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Home My WebLink About1993 11-22 City Council PacketIeRI a L 117-11 MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, November 22, 1993 Council Chambers, Municipal Building Meeting No. 93 -26 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINTUES 1. Minutes of Council/ Manger Workshop of November 1, 1993 2. Minutes of Special Council Meeting 93 -24 (November 4, 1993) 3. Minutes of Council Meeting 93 -25 (November 8, 1993) E. APPROVAL OF AGENDA EA. PRESENTATIONS 1. Human Relations Commission Appointment F. CONSENTAGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items. If a member of the City Council wishes to discuss an item, that item will be removed by from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Financial Transfer to Close Improvement Project 85 -17 3. Financial Transfer to Close Improvement Project 90 -14 4. Street Construction State Aid Fund Transfers 5. Ambulance Bill - Application for Cancellation (Walters) 6. Ambulance Bill — Application for Cancellation (Persby) 7. Donation — Maplewood Nature Center 8. Budget Transfer Request: MIS 9. Certification of Delinquent Sewer Accounts 10. 1994 On -Sale, Off -Sale and Club Liquor License Renewals G. PUBLIC HEARINGS None H. AWARD OF BIDS None I. UNFINISHED BUSINESS 1. Chemical Abuse Ordinance (1" Reading) 2. Truth -in- Housing Ordinance a. Ordinance Exempting Family Members (1" Reading) b. Ordinance Exempting Gifts (1" Reading) 3. Loud Radio Ordinance (2 Reading) J. NEW BUSINESS 1. County Road B - TH61 Storm Sewer Project 90 -14 No- Parking Restriction 2. Routine Maintenance Agreement —TH61 East Frontage Road North of County Road C 3. Reduced Setback —1191 South Century Avenue (Valiukas) 4. Building Relocation Ordinance(V Reading) 5. Community Center Project Change Orders 6. Open Space Proposed Process 7. Public Safety Administrative Assistant 8. Charitable Gambling — SigitasSiupsinskas K. L. M. N. r CITY COUNCIUMANAGER WORKSHOP OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD 4:00 p.m., Monday, November 1, 1993 Maplewood Room, City Hall MINUTES A. CALL TO ORDER The Council /Manager meeting of the Maplewood City Council was held in the Maplewood Room, City Hall. The meeting was called to order by Acting Mayor Rossbach at 4:00 p.m. B. ROLL CALL Mayor Gary Bastian Present (Arrived at 4:44 p.m.) Councilperson Dale Carlson Present Councilperson Fran Juker Present (Arrived at 4:50 p.m.) Councilperson George Rossbach Present Councilperson Joseph Zappa Present Others Present: City Manager Michael McGuire Assistant City Manager Gretchen Maglich D. COMMUNITY CENTER UPDATE Tour of Site At 4:02 p.m., Councilmembers and staff left City Hall to tour the Community Center presently under construction at 2100 White Bear Avenue. Other people present at the site were Mr. Fred Richter, Mr. Duane Kell, and Ms. Marianne Repp from AKRW; and Mr. Dick Gunderson, Mr. Mark Adamson, and Mr. Ned Dripps from McGough Construction Co. The group returned to the Maplewood Room at 4:44 p.m. Mayor Bastian joined the meeting. C. APPROVAL OF AGENDA The following items were added to the agenda: I. OTHER BUSINESS 1. Manager's Evaluation 2. SCC Update 1 Councilmember Zappa moved that the agenda. be approved as amended. The motion was seconded by Councilmember Rossbach and was approved. Ayes: Bastian, Carlson, Rossbach and Zappa Absent: Juker D. COMMUNITY CENTER UPDATE, CONT. Budget Presentation Representatives from AKRW and McGough presented a progress report on the construction and budget. They distributed Maplewood Community Center, Construction Manager's /Architect's Report #1 to the City Councilmembers and summarized the document. Councilperson Juker arrived at 4:50 p.m. There was some discussion about the cost and amount of fill imported to the site to date and the estimate to complete the project. The construction manager noted that the cost estimate for all soils correction on the project is $300,000, and the funds are available within the budgeted contingency account. Following a presentation by Assistant City Manager about. retainage, Mayor Bastian moved that the general conditions of the three prime contracts be changed to reduce the amount of retainage from 10% to 5 %: and that the amended Investment Retainage Agreement between Adolfson & Peterson, First National Bank and the City be approved: and that the Major and City Manager execute the necessary documents. The motion was seconded by Councilperson Carlson and was approved. Ayes: Bastian, Carlson, Rossbach and Zappa Nays: Juker Councilperson Zappa moved that the Construction Manager's/ Architect's Report #1 be accepted as presented. The motion was seconded by Councilperson Carlson and was approved. Ayes: Bastian, Carlson, Rossbach and Zappa Nays: Juker E. ST. PAUL FOUNDATION REPRESENTATIVE Mr. Paul Verret, President of St. Paul Foundation, distributed the St. Paul Foundation Annual Report, 1992 and a summary of administrative charges. Mr. Verret made a short presentation about establishing a Maplewood community foundation using the charitable gambling funds. There were considerable questions about the process of establishing a fund and how it would work. Mayor Bastian left the meeting at 5:40 p.m. A recess was called at 5:45 p.m. The meeting was reconvened at 5:59 p.m. 2 F. McGRUFF HOUSE PROGRAM Councilmember Zappa explained that he would support a City contribution of charitable gambling funds to the - North St. Paul pilot McGruff House Program. There was considerable discussion about this program being outside of Maplewood and waiting until the next quarterly request agenda report. Mayor Bastian returned to the meeting at 6:46 p.m. It was the consensus of the Council that City Manager McGuire, Councilmember Zappa, Police Chief Collins and the North St. Paul Police Chief would meet to discuss the possibility of including a Maplewood neighborhood near Richardson Elementary School G. OPEN MEETING LAW City Manager McGuire summarized the City Attorney's memo dated October 7, 1993 about compliance with the Open Meeting Law. H. FIRE DEPARTMENTS CONTRACT UPDATE City Manager McGuire reported that Mr. Bill Bruen was still negotiating with the Fire Departments trying to establish a performance -based contract, and that since agreement had not been reached, Mr. Bruen's consulting contract needed an extension. Councilperson Zappa moved that no more money be spent on Mr. Bruen's . contract for negotiations with the Fire Departments. There was no second, and the motion died for Lack of a second. Following considerable discussion about the status of the proposed contract, Mayor Bastian moved that the extension of Mr. Bruen's contract be placed on the November 8, 1993 , Council meeting agenda. The motion was seconded by Councilmember Rossbach and was unanimously approved. Ayes: All There was some discussion about the different fire department organizational structures including a municipal volunteer department, and it was stated that the City Manager should prepare the report for the Council /Manager workshop in December. I. OTHER BUSINESS 1. Manager's Evaluation Councilmember Carlson stated that the Manager's annual evaluation was due before the end of December. Councilmember Carlson moved that Councilmembers Juker and Rossbach be appointed to serve as the City Manager's 1993 Annual Review Committee. The motion was seconded by Councilmember Zappa and was approved. Ayes: Bastian, Carlson and Zappa Nays: Juker and Rossbach 01 2. SCC Update Mayor Bastian provided a summary of the roles and responsibilities of SCC, Ramsey/Washington Counties Cable.. Commission, government access group, and Meredith Cable Co. He also stated that the budgets of SCC and the government access group will be determined on November 18, 1993. J. FUTURE TOPICS There was no discussion about this item. K. ADJOURNMENT The meeting was adjourned at 7:06 p.m. 4 MINUTES OF MAPLEWOOD CITY COUNCIL 4:27 P.M., Thursday, November 4, 1992 Council Chambers, Municipal Building Meeting No. 92 -24 A. CALL TO ORDER: A special meeting of the City Council of Maplewood, Minnesota, was held in, the Council Chambers, Municipal Building, and was called to order at 4:27 P.M. by Mayor Bast an. 0. ROLL CALL:, Gary W. Bastian, Mayor Dale H. Carlson, Councilmember Frances L. Juker, Councilmember George F. Rossbach, Councilmember Joseph A. Zappa, Councilmember I. NEW BUSINESS: 1. Canvass of Election Present Present Present Present Present a. Councilmember Zappa introduced the following Resolution and moved its adoption. 93 - 11 - 138 CANVASS OF ELECTION RESOLVED, that the City Council of Maplewood, Ramsey County, Minnesota, acting as a canvassing board on November 4, 1993, hereby certifies the following results in the November 2 1993 City Special and General Election. MAYOR (Vote for one) Gary W. Bastian Write Ins: John Hines Dave Musielewig George Rossbach Tony Bryne Mark Thompson Anyone Else -John Stark David Nelson Mark S. Larson Ron Chlebeck Fran Juker Barb Vaughan Lois Gold Jason M. Urbanski Joe Polencheck Bullwinkel Henry I. Leiew Koppen Mary Kay Evans Nine of the Above 3 Joe Zappa 4 Lance Merritt 1 1 A. Goins 1 1 Johnathon Buesing 1 3 Gordon He i n i nger 1 1 Dorothy Hejny 1 1 Karen Krause 1 4 Joe Vignalo 2 2 Thomas Kornegar 1 1 Edward R. Rowan 1 1 Frank Zappa 1 2 Laurie LaBey 1 3 Terry Steinbach 1 1 father Charlie 1 1 Andy Dawkins 2 1 Thomas Walz 1 1 Martha Kennedy 1 1 Emil J. Witwicke 1 1 Gordy Fritsche 1 1 Rick Betz 1 2 Dick Wakefield 1 1 Coleman 1 COUNCIL (Vote for Two) Sherry Allenspach 2 Gordon Heininger 1 Frances L. Juker 1 Marvin C. Koppen 2 write Ins: Mary J. Martin 4 Bill Peltier 1 None of the Above 2 Mrs*. Gary Bastian 1 Joe Bakeman 1 Deb Bakeman 1 Kathi DeMars 1 OPEN SPACE REFERENDUM Yes 2,344 No 1,992 Seconded by Councilmember Carlson N.. ADJOURNMENT: Meeting was adjourned at 4:30 P.M. Ayes - all 12 -27 -90 MINUTES OF MAPLEWOOD CITY COUNCIL 7 :00 P.M. Monday, ovember.8 y, 1993 Council Chambers, Municipal Building j Meeting No. 93.25 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. b y Mayor or Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL. Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Meeting 93 -23 (October 25, 1993) Councilmember Zappa moved. to approve the minutes of Meeting No. 93 -23 (October 1993) as presented. Seconded by Councilmember Carlson Ayes - Mayor Bastian .Counci1me y y tubers Carlson, Juker, Zappa Nays - None Abstain — Councilmember Rossbach E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the A ends as amended: L1 Police Administrative Assistant L2 Fire Department Contracts L3 Junk Shop - Frost Avenue L4 Light on Methadone Clinic L5 Airport L6 Property Line Tree Seconded by Councilmember Zappa Ayes - all EA. PRESENTATIONS NONE F. CONSENT AGENDA Councilmember Zappa moved, seconded by Councilmember Carlson,* a es - all. to approve the consent agenda items F -1. F -2 and F -4 thru F -10 as recommended. (Item F -3 was removed from the Agenda, 1 11 -8 -93 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 376 S 159.061.16 S 535 PAYROLL: 206 S 252.284.52 S 252 788 Checks #1586 - #1658 Dated 10 -15 -93 thru 10 -29 -93 •e Checks #11511 - #11650 Dated 11 -08 -93 Total per attached voucher /check register Payroll Checks #37172 thru #37369 Dated 10 -22 -93 Payroll Deduction Checks #37374 thru #37390 dated 10 -22 -93 Total Payroll GRAND TOTAL 2. Resolution - Renewal of Merrick Companies Charitable Gambling Permit 93 -11 -139 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for Merrick Companies to be located at Garrity's, 1696 White Bear Avenue N. 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. District 22 Trunk Sanitary Sewer Replacement - Project 91 -10, Final Payment REMOVED FROM AGENDA 4. CUP Termination & Home Occupation License: 1161 Leland Road (Fosse) Terminated the Conditional Use Permit for a beauty shop at 1161 Leland Road and approved a home occupation license for Jane Christensen Fosse to operate a beauty shop at that address, subject to the following conditions: 1. Customers shall park in the driveway or directly in front of Ms. Fosse' s house. 2. Ms. Fosse must meet the City's home occupation license requirements. 3. Ms. Fosse shall provide a smoke detector and fire extinguisher in the beauty shop, as required by the Fire Marshal. 4. Ms. Fosse shall have no.more than one wall- mounted, two - square -foot business sign. 5. Ms. Fosse must renew her license each January with the City Clerk. 6. This license shall end when the business ends. 2 11 -8 -93 5. Preliminary Plat Time Extension: Phalen Lake Additio Approved a. one -year time extension for the Phal en Lake Addition p reliminar y mi nar P y plat. This time extension shall be subject to the October 12 1992 conditions of approval. ' 60 1994 SCORE Application Approved the application for 565,100 in 1994 SCORE funding from Ramsey County, 7. Resignation of Park and Recreation Commissioner Accepted the resignation of Michael D. Fi ebi ger from the Parks & Recreation Commission and directed staff to advertise for applicants for th PP a open p 8. Maplewood Nature Center Donations Accepted various small donations to the Nature Center, totaling $36.00 and authorized placing that amount in the Park Development Fund (403- 814 -316- 4720). 9. Budget Transfer: Public Works Authorized the transfer of 53,195 from the VEM Repair and Maintenance /Vehicle Budget to allow for the purchase of two new sanders. 10. Settlement: Ha3icek 93- 11 - 140 SETTLEMENT RESOLUTION WHEREAS, pursuant to proper notice duly given as required by law, the City Council met, heard and passed upon all objections to the proposed P P assessment for the construction of Southlawn Drive with improvements as described in the files of the City Clerk as Project 85 -17 passed 22, 1993. � p on March WHEREAS, pursuant to Minn. Stat. §429, et al, Robert F. Hajicek,. filed a Notice of Appeal with respect to PIN No. 03- 29 -22 -11 -0001 in the amount of 5134,422.40. WHEREAS, the assessment appeal was duly scheduled in Ramsey Coun y District Court on September 2, 1993, at 9:00 a.m. as Court ' 5480. File No. 03 -93- WHEREAS, the City of Maplewood and Robert F. Hajicek agreed to a reassessment of the parcel known as 03- 29- 22 -11- 0001 in the amount of $110,000.00 with a deferment for five (5) years with interest. Said amount represents a lump sum for street, storm sewer, public water, and P ublic sanitary sewer. WHEREAS, that interest shall continue to run on the deferred assessment Of 511.0,000.00. 3 11 -8 -93 WHEREAS, Robert F. Hajicek has waived through stipulation the requirements for notice and hearing pursuant to Minn. Stat §429.071, Subd. 2 WHEREAS, parcel 03- 29 -22 -11 -0001 is unique with. respect to vacancy and size. NOW, THEREFORE, be it resolved by the City Council of Maplewood, Minnesota, as follows: The following parcel, 03- 29 -22 -11 -0001, assessed as a result of Project 85 -17 said assessment be vacated by $24,422.40 and that the reassessment for Parcel, PIN No. 03- 29 -22 -11 -0001 in the amount of $110,000.00, deferred for five (5) years. Said assessment represents a lump sum for street, storm water, public water and sanitary sewer. Reassessment for PIN No. 03- 29 -22 -11 -0001 is $110,000.00 deferred for five (5) years with interest. G. PUBLIC.HEARINGS 1. 7:00 P.M. (7:08 P.M.), Carefree Cottages of Maplewood a. Mayor Bastian convened the meeting for a public hearing regarding a request from Carefree Cottages of Maplewood for approval of a lot division, a setback variance, and a subdivision code variation.. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Frost presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Mr. Bruce Mogren, Co- Developer f Mayor Bastian closed the public hearing. Variances g. Councilmember Juker introduced the following Resolution and moved its adoption: 93 - 11 - 141 ZONING VARIANCE RESOLUTION WHEREAS, Bruce . Mogren, representing the Carefree Cottages of Maplewood, applied for a variance from the zoning ordinance. WHEREAS, this variance applies to the property at 1739 -1757 Gervais Avenue. The legal description is: Lot 2, except the South 300 feet thereof, and the West 280 feet of Lot 1, E . G. Roger's Garden Lots, subject to road easement for Gervais Avenue. 4 11 -8 -93 WHEREAS, Section 36-124(6) of the Maplewood Code of Ordinances requires • a twenty foot setback from a property line for town houses. WHEREAS, the applicant is proposing a setback of five to twenty feet. M WHEREAS, this requires a variance of up to 15 feet. WHEREAS, the history of ,th i s variance is as follows: I. The Planning Commission recommended that the City Council approve this variance on November 1, 1993. 2. The City Council held a public hearing on November 8, 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. Seconded by Councilmember Carlson Ayes - all h. Councilmember Juker introduced the following Resolution and moved its adoption: 93 - 11 - 142 SUBDIVISION CODE VARIATION RESOLUTION WHEREAS, Bruce Mogren, representing the Carefree Cottages of Maplewood, applied for a variation from the subdivision code. WHEREAS, this variance applies to the property at 1739 -1757 Gervais Avenue. WHEREAS the legal description of the property is: Lot 2, except the South 300 feet thereof, and the West 280 feet of Lot 1, E . G. Roger's Garden Lots, subject to road easement for Gervais Avenue, WHEREAS, Section 30- 84(f)(4) of 'the Maplewood Code of Ordinances requires all lots abut on a publicly dedicated and maintained street. WHEREAS, the applicant is proposing a lot division that would create a lot that would not abut on a publicly dedicated and maintained street. WHEREAS, this requires a variation from the Code. WHEREAS, the history of this code variation is as follows: 1. The Planning Commission recommended that the City Council approve this code variation on November 1, 19930 2. The City Council held a public hearing on November 8, 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. 5 11 -8 -93 NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above. described code variation for the following reasons: 1. It is in keeping with the spirit and intent of the Subdivision Code. 2. The proposed lots meet all City size and density standards. 3. Existing and proposed driveways provide access to the two proposed lots. 4. The City has already approved dividing the T I F district into two parts. This approval shall be subject to the following conditions: 1. The owners recording cross easements for ingress and egress with the lot division. 2. The owner recording the deeds for the lot division within one year; unless the City approves a time extension Seconded by Councilmember Zappa Ayes - all Lot Spl it i. Councilmember Juker moved to approve the d,_sion of the property into two lots of 5.4 acres and 4.2 acres. Seconded by Councilmember Zappa Ayes all j Mr. Bruce Mogren thanked the outgoing Counci lmembers Juker and Zappa for all their cooperation and help. 2. 7:15 P.M. (7:20 P.M. ), Off -Sale Liquor License - Lauber a. Mayor Bastian convened the meeting for a public hearing regarding an application from Wendy Lauber for a liquor license to operate the Maplewood Wine Cellar at 1781 Frost Avenue. b. Manager McGuire presented the staff report. co Director of Public Safety Collins presented the specifics of the report. d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Wendy Lauber, the applicant e. Mayor Bastian closed the public hearing. f. Councilmember Zappa introduced the following Resolution and moved its adoption: 93 - 11 - 143 APPROVAL OF LIQUOR LICENSE NOTICE IS HEREBY GIVEN that pursuant to action by the City Council of the City of Maplewood on September 13, 1993, an On-Sale Intoxicating Liquor License was approved for Wendy Lauber doing business under the name of Maplewood Wine Cellar. 6 11 -8 -93 The Council proceeded in t h i s matter as outlined under the provisions of • the City Ordinance. Seconded by Councilmember Juker Ayes - all f 3. 7:30 P.M., Moratorium on Clinics MOVED AND HEARD AFTER I - 1 H. AWARD of BIDS NONE I. UNFINISHED BUSINESS 1. Reconsideration of ADA Compliance Survey Request a. Manager McGuire presented the staff report. b. Councilmember Rossbach mo ved to adoDt the staff recommendation and hire a consultant to complete the ADA Compliance Survey. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach Nays - Councilmembers Juker, Zappa 3. 7:30 P.M., Moratorium on Clinics a. Mayor Bastian convened the meeting for a public hearing regarding a proposed moratorium on clinics. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Frost presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Lori LaBey, 1758 E. Lark Avenue f. Councilmember Juker suggested staff contact the City of St Paul for any ordinance they might have pertaining to such uses as clinics. g. Mayor Bastian closed the public hearing. h. Councilmember Carlson introduced the following Ordinance and moved its adoption: 7 11 -8 -93 INTERIM ORDINANCE N0, 715 AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON NEW OR EXPANDING CLINICS The Maplewood City Council approves the following interim ordinance: Section 1, Purpose. The purpose of this ordinance is to establish a temporary moratorium on new or expanding clinics. This ordinance is not intended to prevent the remodeling of existing clinics within their current space. Clinics are a permitted use in any commercial zone. Residents have complained to the City about a new methadone clinic on White Bear Avenue. The complaints have centered on the proximity of the clinic to the adjacent residential neighborhood. The City is concerned about the potential effects of clinics adjacent to residential neighborhoods, such as traffic, parking, property values and other land use effects. The City Council has initiated a change to the zoning ordinance to address these concerns. The City should not accept applications for new or expanding clinics until the city adopts a new ordinance. Section 2. Restrictions. Pursuant to Minnesota Statutes Section 462.355, Subdivision 4, the City shall not accept applications for new or expanding clinics. This restriction shall not apply to clinics that are remodeling within their existing space. The City Council may waive the requirements of this section where the new clinic or expanded clinic would not be within 350 feet of a residential lot line. A residential lot line is the lot line of any property w:i th a residential building on it or any property that the City is planning for residential use on its land use plan. Section 3. Term. This ordinance shall be effective until February 28, 1994 or whenever the City Council adopts a new ordinance on clinics. The Council may extend t h i s term if they determine that they need additional time to study a new ordinance. Section 4. Effective Date. This ordinance shall take effect after adoption and publication. Seconded by Councilmember Zappa Ayes - Councilmembers Carlson, Juker, Rossbach, Zappa Nays - Mayor Bastian 2. Sign Plan Changes: Birch Run Station a. Manager McGuire presented the staff report. b. Director of Community Development Olson 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. John Johanson, representing Birch Run Station r 8 11 -8 -93 d. Councilmember Zappa moved to allow removing the sign on Southlawn and to erect a V shaped sign with a l i m i t of 300 s4. ft . and 50 ft. in he i and a panel on the siqn on Beam. Seconded by Councilmember Juker Ayes - Councilmembers Juker, Zappa Nays - Mayor Bastian, Councilmembers Carlson, Rossbach NOTION FAILED e. Councilmember Rossbach moved to allow ,removing. the sign on Southlawn and to erect a V shaped sign with 450 s.g. ft, and 50 ft. high. Seconded by Councilmember Zappa Ayes - Councilmembers Juker, Zappa Nays - Mayor Bastian, Councilmembers Carlson, Rossbach NOTION FAILED f. Mayor Bastian moved to accent the staff recommendation to: 1. Waive the maximum sign area for the existing sign on Beam Avenue and the proposed sign on Southlawn Drive. This would allow a 420 - square -foot sign on Beam Avenue and a 720- square -foot sign on Southlawn Drive. The maximum size allowed by Code for each sign is 300 square feet. 2. Waive the maximum combined area for the two ground signs on Southlawn Drive and Beam Avenue. The combined area of these two signs would be 1140 square feet, or 690 square feet over the Code limit, 3. Waive the maximum height to allow a 70- foot -tall sign on Southlawn Drive. The maximum height allowed by the Code is 25 feet . 4. Change the Birch Run Station Sign Plan to be as follows: a) Signage for the outlots shall be subject to CDRB approval upon submittal of those individual sign proposals. b) The shopping center identification clock tower sign is not approved. Plans shall be submitted for CDRB approval. c) A pylon sign is approved on Beam Avenue as shown on the sketch dated August 12, 1993. A second pylon sign is approved at a maximum size of 720 square feet and a maximum height of 70 feet. This sign shall replace the existing pylon sign on Southlawn Drive. The wall s i gnage for the five original anchor stores are approved as described in the memorandum dated September 5, 19890 The office Max wall sign is approved as described in the October 7, 1993 staff memo. Changes to anchor store .signs may be approved by staff, based on code compliance and proper design. The applicant may place the Maplewood City logo on the pylon signs, subject to design approval by staff. d) Tenants shall be limited to one sign on the front fascia of the canopy. These signs shall be neon or constructed of individual letters, mounted on a raceway. Copy height shall not exceed 42 inches. Signs shall not be closer than 18 inches to either side of the tenant;s store front, This criteria allows an exception for the Famous Footwear sign to be eight inches from the right side of the store's edge. A future sign for the tenant 9 11 -8 -93 to the north must be at least three feet from the Famous. Footwear. sign. When the Famous Footwear sign is removed, a new sign shall be at least ten inches from either side of the gable facade. e) Business identification signs for the west and north sides of the shopping center shall be subject to approval by the CDRB if proposed in the future. f) Six anchor store tenant signs are allowed on the east - end elevation facing Southl awn Drive. These signs shall not exceed two feet in height and must be centered horizontally on this wall. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach Nays - Councilmembers Juker, Zappa MAYOR BASTIAN LEFT THE MEETING AT 8:53 P.M. AND ACTING MAYOR JOKER ASSUMED THE CHAIR. 3. Truth -in- Housing Ordinances: a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Acting Mayor Juker asked if anyone wished to speak before the Council regarding this matter. The following was heard: Lori LaBey, 1758 Lark, representing the St. Paul Board of Realtors Ordinance Exempting Family Members (page 3): 1st Reading d. Councilmember Zappa moved to adopt the Ordinance on page 3 of the staff moo- NOTION DIED FOR LACK OF A SECOND NO FURTHER ACTION WAS TAKEN Ordinance Deleting Exemptions (page 4): 1st Reading e. Councilmember Carlson moved to approve the Ordinance on page 4 of the - staff repo., rt . Seconded by Councilmember Juker Ayes Acting Mayor Juker, Councilmember Carlson Nays - Councilmembers Rossbach, Zappa f. Acting Mayor Juker moved to table for two weeks, to November 22, 1993. Seconded by Councilmember Carlson Ayes - all 10 11 -8 -93 Ordinance on Penalty for Violation (page 7): 2nd Reading g Councilmember Zappa moved to table theOrdinance . on aagg_7 of the staff report for two weeks. to November.22, 1993. Seconded by Councilmember Rossbach Ayes - all h. Councilmember Zappa m Seconded by Councilmember Rossbach Ayes - Acting Mayor J u ker, Councilmembers Rossbach, Zappa Nays - Councilmember Carlson 4. Flandrau Street Vacation a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Acting Mayor Juker asked if anyone wished to speak before the Council regarding this matter. The following was heard: Marvin S i gmund i k, 1697 E. County Road C d . Councilmember Zappa introduced the following Resolution and moved its adoption: 93 11 - 144 STREET VACATION RESOLUTION WHEREAS, the Director of Community Development requested that the City Council vacate F1 andrau Street, from the north l i n e 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 t h i s 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: 11 11 -8 -93 1. 1597 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. County Road C. legally described as: IN SECTION 3, TOWN 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. Part of the driveway for 1681 County Road C i's on the right -of- way . This vacation is subject to retaining a drainage easement over the entire right -of -way. Seconded by Councilmember Carlson Ayes - all J. NEW BUSINESS. 1. Animal Boarding and License Fees a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the report. c. Councilmember Zappa moved to increase the impound fee from $5,00 to $ 25.00* Seconded by Councilmember Carlson Ayes - all 2. "No Parking": Connor Avenue East of TH 61 a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Zappa moved to accept staff recommendation to: 1) Establish a no- parking zone on the north side of Connor Avenue from Highway 61 to Duluth Street, 2) Revoke the no- parking restriction on the west side of Duluth Street from Connor Avenue to 500 feet north. Seconded by Councilmember Rossbach Ayes - all 12 11 -8 -93 3. Drainage Problem Budget Transfer - Mobile Home Park west of TH 61 a. Manager McGuire presented the staff report. E, b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Zappa moved to approve -a $3, 000 budget transfer from the Contingency Fund to the Public Works Maintenance Material fund for purchase of culverts to install in the drainage ditch along Meadow Lane ,right-of-way adjacent to the mobile home mark west of TH61. Seconded by Councilmember Rossbach Ayes - all 4. Litigation Settlement: Budget Transfer - Kastner a. Manager McGuire presented the staff report. b. City Attorney Kelly presented the specifics of the report. c. Counci l member Zappa moved to approve the l egal settl ement. i n the Kast_ner 1 t i,gat i on and to transfer fer $ 10 , 000 from the Contingency Account to purchase Lots 22 and 23, Block 14 Gladstone Plat 2. Seconded by Councilmember Carlson Ayes - all 5. Loud Radio Ordinance a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the report. C. Councilmember Zappa moved first reading of an ordinance prohibiting loud noises from a motor vehicle to be heard within 50 feet of that vehicle. Seconded by Councilmember Rossbach Ayes -all K. VISITOR PRESENTATIONS 1. Lori LaBey, 1758 E. Lark Avenue a. Ms. LaBey questioned whether a light is going to be erected at Prosperity & Lark as the light currently on the C l i n i c ' s door shines in neighbors homes. She also asked for an update on the fence. b. Manager McGuire stated he had heard from Ramsey County that they are working with the Clinic to extend the fence to the berm. c. Ms. LaBey stated she had done surveillance of the Clinic on October 30, 1993. Approximately 188 people were there and the hours were extending past 10:16 A.M. She stated cars are making U- turns, 11 cars went into the neighborhood, and she viewed a police vehicle in the parking lot. She stated there were loud voices, slamming doors, squealing belts and tires. 