to the City determined in accordance with the City's guidelines at closing. d) The Company shall comply with the City's tax - exempt revenue requirements, including the optional design requirements. Adopted by the City Council of the City of Maplewood, Minnesota, this day of a 19930 Mayor ATTEST City Clerk 245749 41 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly 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, with the original on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance of revenue bonds. Witness my hand and the seal of the City this day of 1993. Clerk SEAL) 245749 42 0 Attachment 16 CITY OF MAPLEWOOD, MINNESOTA HOUSING FINANCE PROGRAM VOA CARE CENTERS, MINNESOTA PROJECT This housing finance program (the "Program ") is undertaken by the . City of Maplewood, Minnesota (the "City") to finance a Project (as defined and described in this document) to be owned and operated by VOA Care Centers, Minnesota, a Minnesota nonprofit corporation (the "Company "). The Project consists primarily of the construction and equipping of an assisted living senior housing facility of approximately 66 units (the Project "), to be constructed at 1900 Sherren Avenue, Maplewood adjacent to the Maplewood Care Center in the City f Maplewood,Y P , Minnesota, improvements to the Maplewood Care Center and thehe refunding of the City of Maplewood Health Care Facility Revenue Bonds, Series 1989 (VOA Care Centers, Minnesota . TheProject). ) Project will be operated as an elderly multifamily 'y ily rental housing development within the meaning of Minnesota Statutes, Section 462C.05, Subd, 4. The City will issue multifamily housing revenue bonds (the "Bonds ") pursuant to Minnesota Statutes Chapter 462C.07, Subd. 1, and loan the proceeds of the Bonds to the Company to - finance the Project . The City will issue the Bonds to finance the Project in the principal amount not to exceed $12,000,000. The City will loan the proceeds from the sale of the Bonds to the company pursuant 244241 43 to a revenue agreement (the "Loan Agreement ") by and between the City and the Company. The Company will be required, pursuant to the Loan Agreement, to make payments sufficient to pay when due the principal of, premium, if any, and interest on all the Bonds. The Bonds may be structured so as to take advantage of whatever means are available or necessary and are permitted by law to enhance the security for and marketability of the Bonds. Substantially all of the net proceeds of the Bonds (. the initial principal amount thereof, less amounts deposited in a reasonably required reserve or paid out as costs of issuance of the Bonds) will be used to pay the costs of the Project, .including any functionally related and subordinate facilities. The Project will be undertaken to further the policies and goals stated in the City's Housing Plan, under Minnesota Statutes, Chapter 462C and is consistent with the City's Housing Plan. The City has adequate existing capacity to administer, monitor and supervise the Project in order to insure that the Project will be consistent with the City's Housin g Plan. The Company will construct the Project in compliance with all applicable development restrictions, and all new construction and rehabilitation of the existing buildings is subject to applicable state and local building codes. The Company will be required to operate the Project in accordance with state and local anti - discrimination laws and ordinances. 244241 44 I The costs of the Project and the Program undertaken to finance the Project, including specifically the costs to the City, will be paid or reimbursed by the Company. 244241 45 DENSITY VARIANCE RESOLUTION WHEREAS, the Volunteers of America applied for a variance from the density requirements in the City's Comprehensive Plan. WHEREAS, this variance applies to the property east of White Bear Avenue and between the vacated Sherren and Cope Avenues. The legal description is:g Lots 1-27, Block 9, Dearborn Park (including streets and alleys accruing thereto) . WHEREAS, Table 5 of the Maplewood Comprehensive Plan limits RH (residential high density) areas to 22.8 people per gross acre,p p WHEREAS, the applicant is proposing an assisted care living facility with 25.1 people per gross acre. WHEREAS, this requires a variance of 2.3 people per gross acre. WHEREAS, the history of this variance is as follows: 1. On September 8, 1993, the Planning Commission recommended that the City Council approve this variance. 2. The City Council held a public hearing on September 27, 1993. 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 variance for the following reasons: Adopted on , 19930 46 Attachment 18 7) UNFINISHED BUSINESS A) SIGNS FORPAR,NS Director Odegard stated the park sign infototheCityCouncilwasintheac g information that will be Bent changes at this time. packet* The Commission had no Sign B) PARR PROJECTS Director Odegard distributed a * System "be on the _ Council Y Development memo that willJuly26thCit was reviewed and the Y 1 agenda. The list of improvementsitorderrevised. A recommendation willtoauthorizeX52,725 from the PAC Commer be made ve opment" items t be laced cial Fund for "Systems DePintheParkDevelopmentFund, 8 ) NEW BUSINESS A) HOME NEXT TO NATURE CEMRDirectorOdegardstatedthe white house ne is to the Maplewood NatureCenter (2669 Seventh Street East home. for sale. Mrs. Basler has beenmovedtoanursing 7 q appraisal will be made of the propertyY5x200 ), P Pe Y Commissioner Fischer MOVED - that - the Park an d Recreaffirmstheirdesiretoursuet reation Commissi0 Hassler ro rt e ft asand .include he ossibilit of ac irin theRartoftheMalewoodNatureCentersecondbygualley; Ayes: All, B) PROPERTY EAST OF HAZELWOOD PARR (KENND C)irector Odegard stated thkt COUNTY ROAD Hazelwood Park and the art Property has been purchased east of a .singlengle farail Y llindwe P y is requesting permission to build be n f g. To gain access to the propertrytoconstructadrivewayoffCountRoads it would unimproved Kennard Street ri ht -of -w Y ad C using the . 5 address this issue, g aY• The City Council will Director Odegard stated thattothenext2.6 acres it is Questionable about what hapadjacenttothispropertythawisownedLiLvaately (the owner of that prop wouldPey also need access). C) PROPOSAL AT VAN DYKE AND COPDirectorOdegardstatedthat the VolunteCenternearthissite. The proposing of America own a Care Assisted Living Facility Y are P °posing an addition of a 66 unit for a throw h street Y They would like Cope Street closed offg , add a trail, and develop a smalladjacentsouthpropertyline. The cit park an the Cope Streets come together (300' lon Y owns a lot where Van Dyke astatesthattheVOAwouldof g x 125' deep). Their proposal City would be responsible J develop the small park, but thponsibleformaintenanceoftrailtheparkand e The Park and Recreation Commission recommendedsoldtoVOA. onmended that the city lot be 9) COMMISSIONER PORTS Commissioner Christianson inquired aboutPark. He noticed the large croDirectorOde the weekend activity at Hazelwood Odegard stat g g ted that United Way rented the soccer facilities).Commissioner Fischer reviewed thetheNeighborhoodParkStud Maplewood Comprehensive plan anc noticeStudyAreas. There is considerable develo d he Pr'cnt intheKohlmanLakeareaatthistimeparklandavailable. = Questioned whether there was an Director Odegard had talks y d to Mr. Frattalone regardin the ugp rchase ofland, but the developer only indicated that he would think about it), 47 7- 1 ?4w 93 f4IJ( &46OIW't1F$iO4 Community Design Review Board -2_ Minutes of 8 -24 -93 VI. DESIGN REVIEW A. Maplewood Assisted Care Living Facility - Volunteers of America White Bear Avenue and Highway 36 (Section 11) Deborah Perry, Jay Harkins (architect), Alan Black, Angeline Soule and Joannie Callison were present representing Volunteers of America. Jay arkins architect foY r this project, said the recommended condition of the staff report requiring at least aPqg fifteen -foot setback between the parking spaces on the south side of Sherren Avenue drive and the porch may not be ossible if Cope Avenue is not vacated.P P The applicant asked that they not be required to pave the trail, but to leave it as a wood -chip trail. John Glassel, a neighbor, said he and some other neighbors want an asphalt trail rather than a wood -chip trail. Mr. Glassel said he does not want any access driveways from the parking lot to Cope Avenue. There were no other comments from the audience. Boardmember Robinson moved: A. Approval of the site plan and design standards notes (stamped August 12, 1993), the building elevations (stamped June 30, 1993) and the landscape plan (stamped August 20, 1993) for the Maplewood Assisted Care Living Facility and the changes to the Maplewood Care Center site. The City approves these plans subject to the following conditions: 1. This review must be repeated in two years if the City has not issued a building permit for this project. 2. All construction shall follow the approved plans. The Director of Community Development may approve minor changes in the plans. The Community Design Review Board must approve major changes. 3. Replace property irons that are removed because of this construction. 4. Restore and sod damaged boulevards. S. Install a handicap- parking sign for each handicap - parkin space. Handicap-P P parking stalls and signs must follow ADA requirements. 6. Submit plans for the fence along the east lot line, the trash - enclosure and the shed - enclosure fencing to the sta. e City will not issue a buildingff . The g permit until the staff approves these plans. Community Design Review Board -3- Minutes of 8 -24 -93 7. Increase the size of the deciduous shade trees to 2 1/2 -inch balled and burlapped. (code requirement) 8. Revise the grading, drainage, utility and erosion control plan to reflect the new parking lot design. The erosion control P lan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. The utility plan shall show any fire hydrants required b theqY City Fire Marshal. The City shall not issue a building permit until the City Engineer approves this plan. 9. Revise the site plan to: a. Remove the curb islands in the northerly parking lot if they are not to be built. b. Widen the drive aisle that serves the seven diagonal parking stalls west of the proposed building's main entrance to 22.6 feet. (code requirement) c. Provide at least afifteen -foot setback between the parking spaces on the south side of the Sherren Avenue drive and the porch. If Cope Avenue is not vacated, the building shall be moved south to meet the 30 -foot minimum setback from Cope Avenue. d. Replace the wood -chip trail -,with an eight- foot -wide paved trail. e. Move the dumpster to the west side of the southerly parking lot. Place the dumpster so it does not block or take up a parkin g space,ace. f. Drop the stop signs proposed on the frontage road. 10. Before the City issues a building permit for the Maplewood Care Center addition, the Board must approve the building elevations. 11. Submit a cash escrow or an irrevocable letter of credit to the City for any required work that is not completed by occupancy. The amount shall be 150% of the cost of the unfinished work. VOA shall give the staff an agreement that will allow the City to complete any unfinished work. B. Approval of 92 fewer parking spaces than code requires and no garages, since: L Most of the residents would not drive. Community Design Review Board Minutes of 8 -24 -93 2. The City has allowed fewer parking spaces for similar seniors housingdevelopments. The property owner shall add off -street parking if the City determines there is notenoughparking. Boardmember Erickson seconded AY es- -all VII. VISITOR PRESENTATIONS There were no visitor presentations. VIII. BOARD PRESENTATIONS There were no Board presentations. IX. STAFF PRESENTATIONS A. Board Member Representative for the September 13 City Council Meeting Secretary Ekstrand said he would ask Roger Anitzberger if he could represent theCommunityDesignReviewBoardattheSeptember13CityCouncilMeeting. MarieRobinsonsaidshemaybeavailableifRogercannotattend. X. ADJOURNMENT Meeting adjourned at 8:07 p.m. Planning Commission -14- Minutes of 9 -8 -93 This property is next to high voltage transmission lines. Purchasers should be aw that there is o going research on adverse exposure to a magnetic field ge erated by ghvoltage lines. As of May 1990, scientific or health cial ave made no risk assessments to resolve the health effects of or short term exposures to magnetic fields. Purchasers with conc about the exposures should contact competent medical or health* pect or agencies for current risk assessment information. If the developer deci'do to final plat pal of the preliminary plat, the City may waive any conditior'that do not apply t the final plat. Commissioner Fischeseconded Ayes-- A4ahl, Fischer, Kittridge, Pearson Nays-- Allenspach, Anitzberger, Gerke, Martin The motion fafiled. d. Maplewood Assisted Care Living Facility Ken Roberts, Associate Planner, presented the staff report and answered questions from the Commission. A representative from Volunteers of America gave a presentation. There were no comments from the p ublic. Commissioner Fischer moved the Planning Commission recommend: A. Approval of the resolution which vacates the undeveloped alley north of Cope Avenue, between White Bear Avenue and the Maplewood Care Center. This vacation is subject to the City keeping a drainage and utility easement over the south 10 feet of the east 30 feet. The City should vacate this alley because it is in the public interest. It is in the public interest because: 1. There is no need for this alley. 2. The City does not build alleys. 3. The City has a policy of vacating unneeded alleys. B. Adoption of the resolution which vacates part of the Cope Avenue right -of -way between Castle Avenue and Hazel Streets. This vacation is subject to the City keeping a public utility and trail easement over the right -of -way. The City should vacate this street because it is in the public interest. It is in the public interest because: 1. There is no need for this right -of -way. 2. The adjacent properties have adequate street access. 3. The vacation will prevent through traffic from going through the neighborhood to the east. Plug Commission -15 - Minutes of 9 -8 -93 C. Approval of the resolution which changes the zoning of this property from R -1 single dwellings) to R -3 (multiple dwellings). The City bases this rezoning on the findings required by the City code and that the R -3 zoning is consistent with the CiWs land use plan. D. Approval of the sale of the north fifty feet (with Copy Avenue vacated) of the undeveloped lot on the southeast comer of Cope Avenue and Van Dyke Street for 14,865. The City declares this land as excess property because: 1. The City obtained this lot to build Cope Avenue. 2. The City does not now need this property for a street. 3. It is not in the public interest to construct Cope Avenue. E. Adoption of the resolution which approves tax- exempt mortgage revenue financing for up to $12 million to construct the Volunteers of America assisted living facility and the Housing Finance Program. Approval. is subject to the following conditions: 1. Meeting the Cites requirements for tax - exempt mortgage revenue not financing. 2. The VOA buying enough additional property to meet the Cites density standards. F. Take no action on the density variance request. Commissioner Martin seconded Ayes - -all The motion passed. VI. VISITOR PRESENTATIONS There wed no visitor presentations. VII. COMMISSION PRESENTATIONS A. Representat e for the September 13 Council Meeting: Commissioner Allenspach VIII. STAFF PRESENTATIONS There wergino staff pres6atations. IX. ADJOURNMENT Meeting adjourned at 9:00 p.m. HR.A Minutes of 9 -14 -93 b. Volunteers of America (VOA) - Assisted Care Living Facility (Section 11) Ken Roberts presented the staff report. Jeff Anderson, Bev Perry and Allan Black of Volunteers of America were present and answered questions from the Commission. Commissioner Whitcomb moved the HRA recommend: A. Approval of the sale of the north fifty feet (with Cope Avenue vacated) of the undeveloped lot on the southeast corner of Cope Avenue and Van Dyke Street for 14,865. The City declares this land as excess property because: 1. The City obtained this lot to build Cope Avenue. 2. The City does not now need this property for a street. 3. It is not in the public interest to construct Cope Avenue. B. Adoption of the resolution which approves tax- exempt mortgage revenue financing for up to $12 million to construct the Volunteers of America assisted living facility and the Housing Finance Program. Approval is subject to the following conditions: 1. Meeting the City's requirements for tax- exempt mortgage revenue note financing. 2. The VOA buying enough additional property to meet the Cites density standards. C. Take no action on the density variance request. Commissioner Pearson seconded Ayes - -all PUBLIC HEARING NOTICE The Maplewood City Council invites you to a public hearing. This hearing is about a request to build a 66 -unit assisted care living facility. The applicant is VOA Care Centers of Minnesota. The location is White Bear and Cope Avenue. The Council willholdthishearingonMonday, September 27, 1993 at 7 p.m. in the City Hall Council Chambers (1830 East County Road B). The developer is requesting that the City do thefollowing: 1. Vacate the undeveloped alley between Castle Avenue and the vacated Hazel Street, 2. Vacate Cope Avenue between Castle Avenue and Hazel Street. 3. Change the zoning map from R -1 (single dwelling) to R -3 (multiple dwellings). 4. Sell part of the City -owed lot on the corner of Cope Avenue and Van Dyke StreettoVOA. The VOA wants to buy the north 20 feet of the Cites lot to the southandanadjacentthirtyfeetofthevacatedCopeAvenueforatotalof50feet. 5. Approve a variance to the City's density standards. Call Geoff Olson at 770 -4562 for more information. Sign language interpreters are available. You must request this service at leastast 96 hours in advance. Call 770 -4524 to make arrangements. PUBLISH: September 8, 1993 G -z MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Canada Woods East DATE: September 1 1993 INTRODUCTION Mr. ,Tack Menkveld, representing North Suburban Development., 'p nt, Inc., is proposing todeveloplotsforfourteenhomes. The ro • ect's name ' •p is Canada Woods East. This platwouldbeona7.56 -acre site along alter Street south ofg County Road D. (See the maps on pages 8 -10.) Mr. Menkveld is requesting that the City approve:rove: 1. Lot -width variances for Lots 6 and 7 Block 2. The City Code requires interior lotstobeatleast75feetwideatthebuildingetbackline.g Each of these two lotswouldbe60feetwideatthebuildingetbacklines. This r 'g r a variance of 15feetforeachlot. (See the variance statement on a epg 11.) 2. Front -yard setbacks of 185 feet for Lot 6, Block 2, 290 feet for Lot 7, Block 2 and140feetforLot7, Block 1. The Cit requires a maximumtYq front setback of thirty -five feet. (See the variance request statement on aqpage 11.) 3. Approve south - facing houses on Lots 6 and 7 Block 2 and on Lot 7, Block 1. TheCityCoderequiresthathousesfaceastreet. The ro osedpp houses on these lots Would face south rather than toward Walter Street, 4. Rear -yard setback variances on Lots 6 and 7 Block 2. The rear lot line of Lots 6and7, Block 2 would be their east lines. The Code requires -q Tres a .rear yard setback of20% of the lot depth. To build south-facing ouses on theseg lots Would requirevariances. The variances would allow the builder to use side-yard, y d, rather than rear -yard, setbacks from the rear lot lines. 5. Approve a preliminary plat for fourteen lots. The staff is recommending that the Council change the zoning map for the plat and1070CountyRoadD. This change would be from F (farm residential) to R -1 single- dwellings). BACKGROUND April 22, 1991: The City Council ordered the construction of Beam Avenue and WalterStreet (with utilities) to County Road D. The contractor finished this project in 1992. DISCUSSION Variances, Increased Setbacks and Building Orientation The pipeline and power line easements have- created the need for the variances, increased setbacks and change in building orientation. These changes would meet the findings required by State law and City ordinances. The easements create circumstances that are unique to the property. The owner did not cause these circumstances. Preliminary Plat Trees Trees cover much of the land that is south of County Road D and west of Walter Street. They are mainly 2- to 6- inch - diameter cottonwood and poplar trees. - There are two large eight inches or more in diameter) cottonwood trees west of Walter Street. The City's tree ordinance does not protect trees under 8 inches in diameter or box elder, cottonwoods or poplar trees. The developer's application notes and my field observations confirmed there are no large trees protected by the City's tree ordinance on the site. The developer plans to grade most of this site. He will have to remove most of the trees to do this grading. Soils The Ramsey Soil and Water Conservation District informed us that the soils on this site are suitable for development if the developer controls the erosion. The District recommends that the developer get specific soils data before developing the site. Power Lines and Pipeline Home buyers should be informed about the City's pipeline regulations and the potential hazard from high- voltage power lines. The City should require deed restrictions to do this. The City requires a disclosure statement about high- voltage power lines with truth - in- housing forms for lots next to high- voltage power lines. First -time buyers do not, however, get a truth -in- housing form. Zone Change The staff is recommending that the City change the zoning map for this plat and 1070 County Road D. The change would be from F (farm residential) to R -1 (single dwellings). The City has done this with previous plats that had an F zone. This change will bring the zoning into conformance with the proposed use. 2 RECOMMENDATIONS A. Approve the resolution on page 12. This resolution approves lot -width variances for Lots 6 and 7, Block Two. The City should approve these variances because: 1. The variances are because of circumstances that are unique to the property. The owner did not cause these circumstances. 2. The variances would not change the neighborhood's character. 3. The variances would meet the ordinance's intent since the lot width at the back of the lots would exceed the m mmum Code requirement. B. Approve a front setback of 185 feet for Lot 6, Block Two, 290 feet for Lot 7, Block Two and 140 feet for Lot 7, Block One because: 1. The new homes will not adversely affect the drainage of surrounding properties. 2. The setbacks are needed to build outside the NSP easement. The property owners must provide an all-weather driveway to each house. C. Approve south - facing houses on Lots 6 and 7, Block Two and on Lot 7, Block One because: 1. The new homes will not adversely affect the drainage of surrounding properties. 2. South - facing houses will: a) Create more privacy for the lots fronting on Walter Street. b) Provide a larger yard behind the house. The house on Lot 7, Block One shall be built up to the NSP easement. D. Approve the resolution on page 13. The resolution approves rear -yard setback variances for Lots 6 and 7. Block 2. The variances would treat the rear lot lines as side lot lines. The reasons are because: 1. The variances are because of circumstances that are unique to the property. The owner did not cause these circumstances. 2. The variances would not change the neighborhood's character. 