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HomeMy WebLinkAbout1993 10-11 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 11, 1993 Council Chambers, Municipal Building Meeting No, 93 -22 AG CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes of Meeting 93 -21 (September 27, 1993) E. APPROVAL OF AGENDA EA. PRESENTATIONS 1. Human Relations Commission Appointment F. CONSENT AGENDA • Consent Agenda are considered to be routine by the City All matters listed under the Conse g on these • enacted b one motion. There will be no separate discussion Council and will be ena y • item, items. If a member of the City Council wishes to discuss an i , that item w i l l be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Ambulance Bill - Application for Cancellation 3, Final Payment - Seal Coating 4. Certification of Election Judges 5. Conditional Use Permit Review: 2305 Stillwater Road (Sarrack's) 6. Conditional Use Permit Review: 2696 Hazelwood Avenue 7. Conditional Use Permit Review: 1177 N. Century Avenue (East Co. Line Fire Station) 8. Conditional Use Permit Review: Highway 61 (Carnival Play Systems) G. PUBLIC HEARINGS 1, 7:00 P.M., Street Vacation: Flandrau Street H. AWARD OF BIDS I. UNFINISHED BUSINESS to Maplewood Assisted Care Living Facility Alley Vacation Street Vacation Rezoning Lot Sale Density Variance Parking Space Reduction Approve the Plans Tax - Exempt Financing 2. Construction Agreement: Kennard Street, North of Co. Road C (Lukin) 3. St. Paul Metro Treatment Center, J. NEW BUSINESS 1. Termination of Deferments on Special Assessments 2, 3. 4, 5. 6. 7. 8. 9. Truth -In- Housing Ordinance Amendment (1st Reading) Charitable Gambling Funds Request Community Center Change Order: UP Number 1 No-Parking - Price Street East of Ruth Sterling /Schaller Public Improvement Petition Handicap Parking - Kennard Street County Road B Bus Stop Budget Transfer - Highwood & Century K. VISITOR PRESENTATIONS L. COUNCIL PRESENTATIONS 1. 2. 3. 4. M. ADMINISTRATIVE PRESENTATIONS 1. 2. N. ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL 7 :00 P.M., Monday, September 27, 1993 6ouncil Chambers, Municipal Building Meeting-No. 93 -21 A. CALL.TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL _CA Gary W. Bastian, Mayor Present Dale.H. Carlson, Councilmember Present Frances L. Juker, CouncA--Ime - -- Rre�n -t- -- - - ----- -- - - - - - -- George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Council /Manag Workshop September 7, 1993 Counci 1 member Zappa moved to approve the mi nutes of Counci 1 /Manager .Workshop (September 7. 1993 ) as p resented. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays - None Abstain - Councilmember Ju ker 2. Minutes of Meeting 93 -20 (September 13, 1993) Councilmember Zappa moved to approve the minutes of Meeting No. 93 -20 ( September .13, 1993) as presented. Seconded by Councilmember Carlson Ayes - all E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended: L1 Kayser Property L2 Boom Boxes L3 Mayor's Update .Seconded by Councilmember Carlson Ayes.- all 1 9 -27 -93 EA. APPOINTMENTS /PRESENTATIONS 1. Commendations - William Mikiska and Robert Bade a. Mayor Bastian presented William Mi ki ska and Robert Bade with the commendation plaques awarded by the Governor's Office for their efforts during the St. Paul floods of June 25, 26 and 27, 1993. 2. Proclamation —1993 Minnesota Manufacturing Week a. Mayor Bastian introduced the followin4 Proclamation and moved its adoption: PROCLAMATION 1993 MINNESOTA MANUFACTURING WEEK October 18 - 22, 1993 WHEREAS, manufacturing employs one out of every five off -farm workers in Minnesota; and WHEREAS, manufacturing has the largest total payroll of any sector in Minnesota, and the second highest average wage; and WHEREAS, manufacturing produces $19.8 billion for Minnesota's economy which is the largest single share (21%). of our gross State product; and WHEREAS, manufacturing exports brought nearly $6.7 billion into the State in 1992; and WHEREAS, manufacturing businesses within the City of Maplewood contribute to the financial stability and high quality of life in our community; and WHEREAS, some of the leaders in the manufacturing industry are located within the City of Maplewood providing employment opportunities for 'residents, enhancing the City's commercial property tax base, and contributing to the welfare of the citizens through community service. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood does hereby proclaim the week of October 18 through October 22, 1993 as 1993 MINNESOTA MANUFACTURING WEEK in honor and recognition of the contributions made by Minnesota's manufacturing industries. Seconded by Councilmember Carlson Ayes - all F. CONSENT AGENDA: Councilmember Zappa moved, seconded by Councilmember Juker: ayes - all, to approve the consent agenda items F -1 thru F -9 and F -11 thru F -14 as recommended. {Item F -10 moved to become J -7),_ 2 9 -27 -93 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $1,505,965.07. 287.873.55 $1,793,838.62 PAYROLL: 204,323.55 S 46,232.89 $ 250 52,044,505.06 2. East Twins Gambling Permit 93 09 - 124 Checks #1385 - #1.458 Dated 9 -1 -93 thru 9 -15 -93 Checks #11107 - #11235 Dated 9 -27 -93 Total per attached voucher /check register Payroll Checks #36348 thru #36714 Dated 9 -10 -93 Payroll Deduction Checks #36719 thru #36734 dated 9 -10 -93 Total Payroll GRAND TOTAL .APPROVING CHARITABLE GANBLING 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. 3. Conditional Use Permit Review: 743 N. Century Ave. (Holiday Express Station) Reviewed and approved a one -year renewal of the Conditional Use Permit at 743 Century Avenue allowing the expansion of the fuel station canopy, an additional pump island and removal of five feet of the building front. T h i s CUP is required because the expansion is within 350 feet of a residential district. 4. Conditional Use Permit Review: 1255 East Cope Avenue (Northern Hydraulics) Reviewed and approved a one -year renewal of the Conditional Use Permit at 1255 East Cope Avenue which allows a commercial building within 350 feet of a .residential district. 5. Conditional Use Permit Review: 2650 White Bear Avenue (Harmony School) Reviewed and approved renewal of the Conditional Use Permit at 2650 White Bear Avenue for non - profit, education - related and child -care uses. Independent School District 622 is operating a kindergarten school program, special education and community education programs at this site. 3 9 -27 -93 6. Conditional Use Permit Review: 1735. Kennard Street (Presentation Child Care) Reviewed and approved.a five -year renewal of the Conditional Use Permit at 1735 Kennard Street where Presentation Church is operating a day care center. 7. Sterling Street, Project 87 -45 - Change Order 93 -09 -125 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 $ 437 WAC Fund 200 MSA 456,664 38 General Obligation Total $1,119,830.00 8. Budget Adjustment For CDBG Funds Authorized increasing the appropriate revenue and expenditure accounts by $3,750 to reflect the acceptance and disbursement of the Community Development Block Grant funds received from Ramsey County for the lobby power assist doors. 9. Budget Transfer Request - Building Maintenance Approved the transfer of $7,70O.from the General Fund Contingency Account to the Building Maintenance Department budget to pay for miscellaneous unanticipated building and grounds expenses. 10. ADA Compliance Survey MOVED TO BECOME J -7 4 9 -27 -93 11. Hon- Discrimination /Sexual Harassment Policy Revision Approved proposed revisions to the Non - .Discrimination and Sexual Harassment policies, reflecting the 1993 Legislative change which expanded the protection of the Minnesota Human Rights Act. 129 1993 Fire Department Contracts - Third Quarter Payments Authorized third quarter .contract payments to the Fire Departments, based upon the amounts in the 1992 contracts. 13. Resignation - Park and Recreation Commissioner Authorized staff to advertise for the open position on the Park and Recreation Commission created by the September 20th resignation of Commissioner Mavis Hawkins whose would have expired on December 31, 1994. 14..Assessment Appeal Settlement - Pinotti 93 - 09 - 126 SETTLEMENT OF ASSESSMENT - DONNA FAE PINOTTI . PROJECT 86 -27 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 September 14, 1992. WHEREAS, pursuant to Minn. Stat. §429, 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. WHEREAS, the City of Maplewood and Donna Fae Pinotti entered into a Stipulation of Settlement in order to avoid protracted and continued l i t i g a t i o n 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. NOW, THEREFORE, 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 5 9 -27 -93 6. PUBLIC HEARINGS 1. 7:00 P.M. (79005 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 a. Mayor Bastian convened the meeting for a public hearing regarding a proposal from Volunteers of America to build a 66 -unit assisted care facility near the intersection. of Cope Avenue and White Bear Avenue. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Fischer presented the Housing and Redevelopment Authority report. e. Commissioner Fischer presented the Planning Commission report. f. City Attorney Kelly explained the procedure for public hearings. g. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard.- Jeff Anderson, Chief Financial Officer for VOA Jerome Ritter, Attorney representing the applicant Jay Harkins, Architect Mary Ippel, Briggs and Morgan Jerome and Maureen Daines MAYOR BASTIAN EXCUSED HIMSELF FROM THE MEETING h. Acting Mayor Juker closed the public hearing. i . Coun-ci l member Zappa moved to approve the request providing the VOA purchase the City owned property and the Daines property, and if they have difficulty with the expense they are to come back before the Council. NOTION DIED FOR LACK OF A SECOND j . Council member Zappa moved to table this item for two weeks, to October 11. 1993. Seconded by Councilmember Carlson Ayes - all 2. 7:30 P.M. (8:46 P.M.): Canada Woods a. Acting Mayor Juker convened the meeting for a public hearing regarding a proposal from North Suburban Development, Inc. to develop lots for fourteen homes along Walter Street, South of county Road D. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. 6 9 -27 -93 d. Commissioner Kittridge presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard. Ken Gust, Civil Engineer, representing the developer Radmilla Popov, representing the seller of the property Patrick Connolly, representing 1070 E. County Road C NAYOR BASTIAN RETURNED TO ASSUNE THE CHAIR f Mayor Bastian closed the public hearing. g. Councilmember Zappa moved to deny the pro.ect.and refer to developers for an improved Dl an. NOTION DIED FOR LACK OF A SECOND Lot Width Variances h. Councilmember Carlson introduced the following Resolution and moved its adoption: 93 - 09 - 127 LOT WIDTH VARIANCE RESOLUTION WHEREAS, Mr. Jack Menkveld, representing North Suburban Development, Inca 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 mini mum ' 1 of width of seventy -five feet at the building setback l i n e . WHEREAS, Mr. Menkvel d is proposing two lots that are 60 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 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 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. 7 9 -27 -93 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. Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker, Rossbach Nays - Mayor Bastian, Councilmember Zappa Increased Front Setbacks i. Councilmember Carlson moved to approve the request. for 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. .The property owners must provide an all .weather driveway to each house. Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker, Rossbach Nays - Mayor Bastian, Councilmember Zappa South - Facing Houses j . Councilmember Carlson moved to approve. South - Facing houses on Lots 6 and 7. Block Two and on Lot 7. Block One. The house on Lot 7, Block One shall be built up to the NSP easement. Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker, Rossbach Nays —Mayor Bastian, Councilmember Zappa Rear Yard Setback Variances k. Councilmember Carlson introduced the following Resolution and moved its adoption: 93 - 09 - 128 REAR YARD SETBACK 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. 8 9 -27 -93 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 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. Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker, Rossbach Nays - Mayor Bastian, Council member Zappa Preliminary Plat 1. Counci 1 member Carlson moved to approve the Prel .i m„_y, Plat for Canada Woods East Addition. The ,_,developer shall complete the follow__in4 conditions before approval of the Final P1= a. 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. b. 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. co Record covenants or deed restrictions with the final plat that: 1) Prohibit the construction of a house or its attachments within 100 feet of a pipeline, 2) Require the builders of the houses on Lots 1, 2 6 and 7. Block 2 to install and maintain driveways and driveway turn - grounds with the construction of the houses. 3) 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 9 9 -27 -93 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. 4) If the developer decides to final plat part of the preliminary plat, the City may waive any conditions that do not apply to the final plat. Seconded by Councilmember Rossbach Ayes - Councilmembers Rossbach .Nays - Mayor Bastian, Zappa Rezoning Carl son, Juker, Councilmember M. Councilmember Carlson introduced the following Resolution and moved its adoption: 93 - 09 - 129 I ZONING MAP CHANGE RESOLUTION 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 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 September 27, 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 and P1 anni ng 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. 10 9 -27 -93 2. The proposed change will not substantially injure or detract from the use of ne,i ghbori ng property or from the character of the neighborhood, and that the use of the property adjacent to the area included in.the proposed change or plan is adequately m safeguarded . 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public wel fare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers police and fire .protection and schools. 5. The proposed change would be consistent with the proposed development and with the land use plan. Seconded by Councilmember Zappa Ayes - all 3. 7:50 P.M. (9:51 P.M.): Conditional Use Permit: 2610 Highway 611 (Mitsubishi) a. Mayor Bastian convened the meeting for a public hearing regarding a request from Rick Kline of White Bear Mitsubishi for a permit to expand an existing maintenance garage in Order to add an Oldsmobile franchise. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Kittridge presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: David Phillips, representing the applicant f. Mayor Bastian closed the public hearing. g. Councilmember Zappa introduced the following Resolution and moved its . adoption: 93 - 09 - 130 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Rick Kline applied for a conditional use permit to expand an automobile maintenance garage within 350 feet of a residential lot line. WHEREAS, this permit applies to 2610 Highway 61. The legal description is: Speiser's Arbolada, subject to road and easements and vacated road, accruing and except Northeasterly 3 feet; Lot 12, also part of Lots 5 and 10 lying northerly of a line 240 feet northerly of and par with the South line of Block 1 and all of Lot 4 and Lot 11 Block 1. and 11 9, -27 -93 Speiser's Arbolada, subject to road and easements and the vacated road accruing; part of Lots 5 and 10 lying southerly of a line 240 feet northerly of and par with the south line of Block 1 and all of Lots 6 through Lot 9, Block 1. WHEREAS, the history of this conditional use permit is as follows: 1. On September 20, 1993, the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing' ear i ng ' on September 27, 1993* City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described conditional use permit, because. 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run - off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the s i te' s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. There would not be a significant affect on the development of the parcel as zoned. 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 minor changes. 12 9 -27 -93 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. 4. Property owner to clean up and maintain his property on County Road C and Highway 61 within 6 months or occupancy permit will not be issued. Seconded by Councilmember Rossbach Ayes - all H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Gervais Avenue - Project 88 -14: Assessment Objections a. Manager McGuire presented the staff report. b. Councilmember Zappa moved that no ,adjustments be made to the assessment roll of . Project 88 -14, Gervais Avenue. Seconded by Councilmember Carlson Ayes - all MAYOR BASTIAN CALLED FOR A 5 MINUTE RECESS MAYOR BASTIAN RECONVENED THE MEETING AT 10 :07 P.M. 2. Liquor Ordinance (2nd Reading) 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 Ordinance and moved its adoption: ORDINANCE N0, 713 AN ORDINANCE AMENDING MAPLEWOOD'S ALCOHOLIC BEVERAGE ORDINANCE THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 5 -5 is amended to read as follows: Sec. 5 -5. Drinking 3.2% alcohol, beer or intoxicating liquor on public streets, public property, while trespassing on private property. No person shall, upon the public streets, and public property, or being trespasser upon the private premises of another, drink 3.2% alcohol, beer or intoxicating liquor. Sec. 5 -22. - Hours of Sal -e -, Hours-of Consumption. - - - No 3.2% malt liquor 13 9 -21 -93 Section 5 -21 definitions is hereby amended to read: 3.2% malt liquor; 3.2% malt liquor is malt liquor containing not less than one -half of one percent of alcohol by volume. No more than 3.2% alcohol by weight. r Section III, 5 -22 Hours of Sale, Hours of Consumption is amended to read:' No 3.2% malt liquor shall be sold in the City between 1 :00 A.M. and 12:00 noon on Sundays. No "on -sale" licensee shall permit 3.2% malt liquor to be consumed on the licensed premises during the hours when the sale thereof is prohibited by this section; provided, however, that the licensee shall be allowed a 30- minutes peri-od following the 1:00 A.M. closing hour to clear the premises of customers who are on the premises at 1:00 A.M. and such customers during that time may consume 3.2% malt liquor beverages purchased by them before 1:00 A.M. Section IV, Section 5 -23. Persons under 21 years; sale to, consumption by, procuring for; etc. shall be amended to read as follows: It is unlawful in the City for a: (1) Licensee or the licensee's employee to sell or serve 3.2% malt liquor to a person under the age of 21 years or to permit a person under the age of 21 years to consume 3.2% malt liquor on the licensed premises; (2) Person other than the parent or legal guardian to procure 3.2% 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 procure 3.2% malt liquor. (4) Person under the age of 21 years to claim to be 21 years or older for the purpose of obtaining 3.2 malt liquor; (5) Person under the age of 21 years to consume any 3.2% malt liquor unless in the company of the person's parent or guardian; (6) Person under the age of 21 years to possess any 3.2% malt liquor, with intent to consume it at a place other than the household of the person's parent or guardian. Possession at a place other than the household of the person's parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the parent or guardian. Sec. 5 -24 is hereby amended: Sec. 5 -24. Person must be 21 years of age to deliver, sell, serve or vend 3.2% malt liquor. (a) It is unlawful for a person under the age of 21 years to deliver, sell, serve or vend 3.2% malt liquor to a person in the City. (b) It is unlawful for a person under the age of 21 years to del fiver, sell, serve or vend 3.2% malt 1 iquor to a person in the City. Sec. 5 -36. Required to sell at retail; types of licenses. Except as provided in this section, it is unlawful to sell non- intoxicating malt liquors at retail in the City except when licenses 14 9 -27 -93 under this article. Two types of annual licenses are issued for the sale of 3.2% malt liquors; (1) "on- -sale" licenses permit the licensee to sell 3.2% malt liquors • for consumption on the licenses premises, and the license fee therefor is fixed by the City Council and paid to the City. "On-sale" licenses are granted only to drug stores, restaurants, hotels, bona fide clubs, and establishments for the sale of 3.2% malt beverages, and soft drinks at retail. A cl ub or charitable, religious, or non - profit organization may be issued a temporary "on -sale" license for the sale of 3.2% malt liquor 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" licenses permit the licensee to sell 3.2% malt liquors i n 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 amended to read: Section. 5 -35. Persons eligible to be issued licenses. Licenses under this article may be issued only to persons who are citizens of the United States or resident aliens and who are of good moral character and repute, who have attained the age of 21 years and who are managers of the establishments for which the licenses are issued. In the. event that a corporation or partnership is the owner of the establishment, then the licenses shall then be issued to the primary and acting manager of the establishment and the designated corporate officer or in- the case of a partnership a designated partner. The corporation or partnership which is the owner of an establishment shall notify the City within 48 hours if the person licensed as the primary and acting manager of the establishment can no longer perform the duties of a primary and acting manager. This includes but is not limited to reassignment, termination, or demotion. The corporation or partnership shall immediately have the new primary and acting manager apply for a license. 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 liquor or 3.2% liquor license revoked within five years of the license application. Sec. 5 -38. Premises which may not be licensed; 1 imi tati ons on number of licenses. (a) No "on- sale" or "off -sale" 3.2% malt beverage license may be issued under this article to premises licenses as a motor fuel station, motor fuel station convenience store, internal motor fuel station, major motor fuel station or truck stop, as defined in Section 36 -151 of this Code. (b) No 3.2% malt liquor license may be issued under this article for premises located within an area wherein such use of the premises is prohibited by the zoning ordinance, nor within an area where 15 9 -27 -93 such sales are forbidden by state law or any other ordinance of the City. (c) No "on -sale" license may be issued under this article for premises located within 100 feet of a church or school building located in - the.City, and no "off -sale" license shall be issued for premises located within 100 feet of a church or school building. The distance is to be measured from the main entrance of the licenses premises to the nearest property line of said church or school. Sec. 5 -41. Unlawful. possession by licensee, agent, etc., of 3.2% malt liquor and intoxicating U quor on licenses premises. It is unlawful for a person licenses under this article, but not licenses to sell 3.2% malt 1 i.quor and intoxicating liquor, and for any of the person's agents, or employees to possess on premises licensed under this article, intoxicating liquor, as defined in Section 340A.101, Minnesota Statutes, for the purpose of consumption by anyone. Sec. 5 -43, Application - Generally. A person seeking a license under this article must apply to the City Council for the license by filing a written application with the City Clerk. The City Clerk must present the application to the City Council. An application must contain the following: (1) The applicant's name and place (2) The exact location of the place to sell 3.2% malt liquors. (3) Whether the applicant has ever business of selling 3.2% malt selling foodstuffs in the City, of residence. at which the applicant proposes previously been engaged in the liquors or in the business of and if so, when and where. Sec. 5 -72. Persons eligible to be issued licenses. Licenses under this article may be issued only to persons who are c i t i ien s of the United States or resident aliens and who are of good moral character and repute, who have attained the age of 21 years and who are managers of the establishments for which the licenses are issued. In the event that a corporation or partnership is the owner of the establishment, then the licenses shall then be issued to the primary and acting manager of the establishment and the designated corporate officer or in the case of a partnership a designated partner. The corporation or partnership which is the owner of an establishment shall notify the City within 48 hours if the person licenses as the primary and acting manager of the establishment can no longer perform the duties of a primary and acting manager. Th i. s includes but is not limited to reassignment, termination, or demotion. The corporation or partnership shall immediately have the new primary and acting manager apply for a license. Sec. 5 -76. No more than one license for any one person or premises; (a) No more than one off -sale or on -sale intoxicating liquor license may be issued to any one person or for any one place. (b) It is unlawful for a person to knowingly have or possess an interest in more than one license in the City and upon 16 9 -27 -93 conviction therefor the City Council may immediately revoke all licenses of the person The term "interest as used in this section, shall be as defined in Section 340A.412, Subd 3, Minnesota Statutes. R Sec. 5 -83. Transfers of licenses; change of corporate officers. (a) No license granted under this article may be transferred from person to person or from place to place without the consent of the Council, which consent shall be by resolution passed by the Council, Sec. 5 -84. Suspension or revocation of license issued under article. The authority issuing or approving a license or permit pursuant to chapter 340A, Minnesota Statutes and this article may suspend for up to 60 days or revoke the license or permit or impose a fine of up to $2,000 for each violation, on a finding that the licensee or permit holder has violated an applicable statute, regulation or ordinance relating to intoxicating liquor. No suspension or revocation shall -take effect until the licensee or permit holder has been .afforded an opportunity for a hearing pursuant to Sections 14.57 to 14.69 of the Administrative Procedure Act. The hearing shall be before an Administrative Law Judge pursuant to the Administrative Procedure Act and all costs and expenses associated with.the hearing shall be paid by the licensee., Said licensee may elect said hearing within five days after the notice of intent to suspend or revoke is issued. If licensee elects said hearing shall be held at the earliest available date. Sec. 5 -110. Certain premises ineligible for license, (a) No "on -sale" license may b issued for the first time under this division for premises located within 100 feet of a church or school building in the City. Said measurement shall be from the main entrance to the nearest property line of said church or school building. (b) No "off -sale" license may be issued for the first time under this division for premises located within 100 feet of a church or school building in the City. Said distance shall be measured from the main entrance to the nearest property line of said church or school building. Seconded by Councilmember Carlson . Ayes - all 3. Animal Control Ordinance (2nd Reading) a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Jill Munson, Assistant Director, St. Paul Humane Society 17 9 -27 -93 d. Councilmember Carlson moved to include an amendment to Sec. 7 -5. (b) as follows o.- "nor animals kept on a temporary basis of n more than 21 days for purposes of veterinary care: nor. does it apply to those individuals designated as foster care homes by the Humane Society, said foster care services shall be limited to 21 days." Seconded by Councilmember Zappa Ayes - Council members Carlson, Juker, Rossbach, Zappa Nays - Mayor Bastian e. Councilmember Zappa introduced the following Ordinance and.moved its adoption. ORDINANCE NO. 714 AN ORDINANCE AMENDING MAPLEWOOD'S ANIMAL ORDINANCE Chapter 7 Sec. 7 -3. Quarantine of animal which has bitten a person; destruction of rabid animals. (a) An y g do or other animal that has bitten a person and caused an abrasion or puncture of the skin shall immediately be quarantined for a minimum of ten (10) days. Such an animal shall be confined at a veterinary hospital or at the owner's home in such a manner that it does not escape or come in contact with other eo l e or animals . When the dog or animal i s. quarantined as stated above, P P it shall be at the owner 9 s expense., A quarantine report must be completed by the local animal control agency. Stray animals that have bitten a person shall be quarantined through the local animal control agency. Dogs that are involved in two (2) or more bites are subject to Sec. 7 -80 and Sec. 7 -81. (b) No police officer or other person shall kill, or cause to be killed, any animal suspected of being rabid, except after the animal has been placed in quarantine P g and the diagnosis of rabies made. (Code 1965, § 1101.140). Sec. 7 -4.. Keeping of animals. For the purpose of this section, the following words, terms and phrases shall have the following respective meanings ascribed to them: Wild or exotic animal: "Wild animal" or "exotic animal" means any mammal, amphibian, reptile or bird which is of a species not usually domesticated and of a species which, due to size, wild nature or other characteristic, is dangerous to humans, The term includes animals and birds, the keeping of which is licensed by the state or federal government, such as wolves, raptors and pheasants. By way of example and not of limitation, the term includes: snakes, eagles, ocelots, jaguars, cougars, weasels, ferrets, badgers, monkeys, chimpanzees, deer and bison. The term also includes crossbreeds such as the cross between dogs and coyotes and dogs and wolves. Sec. 7 -5. Keeping of certain animals absolutely prohibited; exceptions. (a) Prohibited animals. No person shall keep, maintain or harbor within the City of Maplewood any of the following animals: (1) Any animal or species prohibited by federal or Minnesota law. (2) Any exotic animal or species when kept in such numbers or in such a way as to constitute a likelihood of harm to the animals themselves, to human beings or to the property of human beings, or which constitutes a public or private nuisance. 