13 11 -8 -93 2. Robert Emerson, 2225 Prosperity Avenue a. Mr. Emerson spoke on behalf of the clinic. He stated clientele are using the chiropractic office late and cars are parking on Prosperity & Lark. 3. Kevin Berglund, 1929 Kingston a. Mr. Berglund complimented the Police Department. He also complimented Councilmembers Juker and Zappa on their dedicated service to the community. 4. Jeff Schoenwetter, K & J Corporation a. Mr. Schoenwetter expressed his concerns regarding the delays in developing his property at the southwest corner of English & Frost Avenues. He questioned the Council as to how the open space referendum approval will affect his development. b. Mr. Schoenwetter was informed that there w i l l be no action on open space until after the first of the year.. M. COUNCIL PRESENTATIONS 1. Police Administrative Assistant a. Councilmember Zappa moved to direct the Manager to prepare a report on the role of a Police Administrative Assistant. Seconded by Councilmember Carlson Ayes - all 2. Fire Department Contracts a. Councilmember Zappa stated the Council received a memo regarding an extension of the fire department study. 3. Junk Shop - Frost Avenue a. Acting Mayor Juker commented on the "Fix -It or junk shop" on Frost Avenue and stated it is becoming an eyesore. b. Councilmember Carlson moved to direct staff to investigate the shop and bring back a report, Seconded by Acting Mayor Juker Ayes - all 4. Light on Methadone Clinic a. Acting Mayor Juker stated she had been informed that the light on the Clinic is shining on residents. b l Staff w i l l investigate, N. ADMINISTRATIVE PRESENTATIONS 14 11 -8 -93 H. ADJOURNMENT OF MEETING Councilmember Zappa moved to adjourn the meeting. Seconded by Councilmember Carlson Ayes - all Meeting adjourned at 10:18 P.M. Lucille E. Aurelius City Clerk 15 11 -8 -93 AGENDA NO. IE4 I Action by Council AGENDA REPORT Bridorsed Mo dify. ed,..�, To: City Manager 3ReJ ected. g Date FROM: Carolyn J. Ganz, Actin g Human Resource Director RE: HUMAN RELATIONS COMMISSION APPOINTMENT DATE: November 12, 1993 INTRODUCTION At their meeting on November 9, the Human Relations Commission voted to recommend the appointment of Carol Cude to fill the existing vacancy created by the resignation of Sister Claire Lynch, O.S.B., whose term expires 12/31/94. Ms. Cude will be at the Council meeting on November 22 to answer any questions. I have attached a copy of her application for your review. RECOMMENDATION It is recommended that Ms. Cude be appointed to fill the remainder of the vacant term on the Human Relations Commission. tmc Attachment CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME C � J U E Ol U11K log AUG 31993 U i 2 ,- ZIP ADDRESS �c. r oo �r 1 } How lore have you lived in the City of Maplewood ?' g 2 } Does Y our . e require travel or being away from the Y - No mmun i ty which woul make regular attendance at meeti ngs difficult? Yes 3 } On which Board or Commission are you interested in serving? (check) Community Design Review Board Park & Recreation Commi ssion Housing & Redevelopment Authority _Planning Commission Human Relations Commission Police Civil Service Commission 4 ) Do have s pecific areas of interest within this Board's or Commission's scope of you any responsibilities? s 5) List other organizations or clubs in the Community in which you have been or ai an active participant: it / ' o c u )dou 6) Why wy like to serve 'bn this Board or Commission? ADDITIONAL COMMENTS: AGENDA NO. -I ..� AGENDA REPORT Act ion by Counc I . T(J: City Manager Endorsed FROM: Finance Director Mo dzf l --- Rejecte RE: APPROVAL OF CLAIMS Date DATE: November 12, 1993 It is recommended that the Council approve payment of the following claims: y g ACCOUNTS PAY ABLE: $ 529,777.70 Checks # 1659 thru # 1708 Dated 11 -9 -93 thru 11 -9 -93 824,683-31 Checks # 11660 thru # 1178'6 Dated 11 -22 -93 $ L354,461.01 Total Accounts Payable PAY ROLL: $ 204,903.47 Payroll Checks # 37405 thru # 37589 dated 11-05-93 45,504.55 Payroll Deduction check #37592 thru # 37611 dated 11 -05 -93 $ 250,408.02 Total Payroll $- 1, 604, 869 .03 GRAND TOTAL Attached is a detailed listing of these claims. lz Attachments FINANCE/APPRCLM.AGN VOUCHER/CHECK REGISTER Y6 FOR PERIOD I 1 ..... ..... H V 2 HE:*:c D JD' V' EN: :R ITEO 3 d A, I 4 4 5 5 1659 320500 $ 6 7 6 MB 110.58 7 NOVEX R E PAtCM U 1 4 6 u:: sk, 10 9 12 10 1660 501400 11/01/93 MADISON NATIONAL LIFE 1,793.13- 13 14 15 12 1661 551100 NOVEMBER 199 PREMUIM 3-39 .88 15 13 14 20 16 21 17 1662 1806100 FEE 302.50 302.50 22 23 18 24 19 20 ......... 22 NOVEMBER 1993 PREMUIM 0: 90 557 23 29 23 30 31 24 1664 941080 RHAUSI JAMES Zw5l. 4 6 Z5rl '46 32 2% 26 27 -0;5 . . . . . . . . . . . 35 36 28 166.6% 04140-0 I TE TRFASURER MOTOR 'VEH LIC FEES PAYABLE 27 37 29 38 39 30 4qO43.5T 31 32 40 41 42 43 33 44 34 45 35 1668 50 I r 505 li APPROVED ALLOCATION TO INTERN. zoo 00 200 00 46 36 47 37 U -- 38 39 - ... .... . . . . . . . . . . . . 51 51 51 40 1670 56-1 50 33.38. 3 3.38 52 53 41 FA 55 42 1671 541400 739.00 739.00 56 43 67 44 R 45 46 167:3 310900 11/03/93 GOVERNORS RESTAURANT N NOV. 4TH 917.00 9 2.00 61 47 62 w 48 1674 010295 50.00 64 49, V L':: , C N:I:N-.G 7 - 65 50 - 66 67 51 . :0 :L Pf I ri 52 E 11 T 19.zo 68 69 53 17.76 70 54 TRAVEL & TRAINING 5.00 71 72 55 Z9 P*R:Q,:G R AM $U. P p 1 E s 73 56 74 75 157 VOUCHREG CITY OF MAPLEWOOD. PAGE .2 ll/lZ/93 10:55 VOUCHER/CHECK REGISTER /6 FOR PERIOD 11 q . w . Ur V C 2 V. .0 �D:f IR C fj v4 H C-K 14 Tt;M 2 3 3 R Xl. -m— - LGE '01 M ..*,,, ; 4 4 5 5 REPLENISH PETTY CASH 3.43 6 7 6 R E P L E N I S H P E T T Y C A S H 1 2 . 2 7 7 or A 'N 4 F 'd . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07HR 0. N ........... N . . . . . . . . . . . . . . 9 . . ......... . ......... .... . .. ... 12 10 13 11 885.00 k 885.00 14 15 12 16 13 1 3 17 14 18 19 15 EN =5 .0 20 16 21 17 1679 541400 11/03/93 MINN. STATE TREASURER FEES PAYABLE 5 18 Z 5 5 18. Z7 5 22 23 18 24 19 E P�;E:R A-:;� Eii:;,,,D 25 20 .. ......... ...... ::Q.N . 26 27 21 . .. ......... .. ............... no 22 1681 1014Z5 11/04/93 BUILDING COORINATORS, INC. ROW 29 23 1 30 31 24 1682 661750 16-517.73 32 25 t' T� T T 26 �7 I L t T'l E a I 34 35 35 27 36 28 :3 1 , 37 29 ZIT.44 38 3 30 40 31 . .............. U , 4 33 34 UTIL I I TES 1401 z 17 .30 45 35 156m35 46 47 36 349.63 48 37 I L E S 49 38 r '50 5 39 52 40 UTILITIES .7-740 35.17 53 41 fA 55 42 1683 541400 362.00 36Z.00 56 43 57 44 1� 1 10 S ..... .......... .. ... ..... 4. :3 58 59 45 6 0 46 1685 500426 14.85 61 47 SUP I 1 51 26.36 62 63 48 fA 49 QH S 09N: R A I D: . 0 0 65 50 . 66 67 51 u - u RRA N 68 52 69 53 1689 810TOO 81449.34 70 71 54 72 55 169+1- 190 40.0+ 11/05/93 D-E F4 T 0 NAT UR.:A.L RESOURSES D N�R. YrASLE: 0 2 0 0 N$ FU A ZZ 73 56 74 571 75 ... ... . . I 36 I 37 28 0 29 CITY OF M A P L W 0 13DI 38 F. I C.. A, 11/0 P/*R 9 39 VOUCHREG 11/ 12/90- 10:55 VOUCHER/CHECK REGISTER ,W �1.1 ��P/R 41 31 32 FOR PERIOD I I Y6 34 35 10 CMA RETIREMENT TRU'ST-457 WORKER'S COMP fs. Z. . 0 47 3 2 4v 49 I7 "��."T'il,i-l" . ...... .... E;:C I P.T:;�.l GN UJN T; 152 u E. I H 4 5 40 10 41 i692 541400 i i /oei/93 MINN. STATE TREASURER ST ATE DRIVERS LIC FEES A YABLE 9510.50 950.50 6 7 42 I -OVER 8 I Ll . . .......... 9 10 7 39.75 47 8 . 0 0 I 0 6 1.5 O., UTILTIIES. rA 13 10 ...... 65 .... . ..... . .... ...... . .. 66 60 UTILITIES Z03 16.80 14 I 9 . ..... 68 UTILITIES 618 7.40 15 iO6.44 69 .70 53 U T I L I T. I ES-�, 6.1 8 16 a O., 16 12 13 .46 . . ........... . ..... . ... . 17 73 i 74 19 14 i75 76 20 i5 UTILITIES 1825 T.40 21 22 17 7 7 87 UTIL-IT.IES 1839 23 U T L.1 TJ ES 1-$45 94 18 i9 .......... 25 26 I 20 21 UTILITIES Z 101 22 23 UTILITIES -2133 24 UT.1 Ll T I ES, 2.4 32 .'33 ... ... . . I 36 I 37 28 0 29 1695 TZ0768 ER 8 ANK 38 F. I C.. A, 11/0 P/*R 9 39 F T /0'5/93, 12 I's IQ 7 6 40 30 ,W �1.1 ��P/R 41 31 32 33 34 35 10 CMA RETIREMENT TRU'ST-457 WORKER'S COMP fs. Z. . 0 47 48 36 4v 49 I7 "��."T'il,i-l" . ...... .... .......... . .. . .. . . ............. 152 53 40 10 41 ITOO 310400 COMPANY 42 I -OVER 44 i 45 46 39.75 47 UTILITIES IT51 l 30 I 0 6 1.5 O., UTILTIIES. rA 48 .. ... .. ...... 65 .... . ..... . .... ...... . .. 66 60 ......... 67 I 9 . ..... 68 51 52 iO6.44 69 .70 53 651 .66 71 .46 54 73 i 74 6 5 i75 76 VOUCHREG CITY OF MAPLEWOOD �PAGE 4 11/1Z/93 10:55 VOUCHER/CHECK REGISTER FOR PERIOD 11 v i O'U C KEA V c "IEN c: H -E ND OR- T I E C CX 2 3 D jq 4 144.51 6 7 UTILITIES 9 Z 5 .......... 142.3Z U Tbl �L: E .6 . 0 4:7 4 10 . . ... .. .. . . . . . . . . . . 12 1702 560401 ZO.00 ZO.00 13 14 15 U.S. SAVING BONDS P/R'S 93T.50 93T.50 16 - 0 - F4, t 5.4 N STA: 19 20 AYABLE 10,446 -$8 21 - 22 23 1706 531650 11/09/93 METRO W ASTE CONTROL COMMISSN 171,475 Oo r 17141475.00 24 .:27 1708 04ZZ00 11/09/93 ASSOCIATED BUREAU$, INC. 57.75 57.75 29 300 31 11660 01OZ90 R W 19.,994.48 19.1994.48 32 5 . . . . . . . . . . . . . . . . . . 36 11 4 105 T 15 7 8'" 78 ge 37 38 390 116"6 3 0�.Z 0 OZ., 5 ......;,.;..: S.ON, INC. 45ZI155.50 40 3 4 45 11664 020400 PAGER AIR TIME NOV 93 80.30 460 47 0 : L 48 A .. . . ... . . . 53 11667 0211$0 5.T5 5175 54 55 56 N: A- �A -STE A C MA N n 'AL .1 4 :7 58 59 .9 A 'N :SUP T 4 60 61 11670 030420 400.00 400.00 6210 63 64 61 T z Z C ! .0 ANDR�EW S TT T R A V. is� T R A I N 1, :N;G: 66 67 Vr �'I N N i- -A Tp :L AN. I M A TR C N 4 68 69 11673 031100 33.00 70 Ig 1 8 0 0 5 1 0 0 71 72 73 74 75 76 VOUCHkEG C ITY, 0 r" MAI LE'Wooty 11/12/93 10. P. R VOUCHER/CHECK REGISTER FOR PERIOD 1.1 8 Y6 -E 2 VE' 3 M'! 14E'0 I T�;E:� 2 . ...... N: -A DES -C t* M' NT: 4 3 4 -571 6 r 5 11674 01,90750 li/22/93 AUTOMATIC SYSTEMS REPAIR MAINT/UTILITY 571,50 -.50 7 6 . . ..... .. . 7 . ... . ...... .. ..... . . . ........... . . . .. .. .... .. .. .... .... 10 .... . .. .... .. .. .. . . -7. 99 .. .. . . . .. .... . 2 ...... .. ...... . ER 10 11 11676 061900 14 15 SU Pp LIES VEHICLE 16 12 ............ ...... .......... 13 . ...... .. .......... ..... .... .. 19 7 8 14 20 15 . . . . . . . .... 16 83.46 21 22 17 23 24 18 . ......... 25 19 26 20 27 28 21 29 22 23 11680 091455 30 CT* 6.3 7 5 31 32 24 33 25 4 26 ........... .......... 27 28 29 11683 110 200 It/ZZ/93 CALIBRE PRESS 38 135;0 0,0 1- 0 0 30 40 30 41 3 ....... .. . . ....... ..... 42 .......... .... .... 43 32 rd" 44 .............. ... 45 34 35 11686 110875 T PROTE S 46 , 73():o 00 730.00 47 40 37 . ......... .... ...... . . . ..... ... .. . ............ 38 39 40 11688 1203T5 MAINTENANCE MATERIAL I T I T 41 49 $os CeNTRAL STOES� 's u P P L I Es �OFFJ 56 43 ............. ..... ... .... 67 68 44 45 WPWIN 6.0 UPGRADES 4 v 8 11691 151405 41 48 692: 1523 it /22/93 COPY DUPLICATING PR 0 D SUPPLIES EQUIPMENT . 64 .90 49 U PF C97 1.65 H:Op:; �,.P R.+ -016 R"A K 87 1 53 11694 180110 3 3 9 7:7.7t 2 0 70 71 �2 54 56 0 0: -D LUN OT 77 73 7 4 56 .75 76 57, VOUCHREG CITY OF..MAPLEWOOD PAGE 6 VOUCHER/CHECK REGISTER FOR PERIOD 11 Y61 78 R 2 Nw 0*R-:::`:: M 3 3 E �. N . .0 4 4 . 5 7 6 PLUMBING. INSPECTION OCT '93 7 . ........ . m s i 8 9 -9 :A 10 IPMENT' 154.59 1 3 11 12.24 1 is 4 12 EQUIPMENT 56.8 233. 16 13 7 14 r 4 4i . . . . . . . . . . .. .. . . . . . . .0 -*w 18 19 15 20 16 11698 190 t�05 11/22/93 DEMALIGNON 25 .00 5 0 0 21 22 17 23 18 11699 Z00875 MS. INC. 390.00 24 19 20 21 28 22 Z I 03Z5 ECHANICAL, I N C 29 23 16 1 599 30 30 31 24 16.11599 .30 149.,393.T 32 25 27 28 37 29 1 ITOZ Z315Z5 380 39 30 0 31 AR 32 3 3 . . . . . . . . . . . . . ..... ... .. 4 11704 30,2100 NE PARTS COMPANY SUPPLIES VEHICLE 91.99 91.99 45 35 46 47 36 11705 3OZ300 Z5 .00 48 37 38 m 39 ..... . . ... 52 40 53 41 11T06 3OZ900 66.10 66.10 5410 55 42 56 43 , Z y E P�44y:: 44 59 59 45 60 46 47 11709 370076 T 61 6210 63 48 4 91000.00 6.4 49 65 50 r - AN-:N T �R-:EFUND AS KE - B 6 L ' 0 �a.o : .0 66 67 51 68 52 11711 370080 69 53 70 71 54 2 8 4 0 0 0 - 4 56 72 551 73 56 74 75 57 761 m VOUCHREG CITY OF MAPLEWOOD PAGE 7 10:55 VOUCHER/CHECK REGISTER 7 6 FOR PERIOD 11 7 7" . 2 :V U ' C L H" N 00 V 0 R L T T L :k 2 3 3 NUM UM9ER DA E: N A 018 -:M 4 7A V.N 4 5 11712 390300 11/22/93 INDUSTRIAL SUPPLY SUPPLIES EQUIPMENT 12.45 12.45 6 6 7 2 x -4 fm . . . . . . . . . . . . . . . . . . . . .. . . . . . . . E . . . . . . . . . . . . . 9 8 17 1, A , :5 j r Z 2 '.� 9 : : . , . . . r - -15- Ot AT E N�C jo L: 15 I . j E L !or *00f) . . '' _ ' 'r, r r L' . j :.� 1:.m . L : Lr r r . . . .. " ':, .: -, " � ':' 'r L : : L . .::;� L:� ::: * L'L::r.' p . 1 ........ . .. *r* 0: T .—IQ0 -.S 13 10 oil I T 15 4 11/22/93 JWP TELECOM INC. INSTALL Z PHONES 4 T 5 6 7 14 15 12 TELEPHONE 68 F 44, 16 17 13 1 4 0 J � Q. U -33".3' 0:0 18 19 15 20 16 11717 420108 11/22/93 KIMBALL MIDWEST MAINTENANCE MATERIAL 107.58 107.58 21 22 17 23 18 11 T 430420_ 11 Z 1 9 3 KNOX.LUMBER M A 1 N ANCE M A T Em.R A L 5 0 E N 24 .18 T 19 ; 26 20 27 2 1 Kok T1 28 22 1 09 . 48 29 a 23 T6 . 9 5 383. 19 30 3 1 24 2 s 32 26 27 .. ..... ... B TKE . . .. . . . .... 35 ro 37 28 29 11722 511600 RE ENT 2 9 0 s 1 3 9 2 0 .3 38 1 ( 39 30 31 40 32 42 43 33 . .. . ... . ... .. ..... ...... . 44 34 VEHICL, 450.00 450 00 45 46 35 47 36 117 25 2 2 9 3 M EEHAN JAMES t 2 0: 0 UNIFORMS 00 0 48 37 38 ..... . .. ....... I m ........... . .... .. ..... .......... ........ ..... 39 40 1172 570050 249.00 249.00 53 54 41 55 42 1 17.28 5TOO90 1 1.122/93 MOGREN BROS MA IAL T 9,08 8 56 57 43 44 ......... -A. .. . .. 59 45 ......... ......... 60 46 . .... . i - T3 0 630600 11/22/93 NATIONAL BUSINESS SYSTEMS 956 T 0 956.70 61 62 47 63 48 1 734 630745 26.0.65 260 615 64 49 so -R 66 "U F 67 51 68 52 11733 640550 VE 24 2 1 24. 2 1 69 70 0 53 7 1 54 1 1 T34 66055 19 145 . 41 19 .145.41 72 55 73 74 75 571 m • I VOUCH CITY OF MAPLEWOOD PAGE 8 11/1Z 11 :55 VOUCHER /CHECK REGISTER 1 FOR PERIOD 11 1 2 VOUCHER/ CHECK VENDOR CHECK VENDOR ITEM ITEM 2 CHECK 3 � 3 R N M • : ATE . hLAM SCR IP ION N 4 5 4 15 11735 6x.1181 11/22/93 NORTHERN AIRGAS SUPPLIES - EQUIPMENT 62.40 62.40 6 � 6 7 11736 662201 11/ZZ/93 _ NORTHWEST FABRICS _ __ ._.. _.._ ___ - _ ._ PROGRAM SUPPLIES 8.53 8 8. 3 10 11 • ' tl 9 # ... T .. PAYING AGENT FEES .. 4 , '. 12 Z40 10 ` 11 ,j CY �� . 3 S 14 15 12 _. _. , '3 is ! 3618.34 17 42501-00 19 • 1 5 .. Y.�w , 4: 09 20 445 . 00 91 16 17 45.00 22. 23 4Z5.0 0. 24 18 : ; 4 25 w 00 25 19 31.1 w 6 7 26 , r ............ .. 4 • , ? z ;,'• y �p �. 28 :3 11. 6 T 29 22 X 23 311.6 7 3 0 2 4 .- 3 11. 66 25 .3.., tS 33 . ' e...M b 3 6 F! • 7 35 4 If 27 1 t ` 36 28 11738 670985 i l /ZZ /93 OAKDALE, CITY OF FOOD FOR RED RIBBON RALLEY 66.88 66 .88 37 r 29 3a 39 30 11739 680600 1 1 /ZZ /93 OCTOPUS CAR WASH CAR WASH 7.50 40 31 C AR WA SM f?' ..5.1 a2 32 '' CAR WASH ±�0 43 33 :. CAR H " WASH 44 34 CAR WASH 15.00 45 35 CAR WASH 7 0 50 150.00 46, 48 37 11740 '700550 rI/2." /"93 P:M PUBLISHING 'DEC I+ APLEWt�OD IN MOTION �QO.�,�"� 400.00 48 50 51 , 38 .. s, :. :. ff► 1: � E �y /� �y rryy GTI+ON FOR:< 0 -T 7F a'. . .. : .' : 52 40 INSPECTIONS FOR OCT 93 6, 910 . Z 1 53 41 INSPECTIONS FOR OCT 93 ti•, 910 . L 1- 5 5Z8 . 17 55 , 42 �. 56 43 11742 710800 11/22/93 PET CONNECTION _ PROGRAM SUPPLIES - )$ »�� 57 1�.3$ ' 44 58 59 , 45 NOTO . TO 60 PHOTOS - :'.:.. .. '' .:: 60 46 SUPPLIES - EQUIPMENT 31.63 b 47 PHOTOS 3. 04 63 � 48 P H O T O S Z. 7 6:1 - -- 64 49 - PHOTOS 7.56 49.92 65 t 50 67 51 11744 7 lz 11 I I I/•..2/9 P AZA TIRE AND §ERVIC INC REPAIR & MAINT /VEHICLE 39 »00 w 52 REPAIR & MAINT /VEHICLE 293.63 ba 1 53 REPAIR & MAINT /VEHICLE 335.92 71 54 R EPA I R & MAINT /VEHICLE 12. 90 r,S 1 .45 55 56 73 14 15 57 76 VOUCHREG CITY .. ....... .. .. .... ..... OF� MAPLEWOOD t 7 11/12/93 10:55 VOUCHER/CHECK REGISTER Y6 FOR PERIOD i I 8 , 2 E' -.7 t1tM 2 3 3 N U M B E R.*,':': N U.m B-E�R kT NA m PT A 0 4T.'..". 5 4 5 11745 712 11/22/93 POGALZ REFUND GIRLS BAS 25.00 00 6 7 6 7 I IT .... . .... . - . .. . ........ . 0 9 0 "wm. 1: - 1.'A Ll 4 z 19 c . U,L,�** ' 8 PREP - TAN T .... 4 �. u 9ai by %, .. 0 10 FEES CONSULTING SEPT 93 170.00 340.00 13 14 12 11748 721LI20 11/22/934 PROFESSIONAL TRAINING ASrSOC a. RENEWAL OF SUBSCRI PTI ON 00 48.00 16 & 17 13 14 . . . . .. . . . . . . . . . :�T 0 -;N AN T V W A. E, T! R 18 19 15 16 I . — 1 1, 7 m - 5 m 0 741200 11/22/93 RAINBOW FOODS PROGRAM SUPPLIES mar. 3.81 3.81 20 21 22 17 23 18 1 175 1 T4 1 300 1 t/22/93 RAMSEY CL I N.1 C PRE-PLACEMENT EXA m 6r6 o'O z' 24 19 ....... .. . UA X. 14 .. ... .... . . ....... . 26 20 21: Pl:i o ... .... . t"SH N U. AV N: C m ' A:' 0 P; . . ..... 0 H: T 27 28 29, 22 23 1 17053 750920 35.00 35-00 301 31 24 25 ..... ........ Ti, L i�..7 33 34 26 27 Fq;: qi SUP: F :i;� 'A."N -1-:* TOR 4 . a 35 36 37 28 29 1IT56 TT0950 11/22/93 RYGWALSKI 9 MICHAEL ETBALL, �.25.00 Z5.00 38 39 30 31 i!.' tHi. 14 iii! SS 40 41 42 32 :% Ql L I OF F C .. U PP. . .. . ..... . .... 43 33 u P F' l. -w. 44 34 1 65 45 46 35 SUPPLIES - OFFICE 67.33 47 36 SUPPLIES OFFICE 25o.,04 28T 4E 37 .. ... . ...... . .......... 5( 38 .P oi . . ... . . ... 6 TV 5i 3W 40 11759 T90080 44.TO 44.70 51� 41 42 11760 790210 11 2 3 *ATH T - - y C REFUND GIRLS BASKETBALL 295.0 Or 25.00 5( 43 44 S ................. (Y: 45 46 11762 8401;oo . .... .. 20.81 6( 6" 6: 47 G 18.83 6: 48 6.69 46,33 Y p 49 50 flj CIO p 5 ArU:L -A-1.01"os -FO 6' 51 -:1 N:G:E.R.P::k - N`T,� ...A 15 N Y .. .... . 61 6! 52 53 1IT64 843250 80.00 �80 00 71 7 54 55 1�6 54. �8 43-5 RATE G 1: - S C 4 C 7 7 56 7 L571 VOUCHREG CITY OF MAPLEt-*Wi*--10D FAGE 10 11/12/93 10: 55 V 0 u" H E R / C H E C K R E (:'I I S:'T E R FOR PERIOD J.1 78 ► VOUCHER/ CHECK VENDOR C HECK V E N D 0- R ITEM I TE M t 2 CHECK 3 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 4 5 11766 843537 11/ STRATUS REPA IR.S' & MTNC.E. /E,,-iUl PMENT 1 1 93 6 40f) 1 . 7 8 1 1767 843575 11/2Z/93 STREICHERS GUNS EQUIPMENT - OTHER 859.36 859.36-1 10 11768, 850379 11 / Z Z 9 2.a. U E: - W A Y PROGRAM SUPPLIES 1 .3 . 5-10 6- . 9 0 12 13 1 1 7 /*:') 9 851550 11 / 3 SYSTEMS SERVICE COMPANY SUPPLIES OFFICE 2/- 0 - 15 ZO.i5 14 15 11770 860080 11 /ZZ./93 T.A. SCHIFSKY & SONS, INC MAINTENANCE MATERIAL 551 -55 16 17 MAINTENANCE CE MATERIAL 8 5 . 5 Z 8 837.07 19 20 1 1.771 860100 11 2 T.J. AUTO PARTS SUPPLIES - VEH.1CLE 115-33 115.-3 2-1- 21 22 1 1. 77 8'it" 0 6 5 0 1 // 93 2- Z` TARGET STORES.-CPC A/R SUPPLIES - JAS I 'TOR I AL • I cri 915 23 24 25 11773 861 1.:- 2 5 11 /ZZ/9.'-; TET REFUND BASKETBALL 25.00 25. 0 0 26 27 28 11774. 8 6" 2 IS' 5 0 11 9 3 THOMALLA, DAVID TRAVEL & TRAINING 5p 87 25.87 3 0 8 8 7 5 1. 1 21 9 T R 0 f--'H I E Sf U N L I M I T E D PRO G`RAM SUF4*`*LIES 40.61 32 PR06RAVI SUPPLIES 3 33 PROGRAM SUPPLIE-S 42.60 31157.91 34 35 11776 880750 11/ZZ/93 'TROY CHEMICAL INDUSTRIES SUPPLIES - JANITORIAL 36.21 36 3 it. 1 37 38 11777 881500 11 TWIN CITY FILTE SE R RVICE SUPPLIES - EQ U ]'"PMENT 99 11-1 . 39 40 9 c i I 11778 882050 11 /ZZ/93 TWIN CITY MAP CO, SUPPLIES - OFFICE 44-45 44.45 11779 8 800 11 / 2- A2' / 9 3 TWIN CITY TRANSPORT TOW '.--JWEEP't'-R 79.88 7 9 . 8 45 46 1 1 .7 _. _ 114 0 0 0 11 / 2 �--' 2--1 / 3 U h! I F 0 R tyl S U N L I M I If E, 101 U N I F 1*-"l R lyl S L OT H 1 NG T 5 'I'll 4 UNIFORMS & CLOTHING 86.26 49 UNIFORMS & CLOTHING 175.77 50 U N I F 0 R 11-S & CLOTHING 47.70 51 52 UNIFORMS & CLOTHING 191. 1**, 53 U N I F 0 R 11 S & CLOTH I NES 1 5 54 U 1.4 F !-3 Fk` M S C L 0 T 1--is I N G 2-* 4 7*13, UNIFORMS & CLOTHING 151 a 9 2,' 5 UNIFORMS & CLOTHING 8 ' -- 1 1 1 4 -3 1 58 _ -- ___ -- _ �9 60 1 17,_c 1 51 5 0 0 11 2 /9 3 VAS-4-`O RUBBISH REMOVAL r _ _ VAS .ti RUBBIzi Ll H R E ivi '"'i V A L 10 0 6. 0 _ 10 0 6 0 61, 62 9 1 1 0 VIRT U PRINTING ---------- - SUPPLTES OFFICE 7 6 _ ,�; 63 76 CA 64 1 17 9 4 7 - '' 5 1_a 11 2 /`' 3 WIRT RA A, DEB REFUND D'A S K` E T L-*.'A L L 215.00 65 25.0 66 0 6? I 1 4 5 0 0 WONDERNAT CLEANERS ILE. LE A I-,,i ER S 68 8 0 ?o -- -------- "- 0 CUM OIL CO. 11 lib- 1 L DT- I -H E ** v L 1 1 7e"-: 6 9 8 ()!-:1 0 0 1 2 1:?:31 ZEP MANUFACTURING t*'-'-f--11v1fF'i,4kNY SUPPLIES JANITORIAL T ;;`` 4 14 374 .4.*.,- 75 T, a -------- - C�TY OF MAPLEWOOD EMP�OYEE GROSS EARNINGS AND PAYRO�L DEDUCTION C�ECnS 00374�4 44. Ar 0 13 0 56 5' L| �i/05/93 DAmIEL F FAU6T JL `' 0^0�''' 11/05/93 DEBORAH DEHN l.522~71 � z,C�uo.&=:o 11/05/93 MARGARET GIBBS 2k-) 7.68 0 0 8 A+ 141w UN a 46 14 03 1( 1 Ci5iij Y-cGLJ RE. za 0 C)0374 1.4 J . 0 30 %JJ 4 0 38 �� ..~' '�~ ^^'`.~^~~ _^L L_ .1 H,' ,`^.`^"``,` 00374�4 44. Ar 0 13 0 56 5' L| �i/05/93 DAmIEL F FAU6T JL `' 0^0�''' 11/05/93 DEBORAH DEHN l.522~71 � z,C�uo.&=:o 11/05/93 MARGARET GIBBS 2k-) 7.68 4.`>� 610.69 • T I ULL 0 N C H E-** K S Ll Y I= L R; -.-4 .1 f %4 b b `CL PHY L L) U L: I I L, FOR, "FIAE CURFRIEDINIF PAY i'DERICID 123 4 j+ LZ CHECK N U Mi B CHECK DA f 1.0 T 2 b 1-4. �NIL rv,, H L 6% U N 3 7 i-4, L L E L R '71 Cf 4 Le H i %'LJ L L J A L) E Psi "R i __* . . +t . )" q 34 Q lf 14 4 -E J U f T F4 &- 4.. i» - '' • 6 It, .4 It Z:, j ULI Y L) C 7 D 4:3 L5 t- I- H I t-- I- ULL J= rll% X+ 0 V jj 8 L LLM 'Abi"Et U 9 1 H. KUL • I. Ml A •R. 1 f'4 0 N, SJ ff 10 0. all Mv b i= I I • U Lb L'v L, b 40 4 i I ual H 1* 1 H U f%4 Y U, H i-I H 1 "4 C_ ;D L- k 12 uts I l+ 0 I-'I-i I I U* I H i . •�. r 1�--» t✓ I I ZZI 13 • I' D Qiit-fl. • 14 IJ(D37 4.31 3 , LO 1. Sa BLHM- I., t:t I 15: . 1 0 5 VERNON T cu_* L T 1 L . 421.1 0 16 D I c u V-4 N E L L L 6 }••• Y 17 L)LJNHLI-) W '6'! �'_4LMHN b 6 18 .1+ 3 r 3 11 fl-)5/923 0 N N I t' i 0 H �41S 0 P 1 • )D4 19, U:5 H H U P- 4i 1) E- IL L 1 M i rf I C3 4 i2 1 u�� -It em 20 1 .4 el� �.v L H 4 L E -OR* 21 1 Qb 22i kj Q "0441 L H i - HbUL 123 4 j+ LZ t- I J L_ L. i i v. t:.1• 5 31 b 1-4. �NIL rv,, H L 6% U N 32 7 414: 7 i-4, L L E L R '71 Cf 4 If If* ' - - _ ' 4 4 81 1 %.j I + plHRy H %f H L Hirl r-, i __* . . +t . )" 'b 129 li 30 L) C) L3 7 4 • 5 1 i 5 19 3 K E IN4 P-.4 E 'T r-I V L #... N s:�: -4 3 Cl. 6 31 32 7 414: Ij S: i-4, L L E L R '71 Cf 33 34 Q lf 14 4 -E J U f T F4 &- 4.. i» - '' 35 36 IAJ D 4:3 L5 t- I- H I t-- I- ULL J= rll% X+ 0 V 37 38 L.,,; -7 4 4 1 H. KUL • I. Ml A •R. 1 f'4 0 N, SJ ff 39 40 4 i I ual H 1* 1 H U f%4 Y U, H i-I H 1 "4 C_ ;D L- 41 42 A+ • I' D Qiit-fl. 43 44 0 7 4 5 . 1 0 5 VERNON T cu_* L T 1 L . 421.1 0 45 46 f )i i%ls UJ U..= L)LJNHLI-) W '6'! �'_4LMHN b 6 47 48 U:5 H H U P- 4i 1) E- IL L 1 M i rf I C3 4 i2 1 49 50 0 :3 7 4 5 1,51 1 Qb 51 52 It _j 0 1) H Iv I U L H f-4 LU L L) i I 53 54 4D i Z' c i C, HI N i B K 3 55 56 1 Q • 3 1 4 mi dit i -D 5 O� N C 0 IL . 1 : .:5. t:p. Q 57 li kw. -i7U C-C APP"' op -Y _UYEE U�RCJSS IDAYR.CiLl— DEDLIC"I"iCIN CHED-l"I'S f-:iA.sir P,ERIDD u L..= {.} F ..r O . } {. r • rte` A4 Q H L t-- K C L H U tl. ON 5 17 6 f.44 j 44 LE V i j4, G A. El C D i 7 1 .4 ts } i .T. 2 " r ? C D • 8 10 9 4 C� 5 • 4 1 v I 'V 34 7 5 S j .s tt - ... .... .... W 1 L L."ll A m F T i J A' ID 12 35 7 4 6 41 L L i U L. r% U 4+ 13 36 C7 I U.In H OM 4 ka it 14. 37 138 i U D Ct tai i Irl. J 14 15. 39 j; jl A S, D V w E- i- L H L Z14 }. �••' t 16 j 4, 1 % 41 • 17 L � ft j 1 4, U. 4 d 18 43 144 19 67 - 5/9:3 ', K H i. At 20:.. 21 ool I-, y H 0-4 23 24 25 26 27 .?• 17 f.44 R E W S L 44 LE V i j4, G A. El C D i 31: 0 5.9!* D as } i .T. 2 " r ? C D 0 48 30 LE V i j4, G A. El C D i 31: e' LN y J 6 R CiN L 1-1 • 32. 33 + ..: 1 05 9 *-iHL W L U 34 7 35 7 4 6 41 L L i U L. r% U 4+ 36 37 138 i U D Ct tai i Irl. J 14 39 t- L 1 N J L) V% A Z14 40 41 j �z I f J S T El'_ H E .1* NAZ L � ft j 42 43 144 -IN F I R" i 41-: 3 E R 7 CIA 45 U H L L H 0 48 49 50 LE V i j4, G A. El C D i 51 e' LN L ill H 52 53 84 ..: 1 05 9 r:r 0 B E R T E 0 R E i 54 7 55 7 4 6 jOSE j B R GE 56 0 CITY OF EwOOD 0004 EnPLOY�E GROSS EA�mIw6S AwD PAY�O�L DEDuCTION [HECKS 361 003750� k 1�/�5/93 JA`4ES DARGT 1,062.75 ^ 3n8^40' 54 RONALD i HELEY EC) D 60 11/05/93 JUDY M CnLEB�CK -� 438.E}1 ^ ` ' 11/05/93 MICHAEL R KAmE 1,66�.5z 6.0z ft Sk 40 11 kdi 26 EHR 361 003750� k 1�/�5/93 JA`4ES DARGT 1,062.75 ^ 3n8^40' 54 RONALD i HELEY EC) D 60 11/05/93 JUDY M CnLEB�CK -� 438.E}1 ^ ` ' 11/05/93 MICHAEL R KAmE 1,66�.5z 6.0z ft - ` ' CITY OF �APLEwOOD . 0{Q5 EMP�OYEE GROSS EARNZNGS AwD �AYROI-� DEDUCTION CHEC�S FOr% Tri E CURrn PAY PERIOD 42 0037532 4m ' oo1:5/o�* �037535 11/05/93 MYLES R BURKE to 1 pip 1 0 L.| 0037538 �� 1 57 1'� 5/93 J�NET n GREW hAYmAN 66z.38 z,301.20 '-` 04D F Aj 40 Jj 42 0037532 4m ' oo1:5/o�* �037535 11/05/93 MYLES R BURKE to 1 pip 1 0 L.| 0037538 �� 1 57 1'� 5/93 J�NET n GREW hAYmAN 66z.38 z,301.20 '-` 04D F 1 25 42 0037532 4m ' oo1:5/o�* �037535 11/05/93 MYLES R BURKE to 1 pip 1 0 L.| 0037538 �� 1 57 1'� 5/93 J�NET n GREW hAYmAN 66z.38 z,301.20 '-` th U U;DLn c.:. F-I F'-4L--jZ-1 H # **4 HYAN, U L- L V t:-- V L. i I L P 1:- 04 PH Y Li U • 123 24 .4 26: 27 28 129 C. i-i E-'C. fll-4'Lif iP E RI CHECK DAYEt 2 -I H Va V. 3 38 'Zf f L•P.IHIJ. ". Ll #'" U 5 J i 6 A i 1--liNIN E HU) J 1 ON 41 7 8 QLY 9 43: 10 '..f t.. L H L `1,4i i-�, U L L i Ll A` Y L Y I t, I J 45 12 U Z: A+ • q I I Q �{ 'J :5 f"'! i-el Uil-I C- N I Y' 461 13 LA, htc-W--4ARI} RNEX-E' 1�1. C,.:. 0 14 3 1 ZA ti H I f -i ♦ v 15 16 � 9 • 17 ... ... .... ... A / 18 105P 3 N C. Y 1711 SKf--.LL E. 19, • 20.1 *K. -548 33, 05/9 10 y c L L - I V I r%4 G,:;- 21. 221 4 SO JZI L., ILI I i'" U R TO P �-i -1 t L l r-4 :-- Y L. t • 123 24 .4 26: 27 28 129 ' v L- U L H #'_•# L#'_•# L. F1 i- � 1 47 5 301 '• _r ' _} * - ' 3. i • • • • 31 6 7 5;o 4 0591 iZ43 32 'C 1, 494, 331 T /:ZI:Zl tZ' 341 ' ) } »} ,.ft- 35 36 1 37, -I H Va V. %J- 38 'Zf f L•P.IHIJ. ". Ll #'" U ' v L- U L H #'_•# L#'_•# L. F1 i- � 1 47 5 301 '• _r ' _} * - ' 3. i • • • • 31 6 7 5;o 4 0591 iZ43 32 'C 1, 494, 331 T /:ZI:Zl tZ' 341 ' ) } »} ,.ft- 35 36 1 37, 38 'Zf f L•P.IHIJ. ". Ll #'" 39: J i 41 42 Uk I P-4 L Y i I U 43: 44 Ll A` Y L Y I t, I J 45 461 LA, htc-W--4ARI} RNEX-E' 1�1. C,.:. 0 14 F-I EA i--, 48 J. 49 0 10 50 KAR: 1 Ars4DE R 6 51 : m see. j + 52 AJ t Y 'i U 04 i L tl I 'Z 40 153 55 4w 56 57 541 V=-) %-"I'l 7D t--% zi 13 I L Zj lylARGARET Liu H 4 4w CITY OF li EMPLOYEE GROSS EARNImGS Af--4D PAYROLL DEDUCTION CHECnS r FOR THE CURRENT PAY PERIOD VIBER CH DENNIS M MU�-VANEY 10 wil L 34 k - NUN Sl 22i Q '16.:� 0 *% DENNIS M MU�-VANEY 34 k 42 Qij _ 0037589 50 VOID � 0�37592 11/05/93 DENNIS M MU�-VANEY 1z/�5/93 ~'--- 5 J �1 ` ` FIRST nINwEGOTA (FICA) 9,546.67 • cil y C)F MH--1i-:,f,.-Ewc1oD GROSS EARIN41P.&E Af',4D D'E'DUCTICtri,4 CHEL,*f'-*'-.b I CID F09R% THE CURRE-Eir,41- PAY :--'Ei' 0123 -4 )-M- 1 C1 it-4UMB LEE R CHECK DR-FED 11%4. P'lui UHL- k y Ltu f .. pw 02 25-p. ....... 3 044, 26::. VOID 1 CI tf `J %6. :1 C . PUBL- E Inf, 4 •• '-4 -L JL L. 1 1-4 R I *f I E r-.• I j 1 4D 1 L 05 28 VOID 6 U »j L«= /'tZ' V -00 1 1 f V zi 1:1 I-t, r- I r" ZD I I f i 1 P41 LL;'� u 1 F 7 4 S 047 7 40 .... ... . .. (), V O D 8- f3 J, 6 "id/ i y U.' -01) ktl-C L MAV-'LEWO ,� .. . 4 9 1= f"I P 1-� t-- I I � E lyl t-- i'• I J"-4;:a Z:a U L 9 31 49 10 C., C 12, -3 LZI U J. 114 c I - f y & T y L- fil P C u P 0 50'r -13 1 S 1, 7VOID Oil P , u c L 7 4 2 5 33: 51 D i 3 a VO ID ID U P-4 1 t. 1) WHY Ut- HUL H R E A d L»! 1 4 4 34 13: E i. » } « }� }� »� 35 E 53 ut i-t u b H i-v 1" 34 ' U -S tAJ MV171. L L I a7 15 36 OiQ VOID i -1:Z-1 met w 0 16 V ID PU 13 L k: I"! 1 7 *1 t 11 1 1 Hb*.. 55 017 w% 38:: '3 7 C) 18 tSUPj?-- Lt. K. f- 'L tLL.t:L Ix 1 .1 k-- I"') L:. f*--4 i y b i I'd D 39:' 19 . . w 0 20:: k1l tj b D .. it i... }.sj .4 H L a .... }. t_{ 21: 41 4,4, P U -�,buL r ; -,U LnU -)?,V .ILU!ty H z. Q 0123 li 24 Q %b Q 4 1 1� 9 11%4. P'lui UHL- I 1-- 1--" 1 P--4 Z:� 0 25-p. 044, 26::. VOID 1 CI tf `J %6. :1 C . PUBL- E Inf, RE H-R.EMENI H�6L 2 27:1 28 VOID 1 3. J` } » } ,,,,{ J '.. �.� 11# 1 A* C. 1--iU I P.", i:» 1 .1 rv% i= )"'I 1= f%4 I H, U L. 029 047 30 VOID .}. i -15 `3 % PU R E N% L 171 t� 1' =.4 U 1= f"I P 1-� t-- I I � E lyl t-- i'• I J"-4;:a Z:a U L 6 31 49 32' 50'r -13 1 S 1, 7VOID X: P , u c L 7 4 2 5 33: 51 34 Z", IJ 1:5 E i. » } « }� }� »� 35 E 53 ut i-t u b H i-v 1" 34 ' U -S H i''4 1) x. 11 U G I i U N ZJ 36 OiQ VOID i -1:Z-1 37:1' 55 w% 38:: '3 7 C) 1 16L Y CG tSUPj?-- Lt. K. f- 'L tLL.t:L (JK.) 39:' 57 . . w 40 it:'Ii:�VOID i 1 }'»• i ' i »• L» J t. } .. it i... }.sj .4 H L =�,t = �. t E VENUE .... }. t_{ 40 41 li 42 6*1 1 1 1� 9 -,RC G HEALTH el-4C. 43 044, 14 Vo ID 1 CI tf `J %6. F 1 R, T S 11,411 t KiNCE-01-A.: CH :,9 546. 13 4 5 46 "Eli DVOID I-• Lt k-.i L- .1 L. P.", i:» 1 .1 rv% i= )"'I 1= f%4 I H, U L. Z Z._ i -4 :f . I 047 48 Lt I CVO ID • PU b L- I L 1= f"I P 1-� t-- I I � E lyl t-- i'• I J"-4;:a Z:a U L 6 49 50'r -13 1 S 1, 7VOID 5 P , u c E - �t,mp im ML 1*4 7 4 2 5 51 52 E 53 ut i-t u b H i-v 1" 34 ' U -S H i''4 1) x. 11 U G I i U N ZJ 54 55 56 57 w li AGENDA NO..�,_� AGENDA REPORT Anti on by C ounO i 1: Endorsed.----- -- TO: City Manager - RE i Date,. - - FROM: Finance Director RE: FINANCIAL TRANSFER TO CLOSE IMPROVEMENT PROJECT 85 -17 DATE: November 9, 1993 Construction is complete and the assessments have been levied on Project 85 -17, Southlawn, Beam to County Road D. A transfer of $5,943.55 from the Tax Increment Fund of surplus 1989 Tax Increment Bond proceeds is needed to eliminate the deficit in the fund for this project so it can be closed. It is recommended that the Council authorize the appropriate budget adjustments and approve the transfer necessary to close the fund for this project. w:\agn\85-17a AGENDA NO. f---3 AGENDA REPORT Acti by C ounc il Endorsed TO: City Manager Modified, Rejected. FROM: Finance Director � Date RE: FINANCIAL TRANSFERS TO CLOSE IMPROVEMENT PROJECT 90 -14 DATE: November 9, 1993 Construction is complete and the assessments have been levied on Project 90-14, C ount y Road B and Highway 61 Storm Sewer. The following transfers are needed to close this project: (a) $4,.000 from the Sewer Fund to the ro'ect to finance the unassessed r s w P J sewer .improvements cost; (b) $90,418.41 of surplus 1991 bond proceeds from Project 90 -14 to Project 90 -10, Highwood- McKnight Outlet, as this project needs additional financing. It is recommended that the Council authorize the appropriate budget adjustments and app rove the transfers necessary to close the project. W: \AGN\90 -14 AGENDA NO. -F-,--y AGENDA REPORT TO: City Manager ]FROM: Finance Director - � -- RE: STREET CONSTRUCTION STATE AID FUND TRA NSFERS DATE: November 9, 1993 PROPOSAL Action by Council: Endorse Modified Rejected... Date, It is proposed that (a) transfers totaling $594,484.28 be authorized from the Street Construction State Aid (SCSA) Fund to finance seven public improvement projects and (b) a $110,845.00 transfer be authorized from the fund for Project 87 -45, (Sterling Street and Schaller Drive) to the SCSA Fund. BACKGROUND Annually transfers are made from the SCSA Fund to ublic imp rovement ' p p ovement prof ects to finance costs that have not been assessed. At this time, there are seven r ' p of ects that are complete that require transfers from the SCSA Fund to allow the funds for the ro'ects p � to be closed. In addition, a transfer is needed to the SCSA Fund from the fun ' d for Protect 87 -45 as the state aid financing for this project was reduced when the assessments for the project were levied. A transfer had been made from the SCSA Fund to the ro' ect before ' P J e construction started based on the estima assessments for the project. The actual assessments were higher than the estimate which decreased the amount of state aid needed for the ro' e P j ct. RECOMMENDATION It is recommended that the Council authorize the app ropriat e budget adjustments and approve the following transfers: (a) transfers from the SCSA Fund as follows: $ 638.08 to Project 88-14, Gervais --En l ish to Kennard 30 479.43 to Pr ' g of ect 92 - 17, Eleventh Avenue Overlay 232,737.20 to Project 91 -03, Conway—T.H. 120 to McKnight 51,160.92 to Project 86 -01 Con g J Co n d or Storm Sewer 120,139.84 to Project 86 -07, Upper Afton Road—McKnight to Centur ' ect 90 - Con g 109 000 .00 to Project County Road B- --T.H. 61 Storm Sewer 50.328.81 to Project 88 -12, Beam —Hwy 61 to Count D $594,484.28 Total y (b) a transfer of $110,845.00 from Project 87 -45 Sterling SCSA Fund J Street and Schaller Drive, to the W:\AGN\SCSA TO: City Manager FROM: Finance Director RE, AMBULANCE BILL - APPLICATION FOR CANCELLATION (EUGENE C. WALTERS) DATE: October 26, 1993 An application for cancellation of an ambulance bill has been received from Eugene C. Walters. On July 14, 1993, he was transported to Midway Hospital. The original bill was $474.20. Medicare paid $245.41 and Blue Cross /Blue Shield paid $125.18. There is a remaining balance of $103.61. The applicat n for cancellation and related correspondence are attached for the Council's review. lz Attachments AMB \CANCEL3.AGN Y AGENDA NO. Action by Council Endorsed AGENDA REPORT M c d i- i e d�_.. Pei e c t e a" _____ Date TO: City Manager FROM: Finance Director RE, AMBULANCE BILL - APPLICATION FOR CANCELLATION (EUGENE C. WALTERS) DATE: October 26, 1993 An application for cancellation of an ambulance bill has been received from Eugene C. Walters. On July 14, 1993, he was transported to Midway Hospital. The original bill was $474.20. Medicare paid $245.41 and Blue Cross /Blue Shield paid $125.18. There is a remaining balance of $103.61. The applicat n for cancellation and related correspondence are attached for the Council's review. lz Attachments AMB \CANCEL3.AGN 0 I APPLICATION FOR CANCELLATION OF PARAMEDIC AMBULANCE SERVICE CHARGES NAME OF APPLICANT: 40 f e W, ul ADDRESS OF APPLICANTO CITY: STATE: Z I P Z 7 :! �- / L..a PATIENT'S NAME: DATE OF SERVICE: 7 q 3 0 AMOUNT OF CHARGES REQUESTED TO BE CANCELLED, REASON FOR REQUEST - CHECK ONE: I. Financial Hardship (fill out reverse side 2. Other: -0 A.S C 11 --r C4 -4 2o 7 ,4 eQ L 'r, ; 4 A--A):L r .04, (0f:) le e--., j[ .000" or's fiv Uj --e I certif that the income information I have supplied on this application is true and accurate. I also certif that the amount of the char re to be cancelled are not covered b Medical assistance, worker's compensation, Medicare, health insurance or auto insurance, Si Lk)a4 .., Li Date: 2. Z� ;d I INCOME INFORMATION "INCOME" means any amount received from the following sources by any Resident: - 'Any Public Assistance, including but ,.