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HomeMy WebLinkAbout1978 09-07 City Council PacketAGENDA Maplewood City Coll] - lcil 7 30 P Thursd.; -iy, , Seplc:!mber 7. :1. 0 8 Municipal Adml.ri:is��trat_i_��,.�. _ . Meet�%.ig JAY CALL T 0 - � - OF�LER ROLL CALL A 0 F MINUTE 10 - _ -- Minutes 78-1 (July ? 0 ) 2 » Minutes 7 8--18 (ugus t 3 ) 3 0 Minutes 78-19 (Au gust: 10 ) 44 Minutes 78-20 (August 15 ) 5.0 Minutes 78-21 (August 17) o - ( �) APP OF AGENDA �E) PU I"AR 1, Board of Adj ustTments and Appeals - a. Minutes of July.. 0th h. lariance ( Lot Width) 188 White Bear Av enue C . -.-...-Variance ( Side Yard. 1I.7 K _._A� .-ue _ . -. r . Board A ouynment ( A� TA 0F' BI <night Road Sanitary Sewer and Watermain , Li nwcc i. to r 'H ighwo r . ' Street open; in -� Lydia Avenue, "Furness Court (G) APPRC) OF AC (H) UNFINIS BUS �.. Off Sale Liquor. Tours of Salo) an ond Read - Ing ) 2. 0n Sale Wine Licenses - Ordinance ( Second F?::adi! ) g 3 46 Street Addre s j� es and Nl u:.mber _1 xg •� r i.n :once ( S . ond Reading) • 4* Second Hand Stores and Pawn Shops Or' din Ca (Second Reading) Over Night Street Par_ ki r.�; �- Ordinance (Secor�d Read:�_�z4 ) Building Official ' ) V ISITOR PRESE OPj (.T) N EW BU S I.1 E S S Lot T)i.vi_sions a. 82 South McKnight . - r 01, . 2 o Building and Site Plan Rev ieW : a.. St-illwater Road, West' of Centur y Avenue F 3 . Feasibility Study -- . Gervais Avenue • Kennard Street to White Bear Avenue 40 1978 Diseased Shade Tree Removal Program : 5 . Rehnberg' s First Addition -- (Occupancy Request) 6. Assessment Rates 7. Senior Citizen Deferment Applications p t . 8. Park Improvements: a. Bike Racks b. Gethsemane Park ` 9 • Hours of Park Operation 100 Heavy Equipment Mechanic 11. 1979 Budget 12 . Union Contract ( Police 3 2 0) - l3. Comprehensive _Sewer Plan Amendment (Rehnberg's First' a _ Addition (K) COUNCIL PRESENTATIONS 1 Ltzareness l ►I 2 3. 40 s 5 6 7 8 9 .10* , (M) ADJOUR111MENT . - r 01, . MINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, July 20, 1978 Council Chambers, Municipal Building Meeting No. 78--17 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 7:30 P.M. by Mayor Greavu. Bo ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Roger F. Fontaine, Councilman Present Earl L. Nelson, Councilman Present Donald J. Wiegert, Councilman Present C. APPROVAL OF MINUTES 14 Minutes No. 78 -13 June 1, 1978 Councilman Anderson moved that the Minutes of Meeting No. 78 -1? (June 1, 1978) be approved as corrected Page 2: Item E - - insert "a Special Use Permit as requested by the St. Paul Police Department ". Seconded by Councilman Wiegert. Ayes - all. 2. Minutes No. 78 -16 - July 12, 1978 Councilman Wiegert moved that the Minutes of Meetin No. 78- Jul 12, 1978) be approved as submitted. r Seconded by Councilman Fontaine. Ayes - all. I APPROVAL OF AGENDA Councilman Wiegert _moved that the Agenda be approved as amended 1. Searle Street 2. Negotiations 3. Crime Prevention 4.. Tree Cutting 5. Conway Addition - ;b.. Letter -- Indian Head Scout Council 7. Battle Creek 8. Storm Sewers - Duluth Street - So. Century 9. Wage Negotiations 10. Federal Disaster Flood Relief - Placed as Item J -13 Seconded by Councilman Anderson. Ayes - all. - 1 - 7/20 .sT, - :.� . ]. aT�d'[.... -.. �. �: ;1' {' 4 %..: <. :. xk f'ar� S .. : "v. �, rlt . �R.f `F•.�• '!. -�1ti' . } �� - - •ter-.. y.�.w. .�•n.. ..r ': ,Y :.'V.., ... ..+wA•"vw Mlr... -: w ...r�+. -. ..•• -t �j . rt t - n : ... � .. ' . , . < "':"' ,'. - � r i:. car •. ys't: .. , +» t y,�.�: r - . r lr E. PUBLIC HEARINGS . 1. Zone Change - R -1 to LBC - 2719 Stillwater Road - 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Paul Yocum for a zone change from R -1 to LBC for the property at 2719 Still- water Road. The Clerk read the notice of hearing along with the dates of public ation. b, .Acting Manager Blank presented the staff report with the recommendation of approval of second reading of an ordinance. First reading of the ordinance was approved July 6, 1978. c. Chairman Axdahl presented the following Planning Commission recommendation: "Commissioner Sherburne moved the Planning Commission recommend to the City Council that the property be rezoned from R -1, Single Family Residence to LBC, Limited Bus- iness Commercial as it is better suited to the existing surrounding and planned land uses. A condition be attached ro the rezoning that if the proposed structure is not built within one year that the property revert back to the R -1 zone. Commissioner Fischer seconded. Ayes all." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilman Wiegert introduced the following ordinance and moved its adoption: (approval granted based on Planning Commission recommendation) ORDINANCE N0. 447 AN ORDINANCE AMENDING THE MAPLEWOOD ZONING CODE THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the following described property is hereby rezoned from R -Z (Single Family Dwelling District) to LBC (Limited Business Commercial): Lot 15, Block 5 Midvale Acres No. 2 Section 2. This ordinance shall take effect upon its passage. and publication. Seconded by Councilman Fontaine. Ayes - all. 2. -Zone Change (F to R -3) v North of Mailand Road and East of McKnight Road 7:30 P . M. a. Mayor Greavu convened the meeting for a public hearing regarding a request of Maplewood Gardens Partnership for a zone change from F (Farm Residential) to R - (Multiple Family Residence) property legally described as Lot 2, Block 3, Maplewood Hills. The Clerk read the notice of hearing along with the dates of 'publication. b. Acting Manager Blank presented the staff report recommending approval of the .. 2 _ 7/20 ._. ..... ..... ...,..�., ..:. .r..: .,. ... . +r.•.. � ,z. _... ,v �. _.. ._.:. .; .w, ..+....e .,. ter. -. re = *. r�. .. nrre .-� r ' '"� ,.X ..r �.Va- 3. :..:3V •. ....r r .�'.�.. . -... ^�: >re`s�a -. �9. ... -. .�+.�:Y......,.._. rezoning, provided that the new density ordinance is adopted. C. Chairman Les Axdahl presented the following Planning Commission recommendation "Commissioner Sherburne moved the Planning Commission recommend to the City Council approval of the rezoning (F, Farm Residential to R -3, Multiple Family) provided that the owner and applicant agree in writing to keep the development within the limits of the Land Use Plan densities. Commissioner Pellish seconded. Ayes all." d. Mr. Louis Lundgren, Architect for the proposal, spoke on behalf of the request. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Philip Krinke, 504 So. McKnight Road g. Mayor Greavu closed the public hearing. h. Councilman Anderson moved to table until after Item H -6. Councilman Anderson withdrew his motion. i.. Councilman Wiegert moved first reading of an ordinance to rezone Lot 2, Block 3 Maplewood Heights, from F (Farris Residential) to R -3 (Multiple dwelling district) subject to the Planning Commission' s reconu and also subject to completion within 3 years to the densit pro osed or Council reserves the right to down zone. .Seconded by Councilman Anderson. Ayes - all. 2-a. Building and. Site Plans a. Mr. Louis Lundgren, representing Maplewood Gardens Partenership, spoke on behalf of the proposal. b. Director of Community Development presented the following Community Design Review Board recommendation: "Board Member Sjolander moved the Board recommend to the City Council approval of the Maplewood Gardens Partnership at McKnight Road and Pond Avenue subject to the following conditions: 1 All drive aisles .shall measure 25 feet in width; 24 The distance between Buildings A & B shall be increased to at least 36 feet; .3. Each apartment unit shall have at least 120 cubic feet of storage area; 4. Dedication of a permanent ponding easement on the southeast corner of the subject property. The area shall be the southerly 150 feet and westerly 175 feet of the subject lot; 5. A drainage plan shall be submitted for review and approval by the City Engineer; 6. Approval is contingent upon the issuance of permits from the Ramsey - Washington Metro Watershed Board and Ramsey County; 70 All trash enclosures are to be of a masonry material and painted to match the garages; 8. owner and applicant agree to the above conditions in writing. Chairman Huot seconded. Ayes all." 40M . 7/20 .•r anrr..a�..,...a:.,...n. F. �:: �:.t a... ..,,a�. .. - >.....�,. ,. ... ra... ._._.._ �. ;� - .. .. � _ .'� - "�:�'. 10; C. Councilman Fontaine moved to approve the Building and Site Plan Review for Maplewood Gardens Partnership subject to the Community Design Review Board re- commendations. Seconded by Councilman Wiegert. Ayes - all. 3. Vacation - Easement - 2113 Burr Street - 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Glenn Neuj ahr to vacate a portion of the water easement at 2113 Burr Street (Lot 4, Block 1, DeSoto Park Second Addition). The Clerk read the notice of hear- ing and dates of publication. b. Acting Manager Blank presented the staff report recommending approval subject to the recording of an.agreement which runs with the land, guaranteeing that the public shall be held harmless for damage to the dwelling resulting from the main- tenance of the water main. This agreement shall be subject to approval by the City Attorney. c., Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the proposed vacation as with the current condition the house and gar - age is already encroaching on the easement, there would be a severe economic hard- ship suffered by demanding this encroachment be removed. Approval is subject to: 1. Recording of an agreement which runs with the land, guaranteeing that the public s e hall be harmless for damage to the dwelling resulting from the maintenance of the water main. This agreement shall be approved by the City Attorney; 2. Written approval by the St. Paul Water Department. Commissioner- Barrett seconded. Ayes 8; Nays 1 (Commissioner Sherburne)." d.. Mr. Steve Jensen, representing. Mr. Glenn Neujahr, spoke on behalf of the request. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. .g, Mayor Greavu closed the public hearing. h. Mayor Greavu moved to approve the request of Mr. Glenn Neu'ahr to vacate the southerly eight feet of the water easement on Lot 4, Block 1, DeSoto Park 2nd Addition subject to the Planning Commission's recommendation: 1. Recording of an agreement which runs with the land, guaranteeing that the public shall be held harmless for damage to the dwelling resulting from the maintenance of the water main. This agreement shall be approved by the City Attorney; .2. Written approval by the St. Paul Water Department. _ Seconded by Councilman Fontaine. Ayes - all. i. Mayor Greavu re uested staff to contact the St. Paul Water R partment and see what width easements are needed and if they could be reduced. Seconded by Councilman Fontaine. Ayes - all. 4� _ 7/20 F. AWARDING OF B IDS 1. Sanitary Sewer and Water Improvement - County Road B, German Street to Stanich Court. a. Acting Manager Blank presented the tabulation of bids and the recommendation of the consulting engineer.. Staff recommends the award of the construction contract to the low bidder, F. Morrenttini Construction Company, in the amount of $21,805.00. b. Councilman Wiegert introduced the following resolution and moved its adoption: 78 - 7 -. 137 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of F. Morettini Construction Company in the amount of $21,805.00 is the lowest responsible bid for the construction of sanitary sewer and watermain in County Road "B" from German Street to Stanich Court (Maplewood Improvement Project No. 78 --8), and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilman Fontaine. Ayes - all. G. APPROVAL OF ACCOUNTS Councilman Anderson moved that the accounts (Part I - Fees Services ELcpenses - Check No 002815 through Check No. 002848 - $72 Check No. 026777 throe h Check No. 026921 - $222,664.03: Part II - Payroll - Check No. 17824 through Check No. 17952 $42 in the amount of $337,864.40 be paid as submitted. Seconded by Councilman Wiegert Ayes all. He UNFINISHED BUSINESS 1. Special Use Permit Renewals - Home occupation - Beauty Parlor - 2083 Arcade Street a. Acting Manager Blank presented the staff report and stated it is recommended that the beauty shop - home occupation at 2083 Arcade be permitted to continue and shall be subject to-the following conditions: 1. The permit shall be reviewed every five years by the City Council, .2 Conditions number 2, 3, 4, 6 and 7 shall remain in force from the original approval of June 1, 1972; 3. Owner and applicant agree to the above conditions in writing. b,. Mrs. Silberbauer, the applicant, spoke on behalf of her request for renewal. C., Councilman Anderson moved to approve the renewal of the home occupation permit for Mrs. Silberbauer, 2083 Arcade Street, subject to the following conditions: 1. The permit shall be reviewed every five years by the City Council; 2. Conditions number 2, 3, 4 6 and 7 shall remain in force from the or- iginal approval of June 1, 1972; (original conditions: 2. The permit shall become effective only after the Building Official certifies compliance with these conditions and.building, fire, el.ec- tric, health code requirements; 3. The permit shall not be transferable; 5 _ 7/20 M ... ^•y� - T.N.. 't:.�.. �..v... »...vh:!` � tr..�a.' :, 'a�'r" Y.T• hW.it�J. � • � • � � �`�ni 4. The permit shall be subject to revocation by the Village Council upon justified complaints ; 6. No on-- street parking by customers shall be encouraged, and an approved off- street parking area which is properly hard surfaced and land- scaped shall be required on the property; and 7.. No expansion of the permit in any way shall occur without the approval of the Village Council.) 3. Owner and applicant agree to the above conditions in writing. Seconded by Councilman Wiegert. Ayes - all. 2. Nature Center a. Name Change 1. Acting Manager Blank presented the following Park and Recreation Commiss- ion recommendation.: "Commissioner Fox moved that the Commission recommend to the City Council that the Commission would like the nature center to be named the Maple Leaf Nature Center and an alternate name would be the Maplewood Nature Seconded by Commissioner Qualley; Ayes: Commissioners Chegwyn, Christianson, Qualley, Piletich and Fox; Nays: Commissioner Mahre; Motion passed." 2. Councilman Anderson moved to name the nature center the Maplewood Nature Center. Seconded by Councilman Wiegert. Ayes ,all. b. Change order 1_10 Acting Manager Blank stated when we bid the Nature Center Building last fall, bids came in very high over the construction budget. Because of this, we rewrote the specifications and removed.many items in an effort to reduce the cost before we went out for rebids. This time the bids came in well under the project funding. We have reviewed the project with the Park Board and they would like to see the following three items added to the contract: 1. Craft Sink - Because a decision was necessary in order to not hold up construction, the Staff has approved the addition of a Craft Sink at a cost of $1,120.00. 2. Delete gypsum board ceiling in the corridor and office and add wood ceiling constructed of diagonal 1 x 4 smooth cedar boards at a cost of $2,957,00. 34 Install two wall graphics entitled "Minnesota Wheat" at a cost of $429.00. These three items were all included in the original building design. They pare additions that are best to be done during construction. With the addition of these three items totaling $4,500.00, we are still well below the total Council approved budget of $117,000.00. This will bring our total contract with Benoy Brothers Construction to $101,965.00. The remaining $15,000.00 is for Architect & Engineering fees, Landscaping and Contingency. 2. Councilman Wiegert moved to approve the change order in the amount of $4,500._00 for the Maplewood Nature Center contract with Beno Brothers Construction. 6 _ T/20 Y Seconded by Councilman Nelson. Ayes - all. 3. Lund Use Plan Amendment - Gross vs. Net Acres a. Acting Manager Blank presented the staff report. b. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend to the City Council they amend the definition of net acreage in the land use plan to gross acreage less the acreage designated for public rights --of -way for streets or walkways. Gross Acreage shall.be defined as the total residential acreage of the develop- ment including those facilities normally associated with the residential develop- - ment such as streets, private open space and drainage facilities. Commissioner Kishel seconded. I Ayes all." C. Councilman Anderson moved to accept the Planning Commission recommendation and introduced the followin�esolution and moved its adoption 78 -7 -138 WHEREAS, the Maplewood City Council and the Maplewood Planning Commission have prepared and adopted a Comprehensive Community Plan in compliance with the requirements of Section 462.355 of the State Planning Enabling Legislation; and WHEREAS, said Section 462.355 provides for subsequent amendment of said Comprehensive Plan which.reflect changed conditions; and WHEREAS, the Maplewood Planning Commission has conducted the required public hearing and has given consideration to all evidence and testimony submitted at such hearing held on July 17, 1978 and has adopted said amendment and forwarded said amendment to the City Council for certification; and WHEREAS, the Maplewood City Council has reviewed said amendment; NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council hereby adopts and amends the Comprehensive Plan for Maplewood. Seconded by Councilman Wiegert. Ayes - all. Feasibility Report - Maple Greens Area a., Mr. James Orr, Schoell and Madsen, presented the feasibility report. b. Following discussion, Councilman Nelson moved to table this matter until August 3, 19780 Seconded by Councilman Wiegert. Ayes - all. 5, Subdivision (Preliminary Plat) - Maple Greens P.U.D. a. Acting Manager Blank presented the staff report. b, Mr. Steve Omon, the developer spoke on behalf of the request. c. Councilman Wiegert moved approval of the Maple Greens 3 Addition Preliminar Plat subject to conditions and that the 4th, 5th and 6th Additions be tabled. 7 712 .. .. ........ - . -,,... - . .. a. .. >- ... ......- ...... .. t . � . r w.:^,.r . s�. _ va a..- .,r. :. t . 3 ..r r�;> " ,r'.^ -KSa- ,�.- r, c`�.., - .. " • . e � « , . : -•. �, ..- .� -...,. ..: ,«..er- ., .... ..r�,t: -sry .. -xv.. .:.m. .. ,... _. ta.. . .._ ... . r ,,. . ... ,....... ,, 'k+'^e.. .. Y - "nryR" . � y I d. Councilman Wiegert withdrew his motion. e. Councilman Wiegert moved revision of the Maple Greens Planned Unit Development to allow uad units to be built in the part of the area p reviousl des i nated for R1 Low density residential use to RM Medium Density Residential Use. Seconded by.Councilman Anderson. Ayes - all. f., Councilman Wiegert moved approval of the preliminary plat for Maple Greens 3rd Addition subject to the following conditions: 1. Approval of the design and construction phasing of the proposed storm water ponds and drainage system for the Third, Fourth, Fifth.and Sixth Additions by the City Engineer, before final plat approval; 2. The final plat shall not be approved, unless the City Council orders the construction of Sterling Street; 3. If the Council orders Sterling Street to Maryland Avenue, Outlot C shall be shown as a dedicated public right -of -way.. If Sterling Street is ter miniated at East Rose Avenue, Outlot C shall be omitted and the property combined with Lots 31 and 32 of Block 1, Maple Greens Third Addition; 4, Outlot B shall be redesigned to include only the west 20.feet. The re- ,mainder of the property shall be incorporated into block 6, lots 6 and 7; 5. The portion of Outlot D from the northwest corner of lot 15, block 1, westerly to Outlot C shall be incorporated into lots to the south; 6. All outlots shall be dedicated to the City; 7. Approval of written documentation, such as by -laws, and articles of i.n- corporation, for the homeowner's association before final plat approval. Such documentation shall clearly define responsibilities for property and utility maintenance, utility billings and assessments. Such documentation shall be recorded so as to run with each affected property. Should the Association be dissolved, it's assets shall be dedicated to an appropri- ate public agency to be used ,for purposes similar to those for which this Association was created. If dedication is.refused, the assets are to be transferred to some other non - profit organization to be devoted to such similar purposes. 