18 9 -27 -93 (3) Any skunk, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccinated against I rabies. (4) Any large cat or members of the family Fel idae, such as lions, tigers, 1. jaguars, leopards, cougars and ocelots, except commonly accepted domesticated cats. (5) Any member of the family Canidae, such as wolves, dingoes, coyotes and jackals, except domesticated dogs. (6) Any crossbreed such as the crossbreed between dogs and coyotes and dogs and wolves. (7) Any raccoon. (8) Any red -eared turtle (Pseudemys scriptaelegans) with a shell length of less than four (4) inches. (9) Any Vietnamese pot - bellied pig. (b) Exceptions. This section does not apply to animals which are temporarily brought into the city for the purpose of participating in any circus or show; nor does it apply to any public zoo or persons keeping animals for a public zoo as volunteers, Docents or otherwise; nor to any bona fide research institution or veterinary hospital , provided protective devices. adequate to prevent such animal from escaping or injuring the public are provided; nor animals kept on a temporary basis. of not more than 21 days for purposes of veterinary care; nor does it apply to those individuals designated as foster care homes by the Humane Society, said foster care services shall be limited to 21 days. Sec. 7 -6. Impoundment of wild or exotic animals. Any wild animal kept in violation of this ordinance may be impounded by the city. Unless such impounded animal is reclaimed and removed from the city or issued a permit to allow it to remain in the city or unless the owner petitions the District Court for a determination that the animal is exempt from the provisions of t h i s ordinance, the animal may be destroyed or sold seven (7) days following notice to the owner of such animal of its impoundment and the provisions of this ordinance. Any person reclaiming any such animal shall pay the costs of impounding and boarding the same at the time of its release. DIVISION 6. SMALL KENNEL LICENSES Sec. 7 -96. Construction and purpose of division. This division is supplementary to and in addition to all other provisions of t h i s Code or other ordinances in effect relating to the ownership, care and custody of dogs within the city and is deemed necessary by the council in order to regulate and control the ownership and the keeping of dogs in and near residential areas of the city. (Code 1965, § 1103.010)0 Sec. 7 -97. Required; limited to licensee's dogs; zoning classifications where permitted. (a) No person shall keep more than two (2) dogs over three (3) months of age anywhere within the city without first obtaining a small kennel license under this division for the keeping of such dogs for breeding, sale or show purposes. 19 9 -27 -93 (b) Any licensee under this division may not board or train dogs belonging to other persons on such licensed premises. (c) Small kennel licenses will not be issued under this division in any part of the city, except on property zoned commercial or farm residential or residential R -1. (Code 1965, §§ 1103.030, 1103.040; Ord. No. b71, § 1 9- 24 -90)0 Sec. 7 -98. Application; investigation; grant or denial of license. (a)Application. Any person desiring a small kennel license required under the provisions of Section 7 -97 shall make written application therefor to the city clerk upon a - form prescribed by and containing such information as required by the city clerk. Among other things, the application shall contain the following information: (1) A description of the real property upon which it is desired to keep the animal or animals. (2) The species and number of animals to be maintained on the premises. (3) A statement that the applicant /permittee will at all times keep the animals in accordance with all the conditions prescribed by the director of public safety, or a modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this chapter and grounds for cancellation of the permit. (4) Such other and further information as may be required by the Director of Public Safety. (b) Consent. The applicant for any permit required under the provisions of Section 7 -97 shall provide with the application the written consent of seventy -five (75) percent of the owners or occupants of privately or publicly owned real estate within one hundred fifty (150) feet of the outer boundaries of the premises for which the permit is being requested or, in the alternative, proof that applicant's property lines are one hundred fifty (150) feet or more from any structure. However, where a street separates the premises for which the permit is being requested from other neighboring property, no consent is required from the owners or occupants of property located on the opposite side of the street. Where a property within one hundred fifty (150) feet consists of a multiple dwelling, the applicant need obtain only the written consent of the owner or manager or other person in charge of the building. (c) Investigation by the director of public safety; may grant permit. The director of public safety shall make such investigation as is necessary and may grant, deny or refuse to renew any application for permit under this chapter. (d) Permit; conditions. If granted, the permit shall be issued by the City Clerk and shall state the conditions, if any, imposed upon the permittee for the keeping of animals under the permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the Director of Public Safety deems reasonably necessary to.protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors or annoyance or to protect the public health and safety. Such permit may be modified from time to time or revoked by the director of public safety for failure to conform to such restrictions, limitations or prohibitions, Such modification or revocation shall be effective from and after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such animals. 20 9 -27 -93 (e) Outs i de kennel An outs i de kennel must be constructed of open -f aced, galvanized fabric of suitable size to maintain and secure the keeping of particular breeds of dogs and to allow for sufficient space for particular breeds of dogs to exercise freely. Surface must be constructed of maternal of either concrete or gravel of sufficient depth to provide for proper cleaning, drainage, maintenance and needs of all particular breeds of dogs. (f) Refusal to grant or renew .a permit. The Director of Public Safety may refuse a permit to keep or maintain animals hereunder for failure to comply with the provi s i ons of this chapter, if the facilities for the keeping of the animal s are or become inadequate for their purpose, if the -conditions of the permit are not .met, i f a nui sance condi ti on i s. created, or i f the publ i c heal th and safety woul d be unreasonably endangered by the granting of such permit. Refusal to.grant or renew a small kennel license by the Director of Public Safety may be appealed to the City Council. Sec. 7 -99. Application and renewal fees. The initial application fee for a small kennel license under t h i s 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 i ssued under this division shall be imposed, set, established and fixed by the City Council, by resolution, from time to time. (Code 1965, § 1103.080). 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 a small kennel license issued under this division shall be three (3). (Code 1965, § 1103..050). Secs. 7- 101 - -7 -115. Reserved. f. Councilmember Zappa moved to direct staff to study licensing and impounding fees vs other communities our size, and in different areas_ Seconded by Councilmember Juker Ayes - all COUNC I LMEMBER ZAPPA MOVED TO WAIVE THE RULES OF PROCEDURE TO EXTEND THE MEETING UNTIL THE AGENDA IS COMPLETED SECONDED BY COUNCILMEMBER JUKER AYES - ALL J. NEW BUSINESS 1. St. Paul Metro Treatment Center (Methadone Clinic) a. Manager McGuire presented the staff report. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Bob Parsons, 2229 Prosperity Road Kelly Phillips, Faegre and Benson, Attorney Rosemary McNally, Director of the Clinic Rod Daimer, Golden Valley Police Department Joe Fleming, Fleming's Service Center Lori LaBey, 1158 Lark 21 9 -27 -93 c. Councilmember Zappa moved to monitor the Clinic for 60 days. NOTION DIED FOR LACK OF A SECOND d. Councilmember Rossbach moved to direct staff.to place No Parking s on Prosperity from Lark , to County Road B: to meet with designated members of the communit to research conditions ( i ncl.ud i ng looking at a� d.1.l� Seconded by Councilmember Juker Ayes - all e. Councilmember Zappa moved. to direct staff to research. the zon issue . to restrict clinics .in areas: studv possibi:l itw of licensing of clinics. Seconded by Councilmember Juker Ayes - all 2. Larpenteur and English - 4 -Way Stop Sign Request a.. Manager McGuire presented the staff report. b. Councilmember Juker moved to request Ramsey County Traffic Engineering Division to analyze the intersection for possible addition of four -way sow. Seconded by Councilmember Carlson Ayes - all 3. Preliminary Plat Time Extension: Beth Heights a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to grant a time extension for the Beth Hei a_ hts Preliminary Plat subject to the following amended conditions: 1) Have the City Engineer approve final construction plans. These plans shall include the grading, utility, drainage, erosion control, tree and street plans. These plans shall meet the following conditions: a) The grading plan shall show the depth and location of the Williams Brothers pipelines. b) For the sedimentation basins: (1) Each basin shall provide 0.10 acre -feet of storage above normal elevation for each tributary acre. (2) If the slopes on a basin are steeper than 10 horizontal to 1 vertical, the developer shall fence the sedimentation basin. The fence shall be five feet high, green vinyl-clad chain link 22 9 -27 -93 creating a nui an_ce,. i n the . neighborhood; and monitor the situation with a report back to Council on October 11. and shall be at the ordinary high water mark. The developer shall landscape the sedimentation basin site with evergreen trees. (3) To provide room for storing sediment, the developer shall excavate the sedimentation basin to four feet below the normal water level. c) The developer shall design the utilities to serve the property 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. f) 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. 2) Sign an agreement with the City that guarantees that the developer or contractor will: a} Complete all public improvements and meet all City requirements. b) Place temporary orange safety fencing and signs at the grading limits. c) Have NSP install street lights in four locations, primarily at street intersections. The exact location and type of lights shall be subject to the City Engineer's approval. d) Install permanent signs around the edge of the wetland buffer areas. These signs shall mark the edge of the buffer areas and shall state there shall be no mowing, vegetation cutting, filling or dumping of lawn waste. e) Pay the City for the cost of no- parking, traffic - control and street identification signs . f) Remove any junk, debris or tires from the wetlands and the site. 3) Approval of a tree removal and planting plan by the City Engineer, No grading or construction may begin nor w i l l the City give final plat approval until the City Engineer approves this plan. This plan must show woodlots on the site. This plan must also show the location, size and species of trees over eight inches in diameter that the developer intends to remove or keep. 23 9 -27 -93 This plan does not need to show 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. Y `t 4) Deed restrictions shall be filed on lots 1 -5. Block 1, "prohibiting construction of any deck. or addition attached to the dwelling, within 100 feet of the W i l l i a m s Brothers pipeline, unless the City Council approves an exemption." 5) 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. 6) Deed outlot A and Lot 1, Block 1 to the City for a parking lot for Vista Hills Park, in l i e u of park availability charges. 7) The City awarding contracts for the Sterling Street improvement project or the developer constructing sanitary sewer to the existing sanitary sewer in Linwood Avenue. 8) Deed Outlot B to the City. 9) 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. 10) The developer shall show the street names on the plat as follows: a) The East -West street that intersects with Sterling Street shall be named "Hillwood Drive." b) The cul -de -sac street that intersects with Hillwood Drive shall be named "Oakridge Lane." c) The North -South street that intersects with Linwood Avenue shall be named "Ferndale Street." d) The cul -de -sac street that intersects with Ferndale Street shall be named "Beth Court." 11) Give the City wetland buffer zone easements over all lots that are next to a wetland. This easement shall prohibit mowing, cutting, filling or dumping within twenty feet of the wetland. 12) Show all wetland boundaries on the plat. 13) The final plat shall have drainage and utility easements along al 1 property 1 i nes . These easements shal l be ten feet wide al ong the front and rear property lines and five feet wide along the side property lines. 14) Revise the plat so there is no filling in the DNR- protected wetland, except for the Hillwood Drive cul -de -sac. The developer shall not fill this area unless the DNR approves a permit. 24 9 -27 -93 15) Revise the plat to provide sedimentation basins as required by the DNR. Provide an outlot for each sedimentation basin. Deed these outlots to the City. 16) Revise the plat so there is at least 10,000 square feet above any drainage easements or the ordinary high water mark of a wetland. If the developer decides to final plat part of the preliminary plat, the City may waive any conditions that do.not apply to the final plat. Seconded by Councilmember Carlson Ayes - all c. Councilmember Zappa introduced the following Resolution and moved its adoption. 93 - 09 - 131 STREET WIDTH CODE VARIATION RESOLUTION WHEREAS, the City Engineer requested a variation from the City Code. WHEREAS, this code variation applies to the Beth Heights development that. is north of Linwood Avenue and east of Sterling Street. WHEREAS, the legal description for t h i s property is: Except that part easterly and southeasterly of the following described lines* Beginning on the south l i n e of the SW 1/4 of the SE 1/4 at a point 310 feet west of the SE corner thereof; then north 01 degrees, 12 minutes, 27 seconds west for 525 feet, then east parallel with the south l i n e of said 1/4 1/4 for 89.99 feet, then north 09 degrees, 12. minutes, 30 seconds east for 133.80 feet, then northeasterly around a curve with a radii of 60 feet for 150.06 feet, then north 45 degree, 54 minutes, 30 seconds east for 214.38 feet to the east line of said 1/4 1/4 and there terminating; 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 local residential streets shall be 32 feet in width, measured between faces of curbs. WHEREAS, the City Engineer is proposing 28- foot -wide streets with no parking on one side. 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 27, 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 a chance to speak and to present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council approve the above- described variation subject to no parking on one side of the streets and the developer paying the City for the cost of no- parking signs. 25 9 -27 -93 Seconded by Councilmember Carlson Ayes - all 4. Preliminary Plat Time Extension: Cervais Overlook a. Manager McGuire presented the staff report. b. Councilmember Juker moved to end the Preliminary Plat for Gervais Overlook as recommended .Seconded by Councilmember Carlson Ayes - all 5. Conditional Use Permit Review and Change: 2210 White Bear Avenue (GAQ a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to grant the Conditional Use Permit, elminating Condition 13 of the original CUP and allowing streamers. The CUP is to be reviewed if there is a problem with the business. Seconded by Councilmember Carlson Ayes - all 6. Construction Agreement: Kennard Street, North of Co. Rd. C (Lukin) a. Manager McGuire presented the staff report. b. Commissioner Kittridge presented the Planning Commission report. c. Mayor Bastian asked if anyone wished to. speak before the Council regarding this matter. The following were heard: Steve Lukin, 1487 E. Cope Avenue Gordie Martin, 2691 Gem Street Marvin Sigmundik, 1697 E. County Road C Bob Corbett, 1667 East County Road C d. Mayor Bastian moved to table t h i s item for two weeks and direct staff to provide a report on the legal nature of the abstract. Seconded by Councilmember Zappa 7e ADA Compliance Survey Ayes - Mayor Bastian, Councilmembers Carlson, Zappa Nays - Councilmembers Juker, Rossbach a. Councilmember Juker stated she feels stuff can handle the required survey for ADA Compliance without hiring a consultant. b. Councilmember Juker moved to deny the request for an ADA Compliance Surve . Seconded by Councilmember Zappa Ayes - Councilmembers Juker, Rossbach, Zappa Nays - Mayor Bastian, Councilmember Carlson 26 9 -27 -93 K. VISITOR PRESENTATIONS NONE Lo COUNC I L PRESENTAT IONS 1. Kayser Property a. Co.uncilmember Rossbach stated he received a letter from Mr. Kayser regarding development of his property. 2. Boom Boxes a. Councilmember Rossbach commented on large boom boxes that are used in vehicles that are extremely loud and asked whether they can be prohibited. b. Councilmember Zappa moved to direct, staff to research options regarding objectionable noise. Seconded by Councilmember Rossbach Ayes - all 3. Mayor's Update a. Mayor Bastian commented on The Partnership's Red Ribbon Week, October 24 -- 30, 1993 and the parade which will occur on Saturday, October 30. b. Mayor Bastian stated he w i l l try to arrange having the parade in Maplewood next year. N. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING 2:05 A.M. Lucille E. Aurelius City Clerk 27 9 -27 -93 AGENDA NO. EA I ,lotion by Council: Endorsee AGENDA REPORT I9odifie Re j ecte - - - -- _ . TO: City Manager Dat® FROM: Gail J. Blackstone, Human Resource Director A RE: HUMAN RELATIONS COMMISSION APPOINTMENT DATE: September 30, 1993 INTRODUCTION At their meeting on September 7, the Human Relations Commission voted to recommend the appointment of Marie Koehler to fill the existing vacancy created by the resignation of Mike LaClair, who has moved out of the city. Mike's term was to expire on 12/31/93. Ms. Koehler will be at the Council meeting on October 11 to answer any questions. I have attached a copy of her application for your review. RECOMMENDATION It is recommended that Ms. Koehler be appointed to fill the remainder of the vacant term on the Human Relations Commission. tmc Attachment CITY OF MAPLEWOOD NAME ADDRESS I ) How long have you lived in BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM r- / [E. Cc LE D AU G !`) J i PHONE CC) UJL� K cx ZIP the City of Maplewood? r i re travel or being n away from the community which MUM ma Kt! 2) Does your employment q 9 regular attendance at meetings difficult? Yes No 1 31 On wfi i ch Board or Commission are you interested in serving? (check) Community g it Des Review Board _______Park & Recreation Commission p Housing & Redevelopment Authority ___Pl anning Commission Human Relations Commission 'Police Civil Service Commission Q) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities? .psi, o�.: �� Vim. ArkQ aV Q)< a nw �een o are a n List otheror anizat�ons Mfr cubs in the ommun�t i hit you ave active participant: N a � --- VCk -t-I ItA9 Q � 6) Y!ily %-IOU 'Id you 1 i ke to serve on this Board or Commission? D I I v c)-\ tin �-WLx Qjcmrnv n� ��C .� 0 c� - �ovMa,'� v� UA +V\Q..a �rnt��,� 0.4 cam � CAVt,�rc�� b���9u � �mm�, cam, cA�x,�, r�� � �, a�o�, % i\t A"uk AUD I T I OIJAL COhit•tEP�TS O�c�� ►�.. � le �.t5 AoN 0A... k7c�) LA i.�a�a���.s�J.s. � &-Qs xa�. vrL .6, (�cxmn�. �e�.or�s CoVYNrv��ss�ov�,, CA AGENDA NO. F -1 AGENDA REPORT TO: City Manager FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: October 1, 1993 It is recommended that the Council approve payment of the following claims: ACCOUNTS PAYABLE: $ 573 Checks # 1459 thru # 1519 Dated 9 -16 -93 thru 9 -30 -93 192,544.86 Checks # 11244 thru # 11357 Dated 10 -11 -93 $ 766 Total per attached voucher /check register PAYROLL $ 213 Payroll Checks # 36746 thru # 36923 dated 9 -24 -93 $ 45, 684.20 Payroll Deduction check #36928 thru # 36942 dated 9 -24 -93 $ 259,229.10 Total Payroll $ 1 GRAND TOTAL Attached is a detailed listing of these claims. lz Attachments FINANCEJAPPRCLM.AGN 40 t ' VOUCHREG CITY OF MrtI"'I._E WOOD PAGE 1 1'0/01/93 11w-48 VOUCHER /CHECK-:: REGISTER FOR PERIOD 09 1., CHEC V END O R CHECK VENDOR ITEIt1 IT 1 CHECK !t, NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT .; 1459 880905 09/1 T ID , R OBERT R EFUND O VE R PMT ACCT AME- -' 307743 494.40 4 '4 . 4 0 0-5) 0 0 _ _ _ - � - -. -._ ___�= „�_- -� �, _r,� � _ _..... � �._ F �_ . - S- '- - - -_.. __._ � �� � � _. j � � - �.� � E � � _ I� I� -� ,J ,.� t _ r� � l� ..► .._ . -. S ._. _ . - - -- _ .-. _ ..._... __ ._ ..__.. _ _ ... _ - U - � - rL -� � � � ,� A �U � �.� ... r � i r �. �.� ; UTILITIES AUG 93 15,87 i 1 i ... . ....... ............... I �4 - IT IE'= AUG . -: .. ............ . • 7 , t ( i ' ,� 1 +, i - :,• 1461 320575 09/16/93 GUSTAVUS ADOLPHU S COLLEGE TRAVEL TRAINING _ . caCi �2 • 00 i,, _ -- - _ _..�_� ., 1_ c _ - - -.. �' + C r •., Nit : �,fiA�'E . _ .. fiREAS U� ER _.._ _..__._.. __ - - -- -- �- _ I 1 r #ER^_ . �.__ - S ..__ F ... A _ „_ E ..... _. __.. 1 A c __ .. _ 2 5 .. r -- 1463 541400 09/16/93 MINN. STATE TREASURER MOTOR LIC: ES PAYABLE 14 1 60 0. 2- 5 t', i 14 - « 1464 190400 09 / 1 6 /93 DEFT • OF NATURAL RESOURSES DNR LICENSE FEES PAYABLE 89.00 89.00 1 u , • +t 0_- .__- ..._- - -05,' + , 1 :- .- _ P • O_ T -. *S' T .._._. _._- .._.- _----- -y 14 66 9 .39 1900 09/ 17/ 9 3 U S i�E' =T M C:ATIi «i • � COMMUNICATIONS TELEPHONE AUG •-' : _.. _ TEL •_ AUG 'R3-- •"r . ��, - _ TELEPHONE AUG 93 75 » i TELEPHONE AUG 3 : 75 , ,;5 .. ELERHONE -. _ A _.. - �• - 1 5.• __.. _.._ - _.__. -_._. .... .._.. ... __... _...___ TELEPHONE AUG 3 75,8 TELEPHONE AUG • :+ _ TELEPH AUG 93 _.8 � � � .� • • .: _ TELEP AUG 93 57 ¢ 1 t+ TELEPHONE AUG 93 304 f 77 _ 1 4 .. TELEPHO14E AUG 9 -�, �_�� i_ • r • 2 . ELEfi��i�E AUG ,�._ �” E ' AUG - TELEPHONE AUG 9:3 . 7 0 48 . 7 0 - - TELEPHONE AUG 3 . ,+ _ - - -' T'E L E P H O N E A- U G. 9- TELEPHONE AUG 93 F 1 , 84 _ •� TELEPHONE AUG -� 31 r 14 -T, LEPHONE 93 _ _. TELEPHO AUG 9 3 58.40 .. TELEPHON c .- _ __.- .� ..AUG . 7 . �' M�� TELEPHONE AUG ' =t_ _ _ .r�. ;, TELEF`Hi- AUG 9 3 _ , .11 TELEPHONE AUG - 513 31070 � f TELEPHONE AUG `=f3 271.24 TELEPHONE AUG 9 205.94 - TELE PHONE . . AUG «' .. .. .. _ 57. .. ...... _ .. �1� TELEPHONE AUG 9:= 72 • 0c, TELEPHONE AUG 7 , : 5 . 8, TELEPHONE A UG 93 TELEPHONE AUG . 3 5;7 • 08 TELEPHONE AUG 3 1 Ic 9 TELEPHONE _AUG - ,_,3 ... _..- « 1 2 , " '� . i_{U CI TY O F M AF` L. EW O O D PA G E 2 10/01 - _ VOUCHER /C:HECK'RECISTER _ M FOR PERIOD 09 VOUCHER C: HEk.' -'K VE CHE VENDOR I TEI'�I 1 'fiE M CHECK NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMClU1 \1T TELEPHONE AUG .:., TELEPHONE 31 .28 ' it AUG 93 116 5 47 0 .54 1 �11 14f.:,7 5 =i16 0 `:f / 17/'.t =� METRO W ASTE CONTROL �C.i�MM I�,SN S.A.C. PAYABLE 9 - ' L�LE AU . .1 t .-8 1 25 0.0 0 , , S .A.C . RET A I NER AUG 93 . 68•- 5�}- F F f- . -.r .,t} 14 11 0250 09/17/ C . W. HOULE INC. != `F+'rI.� `�i� "_l� } C} 5 PROJ 90-10 6,079.76 11 .1� 14 9 020870 09 /20/93 ALLIED MEDICAL ACCOUNT CONTROL COMMISSION DUE I- OR C.:tiLL AG ENCY 6 .50 689.50 _..... 1 ._..._... .... C 91ZO /? F. M. F INC:. F�R �,� ELT . 7 -45 5 6,1 4 5 .1 9 i i PROJECT 87-45 Z 807 r' 53 3 ,- 14*7-1 54_ 400 9 /01 . _NI "N - S TATE .... TRE U ` R E Fi __... _ ........_ - 0 T0R VEH L I FEE ,{''�y A YA B'LE. _...1 �, r=, .7� ... 1 2 - 52 ) 1472 541 4 0 0 0 9 / * 2 - 0 9 3 M I N N . STATE T S TAT E D L I C: FEE PAYABLE 94 : q 00 942 .00 i 1473 320530 09/20/93 GU ANELLA, RON REFUND MI SC PERMIT 4490 22.00 22 .00 14 . -- - ...___..__�.�,�_. /5.._ ANDEuOt, BRUCE _ _ _. __._.. - .. .__ ..E1, EFA1`�iE fiAY.... _ __ - f y.. _ . o _ ._.--200 . _. 1.4'75 540875 09/1- M I N N . DE:P'T . OF PUBLIC: SAFETY TRxVE.L TRAINING 40.00 40.00 i 1476', 54088 09/21/93 MINNESOTA DEPT. OF REVENUE AUGUST FUEL TAX 1 r -.1 . {y0 161.00 -- -- 1 r' - �. �.__.__..__ y . / � 3 * ' __ NO - R T' - HER N STA - TEL; _P 1.ER ... _._ .. __ ._. _ ...... � � � _ . _ ___ .. _.. _ _ :31 ■3 UTILITIE Z'50 4.7 ' _ UTILITIES 98 _ � ,_, f r UTIL. IT IES 1 6-77 ,, 6 UTILITIES 2516 7.40 _. --- --- -- -7'01 _ _ U'1 I - I 2 * _ __ 7 UTILITIES X725 1 12. 5 9 7 UTIL IT 1 E 63 57 ■ 4 UTILITIES 63 ,�, 7.18 UTILITIES 700 4Z ■57 UTILITIES 2287 f.:.f; {:� ■ SF UTI- L_I- TI- ES'- -4.74.. _.. _.... _._._ . _.... __. _ 2!7 .02 __ -.__ . 1 3 7 ' . 14 1478 541400 09 /2 1 /93 M I N N . S TATE TREASURER STATE DRIVERS L I C.: FEES PAYABLE 678 .50 ', '7' ; ,50 1479 541400 09/21/93 MINN. STATE TREASURER MO VE.H LIC FEES; PAYABLE 10 383.51 10 3_ -3.51 1450. ___. _1.52f_,5 09121/93 - COUNTY RECORDERS OFFICE.. _ _ COPY _ . OF Hf�Y - EASEMENT Z . DD � 2 � _ - _. 00 1481 0750 0. r;f� /.r= TAYLOR FALLS BOAT CRUISE BOAT C 218 2-'18 F 1485 710555 09 /ZZ /9 3 PENN CYCLE SUPPLIES -- EQUlPKENT 47.77 47.77 1483 541400 0'5, Z /9 3 MINN. STATE TREASURER STATE RIVERS ^- k L T S..- FEES PAY � 7 4 ?' ■ 'T •,.� 747.7 A 1 i V OU C: H R E G CITY OF MAPLE PAGE :; /01 + - 1 1 : 6' 8 ilr_sUC:HER/CHECK REGISTER �. . FO PERIOD 09 VOUCHER/ .r. CHEC:t•-:: VE NDOR CHECK VEND ITEM ITEM CHECK � 1 NUMBER NUMBER DATE t'AME DESCR IPT ION AMO UNT AMOUNT 1484 541400 09/22/93 MINN. STATE TREASURER MOTOR VEH LIC FEES PAYABLE 16, 441.60 16,441.60 I 1485 54 -141 09 '9_ 93 MI>` NESOTA FE "DERATED B _... _ F . C,t� _ 5.00' , . � 1486 541400 09/ M I N N . STATE TREASURER MOTOR VEH LIC FEES PAYABLE 10 10 1437 541400 09/2:3/93 MINN. STATE TREASURER STATE DRIVERS LIC FEES PAYABLE :310.00 :31c .00 1 n 14 88 7�Z1 + 91Z4 /9 3 . _ . _F , UELIC - EMPLOYEE PE DEDUC'TIUN F -BL . 117373.01 PERA CONTRIBUTION 14,728.60 26,101.61 � _ - 1 4 1 - EMS E R S H I - P 14's 0 541 400 09 /24/93 MINN. STATE TREASURER STATE DRIVERS LIC ` 48 948 . "25 1491 541400 09/24/93 MINN. STATE TREASURER MOTOR VEH LIC:. 10,215,00 10,215.0 {} � I C_ A . '' I "� 73 T - Pr ,� ._ ' F f W. T ;/24/93/ P /R 2 4,263.37 FICA CONTRIBUTIONS 9 P/R 'f 138,_. 43,035.99 1493 ;1 4. 5 09/27/93 WISCONSIN DEFT. OF REVENUE WI SWT DEPT 1993 323.07 323 i ,ot 1 4" _.- '0912.7..1-9 -3- M -1-NN -ETXTE.._- TR _ _. _ . _ Kn- T - r3 - R - V EH LL_C.- FE-EE--- P'AY A DLE .__.. - . 14 �.;��,� � 50 -------- _ __.. ___.. t { 14' - 424 — ' -- 5 - r� t: � 1495 541400 09/27/93 MINN. STATE TREASUR STATE DRIVERS LIC FEES PAYABLE 496.75 496.75 1 49 6 1 09/ CHURCHILL, JANIC:E REFUND — SOCCER 25 5 ' - U N I T E D WAY-­-0E----THE' S . ` - - -- F AU L __ M . I - E D _ . _ A Y . _ D . E D _ . _ _ 3RD .- . QTR - -- 1-79'3F _ . _ . - _. 911-7-, 0 8 ,r' 1 1498 1 0095- 0- 09/28/93 L=UCHMAYER , PAUL C. REFUND OVER PMT ACCT #AMB 30708 4 191.84 191.84 , 1.499 530350 2 8 / 3 M E L F= Y , M A R C E M. REFUND D U F PMT AML-= A C G T # == 0 ? 6 3 ,;.: 434 4 ., 4 » r; t i M-C6-U "T -RE ._._ rrr r t: _ .._ _ _. _ _ E T vEt� r L ..�A a n� E . _ _ . _._ _ 5,0­0- 00 . _ .- _ _ .. _. - -- 45-0, --,-0- , 1501 450250 09/28/93 LAKE COUNTRY CHAPTER TRAVEL r TRAINING 245 . 00 245 .00 . 150:: 310850 �a9 /�:w: /_ =,:� GOVERNMENT TRAINING SERVICE TRAVEL ;L: TRAINING 45.00 45.00 ' 1 40.0_.. D>rr /Z 8 , 3 MINN - v S _TREASUR -ER — _ _ .ST AT .. E .--- - DR - I V'ERS L C: - FEES P-AYAB.LE _ _ 68 Zr. 68 Z5- 1504 541 400 09/28/93 MINN. STATE TREASURER MOTOR VEH LIC FEES PAYABLE 9 9 1505 3022 -'5 0 05 GLADSTONE FIRE: DEFT. THIRD QUARTER F'.KYlYIEhIT 7 1 ;., THIRD QUARTER PAYMENT 7 6 , 5 8 5 0 83,497.5 1506 2:=:0500 r;9 :2`:x, /9 3 EAST COUNTY LINE FIRE DEFT. THIRD QUARTER PAYMENT 6 , � THIRD QUARTER PAYMENT 6 6 1 809 .00 73,055.00 A i ;. VOUC:HFEG CITY OF MAPLEIAI PAGE 4 10/01/93 11:48 VOUCHER /CHECK REGISTER ' FOR PERIOD 09 S. V -- C:HEC:K VENDO C HECK VEND ITEM ITEM CHECK I NUIYIBER NUMBER DAT E NAME DESCRIPTION Ai+'1 + =1UhiT AMOUNT 1507 7 0 11 00 09 PARK SIDE FIRE DEPT. THIRD +; +UAR7 ER PAYMENT 4 1 847.00 ;1 THIRD QUARTER PAYMENT 51,845.50 56 r ; 1508 430430 09/28/93 I• NUT ON ELECTRIC, INC. REFUND ELECT PERMIT 93-375 15.00 15.00 150 1 .- _ -�__ a ' 10 ......... 0 / E COUNTY LINE FIRE DEFT......... .. SPECIALIST F'MT IYIAT _ .TRA IIV 666,,00 _ 666 00..__. 1510 541 440 09/29/93 MINN. STATE TREASURER STA: AUGUST '93 SURTAX 4 AUSU '9n- r .r 0 3 - 8-- u03 '* ;. 1511 541400 0`-"r /29/: 3 MINN. STATE TREASURER STATE DRIVERS LIC: FEES PAYABLE 523' 1512 541400 09/29/ 93 MINN. STATE TREASURER M VEH LIG FEES PAYABLE 15, 937. 15, 937.61 151 BU-Y _ »tfl'' I'' I E,., - E.,i:1 fi IYIEh{T �.t.� , rte �.., , F. 1514 270700 09 /:=0 /'a :w FOR YOUR SPORTS UNIFORMS & CLOTHING 35 - :; F � .00 , 1515 670990 09 OFFICE OF ATTORNEY GENERAL CRIMINAL RECORD FEE 15.00 15.00 1 •fi P OS T - AGE BY_-.. »iNE _ _ __. P OSTAGE -METER __ _ _ 3,- 0 r 00 _ _ 1517 541400 09/ 30/93 MINN. STATE TREASURER STATE DRIVERS L1 C: FEES PAPAL -.LE: 411.00 411 .00 ! 1515 54 1400 09 /:w 0 93 MINN. STATE TREASURER MOTOR tiEH L IC: FEES PAYABLE 18,790.Z7 1 8, 790 . Z7 1 1 ^ �_. 7 __- . L:. t:. t:. t� ' -- - -'�' .r'I _� �_� / .� •. • P U E L _I E E M P L O Y E E .. _ _ . _ __. - ._. _ _. _ .'. ' - ' ------ - L d F E ht;J . F' BL o _ _._ :; 4 5 C _ 345 11244 01002_ *4 10/11/92 A M ROTOT I LL I NG , INC. WEED CUTTING 320.93 3 20 q 93 I 1 12" 45 0108530 10/11/93 ADAMS PAUL REFUND YOUTH VOLLEYBALL 2 3 . 0 0 23 . 0 0 � _1 Z4-6 - - - - -- - - -0 2 - 07 9; -0 .... _ _ 101 _ ALEXANDRIA T E C• I• N I C. A . L COLLE - __. � �.A jf.E.L _.. F .. T R A - I #1t I N G _... _... 11_47 021210 10/11/93 AMERICAN FTIiiAICICTAL PRINTING PRINTING - 19 BONDS 1 .i PR INTI NG 191513. 3 . :� 23 i r P R I N T I N G - 1 L-• O N D ,:, 1 373-85 t:. ,? 3 1 .7 t 12 4:_ c 1 _ .. 1 - - - f 9 aMEfit TGahl .. INATI O taL DANF:: _._._... _ i�E� RUGT i,'riV.. _ _ T `,._. I MI�`fi;j V .L; + = +tID __._ . , z _ . ����.. _ - 11 1249 0 1 0/11/ 9 3 AM TOOL M A IN T L"N A N t..• E; M A TE R IA L 40 40■70 r 1 1 Z 5 0 0::; 04ZO 10/11/93 ANDERSON, EVERETT A SEPT 93 B U I L D I N G INSPECTION 1 1 025 -00 1 1 02F , 00 : 1 03ri655 - - - - a r •_ 1 � 1 � 1 / . •,� ANDREWS, SCOTT A . ' t i RAVLL I -TRA •' •.: I h! I nJ G 4 1 . ,., t 41 1/52 03110_ 10/11/93 AFI~EARANCE PLUS CAR MASHES 6,.00 CAR WASHES 1 , 00 CAR ! A t:, H E , 18 .00 45.00 •�� wt t I c ) t l r� _ 4 7 _ = t "i �; • . 