• alaries, including commissions, bonuses, not limited to welfare, AFDC, SSI, and overtime pay and tips Unemployment Compensation • Interest and Dividends Deensions and Annuities, including PERA and Social Security zXRental income - Estate or Trust income Business Profit- -for self - employed �.! Gain from the sale of property or individuals, including Farmers securities • received from properties being sold on Contracts for Deed A [JwL i i i vy,c i v• 0111 i List all residents of your household. Include yourself. Include their ages and their incomes (if any): 1) Income listed should include all income which your household can reasonable expect to receive during the next 12 months. 2) "RESIDENT" means any person, other than a renter, living in the household for at least 9 months of the year, or a person who is claimed as a dependent for income tax purposes. NAME OF AGE OF INCOME OF RESIDENT RESIDENT RESIDENT SOURCE OF INCOME (per wrath) (including employer's address, if applicable) C rw r t > ^- I Z 0 Coo�j TOTAL INCOME: per month= 2.: ear o -- er � y AGENDA NO*. Action by 'Sndors a .-..____.____ Mo di i i AGENDA REPORT R e j e c fn� TO: City Manager FROM: Finance Director f— RE: AMBULANCE BILL - APPLICATION FOR CANCELLATION (STANLEY J. PERSBl) DATE: November 9, 1993 An application for cancellation of an ambulance bill has been received from Stanley J. Persby. On July 1, 1992, he was transported to St. John's Hospital The original bill was.. $4.20. There is a remaining balance of $120, and Mr. Persby indicates he is financially unable to make monthly payments on the balance due. The application is attached for the Council's review. lz Attachment AWCANCEL.AGN 4 APPLICATION FOR CANCELLATION OF PARAMEDIC AMBULANCE SERVICE CHARGES NAME OF APPLICANT: F APPLICANT: 2 /� I&P. V kli-9 Y ADDRESS i CITY: /j STATE: ZIP: a g. '/ PATIENT'S NAME: � .DATE OF SERVICE: t7'1-jd- y AMOUNT OF CHARGES REQUESTED TO BE CANCELLED: zge lz: ss =sssaz =sass= areas= ssr= ssssssssssssssssr= ssssassssssssssssssssssssssssss srsa = =s REASON FOR REQUEST -CHECK ONE: 1. Financial Hardship (fill out reverse side): 2. Other: I certify that the i ncome information I have supplied on this application is true and accurate. I also certify that the amount o f the charges requested to be cancelled are not covered by Medical assistance, worker's compensation, Medicare, health insurance or auto insurance. S i gned zs Date: qq �i A INCOME INFORMATION "INCOME" weans any amount received from the following sources by any Resident: • Any Public Assistance, including but • Salaries, including commissions bo nuses, not limi to Welfare, AFDC, SS I , and . Unemployment Compensation overtime pay and ti ps • Pensions and Annuities including i PERA • Interest and Dividends and Social Security • Rental income • Estate .or Trust income •Business Profit- -for lf- se employed • Gain from the sale of property or individuals, including Farmers securities • Payments received from properties being • VA Educational Grants sold on Con *racts for Deed List all residents of your household. Include yourself. Include their ages and their incomes (if any): 1) Income fisted should include all income which your household can reasonable expect to receive during the next 12 months. o 2 ) "RESIDENT" means any person, other than a renter, living i n the household for at l east 9 months of the or or a person who is claimed as a dependent for income tax purposes. year , NAME of AGE OF INCOME OF RESIDENT SID NT RESIDE (per month) J AV s� a a SOURCE OF INCOME (including employer's address, if applica Co S e.;_ j S. TOTAL INCOME: er month= - P th per year AGENDA ITEM MEMORANDUM To: Michael A. McGuire, City Manager From: Robert D. Odegard, Director of Parks & Recreatio cti ®n b y Council. Subj: Maplewood Nature Center Donation 2659 East Seventh Street 'Endorsed Date: .November 3, -1993 M odif i ed.� Rejected �..o�. Introduction Date The Maplewood Nature Center has received a donation of $50 from Mark and Emiko Purgett, 7641 -18th Street North, Oakdale, MN, The Maplewood Nature Center has requested that the donation be added to the Park Development Fund. Recommendation It is requested that the City Council accept the $50.00 nature center donation and place this amount in the Park Development Fund (403-814-316-4720). c. City Clerk AGENDA NO. AGENDA REPORT Action by Coun lndorse TO: City Manager plod' • l�zed. lie j ec�ed FROM: MIS Coordinator, Elizabeth Weiland pit a e RE: BUDGET TRANSFER REQUEST DATE: October 18, 1993 INTRODUCTION It is requested that $62,000 be transferred from the data processing unappropriated retained earnings account to cover expenditures as outlined. BACKGROUND The data processing budget has a retained earnings account that 6s comparably to the general fund's fund b alance. At the end of each year, excess revenue or unspent money is transferred to the retained earnings account. These funds are available to cover budget shortfalls during the year if required. A transfer of $62,000 from retained earnings to various expenditure accounts is being requested at this time. It is necessary to transfer these monies due to: • The costs of the 1993 maintenance contracts exceeded the amount budgeted by $10678 due to: 1) Several maintenance contracts increased in cost more than the budgeted 3 %. 2) In addition, the Public Safety Department is still using two computer systems rather than one. In preparing the 1993 budget, iv11S anticipated the Police Department would require only one maintenance contract. However, the conversion to a single system is being delayed for the records retention system, and two contracts are necessary for the equipment. 3) Lastly, the Bureau of Criminal Apprehension (BCA) charges the City for connections to the mobile data terminals and pcs in the department, and these costs have increased more than anticipated. As of October 18th, the balance of the maintenance and repair account is $6884. • During 1993, two maintenance contracts on public works software came up for renewal. Since the cost for the first year of the contract is paid for by the purchasing department, MIS was not aware that the contract renewals would be part of the data processing budget in 1993. This caused a shortage of $533. • Two laser printers and a personal computer on time and materials maintenance . contracts required repairs during the year. This was an unexpected cost of $905. • The largest portion of the request is to cover the depreciation expense account. Expenditures substantially increased due to the addition of hardware purchased in 1992. This account is over budget by $60342. • At the beginning of 1993, a telephone inventory was taken. The costs associated with the city's telephones were re- allocated to each department. The computer room telephone expenditures were added to the data processing department's telephone account causing on overage. Additional monies amounting to $143 are needed. • Investment management fees are anticipated to exceed the budget by $1851. Surplus monies in other data processing fund accounts totaling $7948 leaves the remaining transfer need of $62000. RECOMMENDATION It is recommended that the City Council approve the transfer of $62,000 from the data processing retained earnings account to cover unanticipated expenditures. c: \wpwin \misc \93bud.age F -� Actio by COUncii En dorsed ,, Modif i e ,._ Rejected,,„ AGENDA REPORT Date -- - -- T0: City Manager FROM: City Clerk RE: CERTIFICATION OF DELINQUENT SEWER BILLS DATE: November 16, 1993 It is requested the following Resolution be approved so that delinquent sewer bills can be certified to the property taxes. CERTIFICATION OF DELINQUENT SEWER BILLS RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached list of delinquent sewer rental charges and hydrant charges, said list made a part herein, for certification against the tax levy of said property owners for the year 1993, collectible in 1994, and which listing includes interest at the rate of eight percent (8%) on the total amount for one year. Total amount to be certified: a 81,007.96 F-4 io APPROVAL OF 1994 ON -SALE LIQUOR LICENSES e j ecte Da�:_:.,r.. RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On-Sale Liquor Licenses, having been previously duly issued by th i s Counc i 1, are hereby approved for renewal for one year, of fect i ve , J anuary 1, 1994, with approval granted herein subject to satisfactory results of required Police, Fire and health Inspections: Daniel Paul Fisher James Dean Adeline Benjamin Applebee's Deans, Inc. Maplewood Bowl 2112 Maplewood Mall 1986 Rice Street 1955 English Street 3001 White Bear Avenue Eugene A. Beaulieu Gregory Paul Kuhns Ronald Ringling Beau's Food & Spirits D. G. Burgers Corp Maplewood Inn 2289 E. Minnehaha 2441 Highway 61 1730 E. County Road D Tom McDonough Raymond R. Emerfoll Gregory Tulgren Chalet Lounge Garrity's M. T. Pockets & Co., Inc. 1820 Rice Street 1696 White Bear Avenue 780 East Count y Road B Richard M. Auth i er Doyle Biggs Stephen Kenow p Champps Gulden's The Olive Garden 1734 Adolphus 2999 N. Highway 61 1749 Beam Avenue Martin E. Mongoven Harry S. Given, Jr. Gerry L. Walton Chili's Restaurants Keller Clubhouse Red Lobster Restaurant #283 Southlawn & Beam 2166 Maplewood Drive 2925 White Bear Avenue Robert D. Gillen Roger T. Claussen Gary Harvey Ciatti's Italian Restaurant Keller Lake Lounge Red Rooster Liquor Lounge 1900 E. County Road D 2280 Maplewood Drive 2029 Woodlynn Thomas K. Buckley T -Birds 2025 White Bear Avenue Club On -Sale Liquor License: North Maplewood Lions Club Loyal Order of Moose 963 1310 Frost Avenue 1946 English Street APPROVAL OF 1994 OFF- SALE LIQUOR LICENSES RESOLVED BY THE CITY Y COUNCIL OF THE CITY the following Off- TY OF MAPLEWOOD RA th g Sale Liquor quor L i cens MSEY COUNTY, MINNE Council, are hereby es, having been re SOTA, 1994, with y approved for renewal p v�ously duly issued b . approvals granted for one year, effe y Pol1ce, Fire herein subject to effec J anuary 1 and health inspections: i o sat sfactory results y ' p ns : s of required Steven S. Eberhardt Ebbie's Wine and Spirits 2290 Map lewood Dr Arthur Mark Stein Laber's Liquors 1730 Rice Street Wendy Lauber Maplewood Wine Cell 1261 Frost Cellar t Avenue Gary Hanscom M.G.M. Liquors 2950 White Bear Avenue Brian O'Reilly Mulligan 1690 No. McKnight g Road Marven C. en Part Kop ° Kopp en Time Liquor 1635 E. Larpenteur Ave. Gust R. Sarrack Sarrack's Internati • 2305 International Wine & Spirits Stillwater Road z -/ MEMORANDUM Acti bY Council; Endorsed TO: City Manager a FROM: Director of Community Development P � ectecl..r, SUBJECT: Chemical Abuse Clinics Ordinance to DATE: November 12 1993 INTRODUCTION On September 27, 1993, the City Council directed the staff to study changes to the zoning ordinance about clinics. The Council heard complaints from residents near 2223 White Bear Avenue. A methadone clinic is at this address. The clinic concerned the residents because it is so close to their neighborhood. On October 25, 1993, the Council considered first reading of the attached ordinance. The Council tabled first reading and referred the ordinance to the Planning Conunission and Human Relations Commission. Both commissions have recommended against an ordinance regulating clinics. The Planning Commission felt that the City should look at all commercial uses near residential areas. BACKGROUND The City permits clinics in all commercial and industrial zones. The zoning code does not define clinics or differentiate between types of clinics. We use the dictionary when the zoning code does not define a term. The dictionary defines clinics as: 1. A class of medical instruction in which patients are examined and discussed. 2. A group meeting devoted to the analysis and solution of concrete problems or to the acquiring of specific skills or knowledge. 3. A facility (as of a hospital) for diagnosis and treatment of outpatients. 4. A group practice in which several physicians work cooperatively. OPTIONS 1. Prohibit all chemical abuse clinics. 2. Prohibit all chemical abuse clinics within 350 feet of a residential lot line. 3. Require a conditional use permit for all chemical abuse clinics. 4. Require a conditional use permit for all chemical abuse clinics within 350 feet of a residential lot line. 5. Take no action. DISCUSSION On November 8, 1993, the Council passed a moratorium on new or ex ' panduzg cl�rucs until February 28, 1994. The Council wanted to look at the "big s g p tore all commercial uses around residential areas. Because of the moratorium. there is no need to adopt an ordinance regulating clinics now. The Council is leaning towards a more comprehensive study by the end of February. The Planning Commission �'Y g n has already started work on this study. The Commission will discuss the regulation o ' gul f clinics as a part of this study. If the Council wants to adopt an ordinance on clinics now, I have attached an ordinance on page 4. The attached ordinance requires a conditional use permit (CUP) for clinics that primarily treat chemical abuse and are within 350 feet of a residential property line (Option 4). The CUP would give the City the authority to regulate or prohibit such uses. The City requires a public hearing for a CUP. A hearing would give the residents a chance to ask questions and get information before a clinic opens. The City Attorney advised me to be careful when creating regulations that only apply to certain clinic types. There must be a rational basis for protecting the health, safety and welfare of the residents. I contacted six other cities about how they regulate clinics. None of these cities have special conditions or rules about outpatient clinics. Four of the six cities have these types of clinics. The cities with these clinics were not aware of any special problems. Our police department checked with the police departments in other cities. The other cities reported no problems or minor problems, such as loitering. (See the reference section on page 3 and the police report on page 8.) I cannot find any evidence for prohibiting clinics. RECOMMENDATION Take no action on a clinic ordinance now. The Council may reconsider this ordinance when the Planning Commission finishes their broader study of commercial uses near residential neighborhoods. 2 REFERENCE OTHER CITIES — ZONING REGULATIONS FOR CLINICS There are thirteen outpatient treatment programs m Ramsey County. Eight are in St. Paul and five are in the suburbs. Two of these clinics are in Maplewood. One is the methadone clinic. The other is an adolescent chemical dependency clinic at 1707 Cope Avenue. I contacted the planning offices in six other cities. I asked how they regulate drug treatment or other outpatient clinics. I also asked about any problems these clinics caused. I contacted Bloomington, Minneapolis, Saint Paul, Atlanta Georgia, Orlando Florida and Ocala Florida. Each city considers such clinics as a p ermitted use in commercial and office zoning districts. The Colonial Group (the operators of the Maplewood clinic) has clinics in the last three cities. The P lanner in Orlando told me there are two of the Colonial Clinics in Orlando. The planner in Ocala told me that the chemical dependency clinic there has been y open about seven ears. The clinic is in a p medical office park. None of the planners was aware of any problems with these types of clinics. The police report on page 8 did not find any serious problems with these clinics, other than loitering before the clinics open. go/b- 5:c linic3.mem (5.1) Attachment: 1. Ordinance 2. Police Report 3 ORDINANCE NO. AN ORDINANCE ABOUT CLINICS IN THE LBC (LIMITED BUSINESS COMMERCIAL), BC -M (BUSINESS COMMERCIAL MODIFIED), BC (BUSINESS COMMERCIAL), NC (NEIGHBORHOOD COMMERCIAL) AND CO (COMMERCIAL OFFICE DISTRICTS THE MAPLEWOOD CITY COUNCIL APPROVES THE FOLLOWING ORDINANCE: (I crossed out the deletions and underlined the additions.) Section 1. This section changes subsection 36- 154(a) and adds subsection 36- 154(b) to the LBC, Limited Business Commercial District as follows: Permitted Uses. The City shall oWy mrmit the following, uses by Offices. Clinics, except those that primarily treat chemical abuse and are within 350 feet of a residential lot line. Dav care centers. -- - - - - I!Ikd'a'TA�LL6liWA.T%M=L&T.61FA�A ^I Conditional Uses. The following uses must have a conditional use permit: Clinics that primarily treat chemical abuse and are within 350 feet of a residential lot line. Section 2. This section changes subsection 36- 155(b)(1) and adds 36- 155(c)(8) to the BC(M) Business Commercial District (Modified) as follows: (b) Permitted uses. The City shall only permit the following uses by right: (1) Retail or commercial rental activities, offices, clinics, _pt those that primarily treat chemical abuse and are within 350 feet of a residential lot line, ' , studio, bank, personal service, day care center, craftsmen's shop or mortuary. All business, storage or display, except signs and parking, shall be in a closed building. (c) Conditional uses. The following uses must have a conditional use permit: (8) Clinics that primarily treat chemical abuse and are within 350 feet of a residenti lot line. 4 Section 3. This section changes subsections 36- 151(a) (3) and (b)(8) of Division 7 of Chapter 36 of the BC (Business Commercial District) as follows: (a) Permitted uses. The City shall only permit the following uses by right: (3) Retail or commercial rental activities, restaurant, on -sale liquor business (subject to license), office, clinics, except those that primarily treat chemical abuse and are within 350 feet of a residential lot line, ' , studio, bank, personal service, day care center, craftsmen's shop or mortuary. All business, storage or display, except signs and parking, shall be in a closed building. (b) Conditional uses. The following uses must have a conditional use permit: (8) Clinics that primarily treat chemical abuse and are within 350 feet of a residential lot line. Section 4. This section changes subsections 36 -173 (a) (1) and (b) (3) of Division 8 of Chapter 36 of the SC, Shopping Center District as follows: (a) Permitted uses. The City shall only permit the following uses by right: (1) Retail or commercial rental activities, restaurant, on -sale liquor business (subject to license), office, clinics, except those that primarily treat chemical abuse and are within 350 feet of a residential lot line, ' , studio, bank, personal service, day care center, craftsmen's shop or mortuary. All business, storage or display, except signs and parking, shall be in a closed building. (b) Conditional uses. The following uses must have a conditional use permit: (3) Clinics that primarily treat chemical abuse and are within 350 feet of a residential lot line. Section 5. This section changes subsection 36 - 127, Permitted Uses, of the NC Neighborhood Commercial District as follows: Sec. 26 - 127. Permitted Uses. Permitted uses. The City shall only permit the following uses by right, that the floor area of all buildings in anv one NC zone shall not exceed three thousand (3,,000) square feet: rtrzr�a n'�.n �� ,�.�t tLr t�+ ��nnr..� C2 0001 5 (1) Bakery or candy shop An goods - produced on the premises must be sold on the premises. f t L r,�„ 1 n c d = n d e Q„la Inn ItLe � 0 ;�� s (2) Beauty parlor or barber shop. (3) Dry cleaner or Laundromat. All odors must be controlled so as not to be noticeable to adjacent residents. � office. (5) Repair shop, except for motorized vehicles. All business, storage or display shall be in a closed building. ' (6) Drug, hardware or grocery store. (7) studio. (8) Tailor or dressmaker shop. (9) Veterinary or grooming clinic where there are no outside kennels or storage. (10) Video store txafme rental. (11) Printing shop. (12) Clinics, except those that primarily treat chemical abuse and are within 350 feet of a residential lot line, Section 6. This section changes subsection 36 -129, Conditional Uses, of the NC Neighborhood Commercial District as follows: Sec. 36 -129. Conditional uses. Conditional uses. The following uses must have a conditional use permit. In addition, the floor area of all buildings in anv one NC zone shall not exceed eight thousand (8,000) square feet: 'Afth . i L L U016 • 11111 1111 1 1141 (1) Any permitted use listed in Section 36 -127. (2) Club, lodge or hall. (3) Private school, day care center or community service use. (4) Taxi stand or bus stop. (5) Restaurant, where there are no drive -up order windows of serving food to patrons in their automobiles. All cooking odors must be controlled so as to not be noticeable to adjacent residents. (6) Other uses, where the City Council finds that the use would be compatible with the neighborhood and the intent of this division. Clinics that primarily treat chemical abuse and are within 350 feet of a residential lot line. Section 7. This ordinance shall become effective after publication. Passed by the Maplewood City Council on , 1993. 7 Attachment 2 September 16, 1993 MEMORANDUM To Chief Kenneth Collins From: Sergeant Michael.Ryan Subject: St. Paul Metro Treatment Center .I have contacted several of the names listed as renting office space to treatment centers located in several states. These sites vary from business district /industrial areas to sharing facilities with other medical related clinics and shopping center or store front areas. The locations also seem to be varied from high traffic, main street locations to other locations that could be described as "off the beaten path." When asked about the clinics, the renters almost universally replied that they initially were apprehensive about renting to such facilities but admitted that they have had only minor problems. For the most part, these seem to be related to clients leaving coffee cups and cigarette butts at the clinic sites. None of those.questioned had any negative comments and felt the clinics were good tenants. I contacted police departments in Ocala and Temple Terrace, Florida to inquire about their clinics Ocala reported only one incident at their clinic, that being a burglary in March of 1992. Temple Terrace Police Department advised that they were familiar with the clinic in their area. They have had many complaints that mostly deal with the clients loitering in the area. Temple Terrace has done some surveillance work on their clinic. Temple Terrace referred me to Sherry Miller with the DEA at (813) 228 - 2486. In speaking with her, I found that Dr. Randall Green, the clinic owner, oPerates in accordance with all FDA and DEA rules and regulations. Miller told me that their concern was with the philosophy behind the "for profit" clinic where addicts are not urged to get off methadone or other substances. Miller did not have any negative information about the clinics. I contacted police departments in Atlanta and Ft. Oglethorpe, Georgia. Atlanta advised that complaints deal with the loitering clients. They also advised that they have had incidents of clients buying other drugs at the clinic site and also selling their methadone, especially their take home doses on weekends. The Atlanta clinic hires outside security for their site. Ft. Oglethorpe Police advised that their clinic, while in Georgia, is only 10 miles from Chattanooga, Tennessee. They reported many problems with transients related to crimes in the area. Most of their crime consisted of shoplifting and shoplifting rings operating in the area. The clinic is located in a business district. They also reported that they have incidents of people T i g bu Y in the methadone from the clinic clients. Ft. Oglethorpe Police felt that most of their problems came from persons that , were from outside the area stating they come from Nashville, Knoxville and Florida. Generally, the various police problems appear to be related.to the locations of the clinics* It does app Y ear that the most common complaint laint has to do with the loitering that occurs prior to the clinic opening in the early morns g departments suggested that police presence police P seemed to help and they often en made warrant arrests of clients waiting at the clinic. 9 PI Comrmssi h on -3- Minutes of 11 -1 -93 B. Chemical Abuse Clinics Ordinance: Moratorium, Ordinance Secretary Olson presented the staff report. Mr. Olson discussed with the Commission the background of this proposal. Commissioner Fischer said she will be voting no on this item. She said she is concerned with singling out certain types of clinics for restriction. Ms. Fischer said she is concerned with the definition of chemical abuse clinics and which would or should be restricted. She mentioned that recently the Commission has attempted to review the open space issue and the commercial industrial land abutting single family residences and she felt that this single issue should not be considered without taking into consideration the entire picture. Ms. Fischer explained that the open space issue and the commercial property abutting residential property issue are important issues and should be considered first. Commissioner Martin said she is uncomfortable with singling out chemical abuse clinics for restriction and felt that the entire commercial property study issue should be considered. Commissioner Kimidge commented that he felt that the City would be attempting to use a technicality in the zoning law to practice a kind of elitism by trying to limit or control the unsavory elements coming into the City. Mr. Kittridge said the community function should be to attempt to solve the problems of the community and he said he would vote against the moratorium. Commissioner Rossbach moved the Planning Commission recommend that the issue of further clinic regulation be tied into the overall City commercial- property study that is currently being undertaken and that it not be a separate issue. There are many types of clinics and whether or not additional restrictions should be placed on all, some, or none of them should be addressed and considered carefully as a part of this_ study. Commissioner Gerke seconded Ayes-- Allenspach, Anitzberger, Audahl, Fischer, Frost, Gerke, Kimidge, Martin, Pearson, Rossbach, Sigmundik The motion passed. Commissioner Rossbach moved the Planning Commission recommend adoption of an interim ordinance that establishes a moratorium on the expansion of clinics until December 27, 1993. This ordinance shall not include the remodeling of clinics within their current space. Commissioner Pearson seconded Ph Commission -4 Minutes of 11 -1 -93 After further discussion regarding the wording of the proposed ordinance, 0 Conunissioner Rossbach withdrew his motion. Commissioner Kimidge moved the Planning Commission recommend the City Council not adopt an interim ordinance that establishes a moratorium on the expansion of clinics within the City of Maplewood. Commissioner Fischer seconded Ayes-- Allenspach, Axdahl, Fischer, Frost, Gerke, Kttridge, Martin, Pearson, Rossbach, Sigmundik Nays-- Anitzberger The motion passed.. CITY OF MAPLEVVOOD 1830 E. COUNTY ROAD B MA.PLEWOOD, MINNESOTA 55109 MEMORANDUM DATE: November 15, 1993 TO: Mayor Gary Bastian City Councilmembers FROM: Pat Williamson, Chair Human Relations Commission SUBJECT: REVISED ORDINANCE ABOUT CLINICS IN THE LBC BC- M, BC, NC AND C4 DISTRICTS On behalf of the Human Relations Commission I am informin you of act' g : g Y ion taken at our November 9, 1993 meeting: A motion was unanimously passed that the Human Relations Commission oppose the proposed changes in this Ordinance. Based on the research results provided, no known incidents have resulted across the country where similar c ' 'cs are in operation. To createspecial p p rules for this type of c when there is no historic basis for an . . . y problems related to such a clinic is, in the o anion of the Human Relation . . . p s Commission, discriminatory. Equal Opportunity Employer 1 '., Z MEMORANDUM A� ti on oun� i. 0 Endorsed TO: City Manager Modified......, FROM: Director of Community Development Rejected. SUBJECT: Truth -in- Housing ordinance Date DATE: November 16, 1993 inmRonucnoN The City Council requested changes to the truth -in- housing ordinance. The Council requested changes that would create a penalty for not doing atruth -in- housing report and that would exempt sales between family members. BACKGROUND May 24, 1993: The City Council directed the staff to review the current truth -in- housing ordinance. The Council wanted the staff to include penalties for non - compliance. October 25, 1993: The Council tabled an ordinance about enforcing the truth -in- housing code until November 8. Councilmember Zappa asked for an ordinance that would exempt sales to family members. November 8, 1993: The Council tabled for two weeks an ordinance about truth -in- housing penalties and an ordinance exempting sales between family members. DISCUSSION Requiring atruth -in- housing report between family members has value. A family member selling a house may not be aware of problems with the house. Atruth -in- housing inspection by a trained professional would make the buyer and seller aware of any problems. An inspection may save an embarrassing situation between family members and avoid family disputes. This seems worthwhile considering the cost of an inspection ($100 — $125). Karen Christofferson from the St. Paul Area Association of Realtors raised a question 0 about discrimination. (See her letter on page S.) I asked someone from the State Department of Human Rights. He said that he did not know of any law that would prohibit the City from passing this ordinance. The City Attorney concurred. I have prepared two ordinances. Both ordinances contain a violation penalty, some housekeeping changes and a clause exempting title transfers by gift, by court order or where the house will be demolished. The HRA suggested these exemptions. The only differences between the two ordinances is that the first ordinance exempts sales between family members where there is a sale rather than a gift. (See the ordinance on page 3.) For information, I have included a memo from the .City Attorney on family definitions. (See page 6.) The second ordinance does not exempt sales .between family, members, unless the house is given as a gift. (See the ordinance on page 4.) The housekeeping changes delete the exemption for sales where purchase or listing agreements were signed before the Council adopted the ordinance. Karen Christofferson from the St. Paul Area Association of Realtors, told me that these agreements have all expired. She advised me that we could delete this subsection. RECOMMENDATION A. Take no action on the ordinance on page 3. B. Approve the ordinance on page 4. go/b- 5:housingl.mem (5.6) Attachments: 1. Ordinance on sale between family members 2. Ordinance exempting gifts, demolitions and court ordered title transfers 3. Letter: St. Paul Area Association of Realtors 4. Letter from the City Attorney 2 ORDINANCE NO. AN ORDINANCE CHANGING THE TRUTH -IN- HOUSING ORDINANCE (Exempts sales between family members) The Maplewood City Council approves the following ordinance: (I have underlined the new wording.) Section 1. This section changes Section 9-237(b) as follows: (b) This article shall not apply to the following: Pp Y : g Sales between members of the same famil . A familv is iDeol2le related by blood marriaze or adoption. Title transfers by,aift by court order or where the house or residential building will be demolished. - N.I. WNW. - own - - - • - - . -+ . . r . .