3 3. The variances would meet the ordinance's intent, since the homes would face south and have larger rear yards with the variances. E. Approve the Canada Woods East Addition preliminary plat (received by the City on August 16, 1993). Before the City Council approves the final plat, a developer shall complete the following conditions: 1. Obtain the City Engineer's approval of final - construction and engineering plans. These plans shall include the utilities, grading, drainage and erosion control plans. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook, 2. The final plat shall have drainage and utility easements along all property lines. These easements shall be at least ten feet wide along the front and rear property lines and five feet wide on the side property lines. 3. Record covenants or deed restrictions with the final plat that: a. Prohibit the construction of a house or its attachments within 100 feet of a pipeline. b. Require the builders of the houses on Lots 1 and 2, Block 2 to install driveway turn - arounds with the construction of the houses. c. Include the following statement for each lot next to the NSP high- voltage power line easement: This property is next to high voltage transmission lines. Purchasers should be aware that there is ongoing research on adverse exposure to a magnetic field generated by high - voltage lines. As of May 1990, scientific or health officials have made no risk assessments to resolve the health effects of long or short term exposures to magnetic fields. Purchasers with concerns about the exposures should contact competent medical or health inspectors or agencies for current risk assessment information. If the developer decides to final plat part of the preliminary plat, the City may waive any conditions that do not apply to the final plat. F. Approve the resolution on page 14. This resolution changes the zoning of the plat and 1070 County Road D. The change is from F (farm residential) to R -1 single- dwellings). 4 CITIZEN COMMENTS We asked the surrounding property owners for their opinion of these requests. Staff sent surveys to the property owners within 350 feet of the site. Out of 16 properties, we received 5 replies. Three were for the requests, none were against, two had no comment. Those for the requests had the following comments: 1. Assessments still have to be paid and nobody is benefitting if the land is not developed and built. (Estate of Voya Piletich -the owner) 2. I do not believe the City should restrict setback other than the minimum. Frattal.one/Mogren Partnership) 3. We need more homes in our neighborhood and any new building helps our very poor economy being run by very poor democrats!. (Anonymous) 5 REFERENCE SITE DESCRIPTION Area: 7.56 acres Existing land use: Undeveloped, except Walter Street Property Owner: Estate of Voya Piletich SURROUNDING LAND USES North: Apartments across County Road D in Vadnais Heights East: Homes along County Road D South: Homes and lots on Walter Street West: A home at 1070 County Road D and undeveloped property in Little Canada PLANNING Proposed Density: 1.85 homes per acre. Lot Sizes: The average lot in the proposed plat is 23,200 square feet. This is similar to the surrounding lot sizes (13.,300-25,700 square feet) . The City Code - requires at least 10,000 square feet and 75 feet of width for each lot. All the proposed lots meet or exceed the City's lot area standard. Open Space: The Maplewood Open Space Committee did not rate this site. The City has not included this site in its park acquisition plan. REQUIRED FINDINGS Variances State law requires that the City make two findings before granting a variance: 1. Strict enforcement of the City ordinances would cause undue hardship because of circumstances unique to the property. Undue hardship means that: a. A person cannot put his/her property to a reasonable use under City ordinances. b. The problem is due to circumstances unique to the property that the owner did not cause. C. The variance would not alter the character of the area. Economic considerations alone are not an undue hardship if reasonable use for the property exists under the ordinance. 2. The variance would be in keeping with the spirit and intent of the ordinance. Increased Setbacks Section 36 -70 of City Code states that the City may allow a front setback of more than 35 feet if it would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1. The proposed setback would not affect the privacy of adjacent homes. 2. The proposed setback would save significant natural features, as defined in Section 9 -188 (the Environmental Protection Ordinance), 3. The proposed setback is necessary to meet City, State or Federal regulations, such as the pipeline setback or noise regulations. 4. The proposed setback is necessary for energy - saving, health or safety reasons. Building Orientation Section 36 -78 of City Code states that the City may approve a house that does not face a street if the house meets the findings required for increased setbacks. (See above.) kd;mem \canadawd (4) Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Proposed Preliminary Plat 4. Variance Statement 5. Lot Frontage Variance Resolution 6. RearYard Variance Resolution 7. Zoning Map Change Resolution 8. Project Plans (separate attachment) 7 ATTACHMENT 1 1/d 11AId IC 4JC1/-%Ll7C r r RD,O0 Kohienon Lu La KOHLMM AVE. ca,rn" Rojo c I PLAZA cut @ sl 2 ALVFJtADO DR . PALM n x° 4 3 BELLCREST DR W 3 MEhiDNN OR •..s CT. P s p CONNOR CC1 , a 'L NOR Al w AVE Am3 .D DO" o Cte • to GERAIk or* 0 1 ,•• • KW ppr 1 — AVE. 19 r U COPE e%T r.r• r LOCATION MAP SITE 4 N tip • • j•' %' : V LAVA 3 ti a BED vE. • .. ' : j , . • I • •g BEAM qT Q W C+r• pi Kohienon Lu La KOHLMM AVE. ca,rn" Rojo c I PLAZA cut @ sl 2 ALVFJtADO DR . PALM n x° 4 3 BELLCREST DR W 3 MEhiDNN OR •..s CT. P s p CONNOR CC1 , a 'L NOR Al w AVE Am3 .D DO" o Cte • to GERAIk or* 0 1 ,•• • KW ppr 1 — AVE. 19 r U COPE e%T r.r• r LOCATION MAP SITE 4 N ATTACHMENT 2 PROPERTY LINE / ZONING MAP SITE 4 N ATTACHMENT 3 Y;* • r . 1 s • •,''4•l,.. .•!..• f „• /..t.". ,... Pre 1 1 m i nary P 1 at . of • CANADA WOODS EAST ... 3 ,; f _ _ . se,.r:ly. t =i •• :: '` . Z. AW /1rw (#o&AroA;9 /•u#Jv . • .. s'i wares t - •s • :'i • , '; • • r a . . e,h •..: • " .. •y - AfAW'l L.iRltars) • /Jt /tl/ /man1 . y. . .Y .•x, .. :, .., j ! 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J Yr a '• r ,' Y•• f r • 1 . •f ' ' • r , , L '• ; r •1 •.t •••• ,r' f 1 P ' j, rs•~ ` r • ' tai l F • : .. r .. , Jr• _ '' - _Y - _. f.. • •T - 'l •.• • •) ri / .. ,.\ (' '' .1 r • l . , I - • :,.: « .. • t , ,' J;. me t. , ^" r F' ' ..,.i .,.' .' • .J., f.! \ ~ J ;: .r. . • ,r . 4 !S ' tM `'".. ~.• +,i! :..e,• ~`. : +'• 4 1 ` i• •a` 'w• Ak j r .' •.. . fit• 'rM .. ..• , . .t • r• !' t..... •• t . r • ,` •• .' ,. /,-• •, w,. ,, k. y •..,F, a• •.•• ,_j. .,,,• ., • •` Z r . r ..`. • w, r LEGAL DESCRIPTION * ` the Northwast quarter of the Northeast quarter of Section 4,tTownship21, Aangs 22. e.ceot the East 20 acres thereof one AUG •r•`• • _ ' Incept the West 200 feet of the North 433 feet thereof, according to the un,ts3 9 alss Government Purvey thereof, which lies 1 ` northerly of the followtnp described lint Commencing at that Northwe corner of sa Northwest quarter of Northeast quarter$ thence ee South u degrees 44 minutes 20 seconds fast (assumed 1 1t.....,, 11._.brlrlgl along West line of sold Northwest quarter of Northeast o t lime Nook Dou "Imp+tttt 1ti.quarter 4 dtatanee of •3'9.00 feet %n the point of beginning of m r the line to be herein described$ ther South BO degrees SO 1 . "„ Centrtl An wGtie ,$ w haleIN 20 4S seconds East to a point on the test line of the East 1r last 20 acr4'0es of said Northwest quarter of Northeast quarter distant 111116 1110111434. foot southerly of the North line Of sold Northwest quarter " of Northeast quarter and there terminating. Subject to road, • - t. _ - .Northern States Power easement, Amoco Pipe enlineeasement and es 64 Fee* other ssa•ents of record. fi hersti r certify that this platy we Proper" by me 9 Civil Ef* Ka GOtandthat1asadulyRegisteredLandturreyerunder +r •qr. sees .,. •f• Vf: - the law@ of the Mate of Mln/nssta. a r t+•e Q kney: RN Htw S _ Roy J. Anse ^ Rq. No.b27{ , Renw•(' I - -1 a I 1 . s• w / / PROPOSED PRELIMINARY PLAT N 10 ATTACHMENT 4 NORTH SUBURBAN DEVELOPMENT, INC. 8741 Central Ave N.E Blaine Mn. 55434 CANADA WOODS EAST VARIANCE REQUEST This application for preliminary plat approval is accompanied by the following request for variances: 14, Lot 6, Block 2, reduced lot width at setback line from 75' to 60' increased front yard setback to approximately 200' from maximum of 35' 29 Lot 7, Block 2, reduced lot width at setback line from 75' to 60' -increased front yard set back to approximately 360' f rom maximum of 35' 3* Lot 7 Block 1 increased f ront yard setback to approximately 120' from maximum of 35 These variances will help to satisfy the spirit of the subdivision regulations by providing maintainable size lots on a parcel of land with an existing public road and utilities installed and with the constrants of powerline and pipeline easements severely reducing the economic feasibility of a project. r - 1 , 6E - . :31 r 1 S 01 ' ( VARIANCE RESOLUTION WHEREAS, Mr. Jack Menkveld, representing North Suburban Development, Inc. applied for a variance from the City Code. WHEREAS, this variance applies to Lots 6 and 7, Block 2, Canada Woods East. WHEREAS, Section 36 -69 of the Maplewood Code of Ordinances requires a minimum lot width of seventy-five feet at the building setback line. WHEREAS, Mr. Menkveld is proposing two lots that are 64 feet wide at the building setback line. WHEREAS, this requires lot -width variances of 15 feet on each lot. WHEREAS, the history of this variance is as follows: 1. On September 8, 1993, the Planning Commission recommended that the City Council approve these variances. 2. The City Council held a public hearing on , 1993. 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 variances for the following reasons: 1. The variances are because of circumstances that are unique to the property. The owner did not cause these circumstances. 2. The variances would not change the neighborhood's character. 3. The variances would meet the ordinance's intent since the lot width at the back of the lots would exceed the minimum Code requirement. Adopted on 1993. 12 VARIANCE RESOLUTION WHEREAS, North Suburban Development, Inc. applied for variances from the City Code. WHEREAS, these variances apply to Lots 6 and 7, Block 2 of Canada Woods East. WHEREAS, the City Code requires a rear yard setback of 20% of the lot depth. WHEREAS, the houses on the above lots would be within that setback. WHEREAS, the history of this variance is as follows: 1. On September 8, 1993, the Planning Commission recommended that the City Council approve these variances. 2. The City Council held a public hearing on , 1993. 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 allow homes on these lots to use side yard setbacks from the rear lot lines for the following reasons: 1. The variances are because of circumstances that are unique to the property. The owner did not cause these circumstances. 2. The variances would not change the neighborhood's character. 3. The variances would meet the ordinance's intent, since the homes would face south and have larger rear yards with the variances. Adopted on 1993. 13 RESOLUTION: ZONING MAP CHANGE WHEREAS, the Director of Community Development is proposing that the City change the zoning map from F (farm residential) to R -1 (single dwellings). WHEREAS, this change applies to the properties located south of County Road D. between the Little Canada border and 1034 County Road D. The legal descriptions of these properties are: Except the west 200 feet of the north 433 feet and except the east 20 acres, the north 639.8 feet of the NW 1/4 of the NE 1/4 (subject to roads and easements) ion Section 29, Township 29 Range 22; and The west 200 feet of the north 433 feet of the NE 1/4 (subject to roads and easements) in Section 4, Township 29, Range 22. WHEREAS, the history of this change is as follows: 1. On September 8, 1993, the Planning Commission recommended that the City Council approve this change. 2. The City Council held a public hearing on , 1993. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff d Planning Commissionff . NOW THEREFORE, BE IT RESOLVED that the City Council approve the above - described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the properly 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. 14 5. The proposed change would be consistent with the proposed development and with the land use plan. Adopted on , 19930 1s Planning Commission -6- Minutes of 9 -8 -93 4) The Frattalone Addition will requjre a change in the Gervais Overlook lot lines. Ending this plat does not ; me at the City is against the development of this property. The City will co er tore applications based on the development standards in effect at th time of ew application. Commissioner Mari seconded Ayes- -all The motion C, Canada Woods East Ken Roberts, Associate Planner, presented the staff report and answered questions from the Commission. Jack Menkveld, of North Suburban Development, Inc., spoke representing the applicant. Some of the Commissioners were concerned with the proposed placement of the houses on Lots 6 and 7 of Block, 2. Mr. Menkveld said if Lots 6 and 7 of Block 2 and Lot 2 of Block 1 were eliminated, the house on Lot 5 would remain in the same position due to the location of the NSP easement. Commissioner Fischer moved the Planning Commission recommend: A. Approval of the resolution which approves lot -width variances for Lots 6 and 7, Block 2. The City should approve these variances because: 1. The variances are because of circumstances that are unique to the property. The owner did not cause these circumstances. 2. The variances would not change the neighborhood's character. 3. The variances would meet the ordinance's intent since the lot width at the back of the lots would exceed the minimum code requirement. B. Approval of a front setback of 185 feet for Lot 6, Block 2, 290 feet for Lot 7, Block 2, and 140 feet for Lot 7, Block 1, because: 1. The new homes will not adversely affect the drainage of surrounding properties. 2. The setbacks are needed to build outside the NSP easement. This approval is subject to the property owners providing an all-weather driveway to all three houses. C. Approval of south- facing houses on Lots 6 and 7, Block 2, and on Lot 7, Block 1, because: Planning Commission -- Minutes of 9 -8 -93 1. The new homes will not adversely affect the drainage of surrounding properties. 2. South- facing houses will: a. Create more privacy for the lots fronting on Walter Street. b. Provide a larger yard behind the house. The house on Lot 7, Block 1, shall be built up to the NSP easement. D. Approval of the resolution which approves rear -yard setback variances for Lots 6 and 7. Block 2. The variances would treat the rear lot lines as side lot lines. The reasons are because: 1. The variances are because of circumstances that are unique to the property. The owner did not cause these circumstances. 2. The variances would not change the neighborhood's character. 3. The variances would meet the ordinance's intent, since the homes would face south and have larger rear yards with the variances. E. Approval of the Canada Woods East Addition preliminary plat (received by the City on August 16, 1993). Before the City Council approves the final plat ap developer shall complete the foll owing conditions: 1. Obtain the City Engineer's approval of final construction and engineering plans. These plans shall include the utilities, grading, drainage and erosion control plans. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook 2. The final plat shall have drainage and utility easements along all property lines. These easements shall be at least ten feet wide along the front and rear property lines and five feet wide on the side property lines. 3. Record covenants or deed restrictions with the final plat that a. Prohibit the construction of a house or its attachments within 100 feet of a pipeline. b. Require the builders of the houses on Lots 1 and 2. Block 2, to install driveway turn- grounds with the construction of the houses. C. Include the following statement for each lot next to the NSP high- voltage power line easement: Planning Commission Minutes of 9.8.93 This property is next to high voltage transmission lines, purchasers should be aware that there is ongoing research on adverse exposure to a magnetic field generated by high - voltage lines. As of May 1990,scientific or health officials have .made no risk assessments to resolve the health effects of long or short . term exposures to magnetic fields.Purchasers with concerns about the exposures should contact competentmedicalorhealth .inspectors or agencies for current risk assessment information. If the developer decides to final plat part of the preliminary plat, the City maywaiveanyconditionsthatdonotapplytothefinalplat. F. Approval of the resolution which changes the zoning of the plat and 1070 County Road D. The change is from F (farm residential) to R -1 (singledwellings). There was no second. The motion died. Commissioner Kittridge moved the Planning Commission recommend: A. Approval of the resolution which approves lot -width variances for Lots 6 and 7,Block 2. The City should approve these variances because: 1. The variances are because of circumstances that are unique to the property.The owner did not cause these circumstances. 2. The variances would not change the neighborhood's character'. 3. The variances would meet the ordinance's intent since the lot width at the back of the lots would exceed the minimum code requirement. B. Approval of a front setback of 185 feet for Lot 6, Block 2, 290 feet for Lot 7,Block 2, and 140 feet for Lot 7, Block 1, because: 1. The new homes will not adversely affect the drainage of surroundingproperties. 2. The setbacks are needed to build outside the NSP easement. This approval is subject to the property owners providing an all-weather driveway to each house. C. Approval of south - facing houses on Lots 6 and 7. Block 2, and on Lit 7, Block 1,because: Planning Commission -9- Minutes of 9 -8 -93 1. The new homes will not adversely affect the drainage of surrounding properties. 2. South - facing houses will: a. Create more privacy for the lots fronting on Walter Street. b. Provide a larger yard behind the house. The house on Lot 7, Block 1, shall be built up to the NSP easement. D. Approval of the resolution which approves rear -yard setback variances for Lots 6 and 7, Block 2. The variances would treat the rear lot lines as side lot lines. The reasons are because: 1. The variances are because of circumstances that are unique to the property. The owner did not cause these circumstances. 2. The variances would not change the neighborhood's character. 3. The variances would meet the ordinance's intent, since the homes would face south and have larger rear yards with the variances. E. Approval of the Canada Woods East Addition preliminary plat (received by the City on August 16, 1993). Before the City Council approves the final plat, a developer shall complete the foll owing conditions: 1. Obtain the City Engineer's approval of final construction and engineering plans. These plans shall include the utilities, grading, drainage and erosion control plans. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook, 2. The final plat shall have drainage and utility easements along all property lines. These easements shall be at least ten feet wide along the front and rear property lines and five feet wide on the side property lines. 3. Record covenants or deed restrictions with the final plat that a. Prohibit the construction of a house or its attachments within 100 feet of a pipeline. b. Require the builders of the houses on Lots 1 and 2, Block 2, to install driveway turn - grounds with the construction of the houses. C. Include the following statement for each lot next to the NSP high- voltage power line easement: Planning Commission -1 p- Minutes of 9 -8 -93 This property is next to high voltage transmission lines. Purchasers should be aware that there is ongoing research on adverse exposure to a magnetic field generated by high - voltage lines. As of May 1990, scientific or health officials have made no risk assessments to resolve the health effects of long or short term exposures to magnetic fields. Purchasers with concerns about the exposures should contact competent medical or health inspectors or agencies for current risk assessment information. If the developer decides to final plat part of the preliminary plat, the City may waive any conditions that do not apply to the final plat. F. Approval of the resolution which changes the zoning of the plat and 1070 County Road D. The change is from F (farm residential) to R -1 (single dwellings). Commissioner Fischer seconded Ayes-- Axdahl, Fischer, Kittridge, Pearson Nays-- Allenspach, Anitzberger, Gerke, Martin The motion failed. Commissioner Martin moved the Planning Commission recommend approval of the resolution which changes the zoning of the plat and 1070 County Road D. The change is from F (farm residential) to R -1 (single dwellings). Commissioner Gerke seconded Ayes -- Allenspach, Axdahl, Anitzberger, Fischer, Gerke, Kittridge, Martin, Pearson The motion passed. Commissioner Martin moved the Planning Conunission take no action on this Proposal, but return the preliminary plat application to the applicant to modify Lots 6 and 7, Block 2, into a single lot. Commissioner Allenspach seconded Commissioner Martin withdrew her motion. Commissioner Martin moved the Planning Commission recommend approval of the Canada Woods East Addition preliminary plat (received by the City on August 16, 1993) Block 1, and modify Block 2 to combine Lots 6 and 7, shifting the proposed house pad to the proposed Lot 7 house pad. Before the City Council approves the final plat, a developer shall complete the following conditions: Planning Commission -11- Minutes of 9 -8 -93 1. Obtain the City Engineer's approval of final construction and engineering plans. These plans shall include the utilities, grading, drainage and erosion control plans. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. 2. The final plat shall have drainage and utility easements along all property lines. These easements shall be at least ten feet wide along the front and rear property lines and five feet wide on the side property lines. 3. Record covenants or deed restrictions with the final plat that a. Prohibit the construction of a house or its attachments within 100 feet of a pipeline. b. Require the builders of the houses on Lots 1 and 2, Block 2, to install driveway turn - arounds with the construction of the houses. C. Include the following statement for each lot next to the NSP high - voltage power line easement: This property is next to high voltage transmission lines. Purchasers should be aware that there is ongoing research on adverse exposure to a magnetic field generated by high - voltage lines. As of May 1990, scientific or health officials have made no risk assessments to resolve the health effects of long or short term exposures to magnetic fields. Purchasers with concerns about the exposures should contact competent medical or health inspectors or agencies for current risk assessment information. If the developer decides to final plat part of the preliminary plat, the City may waive any conditions that do not apply to the final plat. Commissioner Allenspach seconded Commissioner Kittridge said he did not see any improvement to the plat by combining Lots 6 and 7 into one lot. He did not feel the concerns about the length of the driveways and the privacy for the proposed houses on Lots 4 and 5 were being resolved. He felt the developer has agreement to add a buffer area to provide screening for Lots 4 and 5 and this should be considered. Commissioner Martin withdrew her motion. Commissioner Martin moved the Planning Commission recommend approval of the Canada Woods East Addition preliminary plat (received by the City on August 16, 1993), Blocks 1 and 2, and eliminate Lots 6 and 7 of Block 2 combining that property with Lots 1, 2 3, 4, and S. Planning Commission -12- Minutes of 9 -8 -93 Commissioner Allenspach seconded Commissioner Gerke said he has the same concerns with Lot 7 of Block 1 that he has with Lots 6 and 7 of Block 2 and suggested that the Commission consider eliminating Lot 7 of Block 1 also. Commissioner Martin said she considered that a cul -de -sac situation. The motion was voted on as follows: Ayes-- ARenspach, Anitzberger, Martin Nays-- Axdahl, Fischer, Gerke, Kittridge, Pearson The motion failed. Commissioner Pearson moved the Planning Commission recommend: A. Approval of the resolution which approves lot -width variances for Lots 6 and 7, Block 2. The City should approve these variances because: 1. The variances are because of circumstances that are unique to the property. The owner did not cause these circumstances. 