1 - / 1 1 /. ^t . + i AR D EN , D i= M S. HOSPITAL H R EVI E W . VA C IHA1 I t +M . ' -' 1 1 2 VOUCHRE.G C: ITY OF MAP LE1��.:OD � PAGE 10/01/93' 11 VOUCHER/CHECK R'EC�I - TER _ FOR PERI 09 VOUCHER/ _ CHECK VEND CHECK VENDOR ITEM ITEM CHEC NUIYlBER NUMBER DA'rE NAME DESCRIPTION AMO UNT AMOUNT 11254 040915 10/11/93 AR14ALS AUTO SERVIC REPAIR MAINT /VEHICGLE 539.13 REP Y MA INT /VEHI C:L.E %2*04 2 1 7 4 11255 04:�:525 10/11/93 ASTM }ti:EfV HA ZI)C Fi MEMBERSHIP 50.00 50 �....��, �; ��Y���_ -____ ..� �- . �►,� -.�__ __ �- A � - -�� ! - _�. U - ��- __..._ ._ _.__._._ _ _ _ .__- _ __ - __ ..._ E�`T__ : � 1�����Ai 1�._ .,i.�F`F- C�_IE.:, _._ __ _ �� �..�.� __ __ - -_ __ _ __ ... _.. - _. _- 35 .. 1 1 � F� 7 ... C t, !-� t� _.� �D 1 `-,+ =; 1C /! �. /. « r, WA RE HOU SE BA TTERY TIRE �#ARL.HCiU,�L. S UP P LIE S r ,..,I.�FFLIE,r, VEHICLE 104.37 -, 104 . i, 11258 t; 61913 10/11/93 BAUERS, DEBBIE MAINTENANCE MATERIAL 52.53 52 �-- __..__.----- - - - - - 1 ��;.,. - �.T'- �..1.- �.�. -._ - -. _ �'...• I?E Fit�iACU --- �17t1�7.�T_�._.��_:._ ___... _ - _._ .__ -- -___.. __ - E� A7 R ----- � --- IYI�C I�tT�t-►`L�U� �"_._��i�Clni13.� . _ . __ - __- _......_ .... �.�.�_�_�.. - -- - __-- -_..__ _- - - _ _ - --- - - - - -- I'?1 -.. ��_...----- - -; -'' 11260 .. . c�71�t�t� 1D /11�'' ?:� �:�EUT BUY CO. _ �UF'fiL - EQUIPMENT _ '�t }.�7 90.47 I 1:f 0 8 0 325 5 10/11/93 BLAC:}:STONE, GAIL. TRAVEL & TFiAIIVIfVC-i 196.23 VEHICLE ALLOWANCE _� � =,r t 1 �f,�. -. �, 11262 080400 10/11/` 3 PLEVIMS CONCESSION SUPPLY CO. SUPPLIES - JANITORIAL 157.00 157.00 , 0 D O H L ;1 t1 H.N _ _ _ _ _ — � C F' T "? `' _ 'S UPPLIE S . ' - " PR S UFRL IE 3 . r 00 11264 1264 - 10 ;;FCC 10/ 1 1 / " +_, BUILDERS SQUARE SUPPLIES EQUIPMENT 77.19 ,�UP`LIE •- EUIfiME�fiT 15 11265 10 1950 10111193 BYERLYS PROGRAM SUPPLIES 7,38 7.38 112 66 1 10/11 CARLSON TRACTO REPAIR MAINT V EHICLE 69,00 , R EPA F1 NT VEHICLE _ 1 2 , 1 7 Fi ).Fi , 11267 1 Z0 25 10/11/93 CELLULAR ONE TELER'H NE O 7 r 654 (10 PHONE COSTS 2 1.84 i 112 61 8 1;;10375 10/11/93 CEMSTONE PRODUCTS COMPANY MAINTENANCE MATERIAL 422.21 e el 422 . t i �__ -- - - -- -� f - 1*x .- H�P_._.__._ C - -- AST - n_ . _ - SAD L_ATnR __._.._._. �E� "A �`�"• - - & .. M - A S-tVT- /-VEtt7-C�E L . _._ --- ._._ -..._ __ _ _.. _ _ __. ._ _ ... 5 ._r_�� .... ...... ..... ,,. -_ _ �� ,_ j 11:7 0 152300 1 /11 /r - COPY DUPLICATING PROD. ' DUPLICATING CO STS 3 94 •�t� �Jy 1 11271 180110 10/11r'93 D DENTAL CLAI 1 t� rat r { ! ,. 190 :" 1 1 7 -..1 j_. 1 ._ __ - 1 r fi r= •: I3 i �3 L E W A T E - R E Q U I_ P M E N T - T - A X -- - . .ni�t I ANCE - N I AL _ 128-05 _ i 2 , 0 - -5--' C; 11273 2 00800 10/11/93 DIR. OF PROPERTY TAXATION D HALD R ► T 2N R'� - F' TAXES � 7�� 8�� ,,. 2fND "H PROP T AB, . FO R 2050 W BA 10 92 6 4- 2 6 ) 7 44 �..,� �D, - tlCt= 1 1 74 C-F01 13 10 9 �� /11/: 1�� CORP. ENVIRONMENTAL MEDIA ..�y� }RF , R'OGR'AM SUPPLIES E t ._,.� � +2 tl FF 'PROGRAM- tJF'F'L I E 59.90 � .�.. -. . 11 275 c:: F 0 2 0 1 r� � BR O THE R S r,. r r E S t.: SONS I NC. MAINTENANCE MATERIAL 3-59 r 5 0 359.50 V.✓ V0UCHR'EG CITY OF MAPL.E.NOOD F'A rat % 10/01193 11:48 VOUCHER/CHECK REGISTER i FOR PERIOD 09 s i CHECK VENDOR CHECK VENDOR ITEM I TEM CHECK � f NUMBER NUMBER DATE NAME . . DESCRIPTION AMOUNT A M O U N T ,. • r 11276 76 260400 10/11/93 FAUST, DANIEL TRAVEL & TRAINING 2- 7 r00 r, ___... LE ALLOWANCE 1F r s' aS' ;� S� r is 11277 26 -0725 10/11/93 FIRE -GUARD SPRINKLER SERVICE FIRE SUPPRESSION SYSTEM 3 9 565.00 3 _112TH _ T02.5 D_ ..-. . _ . 10_ /_I11'93 LEET SERVICE CORP­ REPAIR & MAINI"fifEHIC:LE 95 p55 REPAIR y (SAINT/VEHICLE S »1r7j REPAIR ti MAINT /VEHICLE 65.02 b .... -- R E F` k R , f . M �i I CUT I V E H I G L E _ _. _ .. _ t.: _ . _. _ �. Ci r ..,� �'y F REPAIR .v MAINT /VE.HICLE { }r fJ 3:11 . 1w: _ 1 1ZT r 30 1.7.80 ..........10 1 GENERAL . REF`AIC1 -. MAINTENANCE MATERIAL 1 1 1 149 .70 11280 : 02410 10/11/93 GEOTEST INSTRUMENT CORP. SUPPLIES -- EQUIPMENT 40.50 40 . 50 11281 310650 10 GOPHER DIS POSAL AUG 9= RECYCLING 15 15,4:3 _..... r..' 1. "`0200..'. ..1.0/.1.1/' 3' GRACE DUANE _ SEPT BUILDING -- INFECTION _ 1128? C.t::0 6 10/11/ 3 GRAFIX S HOPPE R � ,. F►EFAIFc t� IUAINT /VEHIC�C -E ,_ 0r80 340 11284 3;:0'9.-- 10/11/93 GRAINGER MAINTENANCE MATERIAL 5 ;7 su SUPPLIES - EQUIPMENT' rt r 20 JIt MAIN'rENANCE MATERIAL I MAI NTENANCE MATERIAL r C; + 38.42 �.� _ � 1 0 r1 r r 3 _ .. r __ - DER ,� �`��i#UER_ E� �U - -.._. __.__.. _....._.__ REPAIRS & MTC'JCE. /EQUIPMENT­ _. _ IS 5 .19 _ SUPPLIES - EQUIPMENT 4 -1 E; 11286 40950 . _ 10/11/93 HENNEPIN COUNTY MEDICAL TRAVEL 11 TRAINING. _ 65.00 65 .00 1 1287 3 70076 1 c� 1 ct ..., _ I /. .. >". � rr � HU+�HE�, .: :CAS LO GAL FEES/ PROSECUTION F'R_ ; +N 4 � 4 I�f 11288 380199 1 0/11/93 IC:leiA BOOKS If `4.4 1 1 w a .•. 81: .. ..._ .. _. _ /..1. 1 / I : C� p S r E , i U I F t CSC E N T _ OFFICE 1 1 s, . 10 119.1 r 1 . 1 1z90 •. 90102 10 11 /9S ISD 22 PROPERTY RENTAL 313.15 15 ; PROPERTY._RECUTAL.__...... _. 7r f � , _ PROPERTY Rr NTAL ���,30 . �_ 0 PROPE RE PROPERTY RENTAL 1 315 9!fl 5 it 400735 10/11/93 JNF' TELECOM INC _ OCT OCT T 3 HO N ? TELEP �. F` U E IYC A I �" ' �; r ._ _} , fr: 7 1 • 6 :, ■ ,F 11292 10 4� i; 10/11/93 KELLER ELECTRIC: INC. . LAND IMPROVE INSTALL F'HNE C:ABL 52- 52.50 1 11Z93 4 50125 1 L r E . T . N . T RAVEL sr TRAININ 488 488 _ 11Z -: 470700 10 11/9 LILLIE SUBURBAN NEWSPAPERS " `- '� LEGAL PUBLICATION -- M Cxl REVIEW 5 15 r LEGAL F`LlZ.'L.I CAT 10 N - M14 REVIEW 44.90 1 V <<i U �': H F: EG CITY ��� F t� A F' L E !�� i i� �D � , PAGE 7 it 10 /01 /93 1 01 48, _. VUUGHEFiTCHEC: }:.. REGISTER FOR PERIOD 09 VOUCHER/ C:HEC= }::: VENDOR CHECK_ VENDOR ITEM ITEM CHECK NUM N DA NA M E DE AM AMt7U LEGAL PUBLICATION - MIS REVIEW 77-35 1 LEGAL PUBLICATION - MW REVIEW 62. 48 . LE P U B LI'CATIO'N' MM REVIE r, .44 LEGAL PUBLICATION - MW REVIEW 41.01 ADS - ACCT COMM C:TR MANAGER 268.20 1 11295 480683 10/11/93 L ORENZ BUS SERVICE INC. OUTSIDE RENTAL - EQUIPMENT 115.00 115.[)0 11 Z51 6 ...__.._..r. . ..._.... . M R...P. -A TRAVEL AIMINu- _._._ _. E L. � � ��� � 34 _ . - _ 340.00 11 97 500775 10/11/93 M.T.E I E - OFFICE 315.65 315 11298 501 9505 10/11/93 MALL IC:H, GRETCHEN B. VEHICLE ALLOWANCE 4 . 78 i TRAVEL & TRAININ 691.64 696.42 11299 511750 10/11/93 MAUT7 PAINT COMPANY SUPPLIES - JANITORIAL 19.84 19.84 ._.......... T R A V E .� , � � N.�" �-► � 1 . �.:� � -� i . �.:� 1 71 11::01 530500 10/11/93 MENARDS MAINTENANCE MATERIAL 23.45 i T �, S UPPLIES _ . EQU IP M ENT _ 8. _ .................... _........ _... ;;, I, <� , MAINTENANC:E MATERIAL 102.45 134. _ S _ . - -. _ - ... _ - -- - - - -- - -. SEPT 93 ELECTRICAL INS PECTIONS 3175 .50 SEPT 3 ELECTRICAL INSPECTIONS 3,758.50- 31006.80 1 11303 53 655 10/11/93 METROPOLT ATAN AREA PUBLISHING 19 19 , . - 1 t - 110_ . / 1 MN STATE _ BAR - ,� - SOC:I - AT ION _ . _ T-�{�VEfi.� .__ _._�_. __._ _ ...._ . - _. _ ___... __.._ In � TRAVEL TRAINING 185:0€ �; ;? 7 c� , Cy t _. 3 �:� _� 11 _. t!►C� _7 _ _ 1 I 1 , 1 ..� / MOBILE EMERGENCY SYSTE1^ , INC. RER' S 1�tA TC�iT /VEHICLE, .t REPAIR MAINT /VEHICLE 4 00 1 17: > , . / / _ _G .E Lf� ■ l�tAINTEh A C`E h1AT`E I .. .�•� 3 i 11307 5701 1 0 /11 /93 MONROE SY STEMS FOR BUSINESS SUPPLIES - OFFICE 106 .50 1 06 . 5 -50 11=081 5705 00 10/11/93 MOTOROLA, INC REPAIR MAINT /RADIO 976.43 976.43 ; � '� 11 t j •; , : -, �,rc r:-�1,r -. -/ 1 { / 3 E fir 1' L '• J NEST , 11310 640500 10/11/93 NELSON, CAROL M. TRAVEL TRAINING 'fry. 26.2 • , I 1 1 -' 1 1 1 5�_ 9 1 5 t_l �, 1 / 1 1/ 9 �' f_I i_f ROB ERT I1T G• NOBLE E r (�. ' , B UILD I NG I L D I N I N �� F E C: T ! + R 1000 . i } { l 1 , {_1 {_� 0.00 ` 1 1312 rarrtit��;t_x 10/11/93 i�1��RDLINCa CONS TRUCTION CO INC* LAND 5;=; jt_lt). {,ac� , BETA T NAGS 5 52 9 90 . (_' 0 _ .. , r--, {_ 800 10 1 - 1 / � >: NORTH ST . PAUL PAUL TY OF _:,.._,... � -.. 2' _ 366.29 , ' f t �' j !; � V.. L1C•Hf�EU CITY ±�F MAPL.EWOOD PAGE +� VOUCHER/ CHECK REGISTER FOR PERIOD 09 4 CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT � l AUG 9Z.' UTILITIES 698.62 3 �++,, 1 1314 ., i - O7F - - - - -- 1 / _ 1 L / _�,, ._ 1�iC1RTN TAP; . CONC .... CUI�iF`A�Y __ ..._._:_..iY1A..Tr�[TEC�IAhi.�E lyl} - AE iwt 32 _ _ �; ,.- 32' 1 tl 11 r. r r_ -,t - tt i t 11:15 r_''�61108 10 /11/93 NORTH ;TAR WIPER & IINDU SUPPLIES - JANITO S U P PLIE S t 38 .5,:: .. : -, 2 :.:1 .5 11316 661 180 10/11/93 NORTHERN A I RGAS INC. SUPPLIES EQUIPMENT 84.59 84.59 +, I ` 1 _� ' _ 17 - __ 1 , 1 r► 1 - - -- ..._1_ 1._L_�''�.,�._..__.M�- �RTHERN_ ATRG �- __..._.. - - - - -- _._. _.._...�UF,�,L.rE� EQU I_PMEN T .__ -- _.. _ ------------ _ _ .__._. _107.60 SUPPLIE - EQUIPMENT 1 1 .52 124.12 1 _....__....... ._.- 11w�1._��.._..._..1�OO..... 10/1 HYDFiAULIC;ING. MAINTEhIANt:E..MATERIAL __. - 574 _ _ _. 57.. i 11319 670 950 10/11/93 NYSTROM PUBLISHING COMPANY INC MAPLEW IN M OTION 2 2 �, 11•_I20 7115110 , �� 10/11/9._. P HOTO S FHiiTOS T GO P HOTO S FHiiTii r, �• ,'"t 3. ._;; 8 P'RIN'T 4 .39 7.97 11. 71154 1i1/I1/93 PHY -IO CONTROL SUPPLIES - L.QU11PMENT 412-11 2 S E R V_ I G E ^ - -- INC-- .. _._ �.. _ TV INSPECTION OF STORM SEWER __ 9 353.90 !SIJ I i 11323 712115 15 10/ 1 1 / 9.3 POLAR CHEVROLET GEO REPAIR _; MA INT /VEHI C: LE _ _ 100. 1 0 0 .00 .; 11324 740765 10/11/93 PREFERRED RISK CONSULTANTS RISK MGMT INS CONSULTING SER 170.00 170.00 � 1 1 _t t:. •_ 7 ` 1 - _ _. _._..1 1 - r :.,1 R R - I tit r O l�l F Ct t1 D ; _.._. _ _ FRO - G Ri - A - M F L ES _ _. __.... _.... _.. _ _ _ __. _ _ . 61 .4 6 r 1'. 4 r 1 i 11326 741331 10/11/93 RAM SEY COUNTY AUG 93 DATA PROCESSING . 44 AUG `13' DATA PROCESSING 5. - 6 5 _ AUG 93 DATA PROCESSING 12Z.34 1Z8.43 � .. x. D c� -- ... 1 -0 - 1 1 _ ./ f _. ROAD - RESCUE -.._ _... _ - _._ . __ . _... - _S U P P L I E.S. _ . _ 'EQUIPMENT,- _. _ _ .- _ __ 4 0 n- _ s ,.�..�.__ .. _ .. 1 11328 762350 10/11 RUFF CUTTING OF NEEDS 40 . 00 40 11329 780300 10/11/93 SST OFFICE PRODUCTS INC. SUPPLIES - � OFFICE 8 t� .71 SUPPLIES - OFFICE 67.41 SUP'PL - I ES - OF5 I -C-E F15 .4'3 SUP'P'LIES - OFFICE 38.01 ' SUP'P'LIES -- OFFICE 53.95 _...... .. _ _ SUPPLIES OFFICE _ 19.34 SUPPLIES - OFFICE tj . 6c, ' SUPPLIES OFFICE 29.56 _ S , UPP E S (� L I .. OFFICE IC' E ,�. . 5 r `�F t: ,� 1 ` 3 4 55 • ' 11:_._1 =i 7�.�{ 14�/11i r:�, ,ALLY DI.�TFIL�- �UI"�ih Tt�iC:. Rh +�'�C;F�AI�I ,�UFFLIE.� 4nC} p {}F r 11 8 129 10/11/93 S1614S BY NORTHLAND SUPPLIES -- EQU IPME14T ` 5v . 15 39. � 8 0 50 1 `._, L1 KKIA ME SY STE M S SUP - E 1 7 80 127.c' V���UC:HRE CI'1 - Y � M A PL EI�f��t ���D PAGE 9 10/01 11:48 _ VOUCHER/CHECK REGISTER . FOR PERIOD 09 V0 - E��� CHECK':. VENDOR CHECK VENDOR ITE1'�i ITE1�1 CHECK NUMBER NUMBER DATE NAME DESCRIPTION - - - - - -. -. . AMOUNT AIY}ilUhlT 11 8 315 0 6 10/11/93 SPECTRUM BUSINESS SYSTEMS SUPPLIES OFFICE 85 73 8 5. 7 3 11334 'n 1550 10/11/93 SPRI NGSTED BOND . ISSUANCE COSTS 274 . 3:3 BOND ISSUANCE CCO S S r f = ,,�;,�; 2 _ . 1 7 F ;_ �•f , r_ r_ 2 . t i_l I1335 10111_1 73 - . ST - . PA ClTY.OF _._.._.._. A.U.Q. - '3 REF -AIR- ._v MA /RA'D - IU �.�...,A AUG 93 REPAIR & MAINT /RADIO 5 25 AUG 9:3 REPAIR & MAINT /RADIii 204.00 AUG �3 REPAIR & MA I SIT /EQ U I P 147 . 5 966 .0'4' 11336 840601 10/11/93 ST.PAUL PIONEER P RESS AD FOR REC. JOBS 1:3.84 1:13.84 11337 840603 10/11/93 ST. PAUL. PLUMBING & HEATING CO REPA `Y MA I NT /BLDG GROUNDS 302.13 302.13 • _ ._ 1 0 / 1 1 /9 - ST . F AUL RAM, -EY 'MEDICAL 'CENTER TEST" 51 .- oo 51 .00 113 39 8 10/11/93 SUPE:RAMER IC:A FUEL OIL 18.00 F E L t U I L 1, r_ . D D _. __.. _. _ .. _ . FUEL & OIL SUP'P'LIES - EQUIPMENT 49. 09 210. _ I 1 = ,F 1 575 - _ 10 / 1 1 /9 3 SYSTEMS SUPPLY, INC. SUPPL I_FS - _ 1 -A.FF T c'_F_1 _ :� =s' =�{ A 1 1 _:L;ci . 11 11341 -_.., C - 8 D- - .1-01-11/913 ,� 2...__.�i � T a A - A S C H - I F ,� � . Y _. � �� � , - INC I N C PHALT MATERIAL _ ~��� ,,_, , .....� , _ _ _ ..,.., - , ,- ._ _ . 8 . 11342 81-1 100 10/11/93 T.J. AUTO PARTS SUP'P'LIES - 78 SU'FFLI ES .. VEH I L LE 109.9 SUPPLIES - VEHICLE 21.41 20 113 4 3' 5 10/11193 - T. ,1 . -T. r - SHIRTS SOCCER SHIRTS _ _ _. I — $ T89 +5.5 VOLLEYBALL T- SHIRTS 199.75 1 11344 _880501 10 11/0'^ TREADWAY GRAFHICS PROGRAM SUPPLIES 11 v45 d 11345 880 750 10111193 TROY CHEMICAL INDUSTRIE SUP'P'LIES - JANITORIAL 12 .89 1l2f 8 9 1134 8 82300 10/11/9: TWIN CITY SAW SERVICE SUPPLIES - EQUIPMENT 94.:=7 94 „97 1. - •»f 1 7 . 8 r_f - ~• 8 t" i l _ + 1 0/11/513 r , : j �� TWIN CITY TRANSPORT SF RT TUI� _ � . 21 T W 21.30 T W 2 � f 3 9 r ! 11348 900 170 10/11/93 UNITED ELECTRIC COMPANY MAINTENANCE M 50 .83 50.8 _ 11349 5 j10500 10 1 1 'VASK'O RUBBISH REMOVAL RUBBISH REMOVAL _r 93' L C` T �, ,� �. '' _ RUBBISH REVIOVAL OCT 9 _ ;� -�;7 . �;� :� 57'- � _ f:_ . � -- .. 1 1 - : big 9-11'350 . 10/11/93 . VI K - I NG ELECTRIC SUPPLY 'MAINTENANCE MATER.IA.L. _ - 2 22 O 97 _ 11::.,51 912100 10/11 /9:3 VIRTUE P RINTING BUSINESS CARDS 72.48 A*"k BUS I NE SS J .. .... 2f:._ N ' 4f 1 A 84 i t - _ VEHICLE "ALLOWANCE - .. _. -. -7 dii 4 1.10 A li 113 551 940700 10/11/93 WEGCO SUP'P'LIES — EQUIPMENT 78.1: 8► - - - - - -- - - -- ._ - - ........ - 11 356 941250 10/11/93 WHEELER CONSOLIDATED INC. MAINTENANCE MATERIALS 1 1 , x:65 .4 � - _......._..._ __ 10111/93 ?EP MAN UFACTUR'ING COMPANY 'SUPPLIES -- JANI TDRI AL _ _ -.__ . FF . 54 55.-54 _.. _.... :al 1 '�li • ......._._.._ -. ----- __._._._____..___.__ ._.._..___....._.._.--- _.__._.. 1 1`�iL CHE Ca rr- --...____.____ ._._..--- - - .--.--- -._ ._ _._..._ _ ..__ -_ . ._ _ _ ..- - .-- ._..._... ._._ - - --•.- --...__. .... ..- ... __ . 7-66 .•,� � - •- I ;a.;. I f 1 3.11 i 1 l: 't 1 t It I',f '.' V VOU+C HREG C CITY OF MAPLE:WiwOD P PAGE 10 1 1 : 8 _. V V /CHE REGISTE FOR PERIOD 09 ,j �i V VOUCHERI VENDOR C CHECK V VENDOR I I TE11 I I TEM C C HECCK � t NUMBER N NUMBER D DATE N NAME D DESCRIPTION A AMOUNT A AMOUNT i 1 1135; 9 920 900 1 10 /11/93 W W.L. TRAFFIC SUPPLY P PORTABLE SICaNSTANDS — SIGNSt 9 937.20 3 3 i i; l i1U 1 --- -- �— — — _ ... - -- rr. �. _ _ _ - -— • - -{ - -- r7— �— .____._ . ._. y� � _...._— _.�._.._...____._.._. —_. ..___ _ - - -.. .---...___.�.__ - -_- _..._____. may .. ,}..._ �y�' '('p' � -•� �. . .._. _ �jp(j'� �., _ . ._.._. { _._.� i r �• .. __...._.__ �1.5 `t 11354 X140655 1 10/11/93 W WERMAGER, CC. +I� N IE T TRAVEL & TRAINING 1 14.06 CITY OF MAPLEWOOD 0001 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURREP-4T PAY PERIOD U . GE.OR 27 3 42n, I 16 Ze 20 S3 Cp- E3 t ER WILLIAM MIKISKA 19 7 US .8 1-3 2 1-33 RICHARD HANGSLEBEN 114R'R'L'Ai� A. .. ,. v. . s♦:. .... . ,. .. ... ... ... ... ... CITY OF MAPLEWOOD EMPLOYE GROSS E A } i N I N G S AND PAYROLL D E D U 1...• } . .#. O P L»• 3 v i A.« C } 't i«l 7 2 - 3 4 '• «} !» �.s �:t ;' ;` s _ ' . ,r` }. =' �-#• f` ': �..: A # �..:# #.... '# #``# t t__ tv �...# #'` s.::: is f p i 5 6 In 7 VX 6 w.Q ..�.r ww . .. f .. r 'r t i t.. j i .w r. f =«. . ... � F . {N � � • tM+w y L L �t I L_ L E F� = L � � .+ -.. . 9 - , 10 0 0 t a «t 6 7 i • E }_} ` .' k—.» 4 9 tai BETTY S L... #_.. V O G i i 9 9. 8 8 • 11 13 14 �M �•..� t... Y«r f J 09 /24. "9 1 , 3 NM } iw • I • _ _ .....� «yam «sa 1 .. s... ..} !; a s...f 15 - 1 6 f J j Y3 f 1».. A + � t � tom} L..• �- V IN I L«. L rt L. L_ ' »D 1.... s ? s 17 18 } «� } "t • ,y " • �„ �_} }- •�� j l »r i j.. f ji •t ,' ' « } •' t •t 1 20 0 0 s.3 3 l . t �} i.... a '#` J F ' ►�3 ET f R R,,� # , L ic. { 7 i } t A 3 • `�i I L... # { 21 22 i� }i�} i , f t }`3 } 24 1` 9 C#'# HGOE 1 +� 114 iRE 23 24 (7) ..} ..� ..r i.1i ..,� } � «} r , �.....� : .. 25 26 C) 09/24/93. Sf4f4DRFI OLSON 956a 4b 27 128 } »} }, :,� �= t 4 f t..t' :. i.'::: � i ' 3 ril A R, Y K, A `fi F A L N 1'' -. 1 o t i '� ,. } »i }�� • 29 30 } "�.� " � F,..L 2 r /13 -;i ".. NN i t -} L 't 31 . t..? �.. }.. 33 _ - 34 rNr t "} �. r• t -, 1 ^ i 1. Y f 3�..: + f ' J t.�«t JOANNE {' } s E # `•# 3.. L:.i L... N 1 � 41 twt . '. � f 35 36 }..�}.F "mot Wit. »fir - r• �r =- t1M ,,, . 37 1 39 41 43 44 �« } { t �" t«i �..# .. iR 1 17 `t► }.... }' ...} t. .� ....... +� ..3 #' L ... is . �.. 45 _ _ 46 !..} '�'� r te. tom? D 0 } `4 A L D (+ t� i� K • 47 48 i " fit - } `s 7,9 -} j j rr wj � «. F t .. j .« H Y # t 7 •, j ..A t .. 1 4 49 qb 51 «a - 9 7 53 54 r r J Of �55 - 57 CITY OF MAPLEWOOD C) EMPLO YEE C3 ROc.---%S EA Rl*-,i I �--iGS AND PAY "'ROLL Dr*—_- DUC T I Or.-! CHECv:-'-.S 0 rill FOR THE CURREP,4-i- PAY PERIOD 1 49 50 51 52 0 0 G 8 24 53 54 55 56* 57 la k.)9 24 3 C `)9/24/93 i 0 H N R A S R DAV 1 D L j I Mf4LL K E V 1 N RABBE'-fT I 1 6- -,-+. 1. 3o 4.3 � - ­3 . 76 l 9 1 4 7 Zts 5 --EVEN PALMA A + 0 B E R T' E VORWERK 6 5. iR 4 1 717,v :SQ BER� -iECK i CHECK DATED PH'Yl= MU N: I. 2 3 4 09/24/93 D A LE- L 5 03 6 is c) 1 9 z 2 r z R I CHABD 0 MOE' Cl L R 7 TA MES YOUNGREN' 10 00%, L0 9 / 2 4 9 3 DAVID i A+ 12 C) Z 2 4 Z 9- 3 1-:4 WIL L 1 ER C4 13 14 561-- 2 4 9- 3 THUIM S J S C 7. A N S 25 15 16 8 0 0 L t1l 10 ts C A BO T V vWE L C i-f L."I N i 39, '17 17 18 19 20 R* iKA- Z. OFF 21 22 M I CHAEL RYAN 6 4 p 23 24 t _ 0 GL 09/a: 193 ­F`BERT M 1 CHAEL ul LIE of, 25 26 05t i:2.4 27. 28 0 %-316*1 B 1 2 j li I-S IRV. I C rH A` R,*D C. DREGER 1 0 29 30 09/24 91� G L ... t-- u ty, I HFt-4E I I L t3k + 4 J. 0 31 32: 0 F- kill" `4 d- 33 34 0 )9 2 4 /-34 K V 11 -4 R HALWEG 35 36 E, 24'el, 93; D E PiR- E L L T S­f 0 C Kl 0 tit 1 G 4 2, 10 37 031 00368 17 R K A BOWMAN::�, :1 92R8, 94 39 40 i 6 1 6 0 9 24 r3 3 VI RG 1 Ni A DO WDLE Z, L'4 E-1. 11 6 41 42 1— L 11-1 1 1 H I Z 43 44 o o 3 Es. Uzi iR I.C.) 9 4 P-3 STEJ`*-!HE*N J HE 1 Pi4 Z: Q, Z:t4 .45 1 49 50 51 52 0 0 G 8 24 53 54 55 56* 57 la k.)9 24 3 C `)9/24/93 i 0 H N R A S R DAV 1 D L j I Mf4LL K E V 1 N RABBE'-fT I 1 6- -,-+. 1. 3o 4.3 � - ­3 . 76 l 9 1 4 7 Zts 5 --EVEN PALMA A + 0 B E R T' E VORWERK 6 5. iR 4 1 717,v :SQ ~ �. ' 44 � � � 44 4 44 - CITY OF nAPLEWOOD ' 00�4 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTIOm CHECKS SEF Ulf 11-3 0 1 IL r�A 0 CITY OF MAPILEWOOD Ei'llPLOYEE GROSS EARNIE�%JGS AND PIA"V'ROLL DIEDUCTION CHECi,..S FOR THE CURRENT PAY PERIOD • Qu lb 8A at _z GRBAR'A G K ii Ut M M ELI )0. 46 bc 31++ 1194 7, 1: .�..4036868- 09/24/9 L I NE: S Ab 33 34 :2 4., = tit LU'll-HER i 0 N E S 63,20 351 I E 8 7 3, k 4 Pil Af-+ G e RE -f • KLLI N } 37 38 -iERT S- AND SON� 14 7/24/93 E fi-v, ROE" 1 25., 60 391 40 L 2 4 '923 E :5 b c� 7 2 J %J 254, E 41 24 0 Q 3.6 6 6 A _11 OHN CIFGREN • D 94 R _lUNT. 2 25 47 48 0 Q 3 FIB 7 Es 3 26 11:1 Is RQ.. R 'BEJ�l D U -JHK L 2 18­1 4 10(l):36854 09/24/93 ERICK D OSWALD 1', C'3 I, Go I 28 IL-) I'-) �s b 8 GES l-_-)9 2 4 9 LOIS i B R E 0-4 E R �_ � }w 6 'J 7 8 w 09'/ 24 9 13 . L L A M I C.:'CAS'S* 9 10 t- 0 13 21 9 RAVZA-i Ll D Bi- 0 t-11 L 12 ag 13 14 (J t3v 2 4 /5 3: jo . u CH 15 16 10 0 Its CY-3/24/93 DEP-.JN i S L PECK 17 18 ILLIAM P 1 E Ei E 19 2U 0036862 09/24/93:1. WAL • J- E- R SSL R: b L: L. 21 22 . ) 0 -- .- -"� --t. t% 0 b 1:5 - .- (y 14., /2' 193 T �i E R E -S A ri LEE T Z • Qu lb 8A at _z GRBAR'A G K ii Ut M M ELI )0. 46 bc 31++ 1194 7, 1: .�..4036868- 09/24/9 L I NE: S Ab 33 34 :2 4., = tit LU'll-HER i 0 N E S 63,20 351 I E 8 7 3, k 4 Pil Af-+ G e RE -f • KLLI N } 37 38 -iERT S- AND SON� 14 7/24/93 E fi-v, ROE" 1 25., 60 391 40 L 2 4 '923 E :5 b c� 7 2 J %J 254, E 41 24 0 Q 3.6 6 6 A _11 OHN CIFGREN • D 94 R 45 25 47 48 0 Q 3 FIB 7 Es 49 26 11:1 Is RQ.. R 'BEJ�l D U -JHK L 2 18­1 53 .. I 28 IL-) I'-) �s b 8 GES l-_-)9 2 4 9 LOIS i B R E 0-4 E R �_ � }w 129 1 • Qu lb 8A at _z GRBAR'A G K ii Ut M M ELI )0. 46 bc 31++ 1194 7, 1: .�..4036868- 09/24/9 L I NE: S Ab 33 34 :2 4., = tit LU'll-HER i 0 N E S 63,20 351 I E 8 7 3, k 4 Pil Af-+ G e RE -f • KLLI N } 37 38 -iERT S- AND SON� 14 7/24/93 E fi-v, ROE" 1 25., 60 391 40 L 2 4 '923 E :5 b c� 7 2 J %J 254, E 41 Z:4 9:3 43 44. C) 0 71741 45 9-08. 47 48 0 Q 3 FIB 7 Es 49 50 a, Ell a 53 54 55: 056 k. IL 4% t-. lb IL 571 Z:4 9:3 SHANE: SWANSON:+.* 'M A R A MARUSKA 9-08. 19 F'. Q IJ Is JANET M. GRIEW: HA yi A r -% a A M E S UDCHINDELDECEEB P-3 BURI E. iyffLES '4 TOERZ 1 NGER '.3 2:' 4 C) 0 626, 7 0 ' CITY OF wuUU 0006 EMPLOYEE GROSS EARNINGS AND ROLL DEDUCTION CHECKiS y Y PERIOD 1 53 33 1 49 Li 38 v PP ALA: SHANNON St. 40 09/24/93 TODD MILLER 38.00 09/24/93 DANIEL BARTEL ANDREA k I E t4l � ''' � ` . 50 )9/24 r. `�^._� '-� g, 50 54 UO3 ww - 0 907� ' 57 ----' 9.50 47.50 47.50 w LL 14 1%i 1 53 33 1 49 Li 38 v PP ALA: SHANNON St. 40 09/24/93 TODD MILLER 38.00 09/24/93 DANIEL BARTEL ANDREA k I E t4l � ''' � ` . 50 )9/24 r. `�^._� '-� g, 50 54 UO3 ww - 0 907� ' 57 ----' 9.50 47.50 47.50 w CITY OF MAPLEWOOD 0.- E1011PLOYEE GfROSS EARd'%4l-f,4GS PIP,4D P-A*Y)ROLL DEDUCI-ION CHi:-:•i,•.S FOR THE f_­.-URP.ENl* PERIOD 6 • 123 24 25 • 26 03 6 271, 0 9 /d 3 DAVI D GERMAI:N CHECK i"%! U r-11 8 E R C3-ll(*:_--CK D-ATED.. PA r EE • FIRS-1f MINNESOTA (FICA) 2 • 41 3 ;i'6 b U 14 b t-- U Pl-,' L .1 U L .}. '• t . t d ( . 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" a Action b Couhib--111,p n ors e AGENDA REPORTlod.. ._.. ..� <, ReJ ecte .__. . � r TO: City Manager FROM: Finance Director , tel — RE: AMBULANCE BILL - APPLICATION FOR CANCELLATION (ANNETTE A. TAVERNA) DATE: September 20, 1993 An application for cancellation of an ambulance bill has been received from Annette Taverna. On May 22, 1993, she was transported to St. Paul Ramsey Hospital. The original bill was $454.40. Medicare paid $269.47, Blue Cross /Blue Shield paid $139.49, and Ms. Taverna paid $2.44. There is a remaining balance of $43.00, and Ms. Taverna is financially unable to make monthly payments on the balance due. The application for cancellation and related correspondence are attached for the Council's review. lz Attachments ANMCANCM AGN APPLICATION FOR CANCELLATION OF PARAMEDIC AMBULANCE SERVICE CHARGES NAME OF APPLICANT: N'�`� -tl '�° l7 ��/�►�Pt'. ADDRESS OF APPLICANT:_,1�v Al le- c'S CITY: /I� kP STATE: 2 s PATIENT'S NAME, � /�✓ /� ��. / 1� . /Q ti DATE OF SERVICE A—v c) � lyy� AMOUNT OF CHARGES REQUESTED TO BE CANCELLED:.���•d'� REASON FOR REQUEST -CHECK ONE: �7/ ttj-:� I certify that the income infor ark tion I have supplied on this application is true and accurate. I also certify that the amount of the charges requested to be cancelled are not covered by Medical assistance, worker's compensation, Aj4C$*" Medicare, 09AIft insurance or auto insurance. Signed : f,L� Date: lei -� 1. Financial Hardship (fill Out reverse side: 2. Other: L � - I - ILCOME NFURMAT ION "INCOME" means any mount received from the following sources by any Resident: • Any Public Assistance, including but • Salaries, including. comni ssi ons, bonuses, not limited to welfare, AFDC, SSI, and overtime pay and tips Unemployment Compensation • Interest and Div • Pensions and Annuities, including PERA and Social Security • Rental income • Estate or Trust income • Business .Profit - -for self- employed individuals., including Farmers + Gai n f ran the sal a of property or securities Payments received from properties being sold on Contracts for Deed • VA Educational Grants Li st all residents of your household. Include yourself. Include their ages and their incomes (if any) : 1) Income listed should include all i ncome which your household can reasonable expect to receive during the next 12 months. 2) "RESIDENT" means any person, other than a renter, living in the household for at least 9 months of the year, or a person who is claimed as a dependent for income tax purposes. NA14E of AGE OF INCOME OF RESIDENT RESIDENT RESIDENT SOURCE OF INCOME (per month) (including employer's address, if applicable) �• d TOTAL INCOME: i33 per month= )� der year A A6 r BlueCross BlueShield of Minnesota P.O. Box 64560 • St. Paul, Minnesota 55164 -0560 August 19, 1993 Attention: Business Office /Refunds City of Maplewood 1830 East County Road B Maplewood, MN 55109 Subscriber: Annette Taverna Patient: Annette Taverna Identification Number: 472 -18 -4669 Group Number: EP102 -ZR Claim Number: 3189970919 Dear Sir /Madam: This letter is to advise you that an incorrect payment of $43.00 has been made to Y ou. Total charges of $454.40 for services provided at your facility for Annette Taverna on May 22 1993 processed and payment of $182.49 was ma y p p y de to you on July 9, 1993, check number 0343137. However, the patient's Me scare payment was coordinated incorrectly o ri g ina ll y. on mall . The error was corrected resulting in an overpayment of $43.00. Total charge: $454.40 Medicare paid: $269.47 Balance to BCBSM: $139.49 BCBSM paid: $182.49 Overpayment: $ 43.00 Please refund $43.00 to Blue Cross and Blue Shield of Minnesota (BCBSM) with one co of re this letter in the enclosed self - addressed aid env copy prepaid elope. This amount is due and payable in full within 15 days from the date of this letter. Thank you for your cooperation in this matter. If you have further uestions, lease call (612 27 - � p � 456 -1 6 or 1 800 -382 -2000, extension 1627. Sincerely, Lois Wade Large Accounts Routing 1 - 19 LW:QWS /36 CITY OF MAPLE -Awr" 'WOOD ` 1830 E. COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109 FINANCE DEPARTMENT 612-770-4510 September 1, 1993 Annette A Taverna 1855 Furness, #112 Maplewood, MN 55109 Dear Ms, Taverna: I received the attached letter from Blue Cross and Blue Shield of Minnesota stating that they overpaid your account by 543.00 and requested that I refund that amount to them. Please remit $43.00 balance to the City of Maplewood by October 31, 1993. If you have any questions please contact Lois Wade at 456 -1627. Sincerely, Debbie Dehn Billing Clerk Attachment Equal Opportwuty Employer AGENDA ITEM F" 03 AGENDA REPORT TO: City Manager FROM: Public Works Coordinator SUBJECT: Final Payment —Seal Coating DATE: September 30, 1993 Introduction Ctlo ' b 0O . OM -011A e Allied Blacktop, Inc. has successfully completed Project 93 -11, Bituminous Seal Coating, in accordance with the plans and specifications. The budgeted amount for seal coating and bituminous overlay is $165,000.00 Overlay project $ 94,685.82 (previously paid) Manhole adjusting rings 7 Seal coating $ 60,992.27 Total $162,887.39 Final payment to Allied Blacktop, Inc. in the amount of $60,992.27 is recommended. WCC jw AGENDA N0, F 4W d/ AGENDA REPORT TO: City Manager action by Councl.1:1 FROM: City Clerk Endorse Modifie RE: CERTIFICATION OF ELECTION JUDGES Rejecte DATE: October 4, 1993 Followin g is the list of Election Judges who will be working at the November 2, 1993 election. It is necessary for the Council to approve these judges by resolution. RESOLUTION CERTIFYING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following l i s t of Election Judges for the.1993 General Election, Tuesday, November 2, 19930 PRECINCT NO* 1 Mary Libhardt, Mildred Dehen Audrey Duellman Sylvia Brown PRECINCT N0. 7 Chair Phyllis Erickson, Annette LaCasse Lorraine Rosauer PRECINCT N0, 13 Chair Ann Fosburgh, Chair Diane Golaski Mary Lou Lieder Gladys Sass PRECINCT NO. 2 Rose Marie Manders, Gloria Johnson Betty Mossong PRECINC N0, 3 Kathleen Dittel Jean Dickson Florence Stella Pat Blanck PRECINC N0, 4 Richard Wolszon, Grace Capra Doris Broady Marian Jungeman PRECINCT NO. 8 PRECINCT N0, 14 Chair Kathy Supan, Chair Shirley Luttrell, Chair Judy Widholm Delores Lofgren Gunborg Mowchan Helen King Jeanette Bunde Carol Berger PRECINCT NO. 9 PRECINCT NO. 15 Margaret Earley, Chair Richard Lofgren, Chair Grace Locke Ted Haas Elsie Anderson William Schnel1man Lorraine Petschel Lydia Smail PRECINCT NO. 10 Chair Betty Haas, Chair Joan Cottrell Mildred Burke Joanne Cunnien PRECINC N0, 5 Don Wiegert, Chair Thelma Ling Caroline Warner Betty Eddy PRECINCT N0, 6 Elsie Wiegert, Chair Marcella Watson Mary Agnes Fischer Beverly Ogilvie PRECINCT NO. 11 Lorraine Fischer, Chair Rita Frederickson Edith Stottelmyer Betty Berglund PRECINCT NO. 12 Lucille Cahanes, Chair Delores Schipp Phyllis Lofgren PRECINCT NO. 16 Linda Dunn, Chair Mervin Berger Carolyn Eickhoff Mildred Iverson F 1 MEMORANDUM TO: City Manager FROM: Thomas Ekstrand, Associate Planner SUBJECT: Conditional Use Permit Review LOCATION: 2305 Stillwater Road PROJECT: Sarrack's International Wines and Spirits DATE: October 1, 1993 INTRODUCTION cti. -on y,, our all't Endorse __.�..., Modifie Rejected Date The conditional use permit (CUP) at 2305 Stillwater Road is due for review. The CUP allowed a building addition thirty feet from the west lot line. The Code required a fifty- foot setback. This addition has the same setback as the original building. BACKGROUND Past Acton October 12, 1992: The City Council approved this CUP. (See the conditions on page 5.) CUP Duration Section 36-445(a) states that all CUPS shall be reviewed by the Council within one year of the date of initial approval, unless such review is waived by the Council decision or ordinance. At the one - year review, the Council may specify an indefinite term or specific term not to exceed five years. DISCUSSION Sarracks has finished their addition and is meeting the permit conditions. RECOMMENDA110N Review this CUP again if a problem develops. go \b- 5:sarracks.cup (25) Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. October 12, 1992 Conditions of Approval Attachment 1 Jims' Prairie -f 61 71 Q MICKEY / ILA IVY — AV'' _EL_KHE_ART LA 1 ~ O_.jH/NDR C J ~ 68 r-. z cr _j - E W z W 18/s _ I L_ 1 F- rf) z �1 2 1 1 It N o L 31 v \_ -1 41- �IQ HAWTHORNE AV -M ARYLAND AV 1 68 E. ROSE y �N ST A 3 � U) At w GERpN cr GERA)Avt 0 MAGNOL. AV 4 �O � B6'4ver o o Geranium 5 .�/ � cn � Pk 00, Lake � �+ W cr W - W J cn rJ, o �.E PL T Z Z ~ 0 CASE AV AR VESTER z L AV J cr W P Y1LLW o t W BRAND ,y� AEL LA AV 32 32 Maplewood co co Noture SEVENTH ST Eo Center E VENTH ST Y ? Bus AV-f� s W a cr a g 2 W MINNEHA m AV 5 34 34 cn MARGARET 6$ Lions �� U) E . E . FIFTH ST W 25! � , � � iZ Q r r 1265 r 1 ��0 o J l T „- y L FREM- W ONT AV ix W cc L —k 4 . Q .25 AV SERVICE DR C N WAY r" - 1 1 1 1210 � �:.� !� I r ., I i! t �' rLrvi I C' 236 .. . CZ- ` . �,' 1. 11 11 L .J 1 235 1 Q - 112_40 `t_ .� .1_ c- 1� —_ -- `� i 1L12/8�1� \. - 216 1 M t — 1 ' `� r .�i1225'1 2271 1 r1 1 230 �21 1i ' L_ JI�Jj 1 1224' 1 1 t Tonners QAJ 220 �---� 222 1 1 'Lake Hu0s, 12 a T. 28 N, R.22 W. y �► } 3 ( 04 4i Q 35 +36 c 0 j N 1 - r 2 I .. RO -� 0 K N Z CID - -- MAYER LA .rt CA n LOCATION MAP 2 Attachment 2 V • a ' %43 ' - - -- - -- - 4 ::► A •� ID e ....... .. ..a... .. •• ,• •• r o N � 1 _ M , 2315 r ; • ti N 78 . t •A • I SC1 776 768 • C54:] 758 L a 410 7 56 p ►ice e • tT 7� v , CARDINAL OFFICE P_gK • • •ti ., Op .:�:. •: ..�_� ;_ . ; • = _ -- 2 .... SARRACK' S I 4 X. " � I . V s l• / 3 j P40 � • jff t �l.1 I S i ts 19 � 1 � � = 3 24 e w �• SPARTAN SPECIALTII CLIFF'S BARBER ..� .�i ,_ SHOP N t o ES I I I 4b I •• M oot tp - -- --- MINNEHAHA - AV PROPERTY LINE /ZONING MAP 3 4 Attachment 3 t ...� 278.80' 1 � �C L a w� • Tb 1eCM�►t N / N load ,�q 6 t N M1i0ipD �E Y CQ ' 4 \ e�•�� o tx�sT4 - toot - .0 7 N t au s ( rx I r•i if � + �ON�TRuC.T�OM N ,•J , • •• � W �iu sr'a • _suao�a 3 b f LAAO M R K R Y r�s n :ff. WT (cx�sTYi) REANEY AVENUE SIVW4% eaTw ts�•s�r+s (Fx�stb� REV � o�•S p+oC�� t.ANr SITE PLAN 4 4 N Attachment 4 g y 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services including streets, police and fire protection, drainage structures, water and sewer systems, schools.and parks. L The use would not create excessive additional costs for public t facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. The setback would be the same as the existing building. 