• - - OF .- • -- - • _ ■ r r. _ . _ • . •.. r IF . • •. • • . • .. . . - . - .• - - i . • r . - •_ _ •. • . . r 4 10 - ar-INN - • _ ._ . .. L Irfth WNL . r • . - - .. . . - _ • -1. _ • • . r Section 2. This section adds Section 9 -243 as follows: Section 9 -243. Violations. An erson failin to meet and follow the rovisions of this article shall be zuiltv of a misdemeanor and shall be subject to prosecution. Section 3. This ordinance shall take effect after the City publishes it. The Maplewood City Council approved this ordinance on November 1993. 3 ORDINANCE NO. AN ORDINANCE CHANGING THE TRUTH -IN- HOUSING ORDINANCE (Does not exempt family members unless given as a gift) The Maplewood City Council approves the following ordinance: (I have underlined the new wording.) Section 1. This section deletes Section 9- 237(b) as follows: (b) This article shall not apply to title transfers by gift, by court order or where the house or residential building will be demolished. L 'erg: • • / ONI • • • • / W . W.T.Th EEW� X • r • • • . • • Mop • • • • I • IN OLWOM I Will • OMMO I • I • r • • • . • / . • ffl • • • • • . •. • • ft . . r WON _ • • ♦ •• • • •• •�• • i i • •• • • .. • • . . • • • 6 L L • . I . • I • 111 11 111 • o ft " T " 7 I 1A • • • . • • • • • , OLW�o Rill Rill RLW ILMPP W III n • • • ` • ► • lP UP UP q RIM r QP V ILW�WAL A AP IV Il RIM If It K a 0 4P ILAWN Uft "WLw IP ILW� A AP q 1P V Ill 4 T " • •• • • •80 • I • •� i WWL;,� L L L;.V-^`I1IM 110 ILWT% AK •• 4 WIIIIIIIImm qwm-Ap III O 9 1. Am W W Il 0 16 L Il � offi 0 4 0 111 � W .0. Irr-IMELL -4 Nil ed ;.M m% !.W 4LM ;.V-1 RLWAVAP Ill kwm Wffl ILW RIIIIIIIIIIII • W K • 9 AR kwul • . I • . • • ra • . . • • r ► • • I . I • • • • • _ • am - • • Section 2. This section adds Section 9 -243 as follows: Section 9 -243. Violations. Anyperson failing to meet and follow the provisions of this article shall be zuilly of a misdemeanor and shall be subject to prosecution. Section 3. This ordinance shall take effect after the City publishes it. The Maplewood City Council approved this ordinance on November _, 19930 4 Saint Paul Area Association of REALTORS° Oft, T and MULTIPLE LISTING SERVICE 325 East Roselawn Avenue •Saint Paul • MN 55117 Phone: 612/774 -5206 •Fax: 612/774 -1177 October 29, 1993 1993 Officers PRESIDENT Michael Wood GRI Geoff Olson, Director PRESIDENT -ELECT Planning nd Community Devel Dean Trampe, GRI � Y p SECRETARY 1830. E. County Road B Kathy Madore, GRI, CRB City of Maplewood TREA SURER Maplewood, MIN 55 10 1 i '�? Robert Peltier IMMEDIATE PAST PRESIDENT Dan Sullivan, GRI 1993 Directors Dear Geoff, Jeanine Boyd, GRI, CRS Sheryl Craven, GRI Henry Brandis SRI Thank you for letting us know about the discussion related to Roger C la y b a u g h, CRB GRI Larry Harris, CRB ro osed changes of the Maplewood Truth -In -Sale of Housin p p g p g Patrick Igo Ordinance. It is our understanding that a member of the City Barbara Jandric, CRB Perry Nelson, GRI Council has asked for consideration of an exemption from the Gail LaShomb '.Mary Jane Rohde, GRI o rdinance when the transaction is between members of a family. Y Missy Staples Thompson Stephen Townley, GRI Sheri Updy GRI R transact the Wh Realtors@ do fac these types of transacti Anne waters exemption would not necessarily i m p act the industry to an p Y p Y Y National Directors significant extent. Although the law would have to be very clear on Mike Muske GRI how a family s defined. Further, we do wonder if there are issues Y State Directors Patrick Kinney GRI, CRS of discrimination that should be considered by the city. Your Kathy Madore, GRI, CRB attorney may also want to check the language i n the state Human Mike Muske, GRI Missy Staples Thompson Rights Act and other statute that may possibly apply. Michael Wood, GRI Executive Vice President Thank for the opportunity to respond to the proposed change to Keith O. Holm you the ordinance. Because we are interested in ail discussions arouna the ordinance, we will have someone representing the Association attend the Monday, November 8, 1993 hearing regarding this issue. Sincer y, Karen Chri tofferson Government Affairs Director REALTOR' cc: SPAAR Government Affairs Committee and Board of Directors 5 Attachment 3 EQUAL HOUSING OPPORTUNITY BANNIGAN &KELLY, P.A. ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING 5TH AND CEDAR SAINT PAUL, MINNESOTA 55101 (612) 224-3781 .JOHN F. BANNIGAN, JR. PATRICK J. KELLY JAMES J. HANTON JANET M. WILEBSKI JOHN W. QUARNSTROM Mr. Michael McGuire City Manager Maplewood City Hall 1830 East County Road B Maplewood, MN 55109 Dear Mr. McGuire: November 11, 1993 Re: Family NOV 1 21 ; n it i. . ..... a FAX (612) 223 -8019 At the last Council meeting, staff was directed to research the definition of family. Please find herein various definitions which may correspond to the Council's intent. 1. The American Heritage Dictionary of the English Language: family 1. The most instinctive, fundamental social or mating group in man and animal, especially the union of man and women through marriage and their offsprings; parents and their children. 2. One's spouse and children. 3. Persons related by blood or marriage; relatives; kinfolk. 2. Black's Law Dictionary: family 1. The meaning of the word "family" necessarily depends on field of law which word is used,. purpose intended to be accomplished by its use, and facts and circumstances of each case. LeRoux v. Rdmundson, 276 Minn. 120, 148 N.W.2d 812 814. Famil most commonly refers to group of persons consisting of parents and children; father, mother and their children; immediate kindred, constituting fundamental social unit in civilized society. People v. Hasse, 57 Misc.2d 59, 291 N.Y.S.2d 53, 55. A group of blood - relatives; all the relations who descend from a common ancestor, or who spring from a common root. A rou of kindred g p persons. p Hartley v. Bohrer, 52 Idaho 72, 11 P.2d 616, 618. Husband and wife and their children, wherever they may reside, and whether they dwell together or not. .Franklin Fire Ins., Co. v. Shadid, 68 S. W.2d 1030 1032. 6 Attachment 4 r Mr. Michael McGuire 3, Minn. Stat. 256h.01, Subd. 9: Page 2 November 10, 1993 family "Family" means parents, stepparents, guardians or other eligible relative caretakers, and their blood - related dependant children and adopted siblings under the age of 18 years living in the same home including children temporarily absent from the household in settings such as schools, foster care, and residential treatment facilities. When a minor parent or parents and his, her, or their child or children are living with other relatives, and the minor's parent or parents apply for a child care subsidy, "family" means only the minor parent or parents and the child or children. An adult may be considered a dependent member of the family unit if 50 percent of the adult support is being provided by the parents, stepparents, guardians or eligible relative caretakers residing in the same household. An adult age 18 who is a full -time high school student can reasonably be expected to graduate before age 19 may be considered a dependent member of the family unit. Minn. Stat. 256d.02, Subd. 5 family "Family" means the applicant or recipient and the following person who resides with the applicant or recipient: (1) the applicant's spouse; (2) any minor child of whom the applicant is a parent, stepparent or legal custodian, and that child's minor siblings, including half- siblings and step- siblings (3) the other parent of the applicant minor child or children together with the parent's minor children and, if the parent is a minor, his or her parents, stepparents, legal guardians and minor siblings; (4) if applicant or recipient is a minor, the minor's parents, stepparents or legal guardians, and any other minor children for whom those parents, stepparents, or legal guardians are financially responsible. CONCLUSION: As you can see, there are various definitions of family from limited to extended. Council may vivant to exclude transfers between parents and children based on Council discussion. PJK c: Ms. Lucille Aurelius Sincerely, / INIG A N x;I�� P. A. Patrick J. Kelly 7 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. DATE F NEXT FETING a. Oct er 2, 1993 9. ADJOUR ENT Meetin adjourned at 9:07 p.m. HRA Minutes of 11 -9 -93 -2- 7. NEW BUSINESS a. Truth -in- Housing Code Amendment Ken Roberts, Associate Planner, presented the staff report. Mr. Roberts explained that the Council is requesting an ordinance that would exempt sales to family members from the truth -in- housing requirement. The HRA considered what, if any, types of exemptions from truth -in- housing requirements should be allowed to family members. They felt that there are some transfers that the City could exempt from truth -in- housing, such as those due to a spouse's death, a gift or a divorce. The Commission felt that the City should not exempt family sales. The also felt that the City should Y tY exempt the purchase of a house which would be demolished for use of the property. Commissioner Whitcomb moved the Housing and Redevelopment Authority recommend that the City Council take no action on the ordinance at this time since the Commission feels there are family sales that should have truth- in- housin g , other transfers that should be exempted, and that other possibilities exist for exemption from truth -in- housing. Commissioner Connelly seconded Ayes - -all Regarding the ordinance adding a violation section to the truth -in- housing ordinance, the Commission noted that truth -in- housing probably does not have 100% compliance at this time. The HRA questioned what degree of active enforcement the City Council expects or wants of this ordinance. b. CARE Institute, Inc. - Senior Housing Project, Maryland and Lakewood Ken Roberts, sociate Planner, a lained that the developer is asking for tax- exempt financing to hel develop this h sing. Mr. Roberts also noted the project application and plans were n t ready for aff review for this meeting. The HRA will review this item at their next eeting. C. Resignation -Lori Truer Ken Roberts, Associat resignation to him t da of appreciation fo on that the City Co cil au 8. DATE OF NEXT ETING a. December 1993 9. ADJOURNMENT Tanner, explained that Lori Tauer submitted a letter of The Commission directed that Mr. Roberts do a resolution uer for her years of service on the HRA. They also asked :h rize staff to advertise the opening. Meeting adjourned at 8:30 p.m. AGENDA REPORT To: City Manager Michael McGuire From: Director of Public Safety Kenneth V. Collins` Subject: Amendment to Maplewood Ordinance Chapter 19 - Nuisances Date: November 16, 1993 Introduction Aot i on by C Chine 111.- Endorsed... Modif Rejected A Date .. The Maplewood City Council requested revisions to our nuisance ordinance that would control the loud playing of radios from motor vehicles. Background The new subdivision, which prohibits the operation of any radio or similar device that could unreasonably disturb the peace and quiet and comfort of any person nearby or at a distance of 25 feet or more, had its first reading and was passed by the Maplewood City Council on November 8, 1993. Recommendation It is recommended that the Maplewood City Council review and pass the second reading of this ordinance. Action Required Submit to the City Council for action and handling. KVC: j s Attachment 6 All operation ofany motor vehicle radio receivin set tape la er com act disc la er ,, Daqinq System or any other device for the production or reproduction of sound in a distinctly and loudly audible manner so as to n unreasonably disturb the peace, quiet and comfort of anY Derson nearby or at a distance of_25.feet or more. AGENDA ITEM AGENDA REPORT . otlon by Council Endorsed.... TO: City Manager Modifi -., lReJ ect ed,.�,., FROM: Public Works Administrative Assistant SUBJECT° County Road B -TH 61 Storm Sewer, Project 90 -14—No Parking Restriction DATE: November 14, 1993 Introduction This project was completed and has been accepted by council. In order to receive the remaining MSA funds for this project, it is necessary to restrict parking on County Road B from TH 61 to one -half mile east. Recommendation The attached resolution needs to be adopted. WJP jc RESOLUTION WHEREAS, the City of Maplewood has completed the construction of County Road B from TH 61 to one -half mile east; and WHEREAS, the city will be expending municipal state aid funds (MSA Project Number 138 - 010-06 and 138 - 020 -15) on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum Width standards with unrestricted parking; and WHEREAS, release of MSA funds is dependent on specked parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City of Maplewood prohibits the parking of motor vehicles on County Road B from. TH 61 to one -half mile east. AGENDA ITEM AGENDA REPORT Action by Council Endorse TO: City Manager Modified....-...- ]Rejected..-- FROM: City Engine Date SUBJECT: Routine Maintenance Agreement TH 61 East Frontage Road North of County Road C DATE: November 15, 1993 The attached agreement temporarily transfers the routine maintenance of the frontage road to the city. This is in response to the relocation of the south section of road this year and the planned reconstruction by the city next year. After the reconstruction is complete, the jurisdiction of the frontage road will be permanently switch to the city. Y It is recommended the city council approve the attached agreement. KGH jc Attachment MINNESOTA DEPARTMENT OF TRANSPORTATION ROUTINE MAINTENANCE AGREEMENT PREPARED BY METRO DIVISION MAINTENANCE OPERATIONS AGREEMENT BETWEEN AGREEMENT NO. 70625 • . THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF MAPLEWOOD FOR Routine maintenance of the east frontage road of Trunk Highway No. 61, from Ramsey County Road C to approximately 2,100 feet north of Ramsey County Road C where the frontage road terminates at its intersection with Trunk Highway No. 61, within the corporate limits of the City of Maplewood upon the terms and conditions set forth in this Agreement. Amount Encumbered NONE Maintenance Agreement No. 70625 Maintenance Agreement between the State of Minnesota and the City of Maplewood Trunk Highway No. 61 Frontage Road A G R Z E M E N I THIS IS AN AGREEMENT between the State of Minnesota, Department of Transportation (State), and the City of Maplewood (City). WHEREAS, pursuant to Minn. Stat., Sec. 161.38, Subd. 3 (1992), the parties desire to enter into an agreement relating to the maintenance of the trunk highway system within the corporate limits of the City upon the terms and conditions set forth in this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I The City shall provide, at its sole cost and expense, routine maintenance on the east frontage road adjacent to Trunk Highway No. 61 from its intersection with Ramsey County Road C to approximately 2,100 feet north of Ramsey County Road C where the frontage road terminates at its intersection with Trunk Highway No. 61. 1 Maintenance Agreement No. 70625 II The City shall perform the following maintenance on the above frontage road in accordance with the standards and guidelines that the City uses for maintaining its highway system: (a) Maintain the roadway so as to keep the same smooth and in good repair and free from obstructions and impediments that may interfere with the passage of vehicle and pedestrian traffic. This maintenance shall include all necessary preventive maintenance to preserve the roadbed, drainage structures and right -of -way in their present condition, including, but not limited to, proper and timely crack sealing of the surface, restoration of utility openings, and all necessary patching of the roadbed. This maintenance shall cover the entire width of the roadway and its appurtenances, such as: shouldering, curb and gutter, and sidewalk, if present. (b) Keep the roadway reasonably free and clear from ice, snow and debris all months of the year, and undertake proper cleaning, and ice and snow control measures when necessary. (c) Perform all necessary rubbish removal and maintenance of vegetation within the right -of -way limits that extend to the east from the west edge of the frontage road. (d) Place, install, and maintain traffic control and safety devices and provide such roadway markings and lane striping as may be necessary. (e) Furnish all labor, equipment, materials, supplies, tools, and other -items necessary for the performance of the work provided for in this Agreement at no cost to the State. 2 Maintenance Agreement No. 70625 III Authorized inspect the adequacy of representatives frontage road o the maintenance of the State and City shall jointly n a regular basis to review the work which is being performed. IV The City is not required under this Agreement to perform any extraordinary maintenance, betterments, construction or reconstruction. If the State desires the City to perform any such work, the parties will enter into a separate agreement therefor. V All materials used by the City in the performance of the work under this Agreement shall conform to the requirements of the Minnesota Department of Transportation Standard Specifications for Highway Construction, 1988 Edition, and Supplemental Specifications to the 1988 Edition, dated January 2, 1991, and to any subsequent amendments thereto. All traffic control and warning devices, and pavement markings shall conform with the Manual on Uniform Traffic Control Devices for Streets and Highways of the State of Minnesota. K, Maintenance Agreement No. 70625 VI The City may partially block the frontage road for a period of time necessary for the performance of the services under this Agreement. In cases of emergency, the frontage road may be wholly blocked and the passage of traffic thereon prevented by the City. At no time, however, shall the City continue to obstruct the free passage of traffic on the frontage road for a longer period of time than is reasonably required for performing the necessary work thereon. The City may also close to travel the frontage road at such time as it is necessary for the repair or installation of water or gas mains, electric or telephone cables, or sewers, but, except in extraordinary emergencies, the City shall first give the State ten (10) days' written notice and obtain a permit from the State before commencing or allowing commencement of such installation or repairs. However, the City shall not cause any portions of said frontage road to be closed to traffic for any reasons other than those above set forth and in no event for a time longer than reasonably necessary to complete authorized work. In the event of the total blocking or closing of the frontage road, the City shall provide a suitable detour during such time. The City shall conduct all partial and total closures of the frontage road under this Section in conformance with the Minnesota Manual on Uniform Traffic Control Devices and its most current edition of Appendix '8', Traffic Control for Short Term Street or Highway Work Zones. Maintenance Agreement No. 70625 VII The parties agree that all persons working on the frontage road under this Agreement are employees or agents of the City and in no way employed by the State, provided, however, that this clause shall not apply to persons employed directly by the State. All contracts and agreements made by the City with third parties for the performance of any work to be done under this Agreement shall be subject to the terms of this Agreement., VIII The parties agree that the City will not seek indemnity or contribution from the State, its agents or employees, in any claim, action or cause of action of any kind or character arising from alleged City negligence of the maintenance work to be accomplished by the City under this Agreement. EN This Agreement shall be in full force and effect beginning July 1, 1993 and shall remain in force through either June 30, 1995 or until such time the State - issues a Notice of Release Order to the City for the frontage road described in Section I, effectively transferring the frontage road to the City, whichever occurs first. This Agreement may be supplemented to meet changing conditions at any time during its effective term by written supplemental agreement of the State and City. This Agreement may be terminated by either party with thirty (30) days prior written notice to the other party. 5 0 I s Maintenance Agreement No. 70625 x The provisions of Minn. Stat., Sec. 181.59 (1992), and any applicable local ordinance relating to civil rights and discrimination shall be considered a part of this Agreement as if fully set forth herein. xI This Agreement shall not be construed as a relinquishment by the State of any powers or control it.may have over the above described frontage road. 6 is Maintenance Agreement No. 70625 IN WITNESS WHEREOF, the State and the City sign and enter this Agreement through their duly authorized officials: CITY OF MAPLEWOOD By Mayor (CORPORATE SEAL) Date By DEPARTMENT TRANSPORTATION Recommended for Approval: By 4 5j"r�, of Metropolitan Division ADE, Maintenance By Metropolitan Division Engineer OFFICE OF THE ATTORNEY GENERAL Approved as to Form and Execution. By Special Asst. Attorney General Date City Manager gTATE MINNESOTA COMMISSIONER OF TRANSPORTATION Authorized Signature By Date Approved: COMMISSIONER OF ADMINISTRATION By Date Authorized Signature 7 TOWN 3 MEMORANDUM Ac.on by Co un c il ; s Endorse TO: Modifi ed City Manager � . � g FROM: Director of Comm �o� ec�e� Community Development SUBJECT: Reduced Setback: 1191 South at e Century Avenue DATE: November 13 1993 INTRODUCTION Mx and Mrs. Valiukas are requesting that the City approve a reduced setback for their garage and house addition. (See their attorney's letter on pages 42 -44.) They live at 1191 South Century Avenue. (See the location maps on pages 7 and g.) Their garage and house addition are 7 -18 feet from a public street right -of -way. (See the survey on page 10.) The City Code requires a setback of at least 30 feet. The Code states that the City may alloti, a different setback. BACKGROUND May 1, 1980: The City Council approved a request to construct three houses on a parcel that does not front on a paved street: Keith Libby made this request. He is the valiukas's neighbor to the west. The Council required that Mr. Libby pave and maintain a driveway on the street right -of -way. Mr. Libby has since paved a drive to and built a house on one of the lots. Mr. Libby has completed all the Council conditions, except for providing a driveway turn - around. I have notified Mr. Libby that he must complete this. August 1, 1986: The City leased nine acres from the County for Fish Creek Park. The Park abuts the south side of part of the right -of -way. (See the map on page 8.) The park is undeveloped. Eventually, the City plans to develop a neighborhood park on this land. The right -of -way under the Libby's driveway is the only access to the park. When the City develops the park, the lease agreement states that the County shall provide the City with an access easement across County property. April 28, 1991: The Libbys recorded an agreement between themselves and the City about the driveway. The agreement covers the south thirty feet of the right -of -way. (See the agreement on pages 13 -16.) October 7, 1991: The City issued a building permit to Mx Valiukas to add living space, garages and a deck to his house. (See the south elevation drawing on page 11.) April 12, 1993: The City issued a building permit for new roof trusses on the front of the house. Apri126, 1993: The City Council asked us to investigate the Valiukas's garage and house addition. 11r. Libby had complained: 1. About the Valiukas's use of the Libby's driveway. 2. That the Valiukases built too close to the Libby's driveway. (See Mr. Libby's letter on page 22 -24.) Since then, the City Attorney and I have unsuccessfully tried to negotiate an agreement with the property owners. We had several meetings with the Libby's and. Valiukas's attorneys. We got as far as drafting the agreement on pages 17 -21. The Valiukases agreed to this agreement, but the Libbys did not. ALTERNATIVES 1. Approve the reduced setback, subject to conditions. 2. Require that the Valiukases move the building north to meet the setback requirements. DISCUSSION Dispute Over Use of the Driveway The Libbys and the Valiukases are having a dispute about the use of the driveway. ay. Mr. Libby complains that: 1. The Valiukases and their visitors block the drive with their vehicles. 2. Pedestrians on the drive are a safety hazard. 3. The Valiukases use the drive that Mx Libby constructed and maintains. The Valiukases complain that the Libbys speed on the driveway. They made a citizen's arrest of Mrs. Libby for speeding. Since the right -of -way is public, the City Attorney advised me that the Valiukases have the right to use this drive. The City is permitting the Libbys to use the right -of -way. The City did not give them sole rights to use the right -of -way. The Code does require a pernut to build a driveway on the right -of -way. The Valiukases, however, have not paved a driveway from their garage to the Libby's driveway. The City Attorney advised me that the City could require that Mx Ualiukas share in the cost of maintaining the drive. The Libbys have sole responsibility under the current agreement to maintain the drive. Mr. Libby objects to the Valiukas's and their visitors parking on the drive. The garage is eighteen feet from the driveway. Eighteen feet is enough room to park an average car 2 if the driver pulls up to the garage. The car would overhang the right -of -way, but not the driveway. Sometimes the Valiukases do not pull up to the garage. Visitors have been parking on the drive. Fire Code Eventually, four homes will use this right-of- way —the Valiukas's lot and the three Libby lots. The Fire Code requires the following for three or more houses on a driveway: 1. At least a twenty- foot -wide all- weather - surface driveway 2. No parking -Fire Lane signs 30 A turn - around for fire trucks at the end of the drive These same three requirements apply to two houses using a drive, except that the drive only needs to be twelve feet wide. (Mr. Libby's drive is twelve- feet - wide.) The drive will have to be widened to twenty feet before another house can use this drive. The City may need this right -of -way for park access some day. Because of steep slopes and wetlands, access to the City park may be difficult through the County land. If the City uses the drive for park access, the City will have to widen the drive to at least 24 feet. The Valiukas's Building Setback We made a mistake in issuing the permit. We should have required a setback of at least thirty feet from the right -of -way. The planner thought that the right -of -way was a driveway easement. If the right -of -way was an easement, the addition and garage would be legal. The mistake was unfortunate, but understandable. The mistake occurred because: 1. Mr. Valiukas's site plan showed the right -of -way as an easement. (See the site plan on page 9.) 2. The County labeled the right -of -way as a drive agreement on their map. (See the property line /zoning map on page 8.) The question now is whether the City should approve the current setback. The City Code states that the City may allow a different setback if it would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1. The proposed setback would not affect the privacy of adjacent homes. 2. The proposed setback would save significant natural features, as defined in Section 9 -188 (the environmental protection ordinance). 3 3. The proposed setback is necessary to meet City, State or Federal regulations, such as the pipeline setback or noise regulations. 4. The proposed setback is necessary for energy- saving, health or safety reasons. The Valiukas's addition meets the Code requirement for a reduced setback. The addition would not adversely affect the drainage of surrounding properties and would not affect the privacy of adjacent homes. The setback meets the intent of the Code. The end of the garage is 18 feet from the drive. The end of the house is 27 feet from the driveway. In a typical residential neighborhood, a drive could be within 10 feet of an adjacent property owner's garage and within 15 feet of an adjacent property owner's house. The City should approve the setback with conditions. RECOMMENDATION Approve the reduced setback for the garage and house addition because: 1. The addition would not adversely affect the drainage of surrounding properties and would not affect the privacy of adjacent homes. 2. The setback meets the intent of the Code. The intent of the Code is to require a minimum setback to future or existing public streets. The City does not intend to build a street on this right -of -way. The setback between the Valiukas's structure and the driveway is greater than in typical residential neighborhoods. 