2. The variances would not change the neighborhood's character. 3. The variances would meet the ordinance's intent since the lot width at the back- of the lots would exceed the minimum code requirement. B. Approval of a front setback of 185 feet for Lot 6, Block 2, 290 feet for Lot 7, Block 2, and 140 feet for Lot 7, Block 1, because: 1. The new homes will not adversely affect the drainage of surrounding properties. 2. The setbacks are needed to build outside the NSP easement. The property owners must provide an all- weather driveway to each house. C. Approval of south - facing houses on Lots 6 and 7, Block 2, and on Lot 7, Block 1, because: 1. The new homes will not adversely affect the drainage of surrounding properties. 2. South - facing houses will: a. Create more privacy for the lots fronting on Walter Street. Planning Commission -13- Minutes of 9 -8 -93 b. Provide a larger yard behind the house. 3. Privacy screening plantings shall be required between Lots 4, 5 and 6, Block 2, and Lots 6 and 7, Block 1. The house on Lot 7, Block 1, shall be built up to the NSP easement. D. . Approval of the resolution which approves rear -yard setback variances for Lots 6 and 7, Block 2. The variances would treat the rear lot lines as side lot lines. The reasons are because: 1. The variances are because of circumstances that are unique to the property. The owner did not cause these circumstances. 2. The variances would not change the neighborhood's character. 3. The variances would meet the ordinance's intent, since the homes would face south and have larger rear yards with the variances. E. Approval of the Canada Woods East Addition preliminary plat (received by the City on August 16, 1993). Before the City Council approves the final plat, a developer shall complete the following conditions: 1. Obtain the City Engineer's approval of final construction and engineering plans. These plans shall include the utilities, grading, drainage and erosion control plans. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook, 2. The final plat shall have drainage and utility easements along all property lines. These easements shall be at least ten feet wide along the front and rear property lines and five feet wide on the side property lines. 3. Record covenants or deed restrictions with the final plat that a. Prohibit the construction of a house or its attachments within 100 feet of a pipeline. b. Require the builders of the houses on Lots 1 and 2, Block 2, to install driveway turn- Grounds with the construction of the houses. c. Include the following statement for each lot next to the NSP high- voltage power line easement: Planning Commission .14. Minutes of 9 -8 -93 This property is next to high voltage transmission lines. Purchasers should be aware that there is ongoing research on adverse exposure to a magnetic field generated by high - voltage lines. As of May 1990, scientific or health officials have made no risk assessments to resolve the health effects . of long or short - term exposures to magnetic fields. Purchasers with concerns about the exposures should contact competent medical or health inspectors or agencies for current risk assessment information. If the developer decides to final plat part of the relimin plat , the City mayp Y. p tY Y waive any conditions that do not apply to the final plat, Commissioner Fischer seconded The motion failed. d. Maplewood Assisted Care Living Facility Ayes-- Axdahl, Fischer, Kittridge, Pearson Nays-- Allenspach, Anitzberger, Gerke, Martin Ken Roberts, ociate Planner, presente the staff report and answered questionsfromtheCommiion. A representative om Volunteers of America gave a presentation. Ther were no comments om the public. Commissioner Fische.r\,moved the I A. Approval of the res ution wh Avenue, between e Bear, vacation is subject to e City south 10 feet of the eas 30 E the public interest. It is ' e 1. There is no need for 2. The City does not b d 3. The City has a poli of v Commission recommend: vacates the undeveloped alley north of Cope venue and the Maplewood Care Center. This keeping a drainage and utility easement over the et. The City should vacate this alley because it is in public interest because: alley. lleys. cating unneeded alleys. B. Adoption of the resol 'on which vacates part of the Cope Avenue right -of -waybetweenCastleAveneandHazeltreets. This vacation is subject to the Citykeepingapublicu ' ty and trail eas ent over the right -of -way. The City shouldvacatethisstreetbauseitisintheblicinterest. It is in the public interest because: 1. There is no eed for this right -of -wa 2. The adjace properties have adequate street access. 3. The vacati n will prevent through traffic from going through the neighbor ood to the east. PUBLIC HEARING NOTICE The Maplewood City Council invites you to a public hearing. This hearing is about thefollowingrequest: 1. Lot -width variances for Lots 6 and 7, Block 2. The City o •tY de requires interior lotstobeatleast75feetwideatthebuildingetbackline. e. Each of these two lotswouldbe60feetwideatthebuildingetbacklines.feet for each g es. This requires a variance of 1hlot. 5 2. Front -yard setbacks of 185 feet for Lot 6, Block 2, 290 feet fo 1 140 feet for Lot 7 Block 1 r Lot 7, Block 2 andTheCityrequiresamaximum .five feet, front setback of th,irty 3. South - facing houses on Lots 6 and 7, Block 2 and on Lot 7, Block 1. The City coderequiresthathousesfaceastreet. The proposed houses on these lots would facesouthratherthantowardWalterStreet. 4. Rear -yard setback variances on Lots 6 and 7, Block 2. The rear lot line of Lots 6and7, Block 2 would be their east lines. Code requires arear -yard setback of 20%of the lot depth. To build south - facing houses on these lots would requirevariances. The variances would allow the builder to use side -yard, rather than rear.yard, setbacks from the rear lot lines. 5. A preliminary plat for fourteen lots. City staff is recommending that the City Council change dwellings). the zoning map for the plat and1070CountyRoadD. This change would be from F (farm residential) to R -1 (single The applicant is North Suburban Development, Inc. The Council will hold this hearingonMonday, September 27, 1993 at 7:30 p.m. in the City Hall Council Chambers (1830EastCountyRoadB). Call Geoff Olson at 770 -4562 for more information. Sign language interpreters aree available. You must request this 'in advance. q s servYee at least 96 hoursCall770 -4524 to make arrangements. PUBLISH: September 15 19939 G -3 MEMORANDUM TO:City Manager FROM:Thomas Ekstrand, Associate Planner SUBJECT:Conditional Use Permit LOCATION:2610 Highway 61 PROJECT:White Bear Mitsubishi Expansion DATE:September 12, 1993 INTRODUCTION Request Rick Kline,. of White Bear Mitsubishi, is asking for a conditional use permit (CUP). The permit would allow him to expand an existing maintenance garage. The purpose of the new .garage is to add an Oldsmobile franchise. The Oldsmobile factory is requiring a larger garage to have an Oldsmobile franchise. (See the letter on page 9.) The City Code prohibits maintenance garages within 350 feet of a residential zoning district. The proposed garage would be 315 feet from the residential district to the east. The existing garage is a nonconforming use. This means that it does not meet the current Code, but was legal at the time it was built. The Code allows the City to approve a CUP to expand a nonconforming use if the expansion would not have a significant effect on the development of the parcel as zoned. BACKGROUND July 27, 1993: The Community Design Review Board (CDRB) approved two additions to the White Bear Mitsubishi building. One addition would add storage and showroom space on the north and west side of the building. The other addition would add a parts room on the east side of the building. (See the site plan on page 8.) Mr. Kline proposes to use the additional storage space to expand his maintenance garage. DISCUSSION This proposal meets the findings for a CUP. The garage would not effect neighboring properties or impact the development of the parcel as zoned. The nearest residential development is a proposed Goff Homes double dwelling that would be 325 feet to the east. (See the map on page 7.) RECOMMENDATION Adopt the resolution on page 11. This resolution approves a conditional use permit to expand a maintenance garage at 2610 Highway 61. This permit is based on the findings required by ordinance and is subject to the following conditions: 1. All construction shall follow the site plan that the City stamped August 4, 1993. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started within one year of Council approval or the permit shall end. The Council may grant up to one one -year extension of the permit. 3. The City Council shall review this permit in one year. 2 CITIZENS' COMMENTS I surveyed owners of the thirteen properties within 350 feet of White Bear Mitsubishi. Two neighboring property owners replied. Lakeview Lutheran Church,1194 County Road C. had no comment. William J. Keefer 4111 Central Avenue, said: "I have no objection to this proposal." REFERENCE INFORMATION SITE DESCRIPTION Site size: 3.67 acres Existing land use: White Bear Mitsubishi car dealership SURROUNDING LAND USES North: undeveloped property and Lakeview Lutheran Church South: Connor Avenue and Royal Nissan West: Highway 61 East: Duluth Street and undeveloped property PAST ACTIONS August 27, 1984: The City Council approved a conditional use permit for White Bear Mitsubishi. The City Code had required" a CUP. for an automobile dealership in an M -1 light manufacturing) district. September 25, 1984: The CDRB approved the plans. PLANNING Land Use Plan designation and zoning: M -1 (Light Manufacturing) Ordinance requirements: Sections 36- 187(a) (1) and 36 -151 (b) (9) (C) requires that automobile maintenance garages be at least 350 feet from a residential lot line. Section 36 -17(e) requires that no existing building or premises devoted to a use not permitted in the district in which such building or premises is located shall be enlarged, reconstructed or structurally altered, unless: 1) Required by law or government order; or C 2) There would not be a significant . .gnl ant affect, as determined b the City throwernutYtY gh aconditionalusep , on the development of the arcel as zoned,d. Section 36-442(a) states that the City Council may approve a CUP based on findingsonethroughninelistedintheresolutiononpage11. go \b- 5:kline4.cup (9) Attachments: I. Location Map 2. Land Use Plan Map 3. Property Line /Zoning Map 4. Site Plan 5. Letter of Request dated August 3,6. Resolution 7. Site Plan date - stamped August 4, 1993 1993 (separate attachment) 4 A++ar-kmon+ 1 v v e g o •••v• V 1 VADNAIS HEIGHTS O • • • • •• • • 1 • • • • ,, , . , COUNTY RD. •D o L= 39W3 o Bc 1nBEAMAVE. '• • • •• M ` BEAM go rn kOH ID o Morkharm o , Kohhon Pond Gervl : Lo z KOHLMAN AVE. taiJCOUNTYC W C9 C = 0 P ACTDOOR EST' OR AIJA AE OR CT. ?go Gv• OR r } j z w CONNOR C0 AVE - CON NOR W AV DEMOS VE v DEMONT AvE, O BROOKS AVE BROOKS . mw U0 9 R00 CT. AVE 4 SEX TANT z GERVAIS AVE GERVAIS , 5 rp PKWY ci GRANDVIEW AVE. x YVIKINGDR. SHERREN AVE. Kn • OP PE LJ Lok•t CO AVE v J LARKK*PwVIKINGDR. _ nt n Lake AVE. LARK o ommIIIIIIIIIIIIIo ` , CO. RD. H LAURIE RD. shw LAURIE z P+ac w 3 LAURIE CT. , LELAND RD, a SAND URST z AVE. ia z BURKE G'7: Op o AVE.B ! CO. BURKE AV p 6(j E 6 E"LDRIDGE Pork (1) CHAMBERS ST (1) AVE. m BURKE AVE. oo ® ,, BURKE i AV ELDR IDLE AVE. 3 0 9- .ro Arlin• BE LA. ' 0ALMONT (, uRSE EVE. BELMONT AVE_.CO Q SKILLMAN AV. GO SKILL AN( ' CIERE KENW OOD KEU SKILL MAN AVE. HARRIS AVEr,• SH ROSEW00 o WAS L _ A L5 . • AN AY. AVE. 2 LOCATION MAP N 5 Attachment 2 interchange interchangeprincipalarterial684 Vadnais Heights OS R--3 M Known" BC malo Co. Rd. D Ile or M— i 4so i major collector : ; " m BCI1 i - '' l o 0BCNminorarterial _ £ Ream Ave- ro BC(M BC(M— R -2 B R -7 M -1 —3(W LBC O.s C +- ,. t R -1 Comy Cori C C j 1 00, collect'eE` °--' ; Il t r L -777F- •:•.•. R 4: O os i co BC LB R- P R major collector -- Q G M -1 mad rt jai _ FS H19hwaY 36 _' ----- int C t L C V m W « m CC V m m O E t HAZELWOOD LAND USE PLAN 6 Attachment - 3 GA COUNN ROAD 4 , " I 5D)srr o 5 } 6 33)2 rw e (z3 0 1 for c / 1 0 I Z r r 14 -.0. / p 140 tic ALP. In 20A .. Q c 4 , • Q' C t 6) n Co . 49 3 y I3 i 12 33 c Q. - / z3 70) -IA BEAR MITSUB ISH1 z GOFF HOMES 8• * DOUBLE DWELLIN not constructfr6t- t` PONDI Nr zu 7 y 1dbI +N ' / 103) (4 3 ; 5 r. '4W - AVE- iS tin CrC IJ p Il ED -QC pK t1 - -• 1 0 140 1 ` jV r 4 00 0 N t 5 ROYAL N /4 Vol N o le • 14 XiOW` 9• Holz WE cv N .O / fi 9 P LINE Zo M AP Attachment 4 1 ' RECENTLY APPROVED STORAGE ROOM ADDITION sisw... - - _ - GARAGE fit _ Alt Lo INC Lo E =11NG BUILDING ..- , opJ REC TLY APPROVED PARTS ROOM ADDITION CONNOR AVENUE - -- -- , I i SITE PLAN s 4 N Attachment 5. PHILLIPS•KLEIN Companies, Inc.General Contractors /Architects August 3, 1993 City of Maplewood Attention: Geoffrey Olson, Director of Community1830EastCountyRoadB Development Maplewood, MN 55109 Re: White Bear Mitsubishi /Rick Kline OldsmobileConditionalUsePermit Dear Mr. Olson: White Bear Mitsubishi and its owner, Rick Kline, seek approvalforaconditionalusepermittoexpandPtheircurrentservicefacilitiesat2610Highway61. The purpose of this expansiontoaccommodatetheadditionofanOldsmobilefranchisesBuildingexpansionincludingshowroom, parts, and storageCommunityD has already beenapprovedbytheComyesignReviewBoard. The expandedserviceareaandthenecessaryconditionalusepermitaretherequirementsofthefactoryytomovetheOldsmobilefranchise toMaplewood* Without restating the criteria used for approvalyourconditionalusepermitwewill PP oval of by numbers address them as appropriate 1• We believe the proposed service expansion is in conformitywiththecity's comprehensive plan and code bull of ordinances.When the original ding was built in 1984 no conditionalusepermitwasrequired. This is an existing se t expansion o g that shouldbegrantedanexPfitsfacilities. 2. The applicant believes that the expansionPnsion of his existingservicetothenorthwillnotchangetheexisitingorlannedcharacterofthesurroundingarea. P 3. The applicant believes that there i land values is no impact on thesurroundinguessincethisisanexpansionof anexistinguse. Certainly the value of the vaincrease* cant site will 4. The applicant believes that no dangerous, hazardous, ordeterminantaluseisinvolvedwiththeexpansionoftheservicefacility. 59 No new driveways are proposed with the expansion of theservicearea. The car dealership has direct access to andfromHighway619Theimpactonlocalstreetstrafficshouldbeminimumtozero* and increased 9 708 North First Street, Suite 334, Minneapolis, MN 55401 -612) 341-3081 FAX 341 -3240 Geoffrey Olson, Director of Community DevelopmentPage2P August 3, 1993 6. The existing facility is currently adequately served police an q y ed byutilitiesandPdfireprotection. No new streets orutilitiesarerequiredforthisexpansion. 7. The applicant believes that no additional cost for publicfacilitiesorserviceswouldbecreatedbythisexpansion. 8. The applicant believes that his proposed expansion natural or P does notdestroyanyscenicfeaturesinthearea. 9. The applicant is not aware of any adverse environmentalaffectswhichwouldbecausedbytheexpansionofhisservicebusiness. In summary, the applicant respectfully requests that thecouncilapprovehisrequesttoexpandtheservicebusinesspess fortheadditionoftheOldsmobilefranchiseattheexisitingWhiteBearMitsubishifacilityTheapplicantbelievesthattheadditionalemploymentandtaxbasecreatedbthisexpansionyPsionwillhaveapositiveeffectonthecityofMaplewoodwithveryminimal, if any, additional need for city services or facil ices. Very( truly youCs PHILIPS I ;LE III C upanies , Inc . Da'vid PhjlMps Architect wbm /8.9 ffil CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Rick Kline applied for a conditional use e • within permit to expand an automobilemaintenancegaragewithin350feetofaresidentiallotline. WHEREAS, this permit applies to 2610 Highway 61. T is:g y he legal description Speiser's Arbolada, subject to road and easement •s and vacated road, accruing andexceptNortheasterly3feet; Lot 12, also art of Lots 5 andd 10 lying northerly of aline240feetnortherlyofandarwiththeSouththlineofBlock1andallofLot4andLot11Block1. and Speiser's Arbolada, subject to road and easements a •and the vacated road accruing;part of Lots 5 and 10 lying southerly f a line 240 feet •Y et northerly of and par withthesouthlineofBlock1andallofLots6throughLot9, Block 1. WHEREAS, the history of this conditional use ermit is •p as follows. 1. On September 20, 1993, the Planning ommission r •g recommended that the CityCouncilthispermit. 2. The City Council held a public hearing on , 1993. City staffpublishedanoticeinthepaperandsentnoticestothesurroundingpropertyownersasrequiredbylaw. The Council gave everyone at the hearing a chance tospeakandpresentwrittenstatements. The Council also considered reports andrecommendationsoftheCitystaffandPlanningCommission, NOW THEREFORE, BE_ IT RESOLVED that the City Counciltyuncil approve the above -described conditional use P ermit because: 1. The use would be located, designed, maintained, d, constructed and operated to beinconformitywiththeCity's Comprehensive Plan andnd Code of Ordinances. 2. The use would not change the existing r 1 •g panned character of the surroundingarea. 3. The use would not depreciate property values. 4. The use would not involve an activity, process, 'Y ty, p , materials, equipment or methodsofoperationthatwouldbedangerous, hazardous, •g us, detnmental, disturbing or cause a nuisance to any person or property, because of excessive noise glare, 11 smoke, dust, odor fumes, water orvibration air Pollution, drainage, water runoff,general unsightliness, electrical interference or other nuisances. S. The use would generate only minimal vehicular traffic on local streets andnotcreatetrafficcongestionorunsafeaccessonexistingorproposedstreets. would 6• The use would be served by adequate public facilities and services,streets, police and fire protection including schools and parrs. , drainage structures, water and sewer systems, 7• The use would not create excessive additional costs for public facilities orservices. 8• The use would maximize the preservation of and incorporate the site's naturalandscenicfeaturesintothedevelopmentdesign. 9. The use would cause minimal adverse environmental effects, 10. There would not be a significant affect on the development of the parcel aszoned. Approval is subject to the following conditions: 1 • All construction shall follow the site plan that the City stamped August 4, 1993.The Director of Community Development may approve Honor changes. 2• The proposed construction must be substantially started within one year ofcouncilapprovalorthepermitshallend. The Council may grant up to one one-Year extension of the permit, 3. The City Council shall review this pernut in one year. Adopted 1993. 12 Planning Commission 2-Minutes of 9 -20 - V. NEW BUSINESS A. Conditional Use Permit: 2610 Highway 61 (Mitsubishi) (Section 9) Ken Roberts, Associate Planner, presented the staff report. Rick Kline was presentrepresentingtheapplicantandansweredquestionsfromtheCommission. There werenocommentsfromthepublic. Commissioner Martin moved the P lann ° .ng Commission recomme •mme nd approval of theresolutionwhichapprov ° °pp a conditional use permit to expand °at 261 o Highway 61, This e a maintenance garagepermitisbasedonthefindingsrequiredissubjecttothefollowingqbyordinanceandgconditions: 1 • All construction shall follow the site plan that the City stamped August 4, 1993.The Director of .Community Development may approve minor changes. 2• The proposed construction must be substantially started within one year ofCouncilapprovalorthepermitshallend. The Council may grant up to one one-year extension of the permit, 3. The City Council shall review this permit in one year. Commissioner Pearson seconded Commissioner Rossbach referred to the commercial property study which is underconsiderationbythePlanningCommission. Mr. Rossbach said he is opposed tocommercialpropertynexttoresidentialpropertywithoutasuitablebufferzone. HefeelsthatthisproposalwillbringmoretrafficontoCountyRoadCaffectingtheareatotheeastwhichisresidential. The Commission voted as follow Ayes-- Allenspach, Anitzber, er Axdg ahl, Fischer,Kittridge, Martin, Pearson Si ugmndik Nays -- Rossbach The motion passed. B. Kennard Street, North of -my Road (Lukins): Construction AVacation— Flandrau Street ( Se greement, Street Commissioner Sigm remove hi mshimse om participation oCommissionfort 's item p n the Planning PUBLIC HEARING NOTICE The Maplewood City Council invites you to a public hearing. This hearing isaboutarequestforaconditionalusepermittoexpandthemaintenancegarageatWhiteBearMitsubishiat2610Highway61. The Council will holdthishearingonMonday, September 27, 1993 at 7:50 p.m. in the City HallCouCouncilChambers (1830 East nty Road B). Call Geoff Olson at 770 -4562 for more information. Sign language interpreters are available. You must request this service atleast96hoursinadvance. Call 770 -4524 to make arrangements. PUBLISH: September 15, 1993 TO: City Manager FROM: City Engineer SUBJECT: Gervais Avenue, Project 88 -14— Assessment Objections DATE: September 20, 1993 Three objections have been received concerning the Gervais Avenue assessment. They areattachedforreference. The three objections have been presented on behalf of two propertyownersbythesomeattorney. The same eight points have been made on each objection. A September 1990 letter from. Winfield A. Mitchell is attached. This letter explains that inMr. Mitchell's opinion the three properties involved have. received a special benefit, and thatspecialbenefitexceedstheproposedassessment. Nothing has'changed since the original hearing in 1990. The proposed assessments arebasedonthesame $36.50'/front foot proposed in 1990. It has been verified that thehearingin1990alsoproposedatotalassessmentof $44,785.00 It is recommended that no adjustments be made based on the objections for the threepropertiesinvolved. KGH i Attachments September 13, 1993 Hand Delivered t 3 /" r' WRITTEN OB TO : CITY CLERK/PRESIDING OFFICER City of Maplewood 1830 East County Road B I Maplewood, MN 55109 RE: Improvement Name: Gervais 88 -14 Improvement No.: 6073 Property Description: SUBJ. TO , THE BEG AT NE CDR OF W 19ACRESOFNW1 /4 OF SW 1 /4 TH S TO N L OF MY NE TH NE TO PT 140 FTEAND260FTSFROMOOROFSDI9ACRESTHETOWLOFRYR /WTHNLYTHEREONTONLOFSD1/41 . 