11. The existing landscaping would screen at least 80% of the addition from the adjacent homes. Approval is subject to the following conditions: 1. All construction shall follow the site plan that the City stamped September 9 19920 The Director of Community Development may approve minor changes. , 2. The ro osed construction must be substantially started within one p p year of Council approval or the permit shall become null and void. The Council may grant up to one one -year extension of the permit. 3. The landscaping along the west lot l i n e shall remain, on review in one year, the City Council may require a fence and /or additional screening subject to Community Design Review Board approval. 4. Trash container enclosures shall be provided around all trash containers and shall be 100% opaque. They shall be protected by concrete - filled steel posts, or the equivalent, anchored in the ground at the front corners of the structure. The enclosure shall have a gate that is 100% opaque. 5. The City Council shall review this permit in one year. Seconded by Mayor Bastian Ayes - all 5 F- G MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Conditional Use Permit Review LOCATION: 2696 Hazelwood Avenue DATE: October 4, 1993 INTRODUCTION Action by C ounc 4 11. Endorse Modif i e ReJec Date The conditional use permit for the planned unit development (PUD) at 2696 -2730 Hazelwood Avenue is due for review. This PUD is for a church, day care center and senior citizen housing project. BACKGROUND August 13, 1990: The City Council approved a change to the planned unit development at 2696 Hazelwood Avenue. The change was to convert the former Health Resources building to a church and day care center. August 12, 1991: The City Council reviewed the CUP and decided to review this permit again when the church had plans for their new sanctuary. October 12, 1992: The City Council approved a change to the conditional use permit for the PUD and approved the church construction plans. The change for the PUD was for a revised site plan including a new sanctuary. DISCUSSION The church and day care center have met all the conditions of their conditional use permit. The . Church is now building their sanctuary and making the other first phase improvements to their site. RECOMMENDATION Review this permit again in one year. go/b- 5:memo4l.mem (3) Attachments 1. Location Map 2. Property Line /Zoning Map 3. Master Site Plan • Attachmant 1 65 AYH/ T, a 69 A ........... V N / ... S .. O E T GH S .. CO RD " 0 " �R.o ...: O:N:..... ............... . � ................: ........................ 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VILLAGE OF MAPLEWOOD PONDING AREA 79 8.4' 5-9-- ( Doc. 181'13(03 1- 13 - OIL f .9.9 V f it . b 8 2767 4o9.2.1 2759 b 0 (20,904c) o 3 53 C 00S ► 2747 3 10JO re o0 .3 2730 (71 10% 0. 0. a- 2737 o f to 6 0 ........ 30 0 t o *90**0*00. 00*0 * oo 0 0 0 * 0 to too :%-:-:-X**o*oo*9 :oo*o9*.o:* 2731 ::009 too ........ fl- too .... , 4 X.: to ..... ... . 0 * * . 2727 0,0o. ......... *.V. 0 o to to 0 0 0. a • *% Woo to '4' to S 1 0 ... : ........ to oo,* 0000 X . ......... 0 too 5 to to : x 0 0 .. o .... t o f.. . 0 * 0 0. .*.*0*. too. 0 ................. 2 (05 AD 6 ........ 0 W to 0 1** 0 0 0 0.. 0 a 0.0 01, 0 0 too o.. to .0, 0 to .00 2707, (U *6 too, X X o . t ::::.::: • • • .:.:.* X & o :: :.Qk :x :::o: M 6 00. t Y. ............................... to 0 ........ to .% 0 180 -7 Xxxxxxx** . 0 0 . o 0 * ... XX F&. X X.: ............... .......... ........... .... to 0 0 0.... .... . . go.. 2673- ....... 0#0 ..... to ...... o1a • 400 too 2681 �R 6 2.680 .6 'ot"00 0, 67 8 cr 0 )10 K & COO 6 2672 V ( 115 Q (> 0 co 4 r 7.3 7 2669 N (q 2666 2.76 • %-. 0:10 1--.2661- 4 3 66 6T. 13 7 S foot 2645 , Cr (o} t co W . A rt 13 P-� (9) ISO 33%.26§1 5 1 .9 9 w2 11585- 1toJ ot CO. RD. C F 3 ✓• 5&&: - PROPERTY LINE / ZONING MAP R-1 = Sin Famil Residential C 3 Planned Unit Development R-2 = Double Dwellin F = Farm Residential EaChurch Pro Q 3 Attachment 3 s PROPOSED CURB CUT • / PROPOSED/ _s . . . . . . . . . . . . . . . . . ...... EXISTING :�. ^ UM CUT 1� 1 N �' :Y : � • 1 Y,bGOb� i_ . �ti • f • r � /BMA . ti 1. _ • �.:' • ;• _ .. . SXD PROPO r: - - : }.•f. . l7 ' :• ' •.ti -. •.tip :•:.'��1. • l: fY �f.'t ' 'Y:::: l • ...•ti.� ... . �L .Y f: • .: .. ° :t. • � . l: 4 •:' is :• 1. � YL yr - ._ti :•'• : t � �CQ�- • :7�: : � eA= S }�9;: 4? {': }�• }� •i`�'t �S �C�X'k�'!` ::ti ?: .� f' fY�4 • :• -• tiv' . ;•QL��° ., _ :• Y: " � .•:ti�°� '•'} •:�,�•:1� ���y ' �n • � }:�:: ' •:Y : l.: _ :•J.. . r• . ..; _ti. .1�i1♦:f�.� : li tf M 14• •ti t� � } - WN Ilium oil V. Ur�vwfw el I �, (• .. • ~. STk'•p•.iC• ''/•.•7i • .:'~} e -M. {.1� ".•�• �y,}S'h��•y�:�:���Q1QQyy����• ' '�•; • ' � • '' :mil Yf.1{1Q •606��:•:�?C •- • I •' %�`%G'W'.4�7860� EXISTIN .: �ti�,�{ 'K? : ~ • ti i ::.� ; •• h ti t -Col. �::f -f • 'ti's -. -:.. . Ir CURB CUT J {••• .f J': • �• •�, � 1Zi/ � �f: Kti �;�: :R 'N 1. �• �;•• ~1• . . �u~ 'l: �'. '`.1 S`• Y Y •�• . P • - PROPOSED CONSTRUCTION SITE PLAN 4 F do I INTRODUCTION The conditional use permit to add on to a fire station is due for review. The station is the East County Line Fire Station at 1177 North Century Avenue.. (See the maps on pages 2-4.) BACKGROUND October 13, 1986: The City Council approved a conditional use permit fora 6,000- square -foot addition to the East County Line Fire Station. The Council approved the permit subject to two conditions. (See the attached minutes on page 5.) October 26, 1987: The City Council approved aone -year time extension. October 10, 1988: The City Council approved a five -year time extension. December 10, 1990: The City Council approved a setback variance for the parking lot. This variance was so the neighbors at 2707 Geranium Avenue could buy the property from the fire department that their garage and fence were on. DISCUSSION The Fire Department is meeting all the permit conditions. We are not aware of any problems with this site. RECOMMENDATION Do not review this permit unless a problem develops. go:b- 5:memo99e.mem (25) Attachments: 1. Location Map 2. Properly Line /Zoning Map 3. Site Plan 4. 10 -13 -86 Council minutes MEMORANDUM Action by Ccciltj TO: City Manager Endorse FROM: Ken Roberts, Associate Planner Modifie SUBJECT: Conditional Use Permit Review Rejected LOCATION: 1177 North Century Avenue Dat e PROJECT: East County Line Fire Station r DATE: October 4, 1993 INTRODUCTION The conditional use permit to add on to a fire station is due for review. The station is the East County Line Fire Station at 1177 North Century Avenue.. (See the maps on pages 2-4.) BACKGROUND October 13, 1986: The City Council approved a conditional use permit fora 6,000- square -foot addition to the East County Line Fire Station. The Council approved the permit subject to two conditions. (See the attached minutes on page 5.) October 26, 1987: The City Council approved aone -year time extension. October 10, 1988: The City Council approved a five -year time extension. December 10, 1990: The City Council approved a setback variance for the parking lot. This variance was so the neighbors at 2707 Geranium Avenue could buy the property from the fire department that their garage and fence were on. DISCUSSION The Fire Department is meeting all the permit conditions. We are not aware of any problems with this site. RECOMMENDATION Do not review this permit unless a problem develops. go:b- 5:memo99e.mem (25) Attachments: 1. Location Map 2. Properly Line /Zoning Map 3. Site Plan 4. 10 -13 -86 Council minutes Attachment 1 . biEB R A A V (2) MYRTLE CT % r o ( 2) 4 ! ! f P� �i • BE L ANA Cr �. - - -- OAK HILL L Y G• i AffO Ent A� 1 MICKEY jLAI IVY ELKHEART LA 'Onm — - -_ 68 ei �3 I 1p HA THOR E ST 31 6 �, v n GERAN GERA#4 000 o J Beni MAGNOL AV O o swnlirw � W cc �. t t p � � � a z� ��p •. CASE AV w ESTER AV pipp UTI W B RA W ,y LA AV 32 32 l -J or Alop�w�ood . o Q' SE ENTH ST ECD CoMer E • E N . ,V BUSH AV i c MINNEHAHA a AV 5 34 0 t34 �.. MARGARET N L' ns ,. Pk E. FIFTH ST: � W 25% -� LOCATION MAP N 2 Attachment 2 f 1 f E. M A P LAND A V E' �'`' 4 ' (7) F o„ ( tie (9) y i - 1 • r-1 �� t o ' I ` y c G I = C3 �._. ..._..i _.._ N 3 p� 4 °� 5 6 �� °'� — 710 r �L) 2 11 N 0 2701 9 2 1 i t C ! 2674 268 2694 1 •� tail too Y I I { E. Ca M E F . E E T. 9 0 8 ��a -. - �,. �. - 117 c 7 an 2701 707 0 i n Lu , - .,� " _ 2691r -1 ..� o( '% �. 12683 -14 i- 13 100 ,..�- , 1 i . 1A ,¢ 7 - 1"00-43 ' � s rO � d% 9 17 O — iZ i �• o ' J► ��. c 1� 19V i 9 too 4 ° ` ` 20 �' • 2 14% 1 N A� ' C1 8 E.- �, ` Ay 0,10 14 (.52) S 'J d. 0 'C0 ���N '1ti ►2 o 2 5 3) . a� X 57. 5 * 1L4 All 1f t� 13 f" _ 92 2674 a � t �+•�v ° , po , o c� Ito ' c, o, ,• a 0 i s 2 °1 3 91 ` o 011. OFFICE o12 N ` 129.2 o \C5 uj (54) 3 9 rip �2 �C W O 2b r (` 0 r % .0 - T wo l PROPERTY LINE / ZONING MAP 4 N 3 Attachment 3 r� SITE PLAN Q N 4 Zo- I z or W Z v, r 0 's \ae W Til E CO. LINE - 5 W , FIRE STATION W W - �p O •. . . � u. ` off - • - 0 • • _. y .. N 43 o ?' •''� 65.0 ID ppp c Q V dolp a i � lK .. . �� - - 3 111 `' • 4 N 4 or • _ -- L - . 4 '-- to 1D — SITE PLAN Q N 4 Attachment 4 al Use Permit East Count Line Fire Station Waiver to 1. 7:00 P.M. Condition /P/A of Fees for-East cou Line Fire Department Buildin Project. a, Mayor Greavu convened the meetin . g for a public hearin re the g 40 re q uest of East County Line Fire Department for a Conditional Use Permit for a 6000 s foot addition. be Director of Communit Development Geoff Olson presented the Staff report, co Mayor Greavu called for persons who wished to be he • for or a the proposal* The followin expressed their opinions: Mike Stroein 561 Ferndale Avenue Resident at 2691 Geranium Geor Rossbach, 1406 E. Co. unty Road C Steve Thompson, Architect do Mayor Greavu closed the public hearin e, Mayor Greavu introduced the followin resolution and moved its adqption: 86 - 10 - 182 WHEREAS, the East Count Line Fire Department, Inc., initiated a conditional use permit to add onto the fire station • at the followin described propert The east 234 feet of Lots 10 and 11 and except the west 100 feet Of Lots 12 a n d 131 Block 6# Midvale Acres No. 2, Ramse Count This propert is also known as 1177 No Centur Avenue Maplewood WHEREAS O , the procedural histor • of this conditional use permit is as follow 1& This conditional use permit was initiated b the East Count Line Fire Department, Inc*, pursuant to the Maplewood Code of Ordinances, 2. This conditional use permit was reviewed b the Maplewood Plan4w nin Commission on September 15, 1986 The Plannin Commission recommended to the Cit Coun that ;aid permit be approved, 3. The Maplewood, Cit Council held a Public hearin on' October 13, 1986. Notice thereof was Published • and mailed pursuant to law- All persons present at said hearin were given an opportunit to be heard and present written statements* The Council also considered reports and recommendations of the Cit Staff and Plannin Commission, NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that ,the above-,described conditional use ' be approved on the basis of the followin findings-of-fact: 5 AD 01 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 detri- mental 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. S. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 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 proper- .. ties. y 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: I. Adherence to the site plan, dated August 7, 1986, unless a change is approved by the City's Community Design Review Board. 2. The station shall not be used as an assembly or reception facility unless adequate off- street parking is first pro- vided in accordance with City ordinance. Seconded by Councilmember Wasiluk. Ayes - all. f* Mayor Gre avu moved to waive the bu ildin Department fees for the East Count Line Fire Seconded by Councilmember Wasiluk. Ayes - all. F-8 MEMORANDUM TO: City Manager FROM: Thomas Ekstrand, Associate Planner SUBJECT: Conditional Use Permit Review LOCATION: East side of Highway 61, south of County Road D PROJECT: Carnival Play Systems DATE: October 4, 1993 INTRODUCTION Endorse Modifie Rejected ]dat A conditional use permit (CUP) to display and sell backyard play equipment is due for review. The site is east of Highway 61 and south of County Road D. BACKGROUND Past Action September 28, 1992: The City Council granted the CUP subject to the foll owing conditions: 1. All construction shall follow the site plan presented at the September 28, 1992 City Council meeting. (Refer to page S.) The Director of Community Development may approve minor changes. 2. The City Council shall review this permit in one year. 3. The operator shall have a telephone on the site for emergencies. 4. If there is not enough parking, the operator or property owner shall provide more paved parking spaces. 5. The operator shall not allow parking on Highway 61. 6. The operator shall keep the weeds and tall grass cut along the front property line. 7. The operator shall provide toilet facilities for employees during business hours. 8. The permit shall sunset in five years, unless the City Council extends the permit, .,Action by .Council Since public water is not available to the site, the Council approved a variance from the requirement for an in- ground lawn sprinkler. CUP Duration Section 36 -445 (a) states that the City Council shall review all CUPs within one year of the date of initial approval, unless such review is waived by a Council decision or ordinance. At the one -year review, the Council may specify an indefinite term or specific term not to exceed five years. DISCUSSION This project meets all of the permit conditions. RECOMMENDATION Review this permit again in four years when the permit sunsets. go \b- S:carnival.cup (3) Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 2 VADNAIS H EIGHTS • y COUNTY R D Q •• Attachment 1 G • • • E 4 h�DM a; • •• ° • �. W a 7 �•, • o � �h? ms's � BEAM ' • •'••• • • I • �• • .I'• ,.II �•ij•� '! I ': ••�• . - BEAM AVE. • • qb k oll Q •.. w @ 3: 50 Morwwm N .. Kohlmart Gervts .t � �U°lco� v 5 W LAhs KOHLMAN AVE. j I � Nla COUNTY ROAD C v CNt @ C LLE DR �_ P o z w DR ••••• ys s C�; W E Cr. ac CONNOR Cdr �.. _..1. Co NOR d AVE AW- v DEMONT AVE T �' DEIy10 r „ 't BROOKS AVE. BROOKS • � AVE. p AVE. 40 8ROtJ 5 CIT. SEX TANT z ••► 4 AVE. • • GERVAIS AVE. GERVAIS E� • v GRANDViEMF AVE .• PK a W •� • • VIKING DR. Y .ti • SHERREN AVE Kn Lake COPE AVE LARK CT . A Q ti LARK t I AKING DR. � KoIlw / • w ti`1 Lioko ° CO. RD. LAURIE RD. LAURIE 0. F •� V Z Perk z LELAND RD. AVE. AURIE CT. �i SAN URST t JUNCTION AVE. Z -@ CO. BURKE Cr. e ®2 BURME V o EKE AVE. ao BURKE AVE. c ® BURKE AV A (1) CHAMBERS 5T (1) • 0 ELDRIDGE AV ELDR IDLE AVE. 3 LA. d ft* n SELMONT cOURE BELMONT AVE. �c • I FR GOL SKILL ja AV E SKILL MAN HARM A _MAN AY. AVE. RIS LOCATION MAP Q N 3 It OF %J. Attachment 2 ,_ J T, • r co) . / p N • N ` 0 4p6 o° 100 COUNTY ROAD D fV t i ,- j v . } ` =' -'�`" �P'T i - TD'' Sit / _ i - l.'[ s 7 q. 30ac 4.17 &4. A ft) t • \5 .� 9 (Q � Aoe lob* 5 0so ? 3. 1 N R•L..S. ♦� _ _ .. .•._ Q 7a Dos $0 TOWGR ' r PP *oX.4 h►gh renS;an pov s'To 01L LI rbo - - - - - , - - -- - wu -- -- 174 .20 VENBERG TIRE 1b It'd .0g N o, . S UR V 0, !. 4 p I.-AN o Rip 3 Ss gE (p �•V$ _tS fT• l �6 F MT 1977 - f N 86'34'W. 14 4 3 09' PROPERTY LINE /ZONING MAP SITE 4 N 4 rgKf L74J S7•Dodo b0 C o'• -- - - - - - -. - -- - ( 10) - -- C 1 7SAAC. t s I SITE ;� 1 CO Z BACKYARD I I N 1 � -- J C • Z BUI S YSTEMS I •� • i 1 " 1 � f - M T � ! 09 / N 1 � m � �Li cj. I 1 rbo - - - - - , - - -- - wu -- -- 174 .20 VENBERG TIRE 1b It'd .0g N o, . S UR V 0, !. 4 p I.-AN o Rip 3 Ss gE (p �•V$ _tS fT• l �6 F MT 1977 - f N 86'34'W. 14 4 3 09' PROPERTY LINE /ZONING MAP SITE 4 N 4 rgKf ttachment 3 9 -z8 -9L /I've k7 - G -1 l otion � �c . Endorse Modified,......... TO: City Manager Re ect e FROM: Ken Roberts, Associate Planner Date SUBJECT: Street vacation LOCATION: Flandrau Street, north of County Road C DATE: October 1, 1993 INTRODUCTION The City staff is requesting that the City Council vacate the undeveloped Flandrau Street, north of County Road C. (See the maps on pages 3 and 4.) This vacation would eliminate an access to the property behind 1667 -1697 County Road C, which would help to limit building on this property. BACKGROUND September 27, 1993: The City Council tabled a request of Steve Lukin to build one house on the property behind 1667 -1697 County Road C. DISCUSSION The property owner at 1697 County Road C requested this vacation when we surveyed the neighbors about the Eakins' request. The only use for this right -of -way is for drainage and as a potential access for the Lukins' property. The City has no plans to build a street on this right -of -way. The Council should table this request until after they decide where to allow a driveway for the Lukins. The Lukins' request will be on later in this agenda. If the Council approves a drive for the on Kennard Street, they should vacate Flandrau Street. The City should keep a drainage easement over the whole right -of -way. RECOMMENDATION Table this vacation until the Council makes a decision on the location of the Lukins' driveway. If the Council does not approve a driveway on Kennard Street, they should take no action on this vacation. If the Council approves a driveway on Kennard Street, they should adopt the resolution on page 5. This resolution vacates Flandrau Street, north of County Road C. This vacation is subject to the City keeping a drainage easement over the entire right -of -way. The City should vacate this street because: 1. It is in the public interest. 2. The City has no plans to build a street on this right -of -way. 3. The adjacent properties have street access. 4. The City has a policy of vacating unneeded rights -of -way. REFERENCE Surrounding Land Uses North: Undeveloped property that the City has planned for open space and that the City has zoned F (farm residential) East: A house at 1697 County Road C South: County Road C West: A house at 1681 County Road C State Law State Law says the City may vacate a street if it appears in the interest of the public to do so. go/b- 5:memo85finem (3) Attachments: 1. Location Map 2. Property Line Map 3. Street Vacation Resolution 2 ATTACHMENT 1 � cotxvn •:. E COURT KOHIMAN AVE K AVE LA Put ROAD C v > C .• r v Z � , CT, � cc RD. '0 v OElAONT � AVE � , •� I '? GERrAIs AVE. " AVE. tiBROOKS • AVE � E- �QY� , ». S C TA HT AVE. o roe# c nrwts CEa FAM CERVAIs AVE. CRANOVEW AVE. U5 .. • �. V OR CAME A SHDt" AVE. A . AVE, tg COPE AVE. • . •r. • _. r �� )A .nom ' as � _ ~ LOCATION MAP 3 4 N. :lGh7S 000 ... . 10l . M .. .. . • ..� • .. • • . • �1 . , •� •. � •...�y w• �•. ' .� . . • . • ' T ;. t .�1• .I1� �.' • • V .. cout R OAD �• O V/ 19 LY�IA 3 mom oe 4 '� p 9 efJ�+l AVE BEAM �L7 19 Y V P"TZ < f.:• _ a qb � cotxvn •:. E COURT KOHIMAN AVE K AVE LA Put ROAD C v > C .• r v Z � , CT, � cc RD. '0 v OElAONT � AVE � , •� I '? GERrAIs AVE. " AVE. tiBROOKS • AVE � E- �QY� , ». S C TA HT AVE. o roe# c nrwts CEa FAM CERVAIs AVE. CRANOVEW AVE. U5 .. • �. V OR CAME A SHDt" AVE. A . AVE, tg COPE AVE. • . •r. • _. r �� )A .nom ' as � _ ~ LOCATION MAP 3 4 N. ATTACHMENT 2 PROPERTY LINE / ZONING MAP PROPOSED STREET VACATIO14 4 4 ATTACHMENT 3 VACATION RESOLUTION WHEREAS, the Director of Community Development requested that the City Council vacate Flandrau Street, from the north line of County Road C to a point 145 feet north of County Road C. WHEREAS, the history of this vacation is as follows: 1. A majority of the property owners abutting this street are in favor of this vacation; 2. The Planning Commission discussed this vacation on September 20, 1993. They recommended that the City Council approve this vacation. 3. The City Council held a public hearing on October 11, 1993. The City staff published a notice 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 vacation is approved, public interest in the property will accrue to the following abutting properties: 1. 1697 County Road C, legally described as: IN SECTION 3 TOWNSHIP 29, RANGE 22, THE EAST 152 FEET OF THE WEST 525 FEET OF THE SOUTH 178 FEET OF THE SE 1/4 OF SE 1/4 (SUBJECT TO ROADS), IN SECTION 3 TOWNSHIP 29, RANGE 22 2. 1681 County Road C, legally described as: IN SECTION 3, TOWNSHIP 29, RANGE 22, THE EAST 100 FEET OF THE WEST 338 FEET OF THE SOUTH 178 FEET OF SE 1/4 OF SE 1/4 (SUBJECT TO ROADS) IN SECTION 3, TOWNSHIP 29, RANGE 22 NOW THEREFORE, BE IT RESOLVED that the City Council vacate the above - described right -of -way for the following reasons: 1. It is in the public interest. 2. The City has no plans to build a street on this right -of -way. 3. The adjacent properties have street access. 4. The City has a policy of vacating unneeded rights -of -way. 5 This vacation is subject to ret00g a drainage easement over the entire right -of -way. Adopted on 1993. Planning Commission - 2- Minutes of 9 -20 -93 V. NEW BUSINESS A. Conditional Use Permit: 2610 Highway 61 (Mitsubishi) (Section 9) Ken Roberts, Associate P. er, presented the staff report. Rick Kline was present representing the applicant d answered questions from the Commission. There were no comments from the publi Commissioner. Martin moved th Planning Commissio recommend approval of the resolution which approves a con 'clonal use permit o expand a .maintenance garage at 2610 Highway 61. This permit based on the dings required by ordinance and is subject to the following conditio 1. All construction shall follow the 'te plan" that the City stamped August 4, 1993. The Director of Community Devel r;Wni may approve minor changes. 2. The proposed construction must Council approval or the permit year extension of the permit. I bstantially started within one year of did. The Council may grant up to one one- 3. The City Council shall revie* this permit `fin one year. Commissioner Pearson Commissioner Rossbach r erred to the commerci ;o� \acph rry study which is under consideration by the PI g Commission. Mr. Rsaid he is opposed to commercial property n to residential property a suitable buffer zone. He feels that this propos will bring more traffic onto y Road C affecting the area to the east which is esidential. The Commission oted as follows: Ayes-- Allenspach, Anitz�erger, Axdahl, Fischer, Kittridge, Martin, Pearson, Sigmundik Nays -- Rossbach The moti on passed. B. Kennard Street, North of County Road C (Eakins): Construction Agreement, Street Vacation— Flandrau Street (Section 3) Commissioner Sigmundik removed himself from participation on the Planning Commission for this item. Planning Commission 4o of 9 -20 -93 Ken Robert, Associate Planner. ' staff presented the report and answered questions from the Commission. The Conunission 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,,000 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 properly. 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 Eakins 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 Lakin 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: 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 -way or any delay in emergency vehicles finding the house. 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 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 July 14, 1993, The Director of Community Development may approve minor changes. Planning Commission -5- 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. 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. 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. VI. VISITOR PRIES TATIONS There were 0 ' it presentations. PUBLIC HEARING NOTICE The Maplewood City Council invites you to a public hearing. This hearing concerns the City's proposal to vacate Flandrau Street, north of County Road C. The vacation is subject to retaining a drainage easement over the entire right -of -way. The Council will hold this hearing on Monday, October 11, 1993 at 7:00 p.m. in the City Hall Council Chambers (1830 East County Road B). Call Geoff Olson at 770 -4562 for more information. Sign language interpreters are available. You must request this service at least 96 hours in advance. Call 770 -4524 to make arrangements. PUBLISH: September 29, 1993. x =W / MEMORANDUM .Action by Council'i Endorse TO: City Manager Modifie FROM: Director of Community Development Rejecte SUBJECT: Maplewood Assisted Care Living Facility Date DATE: October 1, 1993 On September 27, 1993, the City Council tabled this project until October 11. The Council asked the Volunteers of America (VOA) if they would buy the entire City property at the corner of Van Dyke Street and Cope Avenue and the adjacent property to the east. Since the Council meeting, the VOA Board voted to abandon this project because of increasing costs. As a result, the VOA has withdrawn all of their applications. Therefore, the Council should take not action on the requests. I asked the VOA representative to attend the Council meeting in case there are questions. go/b- S:VOA.mem (11) Attachment: October 1 Staff Report MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Maplewood Assisted Care Living Facility LOCATION: White Bear and Cope Avenues DATE: October 1, 1993 iNrROnucnoN 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 on page 21.) 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 comer of Cope Avenue and Van Dyke Street to VOA. (See the map on page 22.) The VOA wants to buy the north 20 feet of the City's lot to the south and an adjacent thirty feet of the vacated Cope Avenue for a total of 50 feet. S. 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 Code requires that VOA provide 132 parking spaces —two for each living unit. Sixty -six of these spaces must be in garages. VOA is proposing 44 open parking spaces and no garages. 7. Plans for a new assisted care living building, a dining room addition to the existing building and changes to the Maplewood Care Center site. 8. Approve up to $12 million in tom- exempt housing revenue bonds. Project Description VOA Care Centers of Minnesota (VOA) is proposing to build a 66 -unit assisted care living facility. This facility would be on a 3.1 -acre site that is north of the Cope Avenue 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 facility would pr ovide m 0 n 0 m al p aid for daily g livin 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 proposed 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. 5. 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 im J provements 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. Give 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 `Tan 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 sweet 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 the lot to VOA. (See their minutes on page 49.) Having VOA buy this site would be consistent with some of the neighbors' requests for open space at this corner. An appraiser estimated the value of a 50- 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 projects on page 14.) The new VOA building 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. Site Design Trail VOA is proposing awood -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 trail with asphalt for durability, better appearance, easier maintenance (snow plowing and sweeping) and greater use (bicycles, pedestrians, wheel chairs, etc). Trees/LandscaPiug 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 Design 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. Parking 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 Centex (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 kee in 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. A pp rove 92 fewer spaces than Code requires and no garages, si F. nce: parking g p 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 g s handicap-parking � arkin i for each handicap - parking space. Handicap - parking stalls and signs must follow ADA requirements. 0 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 r 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 rnirrr� 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 45. 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 surroundin g 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 green space 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 gp er se - a amst senior housing against being squeezed out and a lower value of g g home - we have realtors roof ! The frontage road - cannot hold more traffic - or p 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 oin soon! Why not have them take the three of us - and put in a g g courtyard and - and underground tunnel to connect them ?? makes more sense! We will gr 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) S. 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 mmu um 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 Center. 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 $5,300,000 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 study 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 ahome -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 space including a dining room, laundry, living rooms, library and a television lounge. The developer is proposing rents of $1,400 per month for an alcove (studio) unit to $1,800 per month for atwo- 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 this 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, it is 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 150 Tax- exempt Financing Resolution 16. Housing Program 17. Density Variance Resolution 18. Parks Commission Minutes 19. Site Plan, Building Elevations and landscaping Plan (Separate Attachment) 17 Attachment 1 D d Maricta„ P V � O Lti • 'w 0 0 ,` z e a EDGEHIL L RD. .. • DES AVE, ' )KS AVE BROOKS . Q EL Ey . AVE. � • ;EX FA z �, A •• r VE. w . •: vs cERVAS GERVAIS AVE. % ar - IEw AVE, D& X • �- AWL Ca AVE. COP VE q t LARK < AVE. -� • fir, a LAURIE •. ~ RD. ?. z o LAURIE Z RD. �T AVE CO. RD. B ' > � i 700 0 L BURKE/AVE . 0 0 3: :•• _ P** 64 ti now �0► �o�t , HARRIS AVE. — !•.. • ROSEW000 AVE. N. ., `• ROS D N BEY COUNTY . . AV. �Q� AVE. S. / • - f NORTH S AVE. 0 A • •+ •• •� ♦. • • • ♦ • • •• • • GOLF �� HOLL OWAY Q cO LMSE • I i O SU MMSt AVE. AMW I 0 ^ > 1 4� LOCATION MAP 4 N 18 RADATZ AVE. o� :. • :� t.� .+ . •. •. •. ti •.... . • t• RAMSEY . NORTH S4 lNT COUNTY . � • &16 COURT • o A VE. Lo � v 39- .. �• • Lti • 'w 0 0 ,` z e a EDGEHIL L RD. .. • DES AVE, ' )KS AVE BROOKS . Q EL Ey . AVE. � • ;EX FA z �, A •• r VE. w . •: vs cERVAS GERVAIS AVE. % ar - IEw AVE, D& X • �- AWL Ca AVE. COP VE q t LARK < AVE. -� • fir, a LAURIE •. ~ RD. ?. z o LAURIE Z RD. �T AVE CO. RD. B ' > � i 700 0 L BURKE/AVE . 0 0 3: :•• _ P** 64 ti now �0► �o�t , HARRIS AVE. — !