3. The right -of -way creates an unusual hardship to the Valiukas's property. The City requires a larger setback to a right -of -way than to a private driveway easement. Approval is subject to the Valiukases signing an agreement by January 1, 1994. The City Attorney shall draft this agreement. The City shall record this agreement to run with the property. This agreement shall contain the following conditions: 1. The Valiukases may install two speed bumps, one on each side of their house. The Valiukases shall paint the speed bumps yellow. The Valiukases shall submit a plan for the speed bumps and signs to the City Engineer. The City Engineer must approve this plan before the Valiukases have the speed bumps built. The construction must follow the plan. 2. By May 1, 1994, the Valiukases shall erect at least two each of the following signs along the driveway: "NO PARKING ON DRNEWAY", "SPEED LIMIT 10" and "CAUTION SPEED BUMP" (if speed bumps are installed). One set of signs shall be east of the Valiukas's house for west -bound traffic. The other set of signs shall be west of the Valiukas's house for east -bound mac. 4 3. By May 1, 1994, the Valiukases .shall pave at least enough off -drive parking for two vehicles. The Valiukases shall not have this parking paved until they get a driveway permit from the City Engineer. 4. The Valiukases shall pay the Libbys $75 each year for snow plowing. The City Council may change this cost if additional homes start using this drive or the competitive costs of plowing by independent services increases. 5. The Valiukases shall pay a proportionate share of the cost of maintaining the first 220 feet of the driveway. They shall pay 1/2 of the cost if two houses use the driveway, 1/3 for three homes and 1/4 for four homes. The Libbys shall decide when to maintain the driveway. If the Valiukases want more maintenance, they may do additional maintenance on the first 220 feet at their own expense. Either party shall give the other parry at least one week notice before doing any work. This nonce does not have to include snow plowing. 6. When a building permit is requested for a third house, the Valiukases shall pay for 1/3 of the cost of the first 220 feet of widening the driveway to 20 feet. 7. By June 1 , 1994, the Valiukases shall construct or plant a landscaped berm or hedge next to their deck. This landscaping shall be continuous and high enough so that children will not inadvertently run out onto the driveway. The Valiukases shall present a plan for this work to the City Engineer. He must approve this plan before the Valiukases do the work. All work must follow the approved plan. The pp p Valiukases are responsible for maintaining this landscaping to the above standard. 8. The Valiukases shall hold the City harmless from any claims that may arise from the driveway's use or maintenance. 9. If there are reasonable delays, the City Council may approve a time extension for the above conditions. 10. The above conditions shall apply to the Valiukases or any future owners of their property. go \b- 5:libbyval.mem (13 -28) Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Mx Valiukas's site plan for his 1991 garage addition 4. Certificate of Survey 5. S�,uth Elevation Drawing 5 6. East Elevation Drawing 7. Current Driveway Agreement (1981) 8. Proposed Driveway Agreement (1993) 9. Libby Letter (5 -4 -93) 10. Libby Solution to Driveway Problems 11. Arcand Letter. (6 -1 -93) 12. Arcand Letter (6- 25 -93) 13. Riley Letter (7- 13 -93) 14. Libby Letter (7- 15 -93) 15. Libby Letter (8- 29 -93) 16. Arcand Letter (9- 15 -93) 17. Arcand Letter (9- 16 -93) 18. Valiukas Letter (10- 11 -93) 6 .. SQ p -t 1 • • • u• • N •• �- nu eaR o . � 1 TR. DR �S CT .. .. _„ AVE ' • •. 2. VALLEY VIA •• . V ` OR. � � v : 3. LAKEWOOD LAKEWOOD CT 3 VALLEY VIEW `T EY ::.. 2 • a -e 1 HIGHWOOp AVE 74 s .• • �IIF �' Ate C1 � a So .+• V NEMrTZ AVE W J O v °� u 4. •: • • K OAK • • A40R • « pw* ., • S& • •• '•• : BOXWOOD AV S ''• • (Labe ti• : � Z L O o •. s� •• •. •, •. o CJ1R1/ER AVE. ©•• •.. • •. 0VERLOOK 43 •�. .: • 3 + , y . ... ,� , .. • t • ..s. •. ..r ., . • lb• • % • • t„ v � • •-i 4 CX .• . t • « RAM SEY COON �. * * . •_ • 0A, ' A • • i • , M • • • •• • ' Z i •tiI •• to • . • • • WASHINCTON COUNTY LOCATION MAP N Attachment 1 v 1 c b tK t A, 0 t t � O t t L . l 0 r C♦ 302, 1 �� 55 00 T► 1 10 Joel UBBY HOUSE zs (24) t m T 1 A , V T. L c 77 3.o7ar t � E7 N 3.00ac. co \{ wig ;I 477.57 t 18 o) oo � •� iC � N 4 t_ 1 .1 I2o FT oa%vlr� I • �g ' f igl �.SM-T � ' '- •` s *4 • � f 55 4.6 4 �.7d •c• . . 30 *A ' (O V a► 5 9 1.12' 31•G►��' - ��s — . 48 • , -C�4 o o �z9 58 .o' a •+v � � 19. r r DRIVEWAY r r ■ i r - r � r i F ISH CREEK PARK 1 • • ■ 0 1 i �• n • C P • Q i • 1 r 1 *was ssssams w"was assess smarmumu ,ri COUN"Tl OF RAMSEY 1.93 Li 1 211 440.3 3 r O i . f f �M 3� •a PROPERTY LINE /ZONING MAP 8 Attachment 2 4 N C♦ 302, 1 �� 55 00 T► 1 10 UBBY HOUSE zs (24) t , °/ N � T _ I r to • , m t f No • '�� 2,45 ac. 0 � to Z6 >* ra �o ri •t �� • C 6 D ` VA,UUKAS HOUSE lb r.iL. _ 0 'f + R; -~ T i ^± • r Jf' 1 A rf7"tT�1r •• • r t! r a s a. _ .. r r DRIVEWAY r r ■ i r - r � r i F ISH CREEK PARK 1 • • ■ 0 1 i �• n • C P • Q i • 1 r 1 *was ssssams w"was assess smarmumu ,ri COUN"Tl OF RAMSEY 1.93 Li 1 211 440.3 3 r O i . f f �M 3� •a PROPERTY LINE /ZONING MAP 8 Attachment 2 4 N j .V. f /'v c • 1 t 3 r e MIN I to R' fb P/4*t to,#O Attachment 3 t r i i t a t E I s 1 1 1 1� 1� "`-- -- • + f l .r o 1 r m • )Joao .1 1 I N _• N �. LCI ' #mr ; d J ' J N N h � s s • 4 N 0 J W Z 1 1 00 � i 0 O CC W a Ln v OD W �- Q r N O z U Z i W U 2 N W W W cc Q N t� S Q r cci 0 W U cc Q CL a C" t9 •, Cil LO N N N C CO N 0 a0 10 0 . 0 .4 " Attachment W Z C6 ul j wz 1-� > 14 >i • � C N �d V'i r f S ty V V' W r %, • cn �o r " • • a' f 1 14 >4 Q! ti Ir 14 O v ?-� • ll'% 14 N H (} N 41 y1 41 H x •"-+ 'd • r-4 +� 3 N C C M W 4J aJ cn O a • GG W 4J w >1 a z CO 0 H �o .0 •-t �&j b }/ o 41 Q) O E•+ •-+ E •t7 w to to >, 0 Ln 44 � a O --4 ,.O N W cn a 4 3 A � W Z 1-+bbb C 3 0ZX 0 4) R3 Z O V $4 On >•M4j a A N to 4 W O � 4 Q) L4 4J W W 41 4) ►-� o, C to b b a O a C" t9 •, Cil LO N N cc CM N Q 10 " Attachment W Z j wz �I r IIa i r � N Os � m log L- LL 6 ' In 143 w C4 .= .. 45 m 10 4:10 44-il 36� -of C3 �- �� I II R I . � N fQ CO C4 c-k Attad4nent 5 \ IKi film maw< Off ' . .1 I i •1 • • L I • • • • , �! _•�: I 1 �. I 12 jr • ~� � � • � � may/ / � • � w w .. t Alf, Attachment 6 O low W •�x �3 •= THIS AGREEMENT made and entered into this `�da of March L � Y 1981, by and between Keith Libby and Sandra Libby, y his wife, and Dean Libby and Lorri Libby, his wife and Jay L ibby, a single person, being hereinafter referred to as "Owners'" and the e City of Maplewood, a Mun Corporation, hereinafter referred to as "City the WHEREAS, that Libbys are Owners of certain land 1 1 in east y g t of Century Avenue, south of the crossing f Minnesota nesota Highway 694 and north of Carver Avenue and /or in order to ain • g access to said land, It is necessary for the Owners to obtain from the City he right Y g to develop a paved driveway within the roadway which consists ' of a strip of land described as follows, to wit: Commencing at the point where the western line of the right --of -way for Century Avenue intersects the south line of Section 13, Twn, 28 R,22 westerly, distance �- terly, a of 525 feet, thence at an angle of 90 northerly 30 feet o , thence at an angle of 30 • and parallel to the south line of Section 13, Twp, 28 R,22, a distance of 525 'feet to the westerly line of the right-of-way of Y e g y Century Avenue, and thence at an angle of 90' southerly 30 feet to the oint of beginning in lying in p g g y g Ramsey County, Minnesota, NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The City will permit the Owners to construct and ' maintain a driveway having a minimum width of at least 12 feet and shall be paved with bituminous material or concrete and shall meet the approval of the City Engineer of Century Avenue to the building ites g and shall have an approved cleared area maintained as a turn - around. 2. The Owner hereby agrees to maintain the driveway y to City standards, including snowplowing, at their total and excl _ us ive cost . 3. The obligation to maintain the driveway hall run n with the land butting. said driveway and the building ites described abed as follows, to wit: T�RE1I � �,� ✓ K F. "k N t_ � Attachment 7 13 Aud' r, 3m e Unj 1 ._ i� PARCEL " A " The Property of Jay C Libby That portion of Government Lot 1, Section 13 Township 28 North, Range 22 West, Ramsey County Minnesota described as follows; The South 302.11 feet of said Government Lot 1, lying westerly of a line 230.00 feet West of and parallel to the Westerly line of Carver Lots. PARCEL "8" The Property of Dean E, Libby That portion of Government Lot 1, Section 13, Township 28 North, Range 22 West, Ramsey County, Minnesota described as fo llows; The South 560.56 feet of said Government Lot 1, lying Westerly of a line 115.0 feet West and parallel to the Westerly line of Carver Lots. Excepting therefrom those portions of said Government Lot 1 described as follows; The South 302.11 feet of said Government Lot 1, lying Westerly of a line 230.0 feet West of and parallel to the Westerly line of Carver Lots, and any part or portion of the South 560.56 feet of said Government Lot 1 lying Northerly and Northwesterly of the Southeasterly right of way line of Interstate Route #494. PARCEL "C" The Property of Keith G. Libby That part of Government Lot 1, Section 13 Township 28 North, Range 22 West lying Westerly of Carver Lots and Southeasterly of Minnesota Trunk Highway #494 , •also described as follows; Commencing at the Southwest corner of said Government Lot 1, thence East along the South Line of said Lot 1 for 584.16 feet, more or less, to the Westerly line of Carver Lots, thence North along said Westerly line for 1063.28 feet, more or less, to the Southeasterly right of way line of said Highway #494, thence Southwesterly along said right of way to the West line of said Government Lot 1, thence South along said West line for 303.58 feet, . more or less, to the point of beginning. Excepting therefrom those portions of said Government Lot 1, described as follows; The South 560.56 feet of said Government Lot 1, lying Westerly of a line 115.00 feet `Nest of and parallel to the Westerly line of Carver Lots, F ON QUENT sm".;A 0& 2 Of SFER ENT � LOU McKENNAo D-M)ECIOR :'. tt V The aforesaid parcels of land shall �• carry with .them the � obligation gati.on to maintai n the driveway, including snowplowing, \�, g wplowing, and - shall be the obligation of the • ._parties holding fee and title. The Owners agree to save and • hold the City harmless from any and all claims which may arise out t of the construction , operation or maintenance of said driveway, IN WITNESS WHEREOF, the parties of th Agreement have caused in their presence to be executed today and here aforesaid. CI Y OF MAPLEWOOD BY r Mayor l BY i r' • a > anager Ke i th i.bb Sand � b BY Lorri BY 15 STATE OF MINNESOTA ss* COUNTY OF RAMSEY On this da of March,, 1981, before me, 1 . �A within and for Said- Count personall appeared Keith Libb and Sandra Libb his wife, and Dean Libb y and Lorri Libb his wife, and Ja Libb a sin person, to me known to be the persons described in, and who executed the fore instrument, and acknowled that the executed the same as the act and deed 0 A A 10, 1 _ E'T A c il b V A LA'S, ON ;N6tak THIS INSTRUMENT DRAFTED BY Donald L. Lais U A 19 0 A It P& A% buddaiii 16 LIBBY/VALIUKAS DRIVEWAY AGREEMENT THIS AGREEMENT, made and entered into this day of , 1993, by and between: KEITH LIBBY and SANDRA LIBBY, husband and wife DEAN LIBBY and LORRI LIBBY, husband and wife JAY LIBBY, a single person (hereinafter "Libbys ") and HENRI VALIUKAS and LYNN VALIUKAS, husband and wife (hereinafter "Valiukas ") and CITY OF MAPLEWOOD, a municipal corporation (hereinafter "City ") WHEREAS, the Libbys had entered into an agreement with the City on March 17, 19810 (See, attached Exhibit A), WHEREAS, Valiukas desire to utilize said driveway referred to in Exhibit A. NOW, THEREFORE, the parties, their heirs, assigns, transferees and representatives agree as follows: 1) That the Driveway Agreement (Exhibit A) is hereby incorporated into this Agreement and shall remain in effect; 2) The Valiukas will repair or reimburse the Libbys for damage done by a lumber truck to the driveway. The amount of damages shall be agreed between the Libbys and Valiukas. The Libbys shall advise the Valiukas of the date the truck . damaged said driveway, y 3) The Libbys and Valiukas agree that there shall be no speeding or parking on the driveway. The speed limit shall be 10 miles per hour. The Libbys and Valiukas shall install "SPEED LIMIT 10" signs and "NO PARKING ON DRIVEWAY" signs along said driveway. The 17 Attachment 8 Libbys and Valiukas shall i y a nstall at least two of each of these signs. One set shall be west of the Valiukas' house for west -bound traffic at a site to be determined b the Director of ' y Community for the City. The other set shall be p_a's'l'of the Valiukas' house for east -bound traffic at a i s to to be determined by the Director of Communi Development ' ty p t for the City. The cost for said signs shall be shared equally b the Libbys and Valiukas. q y y y as. Ma,mtenance cost for said signs shall be shared equally by the Libbys and Valiukas. The height of the si shall be determine g gn d by the Director of Community Development for the City, 4) The Libbys and Valiukas shall install speed bumps as determined b the Director P Y of Community Development for the Cit The Libbys n ' P ty y and Valiukas shall also install a "CAUTION SPEED BUMP" sign next to each speed bump. The c ' g p p cost and maintenance shall be shared equally by the Libbys and Valiukas. 5) The Valiukas shall pave at least enough off -drive arkin for two vehicles. The P g Valiukas shall not have this parking paved until the et a driveway permit from th Y g Y P e City Engineer. The cost of paving shall be paid by Valiukas. 6) The Libbys, and Valiukas agree to maintain the driveway ' Y gr' veway to City standards, including sanding and snow plowing, at their cost. The Libbys shall be responsible for keeping Y P P g the driveway plowed. It. is understood and agreed that the Valiukas shall a the Libbys $75.00 P Y y per annum for this service. This cost may be renegotiated when additional owners start using the driveway or living ost is not competitive with independent ' g P p t services. The Libbys and Valiukas shall divide the maintenance costs of the first 220 feet of the driveway equally among them. The Libbys and future owners shall divide the cost of maintaining dditional drivewa y distance among them. 18 7) The Valiukas shall construct or plant a landscaped berm or hedge adjacent to their deck. This landscaping shall be continuous and high enough so that children will not inadvertently run out onto the driveway. The distance and height of the landscaping shall be determined by the Director of Community Services. The Valiukas are responsible to maintain this landscaping to a standard determined by the Director of Community Development. 8) The Libbys must enlarge the driveway width to twenty feet (20) in the event there is additional construction of another house that would utilize said driveway. The standards of construction shall be certified by the City Engineer. The Libb Y s shall give Valiukas notice � so they can remove any trees or landscaping in the right -of -way in order to avoid destruction of bushes and trees. The final determination with respect to the removal of trees or bushes shall be made by the Director of Community Development. The Libb s and Valiukas shall pave the P Y P { .f turn around at the end of the av driveway. The Libb s and Valiukas shall not e the turn around Y Y P until the City Fire Marshall approves the design. The cost for paving the turn around shall be divided equally among the Libbys and Valiukas. The plans for the turn around shall be approved and submitted to the Director of Public Works. 9) The requirements of signage, speed bumps, landscaping and turn arounds shall be completed upon a date established by the City's Director of Community Development, 10) The City's Director of Community Development shall decide any disagreements eements over the interpretation of this Agreement. Any of the parties may appeal the Director's decision to the City Council which shall be binding and final. 11) The parties, their heirs, assigns, transferees, and representatives agree to save and hold the City harmless from any and all claims that may arise out of the construction, operation, 19 maintenance or use of said driveway, 12) The Libb s and ' y Valiukas shall maintain insurance Policies • ce policies covering damage or injury caused by the construction, operation, ' .maintenance or use of said driveway, 13) The arties their • p eir heirs, assigns, transferees and r • representatives, agree to lndemnl and defend against an claims brought y or actions filed against the . CI ' g ty, Its officers, employees, or volunteers for in'u . ry, property damage or death to an thud person • • Y p on or persons arising .out of the construction, o eratio . P n, maintenance and use of said driveway. IN WITNESS WHERE • 4F, the parties of this Agreement • gr ent cause their presence to be executed the day and year first above-written, LIBBYS B Keith Libby By Sandra Libby B Dean Libby B Lorri Libby B Jay Libby VALIUKAS B Henri Valiukas B Lynn Valiukas 20 CITY OF MA►PLEWOOD Lo Leo 21 5-4-93 Thomas Ekstrand, Associate Planner City of Maplewood ' ` , Mr~'[Ekstrand: At a recent Maplewood City Counc±lwn�eti�g, a problem _ concerning myself and my adjoining ne u a Henry Hen.y Valiu�s, ws ` discussed. It is my understanding - tha t this problem was referred to you to investigate, and to report back to the Council at a ` future meeting. Because of this , I am 'riting this letter to you,L in hopes that it will explain the problems I have incurred ' as'a property owner in. Maplewood. A=_: you know from past records, m. two brothers and I received permission from the City on March 27, 1981 to use 30 ' feet of a 33 foot roadway belonging to the City for a driveway to serve three building sites that were landlocked. We had gone through Iengthy negotiations and public hearings to prove that the thre� of us did indeed have grounds for such a variance to the [�ity code to justify this actton. For the right to use this 30 feet as a driveway, we agreed to .grade and pave a 12 foot driveway. We also agreed to maintain and plow this driveway in the winter~ At no time during this whole series of events, wh1ch included many reports and meetings, was any mention made by anyone of any reason for the property at 11q1 Go. Century Av., which is now owned by Henry la, iukus, to be considered to be a part of any agreement. This propei- y had no hardship - it was not l-andlocked - and the property had a driveway already established on the north side of the house, which led to a tuck-under garage. This driveway and garage still exist, although they are not in use. ' In November of 1981, Henry Valiukus and his brother Ralph bought the property at 1191 after it sat vacant for a time. From the time they purchased tAe property, they chose to drive up our ` ing in to park by their kitchen door. T driveway, and sw is proved very handy for them, since the driv ` had been graded and paved at our expense, and I plowed the snow in the winter. � Even though this use of our driveway was ' not exactl. legal, we did not think of causing any trouble with a neighbor. The ^ only contact that we had with the Valiukus brothers during the � next 8 or so years was when Henry would call to complain about our kids toys left by our driveway back by our house, or to complain that we drove too fast on the driveway. Since he was ` our guest on the driveway, and the toy problem was on Maplewood land, I thought he was out of line, but dec1ded to let it slide and get along. The real problems started in the fall of 1991. I came home from work to find a huge pile of dirt piled out onto our diveway ' . - 22 Attachment 9 ' - ` U ' --��PAGE 2 -- x� , � by his house, and my 'cable TV line cut. When I wen' up to ~ discuss the TV line with Henry mentioned ' nry, me oned that this addition � he evidentiv putting on was not legal in my opinion. I asked if the City was aware of the property lines, and he assured me that i� had all been checked t d okayed ' out an ' - again repeated ' ` - City Hall. I i ffv ` Dg ' -- ''--' point he got hu ad to assume that t"^',y= ,`='u" �w�y, _ The addition to his house was a lar famil - ' room` u'n` a 3 � li car ' garage ' ' feet —' his. - , ' -,~' t ' hi s propert line, With this addition, I Mrx Vali k' s has ' the w focus of driyeway and entr\/ ' Whereas eas th� ori i na ch ' l - , , Y. ..,-r g d a dri yeway and a ' front door pa'- �mg Ce�tury / v" , ` al l visitors come up my driveway, L and as al l visitors to a hous e do, d oo� to p�rk The �nly problem i pull up in front of the garage s ` that ther is no place to park, so the cars hang out onto my driveway. If those spots are taken, then visitor park right in my driveway. Even Mr. Valiukus and his wife park their cars hanging out into the driveway, and don"t use their 3 car garage. All pedestrian traffic � k taes place on the driveway. Mr. Val1ukus has complained about us driving on the driveway, saying when �hildren are present, it is very hazardous. This is very � true, but it is he who has caused the problem. Where do kids p1 7 On the driveway. Where do guys stand by their cars and gab? On the driveway. The only trouble is that it is my driveway! The steps leading from the new front entrance lead ri � t out into the driveway. It is very hazardous, and sooner or later someone will be hurt because of this situation. Right now only 1 house is built that is served by this drive, but in the future 2 more houses, with more cars, will creat more danger on City land! The result of all this is that an addition built wronglyv with Maplewood's permission has created a bottleneck at the Valiukus house. Since building this addition, Hehry Valiukus has , virtually taken over ownership of that area of Maolewood land and _my driveway by his house! Since that time, he ha harrassed us ' al/nost weekly about our use of "his" driveway. The only thing he hasn't complained about is my p lowin � of snow in the winter. - ' -` The final blow in all of this, and the reason I have taken steps to cure this problem,,, is that my wife was issued a ticket � by the police 'in December upon a "cit1zen's arrest" c | ��r1nated by the VaIiukus"s~ This move cost me money in lawy fee� and prompted m to start action ' , e us ar aga i nst what has been - lowed to happen. to Us and our property~ I had a survey done this winter to establish just where � the 30 feet we have use of exists. When you look at these markers, and realize that the - Valiukus property starts 3 feet north of them, it makes one realize just how ill-advised this addition really was! The last straw just occurred recently. The Valiukus property is undergoing further remodeling~ When a big lumber 23 ~ -~ PAGE 3 ` ' trUck made a deli the driver ca to the nz�l to turn around" �As he went �forward�'am�d ]z�rk,, and drivewa s he backed in by the Va1iuku� house he /�an� � ' �-- ' -�� - _ ' , '--geo��o crush the edge of my dr - 3.veway pavement in x6 places, They 'wil l all be potholes - soon needing r e p a i r , ' I' mar ked t hem, = ,.n _ one that cares about, this problem., To to bui 1 d g ivewa , � ges s _- - b y ` _o le gal � � to --_- H has cr eated a ver unsafe area .-For: his vi si tars t r I.-: a d wa 1 k to 0 pa his. hous � � ' -ownership changed the whol � f /� l 1 ' d ^ ` ' - int In ~~^', =o, he has c,e ateu � very real `-^,�ud �^�°�' �n� o iproperr zee� '�� /d 1 ax a his ti me '""== come t o recziry. r he e 'probzems" All My ' � savings in the world are 'tied up i� - ^ ^-' - and Mr. . li ^ i �. ~ "./ """==, . va uxus s threa�ening this investment I^ hope that these '' problems can be ^^ � ^ _ ` , p� � proo solved at the city level, but if the� - a r ' t-, -- inten ~-~~ follow this problem to a conclusion ~ ' � I would be happy to meet or talk at most any time to help to solve this situation. Sincerely, 8 --- �4z�`��^� 8 Keith G. L 1195 South Maplewood, 739-6391 ~~� ibby � Century Av. MN 55119 24 Solutions to Driveway Problem: th ' i Iiukusbeinformed by Maplewood that he has no right to use mi�-r ~ ~. d as a driveway or front yard, and that he h S- epresented his addition when he applied f as to und�rstand that he does not own this M or a permit, He so far has no legal right to use it as his s �ple�ood land, and access to his house, �s main driveway and -One solution is for Maplewood to forbid �li k s1 �' u us to use this roadway at all , nce he has never proved -- '' a nardship, �nd built an illegal addition, - Anothersolution is for Maplewood to sell the three landowner -,~^ '.a, e tne agreement with the City the 33 roa� oway s tney may control its usage, area, so -Ancither Solution Would have to contain the f011-win Valukius needs 220' for a driwmway and backi " of drivewzng around area" He could be aIlowed to use that 220 agreed to the followi �y area only if he to the one we have i ng conditions and signed a document simi1a s gned with the City: r 1. He has to pay 25% of the original cost fo of that 2Z0" �f driveway s1nce h r grading and pa«ing e has used i zn e:istence That cost is $528,00, r e«er since it was 2�That there be a sturdv fence installed along hi lzne +rom the last big e rgreen tree, past his door and s propert� tnzrst garage door, and fro the last garage doo tu t �eck to =,erg f 'een rree 1n the m line^ This is to prevent pe"lf ne ne:t c��min goown onto the road and also to remind visiop e rom alik st ehat this is NOT Valiuk / Signs z us propertycors and owners ^n a ll ed on this portion of th ' woulo nave to be ANY TIME' A sign could also b e e roadway indicating "NO pARKING limit, since that seems to b 1nstalled indicating a speed e a gripe with Valiukus. 3" Therewouldbe no outside or visitor parking off the dri ~` ^^^ '^ n y par k 1 ng, which there is no room fo «eway � visibility, and promotes pedestrian acti it r cuts down on ha«e to dri«e up the driveway and yzark I« h y" Valiukus should ha«e to provide off-street parking in frm on tz of his house and s garage" He would access from that direction for «isitors e^ 4.There should be some consequence that both he a d un de rstand if he or his visitors park on th n we isn't al1owed, e roadway where it 5. Valiukus pay me $75.00 per year for the 11 plowed his driveway. This includes a portio f years I ha«e ha»e sealcoated the driveway, n or the two times I 6 .SinceI f am l the one with the plow, he will pay me $75 00 per ,_ ar y ~-=' �l ro p�ow his driveway. This agreement wo 25 - Attachment 10 -- PAGE 2 -- continue between us until one of us sells. If Valiukus will agree in writing to these conditions, which I think are a reasonable solution to a problem he created, we will all be able to put this unfortunate problem behind us~ B E LL, ARCAN D, FLORIN 8 Tr NNANT i 2 19-93 AT'T'ORNEYS AT LAW EXECUTIVE OFFICE CENTER SUITE 400 2785 VtlHITE BEAR AVENUE NORTH *JAMES R. BELLXK SAINT PAUL, MINNESOTA 55109 JON J. ARCAN D PATRICK E. FLORIN KROBERT H. TENNANT June 1, 1993 Mr. Jeff Olsen City Planner City of Maplewood 1830 E. County Road B Maplewood, MN 55109 RE: Valiukas /Libby Driveway Dear Mr. Olson: AREA CODE 612 TELEPHONE 779 -6070 LE GAL ASSISTANT RITA WIEGAND xx OF COUNSEL Thank you for spending a few minutes on the phone with me on Thursday, May 27, 1993. The purpose of this correspondence is to outline Mr. & Mrs. Valiukas' position on the use and regulation of.the driveway which runs along the south edge of the Valiukas property. The first point that we wish to make clear is that this is a private driveway, however, it is located on the City right-of-way and y g Y a • is the City's desire that the property owners enter into an agreement resolving the questions between them and that presently i the City s not interested In maintain or enforcing regulations on this drive. Our position is that there are two very distinct issues, that of the maintenance of the roadway and right-of-way area , and the regulation of the speed in this area. The latter is the far more important issue to Mr. & Mrs. Valiukas. The City is well aware of their ior problems, P Because of the topography of this drive area, unregulated speed on this driveway is a disaster waiting to happen. Since the City cannot, as a practical matter, enforce speed restrictions 24 hours a day in this area, speed bum s and si na e p g g appear to be the most realistic solution. My clients will participate in the cost of installing one or more speed bumps, which should solve this problem. A CERTIFIED BY THE NATIONAL BOARD OF TRIAL ADVOCACY AND THE MINNESOTA STATE BAR ASSOCIATION AS A CIVIL TRIAL_ SPECIALIST 27 Attachment 11 Mr. Jeff Olson June 1, 1993 Page 2 The other area regards the use and maintenance of this area. My clients are willing to pay $75.00 per year for plowing in the future. While Mr. & Mrs. Valiukas may have obtained some benefit in the grading and paving of the driveway, it was a decision made by the Libby family and negotiated with the City of Maplewood without their participation. They advise me that their home was constructed approximately sixty years ago and that that dedicated roadway has been used as a driveway since then. It was dedicated to the City when platted in 1941. The upgrading and paving of this area was not essential for the use and enjoyment of the property. My clients are not willing to participate in past expenses for this area. With respect to some of the other points made in Mr. Libby's letter to the City, my clients would propose the following: 16 My clients would pave an area near their garage that would allow for parking near their garage well off the roadway and would allow for a backing or turnaround area off the paved roadway. I am enclosing a sketch of this proposal. 2. My clients are not willing to install a fence along the property line, and in fact will remove the metal stakes that have been placed there. We view the area between the right - of -way line and the paved roadway similar to a boulevard. The maintenance of this area is essential to the aesthetics of my clients' property. Any interference with their qualified use and enjoyment of that area is unreasonable. Mr. Libby states, "This is to prevent g people from coming down onto the road, and also to remind visitors and owners alike that this is NOT Valiukas property!" The fact of the matter is that it is the City's property for use as a public right -of -way. If the City were to vacate its right -of -way it would become my clients' property. Until it is vacated or the roadway expanded, or unless otherwise ordered by the City, my clients will continue to cut the grass and maintain it. An impediment to that qualified use of the property is foolishness. 