1 4 THNW4OF / W TO BEG BEING PART OFSWOFSEC10TN29RN220 PIN No.: 10- 29 -22 -32 -0002 Written objection is hereb amount y ma P ro de to the .above stated assessment andthereofontheabovestated the not limited to the following: P e Objections include, but are l The property, in whole or in part, Will not and does notreceiveaspecialbenefitfromtheimprovement; 2. The assessment, in whole or in part, is not uniform upon thesameclassofproperty; 30 The assessment exceeds the specialP benefit, if any, which theproperty, in whole or in part, derives from the .improvementgivingrisetotheassessment; 4. The assessment in whole or in part, is not distributed inproportiontothebenefitsreceivedandisunfair; 54P The assessment is not proportionate to the benefits accruing toallotherpropertyasaresultoftheimprovement. 60 The assessment, in whole or in part, is excessive. 70 The subject property is partially, unfairly, and unequallyassessedwhencomparedtootherproperty, 80 The raised grade level of the improved Gervais Avenuediminishedthevalueoftheproperty. Hartfor Langer Florence er Jay : anag2Edg on Street Paul, NIII 55117 L ? September 13, 1993 Hand Delivered WRITTEN OBJECTION TO: . CITY CLERK /PRESIDING OFFICER City of Maplewood 1830 East County Road B Maplewood, MN 55109 RE: Improvement Name: Gervais 88 -14 Improvement No.: 6073 Property Description: The North 204.7 feet of the North 1/2 of the West 19 acres of the NW 1/4 of the SW 1/4 of Section 10, Township 29, Range 22 t the West 4 g •except 33 feet thereof. PIN No.: 10- 29 -22 -32 -0003 Written objection is hereby ade toY the above- stated assessment and theamountthereofontheabove- stated erro Ob ePP' j coons include, but arenotlimitedtothefollowing : 1. The property, in whole or in part, will not and does notreceiveaspecialbenefitfromtheimprovement • 20 The assessment, in whole ro in part, is not uniform upon thesameclassofproperty; 3. The assessment exceeds the special nPbenefit, if any, which theproperty, in whole or in part, derives from the improvementgivingrisetotheassessment; P ovement 4. The assessment, in whole or in arp t, is not distributed inproportiontothebenefitsreceived, and is unfair; 50 The assessment is not rop portionate to the benefits accruing toallotherpropertyasaresultoftheimprovement 6. The assessment in whole or in part, is excessive, 7. The subject ro isPPertY partially, unfairly, and unequallyassessedwhencomparedtootherproperty, Y 8. The raised grade level of the improved Gery Avenuediminishedthevalueoftheproperty. Donald B. Regan 2866 White Bear venue Maplewood, MN 55109 September 13, 1993 Hand. Delivered WRITTEN OBJECTION TO: CITY CLERK /PRESIDING OFFICER o fCit Maplewood 1830 East County Road 8 Maplewood, MN 55109 RE: Improvement Name Gervais 88-1.4ImprovementNo.: 6073 Property Description: The West 433 feet of the North 204.7 feetoftheNorth1/2 of the West 19 acres oftheNW1/4 of the SW 1/4 of Sectionection 10,Township 29, Range 22 PIN NO.: 10- 29 -22 -32 -0004 Written objection is herebyby made to the above- stated assetthereofontheabove - stated ssment and the not limited to the ollowing:f Property. Obi ections include, but are 1. The property n whole or in part will not and does notreceiveaspecialbenefitfromtheimprovement; 2. The assessment in whole or in .part, is not uniformsameclassofproperty; upon the 3. The assessment exceeds the special benefit, if anproperty, in whole or in az-t Y, which the giving rise to th P derives from the improvementeassessment 40 The assessment, in whole or in part, is not distributed iproportiontothebenefitsreceivedandisunf n air; 50 The assessment is not proportionate to the benefitsallotherpropertyasaresultoftheimprovement, accruing to 60 The assessment, in whole or in part, is excessive 7. The subject property is Partially.. unfairly, aced and unequallyassessedwhencomparedtootherproperty, 80 The raised ad d gr e ro level of the improved Gervaidiminishedthevalueofthe s Avenue p onald B, Regan 2866 White Bear Avenue Maplewood, MN 55109 SALES • APPRAISALS RXALTOR 412 MIDWEST FEDERAL BUILDING 3T. PAUL. MINNESOTA 55101 1 a L. to 1 X) RX2 A" o• Septe.. ber 10 1490 Mr • Kenneth Hai Director o Public Works City of Maplewood 183 E. County Road H Maplewood, Minnesota 5.5109 RE: Maplewood Project No. 88 -14 rt Gervais Ave. Improvement Dear Mr. Haider: I have inspect propertiesinspectthethreeroerties for which objections to the p prooseda ecial assessments arising from the improvement, of Gervais Avenu e e east of English Street have been filed* It is my opinion that in each instance, the special benefits arising from the are equal to or exceed the special aasessment.improvements Parcel No 10-- 29 -22 -32 -0002 owned by Hartford and Florence Langer Jay La is an irregular shaped tract with 295 feet frontageandJy9 on Gervais Ave • The tract is one of three contiguous tracts owned b y He and J. Langer that are used currently for ..the equipment* Parcel No. 0002 manufacture and installation of ..ruck equipm i a roximatel 8D,378 square feet• The total assessmentcontainsapproximately 10, 767 =-50. The unit assessment is $0,126+/. per square foot. Prior to completion of the Gervais Avenue improvement, the propertyp had. no improved street fron + . t now d es . The use of the tractI fo grstora e of old truck and trailer bodies and miscellaneous equipment does not, in my opinion, constitute the highest and best uuse of the land. The manufacturing facility on the abutting Land s off bad from inadequate employee parking • The subject tract bett be used for that purposes A driveway from GervaicouldbettP Avenue to the property would provide adequate access. Parce N0.0 10- 29- 22-- 32 --00u3 and 0004 are contiguous parcels owned by Donald B.- Regan. The.two parcels should be considered as a single entit)o as there is no physical demarcation line between teem. Prior to the street improvement, neither parcel had improved street frontage can the north side . The only accea8 to Parcel 0003 was across Pdreel 0004 from English Street. Both parcels now have Suitable and convenient access from Gervais Avenue. The parcels are now vacant, except for an old quonset type garage building in the southwesterly corner of Parcel 0004. The building does not constitute a proper improvemen Parcel 0003 contains approximately 32,940 square feet; Parcel 0004 contains approximately 65,880 square feet. The combined area of the two parcels is 98,820 square feet, more cr less The total assessment for the two parcels is $21,900, which reduces to a unit rate of $0.22 per square foot of land area. 1 an SENT bY;HANNIGAN AND KELLY 9 - 10 - gip t1. 28i9 - E12 770459 7: 9 The improvement of Gervais Avenue enables the ro erties to bePP developed for an economic and profitable use, and in my opinion,provides special benefits in excess of tila special a©aessmerits for ea:oh parcel. 1 • Ver r t y t my yours, Winf Id Ae 'Mitchell ...._ ..._.... __._. —. WAN /Fm ' 1 i • t 1 t 1 2 -- T -z AGENDA REPORT To: City Manager Michael McGuire From: Director of Public Safety Kenneth V. Collins - Subject: Alcoholic Beverage OrdinanceOrdinanc -' Date: September 22, 1993 Introduction The Maplewood City Council recommended the review and updating of Ma p lewood'salcoholicbeverageordinance, Background The Maplewood City Council approved the first reading of this ordinance on September 13, 1993. There was one request for revision, and this revision is as follows: Section 5 - 35 and 5 - 72. Persons eligible to be issued licenses. The corporation or partnership which is the owner of an estab- lishment shall notify the city within 48 hours if the personlicensedastheprimaryandactingmanageroftheestablishment can no longer perform the duties of a primary and actin maner. gThisincludesbutisnotlimitedtoreassignment, termination or demotion. The corporation or partnership hall immediate havePythenewprimaryandactingmanagerapplyforalicense. Action Requ i r d Present to the City Council for their review and approval or recommended changes. KVC js Attachment SENT BY 5 - - 5 3 . t ? . 08P,1 BA; NN I UAIN' & KELLY 6 t ? 770 4-106, , 3/' 8 QRDINANCF NO, AN ORDINANCE AMENDING MAPLEWOOD'S ALCOHOLIC BEVERAGE ORDINANCE. T1-IE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS additions are underlined and deletions are crossed taut): Section 5 -5 is amended to read as follows: Sec. 5 -5. Drinking 32% alcohol beer or intoxicating liquor on public r e ru lie rte erty while trespassing can private property Nn prxson , shaall, tipon the, public streets, - _ , and public property or being trespasser upon the private premises of another, drink 3 alf , ohd, beer or intoxicating liquor. Sec. 5 -22. Hours of Sale, Hours of CorLumption. No flfa 3.2o malt liquor Section 5 -21 definitions is hereby amended to read: 1 . 2% mall liquor: 12% nl I 1j is ni 1 liaupr co n on -half Lf gng r n t of h bv w1u No T1 2 Ia1 h l by wei ht. Section III, 5 -22 hours of Sale, Hours of Consump is :mcnded to read:P No LW rg 3 Mall liauor shall be sold in the City between 1. - 00 A.M. and 5:00 A.M on the days Monday through Saturday, nor between 1:00 A.M. and 12:00 neon can Sundays. No °'on -sale" licensee shall permit -' It lic u r t be consumed can the licensed prerni.ses during the hours when the sale thereof is Prohibited by this section; provided, however, th -at the licensee .shall he allowed a 30 - minLites period following the 1 :00 A.M. closing hour to clear the remises of.g P customers who are on the premises at 1:00 A.M. and such customers durin g thattimemayconsurneiAnMeX ; 12°lo malt liquor beverages P ypurchasedb them before 1:00 A.M. Section IV, Section. 5 -23. Persons under 21 years; sale to, con -sunl doll rtc g or, f • etc. shall he amended to read as follows: P Y, P ENS' BY : 9 -) 2 - 9 :1 '? : U 9P1I BANN I GAN & KELLY. G ? 77 (1 = 5 U 6: # 4 / $ It is unlawful in the City for a: 1) Licensee or the licensee's employee to sell or serve 2n rrlal tliquortoapersonLindertheageof21yearsortoermitapersonunderthPpeageof21yearstocon.SLIMC 22 malt liq on the licensed pq 2) Person ether than the parent or legal guardian to rocure %p .2 a malt liquor for a person under the age of 21 years; 3) Person. to induce a person under the age of 21 years to purchase or procureppe 3R814 intQu;malt liquor. 4) Verson under the age of 21 years to claim to be 21 ears or older for the purposeYppose JLofobtainYng b 3 malt liquor; ( 5) Person under the age of 21 years to consume an .2 nl 1ys a t liquorunlessinthecompanyoftheperson's parent or guardian; 6) Person under the age of 21 gears to possess an 3.2 o maltY % t liyuorwithintenttoconsumeitataplaceotherthanthehouseholdoftheersn'p .o s parent or gruardian. Fosscssioi at a place other than the household of thy; p erson's parent or gua is prima facie evidence of intent t consunie it at a p lace other than the household of the parent or guardian. Sec. 5 -24 i's hereby amended: Sec. 5 -24. Person must be 21 years of age to deliver, sell, serve or vend anilrian ° 3.2% rnalt liquor. a) It is unlawful for a licensee under this article or an age or employee ofg a licensee to allow a person under the age of 21 y ears to deliver sell serve or Fend 12% malt liquor to a person in the City b) It is unlawful for a person under the age of 21 ears to deliver Self .sere fj ty . Y , , or vend r, %3-, Malt liquor to a person in the City. Sec. 5 -36. Required to sell at retail; types of liccnsc.s. Except as provided in this section, it is unlawful to .Sell non intoxicatiri gt malt liquors at retail in the City exCept when licensed under this article. Two types ofannuallicensesareissuedforthesaleof3.2% malt liquors; 1) "on -sale" licenses permit the licensee to sell . ' 3 . 2 YQ malt liquors for consumption on the licensed premises, and the license fee therefor it' nixed by the City Council and paid to the Cit "On- sale" licenses are granted only to drug stores, restaurants, hotels, bona fide clubs, and establishments for the sale of 3.2 111a1t beverages and soft drinks at retail. A club or charitablc, rcli ious or non-profitg p organization may be issued a temporary "on -sale" license for the sale of 2 5tl' :l Y 9_;2_2__9t9_ i ? : u9P l BaNN I GAN & KELLY -- 61-9 770 4506:# # 5/ 8 12 ° malt liqu on and off school grounds and in and out of school- houses and school buildings. 'Temporary licenses are subject tO such terms, 'including a license fee as the City Council prescribes. 2) "Off -sale" licenser permit the licensee to sell - Za malt li q uors in the original packages for consumption off the premises only, and the license fee therefor is fixed by the City Council and paid to the City. Section 5 -35 shall be a to read: Sec. 5 -35. Persons eligible to be issued licenses. Licenses under this article may be issued only to persons who are citizens of me United States or residcnt alions and who ar of good moi al clear ac:t and repute who have1 attained the age of 21 years and who are - mgn2ers of the establishments for which the licenses are issued. In the v thiii r i r oartnership iti h _ e o of th er blishnl n h it tht li n . gill then be istiue th riTn tin er manaizunf the establishment and the rlcsi nat d .or nr fficer or in - the case. of martnershit) i n- d • rtner. The car r i n r hi which is the nwn r f an ,stablishme sh 11 nQy th i within 48 hours if the personji e"g d as h ; • and acting rn na r o es t a b lishm n. .t n Tio ion Ter perform the d i s o prim and actipeman .,. i includes but iti not limited r .. i r ernotion . l i on r artnershi sahll imm dia 1 h v -! -w rYrna. and ain mn er apply fcr liken Sec. 5 -37. Persons not eligible to be issued licenses. No license may be issued to: 1) No license may be issued to a person who has had an intoxicating liqu or nefj- 3.2 liquor liCeii e revoked within five years of the license application. Sec. 5 - 38. Premises which may not be licensed; limitations on number of licenses. a) Nr) "fin- , tide" rr "nff salP." n iltR -g _ ? , malt beverage license ma be issued under this article to premises licensed as a motor fuel station, motor fuel station convenience store, internal motor fuel station, major motor fuel station or truck step, ad defined in Section 36 -151 of this Code. b) No t- malt liquor license mity be issued under this article for premises located within a area wherei such use of the premises i5 rohibi bPy 3 SENT BY : 9- ?'? -9 :1 ? 1 UP111 BANK 1 GAN & KELLY - 61'? 770 4506: # Gl 8 the zoning ordinance, nor within an area where such sales are forbidden • •by statelaveoranyotherordinanceoftheCity. c) Mon "on sale" license, May bC issued under this article for remises located withinptedwithin IN feet of a church or school building located in the City, and no "cuff - ! "Y .ae license shall be issued for prernises located within loo feet of a church or schoolool buildi The distance is to be measured from the •m.ntHineentrancecicensedpreliis.s Cu the nearest property line f s hureh or 1. r .y - I • • • ' • w • _ • • • • • • • A • 101MOPAIVIE04 &WMV • • • • • • MWA g • • • • • • • a • af • • • . • • • • r! #W '400 w • j e • low • M ULVLWARirVWR1 • I • - . - lore • r• • • . . Wa a a • V am • • . . AbJAM1%1=91 Sec. 5 - 41, Unlaw possession by licensee., agent, etc., of 3.2% maXt li u • . g U orbintoxicatingliquorolicensedpremises_ It is unlawful for a person licensed under this article, but not licensed to sell 3.2 malt liquor and intoxicating liquor, or for any of the person's avents or employees, ees to possessb 1 p y .possessonpremlicensedunderthisarticle, intoxicating liquor, as defined in Section 340A.101 Mirinesota Statutes, for the purpose of consumprio-n b ay Sec. 5 -43. Application- Generally. A person seeking a. license under this arttitle I-Oust l apply lu dic Cit Couiic:*1 for the licenseb . f ;}in a-written. application .. • ,,.. ) o r,• ,, _ y y g .i Lh - th-a ` ity "Cl k. Tht L, fty `.lit[2t 111u. lt;lt i11G application to the City ouncil. Am application in l Y pp must contain the following: 1) The applicant's name sand place of residence. 2) The exact location of the place at whie11 the applicantlieant ro oses to selllPproposes e malt liquors. SENT BY :2): 1 I PIM BANN I GAN & KELLY -1 1 ? 770 45069# 7r 3) whether the applicant has ever reviousl been engaged in • Deft P }' the buslne.ss of selling JLJL_1JLJLL1_F.'L111w",MT IM malt liquors or in the husi »ess of selling o odst.uffs in theCity, and if so, when and where. Sac. 5 -72„ Persons cligihle to be issued licen_es. Licenses under this article may be issued only to ersons who are citizp errs of theUnitedStatesorresidentaliensandwhoareofoodmoralcharacterandrepute,who have attained the age of 21 years and who are m - rn. of theestablishmentsforwhichthelicensesareissued. III th v n c rt o l r r n •r hi 12 i hm nt pcraton Issued-to the primaxy th n h e •shall h n n in rn a er of the establishme and he d s n r ffi 1 r r f a ar ii rs t rnr Ekecorporationnrhiwhichi5theownerofanestablihmntshallnc itv within 48 hours if h n licensed {s th -)ri a and actin mathe nnern of z hmen • n I o LQ12g r erform h of a rim• n " 1112manager. This in l but Is not 1i1 o ressl nmen rrl ation er e. rnatim c r or tion r r r lei shall imm i• l ve he new rim• and acting m na er aDDIV for a license. Sec. 5 -76. No more than one license for any one person or premises; • • • l a) No more than one Qft =sale or tin - saale intoxicatir liquor liceg license mayissuedtoanyonepersonorforany1ace " one P b) It is unlawful for a person, to knknow have ca r possess a A;..af r d:ve et interest in more than one license in the C uponconviction. therefor the City council ria immediate) revoke all liceYy uses of the 12e050_rI ofall licenses oft. he p,rsQn in which the ers {gin partnership orp p p corporationhasaninterest. The term "interest ", as used *11 thiS Sect * on shrill be as d 'ef1IlC',d l n Section 340A.412, SUM. 3, Minnesota Statutes. Sec. 5 -83. Transfers the licenses; chang of cot 'corporate officers. a) No licerise granted under this article may be transferredy from person to person or from place to place without the consent of the Council which c resolution passed b h nnSet,tshallbebYpytheCouncil. 1 • - • • • •12216maws , Orm 5 11 br 9 ? ? - :1 ? 12 RNI BANN I GAN & KELLY---? 61' 7711 4306:# / A 11% i i 19 i i • • •. . . • . .. . . • r • • • • • j i • • • • •JLALLA_ IL a JL.L.L9-d. licenra • • • • r • irrUcdawt6 • • • _ i • • ML • r o i • • . WILWE • • • w a • • • • • wiM • • IW&I • w • a • S R • • • • : . • • •• • • r r • • i LI • IvJL • • • we a &-ones 6 10 ILMLWV Okh Makk w • a q • • r0 • • • . • • 1 in wn 1 • • • • • , . Sec. 5 -54. Suspension or revocation of license issued under arti The authority 1SSuing or approving a license car permit pursuantppsuallt to Chapter 340,4,Minnesota Statutes and this article ma suspend for u to 60yP days or revoke the licenseorpermitorimposeafineoftipto $2,000 for each violation can a finding that thelicenseeorpermitholderhasviolated - an a licak)le to - ' 7 T . PF statute, regulation or of darcerelatingtointoxicatingliquor. No suspension or revocation shall to lac effect until thelicenseeorpermitholderhasbeenaffordedanoPortunirforahtFycaringPursuanttoSections14.57 to 14.69 of the Administrative Procedure Act. Theheb beforeanAdministrativeUg-e-p r$Liant to the Adrninis r i5tat Ye rccllre Act and all CQ SLqne - ens • ss i the hearin shall l i the licensee. Said li OW sa h• rip w' in five day () 1 n m i of intent to sus n r r oke is issued.jf elects said hearin Ste ll held at the etirliest av it l ate. Sec. 5 -110. Certain premises ineligible for liCenSe. a) No "on- sale" license nix be issued for .y the first ti under this division forpremiseslocatedwithin - 9 00 feet of a church or school building ' ' t5aid d b l r the cl y .r meet •hall h frorl tl in in entrnce to th n r r rt line ofchtrghcarschoolhuildin b) No "off- sale" license may be issued for the first time u 'un this division for premises located within 100 feet of a church or school building in the .g e City• distance shall Tneas r d from the main entrap h nearerst oporty ofn53idchurchor ,s of building CIA V. jr AGENDA REPORT To: City Manager Michael McGuire From: Director of Public Safety Kenneth V. CollinsvSubject: Animal and Fowl Ordinance Date: September 22, 1993 Introduction The Maplewood City Council recommended the review and updating of Ma leanimalordinance. p g p wood s Background The Maplewood City Council approved the first reading 'September 13, 19930 g f this ordnance on There were two requests for revisions, which were as follows: I. Section 7 -5. Keeping of certain animals shall be absolute l roh i b i ted; exceptions, Y p 9) Any Vietnamese pot - bellied pig. 2. Section 7 - 98. Application; investigation; 9 rant or denial oflicense, e) Outside kennel. An outside kennel must be constructed of open- faced, galvanized fabric of suitable size to maintain and secure the keeping of particular breeds of dogs and to allow for sufficient space for articu-lar breeds of p dogs to exercise freely. Surface must be constructed of material of either concrete or gravel of sufficient depth to provide for proper clean-p ing, drainage, maintenance and needs of all articularbreedsofdogs* p Action Required Present to the City Council for their review and ap or rechanges, PP commended KVC:js Attachment Chapter 7 Sec. 7 -3. Quarantine of animal which has bitten a person ofrabidanimals. I - a) Any dqq or other animal that has bitten a Derson and caused anabrasionorgunctureoftheskinshallimmediate) be uarant'v q i nedforaminimumoften10days. Such an animal shall be confinedI at a veterinary hos ital or at the owner's home in such a mannerthatitdoesnotescapeorcomeincontactwithotherDeopleor animals. When the dQq or animal is uarantined as stated aboveitshallbeattheowner's ex ense. A guaranti ne report must be completed by--the local animal control agency, Stra animals thathavebittenaersonshallbeuarantinedthrouhthelocqqlocal animal control a enc_. Do s that are involved in two (21 or morebitesaresubjecttoSec. 7 -80 and Sec. 7 -81. b)No police officer or other person shall kill, or cause to be killed,ed,any an suspected of being rabid, except after the animal has beenplacedinquarantineandthediagnosisofrabiesmade. (Code 1965_ 1101.140 Sec. 7-46 Keeping of animals. For the ur ose of this section terms and hthefollowingwordsp rases shallhavethe.foll.owin res ective meanings ascribed to them: Wild or exotic animal: "Wild animal" or "exotic animal" means mammalamphibian, reptile or bird which is of a s ecies not usually domesticatedandofasecies. which due to size wild nature or other characte 'r sti c,is dangerous to humans The term includes n' •a mals and birds. the kee. inofwhichislicensedb .the state or federal veronmenta such as wolves,ra tors and heasants. Ba of exam le and not of limitation the termincludes: snakes eagles., ocelots 'a uars cou ar s weasels ferretsbadersmonkeys, chimpanzees. deer and bison. The term also includescrossbreedssuchasthecrossbetweendosandcoyotesanddosandwolves. Sec. Ke"ing of certain animals absolutely rohib' •tede excepti•ns. Laj Prohibited animals. No Derson shall kee maintain or harborwithintheCitofMalewoodanyofthefollowinganimals:mal s. 1 An animal or s ecies prohibited by federal or Minnesotalaw. 12) An exotic animal or s ecies when kg t in such numbers or in such a - wa as to constitute a likelihood of harmtotheanimalsthemselves, to human beings or to the ro DertL of human beings, or which constitutes a ublic or private nuisance. L3) Any skunk whether ca tared in the wild domesticall raised descented or not descented vaccin °ated againstrabiesornotvaccinatedagainstrabies. 4) Any large cat or members of the family Felidae, such as 1 ions , t i tiers , ,i aquars . 1 eopards , cougars and ocel ots except commonly accepted domesticated cats. 15 ).. Any member of the family Can i dae, such as wolves d ngo__es ,_ coyotes-and-jackals. except domesticated L6) Any crossbreed such as the crossbreed betweendogs and coyotes and doqs and wolves. 