•.. • ROSEW000 AVE. N. ., `• ROS D N BEY COUNTY . . AV. �Q� AVE. S. / • - f NORTH S AVE. 0 A • •+ •• •� ♦. • • • ♦ • • •• • • GOLF �� HOLL OWAY Q cO LMSE • I i O SU MMSt AVE. AMW I 0 ^ > 1 4� LOCATION MAP 4 N 18 S r � 4w : �t • M Apo lull- • , + . O •P1 tit • j \��■ •� if Lo J t In •x•11 f =1 • M ..: 4W AD- 4W ..... ' e =L% M Muc we e t - , limit 1111111113 /ones m ania Iow- INNIS �... maw a ® e • ate_ � _ � _ fLL • a� � .. _• a � � r • Attachment 3 • ( N 050 3 BA LI -HAI ■ ■ ■ ■ ■ ■ ■ ■ 1110101s". — j 3 L r o '1 L 2272 � I I LJ -� I1 03 1 `� 2272 2271 11940 • U 2264 _ _ _ _ _ _ — os Ig4reoo t z w ;� �.., ��. 2263 J' o 22.60 (25) 2261 W a ao Y. 33)o C` s) p Z 3 2 p I �- t W C* � o �.� �---, . -2262 C zb 2256 2259. 22`55 0 4 0 :lk DAYCARE CENTER 4 �a cc re 2256 ���`;', z .... �. (, v 3 N o L ARK ' _ w 2250 2249 • •, . Vona ' 2242 � •� �(� 1 b �a 1 224 w °-° • - - ° z o r o 1 v e► 0 5 . 41ac. • . .42 O. r M R1 = SINGLE DWELLINGS R3 = MULTIPLE DWELLINGS NC = NEIGHBORHOOD COMMERCIAL LBC = LIMITED BUSINESS COMMERCIAL PROPERTY LINE / ZONING MAP - (EXISTING) PROPOSED ZONING MAP CHANGE (R7 TO R3) 20 , o � • 13 (3) co ISO ` C � 9 � 14 (4) 10 � L BC WE. Its 6 ♦ � FOREST PRODUCTS ° O 1933 1941 - - - b-*8=' HIGHWAY �- - - - - -� �- � I NG ■ 43 23Z -K t5 t W H • T. 430L322 15 • • � C 8 J' � ' Ito / o Q" 1I M 19 I 2 25 27282 ♦ 5 6 7 8 9 1 ' A. � � 2 4 *' � 4� ,. t14 •40 o F" 192 4 t �l ♦ �. .? CO • ^ • .• W 3 VAGA T e. r , 32 52 1 6 1 N Attachment. a � • (4) 13 (3) ♦ • D uo t_ — S ♦ 10 9 fob 14 Z %0 fo • 'V FOREST PRODUCTS O� Fa J LBC IL, .�Pvy �� 1 t 1925 1933 1941 so o v� HIGHWAY 36 r ■ ! I N G ♦��� ����� ..430232 • � � � �-- EMT . ♦ / �' � 1St We � . 7 4� GL Y S 32 Ts _ = r - - - - D 8 . 41 "1 t0 � � ♦ / p � � !1 �l7 19 1 25 2 � a 2 2 W , ` 5 6 7 8 9! QO 1 • 1922 0 - ) �• 4# � a z n W 3 VAGA T �- 32 • _ _ , O w �oe 65) PROPOSED ALLEY VACATION 6� 5 4 3 2 1 1 1! V 1 1 11 10 9 7 4 3 9? w. _ , 3 L7 t - -- �M��• ;; •• •iii NyJ ~i•.� jj •• N i•�• , �:. _• ^ t �►T E D 3 ,- - - - - -- r- -�- r r 1937 25 7 20 21 '� r .._ . 1 1 � �� BALI -HAI 9 7 �.. ,' Ia _ f 9 1 16 17 19 27 28 2 17 23 24 00 z t i � i 6 X o ,• I t .� .� 1 0 �.0� .. 1 lie • w y N • iii • ••• �•�••:'iii •~; •�••�';;:::••:.i•�i•Ni h••N K i� ��h. ����� •S; ••�:: •• .••�:•w;•:;:::: ��•��.•� • .. •�•••.•••�.•�w•N••N.•.... • �•• •• ff__ t �.. N w ••. ••h.hw N• N�.i••i••h•w•hy•h- �..•, . • ••t h��•i ••.•s iJN•. hi•h.•w ~�' "" i• COPE AVENUE • ;.5.=': :l•�::i.'t�• • '"::i`�%i 7=;: ;s..S:••::�:JJ::;:l �:! w w •i w ..w. •. , 1 •• 7. 5 147.395 o (,�0 30 - � -- - •• 17I,o N 2271 2.272 . ► t CZ3) , 3 ` o p � J 5} I 1 1 ED STREET VACATION 1 0 3 3 �, 2272 2271 W 1 PROPOS _ _ 11940 IF I't _ V W r" 2 2 6 4, (1 �� �""� Q -. — — — — — — Ooh Ig4�800 _ _ w 2263 . e (4 � o �5� 2261 W a, �° 33 o 2 •� _ — —v .. -- W .2262 ) �b 2256 2255. 4 ) 2255 H- Q a o , =! DAYCARE CENTER Y r 4 225 a - p LARK " w 2250 2249 • N 4v _ • cc 2242 i, x"( i !i _ ? oto 2241 5 11 1 ,d �� = NEIGHBORHOOD COMMERCIAL PROPERTY LINE /ZONING MAP (PROPOSED) N 21 .LINES R3 = MULTIPLE DWELLINGS NC LBC = LIMITED BUSINESS COMMERCIAL Attachment 5 130 .�, 41 -- -- -- G ER VA t 22(.. 5 i �� +�o�� I I 1� i p �3 7, 0 e-04r+- ISO 100 (5) 100 �1 2.774w.. 0 0 13 i� a 2 �z) (4) a Ct: tA X13) ,4 rd 14 (-4) 0 10 So (7) IZ5 + 3 tv. 1-'*; (5) 15 rl * %k z 5 0 V6 o )16 0 16 ot i 4 k0:110 V K NG HIGHWAY 36 *14WYESM'r TS."43023Z-W. • HWY E6MT To H 0 T S. 43OL32. 4 L - t- - - - - - - - - - q- 7 08 S a)i T So l vl w 2 7 18 19 28 2 2 24 2! lir 2 vrr .1 lcir At kr L' fn / (+ CC) 17 PROPOSED ALLEY VACATION o t4 to 11E ��� o ` - . o� 03 -` - - - -- • .3 Jp Jop Z �a 40 do Alp V) s Jew (2 7 Cl GA W tv, . N /f 71r- Ir �� pol 0 0 * 0 -7 x7,o �o A f A . 9271937 I %oww IMP% IV um I'm %j Kw- C-A W1 40 30 J6 WIN 7 2 2 2 7 1 ui w V 2 2 7 'Art PROPERTY LINE MAP by tih STAFF PROPOSED VACATION FOR COPE AVENUE if 2! - Attachment 6 wpjw .lost .a cal" ttOMM s tawaes a. r ••�..� ml s tlal loam* w �++•e sw< >, rem" owdow all x +Armes rX w f >K� � s U"a mum" W- ra mss" wo t arr is ow • wm a s a& - am vjw tti It am 4Awc arw orwas awe ru a otwo a s Air s Mwl Y ftws is A• som rt► t t zoom Ai l71di i r< aa�rdl _ sl � aal r,irs !anal nol /cools Ono" r"Iws./ sr amowom A #-.r w ltd ow tm AL It =~a &W l - :'M fi IA[ s Olga = it Am -" Y wcas s wu sw "Ma u/ .R {iMi_= asa R11A . own T► _ ' qM =WWM -1 Cw ft rldowo 4*w4ow WI OL t or wow Isrsllsz • aoc.r - in u our wiot ON •.a tunes s Cohn = • �ww No • E SFI sal •r R Ij AVENU&, a Gaels •e.• �, - 10 ru slat tArr.ar.t =w "ri ' - _ - Sir ` `:' \ ���:• \ . •.ar eu lac to .rn *• sr s nl a" ++ welt „ � 1 T oset c+as st► +.aln wpwe. SWIM ff- a. 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SNI AN out osas wolm � � I ;� • a tAel AI. t !Old W4 ff a sw or m 44 ll rates ` ca alraw w t war what s r - ft a +al aR 400 VIP Syr s ! / ► 1 f • 1 I ' I •• \ \ IL . r =2 v Ir cwt is t I.Itlla .�s s ss• n • wto eue ula 1 1 AK av tno t. t sl»ras N tx or sr s rues so stl arc Gloat (/) .etta ros i o U It rr &AIM - UN T al�rlt tltto 74a.,% S VT / \ 1 ♦ \� " r atrat� rsts alal r t r a�a� s � s` ar *l► UZO w tot � Il oll 10 JUG . h• �� , / 1 / � / 1 awl � , 1� • t j� / .. �..�..- w �� i. • R r X I sit y VACATED COPE AVENUE ITE PLAN O1 .. FN o -colt cow. --- - - - - -- -mom WI �WI SITE MAP N 23 k-- 1�-sar t - - - - --• FAY Lantz- 6oggio Architects. E.C. _ MAM WOM AI *00TA Arcwwft Nre1Rt Caltliallts i W VOLUNTEERS OF AMERICA S nTf Pwkway. 4ile SM. fn*wlwut f iiraIN, finm SITE MAP N 23 k-- 1�-sar t - - - - --• Attachment 7 .tea .M r err %PM~ S FAWN" r•� am. uw Aim r ��r OMM opr 1r w�wmrWAMI0rw AM M M 1*r�. fr 11.x/ alemboffine *saw Meow mom saw r.1f�aMr. AMOMAr ..r CAP— wpm 9=00 a r an • r Mdr/ • • OM MM Ills 6 � b i MAW awftdw w•rrt, �1t.�11rr�Y�.1ir•�•�� M�Iw M M1Mw w rdoor MO rr rii rM r %loopa MWrrGMUdMI O Y00 GOMMM��bft" oft amft* • W yy r 'y111 lMftd r r" Mr. 1rr M 1 !r r• �. � •.r.r rar.ri L..a�rNd 1�M•brbrr�. somolmd M� Won 4� %dam pwoor b pw of o ftb-r � rr�rr.���w�i�t��•id WERREN AVENUE MAP t LANDSQk% PLAN w � or down rA1~ dr so 1 • • � � � • of w=rnr 1 rMUw aft. ft y a 6 97 =oft 4�w �r �M I I t MAPt� M ASZM CARE WK FAaM — g io Architects: P.C. i f F WA MOM h*#*S RA i 3 W VOLUNTEERS OF AMEPUCA =0 DW rrk kft $a A40 an catorub SM PROPOSED LANDSCAPE PLAN Attachment 8 rd TRUNK P �Q. t� ' f lop "ft 00 FU �— N RE .0 W. ago . �- •- • 400:0"�� dodo PROPOSED CITY OF MAPLE'WODD R.O.W. STORM SEW. ESM�T. - cn LARK AVE. I� III II II �i � I I LAURIE RD. QII NII -N- 200 � 2 400 SCALE I ° = 200 1985 FEASIBILITY STUDY 25 HIGHWAY S y s or o s •�� COV VOLUNTEERS OF AMERICA HEALTH SERVICES 7530 Market Place Drive 0 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 Attachm e G k , fib C� VOLUNTEE O F AMERICA HEALTH SERVICES 7530 Market Place Drive 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 kG Dear Geoff: . I appreciate the effort and good communication you and your staff have provided with regard to the approval of Volunteers of America's proposed "Assisted Living Facili p g y in Maplewood. We are applying for a variance relative to density, as shown in your zoning standards. I refer to Table 5 "Estimated Persons per Dwelling Unit and Planned Maximum Density of Dwelling Units ". Per your explanation, the project would potentially be categorized as senior apartments, therefor the people limit would be for alcove 1.0, one- bedroom 1.1 and two - Bedroom. 2.0. With the existing acreage in the site (3.1) the approximate people on the site could be 71. With our present mix of units, we have 10 Studios, 50 one - bedrooms, and 6 two - bedrooms or by your count 77 people on the site. We ask for consideration of variance to allow 77 people on the site. Our reasoning follows Your zoning standards and Table 5 does not address Assisted Living Facilities specifically. We submit to you that Assisted Living Residents profiles are different than Independent Living Senior Residents (Apartments). 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 p roblem Living alone * It is our experience that the one- bedroom units only ave one occupant, pant, therefore the constant should be 1.0 for Assisted Living for one - bedrooms. g . * It is our experience that the two - bedroom units average 25 - 30 o g % double occupancy, therefore the constant should be 1.3 for Assisted Livin g Facilities for two- bedrooms. * There is a hardship created by the 1.1 constant being applied at this site g pp 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 f Maplewood with regard Y p ga d to traffic, services, precedent, or other factors. The project has minimal . . p J 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 t er 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 Livin g, is not addressed specifically by the Ordinance and; One- bedroom units in an Assisted Living Facility have only g Y y one occupant in actual use. 28 Attachment 10, #3 Mr. Geoff Olson August 11, 1.993 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 ,y Andersen 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 Cage Center Our File No. 1450 -1 Dear Mr. Roberts, Please be advised that I have been retained to represent Jerome and Maureen Dal 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 response of my clients to the neighborhood 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 -way for undeveloped Cope Avenue between Van Dyke and Hazel Streets, would result in my clients' parcel of real estate being land locked. This interference with my clients' property right, the right of access, would result, in effect, in this property being taken by the City. 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 tacking. 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 Page 2 If the city has any proposals that they 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. sincerely, R1 TIER & FEN5KE , L.TD ,. Jeffrey J. Fenske JJF:lh cc. Jerome and Maureen. Dal nes 31 ALLEY VACATION RESOLUTION WHEREAS, the Volunteers of America (VOA) is requesting that the City vacate the following described alley: All the alley between Lots 1 -12 and Lots 18 -27 in Block 9, Dearborn Park between the vacated Hazel Street and the east line of the right -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 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 notice 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 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 following 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 the south 10 feet of the east 30 feet. Adopted on 9 1993. 32 STREET VACATION RESOLUTION WHEREAS, the Volunteers of America is requesting that the City vacate the foll owing 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 150 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 notice 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 Plarming Conunission. 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 utility easement over the right -of -way. Adopted on , 19930 34 RESOLUTION: ZONING MAP CHANGE WHEREAS, the Volunteers of America (VOA) applied for a change in the zoning map from R -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: Lots 1 -27, Block 9, Dearborn Park (including streets and alleys accruing thereto). 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 public hearing on September 27, 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 and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 40 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. S. The proposed change would be consistent with the existing land use plan designation for this property. Adopted on , 19930 35 ATTACHMENT 15 Extract of Minutes of a Meeting of the City Council of the City of Maplewood, Minnesota Pursuant to the call and notice thereat, a regular meeting of the City Council of the City of Maplewood, Minnesota, was duly held at the City Hall in said City on Monday, the 27th day of September, 1993, at 7 :00 P.M. The following members were present: and the following were absent: Member introduced the following resolution in writing and moved its adoption: RESOLUTION AUTHORIZING A DEVELOPMENT UNDER MINNESOTA STATUTES,,CHAPTER 462C, THE ISSUANCE OF HEALTH CARE FACILITY REVENUE BONDS TO FINANCE THE DEVELOPMENT, AND THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION WITH THE VOA CARE CENTERS, MINNESOTA PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member and, after dispensation by unanimous consent of the reading of the resolution in full, after full discussion of the resolution, 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. 2"922 It 36 RESOLUTION AUTHORIZING A DEVELOPMENT UNDER MINNESOTA STATUTES, CHAPTER 462C, THE ISSUANCE OF HEALTH CARE FACILITY REVENUE BONDS TO FINANCE THE DEVELOPMENT, AND THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION WITH THE VOA CARE CENTERS, MINNESOTA PROJECT WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City "), proposes to issue up to $6,000,000 revenue bonds for VOA Care Centers, Minnesota Project and sufficient details of the revenue bonds and other aspects of the financing have been agreed to that this final bond resolution should be adopted on this date: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. Proposal -The council has received a proposal from VOA Care Centers, Minnesota (.the "Company "), that the City undertake to partially finance a certain Project as herein described pursuant to Minnesota Statutes, Chapter 462C, which governs municipal housing programs (the "Act ") , through issuance by the City of its Health Care Facility Revenue Bonds, Series 1993 (VOA Care Centers, Minnesota Project) in an amount not to exceed $6,000,000 .(the "Bonds "), and in accordance with a Bond Purchase Agreement (the "Purchase Agreement ") from Dougherty, Dawkins, Strand & Bigelow Incorporated (the "Purchaser "), and confirmed and accepted by the City, Company and the Volunteers of America Care Facilities and Volunteers of America Health Sciences (collectively, the "Guarantors "), 2. Project The Company desires to construct 66 new multifamily rental housing units for occupancy primarily by the elderly, connected by a link to the existing nursing home, located at 1900 Sherren Avenue in the City (the "Project ") . The Project as described above will further the policies and purposes of the Act. 3. Structure It is proposed that, pursuant to a Loan Agreement dated as of October 1, 1993, by and between the City as lender and the Company as borrower (the "Loan Agreement ") , the City loan the proceeds of the Bonds to the Company to partially finance the cost of the Project. The Basic Payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the City assign its rights to the basic payments and certain other rights under the Loan Agreement to First Trust National Association, in St. Paul, Minnesota (the "Trustee "J, as security 2 "922 37 for payment of the Bonds under an Indenture of Trust dated as of October 1, 1993 (the "Indenture" ) , and that the Company ant a a e and security Y g .mortgage rity interest in the Project to the City pursuant to a Mortgage and Security Agreement dated as of October 1 1993 (the "Mortgage"),, and, to further secure the payment of the Bonds and the interest thereon, enter into an Assignment of Leases and Rents dated as of October 1, 1993 (the "Assignment of Leases and Rents "). The Guarantors will enter into Guaranty Agreements dated as of October 1, 1993 (collectively the "Guaranty "), in favor of the Trustee with respect to the Company's p pang s obligations under the Loan Agreement. The Purchaser proposes to buy the Bonds pursuant to the Purchase Agreement and to offer the Bonds for sale to the public pursuant to an Official Statement to be dated on or about the date of the delivery of and payment for the Bonds (the "O f f i c is 1 Statement ") . 4. Forms of Documents Submitted Pursuant to the preliminary approval of the Council, forms of the following documents have been submitted to the Council for approval: (a) The Loan Agreement; (b) The Indenture; (c) The Mortgage (not to be executed by the City); (d) The Assignment of Leases and Rents (not to be executed by the City); (e) The Guaranty (not to be executed by the City); (f) The Purchase Agreement; and (g) The Preliminary Official Statement, as the operative draft on the date hereof of the Official Statement (not to be executed by the City). 5. Findings It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement and Indenture constitutes a multifamily housing development authorized by, and furthers the purposes of the Act; (b) the findings and conclusions made by the City in connection with the adoption of the City's housing program for the Project under the Act are hereby reaffirmed; (c) the purpose of the Project is, and the effect thereof will be, to promote the public welfare by the construction and equipping of a facility for use as a multifamily 246922 8 3 housing development designed primarily for occupancy by elderly and handicapped persons, combined with a health care facility; (d) the Project is to be located within the City limits, at a site which is easily accessible to employment opportunities, health facilities and other amenities within the City and the surrounding communities; (e) the Act authorizes the construction and installation of the Project, the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, Purchase Agreement and Indenture, the performance of all covenants and agreements of the City contained in the Loan Agreement, Purchase Agreement and Indenture, and the performance of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, Purchase Agreement, Indenture and Bonds valid and binding obligations of ' the City in. accordance with their terms; (f) it is desirable that the Company be authorized, subject to the terms and conditions set forth in the Loan Agreement, which terms and conditions the City determines to be necessary, desirable and proper, to complete the construction and installation of the Project by such means as shall be available to the Company and in the manner determined by the Company, and with or without advertisement for bids as required for the acquisition and installation of municipal facilities; (g) it is desirable that the Bonds be issued by the City upon the terms sat forth in the Indenture; (h) the Basic Payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, Mortgage and Indenture also provide that the is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance. against all liability or injury Y 7 Y`Y to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to p the Project Premises and payable during the term of the Mortgage, Loan Agreement and Indenture; and (i) under the provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxin g powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except 246922 39 the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds do not constitute or give rise to a pecuniary liability or moral obligation of the.City, the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and the Bonds shall not constitute.a debt of the City within the meaning of any constitutional or statutory limitation. 60 Approval of Forms; Execution Subject to the approval of the City Attorney and the provisions of Section 10, the Loan Agreement, Purchase Agreement and Indenture and exhibits thereto and all other documents listed in paragraph 4 hereof are approved substantially in the forms submitted (except as otherwise provided for the Official Statement in paragraph 7 hereof. The Loan Agreement and Indenture, in substantially the fora submitted, are directed to be executed in the name and on behalf of the City by the Mayor and City Clerk. Any other City documents uments and certificates necessary to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided i p herein and n the Loan Agreement and Indenture. 7. Official Statement. The City has been presented with a draft of the Official Statement (in the form of the Preliminary Official Statement), which is to be completed and dated on or about the date of the delivery of and payment for the Bonds. The City hereby consents to the presentation of information relating to the City in the Official Statement under the caption "The Issuer ". The City hereby finds that the information in the section of the Official Statement captioned "The Issuer" does not contain any untrue statement of a material fact or omit to state any fact which'is necessary to make the statements made therein not misleading, and hereby approves in substantially the form submitted "to. the City Council at this meeting such information for inclusion in the Official Statement; and the City hereby ratifies, confirms and consents to the use of said section in the Official Statement in connection with the sale,of the Bonds. The City has not prepared nor made any independent investigation of the information contained in the Official Statement other than the section therein captioned "The Issuer", and the City takes no responsibility for such information. Subject to the statements above in this ara ra h the p g p City approves the form of the Official Statement and authorizes its use in connection with the sale of the Bonds by the Purchaser. 246922 40 8* Issuance; Acceptance of Offer Subject to Section 11, the City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in* the Indenture. The Bonds shall bear interest at the rate or rates established b the M or Y and agreed'to by the Purchaser and Company, but in no event shall the interest rate or rates be fixed at rates which would cause the net interest cost of the Bonds to exceed nine p ercent ( 9%) . p The rate or rates so established shall be set forth in the Indenture prior to its execution. The offer of the Purchaser to purchase the Bonds for at a price not less than 98% of the face amount of the Bonds plus accrued interest to the date of delivery at the interest rate or rates to be so established is hereby accepted, and the Mayor and City Clerk are hereby authorized and directed to execute the Purchase Agreement when the principal amount and the rate or rates have been so established. The Mayor and City Clerk are hereby authorized and directed to re are and P p execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for auChentication and delivery to the Purchaser. 9. Records and Certificates The Mayor and City Clerk and other officers of the City are authorized and directed to prepare and furnish to the Purchaser certified copies of all proceedings and records Of the City relating to the Bonds and such other affidavits and certificates as may required ired to show � the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody nd control or as o • otherwise known to them; and all such certified copies, certificates and an affidavits, including heretofore Y furnished,* shall constitute representations of the City as to the truth of all statements contained therein. 10* Changes in Forms Approved; Absent and Disabled Officers The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved -by the City Attorney and by the City officials authorized herein to execute or accept, as the case may be, said documents prior to their execution; and said City officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by' the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the event of absence or disability of the Mayor or City Clerk, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the City Council by the Acting Mayor or the Acting City Clerk, respectively, or b p •y• Y such other officer or officers of the City as, in the opinion of the City Attorney, may act in their behalf. 246922 41 11. No Designation of Oualified Tax - Exempt Obligations. The Bonds exceed in amount.those which may be qualified as "qualified tax- exempt obligations" within the meaning of Section 2 6 5 (b) (3 ) of the Code, and hence are not designated for such purposes. 120 Restrictions various agreements with the restrictions on the Company (a) ; Construction City Council may grant shown. The Company shall enter into - City which shall impose the following and the Project: must begin by August 10, 1994. The a time extension if just cause is (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 employees with wages and financial remuneration as provided under the United States Code, Section 276A, as amended through June 23, 1986, and under Minnesota Statutes 1985-, Sections 177.41- 177.44. 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.metro p olitan area. 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 artici ant P P 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, 246922 42 (c) The Company shall pay the administrative fee to the City determined in accordance with the City's guidelines at closing. Cdr The Company - shall comply with the City's tax - exempt revenue requirements, including the optional design requirements. 130 Headings ;.Terms Paragraph headings in this resolution are for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Capitalized terms used by not defined herein shall have the meanings given them in the Indenture, Loan Agreement or Mortgage. Passed: September 27, 1993. Attest: City Clerk (SEAL) Mayor 246922 43 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 27th day of September, 1993. Clerk (SEAL) 246922 44 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 the refunding of the City of Maplewood Health Care Facility Revenue Bonds, Series 1989 (VOA Care Centers, Minnesota Project)., The Project will be operated as an elderly multifamil rental housing . Y g development within the meaning of Minnesota Statutes, Section 462C.05, Subd, 4. The City will issue multifamily housin g revenue bonds (the "Bonds ") pursuant to Minnesota Statutes, Chapter 462C..07, Subd. 1, and loan the proceeds of the Bonds to the Company to f inance 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 p Y P 244241 45 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 Y 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 o administer, , monitor and supervise the Project in order to insure that the Project will be consistent with the City's Housing 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 46 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 47 . t 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: 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. 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 2 1993. Attachment 18 7) UNFINISHED BUSINESS A) SIGNS FOR PARKS Director Odegard stated the park sign information that will be sent to theCity Council was in the packet. The Commission had no sign changes at this time. B) PARK PROJECTS Director Odegard distributed a "System Development" memo that will be on the July 26th City Council agenda. The list of improvements was reviewed and their order revised. A recommendation will be made to authorize $52,725 from the PAC Commercial Fund for "Systems De- velopment" items to be placed in the Park Development Fund. 8) NEW BUSINES A) HOME NEXT TO NATURE CENTER Director Odegard stated the white house next to the Maplewood Nature Center (2669 Seventh Street East) is for sale. Mrs. Basler has been moved to a nursing home. An appraisal will be made of the property (approximately 75'x 200 Commissioner Fischer MOVED that the Park and Recreation Commission reaffirms their desire to pursue the possibil; tv of acquirina the Bassler orooerty and- it as wart of the MaDlewood Nature Center; second by Qualley; Ayes: All. B) PROPERTY EAST OF HAZELWOOD PARR (KENNARD &.COUNTY ROAD C1 Director Odegard stated that property has been purchased east of Hazelwood Park and the party is requesting permission to build a single family dwelling. To gain access to the property, it would be necessary to construct a driveway off.County Road C using the unimproved Kennard Street right -of -way. The City Council will address this issue. Director Odegard stated that it is questionable about what happens to the next 2.6 acres adjacent to this property thaw is owned _privatel (the owner of that property would also need access). 9) C C) PROPOSAL AT VAN DYKE AND COPE Director Odegard stated that the Volunteers of America own a Care Center near this site. They are proposing an addition of a 66 unit' Assisted Living Facility. They would like Cope Street closed off for a through street, add a trail, and develop a small park on the adjacent south property line. The city owns a lot where Van Dyke and Cope Streets come together (300' long x 125' deep). Their proposal states that the VOA would jointly develop the small park, but the city would be responsible for maintenance of the park and trail. The Park and Recreation Commission recommended that the city lot be sold to VOA. Commissioner Christianson inquired about the weekend activity at Hazelwood Park. He noticed the large crowd. ' (Director Odegard stated that United Way rented the soccer facilities). Commissioner Fischer reviewed the Maplewood Comprehensive Plan ane noticed the Neighborhood Park Study Areas. There is considerable developrent in the Kohlman Lake area at this time; he questioned whether there was any park land available. (Director Odegard had talked to Mr. Frattalone regarding the purchase of land, but the developer only indicated that he would think about -it). 47 , 1 ?-, IJ 49 Community Design Review Board -2- Minutes of 8 -24 -93 VI. DESIGN REVIEW A. Maplewood Assisted Care Living Facilit - Volunteers of America, VVMte Bear Avenue and Highway 36 (Section 11) Deborah Perry, Jay Harkins (architect), Alan Black, Angeline Soule and Joanne Callison were present representing Volunteers of America. Jay Harkins, architect for this project, said the recommended condition of the staff report requiring at least a fifteen -foot setback between the parking spaces on the south side of Sherren Avenue drive and the porch may not be possible if Cope Avenue is not vacated. 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 awood -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. 5. Install ahandicap - 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. 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 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 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 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 fi 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: 1. Most of the residents would not drive. Community Design Review Board -4- Minutes of 8 -24 -93 2. The City has allowed fewer par king spaces for similar seniors housing developments. The property owner shall add off- street parking if the City determines there is not enough parking. Boardmember Erickson seconded Ayes - -all Vil. 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 the Community Design Review Board at the September 13 City Council Meeting. Marie Robinson said she may be available if Roger cannot attend. X. ADJOURNMENT Meeting adjourned at 8:07 p.m. Planning Commission -14- Minutes . of 9 -8 -93 This prope next to high voltage transmission lines. Purchasers should be aw that there is Fgoing research on adverse exposure to a magnetic field ge erated by gh- voltage 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 cone about the exposures should contact competent medical or health* pect or agencies for current risk assessment information. If the developer decd to final plat pad of the preliminary plat, the City may waive any conditio that do not apply t the final plat. Commissioner FischeXseconded Ayes-- Axlahl, Fischer, Kittridge, Pearson Nays-- Allenspach, Anitzberger, Gerke, Martin The motion 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 public. 