8. Approval of easements for drive access and utilities to each lot. Such easements shall be recorded to run with the land. 9. Obtaining a permit from the Ramsey - Washington Metro Watershed Board. lo. Overall densities shall not exceed those allowed by the Comprehensive Plan. 11. Owner and applicant agree to the above in writing. Seconded by Councilman Fontaine. Ayes - all. g. Councilman Wiegert moved to table the preliminary plats of Maple Greens 4th, . 5th and 6th Addition ..Seconded by Councilman Fontaine. Ayes - all, Zoning Code ordinance - Density - Adoption a.. Acting Manager Blank presented the staff report. b. Mr. John Belmont, representing Mr. Ray Nowicki, opposed the ordinance. :1 '� s 7/20 F C. Commissioner Fischer clarified the designation of Rl -- Rm and Rh. d. Councilman Anderson introduced the following ordinance and moved its adoption: ORDINANCE NO. 448 AN ORDINANCE AMENDING CHAPTER 905 and 906 OF THE MAPLEWOOD ORDINANCES THE CITY COUNCIL OF MA.PLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The following sections are hereby amended to read as follows: R -2, Double Dwelling District 905.0309 AREA REGULATIONS. No duplex or double bungalow shall be built or structurally altered hereafter on a site less than 12,000 square feet in area. No duplex or double bungalow shall be built or structurally altered hereafter on any site unless public sanitary sewer is available. The density shall not exceed the maximum density permitted by the land use classification and people per unit designated in the City's adopted Comprehensive Plan. R - Multiples (up to 17 units) 906.210. DENSITY AND ARE REQUIREMENTS FOR.R -3A (a) DENSITY. Except as otherwise modified or specified by terms of this Code or because of variances properly considered and allowed, the building site for any R -3A multiple dwelling shall consist of an area of at least 15,625 square feet. The density shall not exceed the maximum density permitted by the land use classification and people per unit designated in the City's adopted Comprehensive Plan. R -3, Multiples (17 or more units) 906.310. DENSITY AND AREA REQUIREMENTS FOR REQUIREMENTS FOR R -3B (a) DENSITY. Except as otherwise modified, or specified by terms of this Code, or because of variances properly considered and allowed, the building site for any R -3B multiple dwelling shall consist of at least 15,625 square feet. The density shall not exceed the maximum density permitted by the land use class ification and people per unit designated in the City's adopted Comprehensive Plan, R -3, Multiples (Townhouses) Section 906.400 (b) AREA AND FIRE REQUIREMENTS: No townhouse structure shall he constructed on an area of land less than 4000 square feet per dwelling unit; and no more than eight (8) dwelling units shall be included in a single structure with separation of each unit by at least a one -hour fire rated material with every second dividing wall being constructed of at least a 2 -hour fire rated material that extends two (2) feet above the roof and two (2) feet out from the front and back walls. The density shall not exceed the maximum density permitted by the land use classification and people per unit designated in the City's adopted Comprehensive-Plan. _9_ 7/20 a.....i .wr. -. N.n. e::... a-w.. .: : -, G'.1 r .. wv..:r n..- n:t�.,` t.oa .�': i..1'+�♦ . .... --.. �, .w ... ♦ .w va s ».x .. . .:..n,., ...� .Wn. m...v i.�Y !- .0 - .. � �.!. .. J: In ,. , Ji. iT rM! 2Y. S.. N- *- ' t... -...4 v...• -mss .,..,x. .� . nR -. ..t. N. _ xs. .?.f' -`k ..rKS e `h n k�21�' ti Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilman Wiegert. Ayes- Councilmen Anderson, Fontaine, Nelson and Wiegert. Nays - Mayor Greavu. Motion carreid. .. Street Improvement: Highway.61 and Parkway Drive a.. Acting Manager Blank presented the staff report.. b. Councilman Anderson introduced the following resolution and moved its 78 - 7 - 139 WHEREAS, the Commissioner of Transportation for the State of Minnesota has caused to be prepared: plans, special provisions, and specifications for the improvement of Trunk Highway No„ 1, renumbered as Trunk Highway No. 61, within the corporate limits 'of the City of Maplewood, from Larpenteur Avenue to 550' Nor of Parkway Drive ; and WHEREAS, said plans are on file in the office of the Department of Trans- portation, St. Paul, Minnesota; being marked, labeled, and identified as: S.P. 6222 -85 (61 =1); and WHEREAS, said special provisions are on file in the office of the Department of Transportation, St. Paul, Minnesota; be ing marked, labeled, and identified as: S.P. 622 -85 (61 - 1); and which, together with the "Minnesota Department of Trans- portation Standard Specifications for Highway Construction," dated 1978, will .govern, and which are on file in the office of the Commissioner of Transportation, constitute the specifications for . said improvement of Trunk Highway No. 1, re- numbered as Trunk Highway No. 61; and WHEREAS, copies of said plans and special provisions as so marked, labeled, and identified are also on file in the office of the City Clerk; and WHEREAS, the term, "said plans and special provisions," as hereinafter used in the body of this Resolution will be deemed and itended to mean, refer to, and incorporate the plans and special provisions in the foregoing recitals particularly identified and described;. and WHEREAS, the Commissioner of Transportation desires in the interest of public safety that any and all parking of vehicles, if such parking is permitted within the corporate limits of the City of Maplewood, on said Trunk Highway No. 1, renumbered as Trunk Highway No. 61, will be parallel with the curb adjacent to the highway and will be at least 20 feet from any crosswalk. NOW, THEN, BE IT RESOLVED that said plans and special provisions for the improvement of Trunk Highway No. 1, renumbered as Trunk Highway No. 61, within the corporate limits of the City of Maplewood, be and hereby are approved. BE IT FURTHER RESOLVED that the City of Maplewood does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Highway No. 1, renumbered Trunk Highway No. 61, will be parallel with the curb adjacent to the highway, and at least 20. feet from any crosswalks on all public streets intersecting said trunk highway. BE IT FURTHER RESOLVED that the elevations and grades as shown in said plans _ 10 _ 7/20. , w •S�s and special provisions are hereby approved and consent is hereby given to any and all changes in grade occasioned by the construction of Trunk Highway No. 1, renumbered Trunk Highway No. 61, in accordance with said plans and special pro- visions. Seconded by Councilman Wiegert. Ayes - all. C. Councilman Anderson introduced the followin resolution and moved its adoption: 78 -7 -140 BE IT RESOLVED that the City Maplewood enter into an agreement with the State of Minnesota, of Department of Transportation, for the following purpose, to wit: For the construction operation, maintenance and electrical power for the Permanent Traffic Control Signal with Street Lights and Emergency Vehicle Traffic Control Singal Pre- emtion System on Trunk Highway No. 61 at County State Aid Highway No. 27 (Frost Avenue) - County Road No. 141 (Parkway Drive) in the City in accordance with Agreement No. 59158, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and are hereby authorized to execute such agreement and thereby assume for and on behalf of the City all of the contractual obligations contained therein. seconded by Councilman Wiegert. Ayes - all. d. Councilman Anderson moved approval of the transfer of $10 from the con - tinRencv account to finance the installation of the Ooticom system. Seconded by Councilman Wiegert. Ayes all. 8. Street Improvement: Frost Avenue Connection Z. Acting Manager Blank stated at the June 15 meeting, the Council approved several changes in the County State Aid System associated with the construction of the "Frost Avenue Connection ". The County is now asking the City to concur with the designation of the "Frost Avenue Connection" as a collector route. The collector classification is consistant with the County road system and with the State Aid designation previously approved. The route connects East Shore Drive, currently classified as a collector, and Frost Avenue, classified as a minor arterial. Approval of the collector designation is recommended. b. Councilman Wiegert introduced the following resolution and moved its ado tion: 78 - 7 - 141 WHEREAS, several segments of county state aid highways and county roads have been designated, revoked and vacated to improve the road system in the Keller - Phalen Regional Park area by Ramsey County Board Resolutions 78- -593., 78 -594, 78 -595, 78 --596, 78 -597, and 78- -598, dated May 15, 1978; and 11 - 7/ 20 ., .. �,, W ... :: ... .:. , ' t'� F 2 .:. � _ ..9" ?. r'S _. (K'. -.. `.'!''vf 3.'• Yt.. WHEREAS, a segment of County State Aid Highway 62 will now serve as a collector route according to the national functional classification defini- tion; NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood Minnesota, that the routing of this collector is hereby approved on the following described highway Frost Avenue Connection. (C.S.A.H. 62) from East Shore Drive to Frost Avenue. Seconded by Mayor Greavu. Ayes - all. 90 Telephone System - Municipal Building - Public Works Building a.. Acting Manager Blank presented the staff report and stated the proposed system will cost $3,020 per month as compared to $2,737.50 presented in the previous Staff report and a current cost of $.2,140.10. The error in original cost estimate is due to the fact that the City system has been found to be line intensive, when compared to other users. In the detailed study, it was found that the number of phone locations could be reduced from 66 to 63, but the line count has increased from 49 to 58.. The installation cost has also increased from an estimated $2 to $2,470. As indicated in the previous staff report, the Centrex system provides many advan- tages from the existing P.B.X. system. Staff therefore recommends approval of the installation of the system. As in the original staff report, it is recommended that monies originally budgeted for the installation of the elevator at City Hall be transferred to finance the additional system cost for the calendar year 1978, . b... Mr. Ron Remer, Account Executive of Northwestern Bell Telephone, spoke on behalf of the proposal. c. Councilman Wiegert moved to approve the installation of the Centrex System at the increased cost and that monies budgeted for installation of an elevator at City Hall be transferred to finance the additional system cost for the calendar year 1978 Seconded by Councilman Nelson. Motion carried. Ayes - Mayor Greavu, Councilmen Fontaine, Nelson and Wiegert. Nays - Councilman Anderson, I. VISITOR PRESENTATIONS 1. Ray .Lockhart, 877 So. Century Avenue a Mr. Lockhart stated that when his neighbor at 873 So. Century. Avenue built next to him, he landscaped his property in such a way that it blocks the drainage and now causes great damage to his property. Mr. Lockhart has requested Ramsey County to redig the ditches and open the culverts on Century Avenue. Mr. Lockhart also stated he felt his neighbor was operating a commercial business from his home. Vii, Councilman Wiegert moved to refer, to staff for a report Seconded by Councilman Anderson. Ayes -- all. w 12 _ 7/20 -- r,,, T 7 :. , �. - (-N F "Y�'.�n� •>}+Y)"Yn <.. r {w.,. M'.++.:.r� ,....r -),^t -.'8'c 4 '^ f.T{e� ... i '�" " . ..:... .. :�:� �r�t+f.x.•w,ca -;— '. �. .. .t r .. �:..�.. ,yi ....rw�+- •�•. . -. L � hf,y'M!Y<u ` >, °C!t y ='.^. V-..+ �.{ ^`>C."',�t1 .5�. • '.'Y 9sR...si'a.. �,..�,.�. r. y.: -rZn'S . 10 A revised landscaping plan shall be submitted for review and approval. by the Board with the condition that anythi on th service drive as far as landscaping does not have to be installed initially; 2 The applicant shall provide the City with cash or. cash escrow for land - scaping if it has not been installed at-the time of occupancy; • - 13 - 7/24 Y .Nn <. ._:.. .. = ti'?'�"'�.�r^!Gvrs? T.RN'°,Q7'�- r��rCTskk .. �`Y'^a. F•. srb+ P: w^ na.^ T"*"^" �Cr , ..ara.'.wi;',*,m7+o5�?+r.+w: ?' ar- artGlavvac .:s , ... , :ra:�4- t*;•N�r<. rs�+.+:k- .. , ,,, +� .n. yt - :u- 't -�. >, »e�pcgn,,," »ro.. <ir.. - rm! , ::'•^ :; <._. »f/t' ..., :..,. -r•., ...war. ..,. .., _. ... _`Y+ ,. .. ,,Y+';s°Spat'" v't..M, �. '�F4I. ... _ �!+K�?9%•b ;�o'A�'i ^� �wr2 "e:�':S.x .. "i "Y�L ... ... ^1 R� 3. The drainage plan shall be submitted for review and approval by the City Engineering which will be implemented by the d eveloper; - Approval m ust be obtained from the Minnesota Depar tment of Transportation for drainage onto State property; 5. Applicant shall obtain,. prior to construction, -a watershed permit from the Ramsey— Washington.Metro Watershed District; 6. Access off of Atlantic Street will be closed when the service drive is constructed providing access to the site; 7. Owner and applicant agree to the above,condit ions in writing. Chairman Huot seconded. Ayes all - c. Mr. Don O'Leary, representing the applicant, agreed to all conditions. d. Councilman Fontaine moved to approve the lot division to divide the. proper t at Hi EhwaX 36 and Atlantic Street into 3 Lots as re guested bX Gene Elia An elo. Carbone and J's International. Seconded by Councilman Wiegert. Ayes all, e.. Councilman Wiegert moved to approve -the building and site plans for J's Restaurant at the southeast . corner of Highway 36 and Atlantic Street subject to the following conditions 1. A revised landscaping plan shall be submitted for review . and approval. by the Board with the condition that anything on the service drive as far as landscaping does not have to be .i.nstalled in.itia.11y; 2. The applicant shall provide the City with cash or cash escrow for Land- - scaping if it has not been installed at the time of occupancy; 3.e The dr ainage plan shall be submitted for review and approval by the City Engineering which will be implemented by the developer; 4. Approval must be obtained from the Minnesota Department of Transportation for drainage onto State property; 5 Applicant shall obtain, prior to construction, a watershed permit from the Ramsey- Washington Metro Watershed District; 6. Access off of Atlantic Street will be closed when the service drive is constructed providing access to the site; TO Owner and applicant agree to the above conditions in writing. Seconded by Councilman Fontaine. Ayes — all, 3„ Special •Exception 2441 Maplewood Drive a.. Acting Manager Blank presented the staff report and recommended approval subject to the following conditions: k 10 Maximum of four camp sites shall be allowed in the area described in the application; 2. Camping shall be limited to the temporary camping of recreational vehicles; 3. Overnight camping shall be limited to the area described in the applicat— ion with a maximum of one recreational vehicle per camp site; 4. Mobile homes shall not be allowed; 50 Sanitary Sewer service connection shall be available for each camp site; 6. Paved. driveway shall be provided for access to the camping sites. Such driveway shall be well maintained and free of potholes for the life of the special exception; 7, Agreement to the above in writing. -- 14 7/20 ... . , '^FT ., o..,. ,., . � ,.. , se.. , . , . _'r�• ... ..... t... ..,n .. -: • n:- er cr..�.,. -z -a.�r• , ..,vw- �.,r•.t. b. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner. Sherburne moved the Planning Commission recommend to the City Council the special exception be granted based on staff analysis and subject to the follow - ing conditions 1. Maximum of four camp sites shall be allowed on the property; 2. Camping shall be limited to the temporary camping of recreational. vehicles; 3. Overnight camping shall be limited to the area described in the application with a maximum of one recreational vehicle per camp site; 4. Mobile homes shall not be allowed; 5. Sanitary Sewer Service connection shall be available I for each camp site; 6. Surfaced driveway shall be provided for access to the camping sites within 60 days of a resumption of the use of the sites. Such driveway shall be well maintained and free of potholes for the life of the special exception; 7. Agreement to the above in writing. Commissioner Howard Seconded. Ayes 8 - Nays 1." c. Mr. Geroge Trudell, 2441 Maplewood Drive, owner of the Northernaire Motel, agreed to the conditions. d. Mayor Greavu moved to approve a special exception for short term camping of recreational vehicles in an M -1 Light Manufacturing District subject to the follow— ing conditions 1. Maximum of four camp sites shall be allowed on the property; 2. Camping shall be limited to the temporary - camping of recreational vehicles; 3. Overnight camping shall be limited to the area described in the application with a maximum of one recreational vehicle per camp site; 4. Mobile homes shall not be allowed; 50 Sanitary Sewer Service connection shall be available. for each camp site; 6. Surfaced driveway shall be provided for access to the camping sites within 60 days of a resumption of the use of the sites. Such driveway shall be well maintained and free of potholes for the life of the special exception,, 7.. Agreement to the above in writing. Seconded by Councilman Fontaine. Ayes - all. 4. Coin operated Amusement License a. Acting Manager Blank stated that in the past several months the Police Department has received approximately twelve complaints at the Li' 1 General Store, 19 No. Century Avenue, involving disputes and nuisances that directly relate to the pinball machine on the premises. This licensed machine has 'become a continuing nuisance and problem for the police department with an inordinate amount of time spent in responding to calls and policing the premises. Staff recommends the City Council schedule a hearing regarding the revocation of this license on the basis it is a nuisance. b. Councilman Wiegert moved to establish a hearing date of September 7, 1978 regardin& revocation of the coin operated amusement device license for the in- ball machine at the L1*'1 General, 19 No. Century Avenue. Seconded by Mayor Greavu.. Ayes - all. 5. Regulations of Escort Services, Massage Parlors, Rap Parlors, Sauna Parlors.and Services - Ordinance - First Reading -- 15 - 7/20 a. Acting Manager Blank stated that for some time staff has been concerned about the potential problems that the above types of businesses sometimes generate with - - out proper regulation. The proposed ordinance would regulate these businesses by requiring certain licenses, requirements to qualify for those licenses and restrict the types and hours of activities that would be allowed on the licensed premises or.by operators in the City. Staff recommends. early review and passage by the City Council. b. Mayor Greavu moved first reading of an ordinance establishing regulations - for Escort Services, Massage Parlors, Rap Parlors, Sauna I s and Services. Seconded by Councilman Anderson. Ayes - all. 60 Training Applications - Approval a.. Acting Manager Blank presented several applications for review and approval, b, Councilman Anderson moved to approve the following training applications as presented by : Police Department Chief Police Department Lieutenants (2) Director of Community Services Personnel Director Seconded by Councilman Nelson. Ayes.