39 We believe that a regulation of parking in this area is appropriate. I have noted the proposal for parking near my clients' , garage and would also participate in the cost of installing signs that recite "No Parking Within Three Feet Of The Paved Roadway." I am not sure that parking along the roadway has been a problem in the past, however, any problem of cars parking off of the roadway in that area and any interference with visibility is more of a speed problem than anything else. I am not sure that either the Valiukas family or the Libby family can prohibit pedestrian traffic in this area. 28 Mr. Jeff Olson June 1, 1993 Page 3 My suspicion is that if the City ever does develop he Fish -Creek Park that in ad P , addition to vehicle traf f i..c there may well be increased pedestrian traffic from the ad' fi neighborhoods. � ning We discussed some additional questions re ardin future , g g expansion of the roadway. It is my understanding that if residences are to be constructed on the Libby property that the road may need Y to be expanded to 20 feet in width, and that if the Fish Creek Park is developed it would require a 24 foot roadwa y . The 24 foot roadway would probably only need to be constructed to the - entrance to the Fish Creek Park. At that oint we would ass : would take P assume the Cit Y over the construction, operation and maintenance of that roadway as far as the entrance to the ar p k. We have concerns regarding the expansion of the roadway s ' Y it relates to the oak trees along the south edge of the right -of- way.' My clients advise me that, these are 'extremely melt' old trees and their destruction would be quite tragic. Expansion of t he P roadway surface further north In the right -of -way would require my cl ients move some Y � evergreen trees and they would want sufficient notice and opportunity o make these Y arrangements should any expansion be contemplated. It is our hope that an agreement regarding the future regulation g g use and re g of this roadway can be agreed to between the arties nd memorialized on their respective p tive titles. Any efforts that your offices can give in this matter are greatly app reciate d. Y PP d. Very truly yours, BELL, FLOR TENNANT' on J . Ar JJA /daz Enclosure cc: Henri & Lynn Valiukas 29 c j r 0 t i l 1 1 � 1 C ~�e V ' C 30 r . J 3 BELL, A.RCAN D, FLORIN 8 TENNANT ATTORNEYS AT LAW EXECUTIVE OFFICE CENTER SUITE 400 2785 WHITE BEAR AVENUE NORTH XJAMES R. BELL SAINT PAUL, MINNESOTA 55109 JON J. ARCAND PATRICK E. FLORIN *ROBERT H. TENNANT June 25, 19 9 3 Lance W. Reilly Courey, Albers, Gilbert & Reilly 100 Washington Square Suite 1117 Minneapolis, MN 55401 Patrick J. Kelly Bannigan & Kelly, P.A. 409 Midwest Federal Building St. Paul, MN 55101 Mr. Jeff Olson Director of Community Development City of Maplewood 1830 E. County Road B Maplewood, MN 55109 RE: Libby /Valiukas Driveway Matters Our File No. A- 12,353 Gentlemen: AREA CODE 612 TELEPHONE 779-6070 LEGAL ASSISTANT RITA WIEGAND Xx OF COUNSEL Thank you for the meeting that we had on June 23, 1993, at the City of Maplewood offices. I have had an opportunity to discuss the various issues discussed at that meetin g Y with m client. 1. Mr. Valiukas es agrees to have the broken asphalt edges g repaired. As discussed, it would be helpful if you could pin down the date that Mr. Libby feels these were broken by the lumber truck so that Mr. Valiukas may pursue the claim against the lumber company. He does advise me that Mr. Libby has large trucks come onto the premises and that these vehicles may as well be the source of the broken edges. 2. My client is unwilling to pay for the additional eight feet widening of he driveway. Clearly it is unnecessary at this time and would more properly be the responsibility of the p Y owner of the next building to be constructed since that is when the city will enforce its requirement. CERTIFIED BY THE NATIONAL BOARD OF TRIAL ADVOCACY AND THE MINNESOTA STATE BAR ASSOCIATION AS A CIVIL TRIAL SPECIALIST 31 attachment 12 Messrs. Reilly, Kelly & Olson June 25, 1993 Page 2 30 My client would share in the maintenance of the driveway, however, this maintenance would be limited to that p ortion that he uses, or approximately the first 220 feet. An agreement could be worked out whereby none of the parties could obligate any other for maintenance expenses beyond a certain Y tain level without the assent of all. 4. My client is willing to enter into an agreement for the plowing of the road, whereby he would p a Y Mr. Libby $75.00 a year as a contribution towards the plowing. At such time as additional owners construct residences to the west a review of the total cost could be made. 5. He would agree to add additional asphalt space next to his garage for the parking of another vehicle. It is my under- standing that we will have to discuss this parking and `turn around area in front of his garage with the city to either conform to their existing driveway width requirements or to obtain a variance so that it is clear the vehicles can turn around prior to entering the driveway. 6. My client remains adamant about speed bumps for the control of speed on the driveway since signage or a warning surface on the road would still require enforcement by the City of Maplewood, whereas speed bumps would not. 7. My client agrees that there should be no parkin along the g g roadway right -of -way and that appropriate signs can be posted. 8. My client has also agreed that some sort of a landscaped berm or hedge could be planted adjacent to his deck area to act as a visual division between the deck area and the roadway. This should be far enough from the roadway surface so as not to interfere with plowing and traffic • yet close enough to prevent the area between the hedge and the roadway from becoming a play area, la 910 At such time as the roadway would be widened to 20 or 24 feet, my client would like sufficient notice so as to move his mature spruce trees further from the roadway, As I understand the conclusion of our meeting, Mr. Kelly and Mr. Olson were going to inquire of the city engineer's office as to their recommendations on si na a and speed g g p bumps. If I recall correctly, the proposed speed limit would be that of an alleyway of Maplewood In the City p which is ten miles per hour. The city engineer's office was also going to advise on its recommendations for a location and size of speed bumps and if those were oin to be deemed appropriate b g g y the city. 32 Messrs. Reilly, Kelly & Olson June 25, 1993 Page 3 I look forward to hearing from you on these matters. Very truly yours, BELL, ARCAND, FLORIN BSc TENNANT J . Arc d �...�- J: JJA /da z cc: Henri & Lynn Valiukas 33 July 13, 1993 Mr. Jon J. Arcand, Esq . BELL, ARCAND, FLORIN & TENNANT Attorneys at Law Executive Office Center Suite 400 2785 White Bear Avenue North St. Paul, Minnesota 55109 Mr. Patrick J. Kelly, Esq. BANNIGAN & KELLY, P.A. Attorneys at Law 409 Midwest Federal Building St. Paul, Minnesota 55101 Mr. Jeff Olson Director of Community Dev to ent City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 RE: Libby /Valiukas Building Code and Drivewa Matters Gentlemen: I received Mr. Arcand's letter of June 25 1993 an • i d discussed its contents with my client. It �s clear that the private artzes are unable to jointly • P present a proposal to the City r � � to address the various issues presented. As I see it, the issues fall into two categories, public and private. The private issues g ' p p concern the claim for damage to the driveway nd the responsibility for maintenance of the e driveway. Mr. Arcand addressed these p rivate issues in paragraphs 1, 3 and 4 of his 1 p letter. There is at least agreement that these rivate issues must be addressed. If these issue es are separated out I am confident that the parties will work them out. 34 Attachment 13 COUREY, ALBERS, GILBERT & RILEY, P.A. 15 1993 A PR PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 1117, 100 WASHIN(,'TON SQUARE MINNEAPOLIS. MINNESOTA 55401 TELEPHONE (612) 339 -0441 FAX (612) 339 -2116 SAM T. CO UREY THOMAS 0. ALBERS tt OF COUNSEL SANDRA F. GILBERT _ LANCE W. RILEY DAVID N. COX JON K. HANtMARBERG JOHN B. WALDRON t GEORGE R. KODADEK (1905 - 1991) MARK J. VIENO ROBERT P . SCHWINN (1918 - 1990) JOHN' D. KOSANDA COLLEEN A. HARRIS - PEARSON ALSO ADMITTED TO PRACTICE IN PAUL A. ZIMMER ttNEBRASKA. WISCONSIN. IOWA tWICCONSIN July 13, 1993 Mr. Jon J. Arcand, Esq . BELL, ARCAND, FLORIN & TENNANT Attorneys at Law Executive Office Center Suite 400 2785 White Bear Avenue North St. Paul, Minnesota 55109 Mr. Patrick J. Kelly, Esq. BANNIGAN & KELLY, P.A. Attorneys at Law 409 Midwest Federal Building St. Paul, Minnesota 55101 Mr. Jeff Olson Director of Community Dev to ent City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 RE: Libby /Valiukas Building Code and Drivewa Matters Gentlemen: I received Mr. Arcand's letter of June 25 1993 an • i d discussed its contents with my client. It �s clear that the private artzes are unable to jointly • P present a proposal to the City r � � to address the various issues presented. As I see it, the issues fall into two categories, public and private. The private issues g ' p p concern the claim for damage to the driveway nd the responsibility for maintenance of the e driveway. Mr. Arcand addressed these p rivate issues in paragraphs 1, 3 and 4 of his 1 p letter. There is at least agreement that these rivate issues must be addressed. If these issue es are separated out I am confident that the parties will work them out. 34 Attachment 13 f 1 Mr. Jon J. Arcand, Esq. July 13, 1993 Mr. Patrick J. Kelly, Esq. Page 2 Mr. Jeff Olson RE: Libby /Valiukus Building ode and Driveway Matters g y Although the issue of the timing and responsibility for the widening of the roadwa could be characterized as a private issue, I believe it must be considered with the p ublic issues because a widening of the roadway would serve the double purpose of reducing he g acknowledged safety risk and providing a framework for addressing future allocation of responsibility in the City's best interest. My client therefore feels strongly that the issue should be addressed now in connection with Mr. Valiukus' petition for a variance from the building code requirements and his efforts to obtain a driveway permit and y p associated roadway agreements. The safety issue arose from the placement of Mr. Valiukus' addition and garage, in violation of the City" s building codes, virtually on top of the roadwa. Another factor which has been raised has been the speed at which vehicles travel on the d`riveway. There are two risks presented - vehicular collision and accidents involving pedestrians. There are of course also the problems which arise form blockage or interference with the drivewa y due to lack of off -road parking at Mr. Valiukas' site. I proposed on behalf of my client that these issues be resolved by the City requiring as a condition to the issuance of any variance that Mr. Valiukas: 1. Widen the roadway an additional 8' for a distance of 220' to both equitably reflect his use of the roadway by reasonably allocating such costs and to reduce the risk of vehicular collision coming over the hill to his home; 2. Provide a two car parking space next to his garage due to the lack of space in front of his garage; and 3. Construct a small fence or other landscaped barrier (a hedge for instance) between the roadway and his front entrance area to prevent pedestrians, especially children, from wandering or darting into the roadway. In addition to the foregoing, we suggested that the city post no arkin and speed p g p limit signs along the roadway and further install "rumble strips" in the roadway on the P Y approach to his home from the street where visibility is inhibited. Mr. Valiukus has not agreed to widen the roadway along his property, he has only agreed to a one car parking space, and he has agreed to some type of landscape barrier. I 35 f Mr. Jon J. Arcand, Esq. Esq. Mr. Patrick J. Kelly, Es . July 13, i993 e 3 Mr. Jeff Olson Page RE: Libby /Valiukus Building ode n ' g and Dri veway Matters have some reservations regarding his agreement to 1 • g place a landscape barrier insofar as he references a berm, the effectiveness of which I would u • q estion, but since both parties have referred to a hedge that might be a basis upon which p to find agreement. Further, Mr. Valiukus objects to our proposal to have rumble strips • • p installed and Instead insists upon a "speed bump" which my client ob'ects to because of the difficulties presented to plowing nd an apprehension which arises from the e experience we all probably share of having driven over speed bumps which could have served as tank traps. Given the foregoing points of disagreement the Cit is pos itio n hav to . t in .the posltton of havi impose specific conditions to any p it rants Mr. • . P g g Valiukus. In doing so it is only appropriate that the City keep in mind that Mr. Valiukus created the ro ' p blem by build in direct contravention of the Ci 's code as is clearly r ' ty � y ecognized m the Memo dated May 13 1993, from the City's counsel. ' There is little left for my client to do -but to await the Cit t s action to resolve these problems in a reasonable, equitable and forward looking ooking manner. Very truly yours, C OUREY, ALBERS . G Lm LWR: cah cc: Mr. Keith Libby tA. & RILEY, P.A. 36 J UL _ 7-15-93 Ms, Fran Juker Maplewood City Council City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Ms. Juker; Since you were good enough to bring my driveway problems up to the City Council some months ago, I thought you might be interested in the status of this situation. At the meeting that this situation was brought up it was referred to the City staff to investigate this matter ^' Both Mr Val1ukus and I, along with our respective lawyers, have had ^ several meetings concerning this driveway issue and the following points h been discussed during the meetings or by memo between the interested parties, the City s^ aff, or the City attorney. ' 1. Mr. Valiukus was issued a building permit for his addition and garage in violation of the City Building Code,, 2. Mr. Valiukus did not seek a driveway permit from the City which would have given him permission to develop a driveway as he has done. there 3. Because Mr. Valiukus has built so close to the roadway ere exs1sts a serious safety hazard to both auto and pedestrian traffic that must be addressed. 4. Because Mr. Valiukus has constructed his garage too close to my driveway there is no place for his visitorsf.o�park without hindering my use of my driveway. staff�5"TheCity Fire Marshal has informed Mr" Olson of the City that if more than two homes are serviced by this common drivewy it must be widened to 20 feet. 6. Mr. Valiukus 1s unwilling to share in any of the cost or responsiblity for the original driveway, or in widening the driveway to 20 feet where he uses it, or in making any changes whatsoever. Obviously, he desires nothing be done about this problem except he wishes to further restrict our use of our driveway by insisting that Speed bumps be installed by his house. Because of the code violations involved with the Val1ukus addition, I assume that the City of Maplewood will require him to apply for a variance to the building code at which time the City may put any necessary restrictions on his usage of this City land as seen fit. These restrictions will not only address the safety issue, but hopefully will more fairly distibute the responsibit 37 Attachment 14 -- PAGE 2 -- involved with building and maintaining this driveway. All the involved parties have now had a chance to give input to this problem, and now it lies with the City to take some action to resolve this situation, so that we all have something in black and white to refer to, and we may put this unfortunate incident behind us. If you have any comments or suggestions, I would certainly welcome them, Thank you for your continued interest-- Keith Libb 1195 So. Century Av. u/ Maplewood, MN 55119 739-6391 ccx Geoff Olson Director of Community Development City of Maplewood Geoff Olson-Director CitY of Maplewood 1830 E. County Rd. B Maplewood, MN 55109 Of Community Development LIBBY/VALIUKAS DRIVEWAY AND SETBACKIGSUE I have received a copy of Your r proposed aggreement concerning the problems existing with the current usage of my ".^veway. I have no intention of signing such an agreement/ Th problem which exists was caused by Mr. VaIi k ' e " uas the City when the addition was built o theV1and the staff of � If, because of the illegal setback an d b a� uwas �welling^ v built in a hazardous manner, I seen because the addition was ' shoulder any of the financial burden l b d o reason why I should problproblem. m, of trying to rectify this I am not willing to assume the burden of widenin g driveway to 20 feet if a third home is built on a plar t eo 'Lot- which this driveway was developed to serve I further willing to assume responsibility or carry �ns er am not insurance harm or injury involving the use of the drz«eway" nce covering any staff permitted this unsafe building and i If the city ' let them deal with the resulting danger., «a� u�as built it, I realize that the City council will have to make the final decision on this issue, so I am requesting at this time that urn this matter over to them so we may get some sort of you resolution" have spent $3 so far on a surVey and legal a � on this mat and anything has yet to be resolved. I sick of being made out as the bad guy on this problem e ^ am brothers and I had a perfectly good agreement with the Cy which we lived up to in every sense of the word until zry' else came along and caused our current troubles It' someone this matter to be resolved by the City Council "and someone for our lives', , ge on with Alb Please also be advised that Mr. Lance Riley of Courey pl ers G1lbert and Riley no longer represents me in this , mat t ease do not send any more correspondence concerni m er^ problem to him. Any information should be s en o t t ng me or this me d1rectly. � Keith G. Libby « 1195 So. Century Av. Maplewood, MN 55119 cc: Fran Juker, City Council 39 Attachment 15 F s Arcand & Associates • Attorneys at Law September 15, 1993 Jon J. Arcand Geoff Olson Director of Community Development City of Maplewood p , 0 3 9 183.0 East County Road B SEp ' Maplewood, MN 55109 Re: Libby /Valiukas Setback Issue - Dear Mr. Olson: Please find enclosed several hoto • property. You will • p graphs of the Libby /Vallukas note in photos 1 through 4 an old home* structure located west of the parties' h ' , e• This structure was built on a cement slab during the 194 0 s and was made out of ammunition paper. It w unction boxes and covered with tar pa enough p as serviced with electricity n • g , room to store three cars and a y d had Vallukas did use. I boat which Mr, and Mrs. It is my understanding that the driveway • ears iveway was in use for a number of y prior to the platting of the property Therefore, when the property as platted p party. There was granted. for y p tad the public right-of-way the possible opening of the street y discussed, the Valiukas family t� As we have advised o Libby or their predecessors were f the Libby desire to enter into not city and, thus were an agreement with the never contacted regarding the use and maintenance of this area. They simply • ears. y Ply used it as they have for many, many Y As a condition of opening he are - g a behind Carver Lots for development, the Lib family was required to pave y and to provide for a fire truck t (which p a drivewa never done) , urn- around was It is my client's position that t the present dispute would never have arisen but for the fact that Mrs. Libby road at an excessive speed thus placing Mr. and Y travels this Mrs. Valiukas and their invitees at risk. I am ' enclosing a copy of the citation issued to Sandra Jean Libb on December 28, 1992. The notation made by the officer is that she � • drivewa M c left 88 of skidmarks on the Y y lients have continuall complain and have as yet to resole y ed about her speed e this matter. I have aerial photographs show' • p showing the location of thi driveway prior to the development of the Libby property, In the absence of cooperation from • Ly nn V Mr - and Mrs. Libby, we feel that Henri and L y aliukas can enter into an agreement ' g nt with the City of Maplewood under their general police powers for the 2860 Snelling Avenue North Saint Paul, Minnesota 55113 Telephone (612) 636 -7094 40 Attachment 16 a Geoff Olson September 15, 1993 Page 2 regulating of public thoroughfares whether alley. We belie � then they be a street or an believe the city has the authority o r e g ula te le y g to the speed and post notice of a 10 mile - per hour speed l imit . We believe the city has the authority to authorize the installation bumps. Under the previous nstallatlon of speed P agreement with the Libby f ami l the a y are responsible for the maintenance of this, as would agree to is area. Mr. and Mrs. Valiuk g contribute to the maintenance and plowing. snow Any future expansion of the road should be the burden of whatever lot is to be added to the use of this roadwa . The to the west of the Valiukas ro ert y se lots from Carver Ave nue property Y apparently also have access enue to the south which would be an alt ' should . they find the cost of ernative too burdensome. If you have additional stons • hs leas � e after you review these. photographs, , p e do not hesitate to contact me. Very truly yours, JJA:brs Enclosure cc: Mr. and Mrs. Valiukas 41 ARCAND & ASSOCIATES Arcand Associ*ates • Attorneys at Law 0 September 16, 1993 Geoff Olson Director of Community Development City of Maplewood 1830 East County Road B Maplewood, MN 55109 Re: Libby /Valiukas Setback Issue Dear Mr. Olson: F57-Pi Jon J. Arcand The purpose of this correspondence is to apply on behalf of Henri and Lynn Valiukas for a reduced setback from the p ublic right -of -way. Even though you are familiar with the facts, I believe it is appropriate to set forth the circumstances surroundin g this application. On October 7, 1991, the City of Maplewood issued a buildin permit to Mr . and Mrs . Valiukas to remodel their home to add garage space, a deck, and living space, At the time of this application Mr. and Mrs. Valiukas and the City of Maplewood were under the mistaken impression that the improvements to the Valiukas home were to be adjacent to a private easement for drivewa Y purposes. The plat maps relied on by both the city and Mr. and Mrs* Valiukas k show the southerly boundary bordering on a strip of land labeled as "subject to a drive agreement". In fact, this driveway s located wa on a 33' right-of-way � g y g ra nted to the City of Maplewood most likely at the time of filing of the plat of Carver Lots in 1941. It is my understanding that if the area over which the driveway is located was a private easement that Mr. Valiukas llukas would not oe in violation of the city's ordinances. The fact that it is a public right -of -way, although not an open and maintained g p street, cause the greater setback requirements to apply. The neighbors to the west, the Libby family, g .y y, who also use this driveway, were also under the impression that this was a private driveway ince th y have an ongoing dispute with Mr. and Mrs 4, Valiukas over the use of the driveway which we are attempting resolve. ' The specific request is that the city approve a reduced setback from the north line of the public right-of-way to 7.3 fee g y t from the roadway to the closest point of the structure. This closest distance is at the westerly edge of the existing dwelling and garage. The easterly edge of the home is 16' from the public right -of -way . 2860 Snelling Avenue North Saint Paul, Minnesota 55113 42 Telephone (612) 636 -7094 Attachment 17 Geoff Olson September 16, 1993 Page 2 We would propose that the city grant the reduced setback for the existing Valiukas structure based upon the criteria set forth in Ordinance No. 707, and upon the eneral equities involved. With g � h respect to the ordinance, §3 Subdivision 8 provides that Y ou as the Director of Community Development, may allow a different setback if it. does not adversely ffect drainage and there a Y g re any other conditions as set forth in this statute that relate. There is no question of a drainage problem in this area. g p The proposed setback does not affect privacy of any adjacent homes or affect the use of anyone else's property. The location of Mr. and Mrs. Val luka structu is set back from Century �z� 150 The westerly ap proximatel y roximatel port pp� Y y p i.on of the structure is over 2 00 from the rear property line of the Valiukas property. The property to the south of the Valiukas property is open space and may someday be part of the Fish Creek Park. Since the dedicated right is g Y 33' and does not meet city standards absent the acquisition of additional property, this will never be a public street. At most it might be access to Fish Creek Park. Mr. and Mrs* Valiukas have spent approximately $50,000 on the remodeling of their home. The city's alternative to rant' Y granting the reduced setback is to order the removal of the structure. The burden of such a move is very great compared to any adverse imp act of granting the reduced setback. The action by Mr. and Mrs. Valiuka was unintentional and was based upon erroneous 'information p anon accepted by both Mr. and Mrs. Valiukas and the city. Again, as you are aware, in an attempt to resolve the driveway speed disputes with Mr. and Mrs. Libby, my client has agreed to certain conditions on the setback and use of h' ' is property in this area. Specifically, my client proposes to landscape this area in such a manner as to create a berm or hedge to prevent children from unknowingly wandering into the roadway, and to create a visual div i :3:�Gn swo WEe.- : the Val iu k a s prop and the r i g ht - of • , p .Y g -way, In addition, my client has proposed a driveway that would allow for parking completely off - street for vehicles in addition to those owned by Mr. and Mrs. Valiukas which could park in front of the garage. The granting of the reduced setback obviously s a re- Y p condition to the application for a permit to blacktop this area around his garage. Lastly, even though this property is held to the standard of a front yard setback, the circumstances are more like a side Y and in that the dedicated roadway as it presently exists could not be used as a public street. With the installation of speed limit 43 Geoff Olson September 16, 1993 Page 3 signs and "speed bumps," concern for the users of the Valiukas property or travelers on the driveway going to and from the Libby property should be greatly reatl reduced, In your previous memorandum to the City Manager, you indicated that a pre - condition to your granting such relief would be the execution of a comprehensive agreement between t ' g he city, Mr. and Mrs.. Valiukas and Mr. and Mrs. Libby, regarding all of the issues presently outstanding. My clients have indicated a willingness to execute the agreement that you proposed,. however, we understand it has , been rejected by. 14r, and iyli e . i,ibby try clients wish to refinance their home, but are prevented from doing so until this matter can be resolved They have proceeded in good faith but now are prevented from going further because of disagreements over the regulation of speed on the driveway. I have been advised that Mr. and Mrs. Libby have dismissed their attorney nd therefore, ears that v y , refore, It app 0 ears very little progress will be made in the near future. By a separate correspondence, I am forwarding you additional information to be considered in connection with the driveway regulation of speed dispute and the re g p d which we believe can be resolved. Thank you for your consideration in this matter. We look forward to an early resolution. Very truly yours, ARCAND & ASSOCIATES JJA : b r s on J* r c:and Atto ey at Law cc: Mr. and Mrs. Henri Valiukas 44 To Maplewood Cit Counci Members: On October 7. 1991, the City of Maplewood issued' a •buildin permit to Mro and Ivirso Valiukas to their hone to add g ara g e space, a deck, and livin space. At the time of this application, Mro and Mrso Valiukas and the cit of Maplewood were under the mistaken impression that the improvements to the Valiukas home were to be adjacent to a Drivate easement for drivewa purposes The plat maps relied on b both the cit and Yro and Mrso Valiukas show the Southerl boundar borderin on a strip of land labeled as Itsubject to drivewa agreement." In Ma 1993, the Valiukast were informed b the c i t of Mapl • ewood that there was a problem with their add-ition and asked to meet with them concernin the drivewa that both the Val iukast and the Libb use, The da before the meetin i,%Tith Geoff Olson and Pat Kell Lynn Valiukas went to the Ramse Count Land Records office to find out an information she could on the drivewa She spoke to Paul. Sievertson, Pro-pert Description Technician, Dept* of Propert Records Revenue* All of the naps Mr. S * levertson looked at showed the same information the Val iukas, had. "drivewa easement a was written over the -nlat copy. At first he told Mrs. Valiuk*as that, as far as Ramse Count was concerned, there was no underl roadwa After more qubstionin on what exactl that propert was, the ori inal plat was Dulled of the Carver lots, on this cop it was written Ilroadw It At the meetin with Geoff Olson and Pat Kell the Valiukas' were g iven a letter written b Mr. Libb while readin this letter, the Valiuk-asf noticed there were man false statements told about the histor of the drivewa and brou them to the attention of Mr. Olson and VIP. Kell Since then, Valiukast have been able to g et some proof of these falsehoods* The first 200 feet of the drivewa was ori constructed and maintained b the propert owners at 11 Centur Ave*, So* over 50 y ears a The Valiukast have several photo documents from the Ramse Count Surve and the Metro T "laste Commiss- ion to verif this statement. In addition to this proof, the Valiukast were fanil fr--,*,-ends with the previous o�mers,, the Harrisons, of the propert and had been. visitors there since the 19701.s. This drivewa was the onl access used b Harri- sons and their. g uests. 45 Pa 2 The Libb s d.eCi sion to access their land-locked propert over an existin drivewa ""00 feet lon alread graveled and graded b the propert oTmers at 1191 Centur Ave... SO... ws a a- decision obviousl based on economics rather th an an available easement throu their ow-n -oropert South to 'Carver Avenue, The Valiu1casl resided at 11 Century . r .eve., go* for the U greater n art of a y ear before t he Libb iu y s blacktop Ded the Val- • kas drivewa and the extra 325 feet the needed to satisf their contract with the cit onl aesthet icall The Val iukas t f ound thl s not y disple_*asin to the natural settin of thi are s a, but also a devaluatin factor to their Dropert B extendin the Val to drivewa an extra 325 feet In hke total. len 525 fee-- with a blind s-pot 1 . mal-c * t tur Avenue 1 u 50 feet from Cen. soon became a source of ilail endangern from I -hat re of speed should It was apparent *nmediatel 4 have bee - "a -ke cons era *dt u ..on in grantin this access. Sandra Libb has twice run -,peop off the drivewa at s he blind spot - p L Valiukas two years prior to - the buildin of the adds t'on in the loa!l of 1989 and"Ralph Valiukas on Dec. 28, 1992. This second,,incident Drecipitated a • c*t-izents arrest -orhich resulted in her ple g uilt y of violatin City ordinance unreasonable accelerat4on in the (Val- iukas) drivewa 1 191 Centur Ave*, SO* The Dolice report states that the defendant slid out of control for 88 feet. This is one of man documented and Filmed dail occurrences on this driveway. • The occurrences continue in li of the . 