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. Planning 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 Cites land use plan. D. Approval of the sale of the north fifty feet (with Copy 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. 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 weie no visitor ;6resentations. VII. COMMISSION PRESENTATIONS A. Representat�e for the September 13 Council Meeting: Commissioner Allenspach VIII. STAFF PRESENTATtONS There were�no staff vres&tations. IX. ADJOURNMENT Mee*g 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. Be 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 z -2 MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Construction Agreement Kennard Street (Eakins) DATE: October 1, 1993 .lotion by council: End ors e d...,_._.,..,.,,,., Modifie Rejected r s J)ate w On September 27, 1993, the City Council tabled a request to use the Kennard Street right -of -way, north of County Road C. The Council tabled this until October 11. The Council requested an opinion from the City Attorney about the abstract for the property. A question came up about whether Section 9 -1 of the City Code applies. The Code states that "No building permits will be issued for any construction within the ci unless the building site is located adjacent to an existing street which is dedicated and maintained as a city street..... the council may enter into an agreement with the property owner for special handling of an unusual situation... ". The key phrase here is "building site". The east end of the Lukin's lot is adjacent to County oad C. A ty wetland exists between this access and the proposed house location. To construct a driveway between the house and County Road C would require that the Lukins fill q p of the wetland for a driveway. Filling would require a permit from the Watershed Board. The Watershed Board Administrator stated that he would recommend denial of any permit for wetland fill for a driveway. (See his letter on page 3.) If the Watershed Board will not approve a permit, the City should not consider that the Lukin's "building site" is adjacent to a public street. If the Lukins build on the east side of their site, section 9 -1 would not apply. The Lukins have an access easement over the east half of Kennard Street. The City has an easement for highway purposes over this same property. The City Attorney advised me that the City's easement is dominant. Regardless of whether Section 9 -1 applies in this situation, the City must still approve a construction agreement to build a driveway on Kennard Street, Section 9 -1 does not state that a property owner must use their frontage. It only states that they must get City approval to build on a property without frontage. Though the Eakins have frontage on County Road C, there is no ordinance that prevents the Council from approving a driveway on Kennard Street. The decision is up to the Council. The City Attorney recommends that "the City Council approve the requested driveway along the Kennard Street right -of -way unless the City Council can establish that the denial of that request would substantially advance a legitimate governmental interest." (See the Attorney's memo on page 5.) go/b- 5:Lukin.mem (3) Attachments: 1. Letter from the Watershed Administrator 20 Attorney's Memo 3. September 21, 1993 Staff Report Ramsey - Washington Metro A ----------- i OCT 4, ­3 i Attachment 1 District 40 8 5 W te Bear Ave., Suite 210 Maplewood, MN 55109 (612) 777.3665 October 1, 1993 Mr. Geoff Olson Community Development Director City of Maplewood 1830 E. County Road B Maplewood, Minnesota 55109 Re: Steve Lukin Home Construction Proposal Dear Jeff: In response to your phone call of Friday, October 1, 1993, regarding use of the Flandrau Street right -of -way access off County Road C to the Steve Lukin property. I have reviewed and given some thought to this alternative access to the use of the Kennard Street right -of -way. Use of the Flandrau Street right -of -way would require filling of the. wetland area in order to route a driveway to the proposed location of the Lukin home. The access using the Kennard Street right- of -way would result in no -fill of the wetland. The Wetland Conservation Act requires the analysis of a reasonable alternatives. and requires that we seek to minimize the amount of wetland fill. In this case, the reasonable alternative would be to use the Kennard Street right -of -way, and not use the Flandreau Street access to the Lukin property. My staff recommendation to our Watershed Board would be to recommend denial of any permit for wetland fill for a driveway. Another concern would be the impact of any driveway fill on the wetland system. The wetland in this area is relatively untouched and appears to be very stable in its current condition. Intrusion of a driveway into this wetland area would be a visual intrusion for the homeowners along County Road C, and would also result in changing the wetland hydrology. The driveway across the wetland would require the installation of one or more culverts underneath the driveway to allow for drainage from the lots on the north side of County Road C. This culvert would concentrate flows into the remaining wetland area rather than allowing the flows to disperse under the existing hydrologic condition. This could result in significant long term impacts by changing the hydrology of the existing wetland. The driveway would result in approximately 0.2 acres of fill in this wetland. Mr. Geoff Olson October 1, 1993 Page 2 Considering the potential impacts and the availability of reasonable alternatives, I would recommend that Maplewood allow use of the existing Kennard Street right -of -way for access to this property. If you have any additional questions or concerns, please feel free to contact me at your convenience. Sincerely, djo Clifton hing r Administrator cc : Steve Lul in 4 Attach 2 MEMO To: City Manager and Director of Community Development From: City Attorney Date: October 4, 1993 Re: Construction Agreement -- Kennard Street (Lakin) On September 27, 1993, the City Council tabled a request to use the Kennard Street right -of -way, North of County Road C, for a driveway until October 11. The ur ose of tabling that request p p g q was to seek an opinion from this office regarding the existing and available access for the subject property. Based upon the information provided to us by Mr. Lukin and a review of the County Plat records, it appears that Mr. Lukin owns four parcels located north of Count y Road C. Three parcels have frontage on Kennard Street which is currently unimproved. Three of the parcels have access to County Road C over the fourth parcel. The fourth parcel is a 33 -foot access to County Road C. The Director of Community Development has advised us that a wetland exists between the proposed house location and the above - referenced private easement. The Director of Community Development further advises us that any driveway construction along this P rivate easement would require the filling of a part of that wetland. That filling would require a permit from the watershed district. There are apparently significant questions as to whether such a permit would be approved by the watershed district. As noted in our earlier Memorandum dated September 27, 1993, a property owner such as Mr. Lukin does have a "special right" in the access provided b the Kennard Street right-of-way. That y "special right" cannot be denied except by due process of law. Furthermore, there is strong precedent to allow a property owner such as Mr. Lukin to use that public right -of -way for those purposes which are compatible with the public use of that right-of-way. It is the opinion of this office that Mr. Lukin has a legitimate interest in seeking to use that public right -of -way which fronts his properties. Although the City is not under any obligation to "improve" the dedicated right -of -way, the City cannot effectively revent Mr. Lukin from using g that public right -of -way unless Mr. Lukin's use would be non - compatible. It is true that access may be available to Mr. Lukin across the private easement on the east side of his property. Nonetheless, that access has been placed in doubt because of the response of the watershed district. Furthermore, the City has no rational justification for depriving Mr. Lukin of his use of the public right -of -way in favor of the private right -of -way. 5 City Manager Page Two October 4, 1993 Director of Community Development This office concurs with the Memorandum of the. Director of Community Development dated October 1, 1993, in which he states that: 'There is no ordinance that prevents the Council from approving a driveway for the Lukins on Kennard Street ". In fact, to deny the Lukins any use of the Kennard Street right-of-way would need to be sustainable under the constitutional guarantee of due process. The question has also been raised whether the City continues to have the authority to negotiate an agreement with the Lukins pursuant to Code §9 -1. That code section authorizes the Council to negotiate and contract with a property owner in those "unusual situations" where a building site is not located adjacent to an existing and maintained city street. The primary question here seems to be whether the building site is adjacent to County Road C. County Road C is the only existing and maintained city street relative to this particular property. The term. "adjacent" is. not defined under the Code. The general legal definition given to the term "adjacent" is that of a property which lies close to another property. It then becomes a question for the Council whether the Lukin building site is sufficiently "close to" (i.e. adjacent) County Road C.. Obviously, the practical question is whether that private easement can provide sufficient access for the Lukin building site. From the information provided by the Director of Community Development, the City Council could easily conclude that the private easement will not provide an acceptable alternative for access to the building site. Furthermore, as noted above, the Lukins continue .to possess a special interest or right in their access to the Kennard right -of -way. It is recommended that the City Council approve the requested driveway along the Kennard Street right -of -way unless the City Council can establish that the denial of that request would substantially advance a legitimate governmental interest. 0 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 Eakins cannot build this house without the City Council approving a special agreement. The house would be on property that does not front on a maintained public 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 right -of -way. The Lukins propose 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 page 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 owner give the City an easement over the wetland. The easement would preserve the wetland for drainage purposes. 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 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 Lukins. 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 the Lukin's lots. There is access to the east side from the Flandrau Street right-of-way and g Y a 33- foot -wide strip next to 1697 County Road C. Filling may be required for additional houses, but part of the Lukin's lots could be excavated to allow Wig. 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. 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 public street, emergency vehicles may have difficulty finding the house. The Lukins should agree: 1. To hold the City harmless from any liability for the use of the right -of -way or any. 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 be able to assess about 25% of the 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 building the street. Alternative 3. Deny Access If the Council chooses this option, they should consult with the City Attorney to see if he could defend the City against legal action. The owner may sue us for inverse condemnation. Alternative 4. Buy the property for open space There . are four reasons to buy this site: 1. The City's land use plan shows this site for open space. 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 space. 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 top nineteen. 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 Recreation recommends that the City not acquire this parcel for park property. Because of the park parking lot to the west, this property would not have much value to the park. If the City purchased the Lukin's lots for a park, the City might use them for a picnic area. There are four options for buying this site: Option 1. Use general fund money. Option 2. Use Park fund money. Option 3. Order a public improvement project and assess the costs. Option 4. Use open space money if the referendum passes. Comments on Option 3: The wetland on this site is shown as a stormwater holding pond on the City's drainage plan. (See the drawing on page 14.) Eventually, the City should consider acquiring the wetland and build the connecting storm water pipes. The City could require that the Lukins dedicate a drainage easement over the wetland as a condition of building a home. If the Council chooses option 3, they should also acquire the pond that is south of County Road C. If the Council decides to consider buying the Lukin's lots for open space, the Council should table the request for a house until the City has determined whether to buy the site. The Council should choose one of the four options above to buy the site. If the Council chooses Options 1 or 2, they should order an appraisal of the property. If the Council chooses Option 3, they should order a feasibility study. If the Council chooses Option 4, they should wait to see if the referendum passes. Conclusion The City should let the Lukins build one house with conditions to insure that no more houses will be built on these three lots. The Eakins should give the City easements for the wetland. This would insure that the majority of the site stays as open space with no cost to the City or assessments to the neighbors. The City should vacate Flandrau Street, require that the Lukins deed the 33- foot -wide strip next to 1697 County Road C to that owner and deed future development rights for the lots to the City. This would insure that there would be no future homes built on these three lots. The Eakins are opposed to these conditions. Their opposition creates some doubts as to their future intentions for additional homes on the property. The City had a similar situation in 1992 when Marlo Priebe asked to build two houses on seven lots that did not front on a public street. (See the history on pages 8 and 9.) There was a wetland on this property. 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. RECOMMENDATION Adopt the resolution on page 21. This resolution approves an agreement to construct one house on a lot that does not front on a paved street. The City approves this agreement because: 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. 40 The City has approved other homes on private drives. This resolution requires that the property owners or the Lukins 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 -way or any delay in emergency vehicles finding the house. 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 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 July 14, 1993. The Director of Community Development may approve minor changes. 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. 5 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. 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 Road C) Those against the proposal had the following comments: 1. This will be only the first of more problems with the proposal. It is the buyers problem for purchasing problem property. (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 property which has probably polluted the water table in this area. (Kringle - 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, deer, ducks, geese etc. plus a road which would destroy the present wetlands. I think it would be a bad mistake. Donate or sell it to the village for a wildlife sanctuary. (Bennett - 2687 Gem Street) S. The land should be used as a wildlife refuge - If it is developed, let it be single family homes. (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. Paul Westerly: The undeveloped Kennard Street right -of -way and Hazelwood Park Southerly: Four single - dwellings Easterly: Single- dwellings SURVEY of OTHER 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 paved street. The Council approved the request, subject to the owner paving a driveway to the existing 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 agreement for the driveway. 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 Century Avenue. 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 requests allowed Ms. 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 properly owner to build two 8 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 2. Land Use Map 3. Property Line /Zoning Map 4. Site Survey and Grading Plan 5. City Storm Water Plan 6. 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 Attachment 1 @ • �(a' - • •• 00 *• lb. so: V ♦ 4• # 0• • NZY ­s. wo wr" • AL we 00- • U 0 • %%** • 0 • to 0 • A - as • so I's COUNTY ROAD RD. D Ce BEAM 6 tg KOHLMM AVE. ROAD C 3 tg �l � lu Nrub AVE GIERVAIS AVE. COPE CTT. las WC Ce BEAM 6 tg KOHLMM AVE. ROAD C 3 tg �l � lu Nrub AVE GIERVAIS AVE. COPE CTT. las LOCAT MAP 4 10 19 Ezi i —LYDIA a or-- 0 u Q BC �M � � o � G ��S o tj AVF. BEAM 00 Q9 � 19 �t c � 0 R"TZ IL aE r /­­AV 69 P**d RAMSEY Co. •ti. COUNTY � 06 � COURT' '` � G � KOHLMAN X o ASE. �' LO See RD. ac EDGEHILL DEWOUT AVE �� ROOKS AVE tiBROOKS CD d AVE. EL see SEX TANT z A V S F~ PW* A GEWAIS GERV AJS GERVAIS AVE. s* so 0 CRANDMEW AVE CT. 00 0 VD(M CAS-n.E AVE - SHERREN AVE Kn L ola Oft A AVE- COPE a 6 . LOCAT MAP 4 10 Attachment 2 C) oza w o s VILLAGE OF MAPLEWOOD 3 � ' C ,3} O - li. 745• V8 - , ' - +- 1.7 3 1• itl F41: 910 N °'�'► Ct 210 ; d - I .Z' , L - - - - -- b-1 F Zt , . I l ii �tx 3.65aa • � ;� i 4-Has- VILLAGE OF MAPLEWOOD PONDIN$ AREA ^ i 1 Dec 19113669 / It h - (7) 1 r I p N f' OPEN SPACE RAM! td�1 22 0 1 � , C N Q � 82 Rpli 1 ► �� t szl! _ 13 17.7I' l _Z 51 .7/ =R - - -�?� -- - - � - - - - _ � °c 9 sao 55 (20,904c) ,,; v, T - 22 - VALE 3.33 r. > ' - - 01243 ,. 0 66 W. 1 83 0 , 4.04 ac. r +11 3 71 '« + V 24 O I 0 2 7 4050 !.1 T O .47ac.' L ° ° Now . s' 2 ' E 2733 at . s g 3 9.8(odc. �'� `� v 2728: s Gam. I. CITY —OWNED PROPERTY 47 , � ro�s�o 0 W in 2723 Z a L : 2720. Z ( +843' ) 31 +613 sl5ac C8) to ° � . s � d HAZELWOOD PARK 2 . (00 ac 0 271E 2711 v '^ (4-3) ) N '` 2699 ■� 7 2714 Z 5Z5 C 6 33) I c 5C 2691 �0 o2696 Z. b o de, .sba�. 4 ti A . (¢z) � 2688 - 2682 , 4G ac O 0 •} E 7 _ - Q 0 94 d& t 2687 z o -9 3' a K' GO 26 78 PROPOSED HOUSE LOCATION 1 . ! ,0% Pic SITE 03 46 - � ' ♦ - N� 4 - o 2680 (+ C41� � 2 67 � i 3 6 � /i 1 26 ♦ d s� Q +z i ` �7at. �1) o o �� ""'- . 1. l5dc• 120 0 2664 — 2660 Z 9 3' t I £ 2655 O �90414A- �' ll 47.13 � s 11 , , �•. 1675 r �, _� 0 00 1741 o / UO) ' W �� � 1(1 V 0� r 1697 13!) _ n L <i ti co Q co s zvM 2647 0 i cc 1"' LO O 20 TM 1r � ��+ nLu4 i ' " 70 A.75' 103' + 1.00' * 100' 1 - 121` r 2 11 ( s .31 . ' COUNTY ROAD C �-- -- n PROPERTY LINE /ZONING MAP 4 N 11 Attachment 3' interchange iprinci arterial 694 interchange Vadnais Heights OS R - B C i 'm a' o 600 AID 0 -ANOM t I ■ Co. Rd. D �, .S9Ii�.�tor M 1 L ■ .•, .K r- ■ BC ` m `. major collector • ' -, ' 0 ■ .. mulmal"WE 110 BC , ► , + riai ■ BC ( L TC:((M) -' R 2 B R i LBC 3 - M. R -3(m) — - s - -- - - 11 3( m 0. o - -- jaw 3 *Mow — R 1 _ C _ C wi j or c Iecttt - - _ Il t r M Jaw 'L4 w R e •' \ O A .J _ US 0 S I LB • R -.3 (H) CO -p BC p �t■�■� s s at■ 10 major collector LBC = . — c L I moo A- _ t -♦ C M _ _ - j - ^ mat3 rtatial --r- Highway 36 .. _. 1 • ,�� in ejtcha ge _ C P = PARK OS = OPEN SPACE R -1 = SINGLE DWELLINGS C = CHURCH W m r _ LAND USE MAP r x SITE 12 4 N Attachment 4. v�a�aT1r W� t ..... *s_ OWuAPHIC BOUNDARY t SURVEY OF MR. &IRS. STEW L" PROPF'M LOCATED IN SE 1/4 SE IA SECTION 4 PROPERTY LINE TOyyll , " NORTH, RMGE 22 WMT an OF MAPLEWOOD RMSEY COWM. MMESOTA or 1. Er RCS M WETLAND EDGE.•� --�-� """"" i t • ' s �'� AREA OF WETLA FILLING ��t for W :.;,_:;_;: :: ;:::; s : : ._ ;:• i � I Co Lu •:_:::�. p f =• AREA OF WETLAN 0 . 0 0 MITIGATION E WETLAND ED G 0 W N • PROPERTY LINE ' o COL. oc � m._ d b z UWA �... EXISTING BARRICADE a • a w KEMPER ASSOCIATES INC. ,�■� _ .___ _ -- tom' -� -�-ri - � � ' +�� CERTIF ICATE OF SURVEY Attachment 5 rd H W W O O O 3 W '' N Z H V) • W N Q N,: - - ' I", " (( rrr�rir I N)- - • r ! r' t ! r ! mmmovw� MAPLEWOOD DRAINAGE PLAN E3 LUKIN SITE 14 11 �I 1 � BEAM AVENUE �--- - - - -L_ � _ T !7 Cccrrr Q) I , l N W 1 r 4 N Attachment 6 JUN 2 5 3 Mr. Ken Roberts Associate ate Pl anner City of Maplewood June 25, 1993 Dear Mr. Roberts We have purchased property east of Hazelwood Park and are re permission to be construction of a sin family dwellin 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 usin the un- improved Kennard Street ri away. We have enclosed a topo and boundry survey of the property to readily expedite the process. We have been residents of Maplewood our whole lives and look forward to buildin 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 movin from our present home Au 1st and it is our sincere hope to once a work with the city of Maple- wood . Sinc rely, Steve and Kathy Luk in 2602 Hazelwood Maplewood, MN 55109 770-6959 15 Attachment 7 old 010 000 � .au• �..� -.� • ,dam Alow. AV lisp— CP wool 2T �J� 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 fix, 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 lase 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 525 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. Does 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 afour -plex under construction to my east 0 681) 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 777 -6200 (home). Sincerely, a 'ce M. Hoppe - 2rtG/iteao �rn2z� l X 79, �� aoce� 18 1667 East County Road C Maplewood, MN 55109 July 13, 1993 Dear Mr. Roberts: Attachment 9 JL 1 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 oe 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 Y well save money by purchasing the acreage and enhancing the park, rather than spending funds on piece -meal drainage or gradin g 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. P P Ll 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 resentl 5, 4, and 2 P Y ears Y of age. 19 [2J 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 park, 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. • development expenses, including roads, sewer, water, We o to paying for any develop P 5. J P 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 normal rain years. Any development will likely add water to her yard, and otherwise negatively impact upon the usage and value of her property as well. ersonall we stand to �• Personally, y' lose the valued p rivacy P Y which initially led us to our property. We purchase o . p p y also stand to lose property value. Accordingly, we object to any development, and request that the city of Maplewood purchase this property for the park system, and preserve its natural quality as a wetland. In the event that our objection and the objectio only (1) e single family the city, any authorization for development shou ld be for Y one residence with all access including road and utilities to be through the Flandrau Street entrance rather than the proposed area. of Maplewood obtain the appropriate agency e formally request that the city p . y ' rt of the proposed determination as to whether all or pa acreage, including P P or judicia 1 or p artially precluded • acreage to the adjacent y p Y P the other privately owned ac acent north, is fully g J s� io pu rsuant to state habitat or wetland preser- from development pu . • �,.� .� �z .- � � the above be obtained before any further _-_ ii a�ute3. W also requz��� than ire . • . at • se contact us in writing regarding this issue. consideration of the proposal occurs. Plea cons P 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 f i t64? 7 Robert E. Corbett 20 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 property is: The north 142 feet of the south 284 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 apublicly- 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. 50 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 1993. 22 1 0-00 MAPLEWOOD PARK AND RECREATION COMMISSION REGULAR MEETING - SEPTEMBER 20, 1993 MAPLEWOOD CITY HALL MINUTES 1) Chair son Ewald called the meeting to order at 7:01 p.m. Present: Commissioners Ewald Hawkins Fischer Christians Qualley \ Tolfson - Arrived at 7 :07 p.m. Absent: Commissioners\Xhdawvn ebiger Guest: Geoff Olson, ire or of Community Development 2) APPROVAL.OF MINUTES Commissioner F�- ischer MOVED to a rove as submitted - second by Carvers A s: 3 ) APPROVAL OfF AGENDA Director requested that Item (KENNARD & COUNTY ROAD C) be moved to Commissioner Fischer MOVED to approve by Christianson; Ayes: All, 4) VISITORS - None A11. 7A N - PROPERTY EAST OF HAZELWOOD PARK fo ow Item 4 - VISITORS* ha=ge second 7) UNFINISHED BUSINESS A) PROPERTY EAST OF HAZELWOOD PARK (KENNARD & COUNTY ROAD CZ Director Odegard reviewed the Park and Recreation Commission July minutes in which this property was discussed. Geoff Olson,. Director of Community Development, stated the property is adjacent to Hazelwood Park and questioned whether the Commission felt there would be any value in acquiring the land as an addition to the park. He noted that the Open Space Committee had identified this area as one of the Open Space sites in the city (ranked 31 out of 66 sites). Commissioner Tollef son arrived at this point in the meeting -7 :07 pm Director Olson stated that the wetland on the east 2/3 of the proper - ty is a stormwater holding pond on the City's Drainage Plan. The City could require a dedication of a drainage easement over the wet- land and land that is ten feet beyond the wetland as a condition of building a home. The easement would prohibit mowing, cutting, fill- ing or dumping within ten feet of the wetland. If the City acquired the property as part of a public improvement project for stormwater without a dedication, the property owners would be assessed. A discussion followed regarding the placement of the driveway on the Kennard Street right -of -way versus access through the entrance to the Hazelwood Park parking lot. Commissioner Fischer MOVED that at this point in time, the _Park and Recreation Commission is not interested in purchasing this prop =y east of Hazelwood Park. If the City feels that it is neces ary_ to purchase it, that they use other funds outside of the Park Funds second by Hawkins; A discussion followed. A friendly amendment to the motion was accepted. The Park and Recreation Commission recruests that only one house be built on the 2roiDerty as recommended by Community Development A vote on the motion as amended was taken. Ayes: Commissioners Fischer, Hawkins, Qualley, Christianson, Carver, Tollefson; Abstain: Ewald; Motion Passed. Commissioner Fischer MOVED that in the event the City approves the building of a home on the prooertvg the Park and Recreation Commis - sion.recommends that the driveway be placed on the Kennard Street right -of -way as indicated in the Community Development staff report of Seutember12. 1993 second by Qualley* Ayes: Fischer, Qualley, Hawkins, Christianson, Carver, Tollefson, Abstain: Ewald; Motion Passed. Plarming Commission Minutes of 9 -20 -93 V. NEW BUSINESS -2- A. Conditional Use Permit: 2610 Highway 61 (Mitsubishi) (Section 9) Ken Ro erts, Associate Planner, presented the staff report. Rick e was present represen ' g the applicant and answered questions from the mmission. There were no comme is from the public. Commission artin moved the Planning Commission ecommend approval of the resolution whit approves a conditional use permit t expand a maintenance garage at 2610 High wa 61. This permit is based on the dings required by ordinance and is subject to the f owing conditions: 1. All construction Xhall follow t /en that the City stamped August 4, 1993. The Director of C mmunity Dmay approve minor changes. 2. The proposed cons coon muntially started within one year of Council approval or th permiThe Council may grant up to one one- year extension of the p 't. 3. The City Council shall revi�vv this permit in one year. Comnussioner Pearson secoilded Commissioner Rossbach eferred to commercial property study which is under consideration by the P g Commis' n. Mr. Rossbach said he is opposed to commercial propeJ'residential. ext to residential operty without a suitable buffer zone. He feels that this proal will bring more c onto County Road C affecting the area to the east which The Commissio voted as follows: Ayes - -Alle ach, Anitzberger, Axdahl, Fischer, Kittredge, M Pearson, Sigmundik Nays -- Rossbach The motion passed. B. Kennard Street, North of County Road C (Eakins) : 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 P ossible means of access to the property from County Road C, proposed filling of portions of the wetlands, and the possible acquisition of this ro for ark or open ace land. P P �y P P P 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 $7,000 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 Eakins 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: 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 -way or any delay in emergency vehicles finding the house. 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 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 July 14, 1993. The Director of Community Development may approve minor changes. PI * 9 Commission -5- 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. 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. 