- all.. 7. Licensed Gambling - ordinance - First Reading a. Acting Manager Blank stated Chapter 1212 of the Municipal Code regulates gamb- ling and gaming in Maplewood. Recently, the Council passed an ordinance allowing' g licensed gambling by non- profit groups. To provide consistency in the Code, Chapter 1212 should be amended to provide this exception along with the Bingo exception. Staff recommends passage of the proposed ordinance adding Section 1212.030 providing t e.necessary exception. b. Councilman Wiegert moved first reading of an ordinance to add Section 1212.030 to the Municipal Code, ---- - - - -- - - Seconded by Councilman Nelson. Ayes - all. 80 Assessment Hearing Date a. Acting Manager Blank presented resolutions ordering the preparation of the assessment roll and setting August 15, 1978 hearing date for the projects- as Listed: Project 74 -18 - County Ditch No. 17 Project 74 -15 - Edgerton and Co. Rd. B Storm Sewer Project 76 -3 - McKnight Road /Carver Avenue Improvements and Sanitary Sewer Ser- vice. Project 75 -16 - Water System Improvement (Elevated Tank and Mains) Project 73 -9 - Conway Avenue Improvements Also recommended for approval is a resolution combining Project No. 72 -5 McKnight Road and Conway Avenue Intersection Improvements with Project No. 73-9 Conway Avenue Improvements. 16 - 7/20 '. -�', ", ...: :: `M' .q.9 . G'2 w7a` ^ ...,. <rcxK.�tr., w �: -.y-f rt'q?' # ?'i •'a�.a.. .+-f. c+r cr.'.p`csA. _ .,., . �.et A✓46hic S. Z, 4.".+ ,rsysa; - ?M .w.t n..�, +c+Z;iSde°tTS�•�.gs ^e�erse .a. c.r.�:i!,rx„K.�enae.c��,� ^.(a,,m.±xx 'r,nc�R�!w ?'g 7 y.,: `v'�n9`w,"2Y�iS b. Preparation of Assessment Roles 1.� , Project No. 75 -16 Mayor Greavu introduced the follow�n _ Z resolution and moved its ado tion: 78- 7 -142 WHEREAS, the City Clerk and .City Engineer have presented the final figures for the improvement of the Maplewood Water System, Project No., 75 .16; NOW, THEREFORE, BE.IT RESOLVE BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,, as follows: that the City.Clerk and City. Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, with out regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilman Wiegert. Ayes - all. 2, Project No. 74 -15 Mayor Greavu introduced the followin g reso and moved its adoption: 78 - 7 143 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement of Edgerton and County Road "B" Storm Sewers, Maplewood Project 74-15; NOW, THEREFORE, BE.IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, with - out regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof, Seconded by Councilman Wiegert. Ayes - all, 3, Project No. 76 -3 Mayor Greavu introduced the 'following resolution and moved its ado Lion: 78 7 - 144 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement of Watermains, services, sanitary sewer services and appurtenances on Carver Avenue, Maplewood Project No. 76 -3; NOW, THEREFORE-, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every VIM 17 am 7/20 !^ �* �IR:::J' �=' r- P'* ' M? t.' �' �F1" C39 :7'.,aP?c itM?!1+4r�«: wit :Y'�tn�.s,?�+n];.+?2'�7:*sae+a. rsncn.'yrr. mfg. �araio^ .�rrrt^.x�sv uar.R^°^+«.e.«. c. .., �tsrr.! P4�7a +i?yGC,:ecrt'?fG�!n!!�ssertck .x+erahC•.v?�...mrr�:Re: . w^+ samr. �.' �^` �R�sn?% b�* a.:+f-* x»* ta! e!+ �1" 4a' k�' �w�.rv+s�!.k�«*:!rora�...rrr _nmincmen�n?S'�'�s�Pr? nab° 9urw. r" v' w�'"^. rn�c? et¢ �r .�.,e•.,..•v�,l..er^�.T••'sa+. �91�c ^-`.*...s.. assessable lot, piece or parcel of land abutting on the streets affected, with out regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the Ci Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof Seconded by Councilman Wiegert. Ayes all. 4. Project No. 74 -18 Mayor Greavu introduced the following resolution and moved its adoption: 78 7 -145 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement of Storm Sewers in County Ditch #17, Maplewood. Proj ec No. 74 - 18; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed' for such improvement against every assessable lot, piece or parcel of .land abutting on the streets affected, with- out regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City Office for inspection; FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. .Seconded by Councilman Wiegert, Ayes - all. .5. Project No. 73 -9 Mayor Greavu introduced the following_ resolution and moved its adopt 78- 7 -146 WHEREAS, the City Clerk and City Engineer have .presented the final figures for the -improvement of Conway Avenue, Maplewood Project No. 73 -9; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: that the City Clerk and City Engineer shall forthwith calculate the. proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, with - out regard to cash valuation, as provided by law, and they shall file a copy . of such proposed assessment in the City Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. g Seconded by Councilman Wiegert. Ayes - all, C, Setting Hearing Date .. Project No, 75 -16 Mayor Greavu introduced the following resolution and moved its ado tion: Y� s F� t J ., ^ r , ._. ... �«� ,7+a- ,i!.G`r •,.,..ym -t•.4x ..:.ax•x >„y;'}R a.r•��•n.. ,.- ...- .a��� --r:� r�». :vf�m en .. . :. `"'R -. .. , ^.^!'!ri .. .. ., .. �.... t"! :... ... .'...,i :.:- . � .m -��a., ... �;:'S .- a .:�R;" ..F *•r, .V•:^+' R '...:t.... . n'. ,.- . = ., ,,, + _ v .. y � _ _ . it �' - , -. ... i .. .. ,.. .;. -, •. :� .:. � .. .. . � . '„ 1 -s., .K' +•K: K ^?L :� '�'r:t'} `k':�'. -`y�j -. .. } !f.".•'Kt' �7"n� .., .y. .>• «.-•+ fir. s..n ..�. 4•' �� i k, 7$ -7 -147 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Water System Improvements, ..Maplewood Project No. 75 - 16 by construction of a water storage tank and water mains, services and improvements, and the said assessment roll is on file in the of f ice of the City Clerk,; NOW, THEREFORE, BE IT RESOLVED BY,THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 10 A hearing shall be held on the 15th day of August, 1978 at the City Hall at 7:30 P.M. to pass upon such proposed assessment and. at such time and place a persons owning property affected by such improvement will be given an opportunity to be heard with reference . to such assessment. .2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by the said assessment. 3. The notice of hearing shall state the date, time, and place of. hearing, the general nature of the improvement.,. the area proposed to. be assessed, that the proposed assessment roll.is on file with the Clerk, and that written or oral objections will be considered. Seconded.by Councilman Wiegert. Ayes - all. 2.. Project No. 74 -15 Mayor Greavu introduced the following resolution and moved its adoption 78 7 148 WHEREAS, the Clerk and the Engineer have, at the direction of the Council,\ prepared an assessment roll for the construction of Storm Sewers and appurten ances in the vicinity of County Road '.'B" and Edgerton Streets, Maplewood Proj No. 74 -15 and the said assessment roll is on file in the of f ice of the City Clerk; NOW, THEREFORE,. BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 15th day of August, 1978 at the Ci ty Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will. be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official. newspaper, at least two weeks prior to the hearing, and to mail notices to the owners -of all property affected by the said assessment., 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral object ions will be considered. Seconded by Councilman Wiegert. Ayes all. 19 -- 7/20 ij �J1 �,� .,..,.:.+^.- J9av a: .yo.'a..v, -. G•. "!Y.rei�"r:a y�,sr"£ ¶ •.... .,. ,. "'.'� ... 'S•": ."E."��rv'. '.- !xris; n.;,r.�..;gr,..x..•�r. yq. .. ^.. ,r,_�rvv,rr �.....r ;�• - �^: M,T.'�rrrovl+,rc+A�s•.• y_y�s• ...x.. r - :., . ..i ,... .. .. -. ,.. :... .. .., .- �. s.. .. .,.. .,: . ,.- ... ..= >^ ^v*��F ? ^.'.+.^r!:.es�; , va - ^:..< .rr .... �•n..:sn.. _.c -Lt. .' >, ^T�,: .. 3�� _ _ �: R .. .•s , n•�e ..c•,::�� M 3. Project No. 76 -3 Mayor Greavu introduced the following resolution and moved its. adoption: 78 7 — 149 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, - prepared an assessment roll for the construction of Water_mains, services and sanitary sewer services on Carver Avenue, Maplewood Project No. 76 - and the. said assessment roll is on file in the office of the Ci Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MA.PLEWOOD, MINNESOTA: 1. A hearing shall be held on the 15th day of August, 1978 at the City Hall at 8:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two prior to the hearing, and to mail notices to the owners of all property affected by the said assessment. 3. The. notice of hearing shall state the date, time, and place o.f hearing, the.general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections wi be considered. :Seconded by Councilman Wiegert. Ayes all. 4. Project No. 74 -18 Mayor Greavu introduced the•followin resolution and moved its adoption: 78--7 -150 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Storm Sewers in County Ditch #17, Maplewood Project No. 74 -18, and the said assessment roll is on , file in the off ice of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 15th day of August, 1978, a the City Hall at 8 :45 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be .given an opportunity to be heard with reference to such assessment. .2. The City Clerk is hereby directed to cause .a notice of the hearing on the.p' osed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by the said assessment. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. 20 - 7/20 i". .4>•.'t..`C7±w. ' ^.4+Y:�1v INA.efv Ie- .•.;.w M. R M'1{.•rt+r>� ".'f :u'1? - "lru; aC.cp.. f4+�.CiC54.Mit' .Vf% -- '.J a. . . .� :� " . ..,'.. .... ... Y• . ' °" ; °. �"_ -..: , ••.. JY+`;:.°�""4�. ac!c� -.. :�"'"A^c�- ••*t+nr:..w «.. , u.J•,F*k x Y-c-J� ..:- �`• 'wcr^+m. '. :r• •�aec <,..w..; -aa +� �, i.. r. �TAC .r.?,y`�'J"'c7:` `;T. r.- .�0 i.. S"`i °'.. Arxe:am;'9.+wZlMRs;�', •a •w. ...y.. .,-7r. - 4 Seconded by Councilman Wiegert, 5. Project No. 73 -9 Ayes all. Mayor Greavu introduced the following resolution and moved its ado tion: 78 7 7 151 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Streets, Curb and Gutter, Sidewalks, Driveways, and all necessary appurtenances on Conway Avenue, Maple - wood Project 73 -9 and the said assessment roll is on file in.the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 10 A hearing shall be held on the 15th day of August, 1978 at the City Hall at 9:15 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by the said assessment. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilman Wiegert Ayes -.all. d. Resolution Combining Projects 72 -5 and 73 -9 Mayor Greavu introduced the followin resolution and moved its adoption: 78-7 -152 WHEREAS, the City Council of Maplewood, Minnesota, has found It necessary and advisable; NOW, THEREFORE, BE IT RESOLVED that Maplewood Project No. 72 - 5, McKnight Road and Conway Avenue Intersection Improvements be and is hereby combined and made a part of Maplewood Project No. 73 -9, Conway Avenue Improvements. Seconded by Councilman Wiegert. Ayes - all. 9. Housing Chapter of Metropolitan Development Guide a, Acting Manager Blank presented the staff report. b, Councilman Wiegert moved that Council endorse the comments of the Plannin Commission and that a letter indicating these comments be forwarded to Chairman Boland. Seconded by Councilman Anderson. Ayes - all. 21 - 7/20 .'5M a. cr!�^ -�w.rc +r+ elir+n�X ��,..+�•,�. �.r.rna '�.:�`; `i'��.�;M'rscrisc - ttm+rkxr: dsyv x.:: a^ �r rwc�{. e- aaegrw .�,.�.....r:- m:•T " t'+ S+ rr•- �gre1-.: �• vT+ .,»a•.•.;:, «.•.. -w. ..�„n... � -'�3' • ... ':'fit. r 13. Flood Disaster Flood Relief a. Acting Manager Blank stated Ramsey, County has been included in those counties designated by the Federal Government as disaster areas due to the heavy flooding this summer. The designation makes the community eligible for Federal funding 'to recoup damages and expenses associated with the heavy rains. A wide variety of cost items are eligible to be funded under the program and staff is currently documenting cost in order to prepare an application. In order to proceed with the application for assistance, it is necessary for the Council to designate a local agent to execute the appropriate documents It is recommended that the Council approve the attached resolution and designating the City Clerk as the community's local agent. b.. Mayor Greavu introduced the following resolution and moved its adoption 78 - 7 153 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, that Lucille E.. Aurelius, City Clerk, 1380 Frost Avenue, (612) 777-- 8131, Maplewood, Minnesota, 55109, is hereby authorized to execute for and in behalf of the. City of Maplewood, a public entity established under the laws of the State of Minnesota this application and to file it in the appropriate State Office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 2.88, 93rd Congress) or otherwise available from the President's Disaster Relief Fund THAT the City of Maplewood, a public entity established under the laws of the State of Minnesota, hereby authorizes its agent to provide to the State and to the Federal Disaster Assistance Administration (FDAA), Department of Housing and Urban .Development (HUD) for all matters pertaining to such Federal disaster assistance ..the assurances and agreements printed on the reverse side hereof. Seconded by Councilman Anderson. Ayes -- all. loo Special Meeting - Management Consultant a. Acting Manager Blank stated that it is recommended the scheduling of a special Council meeting at 7:30 P.M. on Tuesday, July 25, 1978, for the purpose of a pre- sentation to be made by Paul Reaume. Mr. Reaume, a Public Management Consultant with PARA, Inc., will pay his own expenses for travel to the Twin Cities. The pre - sentation is in regards to the recruitment process his firm uses for City Managers. b. Councilman Anderson moved to authorize staff to inform PARR Inc. that their services will not be needed . Seconded by Councilman Wiegert. Ayes - all. e, Mayor Greavu requested that the City Attorney contact the City Attorney from North Saint Paul to find out how they hired their Manager. d. Mayor Greavu moved to table discussion on this matter until July 27 19780 Seconded by Councilman Fontaine. .. 22 Ayes - all. 7/20 : :... _ . .:,r, rtst ?�4� y�,.r�p -{, :r. -. i ff:. -.� -Mt:�'Lt�'7c ^'M. ��.� uu+ -:,we { r, : Mayor Greavu moved to continue the a enda on Thursday, July 27 1978. Seconded by Councilman Fontaine. Ayes — all. K a ADJOURNMENT 1 2:08 Ae M• City Clerk 23 — 7/20 : ` v !^ZS. -'rK .,. J: .- .._'.. �.. .- r,..u.K'�. ^ +'•.. Kf'ir.wC+r..yy w:M......m; v` � � vSR.+.<e�.v�M Nvinw. :V �•.v'1M xw!+!f.i+ - + ..yn,...w•t�rt +- .a:e+.•- .�'"' Y MINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, July 27, 1978 Council Chambers, Municipal Building Meeting No. 78 -17 Continuation of July 20, 1978 Council Meeting A. CALL TO ORDER Mayor Greavu reconvened the meeting of July 20, 1978 at 7:33 P.M. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Roger F. Fontaine, Councilman Present Earl L. Nelson, Councilman Present Donald J. Wiegert, Councilman Present Mayor Greavu moved to waive Rules of Pro cedure to add Approval of Agenda to the agenda. Seconded by Councilman Wiegert. Ayes - all. C. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended 1. Ariel Street 2. Furness Street 3. Tree Removal 4. Temporary No Parking 5. Discuss Item J10 and 11 following Council Presentations. Seconded by Councilman Wiegert. Ayes - all. J. NEW BUSINESS (continued) 12. Vending Machine Licensing - Ordinance - First Reading a. Acting Manager Blank presented the staff report. b. Councilman Fontaine moved to take "no action ". Seconded by Councilman Anderson. Ayes - all. K. COUNCIL PRESENTATIONS 1. Searle Street a. Councilman Anderson questioned that when a condition is given on a particular situation such as "No filling of Pong ", how does a future homeowner know this. b. Staff stated one alternative is to file the conditions with title claim. c. Councilman Anderson moved that the conditions approved for the Searle Stree property access variance be filed with the chain of title. Seconded by Councilman Wiegert. Ayes - all. - 24 - 7/20 2. Negotiations a. Councilman Anderson questioned the progress of the Public Works negotiations. b. Acting Manager Blank reviewed the positions. C. Mayor Greavu requested staff check the cost of M A M A. 3. Crime Prevention Reward Program a. Acting Manager Blank stated Council had requested that Staff invesitgate the crime prevention reward program used by some communities and submit the information to you for your review. Please find attached the information that has been obtained. In discussing this matter with Dan Bucholz, Executive Vice President, North Suburban Area Chamber of Commerce, he states he feels that our City could either consider joining their program, work with our local Chamber to join their program, or urge our Chamber to set up their own program. b. Councilman Wiegert moved to Paul Chamber of Commerce and to Seconded by Councilman Anderson. Ayes - all. 4. Tree Cutting a. Councilman Fontaine stated he had received a complaint from Mr. John Tucci, Kohlman and English, regarding how the contractor had removed his diseased tree and the damage he caused. b. Staff to investigate. 5. Conway Addition a. Councilman Fontaine stated Mr. Conway wishes to be on the next agenda. b. Staff stated he is scheduled for the August 3, 1978 meeting. 6. Letter - Indianhead Council a. Mayor Greavu stated he received a letter from the Indianhead Council requesting Council's support in declaring August 13 to 20 as "Scouting for the Handicapped Week ". There will be trailers at 15 locations within the Twin City area collecting newspapers for the Paper Drive Benefiting Scouting for the handicapped. b. Mayor Greavu moved to support the Indianhead Council's request to declare August 13 to 20 as "Scouting for the Handicapped LJeek". Seconded by Councilman Wiegert. Ayes - all. 7. Battle Creek a. Mayor Greavu questioned what the function of the Water Shed District is regard- ing cleaning up Battle Creek and what responsibility does Ramsey County have there. He also stated there will be a meeting held by Ramsey County Open Space, Tuesday, night at 7:30 p.m, at Lutheran Chruch of Peace to discuss the development of the Battle Creek Ski Area. - 25 - 7/20 8. Ariel Street a. Councilman Fontaine was informed about a water drainage problem on Ariel Street. It is really a shared problem with North St. Paul,Ramsey County and Maplewood. b. Staff stated they are aware of the problem and are cooperating. 