3. f act that a letter dated June 22, lc)92 was sent to Libb b Pat Kell of the C*ty of 1.1aplewood tellin them that llexcess� ive speedin on the road right-of-wa i not acceptAble a should stop nd immediatel Ire that y ou notif the users of the drivewa of the cit letter, complaint report, and the necessit t slow down." As recentl as last Thursda Oct. 6, 1093, a police off• icer was again Summoned to ask the Libb to /notif users of the drivewa of then t slow down. We have again filmed and documented continued speedin since then which we consider to be blatant and premeditated. We have spent t2000.CO in attorne fees in an attemDt to re- solve this situation, which -,,--re feel came about all be of the excessive and unsafe speedin on the drive 'a After months of negotiatin the c I *ty came • to us w w th a proposal. that the felt was fair to all parties concerned, i�h1 *ch we were willin to sign. At that time the Libb dismissed their attor- ne and refused to si the city's agg-reement, 46 T-1- 4 MEMORANDUM TO: City Manager FROM: Thomas Ekstrand, Associate Planner SUBJECT: Building Relocation Ordinance DATE: November 15, 1993 INTRODUCTION Action by Council* Endorse Modified----- _...�.� Rej ecte Date On August 23, 1993, the City Council directed the staff to change the building relocation ordinance. The Council wanted to require sod or seed in established neighborhoods. BACKGROUND This issue came up when the Council approved a house moving at 1520 Sherren Avenue. The Council had previously approved a house move onto the lot to the west. The house had been moved, but the lot had not been sodded or seeded. DISCUSSION Sod or Seed and Mulch Since January 1, the Engineering Department has been requiring erosion control measures for new homes and house relocations. These erosion control measures include sod or seed and mulch with the house construction. (See the erosion control requirements on page 5.) These requirements have been a policy rather than an ordinance. The Engineering Department is trying this policy informally before drafting an ordinance. The City Engineer plans to present an ordinance to the City Council this winter. The City Engineer recommends that we meet with developers before adopting an ordinance. Adopting an ordinance now for just building relocations would be premature. The Council should wait until the City Engineer presents an ordinance covering all new homes. If the City gets a house moving application before the City adopts a new ordinance.' the Council can require erosion control measures, including sod or seed and mulch, as a permit condition. Additional Requirements I have revised the subsection on deadlines and added three requirements. The current ordinance requires that all work on the house be completed within ninety days of the permit date. This is usually not enough time. Bad weather, for example, can delay construction. The Council should revise the Code to allow the Director of Community Development to extend the construction period another 60 days, with additional time extensions by the City Council. The deadline should only apply to the exterior work. The three additional requirements (subsections 5-7) are new to the ordinance, but not to moving permits. The Council has required these of most houses moved in the last few years. RECOMMENDATION A. Table action on sod or seed for house relocations until the City Engineer presents an ordinance to the Council for all homes. B. Adopt the ordinance on page 3. go \b- 5:housemv2.mem (5.6) Attachments: 1. Ordinance 2. Erosion Control Requirements E Attachment 1 ORDINANCE NO. AN ORDINANCE ABOUT HOUSE RELOCATIONS The Maplewood City Council approves the following ordinance: (I have underlined the additions and crossed out the deletions.) Section 1. This section changes Subsection 9- 64(b). There are no changes to subsections 2-4. (b) The following conditions shall avuly to all building relocations in the city, The Cily mgy waive anv of these requirements that do not apply to a specific situation. The City may add additional conditions. T�° ^ltu ,qtr. ^at; f�� ,^], ^t, ,• ^ „ "�a . . . . . .. . .. (1) An rruiQ nat itinnar- irrevocable letter of credit or cash escrow s_ be submitted to the city. This surety shall be for one and one -half (1 1/2) times the estimated cost of all vard work or exterior remodeling required by the city The city shall not release this surety until this work is completed. This work shall - - - be completed within ninety (90) days -of-the----- - - - - - the permit date. The director of communityevelopment may extend this deadline for 60 days if there has been a reasonable construction delay. The city council may approve additional time extensions. Section 2. This section adds new Subsections 9- 64(b)(5) —(7) The urope_rty owner shall sign an agreement to convey title. If the required work is not completed within the citv's deadline, this agreement shall allow the city to take possession of the house and property. The City may complete the construction or demolish and remove the structure. grading, drainage and erosion control plan shall be submitted to the city engineer. The city shall not issue a movinz permit until the engineer approves these plans. All construction shall follow these plans. The erosion control Wan shall be consistent with the Ramsev/Washinzton Soil and Water Conservation Erosion Control Handbook. The mover shall move the house between 12:01 a.m. and 6:00 a.m. The mover shall leave the house in the street until at least 7:00 a.m., but - no later than 01 10:00 a.m. There shall be no excessive noise or work on the house until after 7 :00 a.m. (noise ordinance requirement). Section 3. This ordinance shall take effect after the City approves it and the official newspaper publishes it. Approved by the Maplewood City Council on _, 19930 4 NOTICE Attachment 2 Erosion Control of Building Permit An erosion control inspection is required before any framing begins. The intent: is to limit dirt tracked into street and washed into adjacent waterways or property. At this erosion control and grading Inspection, all backfiiling shall be completed, the site shall be graded to bottom of topsoil elevation and a gravel pad for driveway from the garage to the street shall be In place. A silt fence or aqual shall be installed three (3) feet from the back of curb extending from the side lot Imes (extended) to the gravel driveway opening. Ac ;Jonal sttt fence shall be erected in site areas as directed by a representative of the engineering department. All fences shall be continuously maintained unfit such time that turf is established in the yard. Failure to obtain an erosion control and grading inspection approvel prior to framing or lack d maintenance of fences will result in a stop- work order. All contractors are required to use the gravel driveway access point hVead of driving over the curb. At final inspection, all disturbed areas must be sodded or seeded and mukhed If dirt enters street, permit holder will be required to remove. IlwolJ s+b fence ol«p pond bamdo�► or ocoss swk kavin9 P�tY Preossembled Sift fence- 722-5* (Mn /DOT Spec 3886) � _ 3' e2 face installed see deftil SILT FFNa DETAIL - - .- - - -- i have read and understand the Notice of Erosion Control requirements of the buildiing permit and will comply with these requirements. (Print Name) (Owner/Permit Holder Signature) Day Phone Number Date CALL 770 -4550 TO SCHIEDU EROSION CONTROL AND GRADING INSPECTION PRIOR TO FRAMING. NOTE: YOU MUST NO•I GOPHER STATE ON&CALL BEFORE DIGGIN G- -CALL 4544002 5 i I? of sift {+me Drokvp fabric set in nokh Pct�em by Com P bockfill '. . .,.... , low l so 6 •& • Maw f e' • �' • • :• C J� • Soo" graver frorn r • ' : • •v • s•: �':::•! • • • : •. f •� • • • • ploc�ed after- • ''• ' • ' ' •' and before {coming • . •+ • • b • • • ' • • M • a + • • • ' • . • of 0A i have read and understand the Notice of Erosion Control requirements of the buildiing permit and will comply with these requirements. (Print Name) (Owner/Permit Holder Signature) Day Phone Number Date CALL 770 -4550 TO SCHIEDU EROSION CONTROL AND GRADING INSPECTION PRIOR TO FRAMING. NOTE: YOU MUST NO•I GOPHER STATE ON&CALL BEFORE DIGGIN G- -CALL 4544002 5 Community Design Review Board -2 Minutes of 11 -9 - B. Code Change -House Relocation Ordinance Secretary Ekstrand presented the staff report. Ken Haider, Director of Public Works, explained the history of several previous house relocations in Maplewood. The Board discussed that in the past, several movers have asked them for less restrictive hours in which to make the move. The Board felt the movers should be allowed to start to move the house earlier than two a.m. Boardmember Robinson moved the Community Design Review Board, recommend: A. Tabling action on sod or seed for house relocations until the City Engineer presents an ordinance to the Council for all homes. B. Adoption of the ordinance about house relocations, changing Section 2 (7) to read: The mover shall move the house between 12 :01 and 6:00 a.m. The mover shall leave the house in the street until at least 7 :00 a.m. but no later than 10 :00 a.m. Boardmember Holder seconded Ayes - -all VII. k. VISITOR PRESENTATIONS were no visit& presentations. VIII. BOA'** PRESENTATIONS There w�r,e'no Board presentations. IX. STAFF/PRESENTATIONS Vre were no\�taff presentations. X. - ADJOURNMENT Meeting adjourned atNZ:35 p.m. AGENDA NO. J"- AGENDA REPORT TO: Cit Mana FROM: Assistant Cit Mana &tp," ALch RE: COMMUN CENTER PROJECT CHANGE ORDERS DATE: November 12, 1993 INTRODUCTION Action by Council: Enid orsed.......- Modified...... Re ecterl--- Dat e The communit center is under construction. Some sli chan to the buildin desi and the condition of the site's soils re chan orders. There are sixteen separate details that effect all three prime contracts. Cit Council approval is sou for the three chan orders: Increase Adolfson & Peterson's contract b $6,314 increase Dood Mechanical's contract b $1,333 and decrease Hunt Electric's contract b $26,904- BACKGROUND Desi Chan Fourteen items in the buildin desi have been chan These are found on the attached sheet as P.R. l 2 and 3. The UP means unit prices and refers to the soils removed around the foundation of the buildin and the soils which were imported to date throu A&P's contract. The Cit Council previousl approved Chan Order #1 for A&P - not to exceed $25,000. The exact UP amount is $23,335 as shown on the attachment. The chan in the buildin desi are a result of two thin final plan review b the Cit and the State Department of Health and additional value en g ineerin g recommended b the contractors. Thin such as increasin the fire ratin of doors and addin deck drains around the pool are items that are cau in final plan review. Health and buildin codes are subject to interpretation, and the re a re that some chan take place. Additional items include the extension of the kitchen wall len to accommodate the actual models to be installed (the specific manufacturer of kitchen e was left up to the g eneral construction contractor) and lar drain the needed due to the water that was found on the site durin excavation. Value En After the award of bids, all contractors were asked to review the plans and make an recommendations about value en Are there wa to substitute other materials or another desi to save mone but not sacrifice q ualit y ? The answer was y es. The mechanical contractor su usin a different t of pipe in an area, and the electrical contractor made various recommendations to the architect and construction mana All value en recommendations have been thorou reviewed before the were included in the chan order re Changes To Each Contract 1. Adolfson & Peterson: On October 11., 1993, the Cit Council approved Chan Order #1 to the A&P contract for soils corrections in an mount not to exceed $25,000. Toda recommendation is Chan Order #2 for $6,314 ($29,649 minus $23,335 (soils) e $6,314). 2. Dood Mechanical: The re is Council approval of Chan Order #1 to the Dood Mechanical contract in the amount of $1,333. 3. Hunt Electric: The re is Council approval of Chan Order #1 to the Hunt Electric contract in the amount of ($26,904). It should be noted that Maplewood C Center Construction Mana /Architect's Report #1 presented at the Council/Mana workshop on November 1, 1993 provided the estimates for fill needed to complete the site. Before the completion of the pro an additional $100,000 will be needed to complete the soils corrections. RECOMMENDATION It is recommended that the Cit Council approve the followin chan orders: 1. Adolfson & Peterson Chan Order #2 in the amount of $6,314.- 2. Dood Mechanical Chan Order #1 in the amount of $1,333 and 3. Hunt Electric Chan Order #1 in the amount of ($26,904). tmc Attachment w: \acm \ch #2 CHANGE ORDER AIA DOCUMENT G701 OWNER X City of Maplewood ARCHITECT AKRW Architects, P.A. CONTRACTOR FIELD MCGOugh, Construction Manager OTHER ❑ Maplewood Community Center PROJECT: 2100 White Bear Avenue P (name, address) Ma lewood, MN 55109 TO CONTRACTOR Adolfson & Peterson, Inc. (name, address) 6701 West 23rd Street Minneapolis, MN 55426 The Contract is changed as follows: CHANGE ORDER NUMBER: DATE: ARCHITECT'S PROJECT NO: CONTRACT DATE: CONTRACT FOR: Add the. Work referenced in Proposal Requests # 1, #2 and #3 into the Project Scope. # 1 -A &P October 28, 1993 92076.00 July 12, 1993 General Construction Correct soils (removal) for the unit price stated on the Bid Form, as outlined in a letter from Adolfson & Peterson, dated Octo- ber13,1993. Correct soils (import) for the unit price stated on the Bid Form, as, outlined in a letter from Adolfson & Peterson, dated October19, 1993. A cost breakdown of the above items is contained on the attached "C.O. Summary ", which is hereby made part of this document. Not valid until signed by the Owner, Architect and Contractor.. The original (Contract Su $5,372,300 00 ' SLIM) (Guaranteed Maximum Price) was ........................ � Net change by previously authorized Change Orders ............................... $ $0.00 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was .......... $ $5,372 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) $291,649.00 (unchanged) by this Change Order in the amount of ............................ $ The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be .. $ $5,41,949.00 The Contract Time will be (increased) (decreased) (unchanged) b No September 1y `` , 1994 0 ) days The date of Substantial Completion as of the date of this Change Order therefore is p NO'l : 'I'lliS SLI111111ary docs not reflect changes in the Contract Suns, Contract Time or Guaranteed Maximum Price which have I)ec authorized by Construc00)11 Changc Directive. AKRW Architects, P.A. Adolfson & Peterson AR ;I111TC`I' CONI'RAC'I0R 821 Raymond Avenue, Suite 400 6701 West 23rd Street City of Maplewood OWNER 1830 East County Road B Address Address Address St. Paul, MN 55114 Minneapolis, MN 55426 Maplewood, MN 55109 a I3Y /f /A,; y I3Y t)ATE r✓ - I)AT DATE lb IL it� Y u � �� sign an original AIA do ment which has this caution p rinted in red. o 0 9 p n original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT G701 • CHANGE. 0RDEK • 1987 EDIT10N • AIAU • U 1987 0 T1IE AMERICAN INSTITI TIT 0F ARCI IITE.0 S, 1735 NE ,W YORK AVE'- N.W., WASHING - 1 . 0N, D.C. 20006 G701 -1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. I NSTRUCTION 1 A .f, A D (. \.J..i 1k1 .E. T C; C 1 1.A.A 0.f ', OR....A.i - Z A. GENE INFORMATI 1. Purpo 'Ibis c:Icrc urn nt. is intcJl(lcd Wr r.lsc: in impIf:•rnenting c:h;auges in the N001, agrt::c d to by the (::)vvrl "t i1rchitect. a nd t: ontrarc:tc >r. 1. xe c.`t. lt i mi ( r a ctj w- l)I(°ted (0 01 1 brrn irlclimius ,tt ivenwilt: t.tp a n I tc'ril of the ('1 I.tn€:;cs il l the (:011tra Sum Qr (: ustr ntccc Puiwirllrlm l�r'if:'c :) atilE (:f )rlt r:tc t iMC. R elated Documents rilk (:Ic;c:l.rtrlCIlt NNAS 111 1 0111 1. liar tl'W l.ir t he t.t,:HIP (I M.N g c(n)(.lit.it . r first. 1)t.bli.sht::c,l i t) 19 7 , i nc l - iding, ;- VI -A 1)(wuni(Alt ,.!M, C;(md iti( >n4 () IN: (. mitr.ict fur t;cmst. ictic)rl, .tr)c.f the + (wit.:litio ns cont.drwd i AIA i.X)ctrnlcnt4 A.10 an(.I AI I1 -'. I Use of Current Doc Prior ic) 1101114.trly" AI. -1 dur "scr tii mnsult the j1 ik, xi AJA (urrtpo nc:rit dt:ptc:r or ti cm€.nt .11:1 A)f..r.lEttc.,Jtts Price fist to c:lctcr Arx the cl.lrimit Wit:ion 4 catch doct.trnult. 4. Limited License for Reproduction AIA Dt)c:t:lrlx. G70 is a c:c: p - righ.t.c d � -vork 'Ind not be :linpr €.�dtl €:(N (ir c,werptc: d .lrc�rn in substt. tnt.istl I.. vvitl tt: (?xp- rc�,,,; \v vitten ` >li of thc .1.lk 'Ibe (:701 cic uirvent is inturl(:W if) 11c: t.th(:d a it m —that is, the c)ri yinatl docurvient [Air°ch;ased by th(� 11sc° is i a) I');' ('iMISI.irl°ied in tilt: c:c)l ( tic :t. u sc& ' f hc.'rc is no iniplicd pc. ri ll issit)ll to 11 : 1 )1'c)t.Ium this ( no r c..l(ic.'', 11 lulllt' ershij') i I h c 1� :;ar Institt_iv of : (.mild al r lv lt.rrther rlt.',lit.` to n2pinc:ltlm t A limited licc:rlse is hewly pvantf: :c.l to rewl t)ttrchasc:is to r e lor cic: tuc e 4 1 ill. :MR111111 of tee c,opic s of �.3. c oll d (A- Mc°c:tIled 6701, but cmil) Or € se i n c()31ix wit a t_ ).tr'tic ular 1 , B. CHANGES FROM T PREVIOUS ED111 ON ' 1'Mikc th l)rc:Vic) cclitit) th(: 1987 (Aliric)n (0 0% % 1:D00.1111011 M, rlt (.. 1)l RUltahVS tll(: Sis rl:tturt..:s ( Athe: (.:jwilt_•r, rlrc hitu t wid {.0077rd1t!' 161 validity. (Ji .ing('s tt) Inc ni, f),(: r IN: Cnitr.lct(3k (;I) (00 c fi':IA ltul wr llis tc; lac: , ct.ttet] :flier ti llc)t.ilc:i be Al'f. f:tc'c.I tllr(agh ilrt.:: tt o� (.) i\[A I N.)c:tul iH €. s74 E )w-tr uct.io )rl Nyanja; 1 #irecth . C. COMPLETING Pl.i TIN THE G70 FOB Description of Change in the Contryact Iroc :rt a (.Ic °tarn(° c.lcsc:ril)tio n of' the ch arm;(:' t() bc: r n"I.lc: in tl:lt: (,vntraict by this Ch .itlgc:'. in cluding a i 11y ctf)(-1- 111 )ell I's or other suppol-011 LIMA w) chri1j, the scope 4 the Avin 2. Determination ination of Casts hist`rt Ow fo llm v i tig ii'Ikrunario n in the M inks 1 3i"t)t'i(K1. and Gti t )tlt the t.f`mis i n parc'rltlu': (> thot f.t(3 i lt It appl 11) M e f)ri4: fin (.Gilt a i. stim f )i ( rtl.il:intc(:(.I Ni,:rNj tlum P rim, 11) 111C tict t I 1111", by t) rl°i'iouslt ;irrtllwizc:(.l c.:h<lnly: Orde (no tc that OWN ...it3r s n i r lt.lticic.' :"il.tr gr., <atithorizu l h {.(nisinwthn f Atli u I Aron s C f � }r ic'i ); tilt.' €. ni c:`�`� such a c har�� t.: \�'�t`� �nl }ti( f.lt.t( °.rltl3' ar e rc.'c'(: to) by the (,(.ti'iti<'i(:tt 3r aillCl t'(:(. i.�ic.l.c(.l a.� a C) tllc.: (011trild Swin w (.rr. mnint. Maxim Pricc: prk w t() tlli� Charigic: c.. )r( :Icr'; t.I) thu :rnl()tlrlt. (A inc:r(° se ur d ecrtllkic, if' . {11�, ill tilt; (; nlil<ic:t Strt)1 ()r Guini nt(:'(.'( .I N1url hick:; ,I A c.') the new t;t)rltr<ict. surn (;r Wr:t.i"antE'i'c.l M;t. Oi l i.i.iilr Prick! ;is ;t € :.lit.l°itt::t.l by this (., l l.tnly Order. 3. Change in Contract Time 111" :rt thc: lt)ll(. information il III(: [Allks plu icic d, ;lr lcl. ytrik mit the terms in t hat clt) I tnt <lppk : a) IN :.tall € "In ir c. l:irh (fl' t. illc'r€ is"! c)r c. Ic(:r_casc, if any in th C()nn. act lttti(.°:..tilct I)) tIl(.: (.l,ttc: t Wil);>t. ri 0 €.'ti()tl, i €l c,: luct ing vi n .at:jusrtlwrit. c:t'lt 'tc°c,l 1-.)v this €.;Ila ln�;(' Mjur. D. EXECUTION OF THE DOCUMENT Mum tllr. W vcr, :1rofiitc l and ( :t)ritrwi1)r Kim rua clyd ;lgrc'c nic ( > r l t.Ilt: ch ange t() he Imif. e in the €.c) irlc'lt.lt itlg — ;Iny - in the t.,€ n- tr;:tct. ` urn tc)r Guar;.trtt.c:(A MaxinHAll Price) .tnd (: r)ritnic:t 'I' niq tilt: {: ; doci.irl ent should ult.l. in triplicaltc by tht, two pantie s a nd tlic :1.rc hits ct, (A w all (►J'r�;IJ'r;tl. 1/88 C.O. Summary P. R. No. ITEM NO A & P Dood Hunt Total P.R. 1 Glassboard kitchen walls. $5,467.00 $0.00 $0.00. 2 Revise door to poo in 4 $0.00 $0.00 3 4 5 Revise door rating Revise door rating Add floor drains at p ool deck. in 4 $ 286.00 $0.00 $0.00 $0.00 $3,249.00 $0.00 $0.00 $0.00 $0.00 $0.00 $10 6 Add whirl of drain. $0.00 $1,262.00 $5 $4,511.00 2 1 Extend kitchen wall. $141,00 $0 $0.00 2 Add blank -off panel. $420.00 $0.00 $0.00 3 Revise sub -grade piping. $0.00 $5,896.00) $0.00 $0.00 4 Increase size of drain tile. $0.00 $2,718.00 $561.00 $39178.00 $0.00 ($2,617.00) 3 1 2 3 Eliminate conduit. Revise exterior light fixtures. Delete motor control centers. $0.00 $0.00 $0.00 $0.00 $0.00 $0 ($12, 636.00) $4,100.00) $10,120.00 4 Chan AHU. $0.00 $0.00 $0.00 -- $0.00 $48.00) $26 $26 UP 10/13/93 Soil correction removal 8/13 -9/18. $7,657.00 $0.00 $0.00 10/19/.93 Soil correction (import) 1742 c . $15,678.00 _ $0.00 $0.00 $0.00 ---� .... W. NO $23,335.00 $0.00 $23 TOTAL CHANGE ORDER #1 AMOUNT $4 Page 1 General, Mechanical, Doody Mechanical, Inc, CONTRACT FOR: or Electrical Construc- tion associated with Hunt Electric Bid Pk. #3. .CONTRACT DATED: - Please submit an itemized quotation for changes in the Contract Sum and /or Time incidental to proposed modifica- tions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION. TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description: (Written description of the Work) 1. Room #244: Delete epoxy paint on all walls in this room and add in its place, fiberglass reinforced plastic panels. Panels shall be "Fie X Glasbord" as manufactured by Kemlite Company, or equal. Panels shall be .09" thick and 4'-0" wide x 10' -0" high. Color to be white. Furnish all appropriate edge, corner and joint trim and seal all points with whine or clear rubberized silicone. 2. Doors #134A; Access to pool: Revise to Qty 1(from 2), size 3' - 0" x 7 (sarne), Door Type "D ", Frame Type "LL ire rating none, Hardware Group 9. 3. Door #101B, increase rating from 45 to 90 minutes. (mote this change has already been indicated on K &K's shop drawings.) . 4. Door #234A,, increase rating from 20 to 60 minutes. (Note this change has already been indicated on K &K's shop drawings.) 5• Revise floor drains at deck area in Aquatic Area #131 as follows: Infl. quantity by 7 total drains, and set at elevations indicated on attached drawing #A2.2, identified as Proposal Request Revise piping as indicated on attached drawing M22 identified as Proposal Request # 1. Attachments: (list attached documents that support descr iption) A22 M22, 13/SPA & 14 /SPA. (cons.) 6 • Add a drain line at back of whirlpool as indicated on attached drawings 13 & 14/SPA. ARCHITECT: AKRW Architects, P.A. 821 Raymind Avenue, Suite 400 Paul, Minnesota 55114 BY: St. Marianne Repp - O'Brien, AIA CAUTION. You should sign an original AIA document which has this caution printed in red. A g An original assures that changes will not be obscured as may occur when documents are reproduced. A #A DOCUMENT 0709 • PROPOSAL REQUEST 0 APRIL 1970 EDITION AIAO ®1970 THE ONE PAGE • � � OWNER Maplewood •' P. A. PROPOSAL ARCHITECT w Archie .. REQ CONTRACTOR FI ELD McGough, Construction Manager AIA DOCUMENT 6709 OTHER . PROJECT: Maplewood Community Center PROPOSAL REQUEST NO: 1 . (name, address) 2100 white Bear Avenue ._ Maplewood, MN 55109 • OWNER. City of Maplewood 1830 East County Road B September 14, 1993 DATE: TO: (Contractor) Maplewood, MN 55109 92076.00 Adolfson &Peterson ARCHITECT'S PROJECT NO General, Mechanical, Doody Mechanical, Inc, CONTRACT FOR: or Electrical Construc- tion associated with Hunt Electric Bid Pk. #3. .CONTRACT DATED: - Please submit an itemized quotation for changes in the Contract Sum and /or Time incidental to proposed modifica- tions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION. TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description: (Written description of the Work) 1. Room #244: Delete epoxy paint on all walls in this room and add in its place, fiberglass reinforced plastic panels. Panels shall be "Fie X Glasbord" as manufactured by Kemlite Company, or equal. Panels shall be .09" thick and 4'-0" wide x 10' -0" high. Color to be white. Furnish all appropriate edge, corner and joint trim and seal all points with whine or clear rubberized silicone. 2. Doors #134A; Access to pool: Revise to Qty 1(from 2), size 3' - 0" x 7 (sarne), Door Type "D ", Frame Type "LL ire rating none, Hardware Group 9. 3. Door #101B, increase rating from 45 to 90 minutes. (mote this change has already been indicated on K &K's shop drawings.) . 4. Door #234A,, increase rating from 20 to 60 minutes. (Note this change has already been indicated on K &K's shop drawings.) 5• Revise floor drains at deck area in Aquatic Area #131 as follows: Infl. quantity by 7 total drains, and set at elevations indicated on attached drawing #A2.2, identified as Proposal Request Revise piping as indicated on attached drawing M22 identified as Proposal Request # 1. Attachments: (list attached documents that support descr iption) A22 M22, 13/SPA & 14 /SPA. (cons.) 6 • Add a drain line at back of whirlpool as indicated on attached drawings 13 & 14/SPA. ARCHITECT: AKRW Architects, P.A. 821 Raymind Avenue, Suite 400 Paul, Minnesota 55114 BY: St. Marianne Repp - O'Brien, AIA CAUTION. You should sign an original AIA document which has this caution printed in red. A g An original assures that changes will not be obscured as may occur when documents are reproduced. A #A DOCUMENT 0709 • PROPOSAL REQUEST 0 APRIL 1970 EDITION AIAO ®1970 THE ONE PAGE f e E "Total Construction Services" 6701 West 23rd Street Mailing Address: P.O. Box 9377 Minneapolis, -Minnesota 55440 Minneapolis, Minnesota 55426 � l - (612) 544 -1561 FAX (612) 525 -2333 - 19 OCTOBER 93 FAX (612)_ 525 -2334 McGough Construction Co., INC 2100 White Bear Av 61� l B 19 Maplewood, Mn 55109 oc Attn: Ned Dripps Fc 93 Cr7 Re:Proposal Request # 1 a' h Maplewood Community Center 9 �Oti Gentlemen, Please Review these cost for Proposal Request # 1. Only items 14 apply to us. Item# 1 -Rm #244 SUBCONTRACT TOTAL PAINTING -$273.00-$273.00 DRYWALL- GLASBOARD $5480.00 $5480.00 Subtotal $5207.00 CONTRACTORS OVERHEAD & PROFIT 5% $ 260.00 TOTAL COST THIS ITEM $ 5467.00 Item #2-4 COST LABOR MATL TOTAL - DOOR MATL $ .00 $272.00 $272.00 SUBTOTAL 6 $272.00 CONTR OVERHEAD & PROFIT 40% -- --� 1 TOTAL COST THIS ITEM %UZI %J$-- 7 5 3• oo Please include the amount of-9 . 8 in a change order to cover these items. Please ca11 if there are any questions . Sincerely, Adolfson & P erso Michael A Quilty er Project Manager �- -- J g encl.: cEMtt,�� f OCT- 19--93 TUE 10:07 JUL I US B NELSON & SON FAX NO, .6123797004 P, 01 P1AtUM RS / Be NELSON 90 SON Inc. 9.62 CENTRAL AVENUE N.E. • MINNEAPOLIS, MINNESOTA 55413 (6 379 -3347 FAX (6 12) 31-79- 7004. Galy A. Lamn October 18 ` PmSideru i 19 9 3 Adolfson Peterson, Inc P.Q. Box 9377 Minneapolis, MN 55440 Attfi : Mike' Qui.lty Res PR f 1 Co=aunity Center Maplewood, MN Gentlemen: Per your request and PR 11, we propose to furnish all necessary labor, material and equipment to accomplish the painting on the above referenced project for the deduct price of l$273.001 . Work deleted; l) Delete painting at room 244, 21 Delete one door and opening #134A. Should you have any questions, please do not hesitate to call ate.' Very truly yours, JULIUS E , NELSON & SON , INC . Brad C. Pierson Project Manager _ BCP /bb 10/18/83 13:29 FAX 612 544 .8869 -+-+ -► A & P 001 /001 ol � 2823 Hedberg Drive ynipic Minnetonka, Minnesota 55305 Wall Systems I nc. Telephone: (612) 546 -8166 � Fax: (612) 544 -8869 AN EOUAL OPPORTUNITY EMPLOYER FACSIMILE TRANSMISSION DATE: — Il7I /9�Q3 TO: FROM: PAGES (INCLUDING COVER): REF: OFFICE # (612) 546 -8166 FAX # (61 2) 544 -8869 MESSAGE " NOTE TO FAX OPERATOR: Please deliver this fax to the above addressee. If Y ou did not receive all of the pages in good condition, please advise at your earliest convenience. Thank Y ou. ` Oct.. 18 ' 93 12: 01 T r A TTN : PROJECT: f� E.i� I.1,6►v� -- GA �'f.Lt�c?L� C- L 1�_ W Propose to supply the following �n the above ��. �,&JLS 0 .^" project: � n Dug. Sc y��s�u.�„� 5��,.�"4c.,b, -� r 4 4vI ° 2s VAL._, eJL9 -fit zo AT (A�A� DATE: ---21 0000 K & K SALES INC. TEL-612 P. 1 K& L ES. INC., J 4800 North Lilac OWN �� t� k. Brookl}vr Carter; Minn ora 5s429-3924 G v Phone.- 612.531 -M c ''�►�� ' � .I�` �� FAX.- 6 THE ABOVE FOR THE SUM of J 7t Sales T'ax Inc luded) We acknowledg receip of � addend$: Subject to the to nms and condi 6 ons i steel on shy t 1 page two of this proposal, contract or be att ched and made a ' a copy o this prop os a l purchase order race *ved. binding past of any Respectfully submitted., _ f K & K SALE , INC. • Acc�PrFp BY- Alta ' 1 ` meat ARCHITECT IJR -4L ,q,4R,DW,4RF.. 11UL1.UW METAL 8Y DA T E.. . MUES. WOOD DOORS AND PJZEJyUNG.T ` PROPOSAL ER OWNER ARCHITECT Cit of Maplewood A►��R Architects P.A. W ' REQUEST AIA DOCUMENT CONTRACTOR FIELD G709 OTHER McGough, Construction Manager PROJECT: (name, address) Maplewood Community Center 2100 White Bear Avenue Maplewood, MN 55109 P } PROPOSAL REQUEST NO: 2 OWNER: City of Maplewood : 1830 East County Road B - DATE. Se p September 14,1993. TO: (Contractor) Maplewood, MN 55109 Adolfson & Peterson AR CHITECT'S PROJECT NO: 92076.00 General, Mechanical Doody Mechanical, Inc CONTRACT FOR or Electrical Construc- Hunt Electric CONTRACT DATED tion associated with Bid Pk. #3. Please submit an itemized quotation for changes in the Contract Sum and /or Time incidental to proposed modifica tions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description (Written description of the Work) I. Room #244: Extend 11'-4" wall to 14' -4 ". Locate to allow 3' passageway on west side. 2. Add blank -off panel at curved upper portion of louver type "W ". Size approximately 1' -9" x 9' -8 ". 3 Revise cast iron piping to PVC, at underground locations only. Piping must meet all code requirements. 4. Provide a price to increase size of drain file to 6" from Grids 10 & E.5 around the east side of the building to Grids .10 &W. At (list attached documents that support description) None. ARCHITECT: AI RW Architects, P.A. 821 Raymond Avenue, Suite 400 St. Paul Minnesota 55114 BY: Marianne Repp- O'Brien, AIA ' CAUTION: You should sign an original AIA document which has this caution printed in red. l i An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT G709 • PROPOSAL REQUEST • APRIL 1970 EDITION * AIA® • O1970 • THE ONE PAGE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • SAM T "Total Construction Services" 6701 West 23rd Street Mailing Address: P.O. Box 9377 Minneapolis, Minnesota 55426 Minneapolis, Minnesota 55440 (612) 544 -1561 FAX (612) 525 -2333 FAX (612) 525 -2334 McGou h Construction Co., INC 06 OCTOBER 93 2100 White Bear Av Maplewood, Mn 55109 Attn: Ned Drlpps 00 O c t 1993 N. N ftn co j to CGa Re. Request #2 Maplewood Community Center Fns ��g Gentlemen, 6Z BZ Please Review these cost for Proposal Request # 2. Only items I & 2 apply to us. p � Item# I -Rm #244 extend wall 3 feet LABOR MATERIAL TOTAL 8" block 3 3 ea 1.84 $61.00 .94 $ 31.00 $ 92.00 scaffoldin 30sf .35 $11.00 .15 $ 5.00 $ 16.00 Subtotal LABOR INSURANCE @ 25.5% TAX ON MATERIALS 6.5% SUBTOTAL CONTRACTORS OVERHEAD & PROFIT 10% TOTAL COST THIS ITEM Item #2 -add blank off panel to Type "W" louver COST LABOR MA.TL blank -off panel 1 ea $40.00 $325.00 LABOR INSURANCE 25.5% i s o 2 TAX ON MATL 6.5% - 3� SUBTOTAL - TOTAL COST THIS ITEM 0 e f $ 108.00 $ 18.00 $ 2.00 $ 128.00 $ 13.00 $ 141.00 TOTAL $365.00 1.0.00 3 6 6---- cl zo , o0 CP- - 8-84 -� --- -- w - - - -- - -$43 .-89 -- tea, a0 5 � I , ao Please include the amount � � of ' in a change order to cover these items. Please call if . there are any questions. f . Sincerely, Adolfson & Peterson Michael A Quilty Project Manager encl. : cc: Clayton, file Doody Mechanical, Inc. Hunt Electric CONTRACT FOR: CONTRACT DATED: or Electrical Construc- tion associated with Bid Pk. #3. _j Please submit an itemized quotation for changes in the Contract Sum and /or Time incidental to proposed modifica- tions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION_ TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description (Written description of the Work) 1. Room #244: Extend 11'-4" wall to 14' -4 ". Locate to allow 3'--0" passageway on west side. 2. Add blank -off panel at curved upper portion of louver type "W ". Size approximately V -9" x 9' -8 ". 