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. �� AGENDA NO. 44ML TO: FROM: RE: DATE. AGENDA REPORT City Manager Assistant City Manager �r*um�►,�i(C�'1 U .Action by Council_al Endors Modifie Rejecte Date ST. PAUL METRO TREATMENT CENTER (METHADONE CLINIC) October 5, 1993 INTRODUCTION At the September 27, 1993 meeting, the City Council directed staff to immediately order and install NO PARKING signs on Prosperity Road from County Road B to Fleming's service station. Parking will be prohibited during the Clinic's operating hours of Monday - Friday, 6 a.m. - 3 p.m., and Saturday, 6 a.m. - 9 a.m. In addition, the Council directed staff to meet with neighborhood representatives to discuss their requests for additional signage and improvements. This report is a summary of the meeting with the residents and other information which the Council requested. BACKGROUND Seven residents met with the Director of Public Works and the Assistant City Manager on Wednesday, September 29, 11:30 a.m. The following items were discussed. 1. SLOW CHILDREN signs Five signs were requested at the following locations: North bound Prosperity north of County Road B; North bound Kennard north of County Road B; South bound Prosperity between Laurie and Lark; South bound Flandrau south of Cope; and North bound Flandrau between Sandhurst and Laurie. The estimated cost for the five signs is $660. 2. STOP SIGNS The residents requested that a four way stop be installed at the intersection of Flandrau and Lark. In addition, they have requested a STOP sign for eastbound Lark and northbound Prosperity. This intersection is currently marked with an arrow marking the 90 degree turn. The estimated cost for the six signs is $810. 3. STOP AHEAD signs Since the new STOP signs for the intersection of Prosperity and Lark are being installed at a location which typically would not be signed, the City Engineer suggested that STOP AHEAD signs be installed to warn drivers of the controlled intersection ahead. The estimated cost for the two signs is $270. A map of the neighborhood with the sign locations is attached. 4. NO U -TURN sign The consensus of the group was to not post NO U -TURN signs on White Bear Avenue. If this type of sign was installed, it would promote the traffic to use the residential streets rather than White Bear Avenue. This type of sign would also affect the other businesses along White Bear Avenue which are blocked by the center median. S. Additional street light The group requested that an additional street light be installed at the intersection of Prosperity and Lark. NSP installs the lights and maintains them. The City is responsible for the utility costs. It should be noted that the City's street lighting policy is to light for traffic safety rather than security. 6. Investigation of Abstract At the September 27 meeting, Mr. Parson presented a copy of his abstract which restricted him from creating a nuisance for surrounding residents. He questioned if the owner of the Clinic's building had a similar clause in documents relating to the commercial property. City Attorney Kelly visited Ramsey County to investigate the title of the property at 2223 White Bear Ave. His report is attached. Mr. Kelly located the residential neighborhood's restrictive and protective covenants which excludes the commercial property to the east. Mr. Kelly states that the City's zoning ordinance and other laws control the property and the use of the property. The City enforces any violation of the City's ordinances including the zoning laws. The Treatment Center has not violated any City laws. If the Treatment Center is found to be covered by restrictive covenants and a violation is questioned, it is the responsibility of other property owners to enforce the covenants. This means that the property owners in the neighborhood through the civil legal system would address the nuisance issue. The City does not enforce restrictive covenants attached to the property. 7. Sign Code During the meeting, one of the residents questioned why the Treatment Center did not have a sign installed with the business name. City code does not require a business to have a sign. 8. Fire Code At the September 27 meeting, there was a question about the maximum occupant capacity in the Treatment Center. According to the City Fire Marshal, maximum occupancy loads are only inspected and required to be signed in space that is classified as "assembly". The Treatment Center is not classified as assembly. In addition, the Fire Marshal visits the site for fire code inspections as part of the remodeling project. 7. Interim ordinance to regulate, restrict or prohibit the development of additional clinic space within the City. If a city is conducting a study, has authorized a study, or has scheduled a public hearing to consider the amendment or adoption of a comprehensive plan or official control, State law allows cities to adopt an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting the study process and the health, safety and welfare of its citizens. This interim ordinance may actually restrict or prohibit any use within the jurisdiction for a period not to exceed one year from the date that the interim ordinance became effective. This means that if the City Council officially declares its intent to study the restriction of clinic locations through its zoning ordinance or the regulation of clinics through a conditional use permit, the Council could adopt an interim ordinance restricting clinics from expanding or taking occupancy while the study is underway. No interim ordinance can impede a project which was given preliminary approval before the effective date of the interim ordinance. Therefore, an interim ordinance restricting the remodeling of space for clinic use would not apply to the current methadone treatment clinic at 2223 White Bear Avenue or any other clinic expansion that already has a building permit. If the City Council wanted to adopt a moratorium for clinics, the City Attorney emphasizes that the procedure set out by State law should be strictly followed. The procedure involves giving notice for a scheduled public hearing to provide people an opportunity to present testimony. At the last Council meeting, staff was directed to investigate the zoning issues related to restricting clinics to certain zones or requiring special permits or licenses. This information will be presented to the City Council at the October 25 meeting. RECOMMENDATION This information is presented to the City Council for their review. If the Council directs staff to order and install the signs, a transfer of funds (total $1,740) should be made from the General Fund Contingency account to the appropriate Public Works expenditure account. Attachments J KENNARD ST. FLAN )RAU i1 5 1 ST. D `ENT BY : 1 U - 4 - 93 4 : U 6PI BANK 16AN & KELLY 61 770 =15 C1 # '? MEMO To: City Manager From: City Attorney Date: October 4, 1993 Re,; ZQniv Crldr: 4 m . P"r1nrent /.:t (_ - trot orium The issue of i nt e rim ot'di nances and rnor atorhi leave been raised and discussed in revious l� correspondence and mernoranda. our files indicate that materials ls were sent t� ou under a cover letter Novem 16, 1992, Minn. Stat. §462.355, Subd. 4, does provide a city counci with the at,thorit Y P to adopt arj interim ordinnance,. Such an inxerini ordinance may actually restrict ()r prohibi adl x jurigidiction for a p" L_xiod nui tv r,%.L�red uric ye"Lly f rom tile- <Jat� z1 fat . HIC loterfm ordinance bec ame effective. However, such an interim ordirnance is only permissible "if a municip is condt)ctirt studies or has authorized a study to be corlduC;ted M' ha held or has s cheduled a hear' ng for the purpose of considering adoption or amendment of a compretternsive plan or official control ...' Subd.. 2 of Minn, 5ta.t. §462.355 sets forth the procedure fo ��r��er�din the com re hensive plan. g P P That procedure should be strictly followed. In particular, the City should be careful to ensure that at least one pu blic hearing is conducted as required b Statute. Furthermore the _ �. y e requirement should be strictly complied with. The question has been raised whether an interim ordinance /moratorium can be considered at a special meeting of the City Council on October 4, 1993. Apparently, the topic of this interim ordinance /moratorium w not posted as part of the n otice for this . special rn eetin p g This office would caution against using this 5peCi�L Meeting for such a P ur ose. The �.'our'ts in P recent ye -ars have not looked favorably upon the overuse Of such moratoriums. As a result, it is the recommendation of this office that there be very careful iMpleMent 16011 of such moratorium and strict compliance with any notice previsions. It would be advisable that any discussion of an interi ordinance/m orato.rtt,rn he schedtiled and placed on the a. Tenda for the next reg � gu meeting of the City Council. Please contact this office imme diately wIti1 any additional gUeStiOIIS you may Dave. MEMO To: Gretchen Maglich From: Patrick J. Kelly, City Attorney Date: October 1, 1993 Re: City of Maplewood . 3�\ E } O CT 41 983 LJ Please be advised that we have researched the property legal description of the subject clinic that was discussed at last Monday's City Council Meeting. Please find herein the legal description obtained from Ramsey County Tax Records (Exhibit A). Pursuant to your instructions, we did preliminary research on the subject property without a benefit of an Abstract. For purposes of reference, enclosed is Exhibit B which represents the platted area. As part of our research, we contacted the Department of Taxation, the Abstract Clerk, Abstract Records and Microfilm Division. As a result of said research, we discovered Document No. 1489230 which refers to Restrictive and Protective Covenants (Exhibit Q. Please review the legal description on the first page of the Restrictive and Protective Covenants. The first determination is whether or not the subject property is excluded from the covenants. Zoning would control the use of the property. The property owners referred to Page 2, No. (7) "Nuisances which states: "No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood." The state licensed the facility at a specific location and, the property owners would have to overcome the argument that said activity was noxious and offensive. In addition, if the property owners elected to enforce the covenants, their action would be through civil remedy based on breach of the recorded document. Covenants particular to properties are the responsibility of the respective property owners. The City is responsible for enforcement of its ordinances. You should have engineering review the plat for a determination whether or not said property is excluded from the covenants for purely assisting the property owners. The City zoning codes ensure the health, safety and welfare of its citizens. If there is a violation of said zoning laws, the City has the ability to immediately seek injunctive relief. The Planning Department has advised that the clinic's use is within the accepted zoning criteria. C: Michael McGuire ---------'-~-~------------ j�Askl ` ' �� e . •. a 1.1 1 .4 a • 1 ESMr, 4 • . 30� OAD �, tq w h DO �. �C . 2 13 3.34 s s 1 (g� .t , 72! 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MEN II TH&'3r'w_'1 F'RESEr- TS, vent ui: rltiawi riorno- !�,, inc. ;c 1'.i�r�rl= •9e�t:� ­orporat.(;r no its principaI pIac of 503 ` trtltan Bit' Iditig, St. Real! 1, 0t3, pri -setntty, the ownevl. of all Cir lots a nd parre-Is of 1,a7 vi, he- eby ir:lpf s-'s upon the follo%k ;, cleserit)ed. p7c)perty, 9ituatt -d i(i Ramsey County, Minne- sot:i, to-wit C) t:C)t,s 0 T (1) .gri t %vo (2), Block fy\•(- (5); Lots one (1) and twi (2), Bl1 )10­k twelvC (I PxCePt f.hat w): titan of said Lot two (2), Blm. -K twel (l ?) 1 Soiktheelster.ly J thf• c-rt:t(-r li of Prosperity Avetme; Lots Mie (1) and two (2), •loc. };. twrntv_ (21 ), exc ept t }t portion of :•pa l,ot.5 ...ne (1) and two (2) Block (21) lying, ,' outhf-asterly of t he renter li ric• of Prosperity A%icnuc and a so e:;c ept that po rtion i yr. _ p Northv4 -e� ;t of the- rent( -r line of Prosperity A \•r>>ue and iving S•�utl; :yr�st of a line des: . as follows: Begiznning at a point on the North livC of said Lot 1 distant 190 felt East cJ the Nort' corner thereof, thence rumning South (part l`! el to the Wef:t line of said Lot l ), 55 feet; thence S. 47 E. to an inter!crlctiori Nvith said cf:nt►�: live: and lying Easterly of at tine described as follows: Beginning, at a poi r�.t on seeA North line distant 150 feet East of said Northwest corner, hence : South (parallet to said west line) to the center line of said vacated alley: thence S. 39 E. to an intcsr. section with sa-id center line of Pr- asperity Avenue; &u Frospoe Aven all iri Smith anri Taylor's addition to No ,"th fit, Patti atco�rding to the re,, orded plat thereof. the foilowi.ng CreventAnts and, restrictions wb ch shall run with the land a.nd 1)e binding capon and inure t the benefits of the p&crti ea ne reto, their heirs, r-xr!cutor s ; ar.imI F1 fs trato r s, succ and etr s ign t , PART A: AREA OF APP LICATION: . .M.+.r.1.i .d..MA....w ■r.�i...rr.r.r .•.ra The residential a rea vovena.nts arid'. rfstrictions in Part E in their entirfity shall apply to the entire development describe above. ..• PART B: RESIDENTIAL AREA COVENANTS AND RE;iTRtCTIONS (1) La.nd-Use and Building Type: No lot shall be ust_d except for residential 1 r rJ purposes. No building shall be er- %ct1d, altered, placed. or pei ; to re:n -lain on any lot rather than one detached single- f amily dwelling not to exceed tvvo stories i n hei r < �,.. v. (2) Architectura Control: No building Rhall be erecter!, placed or alt :gyred on any lot un til the c puns and .speci and a plan; showing the C. location of the structure have beet approved by the architec tur:ll control committee ., as to gttality of - Tvorkmanship . and materialo, harmony of exter•tia1 design with existing structures, alid as to location with respect to topogra and finish grade elevation, Approvaa shall be as prob in Part C. � (3) D welUng Cost, QU&1ijX Abd Size: No dwelling sba.11 be p ernnitted on any �. lc.t at a cost of less than X10, 000.00 based upon. cost levels on the date- these. covenants are recorded, it being the intentinri and pe case of the covenant assura! ?:hat all dvwcol.lings shalt be of a quality of , workmanship and . mater.a.ls sub- a, s the- sane or better than that �,- h ( be produced on the d ate these covenants are recorded at t! .ca minitmirn cost statecl herein for the minirnurn pier - rnitt,ed dwelli.f- size. The ground floor area of the main structure, exclusive of one-story ol3en porches and garages. shall -bo^ riot less than 960 squire feet for a one-story c1u,-c•Iling, nor 1rRzs tf7a:l RI,S sq uarf , fei-r for a dw e liitiv of more than one vtorv. (4) Buildir -.E L cic•ation:_ No build, ing shall be located on anv lot nearer than 30 feet to front lot line, or nearer tFia>> 10 feet t(.) any side strc et line. No bui �dirlg shall be located nearer than 5 feet to an itit:erior lot line, N o dwelling shall b. located on any interior lot nearer than 5 fret to the rear lot line. For purposes of this cove :cant, eaves, steps, and open porches shall not be cnsi:Jered as a part of a buildinf;, provided, howe -ver, that this shall riot bir? construed to permit any po rtior of a builcAng on a lot to encroach upon another lot. (� ►) Lot Ar and Width No dwe lling shall be erected or placed on any lot baving a width of 1ps s than 75 felt at the r -ninirnum bu ilrting se tback line nor shalt any dwelling be erected or placed on ;itny lot having a -i area of lass Chin 10, 000 square r tset. (tip Easements: Easements for instatD.0tion ant- maintenance of utilities are be- e':)y reserved as follows: In ez%rh of B.k?( i 5 ai;,l 12 of said property, over a strip of land i4J feet in width r urining frorn the East boundary to the West boundary of each of said blocks, and said .,trip of land tieing paralt l to, and equ*distant from, the north and South boundaries of each of said blocks, subject to Prasper,ty Avenue; and in ;aid Block ?1, over a strip of land 10 feet in width running Eas terly from the West boundary of tiai d Block: 21 for a distance I of 150 feet, said. strip of tang being para.ltel to, P..ne equidistant from the North and. South boundaries of said Block 21. (7 ) Nu:sances No noxious or offenfOv activi shall be carried on u.pnn. any lot, nor shall anything be done th�. which may become aui annoyance or nuisance to the nei gtii�orhood. (8) T*.mporar): Structures: No iitructure of it temporary character. trailer, basement, tent, shack, garage, barn, or other outbu.ildling shall be used. on any lot at any time as a residence either templt�kra.r -ly or permar!ently. (1) Signs: No sign of any kind, shall be diaplayed to the public view ran an lot exce one professional sign of not more tb,ar one square foot one sign of not x .� OW . r i _3_ rnory o -lian 5 square Feet ad".-ertisirig th (- property for stile or rent, or signs tisrd %when L;uttchrig to ad,:ertise the. property during construction an sales period, X10) t and k1ining OEr - ra ions No oil d r illing, oil developmcnt ope.ra.tion c,:l rr•C:ciir1l), quarrying or minin operations of all kindshall be perndtte upon or ,ri .A -iv lot, ror 4qhall (61 welts, tanks, tunnelu, minin excava or shafts be pex trig ttr tpon or in any lot. No derrick or other stru de-signed for use in boring '4'r fjO or riatur«1 gas) shall be erected, rna'ntained or *)(!rrnitted upon any lot. - estock and Poultry No anirnatF:, Uvegtock, or poultry of ar.y kind :��t:�il t ?r• r:l�3t`d, ')r•:�d or kept on any lot,, e that dogs, eats or other househ(Ad pets rMa ybe kept provided that they are not kept, bred or mainta for an corn T ! - '4 Ir r% iat Pusposc. l) Gd and Refuce DiQDOSaI No lot shall be >>sed or rn t as a durnpin j: ground for rubbish. Trash, garbage or other watte shall not ne kept except _~ ranttR.ry containers. All incinerators or other equipment for the storage or dis- €a >r;al cil such matrhal shall. b ,:ept in a clean and sanitary condition. i !' Water Su p1Y into .ndividuai water- supply syster7� shall be per;nittPd Ot Wn=,` la:i1css such system is locatc constructed and equipped in accordanr: e with Ow re,.quirernetits and standards of th.e proper health authorities and shall be i s.y b y t - P A RT C: ARCHI T'EC'.TUR A i._, CONTROL C OMMITT EE 1. Mem bership: The Architectural Control Committee is cornpotsed of Ohr persons, Rylz J. Rothschild, Edward C. Grout, and Kennon V. Rothchild, Jr. , all of 1503 G• _iar Building, St. Paul 1, Minnesota, In event of death or res oof an:- m ember of the committee, remaining members tai ►alt have full a °.;thc %riiy, designate a successor. Neither the mernberFr of t. committee, nor its de 'si gra.ted repre!lentative shall be entitteG to any compensation For services pr.rfornned pi-rsua.nt to this cove nant. A, any time, the then record ownery of a rna *ority of lots shaLIT have the power through a. duly reco instrument to. change the ; t- mbersf - Op of the committee or t,) withdraw frorn committee or restore to it any Ji Its poArers and duties. 2. Procedure: The committee's approval or disapproval as required in these coven;xnts shall by in writing. In -vent committee, or its designated repre _ J "low . • s cntativ4! ,fa l is to approve or disa pprove within 30 da - �9 after p►Inn3 and specifications have been submitted to it, or in any event if no suit to enjoin construction has been -4- com: prio4 to completion thereof, approval will not be required and the re- lated covenants shall be deemed to have be(­-Ii fully complied with. PART D: GENERAL PROVISIONS: 1. Term: Theme covenants are to run with the land and shall be bindi l g on all. t)( and all persons claiming under them for a period of 25 years from slate th - ese covenants are recorded, after which 611`1e said covenants shall be auto- ` , 1 n extended for suc..cesaive;periods of 1.0 yearn unless an instrtiment si'gne'd by majority of the them c" ►v of lots has beesi recorded, agreeing to change said covenants in whole or in part, 2. Enforcement: Enfor. cerne shall be by nr ^cc cding at law or i equltv against any person or persons violating or attemp"i - ting to violate any covenant".. eithe`r to restrain violation or to recover damages. ,. 3. Severabilit ; Invalidation of an'"•rune of these covenants by judgment ,. . or court order shall in no wise affect any of the othr provisicros which shall' t'e - 1 rra in full force and effect. IN WITNESS WHEREOF, The owner has hereunto set hi s hand and seal this 1r.. day of �, , �. _ A. D. , l 9_ S y. HIGHLAND HOMES, INC. . In P Bence of: Ong-. oft r w/ i I STATE OF MINNESOTA of Its Treasurer COUNTY OF On. this .i =-�� day of 1059 before me a Notary Public within and for said ounty, persona y�rappFare vIand J. Rothschild to me personally known, who, being duly sworn by me did say that he is the Treasurer of the corporation named in the foregoing instrument, and that the seal affixed to said inistrumetxt is the corporate seal of said corporation, and that said instrument was signed, , seams in behalf of said corporation by authority of its Board of Directors and " Rothschild acknowledged said instrument to be the free act and deed_rx�-a�� ct�xpor��tion. -, �_4-ft 't.. N o to r y Public �iy corm:7tission expires ►' O Y1'ub0c, R Irk. C*MMftX#M Ex il. +nn, . V- 0 S_ Highland Homes, Inc., by Treas. a Minnesota Corporation, 81 owner Restrictive and Protective Covenants Dated Ju 23 1959 Filed July 23, 1959 Book Page File #1489230 That Highland Homes, Inc., a Minnesota corporation, presently he owner of Land h y of all the lots and parcels hereby imposes upon the following described ro ' Minnesota p perty, situated in Ramsey County, to wit; Lots 1 and 2, Block 5; mots 1 and 2 Block 12 . said Lot 2, Block 12 1 A ' � except that p lon of Y' �ng SE' ly of the center line of Prosp Avenue; Lots 1 and 2, Block 21 except that p y 2. Block 91 lying P at portion of said Lots 1 and y ng SE ly of the center line of Prosperity venue an a lso exce t that Y �. d P portion lying NW of the center line of Prosperit Avenue and lying SW of a line described p y as follows • Beginning at a point on the N. line of said Lot l distant 190 feet E thereof ; thence running of the NW corner g S . (parallel to the W. line of said Lot 1 5 feet, thence S. 47 50' ) 5 E . to an intersection with said center line; and lying E' ly of a line described as follows: ws; Beginning at a paint on said N. line distant 150 feet ' E . of said NW • corner , thence running S. (parallel to said W. line) to the center line of said vacated alley • thence S. 39 20' E. to' an intersection L with said center line of Pros- perity Avenue; subject to Prosperity venu ' Y e, all in Smith and Taylor's addition to North St. Paul, according to the recorded lat t the following covenants P hereof, • g c and restrictions which shall run with the land and be binding upon and inure to the benefi is of the parties .hereto, their heirs executors, administrators, successors and assigns, PART A: AREA OF APPLICATION: g The residential area covenants and restrictions ctions in Par ti$ in their entirety shall apply to the entire development ---> PART B: described above, RESIDENTIAL AL AREA COVENANTS AND RESTRICTIONS: (1) Land - Use and Building Ty : No lot . Yp shall be used except for rest- dential purposes. • No building shah, be erected, altered laced permitted to remain on an lot other placed, or Y than one detached single-family dwelling not to exceed two stories in height. (2) Architectural Control: No building �:� �, • �h�.11 be erected, placed or altered on any lot until the construction' • a plan showing p.�t ^ _ns and specifications and g the location of the structure have been ap b pP y the architectural control committee as to quality of workmanship and materials, harmony of external design with existing g t ng structures, and as to location with respect to topography and finish grade elevation A pproval shall be as provided in Part C. (3) Dwellin Cost alit and Size • y No dwelling shall be permitted on any lot at a cost of less than $10,000.00 based upon prevailing on the d p cost levels g ate these covenants are recorded, it being he inten- tion and purpose of the covenant t g o assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be rodu ce d on the p date these covenants are recorded . at the minimum cost stated herein for the mini ' . ground � mum per dwelling, size. The g and f lo0r area of the main structure, exclusive of one -story open porches and garages, shall be t g � no less than 960 square feet for a one -story dwelling, nor less than 825 square feet for a dwelling of more than one story, q (4) Building Location No building hall g be located on any .lot than 30 f nearer fe et to front lot line, or nearer than 10 feet to an side street line. No building hall b Y g e located nearer than 5 f eet to an interior lot line. No dwellin. shall be to • g Gated on any interior lot nearer than 5 feet to the rear lot line, For purposes of this coven eaves, steps and open or P and P porches shall not be considered as a part of a building, provided, however, that this shall n • of be construed to permit any portion of a building on a lot to encroach upon another lot (5) Lot Area and Width: No dwelling shall 1 be erected or placed on any lot having a width of less than 75 feet at the minimum building g setback line nor shall any ling be erected or placed on any lot having an area of less than 10, o0o square feet. (over) 4t l A Doc. TTo . 1489230 (continued) (6) Easements: Easements for installation and maintenance of utilities are hereby reserved as follows: In each of Blocks 5 and 12 of said property, over a strip of land 10 feet in width running from the East boundary to the West boundary of each of said blocks, and said strip of land being parallel to, and equidistant from, the N. and S. boundaries of each of said blocks subject to Prosperity Avenue; and in said Block 21, over a strip of land 10 feet in width running V ly from the W. boundary of said Block 21 for a distance of 150 feet, said strip of land being parallel to, and equidistant from the N. and S. boundaries of said Block 21. { (7) Nuisances No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood,, (8) Temporary Structures No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. (9) Signs: No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than 5 square feet advertising the property for sale or rent, or signs used when . building to advertise the property during construction and sales period. (l0) oil and Mining operations No oil drilling, oil development operations. oil refining quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mining excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. (11) Livestock and Poultry No animals, livestock, or poultry of any kind shall be raised, bred or Dept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. (12) Garbage and Refuse Disposa %To lot shall be . used or maintained as a dumping ground for rubbish. Tra...3h garbage or other waste shall not be kept except in sanitary containe-a * All incinerators or other equipment for the storage or disposal o such material shall be kept in a clean and sanitary condition. (13) Water Supply: No individual water - supply system shall be per - mitted on any lot unless such system is located, constructed an equipped in accordance with the requirements and standards of the proper health authorities and shall be approved by them. PART C: ARCHITECTURAL CONTROL COMMITTEE 1. Members hi : The Architectural Control Committee is composed of three persons, Ryland J. Rothschild, Edward C. Grout, and Kennon V. Rothschild, Jr. ; all of 503 Guardian Building, St. Paul' 1, Minnesota. In event of death or resignation of any member of the committee, remaining members shall have full authority to designate a successor, Neither the members of the committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of lots shall have the power through -a duly recorded instrument to change the membership of the committee or to withdraw from committee or restore to it any of its powers and duties, 2. Procedure The committee's approval or disapproval as required in these covenants shall be in writing . In event committee, or .its desig- re P nated representative fails to approve or disapprove within 30 days _ after plans and specifications have been submitted to it, or in any event if no suit to enjoin construction has been commenced prior to completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. PART D: GENERAL PROVISIONS 1 Term: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 25 years from date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by majority of the then owners (over) Doc. ,b . 14-89230 ( continuer) of lots has been recorded, agreeing to change said covenants in whole or in part. 2. Enf orcement : Enf or cement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages, _ 3. Severabil,ity Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. Highland Homes Inc. , Warranty Deed (Minnesota corporation) Dated Nov. 13, 1964 82 -to- Filed Nov . 18 , 1964 Schuler Construction Book 1938 , Page 284 Corp. (Minnesota File #1634763 corporation) All that part of Lot 2, and of S . i of vacated alley in Block 12, Smith and Taylor's Addition to North St. Paul lying Northwesterly and Westerly of the center line of Prosperity Avenue; except the W. 375 feet thereof, subject to Prosperity Avenue, and the E. 75 feet of the W. 375 feet of Lot 2 and the S J of vacated alley in Blobk 5, Smith and Taylor's Addi- tion to North St . Paul . Free from all incumbrances except unpaid assessments. Documentary Stamps $2.75, cancel led . Deed Transfer Tax $2.75 paid, Articles of Incorporation Dated Oct. 30, 1959 83 -of- Filed Nov. 4, 1959 P. & R. Corpoaration Book 1655, Page 825 File #1497571 purposes: to buy, or any manor whatsoever, acquire, mortgage, sell, lease, hold, manage and deal in, to the foregoing and not in limitation thereof, in the same manor and to the same extent as could a natural person, act with relation to,any and all kinds of property, real personal or mixed, wherever situate, Duration: Perpetual State of Minnesota, Dept, Certificate of State, Joseph L. Donovan Filed Nov. 4, 1959 Secretary of State Book 1655, Page 825 84 -to- File #1497571 The Public That the within instrument was filed for record in this office on Oct. 30, 1959 in Book F-18, I nc orps . Page 339. Pe & R, Corporation,. Articles of Amendment of Articles (Minnesota corporation) of Incorporation by Pres . and Seely Dated Jan. 3, 1963 85 -to- Filed March 6, 1963 The Public Book 1834 , Page 975 File #1584779 That at a special meeting of the Shareholders of said corporation at the corporate office in the City of St., Paul, County of Ramsey and State of Minnesota , • .on Jan . 