9. Furness Court and Lydia Avenue Area a. .Councilman Fontaine stated he had received requests from the residents for more street lighting in the Furness Court -Lydia Avenue area. They are experiencing burglaries. b. Staff stated Sgt. Zappa has agreed to meet with the residents regarding crime prevention. c. Street lighting request forwarded to the Engineer. L. ADMINISTRATIVE PRESENTATIONS 1. Temporary "No Parking Zone" a. Acting Manager Blank stated each year during the Ramsey County Fair we exper ience heavy traffic congestion in the area of Flandrau Street -Frost Avenue -White Bear Avenue. The vehicles present a grave hazard to the pedestrians. Staff requests that the City Council, as it has in past years, enact a temporary "No Parking Anytime" restriction on both sides of Flandrau Street from 300 feet south of Frost Avenue north to its intersection with White Bear Avenue, from July 25 through July 30, 1978. b. Councilman Wiegert moved to place temporary "No Parking Anytime" Bear Avenue from Julv 25 through Julv 30. 1978. Seconded by Mayor Greavu. Ayes - all. J. NEW BUSINESS (continued) 10. Management Consultant a. Councilman Wiegert stated he stopped at the League offices and picked up copies of report's regarding "Picking Up New Management ". b. No action taken. 11. Acting Manager a. Councilman Wiegert moved to appoint Eric Blank as Acting Manager Seconded by Councilman Anderson. Ayes - Councilmen Anderson and Wiegert. Nays - Mayor Greavu, Councilmen Fontaine and Nelson. Motion failed. - 26 - 7/20 t 1 ..�,... . :. .+:•a n, tywP. � r '..•. �, a r.: s'r ^F� � s..�•: •yF 9 T /'.i.?nry�•v N G. 'n[_e• .�.a.T..: "TS'.'.+ 12. Salaries - Staff a. Mayor Greavu moved to table staff salaries until settlement of the Public Works contract. Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilmen Fontaine and Nelson. Nays - Councilmen Anderson and Wiegert. Motion carried. M. ADJOURNMENT 9:47 P.M. City Clerk - 27 - 7/20 MINUTES OF THE MAPLEWOOD CITY COU14CIL 7:30 P.M., Thursda Au 3, 1978 Council Chambers, Municipal Buildin Meetin No. 78 - 18 A. 'CALL TO ORDER A regular meetin of the Cit Council of Maplewood, Minnesota., was held in the Council Chambers, Municipal Buildin and was called to order at 7:33 P.M. b Ma Greavu, B. ROLL CALL John C. Greavu, Ma Present Norman G. Anderson, Councilman Present Ro F. Fontaine, Councilman Present Earl L. Nelson, Councilman Present Donald J. Wie Councilman Present C. APPROVAL OF MINUTES 1. Minutes No. 7814 (June 15, 1978 and. Jun 20,,.-, 1978) Councilman Wie moved that the Minutes of Meetin No. 78-14 (June 15, 1978 and extended meetin No. 7814 'June 20, 1978) be approved as corrected: Pa 3 (June 20, 1978) Item K-5: 'Insert "could it be" instead of it is bein Seconded b Councilman Anderson. A - all, D. APPROVAL OF AGENDA Councilman Wie moved that the A be approved as amended: 1. Actin Mana 2* Letter of Appreciation 3. Salaries 40* Water Tower. 5. Water Shed District 6. Beam and White Bear Avenues 7. Buildin Official Salar Seconded b Ma Greavu. E. PUBLIC HEARINGS A - all, 1. Li License - On-Sale - 1780 East Count Road D - Holida Inn 7:30 P.M. a. Ma Greavu convened the meetin for a public hearin re an application from Mr. James Dowlin Holida Inn, 1780 East Count Road D for an On Sale Intox- icatin Li License. The Clerk read the notice of hearin alon with the dates of publication, b. Mana Miller stated the back investi have been made on Mr. Dow- lin revealin nothin that would preclude his bein eli for an on-sale li license at 1780 E. Count Road D. ~ 1 — 8/3 777777777777����7777 7c' "r::ni :5, -:.+, "'•�3�'3'w'"" _.•i"".. .i. '��A. pd^ ' .�,� x -.•s x:._ E 4 C., Ma Greavu called for proponents. None were heard, d. Ma Greavu called for opponents. None were heard. e . Ma Greavu closed the public hearin f. Councilman Nelson introduced the followin resolution and moved its adoption: 78 - 8 - 154 NOTICE IS HEREBY GIVEN that pursuant to action b the Cit Council of the Cit of Maplewood on Au 3, 1978, an On Sale . Intoxicatin Li License was approved for James Dowlin Holdia Inn, 1780 E. Count Road D. The Council proceeded in this matter as outlined under the provisions of the Cit Ordinances. Seconded b Councilman Wie A - all, 2. Kennel License - 1872 No. Howard Street - 7:30 P.M. a* Ma Greavu convened the meetin for a public hearin re a re for a kennel license at 1872 No. Howard Street, filed b Mrs. Frank Marsden. The Clerk , read the notice of hearin alon with the dates of publication, be Mana Miller stated the premises at 1872 North Howard Street have been inspect� ed b MAPSI Personnel and found to be satisfactor for a small 'kennel license as stated in Maplewood Code Chapter 1103, c.* The applicant, Mrs. Frank Marsden, spoke on behalf of the re d. Ma Greavu called for proponents. The followin were heard: Mr. Ewald Pankorin, 1894 No. Howard Street Mrs. Mildred Hau 1880 No. Howard Street, e. Ma Greavu called for opponents. The followin were heard: Mrs. Robert Nase, 1881 McKni Road, presented a petition si b nine residents opposin the kennel, f. Ma Greavu closed the public hearin g . Councilman Fontaine moved to g rant a small kennel license to Mrs. Frank Marsden. 1872 North Howard Street, with review of the license annuall Seconded b Councilman Nelson. A - all, F. AWARDING OF BIDS None. G. APPROVAL OF ACCOUNTS � 2 8/3 7 77 F 4 Ma Greavu moved that the accounts (Part I - Fees, Servic Expenses - Check No. 002849 throu Check No. 002877 - $160,55,7_._17 Check No. 026922 throu Check No. 027080 - $118 034.02: Part II -la Check No. 17957 throu Check No. 18092 $48,233.01) in the amount of $326,824.20 be approved'as submitted. Seconded b Councilman Wie A - all, He UNFINISHED BUSI14ESS le Zone Chan F to R -3 - North of Mailand Road and East of McKni Road - Second Readin a. Mana Miller stated the Cit Council g ave first readin to this rezonin on Jul 20, 1978, sub to a condition that the Council ma downzone the propert after three y ears if the pro is not built in accordance with the Cit Land. Use Plan. This condition was attached to the rezonin in case the densit ordinance proposed later in the meetin had not passed. Since the densit ordinance was approved b the Council, this condition is no lon necessar It would be wise to avoid this t of contract zonin if possible. There have been several cases where courts have ruled a communities who have tried to contract zone.. Staff,, therefore, recommends that second readin be g iven to this rezonin without condit- ions, b. Mr. Lund the applicant, was in'attendance at the meetin co Councilman Wie introduced the followin ordinance and moved its adoption: ORDINANCE NO, 449 AN ORDINANCE AMENDING THE MAPLEWOOD ZONING CODE THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the followin 'described propert is hereb rezoned from F (Farm-Residential) to R-3 (Multiple Residential District): Lot 2, Block 3 Maplewood Hills Section 2. This ordinance shall take effect upon its passa and publication. Seconded b Councilman Anderson. A - all. 2. Street Improvements - Maple Greens Area Feasibilit Stud a. Mana Miller presented the staff report. h. Councilman Wie moved to accept. the feasibilit stud and set a hearin date of September 1_4., 19780 Seconded b Councilman Anderson. Councilman Wie withdrew his motion. C* Councilman Wie moved to table discussion of the feasibilit report until Au 10, 1978. 3 8/3 0 J Seconded b Councilman Anderson, A — all, 3e Re of Escort Services, Massa Parlors, Rap Parlors, Sauna Parlors and Services. Second Readin as Mana Miller stated this ordinance was placed on first readin at y our meet- in of Jul 20, 1978. Second readin and final adoption is in orders be Councilman Wie introduced the followin ordinance I and moved its -adoption: ORDINANCE NOe 450 An Ordinance amendin the Maplewood Code b addin Chapter 822 to re escort services, massacre parlors rap parlors and sauna parlors and services. Section 1. The Maplewood Code is hereb amended b addin thereto Chapter 822 which w ill read as follows: 822*0109 PURPOSE, The purpose of this ordinance is to re escort services,, massa parlors, rap parlors and sauna parlors, 822*0209 DEFINITIONS* Whenever the followin terms appear in this ordinance, the shall have the meanin assi to them in this section. A. ESCORT. To escort accompan or provide companionship to another person® Be ESCORT SERVICE. Premises at or in which escort is advertised, offered, or performed to or for members of the public or a private club, C. MASSAGE. The method of treatin the superficial parts of the human bod b .r rollin pressin strokin kneadin tappin poundin vibratin o stimulation with the hands or an instrument for the exclusive purpose of relaxation, ph fitness or beautification and for no other purposes, Do MASSAGE PARLOR. Premises at or in which massa is advertised, offered., or performed to or for members of the public.or a private club, E. OPERATE. To own, mana or conduct. F. PERSON. An individual, corporation, firm, partnership or association., G. RAP. Unlimited v conversation in an endeavor to arrive at a mutual under— standin or a on a particular subject, H. RAP PARLOR. Premises at or in which rap is advertised, offered, or performed to or for members of the public or a private club, Is RECOGNIZED SCHOOL. An school or educational institution licensed to do business as a school or educational institution which has for its purpose the teachin of the theor method, profession, or work of massa which school re a resident course of stud not less than sevent (70) hours before the student shall be furnished with a diploma or certificate. of g raduation from such school or institute of learnin followin the successful completion of such course of stud or learnin J. SAUNA. Means and includes a steam bath or heat bathin room or q uarters used for the purpose of bathin relaxation or reducin a 8/3 K . SAUNA PAI."TILO S_ 1' 111-4- e s a t. 0 i.n w c_ I i sauli.a- J_s advert-:i_ :,ed, offered, or per formed to or for mC.-w1bcrs of the. pi- ibl:i..c or pr:i_Vate C. - Lub. 822 a 030 a 1J1 CENS) I_, }LI,QUIFN),1','D 1L sh;_0_1 be t7nlawf ul for any person, di) c t.l..y or _indirect- ly, Li a pr et Cn ae or by 'any device w i.t=h: in th e C: iit y, to o or perform an servi :x.11 col:j vile t-in wi .t:.h tale oper :J. ,of all e:sc.01'1: s erv:.i_cc, Illassaj e par rap s parlor for x .,7 11 :L C.,ll ally C..h�1).4,e or fee _i.,s iw o r a n y 11'1one.. or o f value- i. s sol:ici. t_ ed or rece.i_ved witho be:i_ lice Lher_ of or by the city exc e � t l the, l cellse- requ:1x:'C' men .S h.o C.'_in sli 11 not al)j l to I:he practice o{" It1C(�.:1cine, stil °f�Z'ry' osteopathy, c.irop r _-? c t_i_c, ph y.�:j'_c a1_ th.er a.py s 01 Podiatry 1 per so duly 1_i.cerl.sed or regi in t -h is ._tta is to p ractice medicine- surger ostf='op' th s Chi y `� lysa� t ler jay, C:r pod:I_af:r_ an nurse i wh wor solely under the di ection of Ally such por soi-i, nC)�' to ti�ibe'i S c`lnd �C'_Cl.t.tt:lClClIis ��'�20 L'lrC dt11_y �3_cCI�. sC'_CI. L1T1d .E_'J_ t1le JaX1 7 .� of this Sizi.e except that t }li:' exemption Shall apply solely to the massat ' lg of the neck s face, scal1), and hall r of the cusot:.I.lcr or client for cosmetic or beautifying purposes. 822 f 031 w BUSI.NIISS LICiJ I'ME. No escort service, riassabc parlor, rap parlor or s,� Parlor small be operated within the C1ity unless such b isi.ness is currently licensed in acc0 dance with the provisions of this ordinance. A separate license sh.z:,.l.i he required for each place conducted operated, or maintained by any person. engage {1 in the licensod business. 833v O32. PERSONAL SERVICE LICENSE , No person shall perform or provi any service in conj w-i th operation of an escort service, massage parlor, ra-p pairlor or sauna parlor t.,-ithin the City unless such person is currei.Aly licen,,ed in accordance w I tli thn provisians of this ordinance. 822.. 0336 A license shall terminate on the last day of the calendar year during vlh:i.ch such license was issued. 822 o 034 a The license fees shall be established by resolution and shall not be Prora 822.035. The license fee shall be paid when the application is submitt>�d L-nd no fee shall be ref 822@ 036. No license shall be transferred to any other person or premises, 822.037. Applicant for a license must be at least twenty --one (21) years of age. 822. e APPLICATION. An application for a license Shall_ be made to the C ity Manager or to a person designated by the City Ma.nar,er on a form supplied by the City and shall contain. t;.i1C' following inforr Lion, Any falsification of information on the application ;hall be cause for denial, suspension, or revocation of said :license.. 822.0 BUS]_i'1ESS LICENSE. Every application for a license under t1 - lis Chapter shall be filed with the City Clerk. Each application shall be made on a form, sup by the City and shall contain the following :information. A. whether the applicant is a natural person, a corporation, a partnership, or other form of organization, 5 — 8/3 the. truo. name., d -c of 1) Lrth :11 the C is u natl1r; porl c c a. T ' . Ic - hc 7 010 pholle litli-II'Der of the -Ipplicant wlic-A -,.I- 3 t re S S e t: r t a (I d r e r u s e d c) r I ia s, J.[3 ca cit-izen of the UnJ_L St--ate.s whether the al)l * AL(­nt: 1 W been 1�,)-)owa b a- name other than Llic, true, mmlle,, MAd if So, wlicit wzls SUch L:1 (j ,- jt c-,, -mme of � 1,71,ore, used tile- i or ncames a n d t-o J)el conducted mider -71 des-ip ation, name, or, st othe-r the bu i I ) n s I n es S if i t :ILS and in such ca case., a copy of than the full in_divj..C1L1.-_1J_ W-IRIC Of- t110 _-1j.)P1_LC1 the certification a-s, 3.c(j_u--L-j,-ed b M.S.A. Cb,,-iptor 333 ccrtified b th CI-Crl� of C., C � _j the Dis, tric L Coi-ii, t: sha LL be a t to-c-, lied to the -1 pplication the strect addre S liwid dUrinry tl10_ preccdin f ile y ears ; t k i i G.� u. a 1) . at: which applicant has -)i L ap has t)( -,e7 ei-,5�apcd in and location of e-vcr bu I Yi. k�) or oc(. - i i FL.J. 4-.J -I.. - be-en con%7ictr.-d ' - " w he . %-- L I- her the �..ipplic-lnt has evei durin- the preccdii.i I-L-1-ve Yc"! of all folon crime or violation of -,'.-i-i ordinance Other than traffic. ordiliances, and 'if so, the a.p.plicai-it tsi-mll furnish inform.ation as to the time-,,, P l-L-1co, and offense. for il. w-,Cre had. the P h y 'sical description of the applicant_- whether the applican.t has an trainin or (-_,xperience in provid-Ln the t of service for whi-ch the lice-n.se, is re and the same information shall be. re of tli.e mana C. If the app-licant is a partnership the names and addresses of C-11-1 partners J_ r e- (JI anet a i.11-o-11--i-liation concernin each pear trier and the manac er as is rec k 0 of an ind-i-v-1idual applicant in subparagraph B above the name of the ma-i-ia y partner (s) and the inter of each partner In the business a true- cop-, o the partnership a shall be sub -,Mitted with the application, an _? partnership is re to file- a certif-JI-cato as to a trade name. under the provisimis, of M.S.A. GIJ-iapt-_er 333, a cop of such certificate, certified b the Clerk of District Cmirt shall. be attacheds name in- D. If the applica is a corpora ti.on mr on or other - the na and 1 .corporated, the state of incorporation; a true cop o ' the *Certificate of Incorporation, Articles of In-corporc-Lition of Association A and b -shall be attached to the app J.-ication, and if a forei corporation, a Cer-L-J_L__'Lical._e of Authorit as described in M.S.A. Chapter 303 shall be attached the ricame. of the maria and all information concernin said person as is re b sub- para B above a list of all parties who control or mm an interest in excess of five percent in such corporation or or or who care of'icers of the corporation or or and all information concernin said persons} as is re b subpar, a B above. E. Vbether the applicant is licensed in other communities and if so, where. F. The names of those individuals to be licensed and workin for the applicant who ma work in the Cit of Maple-wood. G. Whether the applicant has previousl been denied a license to conduct the t of business for which a license, is re lie T . lie names, residences, and business addresses of three residents of Ramse Count of g ood uioral character, not related to the applicant or financiall interested t1je - rem -d to as to the applicant s and/or in p remises or business who ma be referrc Twma s character. 1. Description and address of the premises for which the license is re ~ 6 — 8/3 wiz T atk f 1 e . t 1 )1 -1_ c ::1 t: :i_ t- I: a t: 1.11- I L11. P 0 1 , 41 , V1 0 01 f r o t : � � � x a � h o f h c! f �.� r. c., p l�r} tr c� �.I � t.. y L li i - j.Ly (;:30) d i of t. c.1� of: �:�1 ? 1� :1_ i_c: �I.t :1_.c.�tz � 1. t: two (2} b y t wo (2 ) i nc h e s -u a C o i;) l) : }_. c� t. e� c t, o .f zi 17 > f :l. I ] s ► l;'. r 1' r 1 11 Ls wl I.-j- c; I I s, t I o 11 b o tal<cn. by the Direcfor of: ! ub L,)<jfetYg if t::h appl_iCCint is a pa.rt:ner h.- i.1.7 corpota t:i.011, or of - .110r org alaa_z,-.it:i_ UTl`e f roast face 1 ?hotogra of each ParEner a:.1 Illall ��g �- 4 10 11 t: t( -1 wit - h il t:1 ity (30) ciz:1 o f th d of_ - a.l?p1.�:.c t �.vrz a l east 1. (2) by t :tiao (2) :Lnclic�. aI - I.ci a complete :ye of appLi.cant E s fingerprints- which s.hall be by L - he. D.irec:toa_ of Public Safe Ly K. Such other information. as the City Coulici.l may requi e. 822,, 01;2. i'I'R'SONIA.� S1`R.VI:CE LI -CEN`3 �© All the il_L ormc tion reru:i_red under se.ctioll 822.041, subparz.Tglraphs B, E, G, Ii, J• and K s11,-111 be required of for a per sonal. service 1_:1_cen'se. 822 e 043a vE1ZIFI:Ct' TT-ON REQUlRlM. The appl.:i_catiol. shall_ be signed and sworn to by the applicant,, if the applicant is a natural pex the application :Tall be signed and sworn to be such person; if the. applicant is a corpora.ti.on., the application shall be signed and sx•�Orn to by an of of the corporation; if the applicant is a 1 ?artnei. ship, the appLication shall_ be signed and sworn to by one of the partners; and f the applicant is an Unincorporated asESPociation, the application- shall, be signed and .sworn to by the manager or X11• zzag :i ng off i cer thereof o The appl.ica.t3 on. shall be verified b a duly authorized notary of the public 822.050 , INVESrTIGA ION FEE "o At the ti - Mc o-f submission of an application for a license, applicant shall pa in full. an investigation fee of $ 30c7 � No in.vest:igation fee shall be refunded. The investigation fee may be waived in case of renewal, 822. CONDITIO 4S Or LICEi"I r-i o No license shall be issued, renewed, or continue in effect unless there is compliance with the mini_muza conditions and require- iTlen_ts as set forth herein. Failure to maintain, compliance shall_ be for denial, suspension or revocation of said l 822e061* CO S` RZ.UCTIOIN REQU1RE_. N`EN1 - S. A* .Janitor closets shall- be provided for the storate of cleaning suppl:�es. Such closet shell be equipped with a mop sink and shall have mlechani.cal ventilation. with ten cfm per square foot of floor space, B. Restrooms shall be provided with mechanical %renti.l.ati.on and two cfm per square foot of floor area, a washing sznk equipped, with hot and cold running water under pressure, and a sanitary towel dispenser and soap dispenser C. Individual lockers shall be' provided for the use of patrons with separate keys for locking. D. Rooms in. the licensed premises including but not limited to tie sauna room, massage. rooms, restroom:S, janitor's closet, hall -ways and reception area shall be illuminated with not .less than 30 foot candles of illumination. .E® Massage parlors and sauna parlors shall be constructed of inateria.l_ which is impervious to moisture, 'bacteria, mold, and fungus growth. The floor -to --wall and wall_ t;o- -gall joints shall be constructed to provide a sanitary cover with a. miniHILIm radius of one inch. F. The doors to the sauna and the :.i.ri dual., massage or rap rooms shall not be equipped with any locking device and shall not be blocked or obstructed from ea,tlrc�r side. M 7 8/ 4 wa .