177) Any raccoon, Any red -eared turtle (LPseudemys scriptaelegans) with 9) Any Vietnamese pot- bellied pig_ b Exceptions. This section does not aoDly.to animals which are temporarily- brought into the city for the ur ose of artici atin in an circus or show nor does it a l to an ublic zoo or persons kee in animals for a ublic zoo as volunteers Docents or otherwise • nor to any bona fide research institution or veterinarhositalrovidedrotectivedeviceasdeuatetoreventsuch animal from escap, ng_or i n,i uri ng the public are provided. Sec. 7 -66 Impoundment of wild or exotic animals. Any wild. animal kept- in violation of this ordinance mgy be i m ounded b-y thecit . Unless such impounded animal is reclaimed and remos - yed from the city orissuedaermittoallowittoremaininthecit .or unless the owner etitions the District Court for a determination that 'the animal is exemptfromtherovisionsofthisordinancetheanimalmaybedestroyedorsold seven 7 , da s following notice to the owner of such animal of its im oundmentandtheDrovisionsofthisordinance. Any person reclaiminq any such animalshallathecostsofinound.ing-and boardinq the same at he time of itsrelease, DIVISION 6. SMALL KENNEL LICENSES* Sec,, 7 -96. Construction and purpose of division. This division is supplementary to and in addition 'to all other provisons ofthisCodeorotherordinancesineffectrelatingotheownership,of dos g p, care andcustodygwithinthecityandisdeemednecessarybythecouncilinordertoregulateandcontroltheownershipndthekeepingofppgdogsinandnearresidentialareasofthecity. (Code 1965, § 1103.010)., Sec. 7 -97. Required; limited to licensee's dogs; zoning classificationsg 9 atonswherepermitted. a) No person shall ( keep more than two dogs over three (3) monthsofageanywherewithinthecitywithoutfirstobtainingsallkennellicenseunderthisdivisionforthekeepingofsuchpgdogsforbreeding, sale or show purposes. b) Any licensee under this division may not board or trainn dogsbelongingtootherpersonsonsuchlicensedpremises. c) Small kennel licenses will not be issued under this divisionn n any part of the city, except on property zoned commercial orfarmresidentialorresidentialR -1. (Code 1965 1103o0301103.040, Ord, No. 671, § I 9- 24 -90), Sec, 7 -98. Application; investigation; rant or denial of license,ense. 1a) ADDlication, An Derson desirinq a small k 'iredundertherevisi kennel license re u ons of Section 7 -97 shall make written applica-tion therefor to the city clerk upono a form-prescribedp a by andcontainingsuchinformationasreuiredbythecilyclerk. Amonotherthinsthealicationshallcontainthefollowing - informa-tion: j1) A descri tion of the real ro ert u on which it is desiredtokeeptheanimaloranimals. L2 The species and number of animals to be maintained onrem' the i ses . 3 A statement.that the a licant ermittee will at all timeskeeptheanimalsin. accordance with all the conditions prescribed by the director of Dublic safet or a mod i f i-cation thereof, and that failure to obe such conditionswillconstituteaviolationoftherovisionsofpthischaterandgroundsforcancellationoftheermit. L4) Such other and further information as ma-Y be requiredured bthedirectorofpublicsafety. Cross *Cross reference -- Licenses generally, Ch. 179 3 lb) Consent. The applicant for any permit required under the provi- sions of Section 7 -97 shall provide with the application the written consent of seventy -five (75 Dercent of the owners or occupants of privately or publicly owned real estate within one hundred fift,Y 150) feet of the outer boundaries of the premises for which the permit is beinq re guested or, in the alternative roof that a _ li- cant's property lines are one hundred fifty (150) feet or more from an_y structure. However, where a street separates the premises for which the Dermit is being re guested from other nei hborin _ DroDert no consent is required from the owners or occupants of propertylocatedontheoDDositesideofthestreet. Where a Droperty within one hundred fifty 150 feet consists of a multi le dwellin the applicant need obtain only the written consent of the owner or manager or.other person in charqe of the building. c b the director of ublic safet • ma rant permit,The director of Dublic safety shall make such investi ation as i s necessary and ma grant, deny or refuse to renew an .a lication for permi t under thi s chapt =r. `-- d Permit; conditions. If granted, the _ permit shall be issued by the city clerk and shall state the conditions if any. im osed upon the ermittee for the keep of animals under the ermit. The permitppmgt shall specify the restrictions limitations conditions and rohibi- tions which the director of oubl ic safety deems reasonably necessartoorotectanyDersonorneighborinqusefromunsanitaryconditions unreasonable noise or odors or anno ance or to protect thehealthandsafety, Such Dermit may be modified from time to time or revoked b the director of safet for failure to conform to such restrictions. limitations or prohibitions. Such modification or revocation shall be effective from and after ten 10 days fol]owin the mailin of written notice thereof . by certified mail to the person or persons keeping or maintaining such animals. le) Outside kennel. An outside kennel must be constructed offacedalvanizedfabricofsuitablesizetomaintainand secure the kee in of articular breeds of do s and to allow for sufficient s -ace, for Darticular breeds of dogs to exercise freelSurfacemustbeconstructedofmaterialofeitherconcreteor ravel of sufficient de th to rovide for ro per cleanin drains a maintenance and needs of all breeds of do s If) Refusal to rant or renew a Dermit. The director of safet ma refuse a Dermit to or maintain animals hereunder for failure to compl with the provisions of this chapter if the facilities for the kegping of the animals are or become inade uatefortheirDurpose, if the conditions of the are not met if a nuisance condition is if the public health and safety would be unreasonably endan Bred by the qrantinq of such permit. Refusal to qrant or renew a small kennel license by thedirectorofsafetymaybeaealedtot ~'Np h city cuncl. Sec, 7 -99. Application and renewal fees. The initial application fee for a small kennel license under this division shall be imposed, set, established and fixed by the city council, by resolution, from time to time, and the annual renewal fee for any license issued under this division shall be imposed, set, established and fixed by the city council, by resolution, from time to time. (Code 1965, § 1103.080). C art ; AN Ta W3111 Val M Ma W201016IONE .. . • • 7 . . • OOMF^IM" .. MMILWXWAILWIIMrMMLWjN MLA WOMB M 1 MM. MLM . s • • • . a M.- . • .. • jW ib26WWOMIN AVA .WW.WOM zWjhW& . . . . .a s • Sec. 7 -100• Limitation on number of dogs over three months of age that may be kept on licensed premises The maximum number of dogs over three (3) months of age which may be kept under arsmal kennel license issued under this division shall be three (3). Code 1965, § 1103.050). Secs, 7- 101 - -7 -115. Reserved. 5 TRANSACTION REPORT > 09-24-1993(FRI) 11 C TR gilt r\j S " I -F 3 NO. DATE TIME DESTINATION STATION PG. DURATION MODE RESULT70469-24 11:05 6129447770 5 0004"40" NORMAL OK 5 0004'4010 AGENDA NO. J AGENDA REPORT TO: City Manager FROM: Assistant City Manager RE= ST. PAUL METRO TRF,ATMgN.I. CENTER (MZCLINIC) DATE= September 17 1993 INTRODUCTION At the September 13 1993 •9 meeting, the City Council directed staffandconcernsoft ff to address 'he residents in the area of the issues Bear Avenue. Laurie/Lark/Prosperit ju we • The residents submitted fiY west of WhiteanumberofdemandsregardingBearAvenue, the St. Paul Metro g a new tenant at2223WhiteB o Treatment .Center. The Center 'methadone treatment facility. is a BACKGROUND The issues that the Cit Counciltyuncil asked to be addressed i •evolved three City departmentsrealispresentedbdPtsandtherefore, the mate , Y Communi Develo ment 1 • Zoning. The zone is B (BusinessC Commercial), 'd this zone ermits cliPinks. 2 • Fencing. An fence w six-feetlochissixfeet tall or less •does not require a fence permit.eight for a commercial fence ' P mot'The maximum h and is ten feet, it must be located oanypostsmustfaceintothe the Prop fence is six feet and therefore, property. The Treatment Center'sereforeapermitwasnotneeded. It should be noted that the fencence was installed shortly after the SepPtuber 13meeting. It was constructed with six -foot high boards. Si •one foot above the ground , the Sin it is appro.matelgr , e height of the fence is sevenEngineerinspectedthefn feet. The Cityfenceandfoundnoproblemswith •the location of it. 3 • Trash. As required b 'q y City code, all trash must be 'picked up. 4 Building • Bllding remodelin . The Treatmentatment Center has applied f •s interior. , pp or a building permit toremodelthebuilding . All remodeling •the Building Cod g will be inspected and mustge, meet 5 • Sufficient on -site ar 'P Ong. The current Citytothiss' tY de for on -site parking woolYsite, because the building r _ apply d not g p e dates the Code. Public Works 6. NO PARRiNG signs •gns n Prosperity between County Road .Center hours. Curren tY ad B and Lark with s ecificCurrently, on- street parkin is not p PARKING s may g restricted in this area. The Nyaddressaparkinproblemi °g p f one develops. The Centerheprocessofinstallingownersareint Prosperity Av g wooden fence along the east sideptyenue • The fence is connected of throe the driveway. It would d to the building and runsg norththroubeinconvenientforclients •and walk all the way round to park on ProspersYthefencetoettotheClinic'sgClinics front door. TheDirectorofPublicWorksrecommendsthattheCityparkingprobtyshouldwaittoinstallsignspgpblemisidentified. The estimated imated cost of installation is $823. 7 • until a Two CHILDREN ATP 'LAY signs at three locations: •Road B and L rk Prosperity between Caenk, between ProCoCopeandCPty and Flandrau, and Flandrau bPverityRoadB. SLOW CHILD between produce a is homes CHILDREN signs in residential neighborhpnotedeffect. With g borhoodsalongthestreet, most eo 1assumechildrencouldbeintheare p p e would a, and the sign may be restatingreason, the City limits its installations g the obvious.For this e stallations to about a dozen s'year's allotment was exhausted ' signs per year.in July. The estimated cost is 797. Additional street lightg near the parki lot, Lark/The Lark/Flandrau intersection Prosp and I- '/Flandrcoonalreadyhasastreetlight.rosperi is not an ' The other cornerLark/Prosperity ,tY intersection, it is a 90 .lighten policy degree turn. The C strgpyisthatlightingisinstalledtY' eetglledfortrafficandnotseenotatraffilacuntY• There isc- related reason to place a light at Lark/Pros erep tye 9• Additional STOP signs at the corner of Flandra .intersection at Lar Lark and r/Pros en Tk/Flandrau already has YIELD p fiY he and t 3' ELD signs. These sig assign 'Y end to reduce confusion at the gn right"of e intersection. The other locationLark/Prosperity, is a 90 -degree comer. Since there are no conflictsmovements, STOP sign are not a rig drivewa is b pp ro pnate. As was stated above the Prylockedwithafence. It is °Sperityunlikelythatneighborhd 'increase as a result of the neighborhood traffic w111Clinic. The estimated cost is 8 10. The wooden fence being constructed appears to be in the right-of way. The Ci tEngineercheckedthelocationofthefenceposts. Therewayidentificationofpere are very few rirightpointsHowever -otheCiEn ' g location of the fe t3' Engineer has no problem with thehe 11. A No U - TURN sign shouldd be posted for south - bound •White Bear Avenue wafhc.A resident was concerned about the difficulties in making a left -hand turn out ogonorthonwhiteBearAv ftheClinic's lot to Avenue. He felt that cars would useanalternaterouteofturningrightonWhiteBearfollowedbyaU -turn at theintersectionofWhiteBearandCountyoadEngineer t B • The City felt t 'would not arise. The Wh that thissituationw e Bear Ave /County Road B intersectionhavemedian. It is an open five Ian ectlon doesnota e Intersection, and cars do not make -turns.U Public Safe 12. Increase police atrol in .P the neighborhood. Soon aft •Treatment Center the er the opening of thePoliceDepartmentwasmade •aware of it. IncreasedattentiontotheareawasImmediateandison-going.g 13. Additional information about the Colonial Groupmethap, Cher treatment centers andthedrugoneAttachedisaseparatere 'Safe P port from the Director of PublicSafety. Other Residents' Demands Placed on the St. Paul Metro Treatment Center 14 • Hire a securit person. 15. Have clients make app 'omtments and have clients wait in the .building. 16. Hold an open house fo the neighbors. 17. Require a later op •Pig time especially on Saturday due tthet-dffic and car door s Y o the noise created blgaswellastheglareY g e from car head lights.g 18. Keep clients out of the immediate residential area -- drivi .erg and walking, 19. Be responsible for client behavior. The City is not capable of r •P restricting the use of streets. H owever, at the September 13meeting, the Treatment Center's director appeared to be open to some of 'these Ideas. Not only will the September 2 •P 7 meeting be an Opportunity o •enough time will have arse P • for Information sh -ann butpassedsincetheClinicsopg ' is . , s e P g and fence Installation to 'VpictureoftheClinicffectsontheeeveryoneaclearer neighborhood. tmc Attachments September 16, 1993 MEMORANDUM To: Chief Kenneth CollinsFrom: Ser Michael RSubject: St. Paul Metro Treatment Center I have contacted several of the names listed, as rentin officespacetotreatmentcenterslocatedinseveralstates. Thesesitesvarfrombusinessdistrict/industrial areas tofacilit' sharinleswithothermedicalrelatedclinicsandshoppincenterorstorefrontareasThelocationsalsoseemtobe' varied fromhitraffic, main street locations to other locations that couldbedescribedas1 "Off the beaten path ," When asked about the clinics, the renters almost universall such facilities replied that the initiall were apprehensive about rentin toitiesbutadmittedthatthehavehadonlminorproblems. For the most part, these seem to be related to clientsleavincoffeecupsandcigarettebuttsattheclinicsites.None of those questioned had an ne comments and felt theClinicsweregoodtenants, I contacted Police departments in Ocala and Templ Terrace,Florida to inquire about their clinics. Ocala re oported nl oneincidentattheirclinic, t yhatbeinaburinMarchof 1992, w familiar Temple Terrace Police Department advised that the werewiththeclinicintheirarea* The have had man complaints i that mostl deal with the clients loiterin in the area* TTerracehasdonesomesurveillanc empleeworkontheirclinic, Temple Terrace referred me to Sherr • Miller wi2 th the DE X813 )28-o24864, In speakin with her I found that Dra Randall Greentheclinicowner, operates in accordance with all FDA and DEArulesandregulations. Miller told me that their concern waswiththephilosophbehindthe "for profit' clinic where addictsarenoturtogetoffmethadoneorothersubstances*' Millerdidnothaveannegativeinformationabouttheclinics,, I contacted Police departments in Atlanta and Ft, Oglethorpe,Georgia* Atlanta advised that complaints deal with the loiterinClients* The also advised that the have had incidents of their meths clients bu other dru at the clinic site and also sellindone, especiall their take home doses on weekends,The Atlanta clinic hires Outside securit for their site,Oglethorpe Police advised that th e n Georgia Ft. is eir clinic, whil i,onl 10 miles from Chattanoo Tennesseea The repr ported manoblemswithtransientsrelatedtocrimesinthearea. Mos of operatin in the area. their crime consisted of shoplift'in and shopliftin rinThecliniislocatedinabusinessdistrict, The also reported that the have incidents of people bu the methadone from the clinic clients. Ft. OglethorpePolicefeltthatmostoftheirproblemscamefrompersonsthatwerefromoutsidetheareastatinthecomefromNashvillie,Knoxvi lle and. Generall the various . . 10us Po ice problems appear to be related tothelocationsoftheplinicItdoesappthatthemost 6commoncomplainthastodowiththeloiterin that occurs priortotheclinicopeninintheearlmorninOtherpolicedepartmentssuggestedthatPolicepresenceseemedtohelpandtheoftenmadewarrantarrestsofclientswaitinattheclinic. MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Methadone Treatment Center DATE: September 14, 1993 The City Council asked for information on the Methadone Treatment Center on White Bear Avenue. There are four issues that involve the Community Development Department: zoning, fencing, trash and building remodeling. The zoning is BC (Business Commercial). The BC zone permits clinics. Fencing must be no taller than ten feet, on the property and any posts must face into the property. Trash must be picked up. They have applied for a building permit to remodel the interior. Remodeling must meet the Building Code. go /b- S:meth.mem (correspondence) September 13, 1993 MEMORANDUM To: Chief Kenneth Collins From: Sergeant Michael Ryan 113, Subject: St. Paul Metro Treatment Center (Methadone Clinic) Per your request, this is the information concerning the clinic located at 2223 North White Bear Av. Inv. Thomalla contacted the State of Minnesota Division of Licensing and spoke to Julie Reger, 296 -3971. A license was issued to operate a methadone clinic in Maplewood. This was approved about.August 17, 1993. Approval included compliance with zoning regulations and an inspection by fire officials. Normally, a letter of need would be required by Ramsey County, however, after a denial by Ramsey County, they were overridden by the State on`the basis of need as determined by the Chemical Dependency Division. The State Board of Pharmacy was also contacted, and they issued a license effective August 30, 1993, to operate a methadone clinic. Karen Dubbelde is named as the pharmacist on the license. I made a visit to the clinic to determine how it operated. I met with a Charles Tyson and other staff members. The clinic is operated on a 'For Prof it's basis by the Colonial Group located in Orlando, Florida. This group operates a total of 24 clinics around the country, 17 of which are methadone clinics. other clinics are located in North Carolina, Georgia, Alabama, Florida and soon in Kentucky. Patients come to the clinic on the basis of referral or walk -in. Currently there are 119 patients with the facility being able to handle a total of 350 patients. According to staff members, the physical site could handle 500 patients but would require FDA approval. Most patients are currently walk -ins. The fees are charged to the patients with a $50.00 initial intake fee and a charge of $10.00 per dose. Dosages are oral and vary from 25m g to 100mg based on individual need as determined by blood and urine analysis.. The patient dose lasts 2.4 hours and then must be repeated. Dosages for Sunday are distributed during Saturday hours. Additional services include education and counseling in several areas. Most patients have been through several in- patient programs prior to attending this clinic. Hours of operation: Clinic Hours 0600 -1430 Weekdays 0600 -1000 Saturday Dosing Hours 0600 -1030, 1200 -1300 0600 -0900 Saturday The facility is fully alarmed and has a large vault located in the Pharmacy. Lbw,' G7o - 04'7 jet L 4' t t : 3 I F .< • ;ofd y b.HAVE CLLENTS MAKE APPOIMEIVT3 TO DEFUSE THEt TRAI PROBLEM AND MAKE ITPOSSIBLELFORCUENTSTOWAITINTHEUI.OIN.` E.l HOLD ANP F. LD TO CLINIC . >.f ; .WOi1R f - OpM' 1_ ya .' a 3. ;S. r• LIENTS OUT OF TN WMEPME RIOLDE AREAS W HIS INCLUDES DRIVING ANDz, W1l.INO TO AND - F O + H. {i. mkidlfsit o6 "htf VIA G ;.' 1t1i' .Adr A. . r An 1uw w.. a&• •.Ei.: I - Z,P a B •r' k, x p 6 4; .. 4v '. ! , 9p y 1} : a t y : { a .g •Sc„µ y5. • r :?M.` tT 14,,;/i, F` t . AGENDA ITEM AGENDA REPORT TO: City Manager FROM:, City Engineer SUBJECT: Larpenteur Avenue and English Street — Four -Way Stop Sign Request DATE: September 20, 1993. Attached is a letter from Kelly Bossart requesting four -way stop signs at Larpenteur Avenue and English Street. As you are aware, Larpenteur Avenue is a county road. Speed and safe access to Larpenteur Avenue are a concern. It is recommended that the request be.forwarded to Ramsey County Traffic Engineering Division for their analysis. KGH ic Attachment T - ' 443 MEMORANDUM TO:City Manager FROM:Ken Roberts, Associate Planner SUBJECT:Code Variation and Preliminary Plat Time Extension PROJECT:Beth Heights Addition DATE:September 2, 1993 INTRODUCTION Chad Lemmons is requesting a time extension for the Beth Heights Addition preliminarY plat. This plat would create 52 lots on the north side of Linwood Avenue at Sterling Street. (See the maps on pages 7 -9.) Mr. Lemmons is requesting this time extension because the developer is negotiating with the DNR for a permit to build the Hillwood Drive cul -de -sac. This road would cross a narrow channel connecting two DNR-protected wetlands. The DNR considers this channel part of the wetland. Filling requires a DNR permit. To reduce fi lling in the wetland, the developer will drop lots along the westerly wetland. The developer may also drop a lot to provide a sedimentation basin. Sedimentation basins clean the water before going into a wetland. Staff is recommending changes to the conditions of approval for the plat and a City Code variation to reduce the required street width from 32 feet to 28 feet. BACKGROUND June 12, 1989: The City Council approved the Beth Heights preliminary plat subject to nine conditions. Tune 11, 1990: The Council approved a one -year time extension and revised the June 12 1989 conditions. June 24, 1991: The Council approved another one -year time extension and again revised the conditions. June 22, 1992: The Council approved a one -year time extension subject to the June 24, 1991 conditions. The Council granted this extension since the plat is dependent on the City completing the Sterling Street construction to Linwood Avenue, August 24, 1992: The City awarded the contract for the Sterling Street improvement project. The contractor started work on this project in the fall of 1992 and should finish in the summer of 1993. DISCUSSION Reduced Street Widths Section 29 -52 of the City Code requires that local streets be 32 feet wide (gutter to gutter). The Code states that the City Council may permit variations from this requirement in specific areas that do not effect the general purpose of this section. The City Engineer is recommending that the developer build 28- foot -wide streets with no parking on one side. The Council recently approved the same street widths with no parking on one side for the Oak Ridge and Maple Woods Estates developments. The City Engineer will be proposing an ordinance that will make 28- foot -wide streets with no parking on one side the standard for local streets. Time Extension and Plat Conditions The Council should approve this time extension. The developer is negotiating with thepgg DNR for a permit. To meet the DNR requirements, the developer will probably dropppYp several lots. The staff is recommending several changes and additions to the platp dconions. These are to reflect current City development policies and DNR requirements. RECOMMENDATIONS A. Adopt the resolution on page 10. This resolution approves a City Code variation for 28- foot -wide streets. This variation is subject to no parking on one side of the streets and the developer paying the City for the cost of the no parking signs. B. Approve a one -year time extension for the Beth Heights Addition preliminary plat,rY subject to the ,Tune 24, 1991 conditions revised as follows: (I have underlined the additions and crossed out the deletions.) A & > > n:=J f Axra= 1. Have the City Engineer alp-prove final construction plans. These iplans shall include the zradinz utili draina a erosion control tree and street Wans. These plans shall meet the following conditions: a. The uading plan shall show the depth and location of the Williams Brothers pipelines. 