3, Revise cast iron piping to PVC, at underground locations only. Piping must meet all code requirements. 4. Provide a price to increase size of drain tile to 6" from Grids 10 & E.5 around the east side of the building to Grids ,10 &'W. Atta chments : (List attached documents that support description) None. ARCHITECT AKRW Architects, P.A. 821 Raymond Avenue, Suite 400 St. Paul Minnesota 55114 BY: Marianne Repp- O'Brien, AIA CAUTION: You should sin an on inal AIA document which has this caution printed in red. On 9 g An on inal assures that char es will not be obscured as may occur when documents are reproduced. 9 9 AIA DOCUMENT G709 • PROPOSAL REQUEST o APRIL 1970 EDITION • AIA® • 01970 ' THE = ONE PAGE AMFRIrAN I OF ARCHITECTS 1735 NEW YORK AVE.. N.W.. WASHINGTON, D.C. 20006 Vic• ... �'— �`'.i. f? ; ... PROPOSAL OWNER city of Map lewood W.Arch�tects, P.A. _ 5 - ,• ,, itr c Y w�� i.a t ✓ ,♦ r. a x�'' : ., `'',� ARCHITECT _ ... °' . ' .< REQUEST CONTRACTOR McGough, Construction er g FIELD AIA DOCUMENT G709 OTHER Maplewood Community Center 2 PRO)ECT: 2100 VAiite Bear Avenue PROPOSAL REQUEST NO: name, address) Maplewood, MN 55109 City of Maplewood OWNER : 1830 County oad B tY DATE DAT September 14, 1993 Maplewood, MN 55109 TO: (Contractor) 92076.00 Adolrson &Peterson ARCHITECT'S PROJECT NO: General, Mechanical, Doody Mechanical, Inc. Hunt Electric CONTRACT FOR: CONTRACT DATED: or Electrical Construc- tion associated with Bid Pk. #3. _j Please submit an itemized quotation for changes in the Contract Sum and /or Time incidental to proposed modifica- tions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION_ TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description (Written description of the Work) 1. Room #244: Extend 11'-4" wall to 14' -4 ". Locate to allow 3'--0" passageway on west side. 2. Add blank -off panel at curved upper portion of louver type "W ". Size approximately V -9" x 9' -8 ". 3, Revise cast iron piping to PVC, at underground locations only. Piping must meet all code requirements. 4. Provide a price to increase size of drain tile to 6" from Grids 10 & E.5 around the east side of the building to Grids ,10 &'W. Atta chments : (List attached documents that support description) None. ARCHITECT AKRW Architects, P.A. 821 Raymond Avenue, Suite 400 St. Paul Minnesota 55114 BY: Marianne Repp- O'Brien, AIA CAUTION: You should sin an on inal AIA document which has this caution printed in red. On 9 g An on inal assures that char es will not be obscured as may occur when documents are reproduced. 9 9 AIA DOCUMENT G709 • PROPOSAL REQUEST o APRIL 1970 EDITION • AIA® • 01970 ' THE = ONE PAGE AMFRIrAN I OF ARCHITECTS 1735 NEW YORK AVE.. N.W.. WASHINGTON, D.C. 20006 OCT 13 '93 10 :04 J H NICKLAS P.1 I H0 DUCKOLAS COO' AfANWACMAS" AM w 501 P RTLAN6 AVOM SL PAUL, b2PqNKWYrA 55102 -Z1S 612,293 -JM4 --- FAX 612- 291 -W9 • October 12, 1993 AdolCwu & Peterson, Inc. P.Q. Box 9377 M apolis, MN 55440 Attn.: Mr. Ml'cha.ei A. QuUty Subj: Proposal Bequest #2 Maplewood. Community C.ecda Maplewood, MN Gontlemen: First let us diaa you for helping uS with our orrors on this project. Your consideration is much appated. proposal Request #2 blanks off ti1e u curved area of louver a IIW % PPS � We will charge at the same rate the factory used on the other blanker -off louver wWc h is $9.56 per square foot or the s= of $325,W. plus 6/5% sa les tax. The actual sq uare fo otage covered is 34 sq. ft. Tbanks again for your help. we'll try and make it up to YOU in the future. Very truly yours, .T 1�' S CO. nn Nicklas JHNIeb c� PROPOSAL OWNER ARCHITECT � City of Maplewood AKRW Architects.P.A. REQUEST CONTRACTOR Qr McGough, Construction Manager FIELD d� AIA DOCUMENT 6709 OTHER Maplewood Community Center 3 PROJECT: 2100 White Bear Avenue PROPOSAL REQUEST NO: (name, address) Maplewood, MN 55109 City of Maplewood OWNER: 1830 East County Road B DATE: September 28 1993 Maplewood, MN 55109 TO: (Contractor) Adolfson & Peterson Doody Mechanical, Inc. Hunt Electric -] ARCHITECT'S PROJECT NO: CONTRACT FOR: _J CONTRACT DnTED: 92076.00 General, Mechanical, or Electrical Construc- tion associated with Bid Pk. #3. Please submit an itemized quotation for changes in the Contract Sum and /or Time incidental to proposed modifica- tions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description: (Writ(en description of the Work) I. Eliminate conduit systems except for theatre sound system conduit. Substitute plenum rated cable. Conduit is to be installed as required for mechanical protection only. Cable systems are to meet code requirements. 2. Revise exterior light fixture package as follows: Provide Spaulding, Cambridge series CEI light fixture in lieu of Gardco, Sterner or Kim "dome top" type fixture scheduled. Provide Louis Poulson post top fixture for mounting on top of precast concrete bollards as indicated for fixture type DDD. 3. Delete the four (4) motor control centers and provide panel boards with individual VFD's and motor starters. 4. Change the electrical characteristics of AHU -7 to 150 Amps, 480 Volts, 3 phase, #1 /0 copper and fuse at 150 amps. (This is consistent with shop drawings that have already been processed). Attachments (List attached documents that support description) None. za2 �1 � 4 fIV � SEP 199 cJ' 3 ' C31)wtry�f co G bh C On ) any, 1, n (4) • Sf ht� ARCHITECT: AKRW Architects, P.A. 821 Raymond Avenue, Suite 400 St. Paul Minnesota 55114 BY: Marianne Repp - O'Brien, AIA t I CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT G709 • PROPOSAL REQUEST APRIL 1970 EDITION • AIAQ © 1970 • THE ONE PAGE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ADOLFSON & PETERSON INC 6701 W .23RD STREET � CFj cn .-- Cor�oGo f�`cp MINNEAPOLIS MN 55426 Co s� Cr:1 612 544 -1561 CP LETTER OF TRANSMITTAL No. 00130 zl Project: MAPLEWOOD COMM CENTER Job: 3.201 s MCGOUGH CONSTRUCTON 2100 WHITE BEAR AVENUE 1 APLEWOOD MN 55109 Attn: NED DRIPPS t RE: PROP REQ # 3 MAPLEWOOD COMM CENTER MAPLEWOOD MN X Attached Separate Cover Via: - Shop Dwg Prints Plans Samples Specifications g Letter Change Order Other: � October 19, 1993 Fi Copies Date Item Number �1 Description F, 1 190CT93 z $$ F t PROPOSAL REQUEST # 3 T� 5 These above items r are transmitted for your action as noted: For Approval For Review And Comment Returned For Corrections X For Your Use Ap proved As Submitted Resubmit Copies For Approval As Requested Approved As Noted Submit Copy For Distribution Bids Due: Returned After Loan Return Copies Corrected Print THERE APPEARS TO BE NO COST FOR US INVOLVED IN THIS PROPOSAL REQUEST i - fl Transmitted by: t Signed: By: MICHAEL A ILY Date: 7 M i cc: 1 4. AdoKsm & "Total Construction Services" 6701 West. 23rd Street Minneapolis, Minnesota 55426 Mailing Address: P.O. Box 9377 Minneapolis, Minnesota 55440 (612) 544 -1561 FAX (612) 525 -2333 FAx (612) 525-2334 McGough Construction Co., INC = 13 OCTOBER 93 2100 White Bear Av 1415 Maplewood, Mn 55109 Attn: Ned Dripps � O � �g 93 Re: soil correction c� q �C Maplewood Community Center .Gentlemen, Unit Prices #I & #4b were used to make the soil corrections requested by Braun. 8/1.3/93 -27cy @$13.00 $ 351.00 8/24/93 -65cy @$13.00 $ 845.00 9/2/93 -120cy @$13.00 $1560.00 9/15/93 -13cy @$13.00 $ 169.00. 9/18/93 -364cy @$13.00 $4732.00 TOTAL $7657.00 Please include the amount 'of $7657.00 in our next change order, to cover the soil correction directed by Braun on the project site. Copies of Braun's quantities are included. If you have any questions, please don't hesitate to call. _ Sincerely, Adolfson &Peterson r t� Michael A Quilty Project Manager encl.: cc:Clayton,file t iEMl,!!�` at si F 11 TM 5014 7, 4 . MOT ono z,&, t� L A To A A E, . LA VIN N T t 1aS4041z, .- L.ZT TO 5CAL e4t yAe4 5� 7*4YI65 046S e-zl&e- 7i i. 30 f IV P `r'y 7?t«�• tilt k - ��, �' .Z t^�.+� � Yid �'' • i� ` �i'yE. i ' � ��i .r ! �7 x, i �" _ • T e 44 De 04 ------------ E� r ` - � t * ` � � � ' =y � '� :•!der E / �I�'��I • V ' `� � � I � • �� err ` j�iM � � �.�.-- .�..- .- ^-'--_ ' 3 /o y 3 A - - ., if• i- y' R .`�MI � *• � y�� ♦` \ • r �I Y' a�.�.�M1• �.ti iyr` �.I \.iY' .' � < y�� •. �. J{. �.^S,� ..ti `; `, �, T l �i �- � M' �" «. -.'M1� .� i . 4 : Y ..t.�:� ]!�� `•. '.:f r • .k.• s.. � ,•. : b • ��C�� tS l L � [� ;. �'4♦ ' "� '�: `r'��+► st r �� _L' ..�h ( ... L 74 t1 �� `��,. ''.•• �' •y ••l'ti „ � ♦ • � 1 � .��, 1 r 1. \ ►• M►. R ♦ �'} � . •► t .. � 1. ,.. 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Box 9377 Minneapolis, Minnesota 55426 Minneapolis, Minnesota 55440 (612) 544 -1561 FAX (612) 525 -2333 FAX (612) 525 -2334 McGough Construction Co., INC 19 OCTOBER 93 2100 White Bear Av Maplewood, Mn 55109 0 , �a . � 1 9 93 At Ned Dripps � q Qcr N �CF/VFp Re: Granular Fill Maplewood Community Center C9 Gentlemen, Unit Price #4b was used for computing the Bost to haul in fill material.. Fill hauled in 1742cy @$9.00 $15678.00 ----- - - - - -- TOTAL $15678.00 Please include the amount of $15678.00 in our next change order, to cover the fill hauled into the site as of October 11th. Please review the enclosed correspondence from Rehbein Excavating regarding the estimated additional amount of fill required to complete the project. If you have any questions, please don't hesitate to call. S incerely, Adolfson &Peterson Michael A Quilty Project Manager encl.: cc:Clayton,file 1 a r , GLENN ..r • A■ iiw _• . /H VG INC. 8651 NAPLES ST. N.E. BLAINE, MINNESOTA 55449 -6724 • (612) 784 -0657 14 October, 1993 ADOLFSON AND PETERSON 6701 west '23rd Street . Minneapolis, MN 55426 Attention: Mike Quilty Reference: Maplewood Community Center Gentlemen: The following is a tabulation of the granular fill material that we have imported for backfilling and soil correction work as of this date: Thursday, September 23, 1993 24c Y Friday, Sept. 24, 1993 540cy Saturday, Sept. 25, 1993 874cy Monday, Oct. 11, 1993 612cy. Total to date: 2 , 0 5 0cy ( loose volume) After submitting a sample of the sand material to Braun Engineering q g for their approval, I talked to Chuck Hubbard regarding the method of converting loose volume measure to compacted in- place volume to use for contract unit price purposes. Chuck agreed that.an 18% compaction loss is probably to be expected. This equals a load factor of approximately .85 should be used to convert loose volume to compacted in -place volume. Therefore, we have furnished 1742cy of sand (2050 x .85 = 1742.5cy) as of this date. Starting next week we should be importing about 1450cy of sand to backfill. the building area east of Grid 1 to the required new elevation. - ADOLFSON & PETERSON ATTN: Mike Quilt ism 2 14 October, 1993 Also I have been asked to 'estimate the total volume of fill . that should, be re to:;meet -elevations north of the Phase Phase III curb linO which is 30' south of the buildin It appears as thou about 11,-000c fill will be re This i broken down -as follows: South and west side of buildin 7,200c North oversize fill 600c Fill for buildin area Grid #1 t #3 (about 5000sf x'14' deep) 2, 600c Soil correction sand backfill 600c .Not all of the 11, 000c should have to be imported sand. When the surchar is removed, there should be about 400c of sand available if settlement is minimal. (Phase II contract included placin 11 feet of sand x 240 x 501 -- 670c . Other.material - in the surchar ma be. suitable to build the sloped area on the west side of the buildin in the lawn a reas. The pool excavation will g enerate about 1500c but onl part of that Soil will be suitable for backfillin purposes. There is about 400c of - excess soil that should be available from the Cit Hall Drive g radin g but that soil is mo likel cla or silt material rather than sand. I hope this answers some q uestions and c oncerns for now. Sincerel 4 -_ V_ "- AIJ Niel A. Banta Project Coordinator kb AGENDA NO. J 4 AGENDA REPORT TO: City Manager FROM: Assistant City Manager Groilim RE: OPEN SPACE PROPOSED PROCESS DATE: November 16 1993 INTRODUCTION Action by Counci Endorsed Modified Re j ecte Date On November 2, the voters of Maplewood approved the Open Space Referendum. This special piece of legislation makes $5 million available for the purchase of open space within the City. The purpose of this report is to present a proposed process of open space acquisition for Council consideration and discussion. DISCUSSION The following list of activities need to be accomplished to purchase open space. Step 1: Direct the Open Space Committee to re- evaluate the top 19 ranked parcels for availability. The Committee will be asked to be advisory only and will not be involved in the negotiations. In 1992, the Open Space Committee made an official presentation resentation to the City Council. Their work created a priority listing of the available open space in Maplewood. Two I * sts were generated: priority ranking of land by neighborhood and the same parcels ranking in priority of preference city -wide. During he last ear, some of these parcels g y � p may have changed in terms of availability. The Open Space Committee met and has provided a set of recommendations for the process. Please see the attached letter. Step 2: The Uniform Relocation Assistance & Real Property Acquisition Policies Act This piece of legislation is very important. It requires that certain procedures, notifications, and rights be observed whenever public funds are being used to purchase property. Even though there are no relocations, property owners of open space still have to be officially notified of their rights under the act. Procedures are also defined about appraisals, negotiations, use of eminent domain, and written notifications. It is recommended that the City hire the services of a relocation/ac uisition specialist to 9. P work on this project from the be ' g. The remaining steps outlined below would be conducted under the direction of the relocation/acquisition specialist. Step 3: Obtain the County Assessor's market values of the available parcels. Step 4: Owners of the properties that appear on the revised Open Space list should be notified by letter of the Referendum's passage and the Cites possible interest. This step is defined in the Uniform Relocation Assistance &Real Properly Acquisition Policies Act. Step 5: The City should obtain appraisals of some of the top preferred properties. Any properties that the City is considering acquiring should have a second review appraisal. Staff would speak with several appraisers to determine their credentials, capabilities, interest, and fees associated with appraisals of properties. It would be preferable to have one individual handle all of the properties. Negotiations could be handled by various individuals or groups. options are: � City staff /City attorney City - selected negotiator An independent negotiator will separate official regulatory duties of City staff persons from the purchase negotiations and reduce any possible appearances that the City is interfering for other reasons. The acquisition specialist would be a good candidate for this. Laws prohibit the appraiser from being involved with the negotiations. The Trust for Public Land (TPL) This is a national, private, non - profit organization that was formed to protect land for the public. TPL negotiates and purchases land from private owners and then sells the land to the government organization for a sale price based on the acquiring government's appraisal. The value of using TPL include timely purchasing, handling of all financial details in the negotiations, interim financing, and arranging multiple party land exchanges. This organization could be contacted for information. The Nature Conservancy This organization operates in the same manner that TPL does. Staff would also contact the Conservancy to ask about assistance. The funds needed for the appraisals, bond issue, and the acquisition specialist will be part of the $5 million. Note: Proceeds from the $5 million bond issue will be available in March, 1994. However, the Finance Department will work with negotiator to make money available before that date if required. It should also be noted that there are costs associated with the bond issue - approximately $100 The remaining $4.9 million will be available for land purchase and administrative costs. Step 6: Allow the Parks & Recreation Commission to review the possible acquisition sites, because there is the possibility of using PAC funds to purchase adjoining active recreation parks. Step 7: Look at different ways of purchasing sites such as portions of sites and in conjunction with other governmental agencies. If the price of the entire parcel is too high, we should think about purchasing a portion of it. The special piece may be the most environmentally sensitive part of the site, or one portion may be the closest to a possible park site. In addition, other agencies such as the school districts or Ramsey County may be interested in the same piece of property and willing to contribute some funding. Step 7: Develop a plan and assign responsibility to either the Parks & Recreation or Public Works department for the maintenance of the acquired sites. RECOMMENDATION It is recommended that the City Council: 1) Reappoint a subcommittee of the open Space Committee to review the top rated parcels to determine if the rankings or availability have changed. The Open Space Committee has recommended that the top 19 be reviewed. 2) Hire a relocation/acquisition specialist to handle the legally required notifications and procedures for the use of public money in acquisitions. 3) Under the direction of the specialist, hire appraisers to handle the required appraisals. 4) Have the Parks & Recreation Commission and the open Space Committee act as advisory boards regarding the final acquisitions. 5) Hire an individual to handle the negotiations. This person will be the only person who should be involved in negotiations. If other individuals become involved in a professional or informal basis, it could jeopardize the City's requirements under the Uniform Relocation Assistance & Real Property Acquisition Policies Act. 6) Designate the City Manager and /or Assistant City Manager as the staff person responsible for this project. To prevent any misunderstandings and possible future problems in negotiations, one person should be the contact person. tmc Attachment November 10 19 1993 Mr. �kii ke Maguire City Manager Maplewood City Hall .Iap lewood, Mi 55109 Dear Mike: The remaining members of tie Open Space group met November 9. 1993 to discuss our vision for -the acquisition of open space in Maplewood We discovered that in our 2.. years of planning we had spent much time in creating the original system: of 54 criteria to rate each parcel of open space..,. had completed the examining and rating, and were now ready to go on to the next step . The criteria was just one part of the system we set up The enclosed recommendation on . acquiring open space is the method we believe should be f of lowed , We f eel very strongly that all of the top 19 parcels, need to be appraised as, soon as possible so we can look at the bi,g picture. Then contact the ownet's to receive their ideas, negotiate for beS'L price and then brie g all of this information together to evaluate th-e results to see how far the money goes starting with. No 1, making adjustments on size if this is judged advisable, We would very - much like to be a part of the process actin as an advisory group r g Sincerely, Caroly eterson Greg Jueneman Rick Brandon Char Wasiluk Terry Spawn Dominic Ramacier cc: Mayor Gary Bastian November 9, 1993 ACQUIRING OPEN SPACE Appraise the top rated 19 properties. Contact the owners. Negotiate for the best price on each property, Then, starting with Wo. 1, go down the line of properties to see how many can be purchased. Evaluate the results and decide the best plan. CCNSIDER: Distribution of properties purchased must be scattered throughout Maplewood. If a price is determined to be too expensive: 1. Try to negotiate the price down. 2. Consider buying the best portion of the property.... but use caution to not endanger the environmental value,, Open space committee to have advisory xole in these steps. AGENDA NO. AGENDA REPORT Council dorse Mo dified TO: Mayor and City Council .....� Re J ecte ,�. FROM: City Manager�� - ..-- Date RE: PUBLIC SAFETY ADMINISTRATIVE ASSISTANT DATE: November 15, 1993 INTRODUCTION At the last Council meeting I was directed to bring back for discussion the position of Public Safety Administrative Assistant. This has been discussed in the past but no formal direction has been given on it. BACKGROUND This position has been discussed before and actually was given Council approval when the implementation of the Police Study was discussed. An excerpt of the July 13, 1990 "Police Study Action Plan" states: 1. Public Safety vs. Police - Fire There have been numerous comments about the pros and cons of having police and fire under the same department. It is intended to continue this organization with some changes that should improve it, they are: a) the position of Fire Marshal will be expanded to include responsibility of all fire related activities; b) the position of Police Captain will be redefined to include less administrative detail and an expanded role in managing the police operation. There schedules will be staggered to provide more supervisory coverage; and c) the addition of a public safety administrative assistant who will report directly to the Public Safety Director. This individual will oversee the budget process for both Police and Fire, Purchasing,. Scheduling, and other administrative detail. This will also allow for the Captains and the Fire Marshal to spend more time on police and fire business respectively. The three positions will fit into the organization structure as follows: I PUBLIC SAFETY I DIRECTOR CAPTAINS ADMINISTRATIVE FIRE MARSHAL ASSISTANT POLICE FIRE FIELD FIELD POLICE /FIRE BUDGET OPERATIONS OPERATIONS POLICE PURCHASING, SCHEDULING AND OFFICE SUPERVISION TAT.gcl T .q.qTnNi This would be a new position that would report directly to the Public Safety Director. The individual selected for the position would have formal training and experience in Administration. This individual will free up the Chief and some of the other sworn officers of some of the administrative detail associated with a department that has a $4.9 million budget and 58 employees. I have attached a copy of a job description and posting for a similar position with the City of Roseville. Several minor changes such as the title, Public Safety rather than Police Chief, and so on, would be made. In addition, #4 on the second page -- Police Accreditation would be changed to Policy and Procedures Review RECOMMENDATION If the Council decides that this position makes sense, authorization should be given to hire effective January 1, 1994. tmc Attachment aS i CITY OF ROSEVILLE JOB DESCRIPTION Updated December - 1991 Position Title: Administrative Analyst k Department Police Department • o Accou ice Chief to. Police 6 Primary Ob ' ective of Pos ' t ' R and support the Chief of Police in the administrative To assist pp r duties associated with the operation of the Police Department. Major Areas of - Accountabilit y in'strati e . Provides administrative support and 1. General A m �. assistance to the Chief of Police in the following areas: a Researches /prepares reports and drafts correspondence as requested by the Chief of Police, b Analyzes existing programs, policies and procedures and recommends improvements; Assists in the reparation, review and administration of the department's budget; d Assists the Chief of Police in the development of the department's long range goals and objecti e Meets and confers with city staff from other departments as appropriate ro riate to resolve problems, issues or establish new procedures; f Trains staff in appropriate records management and other administrative procedures; Information Systems Management Maintains computerized law enforcement management information systems to ensure the following: a ) Accuracy of the database and associated reports; entr y b Efficient use of computerized systems and da � procedures to produce appropriate and effective reports p p in for administrative decision- mak g, • c Compliance with established security procedures; d Appropriate ro riate retention of computerized and other records under applicable state laws and departmental policy. Of f ice Management . Manages the office staff and office �• � • operations, including the following duties: a Schedules, monitors and evaluates the performance of office staff to maximi effectiveness; b Oversees day --to -day office operations, including maintenance and repa of equipment, 9 Page 2 Administrative Analyst - Police Department office Manacrement (continued) pP C) Reviews and approves purchase of office services, supplies and equipment; ' s activities related to police facility and d) Coordinate equipment maintenance; d e) monitors clerical work associated with data entry an records maintenance. R and develops p 4, Police Accreditation policies and . procedures necessary for national police acc reditation. such policies and procedures with other members of Coordinates s p city and police management as appropriate* 6 0 other duties. Performs other duties as assigned. Knowled a and Skills Re uired • training, education and experience equivalent to A combination of tr g► related area. A bachelor's degree in Public Administration or a a ba g master's degree is preferred. ' dunes bud Working nowledge of office prose , eting /accounting g g procedures, and e personnel ersonnel policies /supervisory practices. Working knowlege of computers and management information systems. • el both verbally and in writing, Ability to communicate effectively, and to work effectively with co- workers, managers, subordinates and city staff from other departments. Ability it • y to motivate and provide leadership to office staff. • tin olicies, procedures and programs and Ability to analyze existing P to research and recommend improvements to these sy stems. xtent of Su envision a Chief of anti ith minimum supervision from th Works independently w Police. Res onsibil't for Public contact requiring tact, courtesy and good judgment. Continuous, q g Sux�ervi s ion of Others the De artment ' ctl supervises all office staff except p D ir e ctly y P Secretary. CITY OF ROSEVILLE JOB OPPORTUNITY ANNOUNCEMENT POSITION Administrative Analyst (Police Department) J ` .......... _ _....� _ _._ ...._.._..._......__ __� DUTIES Provides administrative support and assistance to the - Chief of Police in areas such as the following: • 'researches /prepares reports; drafts correspondence • analyzes existing programs, policies, procedures and recommends improvements • assists in the preparation of the department budget • supervision of office staff and office operations Maintains computerized law enforcement information systems to ensure: accuracy of the database and associated reports; efficient use of computer system and data entry procedures; compliance with established security procedures; appropriate retention of records under applicable state laws and department policy. Researches and develops policies and procedures necessary for national police accreditation. REQUIREMENTS: A combination of training, education and experience equivalent to a bachelor's degree in public administration or a related area. Master's degree preferred. Minimum of one year of related work experience. WORK SCHEDULE: Full - time, exempt position, Monday - Friday. SALARY RANGE: $28,300 - $38,800 APPLY TO: City -of Roseville Personnel Office 2660 Civic Center Drive Roseville, MN 555113 DEADLINE October 25, 1993 2600 CIVIC (;ENTER DRIVE • ROSEVI LLE • M I `NES01"A * 55113 -1. io () 612 -490 -2200 • FAX 612 -490 -2270 �V �T0401* 81 AGENDA Z * 7 Mr AGENDA REPORT TO: City Manager FROM: Assistant City Manager 17Y .��WGr RE: STIPEND FOR SIGiTAS SIUPSINSKAS DATE: November 18, 1993 INTR.ODUCrION Aoti by Council En'd.orsed. ,.,_.- codifie ..... - Be j ect ed.,. At the October 11, 1993 meeting, the City Council approved up to $500 from the Charitable Gambling fund to be allocated to the expenses of Mr. Sigitas Siupsinskas, the City's intern from Lithuania. The purpose of this report is to request that the stipend for Mr. Siupsinskas be increased by $1,000 for a total of $1,500. DISCUSSION The Baltic States Foundation is the organization which is coordinating and sponsoring the visiting intern program. The program matched selected representatives from the Baltic States of Lithuania, Estonia and Latvia with United States cities. These visitors are observing local governments and businesses for the purpose of using American principles as examples at home in the Baltic States. Staff contacted Mr. Pete Solinger, the Minnesota representative of the Baltic Foundation. He recommended that the interns receive a stipend of $750 per month for a total of $1,500 over the two month work program. The City Council approved $500 from the Charitable Gambling fund on October 11, 1993. If the Council would like to increase Mr. Siupsinskas' stipend, authorization for an additional $1,000 is needed. RECOMMENDATION It is recommended that the City Council approve an additional $1,000 of Charitable Gambling funds to a maximum of $1,500 for Mr. Siupsinskas' work program stipend. tmc Actio by Councilf AGENDA REPORT lEndorsed.... Modifiee,„ To: City Manager Michael McGuire Rej From: Chief of Police Kenneth V. Collin�� Subject Maplewood Police Reserve and Cadet Toy and Food Drive Date: November 12, 1993 Introduction The Maplewood Police Reserves and Cadets have sponsored a toy and food drive for needy families within the Maplewood area for the past several years. Background For many years, several civic groups in Maplewood and its surrounding communities generously donated to this toy and food drive. The donations helped to make Christmas happier for families from our area. On November 12, 1993, we received not i f i cat i o.n from Maplewood civic organizations that they strongly supported our efforts with the Food and Toy Drive; however, they recommended that our request for donations be taken to the Maplewood City Council for funding from the Charitable Gambling Fund. Operation Joy, the organization which coordinates the referrals to our Reserves and Cadets, has told us that we will again have a record number of needy families to assist. It should be noted that, in addition to the names referred to us by Operation Joy, we also distribute food baskets to a large number of needy Maplewood senior citizens. Without the financial support of our civic organizations, it will be difficult for us to meet the needs of the many families that will be referred to us. Recommendation It is recommended that the City Council authorize a donation to the Maplewood Police Reserve and Cadet Toy and Food Drive from the Charitable Gambling Fund. Because our scheduled distribution date is December 18, 1993, the money will be needed as soon as possible. Act ion ,Required Submit to the City Council for their review and handling.. KVC: i s