�.�y ,�r:yn SY;'i•. ash .. _c ti.- •.R?i."..�c °'".r., .. c' a" -ik!.. - .:(+q,4"6s 6riazn r�•c ui ". +:v. >ca7 .qi?`):;� >7!+7:' ?�•S'xg ,"tYt > rna.9� r- n. -.:-ac • ray _ - rv'sn *.,*.vox.. --a: ;r4. - +r..rea. -a. r ,�z ...4'�."�".'>c f •, :� . .... ...7. 1a ... _.... ..k. ... .. .. ,... ,,, .,... ,. _..�.._'T+f.= • .t7!- `C r+�' YY. y"''tK!_ e':`s#". .?" .�.`'�..:.`'t•"?a� .'A?%?^R5 _ 0 A . 1 a u. (I N. I i i - i"l. gr � i :1_ n s y I I I: 1.11(1.. �..> s :E l o o r s , w � t 1.1:� , a t.} C j t_z i � � IYl G I1 t S hall. b e 1C C'_ pt �. i h a state of good r and I)I ;.t:l ntain d in a c all - t a ry cond at: 'al tillie' B. Saih..i.t. -ary hzind cleai:i i-ng a�;C'ThG�I � s an. I -tal -y towels and toilet ti ssue stlal_1 be pro- vidod at all Lillies R ce A(i.; quate refuse- receptabl_es . %hkal_l be- provich -ld and shall lac emptied as regUi.red. Do Linens and other_ mat er ials s :,7hal be stor at least 12 .inche's off the fl oor. li Clean towels and washcl-oths shall be rude available for each custoiyier in massage pnr_:i_ors sa saur, -a 1) ; b 822. L0NIT' I3,1 �QUIF%.i= ;;IENTS o In the deve- I_opmcnt and execution of this ordir:ance, It is r Llh,it there are so llie uses which because of their very nature, <�re recognized as having serious objectionable cape -1- t:ional. ch«racter:istics, particularly when several of th(- uses a-)- cohlcent: rated under certain circu�� stances thereby hav:i_n(r a d.telet:er .i_ous of f ec:t upon the adjacent areas, Special_ h_ egula t1._on of these uses is neces to in sure that these adverse effects will not contribute to the bli.ght:.in� or downgracl:ing of the surroun.dij. neiJ;fzborihood - 822.063. A. A busi ) .lc:ss license shall be issued only for property zoned business--- comi provided that such use is not detrimental to existing and future development o B. No escort service, massage parlor, rap parlor, or sauna. parlor shall be operated within twenty-six hundred (2600) feet of any other escort service, massage parlor, rap parlor_ or sauna parlor, C. No escort service, massage parlor, rap parlor, or sauna parlor shall be operated within twenty --sax hundred (2600) feet of any residentially zoned d.i_s trict, a cl - lurch s a nursery, el-ementary, junior high or high school, or any establishiriennt frequented by juveniles. 822 c 064 o No license shall be issued to an appli who is (a.) un:ler ttrenty --one years of age, (b) an alien., or (c) has been convicted of any crime which involves moral turpitude or EYhich relates directly to such person's ability, capacity of fitness to perform the duties and discharge. the responsibilities of the licensed activity, or (d) within five years prior_ to the date of application has had a similar license re- voked, denied or suspended.. . 822. 065. No licensed premises shall be open between the hours of 10 P.M. and 8 A.M. of the following day, and no business shall be opar.ated on Sunday. 822.006 The bii siness licensee shall at all times be responsI.ble for the safety and operation of the licensed business and premises and shall_ furnish the City Manager with a list of current eIr►p.loyees, said list shall include the name, address, elate of bir and any ot1 requested. - inforTnation for each e only those person: included on the list of current employees may be employed on the licensed preiiii_ses. 822, 067,, No person shall solicit business in any public place or in any licensed liquor e-stJ.abl.i.shment. i 8/3 822 n 0688 1\ w110 1 been 1".F7':;u0_d a person l service l.- i_censc sli J 1_l. so:i_:.i_c. t l>tl�ja_ �e:�.� or of f e�� or. ��.o,��ee to perform any l.:i..c-c -used sc--rv to an membor of the public 1 J's of 1.110 opposite. sex, except t�ila t: th i t r sec ti011 Sh- 1.1_ not apply to any person who as a personal service escort 1_i.cerlse when said person is performing, tli(atr licensed servlcc_�® 822. e CLO'i.'BING ICE Q UI.1` fL1IFINTS Any p er son who shalt receive the sex- v:icos J_.icen --- sod l;;'rei�� shall at �.1 . t:i.11�E'.S l�avca t sexual or genital parts, or a.t - iy portion the,rc.�of, coVered with a nontran sparent: co / or inf-r g and any parson who shall_ have a perso service license sliall_ at all t.::.i.rnGs whi-le in the employ thereof have the uppe -r and. lower parts of the body coii ipletel_y covered x,7ith a nontra.nspar ent~ cover:i.ng. 822 d 0 1 0 I U51I`;l?SS INiANAG1 :4 JR A ma ager must be assigned for the licenscad Premises and said I.i, mush have a valid peer sonal service license for that typ of ser_t ?i_ce, and no Tll�inager aha..1_1 be employed in any c ttic'7- 1_i_l`e business. The business J_icen.see shall designate, a person as and the manager shall be responsible f or the Con- duct of the 1 u - sin.)s unti another sui_tal.)le person has been design.atcd in C by the licensee. The licensee shall promptly notify th.e. City "ianac;er in writing of any chlanf es, said notice indicating - name and address of the .new I11aT1agcr and the effective (late of such change. 822 T RA IN1_i G RI QUl tE iE1�.1'& Applicants for a Personal service in assa.ge license shall furnish a deploma or certificate of gr_aducati.on from a recognized school. 822. ISSUA ICE OF LICENSE. A B S :NI.:S LICENSE. No business license shall be issued e ).acept pursuant to Council resolution., after a hearing, declaring that public convenience and necessity require the proposed business. Council- declaration of public con-- vience . and necessity shall not be necessary for the renewal of an existing business license, Provided that failure to apply for renewal at least thirty (30) days before the expiration of the e.- -.isti_ng license shall be considered an abandonment of the right to rene%•.al and a: Council hearing may be ordered. he Council may grant or deny any license request in its discretion, Ba PERS0j" SERVICE LICENNS)E. Applications shall be forwarded . to the Director .of Public Saf and to such other_ , City officials as the City Manager may deem necessary. At the earl �.es+ pr acti.cable time thereafter, the City Manage r shall issue or deny the request for a license, C. RIGHT of APPEAL. The decision of the City Manager may appealed to the City Council. if such appeal is made in writing within ten (1.0) working days following the date of issuance or denial of the license. when appealed, the City Council may set aside the decision of the City Manager, 822. RIGHT OF INSPECTION. Applicants and licensees shall allow a proper official of the City to inspect and periodically examine the premises for the purpose of ascertaining that said premises conform to all requirements and regulations pertain- ing to health, fire, san.i.taLion, arid. to ensure the preservation of the good order and peace of the City. Any refusal on the part of the applicant or licensee to allow such inspection or examination' shall be deeined as sufficient grounds upon which the City 1-lan.ager may deny, suspend, or revoke a license. � r £',22.:1.1.04 1�:1. I'1.1�.�'. C); I:�JM�;�; �aEj��_.:t_c' :7 z� foz ^�~c', la« �i.izc' �� :��_cc� h 11. b ��o t • • . A p er s on - 1 1 S C'1'VI.C C'. t :ah be .x.1 . Co11..(3p .t.(*A1011s 1)_ 0C' O OL t hO 1'x'.112 _�>C�,7 Q 1�c� 1.:i c:c.z�.�1t�t� on t :��c�:.: �c'r:� �.z ��d t1).cy :I_:*cc�lz.�f.'.c� shall ��r.c ?s c�nL s(za.d licer�:�c' cap: r1c -, b t � :ox• inspec cti�lic,n . 9 0 1 (2(1 ' �c!��tc:c1 ��y �.i.>>_�o�er off.c��1_ of 01 C;itye _ PHYSICAL CONI ".I.M.0 "A ' a No person s1zza :l_l., wh1.1.c, on the licensed ���'e7ni:�cs s pl_a.c�c? f >22 01 ...oa 'r or her i1and or ha-Ilcls upon or toticlA �•,.triz ar��T p���t: of his or her body oi- fondle in axe. ' lua.��1�c'z_° a seA), a�� ;c�n_ita1 part. of any othe per one 8 M1:NIMUM AGI e No person unclor the age of e -1 j;liteen (1:8) y c�zL�s of z C shall be p at: any t.:im. e on the Licensed pre lidsc -s as a cust oitler or guc s L uj.ilc,.us accompanied by a par or guardian. 822 ®140 t LIQUOR ON 1 S1l.S ® No non--- _intoxi.catin €; or 1_ntox .cation liquors sh, 1.1. be allowed on a;.iy licensed pre_ at any time. 82,2"C- INSURANCE REQUIRED. Each applicant for a business license- sl:al_l file With the City a public lif- ty in_sura.). policy, in:;?! r_ ln( the, applicant a gain!. t any and -_ill loss ari-sing out of the use, operation or maintenance of the place of business The policy of insurance- shall be i_n the'' limits of not l._ecs than on hundred thousand doll ,a rs ($100,000.00) for injury or loss to one person; three hundred thousand dollars ($300,,000.001 for each occurrence; and twenty-five thousand dollars ($25,000. proper Ly da7rmge. No cancellation of any policy shall be valid except upon thirty (3G) (lays prior w- rittei not to t�.1e City Tanager. �'a2a_urc to keep in force and cf feet tfze ii1surance required shall be grounds for revocation o.f the license. 8- 160 I',Gli "I' OF DENIAL. No license shall be granted or_ renewed on any prerl�ises oz.. WL h taxes, assessment, or other financial claims of the City, County, or State are due, del- inquent, o - j= unpaid. In the event an action has been commenced pursuant to the provisions of T Scatute s C,iaapter 278, questioning the arnount of validity of tax -es, the Council may on appeal by the a pplicant, waive strict compliance with this pro v 1_s- -� ion; no wa ivel may be granted however, for taxes or any portion thereof which re-mail. unpaid for a period exceeding one yeCar after becoming due. 822 4 170 4 SUSPENSION AND REVOCl�.ri':CON O LICEANSE e A license may be revoked by th Cou.nc ' l for ca �.se pursuant to a hearing. Such. hearing to be held of ter five (�) days notice to the licensee. A License inay be suspended temporarily by the City Manager and suspension small continue until otherti•.i_se ordered by the Council providing that the charges of the City 1-lanager be delivered in writing to the licensee and that the Council afford the licensee a hearing at its first scheduled meeting immediately follow- ing the suspension order. Upon hearing,, the Council may continue the suspension for a. specific period or may terminate same or may continue the license in of feet based upon any additional terms, conditions,* and stipulations which the Council may in Its sole discretion impose. • 822 0180. No business license shall solicit business or offer or agree to perform any licensed service nor small licensed employees of the business 'Licensee solicit business or offer or agree to perform any licensed service within the City while the bus:i.ncss licensee is under suspension or revocation. 822.190. l „ Zo person who has been issued a personal service license shall solicit business or offer_ or agree to perform any licensed service within the City when the l icense of said person has been suspended or revoked. Section 2. This Ordinance -shall t..atce effect and be in force from and after its pass-�p,e and publication as provided by law. ' 0” 10 - 8/3 Seconded b Councilman Anderson. A - all. 4. Sale of Propert - Duplex a. Mana Miller stated on Jul 6th the Council approved the sale of the duplex to Mr. Leslie Crome for $20,005. However, this was sub to ne of a supplemental a reducin the purchase price b an amount e to the cost of repairin and replacin the existin partial basement as needed. Durin the past two weeks the followin q uotations were received: $2,750 Trana & Craven Masonr Contra $3,786 Bravo Construction Co. Copies of these q uotations are attached. It should be noted that Trana .& Craven cannot do the work until Januar Mr. Crome has indicated that he will not accept a $2,750 deduction from the pur- chase price because he wants the foundation repaired durin the next month so that the house can be re-occupied. As a compromise, Mr. Crome has a to a $3,268 allowance for .repair of the foundation which is midwa between the low and hi q uotes, (Mr. Crome will be at Thursda meetin to answer the Council's q uest-. ions.) Staff recommends approval of a supplemental purchase a that will provide a $3,268 reduction in the $20,005 purchase price in order to cover the cost of foundation repairs, b. Ma Greavu moved to approve a supplemental purchase, a to provide a $3,268 reduction in the $20,005 purchase price for the duplex at 1940 Clarence in order to cover the cost of foundation repairs. Seconded b Councilman Fontaine. A all, 5. Subdivision - Final Plat - VanDahl Addition a. Mana Miller presented the staff report and recommended approval of the final plat. b. Ma Greavu moved to approve the f final subdivision Plat of VanDahl Addition. Seconded b Councilman Fontaine. A - all, I. VISITOR PRESENTATIONS 1. Robert Muck - 2586 Southlawn Drive a. Mr. Muck wished to alert the Council of a situation of irre at 1.784 Ed Road, - b. Staff stated it has been scheduled for Au 17, 1978 meetin 2. Frank McGinle 2044 Prosperit Road a. Mr. McGinle wished to discuss the Count Ditch 17 assessments, b. Council instructed Mr. McGinle to attend the public hearin re assess- 1 8/3 ments, Au 15, 1978. J NEW BUSINESS 1. Preliminar Plat - Conwa Addition a. Mana Miller stated Mr. Thomas Harti has re to be placed on the a to make a presentation concernin the Conwa Addition preliminar plat.. Staff is currentl preparin a report concernin a review of the proposed plat. The ma problem with the plat is the draina b., Mr. Thomas Harti representin Mr. Conwa spoke on behalf of the proposal, c. No action taken, 2. Lot Division a. 2510 Carver Avenue 1. Mana Miller presented staff report recommendin approval of the proposed lot division, subject to the followin conditions: 1. A new deed shall be recorded with Ramse Count showin the combinin of the new 100 x 233.05 foot lot with the ad parcel (parcel number 020-01) ; 2. Owner and applicant a to the above condition in writin 2. Councilman Wie moved to approve the lot division as re b Ambrose Ledo to divide his pro pert on South Centur to add a 100' b 233.05r lot onto an ad i g iven in the Jacent lot subject to the.conditons ' staff report. Seconded b Ma Greavu. A - all, b. 1221-1235 Frost Avenue 1. Mana Miller presented the staff report and recommended approval of the lot splits, subject to the followin conditions: 1. Applicant shall provide proof of an a which runs with the land g uaranteein g proposed parcel 2 perpetual use of water run from the well located on proposed parcel 4, until such time as municipal water service shall become available. This a shall be sub- j & ect to approval b the Cit Attorne 2. Applicant shall remove the g ara g e on proposed parcel 1 3. No buildin permits shall be issued on Parcel 3 until the Cit Council orders the up of Atlantic Street. This condition shall be re- corded so as to run with the land, notif all future propert owners 4. Applicant shall a to the above in writin 2. Mr. John Blake was in attendance at the meetin AWA 12 8/3 3. Councilman Wie moved to ap-)rove the lot divisi , p on as re ested b Mr. John Blake, 1221-1235 Frost Avenue to combine nineteen lots into four parcels -sub to the conditions as recommended in the staff report. Seconded b Councilman Anderson. A - Ma Greavu, Councilmen Anderson, Nelson and Wie Councilman Fontaine abstained. CIO 2591 Stillwater Road 1. Mana Miller presented the staff report and recommended approval of the proposed lot split and renewal of the Special Use Permit, subject to the follow- in conditions: 1. The North 138 feet of parcel 080-05 is combined with parcel 070-05 2. Owner and applicant a to the above conditions in writin 2. Councilman Anderson moved to approve the lot division and renew the Special Use Permit at 2591 Stillwater Road sub to the conditions g iven in the staff -report. Seconded b Councilman Fontaine, A - all, 3. Water and Sewer Improvements - Carver Avenue - Final Pa a. Mana Miller stated at its meetin of December 22, 1977, the Council con- sidered and subse approved the reduction of the retaina for the Carver Avenue Water Improvement. A retaina of 5% was withheld to complete minor items includin sod and bituminous curb. All items have been completed relative to the pro and it is recommended that the remainin 5% retainage in the amounts of $8,.941.12 be released to the contractor Orfei and Sons,, Inc. The ori contract in the amount of $166,554.36 was amended b chan order brin the total con- tract amount to $181,737,84, b. Ma Greavu introduced the followi resolution and moved its adop_tion: 78 - 8 - 155 WHEREAS,, pursuant to a written contract si with the Cit on March 21, 1977, Orfei & Sons, Inc. has satisfactoril completed Project No. 76-3, Carver Avenue Watermains, Services and sanitar sewer services in accordance with such contract NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD., MINNESOTA, that the work completed under such contract is hereb accepted and approved and BE IT FURTHER RESOLVED, that the Cit Clerk and Ma are hereb directed to issue a proper order for the final pa on such contract, takin the contractor's receipt in full, Seconded b Councilman Wie A - all. 4. Water and Sewer Improvements - McKni Road, Linwood Avenue to Hi Avenue - Final Plans a. Mana Miller stated plans and specifications for construction of sanitar sewer and watermain on the east side of McKni Road from Linwood Avenue to Hi wood Avenue are complete. The Council ordered the pro on. June 1. 