2 b. For the sedimentation basins: Each basin shall provide 0.10 acre -feet of stora -ze above normal elevation for each tributary acre. If the slopes on a basin are stee er than 10 horizontal to 1 vertical the develo er shall fence the sedimentation basin. The fence shall be five feet high, een vin 1 -clad chain link and shall be at the ordinary high water mark. The developer shall landscape the sedimentation basin site with evergreen trees. To provide room for storing sediment the developer shall excavate the sedimentation basin to four feet below the normal water level. C. The develo er shall desim the utilities to serve the 1pro across Linwood Avenue. d. The erosion control plans shall be consistent with the Ramsey Soil and Water Conservation District Erosion and Sediment Control handbook. e. The streets shall be 28 feet wide from face to face of the concrete curb and gutter with no parking on one side. L-2. The grading plan shall include a proposed building pad elevation and contour information for each home site, as well as the areas to be disturbed for street construction. Housing styles shall be illustrated which minimize grading on sites that contain desirable mature trees and steeper slopes. Deviation from this approved grading plan may be permitted by the City Engineer, provided that the intent of the overall grading plan is complied with. L.-..,L.te:flLA F %.LJL %.o V L %X.L I.C.&A 0 % %4jL.L i 44 YJLLIL11 2. Sim an a eement with the Citv that ggarantees that the develolper or contractor will: a. Com lete all vublic im rovements and meet all Cijy re uirements. b. Place temiporary oran a saf= fencinz and si s at the aradim limits. 3 C. Have NSP install street lights in four locations inimarfiv at street intersections. The exact location and a of lights shall be subject to the Citv Ens inee?s approval. d. Install permanent signs around the edge of the wetland buffer areas These sins shall mark the edge of the buffer areas and shall state there shall be no mowing, vegetation cutting filling or damning of lawn waste e. Pav the Citv for the cost of no-iparkiLag traffic - control and street identification f. Remove anv iunk. debris or tires from the wetlands and the site. 34 Approval of a tree removal and planting plan by the Citv En 'neer n; '"""* ^M ^E No grading or construction may begin nor will the City give final plat approval until the Cit En 'neer approves this lan.pp PThisplanmustshowwoodlotsonthesite. This Ian must also show thep location, size and species of trees over eight inches in diameter that the developer intends to remove or keep. This plan does not need to sPphow box elders, cottonwoods and poplars. This plan must also show the location size and species of trees that the developer will plant as replacement trees. 4 -5. Deed restrictions shall be filed on Lots 1 -5, Block 1 "prohibiting construction ofpg any deck or addition attached to the dwelling, within 100 feet of the Williams Brothers pipeline, unless the City Council approves an exemption." 56. All present outbuildings associated with the existing dwelling shall be removed. The existing dwelling shall be removed or relocated to meet setback requirements on Lot 7, Block 2, or if this dwelling is to remain in its present location, the lots to the north shall be adjusted so a 31 -foot rear -yard setback can be met from the proposed north lot line. k7- Deed Outlot A and Lot 1, Block 1 to the City for parking lot for Vista HilltYpg s Park, in lieu of park availability charges. 78. The City awarding contracts for the Sterling treet i project or thegPpJ developer constructing sanitary sewer to the existing sanitary sewer in Linwoodgry Avenue. f19. Deed Outlot B to the City. QUA. The developer shall complete all grading for public improvements and overall site drainage. The City Engineer shall include any of this grading that is not completed before final approval in the developer's agreement. 4 1014. The developer shall show the street names on the p lat as follows: a. The East -West street that intersects with Sterlin g Street shall be named Hillwood Drive." b . The cul -de -sac street that intersects with Hillwood Drive shall be named 4akridge Lane." C. The North -South street that intersects with Linwood Avenue shall be named Ferndale Street4 d. The cul -de -sac street that intersects with Ferndale Street shall be named Beth Court." 11 Give the Citv wetland buffer zone easements over all lots that are next to a wetland. This easement shall rohibit mowin cutti or dum in withinp , g, p hln we= feet of the wetland. 12 Show all wetland boundaries on the 13. The final Dlat shall have drainage and utilfty easements along all roe lines. These easements shall be ten feet wide along the front and rear ipro lines and five feet wide alonz the side property lines. 14. Revise the iplat so there is no filling in the DNR - iDrotected wetland exce t for the Hillwood Drive cul -de -sac. The developer shall not fill this area unless the DNR approves a permit. 15. Revise the Wat to rovide sedimentation basins as required bv the DNR. Provide an outlot for each sedimentation basin. Deed these outlots to the Ci . 16. Revise the Dlat so there is at least 10 040 s ware feet above anv drainage easements or the ordinary hiah water mark of a wetland. If the develo er decides to final lat art of the reline lat the Ci ma waive anv con itions that do not apply to the final pl.t, 5 kd\memo34.mem (12 -28) Attachments 1. Location Map 2. Property Line /Zoning Map 3. Preliminary Plat 4. Street Width Code Variation Resolution Attachment 1 Z4 0 0 so >Ww* 00 So 0 lb So 00 4b; ow • so 00% 0004, P-04mq of y L .00— t LOCATION MAP f . 16 I - HUNn4G7XW Cr. 2. QMQUD" L& Z OS 1 7 1 - CLAW C goo oe, 2. VALLEY VwgCr 3. LMEmlowiDi a•ll#s • Nes Z4 0 0 so >Ww* 00 So 0 lb So 00 4b; ow • so 00% 00 04, P-04mq of y L .00— t LOCATION MAP Attachment 2 1CWE1Ew I s F O R E S, 3RD. A,OjFORE5T s O f. tir J 3 2 > V I STA HILLS r I PART OF COMMON (' 1• . a• ` I ! /, - Z , f•ft W .l AREA / 4 • ` s i PON0 o CGt) 4 I % jN W . s 01 l Q PARK . 4j s CRESTV I EW FOREST TOWNHOMES ETACOS s. VV 4 _ _.. AT __.. -. A M w_ _ .- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ . • . 0 - . {•: - - - - - - - - - - - - - - - - - - - - - - - - - : r - .r- ITT •.1 I .1•:s ., 0 :•l.' I 1 i 1. G1 11 /3 i I I I i 0 1 J A. 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I/,111,1 \ \t - S - ' a. c \ e sT .7 /d`• -..O O O \ . • 't>•. •r11/ • t / ti co \° \ ,.Ol, /. //V \oti ; O O O 1 ,^Pwv aiw A1 \111 .- L I 1 n s r„1 1 •` I I F` l 1 i r J 1 t i . 'L"; C ;iY i .;.fit i 1 O STREET WIDTH CODE VARIATION RESOLUTION WHEREAS, the City Engineer requested a variation from the City Code. WHEREAS, this. code variation applies to thepp Beth Heights development that is northofLinwoodAvenueandeastofSterlingStreet. WHEREAS, the legal description for this property is: Except that part easterly and southeaster) of the following •y vnng described nines,Beginning on the south line of the SW 1/4 of the SE 1/4 at a point 310 feet westoftheSEcornerthereof; then north 01 degrees, gr' ees minutes, 27 seconds west for525feet, then east parallel with the south line of said 1/4 1/4 for 89.99 feet, thennorth09degrees, 12 minutes, 30 seconds east for 13 .3 80 feet, then northeasterlyaroundacurvewitharadnof60feetfor150.06 feet thenen north 45 degree, 54minutes, 30 seconds east for 214.38 feet to the east line of said 1/4 1/4 and thereterminating; the SW 1/4 of the SE 1/4 (subject to Avenue and 'pipe line easement)of Section 12, Township 28, Range 22. WHEREAS, Section 29 52(a)(9) of the Maplewood City Code requires that localresidentialstreetsshallbe32feetinwidth, measured between faces of curbs. WHEREAS, the City Engineer is Proposing 28- foot -wide streets 'p g eets with no parking ononeside. WHEREAS, this requires a variation of four feet. WHEREAS, the history of this variation is as follows: The City Council held a public hearing on September _, 1993. City staff published anoticeintheMaplewoodReviewandsentnoticestothesurroundingpropertyowners. The Council gave everyone at the hearing a chance to speak and to presentwrittenstatements. The Council also considered reports and recommendations fromtheCitystaffandPlanningCommission. NOW THEREFORE, BE IT RESOLVED that the Maplewood City Council approve theabove - described variation subject to no parking on one side of the streets and thedeveloperpayingtheCityforthecostofno- parking signs. Adopted: September — , 1993. 10 Planning Commission Minutes of 9 - 8 - 93 V. NEW BUSINESS A. Preliminary plat Time Extension: Beth Heights (Section 12 - 28) Ken Roberts, Associate Planner, presented the staff report and answered questionsfromtheCommission. Chad Lenunons, 677 Apache Lane, Mendota Heights, speaking for the applicant, saidtherecommendedconditionsofthestaffreporthavebeenreviewedandtheapplicantisinagreementwiththem. There were no comments from the public. Commissioner Martha moved the Planninglanning Compassion recommend: A. Adoption of the resolution which approves a City code variation for 28- foot -widestreets. This variation is subject to no parking on one side of the streets and thedeveloperpayingtheCityforthecostofthenoparkingsigns. B. Approval of a one -year time extension for the Beth Heights Addition preliminaryplat, subject to the June 24, 1991 conditions revised as follows (additions areunderlinedanddeletionsarecrossedout): IS RIEW-- 0 41 • . ••` iI . 4 LAL • 1.Have the CitEn ' eer aDDrOVe final construction Dlans. These laps shallincludetheeradiniz. utili drainne. erosion control tree and street TansTheseplansshallmeetthefollowingconditions a• The grading plan shall show the depth and location - of the WilliamsBrothersuroelines 1L. For the sedimentation basins: Ll Each basin shall Drovide 0.10 acre -feet of stora e above normalelevationforeachtributgaacre If the slo es on a basin are stee er than 10 horizontal to 1 verticalthedeveloershallfencethesedimentationbasin. The fence shall befivefeethiheenvin1 -clad chain link and shall be at the ordin ..high waterm The develoiDer shall landscape the sedimentationbasinsitevvthevergretrees Planning Commision Minutes of 9 -8 -93 3- 10. .provide room for storing sediment the developer shall excavatethesedimentationbasintofourfeetbelowthenormalwaterlevel. C. The developer shall design the utilities to serve the pronercv acrossLinwoodAvenue. d. The erosion control Dlans shall be consistent with the Rams9Y Soil andWaterConservationDistrictErosionandSedimentControlhandbook. e. The streets shall be 28 feet wide from face to face of the concrete curbandgutterwithnoparkingononeside L-2---The grading plan shall include a proposed building pad elevation andcontourinformationforeachhomesite, as well as the areas to bedisturbedforstreetconstruction. Housing styles shall be illustrated whichminimizegradingonsitesthatcontaindesirablematuretreesandsteeperslopes. Deviation from this approved grading plan may be permitted bytheCityEngineer, provided that the intent of the overall grading plan iscompliedwith. 2. Sign an agreement with the City that. guarantees that the developer orcontractorwill. a. Complete all public improvements and meet all Citv requirements b. Place temporary orange safety fencing and signs at the zradinst limits C. Have NSP install street li hts in four locations rimaril at streetintersections. The exact location and tvDe of li hts shall be sub'ect to theCityEngineer's approval d• Install permanent sins around the edge of the wetland buffer areasThesesignsshallmarktheedgeofthebufferareasandshallstate thereshallbenomowinveetahoncoffingordumDinQoflawnwaste. e.Lay the Citv for the cost of no arkin traffic-concontrol and streetidentsip. f. Remove MIL debris or tires from the wetlands and the site 2. Sign an agreement with the City that. guarantees that the developer orcontractorwill. a. Complete all public improvements and meet all Citv requirements b. Place temporary orange safety fencing and signs at the zradinst limits C. Have NSP install street li hts in four locations rimaril at streetintersections. The exact location and tvDe of li hts shall be sub'ect to theCityEngineer's approval d• Install permanent sins around the edge of the wetland buffer areasThesesignsshallmarktheedgeofthebufferareasandshallstate thereshallbenomowinveetahoncoffingordumDinQoflawnwaste. e.Lay the Citv for the cost of no arkin traffic-concontrol and streetidentsip. f. Remove MIL debris or tires from the wetlands and the site Planning Commission 4-Minutes of 9 -8 -93 24. Approval of a tree removal and planting plan by the City, Engineer mireetem.No grading or construction may begin nor will theCitygivefinalplatapprovaluntiltheCityEngineere approves thisplan, This plan must show woodlots on the site. This plan must also show thelocation, size and speaes of trees over eight inches in diameter that thedeveloperintendstoremoveorkeep.. This plan does not need to show boxelders, cottonwoods and poplars. This plan must show the location, size andspeciesoftreesthatthedeveloperwillplantreplacementtrees. 4S. Deed restrictions shall be filed on Lots 1 -5, Block 1, "prohibiting constructionofanydeckoradditionattachedtothedwelling, within 100 feet of theWilliamsBrotherspipeline, unless the City Council approves an exemption." 5_6• All present outbuildings associated with the existing dwelling shall beremoved. The existing dwelling shall be removed or relocated to meet setbackrequirementsonLot7, Block 2, or if this dwelling is to remain in its presentlocation, the lots to the north shall be adjusted so a 31 -foot rear -yard setbackcanbemetfromtheproposednorthlotline. 6_-7. Deed Outlot A and Lot 1, Block 1, to the City for a parking lot for Vista HillsParkinlieuofparkavailabilitycharges. 2g. The City awarding contracts for the Sterling Street improvement project or thedeveloperconstructingsanitarysewertotheexistingsanitary, sewer inLinwoodAvenue. 8 Deed Outlot B to the City. QUA. The developer shall complete all grading for public improvements andoverallsitedrainage. The City Engineer shall include any of this grading thatisnotcompletedbeforefinalapprovalinthedeveloper's agreement. 1014. The developer shall show the street names on the plat as follows: a• The east -west street that intersects with Sterling Street shall be namedHillwoodDrive." b. The cul -de -sac street that intersects with Hillwood Dave shall be namekrioadgeLane,"d C, The north -south street that intersects with Linwood Avenue shall benamed "Ferndale Street." d. The cul -de -sac street that in 'intersects with Ferndale Street shall be namedBethCourt." ed Planning Commission Minutes of 9 -8 -93 5- 11. Give the City wetland buffer zone easements overall lots that are next towetland. This easement shall rolubrt mowin d a cuttin fillip orwithintwentyfeetofthewetland 12. Show all wetland boundaries on the Dlat, 13. The final plat shall have drainage and utility easements along all nronertylutes. These easements -shall be ten feet wide alon the front and rear rolinesandfivefeetwidealonthesideroelines. 14. Revise the lat so there is no filling in the DNR rotected wetland exce ttheHillwoodDrivecul-de-sac. fordesac. The develo er sh DtLR all not fill t thehisareaunlessa ernut. 15. Revise the Wat 19Lprovide sedimentation basins as re aired by the DNR.Provide an outlot for. each sedimentation basin. Deed these outlots to the Ci 16. Revise the. lat so there is at least 10 000 s uare feet above anv draina eeasementsortheardinhi7hwatermarkofawetland, V- V C1V Cr uec to tlnai Diat Dart of the relimina platwaivean .conditions.that do not a 1 to the final Dlat, Commissioner Fischer seconded Ayes- -all The motion passed. b. Preliminary Rat Time Extension: Gervai ,s.Overlook Ken Roberts, As ciate Planner, pre nted the staff report and answered questionsfromtheCommis 'on. There was o one present representing the applicant. Therewerenocommentsomthepu 'c. Commissioner Pearson ov the Planning Commission recommend ending theGervaisOverlookpre ' platapproval because: 1) Government re lions d policies have changed significantly since the Cityapprovedthisprarylat. 2) Over nine ye have past sin e the City held a public hearing on this plat. Theremaybeneneighbors. They s uld have the opportunity of commenting on thePlanstovelopthisproperty. 3) There (as been no substantial physical activity to develop this plat since theFratta one Addition. loomy MEMORANDUM TO: FROM: SUBJECT: APPLICANT /OWNER: PROJECT: DATE: INTRODUCTION City Manager Ken Roberts, Associate Planner PrelimfiuW Plat Time Extension Nelson Properties Gervais Overlook September 2, 1993 Nelson Properties is requesting aone -year time extension for the Gervais Overlook preliminary plat. This property is on Arcade Street next to Little Canada. (See the maps on pages 4 and 5 and the preliminary plat on page 6.) BACKGROUND The City approved this preliminary plat on February 13, 1984. The City has approved eight one -year time extensions. The last time extension was on April 13, 1992, subject to the original nine conditions. OPTIONS (from least to most restrictive) 1. Approve a one -year time extension subject to the original conditions. 2. Approve aone -year time extension with new conditions that reflect current regulations and policies. 3. Require a new preliminary plat application to develop this property. DISCUSSION There have been too many changes in government regulations and changes in lot lines with the Frattalone Addition to simply revise the current conditions (Option 2 above). There has also been too. much time since the last hearing. New neighbors may have moved in. The average stay in a house is about seven years. The City approved the preliminary plat nine years ago. Since then, the City, State and Watershed Board regulations and policies about wetlands have changed. The City or other agencies now require storm water sedimentation basins minimum building setbacks and buffer areas on lots new to wetlands. A wetland is on the rear yards of Lots 7 -9 and 11 of the preliminary plat. (See the holding pond marked on the plat map on page 6.) The City has no grading plan for this project to determine the impact of the development on the wetland or trees. The Watershed Board ithewetlandonthissites considering expandingg Nelson Properties plans to sell this property in October. The City should end the currentplatapprovalbeforeNelsonPropertiessellthisroOtherwise, the new ownermaycomplauithatheorshepaidapriceforthispropertybasedonthecurrentconditions, Since Nelson Properties plan to sell this site, the City should assure them and a bu e that ending this approval does not mean that the City y rThisassuranceshouldgiveabuyernoncethatheorshecoulddevelopebaseds on the development regulations in effect when an application is made. RECOMMENDATION End the Gervais Overlook preliminary plat approval, because: 1. Government regulations and policies have changed si 0 approved this preliminary plat, g cantly since the City 2• Over nine years have past since the City held a public hearing on this plat. Theremaybenewneighbors. They should have the opportunity of commenting on theplanstodevelopthisproperty. 3• There has been no substantial physical activity to develop this plat since theFrattaloneAddition. 4• • The Frattalone Addition will require a change in the Gervais Overlook lot lines. Ending this plat does not mean that the City is against the development of thisproperty. The City will consider future applications based on the development standardsineffectatthetimeofanewapplication. 2 REFERENCE Past Actions February 13, 1984: The City Council gave preliminary approval for the Gervais Overlook plat, subject to nine conditions. February 11, 1985 The Council extended the preliminary approval for one year. September 23, 1985: The Council approved the Frattalone Addition final plat for four buildable lots and an outlot (Lots 12 -16 of the preliminary plat). February 14, 1986, February 9, 1987, February 8, 1988, February 27, 1989, March 26, 1990 April 22, 1991 and April 13 1992: The Council approved one -year time extensions for the part of the Gervais Overlook plat not included in the Frattalone Addition, Planning Section 34 -5 (e) of the City Code states: "For one year following preliminary plat approval and for two (2) years following final approval, unless the subdivider and the City agree otherwise, no amendment to a comprehensive plan or official control shallp apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to itspppp p regulations, the City may extend the ' period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may requireq Y q submission of a new application, unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application.. a" go \b- 5:gervais.mem (4) Attachments: 1. Location Map 2. Properly Line /Zoning Map 3. Preliminary Plat 3 Attachment 1 VjWWS mum -mom o • • .+ • M •. • • y • • 4q • • • = ` • •• . •. • g . cotodly OWL dp Nc 9 .. 40- as so 8 BEAM t'T o L c.,z z KOHUAAN AVE Z3 J COWTY ROAD c Z ALVVVM OR 3 BELLO= on PALM sl 4 DE404 LF OR G11. s xww oR •..ti CT• u ea• . s .• lb. lb.1k 9 t; LOCATION MAP OWA AM T t; VAC Q N 4 A +4,,.a~MJ% aft -L a in w a v LITTLE CANADA 3 to . 7*-.NM 97 Q7.7 40 N46iV1111IC11ir L. ono 2.31 irv. N w . a a o i h h t RAMS! COUNTY COUNTY Dr =7 POND 1 1 v 5 S. TZ 1 t GOV T LO I P .. ' may~•2$40 RAM couwrt v (37) w 2786vn T2 ac • ~ 227809i59`41 ' 0 2778 (17) , •w ,, 1 +41 1+, Fi S'b • y . rp sc `i !' N j 2770 ".' b 2 o ef' GERVAiS LAKE ' • y . 2764 op . ss•c. -- A". ,. GZ on Ze ice. Q c t w 3 sa t o0 n r" PROPERTY LINE /ZONING MAP SITE 5 Rai rA •o. 200 3a 4.11 1 Y 33 r:2878 w 4- p 3 o•n.. ,. s ... W 2860 :;: 12850 ......... J 2840 s, 4 % +'i a in w a v LITTLE CANADA 3 to . 7*-.NM 97 Q7.7 40 N46iV1111IC11ir L. ono 2.31 irv. N w . a a o i h h t RAMS! COUNTY COUNTY Dr =7 POND 1 1 v 5 S. TZ 1 t GOV T LO I P .. ' may~•2$40 RAM couwrt v (37) w 2786vn T2 ac • ~ 227809i59`41 ' 0 2778 (17) , •w ,, 1 +41 1+, Fi S'b • y . rp sc `i !' N j 2770 ".' b 2 o ef' GERVAiS LAKE ' • y . 2764 op . ss•c. -- A". ,. GZ on Ze ice. Q c t w 3 sa t o0 n r" PROPERTY LINE /ZONING MAP SITE 5 Ileo 40 w ac bm 1 0 a PRELIMINARY PLAT•FOR 20 LOTSJ ' Fi nail Platted a s the Fra tta 1 oneAdditionon9- -23 -8.5 . 6 ll APPl,icant'.s Site J 4 . N 3(ol.D ir trry p . Planning Commission _5_ Minutes of 9 -8 -93 Commi The me b. Preliminary Plat Time Extension: Gervais Overlook Ken Roberts, Associate Planner, presented the staff report and answered questions from the Commission. There was no one present representing the applicant. There were no comments from the public. Commissioner Pearson moved the Planning Commission recommend ending the Gervais Overlook preliminary plat approval because: 1) Government regulations and policies have changed significantly since the City approved this preliminary plat. 2) Over nine years have past since the City held a public hearing on this plat. There may be new neighbors. They should have the opportunity of commenting on the plans to develop this property. 3) There has been no substantial physical activity to develop this plat since the Frattalone Addition. Planning Commission -6- Minutes of 9 -8 -93 4) The Frattalone Addition will require a change in the Gervais Overlook lot lines. Ending this plat does not mean that the City is against the development of this property. The City will consider future applications based on the development standards in effect at the time of a new application. Commissioner Martin seconded Ayes- -all The motion passed. C, Canada W ods East Ken Roberts, Associate Planner, presented the staff report and wered questions from the Co ' sion. Jack Menkveld, of North Suburban D elopment, Inc., spoke representing applicant. Some of the Commissioners we concerned with the proposed place ent of the houses on Lots 6 -and 7 of BI 2. Mr. Menkveld said if Lots 6 and 7 of lock 2 and Lot 7 of Block 1 were e ' ated, the house on Lot 5 would remain in e same position due to the locati of the NSP easement. Commissioner Fisch r moved the Planning Co sion recommend: A. Approval of the r solution which approv lot -width variances for Lots 6 and 7, Block 2. The City ould approve these ariances because: 1. The variances because of tances that are unique to the property. The owner did n t cause thes circumstances. 