2, 1963. Pursuant to the written waiver and consent of all the shareholders entered upon the record of the meeting, at which mett ing all of the shares of the corporation then issued and outstanding were present in person, the following resolution was adopted by the unanimous vote of said issued and outstanding stock, to-wit: The name of this corporation is Schuler Construction Corp . Two 401 MEM ORANDUM . .. Act�.on bar Counc : TO: City Manager Endorse FRONT: Ken Roberts, Associate Planner Modifie SUBJECT: Truth -in- Housing Ordinance Amendment R e j e c t e d DATE: August 19, 1993 Date 1em INTRODUCTION On May 24, 1993, the City Council requested that the staff review the truth -in- housing ordinance. The Council wanted staff to include penalties for non-compliance. Councilmember Juker requested this change after she heard of two violations of the truth -in- housing ordinance. (See the Council minutes on P a g e 2.) BACKGROUND July 9, 1990: The City Council adopted the Maplewood Truth-in- rdinance. g This ordinance went into effect on January 1, 1991 and had a sunset clause that ended the program on June 34, 1992. June 8, 1992: The City Council readopted the truth -in- housing ordinance. DISCUSSION This ordinance amendment adds a new section about violations. This additional language would clearly identify what could happen to a person if they do not have a truth -in- housing evaluation done. The amendment also should help reinforce the need and importance of the truth -in- housing ordinance. RECOMMENDATION Approve the attached ordinance. kr /memo88b.mem (5.1) Attachments: 1. 5 -24 -93 Council minutes 2. Proposed Ordinance Amendment 3. 9 -14 -93 HRA Minutes jti w ,,.�h _ rM xc.�' . ?. J .F.b I •E' •. f }. „�,. �.�.t y, �. ;1 . #�.' - 1. o ti •;ice •, Y• a.. C7f •, :•¢. d :S '� -'•, C: ``•.. ATTACHMENT 1 • I�'� � _, *•K -..• .��'. 4 �. • .� : w.. _ y : ;�. -. le. i.'. 1 r_ •X..+. -.. ���. . CL".+ ' s' _ r k • r•I f F i _vt: •ss, q_ ly'N` R����.�rN� � 'E - Truth-in-Sale-o Ordinance a. Counci lmember Juker stated she had he ard and of two recent viofations • he Truth - In- Sale- of - Housin • inspecti g Ordinance, one � which an ins A n had not been prepared and a the homeowner had re pother in which p pared his own report. b. Councilmember Juke • • r owed to d r taf Lq v w ordinance wi th a view to inc ud c and re ort back to n .o - m +: Cou ancg Seconded b Counci y ]member Zappa _ Aye all 1 1 _ .• •�, • � "- _ . •� E • f • • 6f ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE ADDING A VIOLATION SECTION TO THE TRUTH -IN- HOUSING ORDINANCE THE MAPLEWOOD CITY COUNCIL APPROVES THE FOLLOWING ORDINANCE: (I crossed out the deletions and underlined the additions.) Section 1. This section adds Section 9 -243, Violations, by adding the following: Section 9 -243. Violations. Any - person , failing to meet and follow the provisions of this article shall be ggilty of a misdemeanor and .shall be subject to prosecution_ Section 2. This ordinance shall take effect after publication. Passed by the Maplewood City Council on , 19930 kr /memo88b.mem (5.1) 01 HRA Minutes of 9 -14 -93 -3- C. Truth -in- Housing Code Amendment Ken Roberts presented the staff report and explained the wordage proposed to be added to the truth -in- housing ordinance providing for penalties for violation of the ordinance. Commissioner Connelly moved to recommend approval of the ordinance adding a violation section to the Truth -in- Housing ordinance. Commissioner Whitcomb seconded Ayes- -all 8. DATEWF NEXT MEETING a. October n, 1993 9. ADJOURNT Meeting adjourned at 9:07 p.m. AGENDA NO. -3 AGENDA REPORT TO: City Manager k� on FROM: Assistant City Ma g tY er g RE: REQUEST FOR CHARITABLE GAMBLING FUNDS DATE: October 1, 1993 INTRODUCTION Action by Council. e; Endorsed�. Modif ecte Date This is the third quarter request for charitable gambling funds. Two requests have been received; both are from the North St. Paul, Maplewood, Oakdale School District 622. Harmony Community Education is requesting funds for the purchase of a Grason Stadler GSI -38 Impedance Pure Tone Screening Instrument with a cost of $2,470.00. The second request is from the North High School Multicultural Group, Shades of Youth, for $400 to provide cultural diversity training about Asian culture. BACKGROUND Harmony Community Education provides the Early Childhood Screening Program in the North St. Paul- Maplewood - Oakdale School District. The program identifies pre- kindergarten children who have special learning needs which may interfere with learning in school. The program includes testing for hearing, vision, and developmental areas such as speech and social- emotional. The instrument currently being used for hearing tests is not functioning properly. Two hearing screening instruments are needed, because there are two teams who perform the tests. The School District is funding the purchase of one new instrument. The Early Childhood Family Education Coordinator is requesting that the City of Maplewood contribute charitable gambling funds for the purchase of the second instrument. A specific amount was not requested. However, the total cost is $2,470 and $300 has already been contributed by another organization. The second request is from North High School. A North High program called the Shades of Youth are planning to hire the Mixed Blood Theatre of Minneapolis to perform EASTERN PARADE: The Asian American Journey. It is a 45 minute presentation for the 550 high school students to learn about Hmong and Cambodian cultures and their transition to ,American culture. The cost of the performance is $400. RECOMMENDATION It is recommended that the City Council consider the requests for charitable gambling proceeds for 1) the purchase of a hean test instrument for I.S.D. 622's Early Childhood Screening Program; 2) funding a cultural diversity training program for the high school students. School District September 22, 1993 City of Maplewood Mike McGuire 1830 E. County Road B Maplewood, MN 55109 Dear Mike McGuire:, Maplewood Oakdale '..... ....... .. .. I ; -'J t j f+ j ! The Early Childhood Screening Program has been an important program for over 25 years in the North St. Paul- Maplewood - Oakdale School District. The purpose of the program is to identify children prior to starting kindergarten who have special learning needs which may interfere with their success in school. The mandated components of the program include. a hearing screening, a vision screening, and a developmental screening which includes speech, motor, cognitive, and social - emotional assessment. This year the program, with the help of many staff and volunteers, has screened 937 children between 3 and 5 years of age. In addition, we screened 56 children on September 2, 1993 so that they could enter kindergarten this fall. An important part of good results in the hearing screening is having reliable and accurate equipment. This year, the volunteers that conducted the hearing screening have had constant problems with the equipment not functioning properly or giving inaccurate readings. This equipment has been borrowed from several of the schools and from the Early Childhood Special Education Program. The Early Childhood Screening Program is in desperate need of new equipment that is the property of the screening program. Upon much investigation, we feel that the best choice of equipment is the Grason Stadler GSI -38 Impedance /Pure Tone Screening Instrument which costs $2,470.00. This equipment will give the program the versatility of doing both the screening and a re- screening if a child's hearing does not meet the appropriate guidelines. We need to have two screening instruments because two teams of volunteers conduct the screening two days each week. We have requested the purchase of one screening instrument through the Capital Outlay budget from the school district, which has been approved. We would like to request that the City of Maplewood consider contributing to the purchase of the other instrument for the Early Childhood Screening Program. We have received a, $300.00 contribution from one of the many organizations that we have contacted. We would be happy to answer any of your questions or to attend a meeting to discuss this with you further. S ely, Judy Gammel, Coordinator Early Childhood Family Education Program 770 -4642 Neoma Jearig,Coordinator Community Resource /Volunteer Program 770 -4782 (612) 770 -4642 HARMONY COMMUNITY EDUCATION 1961 E. County Road C, Maplewood, MN 55109 � Ms • r 5! Nf ��� y r � r ! l �� 1 t� kp i. P � .� �6T y eS "NYt•F � '4Y `E� 1 v �1 � k }��/,'y g 54 ..t .:.1�..... J Gt�.�M) e t1 •'S q :F r 5 Y a= � Y µ� . AUZ O The GSI 38 Auto Tymp Version 3 is a combination instrument providing testing capabil for a screening middle -ear test battery along with screening audiometry. The built -in display and printer make the GSI 38 a compact unit requiring minimal table space. Its sleek, ergonomic design enables it to be an attractive, easy -to -learn and easy -to -use instrument. Four different modes of operation are available: tympanometry, tympanometry plus reflex (ipsiIateral and /or contralateral), audiometry, and program. The versatil of the GSI 38 Auto Tymp makes it an ideal product for private practice, school screening programs, or clin For tympanometry and reflex testing, the GSI 38 Auto Tymp features a light - weight, handheld probe with three LEDs to indicate test progress. The instrument display during tympanometry will show the tympanogram tracing and the test summary information which includes ear tested, ear canal volume (ECV), the compliance peak ( the pressure at the peak of the tracing (daPa) and the gradient (GR) in daPa. The operator has the ability to customize the choice of ipsi and /or contra reflex frequencies in the Tymp/Reflex mode. The stimulus presentation sequence proceeds from low to high frequency. The GSI 38 Auto Tymp Version 3 contains a single channel, manual, pure -tone audiometer with a choice of up to 11 frequencies (125 -8000 Hz). The operator also has a choice of three tone formats: steady, pulsed, or FM (warble). Both right and left ear test results can appear on the same audiogram or table during printout. A patient handswitch is available as an optional accessory. The program mode allows the operator to add the facil name l and to customize the way in which the GSI 38 displays and /or prints the individual test results. A normal box per ASHA criteria can be displayed /printed or not. Finally, the number of test frequencies available during audiometry can be set to 11 (normal range) or 8 (narrow) depending upon your screening criteria. The clear LCD screen keeps the operator continually apprised of test mode, parameters, and results. A single test can be printed or erased from one of the eight memory locations or the entire group of tests in memory can be printed or erased. The GSI 38 Auto Tymp is available in four different versions. This brochure describes the features available with Version 3. See the accompanying documentation for descriptions . of the other versions. School District 622 North St. Pau Maplewood Oakdale ( r� IF3 2520 E. 12th Avenue, North St. Paul, MN 55109 September 29, 1993 Dear Ms. Maglisch: This letter is in reference to the availability of charitable gambling funds from the City of Maplewood. On behalf of the North High School Multicultural Group, Shades of Youth, we are requesting your financial assistance in providing our students with the opportunity to experience EASTERN PARADE: The Asian American Journey. This is a forty -five minute performance presented by Mixed Blood Theatre of Minneapolis. Students will learn about Cambodian refugees, the Hmong transition to American culture, and Southeast Asian myths as the performers blend music, movement, narration and theater. Our Multicultural Resource Center will also benefit since each of Mixed Blood's productions include the following: - a comprehensive study guide - a video tape documentary - a concise biographical summary with bibliography - several 11 " by 17" posters An individual performance by Mixed Blood Theatre costs $400. Our auditorium will hold approximately 550 students and at less than a dollar per student, we would be able to provide a excellent opportunity for our students to broaden their cultural experience . Thank you for considering this request. We may be contacted at 770 -4650. We look forward to hearing from you. Sincerely, Shades of Youth Ad 'stirs ENNOPW Marie T. ullivan A Dianne M. Sandberg cc: Kathy Huyen Mainlyn Vars Randy Zipf (612) 770 -4650 • FAX (612) 770 -4711 NORTH HIGH SCHOOL AGENDA NO. TO: FROM: RE: DATE: AGENDA REPORT City Manager Assistant City Manager I& J CA� action by ouncil.sl En dorsed M odified., .--. Rejected.. Date COMMUNITY CENTER CHANGE ORDER: A&P NUMBER 1 October 1, 1993 INTRODUC17ION Adolfson & Peterson is the prime contractor who is responsible for the general construction of the Community Center. A &P is working very hard to get the foundations in and covered before the frost arrives. This report is a change order request for a maximum of $25,000 for A &P's grading contractor to bring in additional fill for the building foundation. BACKGROUND During the grading and excavation under the second contract, it became evident that the site contained less buildable soil than originally ht. This meant that there thought. would be less soil on site that could be used to back fill the foundation of the building. To handle this possibility, the contract for general construction contained a section that asked for unit prices for fill. Glenn Rehbein Excavating is A &P's grading subcontractor, and they have estimated that additional fill up to $25,000 will be needed to adequately cover the foundations. This part of the construction is different from Steininger Construction's grading contract for which $150,000 was authorized for fill. To date, Steinin g er has used $124,000 for additional soils. Both contracts planned for the situation in which additional fill would be needed. There are sufficient funds in the budget to handle these changes. The funds are in the contingency account. Both the construction manager and the architect are recommending that the additional fill be imported as soon as possible to avoid any problems that could arise due to an early frost. The Change order Review Committee formally granted its approval for the change order on September 30, 1993. RECOMMENDATION It is recommended that the City Council adopt the attached resolution which authorizes a change order for a maximum of $25,000 to Adolfson & Peterson's contract for fill to brought onto the community center site. tmc RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of a City -owned community center, Community Center Project, and has let a contract with Adolfson & Peterson for general construction; and WHEREAS, the soils engineer determined that there is not sufficient suitable soils on site to safely and properly back fill the building foundation; and WHEREAS, the contract with Adolfson & Peterson contains unit prices for the import of clean fill (Unit Prices #4); and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Community Center Project General Construction Change Order 1 to allow the recommended import of soils. 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 1 in an amount not to exceed $25,000. The contract is amended not to exceed $5,212,000 per the following detail: Original Contract $5,187,000 Change Order 1 Not to exceed 25 Amended Contract Not to exceed $512122000 AGENDA ITEM AGENDA REPORT .Action by CounO1 TO: City Manager Endorse FROM: City Engineer ied. Rejecte SUBJECT: No Parking —Price Street East of Ruth Date DATE: October 4, 1993 Until about a year ago, Price Street east of Ruth functioned as a driveway for Mounds Park Academy and the School District 622 administration building. At that time, the city council ordered the street to be barricaded. The attached letter is signed by both property owners along Price Street east of Ruth. The letter identifies several problems that resulted in blocking the residents' driveways, There appears to be no public need to allow parking on this block. It is recommended the city council establish a no parking zone on both sides of Price Street east of Ruth and that the public works department be ordered to install appropriate signage. KGH jC Attachments CASTLE Ate- � V COPE AVE � � AVE a LAURIE � RD. � � � LRD o . RD., � e � � " •, 1700 K AVE � '�i O o none ca ►� •, 0 AVE. N. PAMSEY COUN7Y D NUR"54NG FAJR felt c o". 1cv ..L' •' . Al.DItIG7i GOV H 0 OVMY O ARENA COURSE PLEY AvE w r� w KINGSTON AVC �' P R)CE AVE. t� 30 im w IF v 0 io 0 1 a 00 0 0 0 0 0 0 0 % a 0 0 41 or % 0 0 0 ALP 2 4 1993 i � :, . �... ...,.,...,....., • L 9 Mr Mr �f M • FY M w 1r Y r 1. � �r r1/ r W Of �-.` E -010 AGENDA I TEM �' AGENDA REPORT TO: FROM: Cit Mana kotion b Cou E ndorsed......... Modified..,,,.. Rejected Date Cit En SUBJECT: Sterlin Scha Public Improvement Re DATE: . October 6, 1993 The two propert owners ad to the Sterlin Schaller Improvements south of Linwood Avenue have submitted the attached petition forms. The forms,.as submitted, do not meet the re of an official petition as described in state statutes., but do represent a le re for public improvements. This means that if the pro is to continue it would proceed as a council -initiated public improvement pro The onl impact of this procedure is a n extraordinar ma or four votes, is re after the public hearin to proceed with the pro The first feasibilit stud for these improvements was prepared in 1987. Subse updates. and alternatives w ere considered over a period of y ears. A portion of the ori pro north of Linwood Avenue was recentl constructed. The current re addresses the improvements south of Linwood, Avenue. The old feasibilit stud has all of the basic information for preparation of a current pro feasibilit report. For this reason,- the cost to update the information would be relativel minor. One irre deserves comment. A September 15, 1993, correspondence from James and .Olivia Ka stipulates two conditions relative to their si on the petition forms. After discussions with the cit attorne two thin are clear. First, the petition is not a le petition but onl a re therefore, there is no force of law or statute that is invoked b the petition document. 'Second, the statements made in the September 15 correspondence are not bindin on the cit because the cit has taken no action to enter, into a contract with the Ka. The cit is not a part to the purchase a between the Ka and the bu therefore, the September 15 correspondence should be considered as informational onl It is recommended the cit council order the preparation of a feasibilit stud for the installation of sanitar sewer, water main, storm sewer, concrete curb and g utter, and paved streets on Schaller and Sterlin Streets south of Linwood Avenue. Further that a bud of $3000 be established for the work. RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed construct sanitary sewer, water main, storm sewer, concrete curb, gutter, and paved streets on Schaller and Sterling Streets south of Linwood Avenue and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED. BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred . to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated - cost of the improvement as recommended. FURTHERMORE, funds in the amount of $3000 are appropriated to prepare this feasibility report. DLO (1) r1AAMIC 3T It Tim Q � A CHAII Fci nc J m O O O 0 c� z t 3 l'oe COr r e •z cr °3 C IA 7/26/91 FILE N0. STERLING STREET 92004 A- MAPLEWOOD, MINNESOTA o RC. No. Ear From FIOECKER H`, 0% I R TES FHOHE fro. 812 786 '3 1? 1' ±'�L 7 : AH P01 o ro7 Y e un�i c3a h� • • y P Otio thu council Qf the Cit y of . _T.TI S tZ3 l ? aYl.] C. � i h�C!�.'' , t�J�� r: c orrr�:in an s Y�cx'eC ....,.._........ - c.���m ��we ai xi t;'b e (:curb aryj C;ut �:t �':� j'� '�t t�`� E. �' •_�tl :.��:1'i 12.1. c:�l: �t t �t1 � � c ... __..�.r.. te�.1. �.t)6' . wi dce.n the EOIlWI Pa c. 1. ` • �•_�.�•Irw +.�.r.�,.A.,.• .:. �.. ....._ TM, ��r�����1A 'M.�+•�wr.�wwr+..wil�r��"1� �� (a r� f:hat sari ajji�d ill 1t:()Vem t)t - b► Und�,c tskoc:t? key t) �� � ct��tn �r�e «� th Cr)e PV-01 ions of . , y vi l in o� cl� r t�i� t 8 L t,u.tea t ch ter 42 Vr t o r • � �, �. � �� �: to � �-� � �� �:� r� ed � � � i � � t h P � �' � � tad �.� � 4 2 r9 • � _r�e�'a �e� proper a� ided b o Owt)e bo� Ov ...+. an q FO L ISK Oc# 41V ... " _ '.i�ivT -.I h.... ..wYYV ....1r...�...+1•rU�r._�y ��`� � � �.� E ATT . ."�w.+.w.�.�.. M••.�� fir, r w.� �'' • �•+r•ti.aw.�.rwrrrr�•• 4 la d,.. ••'r. V . - - _ -- 1 + ' `....._• . �. 1 • . • • IT c:ex• ti f t_h.l t I hrivc% wl Lnessed the above :5i natutc:s r and the p �.ovements discussed with �: ?�c -� .� lc�r���.•r. ate L) Li 0 n SpOnSor the undersigned, do hereby petition the Council of the City of Maplewood to Install Sanitary Sewer, Watermain and Storm Sewer and Concrete Curb and Gutter and Paved Streets on Schaller and Sterling Streets within the following Parcel: I certify that I have witnessed the above signatures, and the proposed improvements were discussed with the signers. Date Petition Sponsors a . V+ c . ` : ••? ., ,�Z c` ;- r�.� — /LS �� �= T-.�I - 1 '� �-� . �t A; �-�'• _: and that the said improvements be . undertaken by the city council in accordance-with the provisions of Minnesota Statutes, Chapter 429; and tha� the cost. thereof be assessed against benefited property as provided by saic Chapter 4290 Owner S St reet Address Leal Description Frontage Date ..�A/ GS 14. /<1 y-S c2 ,f,, A-I .5 - � - � SEE ATTACHED X y . 0 t/t vi k E 51� L_'Vowu C�"Ict k-t� - F � �) CA i -) U-11WO, C�I_ . M t6 15 r- I I I certify that I have witnessed the above signatures, and the proposed improvements were discussed with the signers. Date Petition Sponsors a . V+ c . ` : ••? ., ,�Z c` ;- r�.� — /LS �� �= T-.�I - 1 '� �-� . �t A; �-�'• _: r O r EXHIBIT A F LBIT D TO pURCHASE AGREEMENT Thirteen (13) Township Twenty- .- f parcels in Section Thi The f o g p 2 2) in Ramsey County, Min nesota: (2 8). , Range Twenty-two eight Quarter of the. Northeast Th ' e South Half of the Southeast Q Quarter of the Northwest Quarter of said Section. and feet (722') o T he North seven hundred twenty-two f the. of the Nort hwest _West Half of the Southeast Quarter Quarter and Quarter of the Northeast hat art of the Southwest Qu heast T , art of the East Half of the Sout Quarter and that p ich lies westerly of Quarter of the Northwest Quarter wh the following described line: • e Southwest Quarter of Beginning on the north line of th eet Beg g Quarter at a point which is 27.84 the Northeast Quar he Southwest Quarter 1 of the northwest cor of t easter rne 03 degrees 26 thence South of the Northeast Quarter; for bearings, a ' es 00 seconds East,. ass bases minutes ss South 10 degrees 12 .distance of 43.20 f eet ; thence distance of 277.0 S feet; thence minutes 3 0 seconds East a Ea a distance of degrees 09 outh. 0 8 minutes 50 seconds Ea g 47 minutes 5 6 seconds 93, feet ; thence South 64 d egrees West a di stance o degrees f 207.54 feet; thence South 09 g East to the west line of the East. O 1 minutes 31 seconds carter of the 3 0 feet of said East Half of the Southeast Q • southerly along said west line Northwest Quarter, thence the south line of said .Southeast of said East 30 feet to the following Quarter of the Northwest Quarter; except 3 3 0 f eet of the South 2 40 The West 300 feet of the East ter of the 'd East Half of the Southeast Quar feet of sa Northwest Quarter. DXB 99032 .S� r pandy Noacker ReW Estate Brok 5066 Rainbow L Mau S�� 86-6 s H S [verya G Kai om M Koysw r Jeanne Kayser. ;y C. rAwcherrl a i Data w= not OWMA1 .a It v.ould cream a oa a Nblie Rood 0s '1o'a a sofwa September 15 1993 To the Mayor, City Council, and member of the Staff of the .C.i ty of Maplewood, My wife and I have entered into a Purchase Agreement ,for the sale of our land which is identified by a preliminary plat named Highwood Meadows. The Buyers have told us that they wish to petition the City of Maplewood to install road and utility improvements on this land. It is our understanding that assessments will be levied on the land for these improvements. The Buyers have requested us to sign a Petition for this purpose. We agree and will sign the petition under the following conditions:. cc>s f S - okk 1.) The City of Maplewood will not incur ee-ts f or which we would be liable, or could be assessed to us, until the Buyers have closed the Purchase Agreement and have paid the monies to us which are due at Closing. We will notify the City when this has been done. 2.) The City will abide by the an Addendum to the Purchase Agreement concerning an option of the Seller to possess certain rocks on the Premises. A copy of this Addendum is attached. 44 #,,zimes H. Kayser Olivia A. Kayser 516 Linwood Ave . , East Maplewood, MN 55119 ' Phone: 731 -8610 Copies to: Gary Bastian, Mayor .Fran Juker 1401 Frost Avenue 1965 Barclay Street t Maplewood, MN 55109 Maplewood, MN 55109 c F George Rossbach Joe Za g pp a F 1406 E. County Road C 2522 Flandrau Street Maplewood, MN 55109 Maplewood, MN 55109 Dale Carlson Ken Haider 1513 Gervais Avenue Geoff Olson Maplewood, MN 55109 Ken Roberts 1830 East County Road B Maplewood, MN 55109 Additional copies sent as shown on page 2. I r� Doherty, Rumble & Bultler 2800 Minnesota World Trade Center 30 East Seventh Street Saint Paul, Minnesota. 55101 Attn.. Dean Bussey Charles T. Nixon 800 Title Insurance Building 40.O.Second Avenue South Minneapolis, Minnesota 55401 Larry Severson 600 Midway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 55124 Gold Key Development, Inca .1521 East Highway 13, Burnsville, Minnesota 55337 JDV Limmited Partnership of Maplewood Suite 504 7300 West 147th Street St. Paul, Minnesota 55124 1 AGENDA ITEM AGENDA REPORT Action Eby Co cll -v TO: City Manager Endorse Modif ie FROM: City Engineer Rej ecte ])at e SUBJECT: Handicap Parking— Kennard Street DATE: October 4, 1993 The Church of the Presentation of the Blessed Virgin Mary is requesting permission to change a no parking zone in front of the church to a handicap parking zone. The request is to establish six handicap parking spaces. The street in this area is wide enough to accommodate the additional parking. It is recommended that the church be allowed to establish six handicap parking spaces directly in front of the church, and the no parking zone in that area be eliminated. KGH jc Attachments US AVE. ROSEWOOD AVE N. S_ 0 RAACE) � AVtort 5. `, NU R C AVE* ALMICH AV e. � � � s u M AVE AREM a �, A sr. r � � PRICE �%. Y 64 0 t*4 *1 0 0 all V CHURCH OF THE PRESENTATION OF THE B MARY 1 Kennard Street - Maplewood, Minnesota 55109 777 -8116 - 777 -6041 w.... September 24 1993 p � Kenneth G. Haider `-- ' .'._.. _.. _ • _ w.._ -- - - - _ . Director of Engineering City of Maplewood 18.30 East County Road B Maplewood, Minnesota 55109 Dear Mr, Haider: On behalf of the Church of the Presentation of the Blessed Virgin Mary in Maplewood, I would like to request the establishment of additional handicap parking in front of the Church on Kennard Street. This would mean changing the "No Parking" signs in front of the Church to signs that reserve the space for "Handicap Parking." The approximate space is one hundred and seventy (170) feet along Kennard Street which will allow for six (6) handicap parking spaces. Twenty (20) feet will be left open for direct entrance into.the Church front doors. The handicap parking spaces will also stay at least ten (10) feet from any and all.fire hydrants. This request is in response to numerous people informing our parish leadership that our present allotted number of handicap parking spaces is inadequate. If approved, the new handicap parking spaces on Kennard will allow more direct access to our Church. In the case of funeral services, special covers will be used over the signs to read: "Funeral. No Parking." Obviously, this is to accommodate the hearse and other funeral procession vehicles. If you should have any questions or concerns, please let me know. Thank you for your attention to this matter. Sincerely, Fr, Charles V. La howitzer Pastor AGENDA ITEM AGENDA REPORT Action by Council. TO: City Manager Endorse FROM: City. Engineer ie ReJeeted ___._ �. SUBJECT: County Road B Bus Stop Date DATE: October 4, 1993 The city received the attached letter from the Metropolitan Transit Commission concerning the bus stop on County Road B west of Barclay Street. The letter is self explanatory. It is recommended the city council establish the bus stop t the intersection of County ty Road B and Barclay Street in its original location. KGH jC Attachment M E T R O P O L I T A N T R A N S I T C O M M I S S. 1 0 N 560 -6th Avenue North, Minneapolis, Minnesota 55411-4398., 612/349 -7400 September 2, 1993 Mr. Michael McGuire City Manager City of Maplewood 1830 County Road B Maplewood, MN 55109 -2797 Dear Mr. McGuire:. Council Member Joseph Zappa called me with a concern about a bus stop on County Road B just west of Barclay in Maplewood. ' from Count moved this westbound bus. stop y Road B and Barclay to the new location beside a vacant lot because of complaints from Mrs. Nord who lives at County Road B and Barclay. Now the owner of the property at the new location has called Council Member Zappa and complained about the stop. The appropriate bus stop . • location would be at the intersection of County Road B and . Barclay where it was before. I am requesting that you take this issue up at a city council meeting to have it resolved. Sincere) , Wayne R. Babcock Manager of Street Operations.- East Metro WRB/Mdd c: J. Johanson Maplewood Council Members AGENDA ITEM S � AGENDA REPORT TO: City Manager Endorsed Modifier? FROM: City Engineer Rejecterl Date SUBJECT: Budget Transfer— Highwood and Century -DATE: October 4, 1993 Dan Madland owns the property at the northwest corner of Highwood and Century Avenue in Maplewood. Mr. Madland and his attorney have contacted the city regarding a drainage problem on site. Under current conditions drainage from the west and from Highwood Avenue cuts diagonally across the properly, Neither the city nor the county - have an easement in this location. City and county -- representatives have met - o n site to discuss the situation. The most .effective alternative is installation of a pipe along he north side of Highwood g g Avenue flowing easterly to Century Avenue, and then northerly along Century Avenue to an existing culvert. It is proposed to install this pipe as a joint effort between Maplewood and Ramsey County. Maplewood would be responsible for purchasing the materials p 9 for the project, which would include the pipe and one structure. Ramsey County tY would be responsible for the installation of the pipe and restoration of the surface. The estimated cost of purchasing the materials is about $2500. It is recommended the city ouncil authorize a budget tY g transfer not to exceed $2500 from the general fund contingenc account to the appropriate ublic Y p works account to fund this project. KGH jc