1978, in ~ 13 - 813 in response to petitions for the improvement from the owners of the VanDahl and Venture Woods Additions. Staff recommends Council approve the final plans and sp ecifications and authorize the advertisement for bids. b. Councilman Anderson introduced the followin resolution and moved its adoption: 78 - 8 - 156 WHEREAS, pursuant to resolution passed b the Cit Council on June 1!, 1978, plans and specifications for the installation of sewer and watermain on McKni Road from Linwood Avenue to Hil Avenue, Maplewood Pro No. 77-10, have been prepared b or under the direction of the Cit En and he has presented such plans and specifications to the Council for approval NOW,, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,, MINNESOTA: 1. Such plans a specifications, a cop of which is attached hereto and made 'a part hereof, are hereb approved and ordered placed on file in the office of the Cit Clerk, 2. The Cit Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin,, an advertisement for bids, upon the makin of such improvement under such approved plans and specifications. The advertisement shall be published three times,, 'at least ten da before date s et for bid openin shall specif the work to be done, shall state the bids will be publicl opened and considered b the Council at the time and date selected b the Cit En at the Cit Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied b a certified check or bid bond, pa to the Cit of Maplewood, Minnesota, for 5% of the amount of such bid, 3. The Cit Clerk and Cit En are hereb authorized and instructed to receive, open, and read *aloud bids received at -the time and place herein noted,, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at the re Cit Council meetin of - September 7, 1978, ADVERTISEMENT FOR BIDS MCKNIGHT ROAD SANITARY SEWER AND WATERMAIN IMPROVEMENT PROJECT NO e. 77-10. CITY OF MAPLEWOOD, MINNESOTA The Cit Council of Maplewood, Minnesota, will receive sealed bids for con- struction of approximatel 2660 Lineal feet of 12" D.I.P. Watermain 2720 Lineal feet of 8" VCP Sanitar Sewer All appurtenances and restoration All within the Cit limits, on the basis of cash pa for the work. Bids will be received until 9:30 A.M., CDST, on the 30th da of Au 1978, at the Munici- pal Buildin 1380 Frost Avenue, Maplewood., Minnesota, at which time and place all bids will be publicl opened, read aloud and considered. Proposals must be placed in a sealed envelope with the statement thereon in- dicatin proposal for bid contained within and addressed to the Cit of Maplewood, 14 8/3 Minnesota. Proposals shall be submitted to the Cit Clerk on or before the above stated time. Proposal is for. the furnishin of all labor, e and material_ and performin all work in connection with the above stated construction. Proposal forms, includin specifications, are on file in the office of Schoell & Madson, Inc., located at 50 Ninth A venue South, Hopkins, Minnesota, 55343. Copies of the documents ma be obtained b depositin $25.00 with the En The amount of deposit for one set of documents will be refunded to each actual . bidder who returns the plans. and documents in g ood condition within ten da after the openin of bids, All bids must be accompanied b a certified - check or bid bond, pa to the Cit of Maplewood, Minnesota,, in an amount e to five per cent (5%) of the total bid, conditioned that if the bidder is the successful bidder he will enter into a contract in accordance with said bid and will furnish such performance bonds as are specified. No bidder ma withdraw his bid for at least thirt (30) da after the scheduled closin time for the receipt of bids, without the consent . of the Owner, The Cit Council reserves the ri to re an and all bids and to waive irre and informalities therein and further reserves the ri to award the contract in the best interest of the Cit Isl Lucille E. Aurelius Cit Clerk Cit of Maplewood, Minnesota 5. Plan Amendment: Pleasantview Park a. Mana Miller presented the staff report and recommended that the land use desi on. the subject site be. chan from RL, Low Densit Residential to OS, Open Space and P., Park. Staff also recommends that the Park desi on the propert to the east be omitted, b. Commissioner Duane Prew presented the followin Plannin Commission recommend- ation: "Commissioner Pellish moved the Plannin Commission find that the sub site is not in conformance with the Comprehensive Land Use Plan. If the Cit Council decides to ac this site for park land, the Council should amend the Land Use Plan desi from RL, Low Denist Residential to Open Space and Park Land. The desi of Park Land on the propert to the east should then be removed, Commissioner Kishel seconded, A all." C. Councilman Wie moved staff recommendations, and introduced the followi resolution and moved its adoption: 78 - 8 - 157 WHEREAS, the Maplewood Cit Council and the Maplewood Planni Commission have prepared and adopted a Comprehensive Communit Plan in compliance with the re ments of Section 462.355 of the State Plannin Enablin Le and WHEREAS, said Section 462.355 provides for subse amendment of said Com- prehensive Plan which reflect chan conditions and 15 8/3 WHEREAS, the Maplewood Plannin Commission has conducted the re q uired public hearin and has g iven consideration to all evidence and testimon submitted at such hearin held on Jul 17, 1978, and has adopted said amendment and forwarded said amendment to the Cit Council for certification and WHEREAS,, the Maplewood Cit Council has reviewed said amendment NOW,, THEREFORE, BE IT RESOLVED, that the Maplewood Cit Council hereb adopts and amends the Comprehensive Plan for Maplewood. Seconded b Councilman Anderson. A -.all, 6. Inspection Rates: Electrical Inspector a. Mana Miller presented a memo from the increase in fees for electrical inspections, schedule and the proposed fee schedule. The been approved in Little Canada, North Oaks a-. Petterson is also the electrical inspector, commended, electrical inspector re an Also submitted are the present fee proposed fee schedule has alread ad the town of White Bear where Mr. Approval of the fee schedule is re- b. Councilman Fontaine moved that the increase in fees for electrical inspections be approved as submitted b Mr. Gunnar Petters Seconded b Councilman Anderson, .,A - all, 7. Transfers to Eliminate Interfund Receivables/Pa a. Mana Miller stated pa 7 of the 1977 audit report comments recommends that certain transfers be made to eliminate interfund receivables and pa Staff recommends adoption of a resolution that would authorize the necessar transfers. b. Councilman Wie introduced the followin resolution and moved its adoption.,- 78-- 8-•158 WHEREAS, pa 7 of the 1977 audit report comments summarizes interfund re- ceivables/pa and recommends that cash transfers be made durin 1978 to eliminate them, NOW,, THEREFORE,, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,, MINNESOTA, that the transfers as listed are hereb authorized and shall be made as recommended. Exhibit A Pa 7 of the 1977 Audit Report DUE FROM/TO OTHER FUNDS The interfund receivables /pa s are the result of y ear-end ad re- corded b the Cit plus adult ad at December 31 1977. These receivable s/ pa should be eliminated b interfund cash transfers in 1978, subse to Cit Council approval. The followin schedule summarizes these ad b fund, 6-16 8/3 Mr. Bill Gardner, 2480 Hazelwood Street,, spoke on the problems.with Hazelwood Street. 1. Actin Mana a* Councilman Anderson moved to appoint Eric Blank as Actin Mana er, Seconded b Councilman Nelso A - Councilmen Anderson, Nelson & Wiegert, Na - Ma Greavu and Councilman Fontaine. Motion carried. 2. Letter of Appreciation _ 17 - 8/3 DUE -FROM DUE TO FUND FUND NO, OTHER FUNDS OTHER FUNDS General Fund 101 $ .9,395.38 Special Revenue Funds:' Plannin 207 2.%289937 Water (Fire Protection Char 208 348,911 Capital Projects Fund 401 3, 956.75 Sewer Enterprise Fund 701 1 Intra-Governmental Service Fund 901 2.%801*15 .Special Assessment Fund: Debt. Service Accounts: G.O. Bonds if 1972 - lst Series 501 23,680*25 Refundin Bonds of 1974 514 1, 350.00 G.O. Bonds of 1977 - 1st Series 519 1,974955 160.%290.00 Refundin Bonds of 1977 521 49 Construction Accounts: Pro 71-15 609 25,622,44 ,Pro 73-9 621 143 6 Pto 73-13 623 6 Pro 74-11 630 16 Project 74.18 634 15 Project 7,5-16 643 298940 Project 76-3 645 15 Project 76-4 646 i 974.55 Project 76-7 649 298e40 Totals $243 $243,937a21 The above interfund receivables /pa reflect normal. y ear-end adjustments to the Cit financial records. Seconded b Councilman Anderson. A all. 8. Draina Stud Reports a* Mana Miller presented the staff report, b. Councilman Wie moved to establish a shirt sleeve session for September .26, 1978 in the Council Chambers to discuss the draina stud report. Seconded b Councilman Anderson. A - all, K. COUNCIL PRESENTATIONS Mr. Bill Gardner, 2480 Hazelwood Street,, spoke on the problems.with Hazelwood Street. 1. Actin Mana a* Councilman Anderson moved to appoint Eric Blank as Actin Mana er, Seconded b Councilman Nelso A - Councilmen Anderson, Nelson & Wiegert, Na - Ma Greavu and Councilman Fontaine. Motion carried. 2. Letter of Appreciation _ 17 - 8/3 a. Councilman Anderson moved that a letter of ap be g iven to Michael Miller for his y ears of dedication and services to the Cit of Maplewood in the capacit of Cit Mana since Januar 19 70 - he introduced the followin res- olution and moved its adoption: 78 - 8 - 159 WHEREAS commendation and appreciation be extended to Michael G. Miller for his ei and one half y ears of continuous devoted and unselfish service as Cit Mana to the Cit of Maplewood and WHEREAS, Michael G. Miller has shown uncommon dedication to his duties and responsibilities and consistently contributed his leadership and effort in man wa to the benefit of the Council and to the citizens of Maplewood, NOW, THEREFORE, BE IT RESOLVED, that the Cit Council of Maplewood, Minnesota, on its own behalf and on behalf of the citizens of Maplewood that Michael G. Miller is hereb extended heartfelt g ratitude and appreciation for this conscient- ious, dedicated service and wish him continued success in the future BE IT FURTHER RESOLVED that the Clerk is hereb instructed to include this resolution into the minutes as a permanent record of Maplewood's appreciation of Mr. Miller's services, and further* that a certified cop of this resolution be prepared b the Clerk for presentation to Michael G. Miller, Seconded b Councilman Wie A - all, 3. Salaries a. Councilman Anderson moved an increase of 7% for staff retroactive to Januar 19780 b. Councilman Anderson withdrew his motion and moved to table. Seconded b Councilman Nelson. A - all 4. Water Tower a. Councilman Anderson discussed the assessments for the water s and water tower, 5. Watershed District a. Councilman Fontaine discussed and made comments re the Watershed District, b. Councilman Wiie moved that the Ma be authorized to send a letter to the water shed, district re that the review and define their duties and that a cop be forwarded to the Ramse Count Board of Commissioners and to all the Cit le Seconded b Councilman Fontaine. A - all. 6. Beam and White Bear Avenues - Re for Left Turn Lane a., Ma Greavu read a letter from the Maplewood State Bank re a left turn lane on White Bear Avenue at Beam Avenue. , � mw� It 1.0 b. Ma Greavu introduced the followin resolution and moved its adopt* 78 - .8 160 WHEREAS, the Cit Council of Maplewood, Minnesota, has determined a public need., NOW, THEREFORE BE IT RESOLVED that the Cit Council re the Count of 31 1 Ramse to construct a left turn lane on White Bear Avenue at the intersection of Beam Avenue, said left turn lane to accommodate the southbound to eastbound movement., and to investi the possible construction of a ri turn lane * on White Bear Avenue at the intersection of Beam Avenue, said ri turn lane to accommodate the northbound to eastbound movement. Seconded b Councilman Wie A - all® Lo COUNCIL PRESENTATIONS 1. Buildin Official Position Salar a. Mana Miller presented the staff report recommendin Council authorize a wa of $20,000 a y ear for the position (with- benfit costs, total would be approximatel $22,800.) b. Councilman Wiegert ' moved to authorize the wa of $20,000 for the Senior Buildin Official position, Seconded b Councilman Anderson. A all. M. ADJOURNMENT 10:49 P.M. Cit Clerk saw 19 8/3 €1 , f, ` MINUTES OF MAPLE WOOD CITY COUNCIL , 7: 30 P.M., Thrusday, August 10, 1978 Council Chambers, Municipal Building Meeting No. 78.19 A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in the Counci Chambers, Municipal Building and was .called to order at 7:32 P.M. by Mayor Greavu. B ROLL CAL John Greavu, Mayor Present Norman G. Anderson, Councilman Present Roger F. Fontaine, Councilman Present Earl L. Nelson, Councilman Present Donald J. Wiegert, Councilman Present Ce APPROVAL OF AGENDA Mayor Greavu moved to. approve the agenda as amended: �.. Water Assessments 20 ' Kors tad Re-- evaluation 3. Managers Search 40 Salaries' 5. Lakewood and Holloway +6. Harvester and Sterling 7. Negotiations Seconded by Councilman Wiegert. Ayes — all. D. PUBLIC HERRINGS 1. Share Tree Disease Control Program Assessments a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the assessment roll for Shade Tree Disease Control Program Project No. 77--6. The Clerk read the notice of hearing along with the dates of publication. b. Acting Manager Blank presented the staff report and recommended ado P tion the assessment roll as submitted. C* Mayor Greavu explained the procedures for the assessment hearing. Forms are available for anyone wishing to appeal the assessment. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: 1. Mr. John Daubney, representing Jacob Jordan, 2472 Upper Afton Road (Parcel No. 233) 2. Mrs. Pauline Manhood, 1869 Arcade Street (Parcel No. 804) 8/10 r Y': Z �C i {'^ •� { "P" �., i:pyV;"p°_ is - F' T• v+w — „3. Mr . Thomas George, 1697 Payne Avenue (Parcel No. 574) 4. Mr. Ray Nowicki, 20 Dewey Street (Parcel No. 96) 5. Mr. Arnold Sandberg, 796 No. McKnight Road (Parcel No. 128) 6. Mrs. Kathleen Perron, 1971 Gervais Avenue (Parcel No. 26) 7. Mr. Henry Beck, 1657 Sterling Avenue (Parcel No. 645) 8. Mr. Peter Morris, 2100 Arcade Street (Parcel No. 352) 9. Rev. Lloyd ReAsby, 2588 Hazelwood Street (Parcel No. 741) 10. Mr. Jack Adamson, 2438 Arcade Street (Parcel No. 98) 11. Blazer Investment Co. (Merit Chevrolet) Parcel No. 270) e. Mayor Greavu closed the public hearing. f. Councilman Wiegert introduced the followina resolution and moved its adoption 78- 8--161 WHEREAS, pursuant. to proper notice duly g1ven as required by law, the City Council has met and heard and passed upon. all objections to the proposed assess- ment for removal of diseased trees as described in the files of the City Clerk as Shade Tree Control Program Improvement No. 77 -6 and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MA.PLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein in-- c•luded is hereby found to be "benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or after the first Monday in January, 1979 and shall bear interest at the rate seven (7) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1978. To each subsequent installment when due shall be added interest for one year on all unpaid installments. . • 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non-- abutting properties which may be served by the improvement when one or more later extensions or improve- M” 2 -" 8/10 r 1 .. .:. . .. �.. t ,: ._ r - . .t'' 2 •�2 .. . 4 r .:. ..+.�. a.or.: :o��a 4 . ra - . i•^r '�`. .f _ .. _ .: e"`#3..:.. 3 _ .. ...�:y .tA arY +v�•x+ssr� .. .wc" .. ,. ... �..,... . :. �.,. z:. •. c- -.� �Ka. esr<. .. J. ` �lr `rients are made, but which are not' herein assessed therefore,. it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 429.101 and 18.023 Subdivision 6 to reimburse the City by adding any portion of the cost so paid to the assessments levied for. any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assess- ment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilman Anderson. Ayes - all. g. All requests for assessment adjustments will be reviewed and reported to Council. Applicants will be notified. All assessments not paid by the 11th of September will be levied on the tax roll with 7% interest. 2. Easement Vacation -- 2142 Atlantic Street -- 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a proposal to vacate the east 32 feet of the 5 foot utility easement on Lot 3, Block 3, Hills and Dales Addition. The Clerk read the notice of hearing along with the dates of publication. b. Acting Manager Eric Blank presented the staff report recommending approval of the proposed vacation, subject to approval by the utility companies. C. Mr. John Mallen, the applicant, 2142 Atlantic Street, spoke on behalf of his request. d. Chairman Les Axdahl presented the following Planning Commission recommendtion: "Commissioner. Pellish moved the Planning Commission recommend to the City Council approval of the proposed easement vacation subject to written approval by all utility companies affected by this action which would include Northern States Power Company, Northwestern Bell Telephone Company and Pipeline. Commissioner Barrett seconded. Ayes all." e. Mayor Greavu called for proponents. None were heard. - f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilman Fontaine introduced the following resolution and moved its adoption: 78 .- 8 -- 162 BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minnesota, as follows WHEREAS, pursuant 'to the provisions of Minnesota Statutes, Section 412.851 thereof, the Maplewood City Council, after a public hearing preceded by two (2) weeks published and posted notice, proposes the vacation of the following described utility casement, to wit: _ �- - RR�a t7L`l'�j ,<.. � x .- S�?ii- +�•^,a`S. :.Y°,�P7f�' .�,t`.:�,. n , 'w' �; .. .�.'x1. �?'b•#,/.,r�� �� •�• .F�'tiut ...�.r�. u . _. ' .... ��..... .. - ... - ...,. ..: � ..... �{'i`.:. -, .. •g�yycd7,:`in ` .r°�,hc � '�. i .. T.• _ ': i, -: :. .. ,. v - .. .. e . ...s ..>r... f . -... }... i .. �• 1 � r1- R S.e2'.J:'uT f, P,4 1 ,;t 32 feet of the 5 foot wide utilit easei11(-D_-nt over, under, and throu Lot 3, Block 3, 11ills and Dales Addition C C., o f1ji to the plat thereof and of record in the off 'Ice of the I Count Recorder (bein also known and n umbered as 2142 A t]. Street, Maplewood., Minnesota) ; and t. die Maplewood Cit Council finds that the vacation of said described 1 8 QI)Aint is in the interest of the public 'I 111JO`t#ORE, BE IT RE SOLVED BY THE COUNCIL OF TH E CITY OF MAPLEWOOD, -RAMSEY P.J'/0TA that the above-described portion of the utilit easement be vacated and that the Cit Clerk is hereb directed to pr a C0111i,iletion of the proceedin pursuant to the provisions of Minnesota 8(`(J ton 412.851 thereof and shall cause the same to be presented to the for entr upon his transfer records and the same shall thereafter the Ramse Count Recorder, Co-uncilman Wie A all, Is, 0 S nent Maple Greens Feasibilit Stud () Public Works Bittner presented the feasibilit stud T'os,idents expressed their opposition L to the construction of Sterlin t: Roa 1"o staff to "stake out" So Council the proposed Sterlin Avenue the street would be, a , 1111•111 Wie moved Alternate 1 and introduced the follo win resolution i t -9 do on: 78 8 JL6 3 the Cit En f or the Cit of Maplewood has been authorized and r opare preliminar plans f or the improvement of. Mar Avenue, f rom to Lakewood Drive Iv Avenue from Ferndale Street to Centur Avenue; 'reti from Mar Avenue to Iv Avenue and Sterlin Street f rom Still - - ' to Mar Avenue b the construction of sanitar sewer, storm sewer, CUrb and g utter, streets and necessar appurtenances and the said Cit En has prepared the aforesaid preliminar plans XO-Vement herein described: 'Z:'F-!R11Nr4ORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD MINNESOTA, report of the Cit en advisin this Council that the proposed ellt on Mar Avenue from Centur Avenue to Lakewood Drive Iv Avenue Ie Street to-Centur • d y Avenue, Ferndale Street from Mar Avenue to a It and Sterlin Street from Stillwater Road to Mar Avenue b tion of sanitar sewer., storm sewer, watermain, curb an g utter, streets :` - ,%;ar appurtenances is feasible and should best be made as proposed, is Tetceived 8/10 7711�!t 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited propert for all or a portion of the cost of the improvement accordin to M.S.A. Chapter 429, at an estimated total cost of the improvement of $1,500,000.00. 