2. The variances wo not ange the neighborhood's character. 3. The variances would et the ordinance's intent since the lot width at the back of the lots wool exceed the minimum code requirement. B. Approval of a front set ack f 185 feet for Lot 6, Block 2, 290 feet for Lot 7, Block 2, and 140 fee for Lot ,Block 1, because: 1. The new ho swill not a versely affect the drainage of surrounding properties. 2. The setb cks are needed to b d outside the NSP easement. This appr al is subject to the prop owners providing an all- weather drivewa to all three houses. C. Appr of south - facing houses on Lots 6 and 7 Block 2, and on Lot 7, Block 1, bec use: J' -5 MEMORANDUM TO:City Manager FROM:Thomas Ekstrand, Associate Planner SUBJECT:Conditional Use Permit Review and Change LOCATION:2210 white Bear Avenue APPLICANT:General Advancement Corporation (GAC) DATE:September 17, 1993 INTRODUCTION The conditional use permit (CUP) at 2210 White Bear Avenue is due for review. The CUP allows the sale of up to six used cars at a time. George Tait, of General Advancement Corporation (GAC), is requesting that the City approve the use of advertising streamers. (See his letter on page 6.) Condition 13 of the CUP prohibits the use of streamers, pennants, flags, flashing signs or other obnoxious sale devices unless they are approved by the Community Design Review Board. BACKGROUND August 14, 1989: The City Council granted the CUP subject to fourteen conditions. October 22, 1990: The Council reviewed the CUP. April 22, 1991: The Council amended the sign code to exempt streamers (defined as flags ") from needing a sign permit. June 10, 1991: The Council revised the CUP conditions, decided to review the CUP again in one year and approved a variance. The CUP changes were about the requirements to curb, pave and sod the site. The variance was to drop the required curb along the south lot line. June 22, 1992: The Council reviewed the CUP and decided to review it again in one year. DISCUSSION GAC has finished their required work and is licensed to sell used cars. This business has not caused any complaints or problems. Since the Council approved this CUP the Council has changed the sign ordinance to allow streamers and flags without a permit. Most car dealerships use streamers or flags. Other businesses also use streamers or flags. Being more restrictive with GAC than other businesses is not fair. There is no need to have a condition limiting flashing signs since the Sign Code already .prohibits them. RECOMMENDATION A. Delete Condition 13 of the conditional use permit at 2210 White Bear Avenue. B. Review this permit again if there is a problem. go \U- 5,gaccup.mem (11) Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. Letter K Attachment 1 0 Co o RD • LELANCO Ro c JU " ST Wom ST P t J w D Rk no Q: 6 t r t NOR: I LOCATION MAP 3 Attachment 2 6i t al art irD.i 2' I. • rM ` t , -•r n + sT 4T c 373040 0" its• Goo7 2 CONOOMINIVM ?OO a • / 04 A/0 • K 4 ( 0* 3 - ; N S S.4s 8 C ),. a, , N o cv0 - C67M50) CrTW? 01 tv IJ Z 7?' dp 't 7.7. ' •1S S S' M A • 2 ;r } 015 ^. l5 ' bro9D b `' j (19 18? (17) IG? ,42 •, 5) C) , t C 2 (u) C :. ( 8) ' (1044 Z T ^ 13 s s' 7:' 1s• v mss• 4s t . I C fa) C3) s t oft I A A Cr s Z A 14 t' - • WT rtiti:: • 'i ii :•i• • • • Soo '} .• 1170' 1 iiti • •1,• ,: Z o 2; • •.ti•. • oc ,ts. •tot mss• ..; 413 T+a 1 4 LLJ ^ C11 i• J 30) 3 M p Q PROPERTY LINE /ZONING MAP 4 4 N 4.9Z ae .8o 010 Z7 - 1 M 3F n Z 0) i 4 n - 0 6ttA 2 I o n4Z,2 BC =BUS I NESS COMMERCIAL LBC = LIMITED BUSINESS COMMERCIAL R1 =RESIDENTIAL SINGLE DWELLING R3 =RESIDENTIAL MULTIPLE DWELLI PROPERTY LINE /ZONING MAP 4 4 N Attachment I oWQ 2 a W IM W H om Q 1 FE ,NCE r 1 G.A.C. i BUILDING FF 1 FENCE N LOT L1 N E GRAVEL PARKING SITE PLAN s 4 N Attachment 4 JU. I- July 1,4, 1X93 To Whom It May Concern: The business GAC Auto Body, requests that it be permitted to continue to display streamers, banners and the like in the future as it has been doing up to now from the front two ends of the building d i agona ly to the sign in the parkway in the front of the property on 2210 White Bear Avenue. We believe these streamers help make the general public aware of our business act ivityandbringadditionalcustomersintoourshop. Sincerely, George Tait, President GAC Pre 0 T -4 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Construction Agreement LOCATION: Kennard Street, north of County Road C DATE: September 21, 1993 INTRODUCTION Steve and Kathy Lakin are requesting that the City Council approve the construction of a house. The house site is east of the undeveloped Kennard Street right -of -way, behind the properties at 1667 -1697 County Road C. The site includes three separate lots totaling 5.25 acres. (See the maps on pages 10 -11.) The Lukens have a contract for deed on the property. They intend to combine the three existing lots into one lot. The Lukins cannot build this house without the City Council approving a specialppgp agreement. The house would be on property that does not front on a maintained p ublic street. Section 9 -1 of the City Code states that "No building permits will be issued for any construction within the City, unless the building site is located adjacent to an existing street which is dedicated and maintained as a City street...". The Code allows the Council to approve an agreement with the property owner to handle an unusual situation. Kennard Street is an undeveloped, 66- foot -wide public proposeright-of-way. The Lukins roYp p to build a 12- foot -wide driveway on Kennard Street between their house and County Road C. This driveway would run between the park driveway and the house at 1667 County Road C. (See Mr. Lukin's letter on page 15 and the site plan on p a ge 13.) DISCUSSION Wetland Impacts A wetland is on the east part of the site. The Watershed District has calculated that the grading for the house would require filling about 3,400 square feet (0.08 acre) of the wetland. The watershed district is requiring that the Lukins replace the wetland that they fill by excavating an equal or greater area next to the wetland. (See the plan on page 13.) An option would be to require that the Eakins move the house to the southeast. They would then not have to fill or excavate the wetland. The Watershed Board has approved a permit for this work. The City Engineer is recommending that the property wner give the City Y an easement over the wetland. The easement would preserve the wetland for purposes. draina ge The easement also would prohibit mowing, cutting, filling or dumping within ten feet of the wetland. Drainage Two neighbors were ..concerned about the effect of the Lukin's proposal on storm water drainage. They noted that they have problems with wet basements or yards. These neighbors believe that this proposal will add to their drainage problems. The City Engineer told me that putting one house on 5.25 acres would not cause additional drainage problems. while the Lukins will be filling part of the wetland, they will excavate an equivalent amount so there is no net loss r of drainage area. Additional Homes There is the potential for two more houses with access from Kennard Street —one on the Lukin's north lot and the other on the lot north of Eakins. A wetland covers the lot north of Eakins. To fill for a house on this lot, the owner would have to find a wetland on another lot that he could excavate. Additional houses could be applied for on the Lukin's lots. There is room for more houses on Kennard Street and on the higher ground that is on the east side of theg Lukin's lots. There is access to the east side from the Flandrau Street right-of-way andY a 33- foot -wide strip next to 1697 County Road C. Fang may be required for additional houses, but part of the Lukin's lots could be excavated to allow filling. The City should require that the property owner do the following: 1. Deed to the City the rights to build additional houses on these lots. 2. Give the City a drainage easement over the wetland. 3. Deed the 33- foot -wide strip to the owner of 1697 County Road C or the City. The City should also vacate Flandrau Street. This would eliminate a potential access for another house on the Lukin's property. We have scheduled a hearing to vacate Flandrau Street on October 11, Access There are four alternatives for these properties: 1. Private drive 2. Public street 3. Deny access 4. Buy the Property for Open Space 2 Alternative 1. Private Drive Since the house would not front on a ublic street emergency vehiclesPgyIles may have difficulty finding the house. The Lukins should agree: 1. To hold the City anfromrom or the use of the right-of-way or anyliabilityfgYY delay in emergency vehicles finding the house. 2. That the City is not responsible for maintaining the drive. Alternative 2. Public Street If the City built a public street, we would only e able to assess about 25% of theY costs. The City would have to pay the rest. Building a street would not be cost - effective for one house. Buying the Lukin's lot may be cheaper than buildin g the street. Alternative 3. Deny Access If the Council chooses this option, they should consult with the City Attorney to see iftYY he could defend the City against legal action. The owner may sue us for inverseY condemnation. Alternative 4. Buy the property for open space There are four reasons to buy this site: 1. The City's land use lan shows this site for open ace.P p p 2. This site would be a natural open space extension of the Park 3. Buying the site for open space would eliminate the public safety concern of a house that does not front on a maintained street. 4. The neighbors are requesting that the City keep this site as open ace.P p The City is planning this property for open space. (See the land use plan on page 12.) Many of the neighbors stated they prefer to keep this property for open space and wildlife habitat. In 1992, the Maplewood Open Space Committee rated this site 31 out of 66 sites. The ratings also ranked this site 5th out of 12 sites in that neighborhood. The Open Space Committee strongly recommended that the City buy nineteen sites — fifteen of the top - ranked sites in the City and four sites ranked high in each of four neighborhoods. The Committee did not include the Lukin's site in the topnineteen. The City will have a $5 million bond issue about buying open space on the November ballot. 3 The site is adjacent to Hazelwood Park. However, the Director of Parks and ° n RecreationrecommendsthattheCitofacquirethisparcelforparkproperty. Becaus e of the parkparkinglottothewest, this property would not have much valueue to the park. If theCityptheLukin's lots for a ark the Citypark, aught use them for a picnic area. There are four options for buying this site:ymg Option 1. Use general fund money,O Y Option 2. Use Park fund money. Option 3. Order a public improvement °P project and assess the costs.Option 4. Use open space money f the referendumeferendum passes. Comments on Option 3: The wetland on t .his site is shown as a stormwater holdspondontheCity's drainage plan. (See the nggPdrawingonpage14. Eventually 'should consider • • g y, the Cityideracquiringthewetlandandbuild ° City could require that the Lukins dedicate he connecting storm water p TheCipp e a drainage easement over the wetland asconditionofbuildingahome. If the Co uncil chooses option 3, the a the pond that is south of Count Road C Y should also ac quireC. If the Council decides to consider buyingying the Lukins lots for open space, the CorequestforPP untilshouldtablethereqahouseuntiltheCityhasdeterminedwhethertobuythesite. The Councilcil should choose one of the four options above to buy the site. If theCopCouncilchoosesOptions1or2theshould ° l chooses O Y order an appraisal of the property. If theCouncilOption3thesPyouldorderafeasibilitystudy. If the Coun 'Option 4 the should cil choosesYwaittoseeifthereferendumpasses. Conclusion The City should let the Lukins build one house with conditions to insure that no morehouseswillbebuiltonthesethreelots. The Lukins should give the City easements forthewetland. This would insure that the majority of the site stays as open space with nocosttotheCityorassessmentstotheneighbors. The City should vacate FlandrauStreet, require that the Lukins deed the 33- foot -wide strip next to 1697 County Road CtothatowneranddeedfuturedevelopmentrightsforthelotstotheCity. This wouldinsurethattherewouldbenofuturehomesbuiltonthesethreelots. The Lukins are opposed to these conditions. Their opposition creates some doubts as totheirfutureintentionsforadditionalhomesontheproperty. The City had a similarsituationin1992whenMarloPriebeaskedtobuildtwohousesonsevenlotsthatdidnotfrontonapublicstreet. (See the history on pages 8 and 9.) There was a wetlandonthisproperty. The City required that he deed further development rights to the City,give the City a drainage easement for the wetland and pay a cash connection charge.These are the conditions that the Lukins are objecting to on their property. 4 RECOMMENDATION Adopt the resolution on page 21. This resolution approves an agreement to constructonehouseonalotthatdoesnotfrontonapavedstreet. The City approves thisagreementbecause: 1. This situation is unusual. 2. The property owner did not cause the existing conditions.3. The drive and one house would not alter the neighborhood's character.4. The City has approved other homes on private drives. This resolution requires that the property owners or the Lukins do the followingbeforetheCityissuesabuildingpermit: 1. Record agreements against the property that: a. Hold the City harmless from any liability for the use of the right -of -way oranydelayinemergencyvehiclesfindingthehouse. b. State that the owner of the Lukin's property is responsible for maintaining the drive. C. State that the City may change this agreement if the City approvesanotherhouseonthisdriveway. The City Attorney shall draft these agreements. 2. Give the City Engineer a grading, drainage and erosion control plan for theproposedhouseanddriveway. The erosion control plan shall be consistentwiththeRamseySoilandWaterConservationDistrictErosionControl Handbook. The driveway must be an all- weather surface that is at least twelvefeetwide. The City shall not issue a building permit unless the City EngineerandtheFireMarshalapprovethisplan. All construction must follow this plan. 3. All construction shall follow the site plan the City stamped July 14, 1993. TheDirectorofCommunityDevelopmentmayapproveminorchanges. 40 Combine the three properties into one tax parcel. 5. Record a deed to the City that prohibits any additional houses on these lots. 6. Deed the 33- foot -wide strip on the east side of 1697 County Road C to that property owner. If the property owner will not accept the property, deed it totheCity. 7. Install a sign at County Road C and the driveway that states the propertyaddressandthatthedriveisprivate. 8. Record a drainage easement to the City that covers the wetland and the landthatistenfeetbeyondthewetland. This easement shall prohibit mowing,cutting, filling or dumping within ten feet of the wetland. The Eakins shall notrecordthiseasementuntiltheCityEngineerapprovesit. The wetland'sboundaryshallbeasdefinedbytheRamsey- Washington Metro WatershedBoard, 9. Pay the City $7,000 for cash connection charges to connect the house to theCitysewerandwater. 10. Have the location of the building staked by a registered land surveyor. 6 CITIZEN COMMENTS The City sent surveys to thirteen property owners near the site. We received ten replies.Two were for the proposal and eight were against. Those for the proposal had the following comments: 1. I want to see the entire 5.25 acres tied into one lot. Also, abandon Flandrau Street and begin maintaining the entire parcel of land. (Sigmundik - 1697 County RoadC) Those against the proposal had the following comments: 1. This will be only the first of more problems with the proposal. It is the buyersproblemforpurchasingproblemproperty. (Overson - 2647 Gem Street) 2. There is other property to build on in Maplewood better suited for housing. Sell to the City and extend the park -leave as is for wildlife -after the owner cleans it up.The former owner has buried all types of machinery and junk in that propertywhichhasprobablypollutedthewatertableinthisarea. (Ktingle - 2655 Gem Street) 3. Could be higher taxes and I like it the way it is now. (Meissner - 2675 Gem Street) 4. It directly adjoins my property and I foresee a number of houses on that 5+ acres. I see a loss of wildlife, deed ducks, geese etc. plus a road which would destroy thepresentwetlands. I think it would be a bad mistake. Donate or sell it to the villageforawildlifesanctuary. (Bennett - 2687 Gem Street) 5. The land should be used as a wildlife refuge - If it is developed, let it be singlefamilyhomes. (Martin - 2691 Gem Street) 6. See the letters on pages 16 -20. 7 REFERENCE SURROUNDING LAND USES North: A 2.6 -acre parcel owned by M & M Financial Company in St. PaulpY Westerly: The undeveloped Kennard Street right -of -way and Hazelwood Park Southerly: Four single - dwellings Easterly: Single - dwellings SURVEY of o -iER cmEs In 1992, the City staff surveyed twenty suburban cities to see if they allow homes that front only on private driveways. Only four allow such lots. These four cities require City Council approval for such a request. HISTORY Other Similar Requests (buildings not on an improved public street) April 20, 1978: The City Council approved a request for Lorrie Heinzen to construct a house at 2554 Idaho Avenue. Ms. Heinzen's lot did not front on a aved street. Thehe Council approved the request, subject to the owner paving a driveway o the existingg street. May 18, 1978: The City Council approved a request of James Sobota to construct a storage building east of 2054 English Street. This building is on property that does not front on a paved street. This approval was subject to two conditions—the City Engineer approving the driveway design and the applicant recording a maintenance agreementforthedriveway. May 1, 1980: The City Council approved a request from Keith Libby to build three homes on a parcel that does not front on a public street. The site is on Century Avenue, south of I -494. The only access to this parcel is a 30 -foot right -of -way from CenturyAvenue. This approval was subject to Mx Libby installing a paved driveway on the right -of -way to the City Engineer's specifications. The City also required the applicant to sign an agreement to maintain the drive to City standards, including snow plowing. July 13, 1992: The City Council approved three requests for Radmila Popov for the Pilerich property at 860 Burke Court. Burke Court is a private driveway. These requestsallowedMs. Popov to divide the property at 860 Burke Court into three lots. This approval also allows a total of five lots that do not front on an improved public street. November 23, 1992: The City Council approved a construction agreement and street vacations for Marlow Priebe. This agreement allowed the property owner to build two a houses on a private driveway. This property is south of the Eldridge Avenue right -of- way and west of Birmingham Street. These two houses are on lots that do not front on an improved public street. July 26, 1993: The City Council approved a construction agreement and an increased front setback for the Korfs. This agreement allowed them to build a house with a private driveway on a land - locked property on South Sterling Street, UTILITIES There is City sewer and water in County Road C. go/b- 5:memo54d.mem (3) Attachments: 1. Location Map 20 Land Use Map 3. Property Line /Zoning Map 4. Site Survey and Grading Plan 5. City Storm Water Plan 60 Letter: Lukins 7. Letter: Meyers 8. Letter: Hoppe 9. Letter: Corbett 10. Resolution: Construction Agreement 11. Resolution: Vacation of Flandrau Street 12. Site Survey (Separate Attachment) 9 CONSTRUCTION AGREEMENT RESOLUTION WHEREAS Steven Lukin is asking that the City approve an agreement for the construction of a single dwelling. WHEREAS, the legal description of the roe is:P p Y The north 102 feet of the south 280 feet of the west 525 feet subject to street of the SE 1/4 of the SE 1/4 of Section 3, Township 29, Range 22; and The north 133 feet of the south 413 feet of the east 492 feet of the west 525 feet of the SE 1/4 of the SE 1/4 *of Section 3, Township Raa 22 ; andg The north 215 feet of the south 62.8 feet of the east 525 feet of the west 558 feet of the SE 1/4 of the SE 1/4 of Section 3, Township 9 Range 22.P g WHEREAS Section 9 -1 of the Maplewood Code of Ordinances requires lots to frontq on a publicly dedicated and maintained street. WHEREAS, the above - described dwelling would not front a publicly- maintained street. WHEREAS, the history of this request is as follows: 1. The Planning Commission discussed this request on September 20, 1993. They recommended that the City Council approve the request. 2. The City Council discussed this request on September 27, 1993. The Council gave everyone at the meeting a chance to pspeakandresent written statements.P The Council also considered reports and recommendations from the City staff andtYsta Planning Comnussion, NOW, THEREFORE, BE IT RESOLVED that the City Council ap the abovepP described agreement because: 1. Record agreements against the property that: a. Hold the City harmless from any liability for the use of the right -of -way or any delay in emergency vehicles finding the house. b. State that the City is not responsible for maintaining the drive. The City Attorney shall draft these agreements. 21 2. Give the City Engineer a grading, drainage and erosion control plan for the proposed house and driveway. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. The driveway must be an all- weather surface that is at least twelve feet wide. The City shall not issue a building permit unless the City Engineer and the Fire Marshal approve this plan. All construction must follow this plan. 3. All construction shall follow the site plan the City stamped July 14, 1993. The Director of Community Development may approve minor changes. 4. Combine the three properties into one tax parcel. 5. Deed to the City the right to build any additional houses on these lots. 6. Deed the 33- foot -wide strip on the east side of 1697 County Road C to that property owner. If the property owner will not accept the property, deed it to the City. 7. Install a sign at County Road C and the driveway that states the property address and that the drive is private. 8. Record a drainage easement to the City that covers the wetland and the land that is ten feet beyond the wetland. This easement shall prohibit mowing, cutting, filling or dumping within ten feet of the wetland. The Lukins shall not record this easement until the City Engineer approves it. The wetland's boundary shall be as defined by the Ramsey Washington Metro Watershed Board, 9. Pay the City $7,000 for cash connection charges to connect the house to the City sewer and water. 10. Have the location of the building staked by a registered land osurver.Y Adopted on , 19930 22 Attachment 1 NZZf now t • • • • • f • a • •• •• • • - • • ate• jf •'•" • • •• •• • •.