3. A public hearin will be held in the Council Chambers of the Cit Hall at 1380 Frost Avenue on Thursda the 14th da of September, 1978, at 7:30 P.M. to consider said improvement. NOTICE OF HEARING OF IMPROVEME NT TO WHOM IT MAY CONCERN: .WHEREAS, the Cit Council of the Cit of Maplewood, Ramse Count Minn*esota, deems it necessar and expedient that the improvement hereinafter described, be made. NOW, THEREFORE, notice is hereb g iven that the Cit Council will hold a public hearin for said improvement at the followin time and place within the said Cit Date and Time. Thursda September 14, 1978 at 7:30 P.M. Location: Council Chambers of the Cit 1380 Frost Avenue The g eneral nature of the improvement is the construction of sanitar sewer, storm sewer, watermain, curb and g utter, and streets in Mar Avenue from Centur Avenue to Lakewood Drive Iv Avenue from Ferndale Street to Centur Avenue Ferndale Street from Mar Avenue to Iv Avenue and Sterlin Street from Stillwater Road to Mar Avenue. The total estimated cost of said improvement is $1,500,000.00. It is proposed to assess ever lot, piece or parcel of land benefited b said --improvement whether abuttin thereon or not, based upon benefits received without re to cash valuation. Persons desirin to be heard with reference to the proposed improvement should be present at this hearin This Council proposes to proceed under the authorit g ranted b Chapter 429 M.S,A. Dated this 10th da of Au 1978. BY ORDER OF THE CITY CO /s/ Lucille E. Aurelius Seconded b Councilman Fontaine. Fe COUNCIL PRESENTATIONS Cit Clerk Cit of Maplewood A - all. Water. Assessment a Councilman Anderson q uestioned if there were an alternatives in assessing odd lots and lar lots for the Water S Area Improvement 75-16. -- 5 one 8/10 1). Staff`stat the are lookin into several alternatives and will report to the Council at the Monda "work. shop" session.. Korstad Re-Evaluation Councilman. Wie commented on a re f rom William Korstad re re- evaluation of his propert on Count Road D. b.. Staff will investi Council asked staff to contact the Count to see if there are other re such as this one. Ilana Search R. Councilman Wie presented a report comparin the alternatives for hirin a mana He re the item be placed on the next a He also stated lie had talked to Mr. Phil Cohen, Ma of Brookl Center, who advises hirin a consultant* Salaries ae Councilman Wie moved t -approve 7% increase for 1978 for the M Team (Mana .,er, De heads, Deput Police Chief, Lts.) retroactive to Januar 1. 19780 Seconded b Councilman Anderson. A Councilmen Anderson, Nelson and Wie Na M a y or Greavu and Councilman Fontaine. Motion carried. Sewer Connection Minnehaha .a. Ma Greavu stated that 'a perso buildin a new home on Minnehaha Avenue was told he - had a sewer stub in but it could not be .f ound and he had to pa f or tunnel- In under the street. J b.- Staff will investi when more information is received. Lakewood Drive a nd Hollowa Avenue ao Ma Greavu stated there is a resident at Lakewood Drive and Hollowa Avenue whose nei diverts his water from a downspout onto the residents propert b. Cit Attorne stated this is a civil tatter and the should see their own attorne �� Harvester and Sterlin Avenues a. Ma Greavu moved to instruct staff to send a crew to correct the draina proi I )lem at Harvester and Sterlin Avenues. (Work catch basins up and reali the pipe.) Seconded b Councilman Anderson. A all. 2ke Ma Greavu - what is holdin up- -ne with Public Works. 6 8/101 �;,,JEF �-Z� Staff stated the Public Works people have rejected the City's last offer. ADMINIS PRESENTATIONS �., Assessment Nearing Location a Actin g Manager er Blank stated the location for the assessment hearings has been . changed to Gladstone School. All legal requirements have been met. 10:10 P.M. -- City Clerk -7 8/10 # .� •� ;j, SST. -. 9S •�:,,rgkY>�^�' "r,: e�:r anr- - s' .J.e'. r...5>- �t o.E.+��1ti^i"i^F ° -, :..r �:Y.�� . ;., •: .. � ....:: .. :w , � ^vim 3}'x".F 'S'.. ... - � ' <�_ c•. i . ... c f .... .... .. .. .. n.., .,:.:... a �, a MINUTES OF MAPLEWOOD CITY COUNCIL 7.30 P,,m,., Tuesda Au 15, 1978 Council Chambers, Municipal Buildin Meetin .No. 78-20 A. CALL TO ORDER A special meetin of the Cit Council of Maplewood, Minnesota, was held in the Council .Chambers, Municipal Buildin and was called to order at 7:30 P.M. b Ma Bo ROLL CALL John C. Greavu,, Ma Norman G. Anderson, Councilman Ro F. Fontaine, Councilman Earl L. Nelson, Councilman Donald J. Wie Councilman Ce APPROVAL OF AGENDA Present Present Present Present Present Councilman AndersC_P1._L1 moved to approve the A as submitted. Seconded b Councilman Wie A --all. Ds PUBLIC HEARINGS 1. Assessment - Project 75-16 - Area Water Improvements 7:30 P.M. a. Ma Grea convened the meetin for a public hearin re the adoption of the assessment roll f Water S Area Improvement No. 75-16. The Clerk read the notice of hearin alon with the dates of publication, Ma Greavu recessed the meetin at 7:33 P.M. '-Due to the lar attendance for the assessment hearin the meetin was transferred to the Gladstone School, Frost and Mantom. Cit emplo will remain at Cit Hall to direct the public to the Gladstone School and to read into record the public hearin notices. Ma Greavu reconvened the meetin at Gladstone School at 7:45 P.M. 1. Assessment Hearin Project 75-16 (continued) a. The Cit Clerk read the notice of hearin alon with the dates of publication. b. Director of Public Works Bittner presented the specifics of the proposed assess- ment. The rate was calculated at $450 per acre. Propert owners who have not pre- viousl been assessed for water mains, and where water mains were constructed, the rate is $13.50 per front foot, C. Ma Greavu called for proponents. None were heard, d. Ma Greavu called for opponents. The followin were heard: 8/15 Mr. William Dresslin., 2115 English Street; Mr. Prank McGinley, 2044 Prosperity Road; Mr. Peter Moritz, 2291 Hazelwood Avenue; . Mr. James Karalus, 2416 Germain Street; Mrs. Mary June Strant, 2452 Germain Street; Mr. James Tansey, 1684 Frost; Mr. Frank Willem, 1127 E. Larpenteur Avenue; Mr. Ron Leu, 2752 Gem Street; Mrs. Lulu Schenz, 2865 White Bear Avenue; Mrs..Diane Schenz, 1499 E. Viking Drive; Mrs., Connie Peltier, 1835 Manton Street; Mr. Tony Crea, Ramsey County; Ms. LaVaun Bly, Ramsey County; Mr. Richard Hoffman, Ramsey County Assistant District Attorney; Mr. Ray Fernow, 2500 White Bear Avenue; Mrs. Myrtle Hughes, 1546 Laurie Road; Mrs. John Davis, 2210 Hazelwood Avenue; t Mrs. Kay Perron, 1971 Gervais Avenue; Mr. Roger Krummel, 1638 Frost Avenue; - Ms. Helen Black, 1674 E. County Road C; Ms. • Myrtle Nichols, 1375 Ripley Avenue; Mr. James Jackson, 1405 E. Larpenteur Avenue; Mrs. Barbara Dixon, 1828 Manton Street; Mrs, Dorothy Olson, 1806 Clarence Street; - Mrs, Maurice Hughes, 2160 Arcade Street; Mr. Fred Skogsberg, 1134 E. County Road D; Mr. Lewis Clark, 2604 Flandrau Street; Mr. Harvey Zuercher,_2911 Maplewood Drive; Mr. Ron Brown, 2776 Keller Parkway; Mr. Rod Kjersten, 1264 Frisbie Street; Mr.. Peter Morris, 2100 Arcade Street, Mrs. Helen Carlson, 1714 E. Lark Street; Mr. Irwin Nordeen, 2290 White Bear Avenue; Mr. Michael Wasiluk, 1747 Frank Street; Mr. John Jungman for Theresa Jungman Resident, 1143 E. County Road B; Mrs. Harold Kohlman, 900 Kohlman Lane; M. J. Gardner, 1252 Lealand Road; Mr. Gregory Koch, 3488 White Bear Avenue; Mrs. A.W. Bollman, 1889 E. County Road B; Mr. Randy Datson, 1356 E. County Road C; Mr. Gilbert Siedow, 1773 Flandrau Street; Mr. Joe Palmer, 1893 Kennard Street; Mr. Dean Hensley, 1927 Flandrau Street; Mr. Don Watson, 985 E. County Road C; Mr. Ray Mosio, 1847 Kohlman Avenue; Mr. Joseph Zappa, 2522 Flandrau Street; Mr. Joe Puzbasa, 1173 E. Larpenteur Avenue; Mr. James Monzel, 1217 E. Larpenteur Avenue; Mr. Dick Schultz Mr. George Supan, Hazelwood Street; Mr. William Dixon, representing Hubbard Broadcasting Co.; Mr. Ted J. Leigh, 2591 Clarence Street; Mr. George Rossbach, 1406 E. County Road C; Mr. Robert Hulke, White Bear Avenue; Mr. John Williams, 2230 VanDyke Street Mr. Don McClellan, 961 E. County Road C. 2 — 8/15 �� ,M, e. Mayor Greavu closed the public hearing. f. Councilman Wiegert moved that the p ublic hearin s scheduled for An ust 15 1978 be carried over to Au ust 22, 19780 Seconded by Councilman Anderson. Ayes - all. g. Mayor Greavu moved to carry over until Au gust 22, 1978 the Council decision for Water Improvement 75-16 Assessments* Seconded by Councilman Fontaine. Ayes - all. 12:00 Midnight City Clerk 3 - 8/15 . .... ....... MINUTES OF THE MAPLEWOOD CITY COUNCIL 7:30 P.M.,.Thursday, August 17, 1978 Council Chambers, Municipal Building Meeting No. 78 -21 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:32 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Roger F. Fontaine, Councilman Absent Earl L. Nelson, Councilman Present Donald J. Wiegert, Councilman Present C. APPROVAL OF MINUTES 1. Minutes No. 78 -14 (July 6, 1978) Councilman Wiegert moved that the Minutes of Meeting No. 78 -14 (July 6 1978) be approved as submitted. Seconded by Councilman Anderson. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended 1. Assessments 2. Mayor 3. Street Sealing 4. Emergency Preparedness Director 5. Sophia Street 6. Gambling Permits Seconded by Councilman Wiegert. Ayes - all. PUBLIC HEARINGS 1. Zone Change - R -2 to R -3 - 2750/2752 White Bear Avenue 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a request from Craig and J.A. Miller for a zone change from R -2 to R -3 for the property at 2750/2752 White Bear Avenue. The Clerk read the notice of hearing along with the dates of publication. b. Acting Manager Blank presented the staff report recommending approval of the rezoning from R -2 Double Dwelling to R -3 Multiple. c. Chairman Les Axdahl presented the following Planning Commission recommendation: - 1 - 8/17 "Commissioner Fischer moved the Planning Commission recommend to the City Council approval of the Zone Change from R -2 to R -3 as such Zone Change is in conformance with the Land Use Element of the Comprehensive Plan. Commissioner Pellish seconded. Ayes - 5 Nays - 2." d. Mayor Greavu called for proponents. The following were heard: Mr. Craig Miller, the applicant, spoke on behalf of the proposal; Ms. J.A. Miller the applicant. e. Mayor Greavu called for opponents. The following were heard: Ms. Diane Paul, 2096 Mississippi Street, stated she and her sister, Debbie Paul, had rented the 3rd unit and explained the problems that occured while they were renting. Mr. Richard Seppela, 2205 Mapleview Avenue, brother -in -law of the Pauls. f. Mayor Greavu closed the public hearing. g. Councilman Wiegert moved to rezone 2750/2752 White Bear Avenue from R -2 Dou Dwelling to R -3 Multiple Dwelling subject to drainage conformance to usability to the ground level units. Seconded by Councilman Nelson. Ayes - Councilmen Nelson & Wiegert. Nays - Mayor Greavu, Councilman Anderson. Tie vote - Motion defeated. F. AWARDING OF BIDS None. G. APPROVAL OF ACCOUNTS Councilman Anderson moved that the accounts Nn_ 002878 through Check No. 002902 - $85.3 - azza,nnz.00: rarr .90) in the amount of (Part I - Fees, Se 2.03; Check No. 02 heck No. 18093 thr approved as submit Seconded by Councilman Wiegert. H. UNFINISHED BUSINESS None. Ayes - all. Check No. 18225 - I. VISITOR PRESENTATIONS None. J. NEW BUSINESS 1. Exception - Residential Garage on Unimproved Street - Edgehill Road a. Acting Manager Blank presented the staff report recommending approval of an - 2 - 8/17 agreement to allow the applicant to construct a 26 by 24 foot garage on the subject property. b. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Barrett moved the Planning Commission recommend to the City Council the application be approved as recommended by the staff report and also: 1. This is a replacement of an existing garage; 2. Since this is an unusual situation, in that Edgehill Road cannot be con- structed; 3. Since there is record of agreement which runs with the property. Commissioner Ellefson seconded. Ayes - all." c. Mr. Rhyner Skoog, 2546 Bittersweet Lane, speaking for Grant Skoog, 1745 Edge - hill Road, spoke on behalf of his request. d. Mr. Robert Muck, Southlawn Drive, spoke against the proposal and stated his concerns of the conditions on the property. e. Mr. Al Hagstrom, Southlawn Drive, stated he is basically not against the garage proposal if it exhances the property. f. Mr. George Smith, Southlawn Drive, stated his concerns. g. Councilman Anderson move 1978 and for the attornev to .m until the meeting of Seconded by Mayor Greavu. Ayes - all. 2. Building and Site Plan Reviews: a. 223 Larpenteur Avenue 1. Acting Manager Blank presented the staff report recommending approval of the building and site plans. 2. Director of Community Development Olson presented the following Community Design Review Board recommendation: "Board Member Simkins moved the Community Design Review Board recommend to the City Council approval of the building and site review for the Sinclair Marketing Company at 223 E. Larpenteur Avenue as it is found to be in conformance with the Community Design Review Board ordinance subject to the following conditions: 1. The new curb cuts to be reviewed and approved by Ramsey County; 2. Cedar siding and fencing will receive wood sealer to maintain even weathering; 3. Relocate the two proposed planting beds along Larpenteur Avenue back to the north in line with the existing so salt and snow storage from the street will not affect them 4. No outside storage of merchandize or equipment will be allowed; 5. The exterior lighting shall be extinguished after business hours except for necessary security lighting; 6. Owner and applicant shall agree to the above in writing. - 3 - 8/17 Chairman Hoot seconded. Ayes all." 3. Mr. Ray Johnson, Sinclair Marketing, Inc., spoke on behalf of the proposal and stated he agrees with the conditions. 4. Councilman Wiegert moved to Sinc lair Station. 223 E. LarDen 1. The new curb cuts to be reviewed and approved by Ramsey County; 2. Cedar siding and fencing will receive wood sealer to maintain even weathering; 3. Relocate the two proposed planting beds along Larpenteur Avenue back to the north in line with the existing so salt and snow storage from the street will not affect them; 4. No outside storage of merchandise or equipment will be allowed after business hours; 5. The exterior lighting shall be extinguished after business hours except for necessary security lighting; 6. Owner and applicant shall agree to the above in writing. Seconded by Mayor Greavu. Ayes - all. b. 3109 White Bear Avenue - Restaurant 1. Acting Manager Blank presented the staff report recommending approval sub- ject to the following conditions: 1. The landscaping plan be revised to show three more columnar Norway Maple trees along the southerly lot line, the berms along the County Road D frontage be situated closer to each other with plantings pro- vided and setback from the intersection a distance of 50 feet to the west, and plantings provided adjacent to the building and drive up order window; 2. The trash enclosure shall have a gate over the opening to conceal the view of the dumpster; 3. The applicant shall provide the City with cash or cash escrow for land- scaping if it has not been installed at the time of occupancy; 4. The site plan shall be revised to provide for a landscaped on -site set- back area along White Bear Avenue and County Road D; 5. Owner and applicant agree to the above conditions in writing. 2. Director of Community Development Olson presented the following Community Design Review Board recommendation: "Board Member Simkins moved the Board recommend to the City Council approval of the proposal by Antler Corporation on the southwesterly corner of White Bear Avenue and County Road D as it is in conformance with the Community Design Review Board Ordinance subject to the following conditions: 1. The landscaping plan is approved as shown on the revised plan dated July 14, 1978 from Sieferts, Inc.; 2. The trash enclosure shall match the building material and have a gate over the opening to conceal the view of the dumpster; 3. The applicant shall provide the City with a bond for landscaping if it has not been installed prior to occupancy; 4. The site plan shall be revised to have a 10 foot green area inside the east property line by reducing the west driveway to 17 feet, the pick- up lane to 10 feet, the striping area to 3 feet and the rear parking - 4 - 8/17 stalls to 20 feet. Also add five feet green area inside the northerly property line by reducing the northerly driveway to 28 feet 9 inches; 5. Site lighting shall be lights directed down so as not to cause glare beyond the property line. Lights shall be extinguished after business hours except for security lighting as necessary; 6. New and revised curb cuts will need the approval of the County and City Engineers; 7. Owner and applicant shall agree to the above conditions in writing. Board Member Mueller seconded. Ayes all." 3. Acting Manager Blank stated he had received a communication from Arby's agreeing to the conditions. 4. Mr. Chet Nadler, representing Arby's, spoke on behalf of the proposal. He also stated they would provide signing for exit and entrance, 5. Councilman Anderson moved to approve the building and site plans for Arby's 3109 White Bear Avenue subject to the following conditions: 1. The landscaping plan is approved as shown on the revised plan dated July 14, 1978 from Sieferts, Inc.; 2. The trash enclosure shall match the building material and have a gate over the opening to conceal the view of the dumpster; 3. The applicant shall provide the City with a bond for landscaping if it has not been installed prior to occupancy; 4. The site plan shall be revised to have a 10 foot green area inside the east property line by reducing the west driveway to 17 feet, the pick- up lane to 10 feet, the striping area to 3 feet and the rear parking stalls to 20 feet. Also add five feet green area inside the northerly property line by reducing the northerly driveway to 28 feet 9 inches; 5. Site lighting shall be lights directed down so as not to cause glare beyond the property line. Lights shall be extinguished after business hours except for security lighting as necessary; 6. New and revised curb cuts will need the approval of the County and City Engineers; 7. Public Safety review of signing for entrances and exits; 8. Owner and applicant shall agree to the above conditions in writing. Seconded by Councilman Wiegert. Ayes - all. 3. Home Occupation Renewal - Ceramic School - 2091 Hazelwood Street a. Acting Manager Blank presented the staff report recommending approval for five years, subject to the following conditions: 1. Ceramics class students must park in the John Glenn Jr. High parking lot; 2. One five pound portable fire extinguisher shall be installed in the base- ment. b. Councilman Anderson moved to approve the renewal of the home occupation permit for ceramic school run by Mrs. Donna Mundox, 2091 Hazelwood Street as recommended in the staff report. Seconded by Councilman Wiegert. Ayes - all. 4. Gambling Permit Applications - 5 - 8/17 a. Acting Manager Blank presented three applications for gambling permits. Hill Murray High School is requesting a temporary permit for November 5, 1978. Trans- figuration Church has applied for a temporary permit for September 10, 1978. Loyal Order of Moose has applied for a yearly gambling permit to conduct paddle wheel, raffles and tipboards. Conditions of the ordinance have been met by all the organ- izations and it si recommended their applications be approved. b. Hill Murray High School Mayor Greavu moved that Hill Murray be issued a temporary gambling permit for November 5, 1978. Seconded by Councilman Wiegert. Ayes - all. c. Transfiguration Church Mayor Greavu moved that Transfirguation Church be issued a temporary gambling permit for September 10 1978. Seconded by Councilman Wiegert. Ayes - all. d. Loyal Order of Moose Mayor Greavu December 31, 1978. Seconded by Councilman Wiegert. Ayes - all. 5. Off Sale Liquor - Hours of Sale - Ordinance - First Reading board, raffle and et, effective until a. Acting Manager Blank stated the 1978 Minnesota State Legislature amended M.S.A. Section 340.14 to allow Off -Sale License holders located in first class