• • •• •• •• •I , • •• • M. COUNTYRD. p ROAD J 21AlSEYIT • • ,COUNTY 't. COURT KOHIMAN AVE ` ...... rri ty KOHLMAN '1 ROID to . sl El 0461 le ST o oN N W EocaatLL RD. 6 ... AVE 1 0 ...._._ see** GERVAIS AVE. EU COPE 3 CT. L. E?EfltT AVE- . A ROOKS AVBROOKS . •.F AVE. Et EI .. SEX TANT A •.AVE- 34= - sarlr !, •o • GMAIS cERVAts GERVAIS AVE. ••v CRANOVI .E1M AVE. CT. . Vii m DFL Y • - CAnj A ERREN AVE. Kn cd tck CIIS'T1.E AVE. • AVE.COPE AVE. V . to LOCATION MAP N 10 W[ LYDIA 3 op o v o 0 tK" o D BEAM AVE. O ems, Women!" emeee, lee0 cc RADATZ J 21AlSEYIT • • ,COUNTY 't. COURT KOHIMAN AVE ` ...... rri ty KOHLMAN '1 ROID to . sl El 0461 le ST o oN N W EocaatLL RD. 6 ... AVE 1 0 ...._._ see** GERVAIS AVE. EU COPE 3 CT. L. E?EfltT AVE- . A ROOKS AVBROOKS . •.F AVE. Et EI .. SEX TANT A •.AVE- 34= - sarlr !, •o • GMAIS cERVAts GERVAIS AVE. ••v CRANOVI .E1M AVE. CT. . Vii m DFL Y • - CAnj A ERREN AVE. Kn cd tck CIIS'T1.E AVE. • AVE.COPE AVE. V . to LOCATION MAP N 10 A + krn,, p I L. L 020 9 VILLAGE of MAPLEWooDMRm 3 7t2 - - ( 3 ) 4 10 37(0.68 I -*7 3 a.G. i ° `' V I N ou Fes''c 2 10 ; 8 l O 2 9 la O 3 - I I 101 el 3.65 as. fit VILLAGE OF MAPLEWOOD PONDING AREA Dec 181Z 13 - T2 - h Q ( (7) OPEN SPACEI 220 1 1 RAM` 18.9fcac) i h 82 , Q , CouN. 131' 7. 71 ' t IZ 51 .7!' R — _ _ _ r s i8' SS' oY E --"— - - - - -- ---- -- — — - — — - — -- -+ice -- -,. _ — 20. 90 — -- - -3.33m. Ri r VALE = # `` ant, 1243) 35s* ».s. 66' ITEMFI , 'c N1. N C) t V1. (47) ^ (49) o 01 &ft. O 8 Z C50) 2740; D 'sABS 'S' 02" E 3 9. &oac • "' 4,. : 8z 0 42733 270 2gCITY -OWNED PROPERTY 37 (AW , ; o0080 2723 ` - a . Z ac 2720 2 03 4 t 361 .___.._8) HAZELWOOD PARK 2.. (a 0 atc.. slsa o _ R in 2711 2716co O ' 2699 0' -N Z 2714 Z ON + uj 2696;ac -.z. o a` 2x91 I mwb 4 44) 7 26_823 _ Gac - o + 2688 t 5 z 5'268 7 p A . 9q a . R =S 2678 PROPOSED HOUSE LOCATION ` a (s' c,ta+' 4 ' ` Fir 39SITE .46ac X41) 2675 m 2680 2 I 2670 °' 09 -f '- + 313` LJ Q + E d 04744. i) O C . 04- l.l5dc. 0 2 2660 z 10 0 o - 2664 r ' _ i I F' t ; 3 73 2855 ' o 64 I ' , 36,EWv ,,, 1675 a - v Oocog1697G 7 41 1 9 -r g ` 2647 0 L ' s + , Y a "" . 179 20 11A 103 O 100 100 r. 1 COUNTY - - - 26 3s 2 z 66 1 8'ROAD C - -- , 31s . - ,0. . . j .. nn.i PROPERTY LINE /ZONING MAP 4 N r • . Q V 1 11110 1 1 1. J Interchange iprinci interchangepalarterial6 AF I Vadnais Heights os R3 ' i r B C1 ma CoRd. o ;ormot M 1 ' o — asp } major collector m a f i iin .UW,° «' O J r rial BC 0 ial BC(M) - ' —R-2 a +_ i R -1 M - 1 _ - LeR3CM) C 30. 0 R— sw a1or 'co ltecttu -Nil t r L FS - Ft- 0 Nor 1 • ' '' Cr Os Cs CO .- ------BC R(H)L6 0108 r _ major collector _ _:..... H , vais_ - -- cf* LBC —1 Q G _ NC Mai L. Highway 36 r ._. _ I 'n a rlha ge r c P :-"PARK - oS'_OPEN SPACE R -1 = SINGLE _ W m t DWELLINGS C _ CHURCH LAND USE SITE 12 Attachment 4 WONITY MAP _ , OWOGRAPHIC & BOUNDARY SURVEY OF MR. « MRS. S'WVE LMM PROPERTY PROPERTY LINE LOCATED 14 SE 1/4* SE IA SECTION 3 TOWNSHIP 29 NORTK RANGE 22 WEST ••••• •• q'tY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA kb Er ...a am • 4w a11QtAt1. NC!!EJI VIrETLAND EDGE -- -- t t f t t • wrr R AREA OF WETLAN s • °'•' FILLING iiN N :'•• l :j MAIN I.aT • W .- ; : ; • ' :z; ' ; . •: : •:•s;;M;;;.. ui ''.:•: • r: r :•: p co AREA OF WETLAN MITIGATION100 WX Arm .c•: WETLAND EDGE W lit PROPERTY LINEN oir ow a a r W EXISTING BARRICADE i a KEMPER ASSWAM INC`1 • 5'+ LAND 3URVE1MIa • 94WAMX O CERTIFICATE OF SURVEY 'NVOL 13 Attachment 5 MAPLEWOOD DRAINAGE PLAN LUKIN SITE 14 4 N BEAM AVENUE r------- L - - - - 11 rb LA w a Ui CCD l,l,l,t t, 1'1'111 'I d W v / 1,1,1,1 ,1,111 w W t r v 1 5 W 210 ,IL o I WW Nil, 11 !1 .COUNTY ROAD C RCOUNTYRDC N 2 I" N 12" 2. 111 1 w 1 LAI 1 1'11 Q 1 f 1 f;l, a ' I , w1Q I l ' i ' ' ' I '1 lil1t, t 12CL l l''''',', 1 1 I 1 li 1 Ifljt' 1 MAPLEWOOD DRAINAGE PLAN LUKIN SITE 14 4 N Attachment 6 IN;` Mr. Ken Roberts Associate Planner City of Maplewood June 25, 1993 Dear M,. Roberts; We have purchased property east of Hazelwood Park and are requesting permission to begin construction of a single family dwelling. This property does not currently have access to an improved road, therefore, it is necessary for a driveway to be constucted off County Road C using the un- improved Kennard Street right away. We have enclosed a topographic and boundry survey of the property to readily expedite the process. We have been residents of Maplewood our whole lives and look forward to building our second home here. Our current home has been sold and we will need to move into rental property with our three children until the completion of our new home. We will be moving from our present home August Ist and it is our sincere hope to once again work with the city of Maple- wood. Si nc rel y, Steve and Kathy Lukin 2602 Hazelwood Maplewood, MN 55109 77O-6959 15 I Attachment 7 r7 4L A00 0 . 00 a' oe 66 dot dWWPW Ao 16 Attachment 8 July 11, 1993 1675 East County Road C Maplewood, MN 55109 -1117 Mr. Kenneth Roberts Associate Planner City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Mr. Roberts, Thank you for the opportunity to respond to the proposal. by Steve and Kathy Lukin to build a home behind my property (1675) and that of my next door neighbor at 1667. I have lived at 1675 East County Road C for twenty -two years, and have seen much change come to the area. My first choice for the property would be to have the city purchase it as an "natural state" wildlife and wetland addition to Hazelwood Park. There has been a great deal of development in the area in the past two decades, and open space is becoming a premium. This area is a rich and rare animal and plant habitat. Red fox, deer, rabbits, raccoons, squirrels, pheasants, Canada geese, mallards and a host of other birds are but a few of inhabitants, along with an abundance of wildflowers and plants. I object to this proposal because I do not have enough information about the plans for developing the property. On a personal level, I will lose some highly valued privacy should this home be built. Beyond that, however, I have a number of specific concerns: 1. I would object to paying or having my present neighbors pay any costs associated with the development of this property, since there would be no benefit at all to us should this proposal be approved. This includes costs to build an access road, bring in water, sewer and other utilities and anything else involved in the project. 2. I feel the proposal should include a contingency that treats the entire 525 acres as a single home building site. In other words, the owners would only be able to build one single family dwelling on the 5.25 acres and not be allowed to subdivide the property for other building sites. 3. Much of the property involved in the 5.25 acre site is low and marshy, often with standing water. In winter, kids ice skate on the little ponds. In my understanding, this area may fall within the protective guidelines of the state wetlands preservation laws. That would certainly influence the type of development that could take place. Domes the city know the implications of wetland preservation law as it might influence development on this property.? Wetlands are among our most valuable resources against flooding among other things. Markham Pond is already a holding area for the city. Hazelwood Park and its 17 soccer fields are already saturated this year. What impact might development to the east of the park have on the area? 4. The area directly behind my house is low and has often has standing water. If it is filled in, I will have massive water drainage problems. I have had a lot of problems with water flow changed by human hands, and I need to do whatever I can to protect my property. When I first moved into the area, there was afemur -plex under construction to my east (1.681) and an empty lot to the west. While the lot on the west was low enough to hold water runoff on its own, all three lots drained naturally to the north {the 5.25 acres identified in this proposal }. The owner of the four -plex built up the back yard of his property to a height of about four feet above my yard and made a bank running down and onto my property. I planted trees and grass seed to slow runoff from his yard, but still I get it. Then the same property owner built a home on the west side of my lot. That yard was built up to a height of about five feet above my yard. Many mudslides later, a retaining wall was built to hold the fill, but this means both the back yards to the east and to the west of me are much higher than mine. If the lot to the back of mine is also raised, there will be no place for water to drain out of my back yard, and I will have a mudhole. 5. If an access road is needed to this property, I think it should come through the established easement for Flandrau street rather than run a driveway off Co. Rd. C and along the parking lot for Hazelwood Park. I envision a lot of confused drivers thinking the driveway is another access to the park or acut- through between Co. Rd. C and Beam Avenue. If you have any questions, please call me at 642 -5360 (office) or 7T7 -6200 (home). Sincerely, a 'ce M. Hoppe a 1667 East County Road C Attachment 9 Maplewood, MN 55109 JULJuly13, 1993 Dear Mr. Roberts: We own the property at 1667 East County Road C, Maplewood, and wish to respond to the neighborhood survey received from your office regarding the proposed develop- ment of the 5.25 acres to our north by the Lukins. At this time, we do not have all the facts, and we are opposed to any development of the property for the following reasons: 1. Any development, to include a single family residence, will destroy or substan- tially impair the area as a natural habitat and wetland. In our opinion, the entire acreage should be purchased by the city of Maplewood inorder to preserve its natural state, and it should be added to Hazelwood Park. 2. Currently, water runoff often covers portions of the paved trail in the park, near the northwest corner of the proposed development. The lower soccer field is also occasionally under water. Any home, garage, road, driveway, pavement, etc. will only compound existing water flow problems in the park. In the long run, the city may well save money by purchasing the acreage and enhancin g the park, rather than spending funds on piece -meal drainage or grading projects which are certain to be exacerbated by the development of this property. 3. What is the city's position regarding the property to the north of the proposed acreage? We feel that this property should be added to the park as well. If it isn't acquired by the city as park property, what development will be allowed, and will the proposed Kennard Street entrance be used? Were the proposed Kennard Street to be used as a road for even a single family dwelling, it would place greater demands on the proposed 12 foot unimproved road. vivert Maplewood's snowy winters, would this require that the 12 foot road be ex- panded and improved? Any development expansion or improvement would further complicate water flow problems in the park. 4. Any road, improved or unimproved, on the proposed Kennard Street property would substantially detract from the park, as well as close that area of the park to future development, enroach upon the openness of the park, and create traffic problems for those driving into the park. The proposed road would be less than 12 feet from the park entrance, and while this would be confusing to entrants, it would also create a dangerous situation for our children, who are presently 5, 4, and 2 years of age. 19 21 Beyond the danger created by any appropriate use of the road, it is easy to imagine that errant park entrants, upon realizing that they are not in the P ark, would be annoyed and frustrated, and thus drive in a distracted and less- than -safe manner. Additionally, a road so close to the park would be walked upon and across, much as that area is now used by neighborhood children and adults, who believe that they are in the safety of the park and would not be on the lookout for traffic entering or exiting there. 5. We object to paying for any development expenses, including roads, sewer, water, other utilities, and any other associated expenses. 6. Our neighbor at 1675 East County Road C already experiences water flow and run- off problems, even during ormal rain ears. An development will likely add watergYYPY to her yard, and otherwise negatively impact upon the usage and value of her property as well. 7. Personally, we stand to lose the much valued privacy which initially led us to purchase our property. We also stand to lose ro ert value.P P Y Accordingly, we object to any development, and request that the city of Maplewood purchase this property for the park system, and preserve its natural ualitq Y as a wetland. In the event that our objection and the objections of our neighbors are overruled by the city, any authorization for development should be for only one (1) single family residence with all access including oad and utilities to be through the Flandrau Streetgg entrance rather than the proposed area. Finally, we formally request that the city of Maplewood obtain the appropriate a encagency or Judicial determination as to whether all or part of the proposed acreage, including the other privately -owned acreage to the adjacent north, is full or partially precludedgJYPYP from development pursuant to state habitat or wetland preser- vativi S - awtes. We also request that the above be obtained before an furthei consideration of the proposal occurs. Please contact us in writin g regardingreardin this issue. If you have any questions or concerns, please call us at 777 -0648. Thank you for your consideration of this letter. Sincerely, Kathleen L. Corbett 1 r' AN Robert E. Corbett 20 CONSTRUCTION AGREEMENT RESOLU110N WHEREAS, Steven Lukin is asking that the City approve an agreement for the construction of a single dwelling. WHEREAS, the legal description of the property is: The north 102 feet of the south 280 feet of the west 525 feet, subject to street, of the SE 1/4 of the SE 1/4 of Section 3, Township 29, Range 22; and The north 133 feet of the south 413 feet of the east 492 feet of the west 525 feet of the SE 1/4 of the SE 1/4 of Section 3, Township 29, Range 22; and The north 215 feet of the south 628 feet of the east 525 feet of the west 558 feet of the SE 1/4 of the SE 1/4 of Section 3, Township 29, Range 22. WHEREAS, Section 9 -1 of the Maplewood Code of Ordinances requires lots to front on a publicly dedicated and maintained street. WHEREAS, the above - described dwelling would not front a publicly- maintained street. WHEREAS, the history of this request is as follows: 1. The Planning Commission discussed this request on September 20, 1993. They recommended that the City Council approve the request. 2. The City Council discussed this request on :September 27, 1993. The Council gave everyone at the meeting a chance 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 agreement because: 1. Record agreements against the property that: a. Hold the City harmless from any liability for the use of the right -of -way or any delay in emergency vehicles finding the house. b. State that the City is not responsible for maintaining the drive. The City Attorney shall draft these agreements. 21 2. Give the City Engineer a grading, drainage and erosion control plan for the proposed house and driveway. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. The driveway must be an all- weather surface that is at least twelve feet wide. The City shall not issue a building permit unless the City Engineer and the Fire Marshal approve this plan. All construction must follow this plan. 3. All construction shall follow the site plan the City stamped July 14, 1993. The Director of Community Development may approve minor changes. 4. Combine the three properties into one tax parcel. S. Deed to the City the right to build any additional houses on these lots. 6. Deed the 33- foot -wide strip on the east side of 1697 County Road C to that. property owner. If the property owner will not accept the property, deed it to the City. 7. Install a sign. at County Road C and the driveway that states the property address and that the drive is private. 8. Record a drainage easement to the City that covers the wetland and the land that is ten feet beyond the .wetland. This easement shall prohibit mowing, cutting, filling or dumping within ten feet of the wetland. The Lukins shall not record this easement until the City Engineer approves it. The wetland's boundary shall be as defined by the Ramsey- Washington Metro Watershed Board. 9. Pay the City $7,000 for cash connection charges to connect the house to the City sewer and water. 10. Have the location of the building staked by a registered land surveyor. Adopted on 119930 22 Planning Commission -2- Minutes of 9 -20 -93 V. NEW BUSINESS A. Con 0tional Use Permit: 2610 Highway 61 (Mitsubishi) (Section 9) Ken Rob s, Associate Planner, presented the staff report. Rick Kline was present represent' the applicant and answered questions from the Commis ion. There were no commen from the public. Commissioner \ foR moved the Planning Commission reco end approval of the resolution whiroves a conditional use permit to exp d a maintenance garage at 2610 HighwThis permit is based on the findin required by ordinance and is subject to thwing conditions: 1. All construction sh follow the site plan thrthe City stamped August 4, 1993. The Director of Co unity Development "approve minor changes. 2. The proposed construc 'on must be su tantially started within one year of Council approval or the ermit shall nd. The Council may grant up to one one- year extension of the pe 't. 3. The City Council shall revieiK this permit in one year. Commissioner Pearson s Commissioner Rossbach ref ed to th commercial property study which is under consideration by the Pla g Commis 'on. Mr. Rossbach said he is opposed to commercial property ne t to residential roperty without a suitable buffer zone. He feels that this propos will bring more t c onto County Road C affecting the area to the east which is esidential. The Commissio voted as follows: Ayes -- nspach, Anitzberger, Axdahl, Fischer, Kittridge, artin, Pearson, Siginundik Nays -- Rossbach The motion passed. B. Kennard Street, North of County Road C (Lukins): Construction Agreement, Street Vacation— Flandrau Street (Section 3) Commissioner Sigmundik removed himself from participation on the Planning Commission for this item. Planning Commission -3- Minutes of 9 -20 -93 Ken Robert, Associate Planner, presented the staff report and answered questions from the Commission. The Commission discussed the possible means of access to the property from County Road C, proposed filling of portions of the wetlands, and the possible acquisition of this property for park or open space land. Steve Lukin, 1487 East Cope Avenue, the applicant, explained the proposal. Mr. Lukin said he is not a developer and has no plans to become a developer. Mr. Lukin said he is opposed to the recommended staff condition requiring him to record a deed prohibiting any further development on this property, because it will diminish the value of this property. Mr. Lukin said he also is opposed to giving the City a drainage easement for the wetland and the ten feet of land beyond the wetland. He said he finds the $7 sewer cash connection charge unacceptable. Mr. Lukin said he would like to have a reassessment of this charge, taking into consideration the past assessment actions of the City regarding this property. Commissioner Kittridge asked the applicant if he would be willing to reconsider recording a deed to prohibit further development to assure the adjacent property owners that he does not intend to further develop this property. Mr. Lukin responded that this deed would diminish the value of his property, but he would consider negotiating an agreement with the City to purchase this property. Bob Corbett, 1667 East County Road C, asked that the City consider purchasing this property for open space and to avoid future problems with wetlands and drainage. Mr. Corbett asked that the -Commission table this item until after the open space referendum. Steve Hagen, 2699 Gem Street, said he has drainage problems on his property and he is concerned about the impact of this proposal. Nora Meyers, 2711 Gem Street, said she has drainage problems on her property and she is concerned with additional drainage problems. Marvin Sigmundik, 1697 East County Road C, explained the history of the drainage problems in this area. Mr. Sigmundik said he feels the Lukins should record a deed that prohibits further development on the property. Janice Hoppe, 1675 East County Road C, said she is concerned about the drainage problems. Steve Lukin spoke regarding the slope conditions required as part of the Watershed permit. Vicky Kringle, 2655 Gem Street, asked that this item be tabled until after the open space referendum. Planning Commission -4- Minutes of 9 -20 -93 Commissioner Rossbach said this proposal would allow a house to be built in the back yard of the homes on County Road C. Mr. Rossbach said this house would infringe on the neighbors because of the small size of their adjacent lots. George Rossbach, 1406 East County Road C, spoke regarding the history of Kennard Street, Commissioner Fischer moved the Planning Commission recommend: A. Adoption of the resolution which approves an agreement to construct one house on a lot that does not front on a paved street. The City approves this agreement because: pp gr' 1. This situation is unusual. 2. The property owner did not cause the existing conditions. 3. The drive and one house would not alter the neighborhood's character. 4. The City .has approved other homes on private drives. This resolution requires that the property owners do the following before the City issues a building permit: 1. Record agreements against the property that: a. Hold the City harmless from any liability for the use of the right-of-wayigoranydelaynemergencyvehiclesfindingthehouse. b. State that the owner of the Lukins property is responsibleonsible forp maintaining the drive. C. State that the City may change this agreement if the City approves another house on this driveway. The City Attorney shall draft these agreements. 2. Give the City Engineer a grading, drainage and erosion control plan for the proposed house and driveway. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. The driveway must be an all-weather surface that is at least twelve feet wide. The City shall not issue a building permit unless the City Engineer and the Fire Marshal approve this plan. All construction must follow this plan. 3. All construction shall. follow the site plan the City stamped JultYPY 14 1993. The Director of Community Development may approve minor changes, es. g Planning Commission -S- Minutes of 9 -20 -93 4. Combine the three properties into one tax parcel. 5. Record a deed to the City that prohibits any additional houses on these lots. 6. Deed the 33- foot -wide strip on the east side of 1697 County Road C to that property owner. If the property owner will not accept the property, deed it to the City. 7. Install a sign at County Road C and the driveway that states the property address and that the drive is private. S. Record a drainage easement to the City that covers the wetland and the land that is ten feet beyond the wetland. This easement shall prohibit mowing, cutting, filling or dumping within ten feet of the wetland. The Lukins shall not record this easement until the City Engineer approves it. The wetland's boundary shall be as defined by the Ramsey- Washington Metro Watershed Board. 9. Pay the City $7,000 for cash connection charges to connect the house to the City sewer and water. 10. Have the location of the building staked by a registered land surveyor. B. Adoption of the resolution which vacates Flandrau Street, north of County Road C. The vacation is subject to retaining a drainage easement over the entire right- of -way. Commissioner Martin seconded Ayes -- Allenspach, Anitzberger, Axdahl, Fischer, Martin, Pearson, Rossbach Nays-- Kittridge The motion passed. Mr. Sigmundik resumed his position on the Commission.