cities or in cities within a 15 mile radius of a first class city to sell intoxicating liquor until 10:00 p.m. on Fridays. The retailers can now be open until 10:00 P.M. on Saturdays only. It is recommended the ordinance be amended to extend the hours of the sale of intoxicating liquors to 10:00 p.m. on Fridays. b. Mayor Greavu moved first reading of an ordinance to allow sale of intoxicating liquor (off -Sale) until 10:00 p.m. on Firdays. Seconded by Councilman Nelson. Ayes - all. 6. On -Sale - Wine License - Ordinance - First Reading a. Acting Manager Blank stated staff has received a reuqest for an On Sale Wine License. The City does not have such a license at the present time. On Sale Wine Licenses would not be included within the limit of 18 On Sale Intoxicating Liquor Licenses that is set for Maplewood. b. Councilman Wiegert moved first reading of an ordinan Wine License in the City of Maplewood. Seconded by Councilman Anderson. Ayes - all. 7. Street Addresses and Numbering Ordinance - First Reading establish an On Sale - 6 - 8/17 a. Acting Manager Blank presented a proposed ordinance which would provide for the City to establish addresses. It is recommended the ordinance be placed on first reading. b. Councilman Anderson moved first reading of an ordinance providing the City the authority to establish addresses. Seconded by Mayor Greavu. Ayes - all. 8. Second Hand Stores and Pawn Shops Ordinance - First Reading a. Acting Manager Blank stated that recently staff has had several cases called to its attention in which stolen used valuables were sold to a merchant in Maplewood. In investigating the cases involved, the officers experienced a great deal of difficulty due to the lack of accurate records on the part of the merchant involved. The necessary records are presently required in other communities. Staff proposes that the City Council enact a secondhand store and pawn shop ordin- ance to provide the necessary regulations at this time. b. Councilman Wiegert moved first reading of an ordinance to regulate secondhand stores and pawn shops. Seconded by Councilman Anderson. Ayes - all. 9. Over Night Street Parking - Ordinance - First Reading a. Acting Manager Blank stated for quite some time staff has been aware of certain hardship cases of a temporary nature involving the banning of on- street parking for more than two hours between 2 a.m, and 6 a.m. These hardships involve, among other things, residents with new driveways that cannot be driven on for up to two weeks, muddy driveways in the spring of the year, overnight out -of -town visitors, etc. In the present ordinance there is no provision for granting a temporary exception to these regulations, although, for many years this has been done informally by the Police Department. The liability to the City in the event of an accident of this method is obvious. At this time staff proposes an ordinance amendment be passed by the City Council authorizing the Director of Public Safety or his designee to grant up to two -week permits for exception to this parking regulation in hardship cases. b. Councilman Wiegert moved first reading of an ordinance to establish permits for temporary over night parking. Seconded by Mayor Greavu. Ayes - all. 10. Property Divisions a. Acting Manager Blank stated the following property divisions have been submitted for approval: Division No. 053427 - property at Cope Avenue and Birmingham Street - dividing seven lots into 2 parcels. 1st parcel - 4 lots and 2nd parcel - 3 lots. No loss of assessments. - 7 - 8/17 Division No. 053379 - County Road B - division necessary to divide property for the construction of Public Works facility. No change in assessments. Division No. 053514 - New Plat: DeMars 10th Addition - McMenemy Road and Desoto Street. b. Division No. 053427 Mayor Greavu introduced the following resolution and moved its adoption: 78 -8 -164 WHEREAS, pursuant to Resolution 64 -9 -222 and 66 -9 -266 of the City Council of Maplewood, adopted September 9, 1964 and September 15, 1966, the special assessments for the construction of Water Improvement 3 (1964) and Sewer and Water (1966) were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Water Improvement 3 (1964) and Sewer and Water (1966) against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. Seconded by Councilman Anderson. Ayes - all. C. Division No. 053379 Councilman Wiegert introduced the following resolution and moved its adoption 78 -8 -165 WHEREAS, pursuant to Resolution 70 -9 -133 of the City Council of Maplewood, adopted September 1, 1970, the special assessments for the construction of Water Improvement 69 -9 (1970) were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Water Improvement No. 69 -9 (1970) against the hereto- fore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. Seconded by Mayor Greavu. Ayes - all. d. Division No. 053154 Councilman Anderson introduced the following resolution and moved its adoption: - 8 - 8/17 WHEREAS, pursuant to Resolution 72 -1 -14 of the City Council of Maplewood, adopted January 13, 1972, the special assessments for the construction of Water Improvement 4A (1972) were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Water Improvement 4A (1972) against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. Seconded by Councilman Wiegert. Ayes - all. 11. Training Applications a. Acting Manager Blank presented training applications for Director of Community Development to attend a conference in New Orleans, La. and for Fire Marshal to attend the Fire Chiefs Conference at Cincinnati, Ohio. b. Councilman Anderson moved to approve the training applications for the Director of Communitv Development and for the Fire Marshal. Seconded by Councilman Wiegert. Ayes - all. 12. Transportation Study - Workshop Session a. Acting Manager Blank stated Barton, Aschman and Associates are currently work- ing on Task IV of the Transportation Study: Define study objectives, plan policies and facility standards. They have indicated that the study is at a point where Council input is desirable. It is recommended that a shirt - sleeve session be established for September 5, 7:30 p.m., at the Heritage Center. b. Mayor Greavu moved to establish a shirt sleeve session for September 6, 1978 at the Heritage House. Seconded by Councilman Wiegert. Ayes - all. 13. Certification of Election Judges a. Acting Manager Blank presented the anmes of the election judges for the Primary Election, September 12, 1978. Passage of the resolution approving the list is necessary. 78 -8 -167 RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 1978 State Primary Election, Tuesday, September 12, 1978: Precinct No. 1 Precinct No. 7 Eleanor Mathews, Chairman Margaret Wolszon, Chairman - 9 - 8/17 Vi Guttermann Mary Kansier Maryls Hartmann Betty Haas Mike Wasiluk Myrtle Malm Precinct No. 2 Pat Thompson, Chairman Bea Hendricks John Nichols Kathleen Dittel Evelyn Axdahl Precinct No. 8 Jean Myers, Chairman Audrey Ellis Lorraine Fischer Rita Frederickson Precinct No. 3 Barb Leiter, Chairman Doris Broady Royanne Goossen Millie Haugan Muriel Carlson Precinct No. 4 Caroline Warner, Chairman Marjory Tooley Elsie Wiegert Joyce Lipinski Precinct No. 5 Jeanne Hafner, Chairman Sibbie Sandquist Emma Klebe James Ball Phyllis Erickson Precinct No. 9 Ida Szczepanski, Chairman Mary Johnson June Munkholm Anna Hogan Delores Mallet Precinct No. 10 Anne Fosburgh, Chairman Lucille Cahanes Dorothy Arbore Pat Lindner Mary Lou Lieder Precinct No. 11 Delores Lofgren, Chairman Maxine Olson Sara Oleson Dolores Fitzgerald Jeanette Hage Precinct No. 6 and 6A Precinct No. 12 Marcella Molohon, Chairman Mary Libhardt, Chairman Kathy Zappa Audrey Duellman Lorraine O'Connell Sylvia Brown Delores Burke Deloris Fastner Jan Wilkins Karen Burton Seconded by Councilman Wiegert. Ayes - all. 14. Fire Marshal Benefits a. Acting Manager Blank stated on July 6 of this year, the Council granted the Fire Marshal a cost of living increase. At that time City Manager Miller indicated that he was still reviewing the fringe benefits for this position and would report back to you. In the past, the Fire Marshal's salary has been placed in line with the base salary of the Police Sergeant position. A staff team review of responsi- bility levels indicated that the Fire Marshal was, in fact, at a responsibility level equivalent to the Police Sergeant position. A review of fringe benefits of - 10 - 8/17 the two positions indicated that the Fire Marshal position received one less per- sonal holiday than did the Sergeant position. In addition, a Sergeant at the ser- vice level of the present Fire Marshal received $10.00 per month more in salary based upon longevity steps. Due to the similarity in responsibility level and a previous attempt to keep the salaries for these positions in line, it is recommended that the Fire Marshal be granted a $10.00 per month in lieu of longevity and one additional personal holiday. It is recommended that these benefits be retroactive to January 1, 1978. b. Councilman Anderson moved to approve the benefits as recommended in the staff rennrt for the Fire Marshal retroactive to January 1. 1978. Seconded by Councilman Wiegert. Ayes - all. 15. City Manager - Selection Process a. Mayor Greavu moved to table this item until August 31, 1978 meeting. Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilmen Anderson & Nelson. Nays - Councilman Wiegert. Motion carried. 16. Building Official a. Acting Manager Blank requested this item be tabled until the meeting of September 7, 1978. b. Councilman Wiegert moved to table this matter until the meeting of September 7, 1978. Seconded by Councilman Anderson. Ayes - all. K. COUNCIL PRESENTATIONS 1. Assessments Delayed to last item on the Agenda. 2. Mayor a. Councilman Anderson understood the Mayor to say that he did not vote for the water tower. b. Mayor stated he had not voted for the City to develop its own water system. 3. Street Sealing a. Councilman Wiegert stated the City had stopped street sealing because of the high cost. He requested staff to review to see if street sealing should be con- tinued. 4. Emergency Preparedness Director a. Mayor Greavu questioned the discontinuance of long term disability insurance for the Director of Emergency Preparedness. b. Staff will review. - 11 - 8/17 5. Sophia Street a. Mayor Greavu read a letter from residents on Sophia Street stating the conditions of the street. b. Staff will review. 1. Water Assessments (continued) a. Council discussed alternatives to financing the water tower. Consensus was to continue with the present assessments. L. ADMINISTRATIVE PRESENTATIONS None. ADJOURNMENT 11:07 P.M. City Clerk - 12 - 8/17 MINUTES OF MAPLEWOOD BOARD OF APPEALS AND ADJUSTMENTS 7*-30 P.M.,, Thursda Jul 6, 1978 Council Chambers, Municipal Buildin Meetin No. 78 A. CALL TO ORDER A meetin of the Maplewood Board of Appeals and Adjustments was held in the Council Chambers, Muni cipal Buildin and was called to order at 8:16 P.M. b Chairman Anderson. B* ROLL CALL Norman G. Anderson, Chairman Present Ro F. Fontaine Present John C. Greavu Present .Earl L. Nelson Present .Donald J. Wie Present C APPROVAL OF MINUTES 1. Minutes No. 78-5 (Ma 18, 1978) Chairman Anderson moved that the Minutes of Meetin No. 78-5 (Ma 18, 1978) be -approved as submitted.. Seconded b Councilman Wie A -® all, D. PUBLIC HEARING 1. Variance - Street Access - Searle Street - 7:45 P.M. a,, Chairman Anderson convened the meetin for a public hearin re the re of Mr. Richard Nelson to construct a sin famil dwellin on a lot w ithout a paved street frontin the propert Director of Communit Development 1 1 Olson read the notice of hearin alon with the dates of publication, b. Mana Miller presented the staff report with recommendation of approval sub to the followin conditions: 1. An g ara g e shall be located on the north side of the lot 2. A paved drive shall be provided from the end of Searle Street to the applicant's drivewa and shall be approved b the Cit En 3. The propert owner and applicant shall si an a to maintain the drivewa to Cit standards, includin snow plowin This a shall be recorded to run with the propert 4. Owner and applicant shall a to the above cond in writin C. The followin Communit Desi Review Board recommendation was g iven: "Commissioner Rossow moved the Plannin Commission recommend to the Board of Adjustments and Appeals approval of the re variance subject to the follow- in conditions: "M 1 - 7/6 M 1. An g ara g e shall be located on the north side of the lot -2. A paved drive shall be provided from the end of improved Searle Street to the applicant's drivewa and shall be approved b the Cit En 3. The propert owner and applicant shall si an a to maintain the drivewa to the Cit standards, includin snow plowin This a shall be recorded to run with the propert 4. Owner and applicant shall a t o the above conditions in writin Commissioner Sherburne seconded. A all." d. Chairman Anderson called for proponents. None were heard, e. Chairman Anderson called. for opponents. The followin were heard: Mr. Robert Kopp stated he and other nei are opposed. The do not want an fillin done on the propert f. Chairman Anderson closed the public hearin g . Councilman Fontaine moved to approve the re of Mr. Richard Nelson to construct a sin famil dwellin on an unimproved street (Searle Street) s ject to the followin conditions 1. An g ara g e shall be located on.the north side of the lot 2. A paved drive shall be provided from the end of 'improved Searle Street to the applicant's drivewa and shall .be approved b the Cit En 3. The propert owner and applicant shall si an a to maintain the drivewa to the Cit standards, includin snow plowin This a shall be recorded to run with the propert 4. Current pondin on the propert shall not be disturbed 5. Owner and applicant shall a to the above conditions in writin Seconded b Councilman Wile A all, E. ADJOURNMENT 8:23 P.M. Cit Clerk 2 7/6 i t o ......� MEM01"\A NDUM To : Mayor and City CO lI n C i l FROM: Acting Ci ty Manager SU13JECT : Lot Split and Lot Frontage Variance APPL1.CAINT: Mary Nepper LO CAT I ON: 1883 White Bear Avenue DATE: August 17, 1978 Re uest The applicant is requesting approval to divide a 100 foot lot into two 50 foot lots to permit the development of the proposed southerly lot with a single dwelling residence. Exist Lan Use. 1. The subject lot is developed with a single fami dwelling and garage on the northerly 50 feet. 2. The subject parcel measures 100 by 296 feet and has an area of 29 ,600 square feet. Prop 1. The proposed division would create two lots, each measuring 50 by 296 feet and each being 14,800 square feet in area. 2. Section 1005.010 (1) of the Platting Code states that, "the minimum lot dimensions in subdivisions designed for single family detached .dVIE?I ling developments shall be 75 feet wide at the established building setback line". 3. The applicant, therefore, is asking for a variance of 25 feet. 4. A letter of justification from the applicant is enclosed. Surrounding Land Use 1. The properties to the north, south and west are developed with single family dwellings. 2. The land to the east, across Whi Bear Avenue, is developed with the Ramsey County Hoene and Aldrich Arena. 3. There are eight 50 foot lots on White Bear Avenue, between Frost and Larpenteur Avenues, developed with single d w e l l i n g homes. Past Actions 1, on January 28, 1965 the, City Council held a hearing on rezoni ng the west side of White Gear Avenue between Frost Avenue and Larpenteur to LBC, Limited Business Comimercial and subsequently acted to deny any rezone at that time. 1 24 S race that time r el-.)eated cH sc:tissi ors s and meet.i rigs by tlre Counci 1 and Planning Canim i sS ion have occurred which have centered on the rezoning of this strip of l and along Whi te. Bear Avenue. 3. No portion of this strip has yet been rezoned. 4.. The main concern stopping any action is that of the need for a control access to the properties along the westerly side of White Bear Avenue. P1 an n g C;onsi de rati on s 1. The Comprehensive Plan has designated this property to develop with the adjacent lots on White Bear Avenue, as a long, strip LSC, Limited Service Commercial Center. 2. The LSC land use plan classification recognizes that a wide range of commercialized service activities exist and are desired which Should be limited as to location, function, mix and quantity. Further, such centers should be planned and developed m under perforance standard techniques which are designed to more closely integrate such cols ii - n erci al activities into the land use pattern in such a manner that concern is given to the overall environmental impact of such activities to surrounding and adjacent land use. 3. The subject parcel is zoned R-1, Single Dw *el l i ng Residential. 4. , The applicant's proposal is not consistent with the Land Use Plan. The use would be consistent �gith the existing .zoning. Pu W orks C Water and sanitary sewer are available to the proposed southerly lot. Anal ' ys�s The proposed residential use does not conform with the Ci ty'.s Land Use Plan designation. What must be determined is whether or not t City wants the westerly si de of White Bear Avenue, between Frost and Larpenteur Avenues,, to develop as a commerci strip according to the Plan or remain residential . Presently, the only exception to the residential nature of this strip is Hejny Rental. Staff feels that the City Council should not approve this lot split and variance if the long range intent is to develop this strip as commercial land. Also , as pre- vious rcgt ests for rezoning this strip indicate, the property owners along White Bear Avenue are anxious for this area to go com! al If there was an existing substandard lot, staff would recommend approval s i it would already have been platted for residential use. To create a substandard lot for a use contrary to the Plan would be counter productive. Staff has some concern as to whether the Land Use Plan designation is realistic. Council may wish to refer the question of the present LSC Land Use designation to the Planni Commission for review. One suggestion that the Planning Commission may want to consider is leaving the south half of the commercial strip as LSC and- changing the north half to residential. If the Plan were to be amended for a residential use, Staff would then recommend approval for the 50 foot lot and a single dwelling residence, based on conformance to the existing development pattern along 14hi to Bear Avenue. Lots having 50 foot frontages are common along this stretch of White Bear Avenue. 2 . . ` A point to consider is that in approving this variance and lot division, a prucedent would h� soL for upproving similar reqpests ulong White Dear Avonue^ It is important that the City ocmxzs to u' consensus as to the proper ]and use for this property and then seek to implement ft. - . ReconmenduL1on ' Denial of the proposed lot Split and variance on the basis that it is not consistent with the City's Land Use Plan and would set a precedent for simflar splits along White Bear Avenue. This recommendation is baSed on the assumption that if th e Land Use Plan were to be changed, this application could be reconsidered. ' ' U Action by ConmolI:1 E ndor sed_____~_�� �o����e�_____-� Roieote�______� U Dat � . '. -~ MAN AV C, K 0 I i 1, 1,1 A 14 A VP KOHL Lk It If 10A0 _ t f Y c > 1 LIJ LL I > ' tJ `3 I ll • G: .S tI1 _l � - ,. 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E 2 '�� ..3 6 � u t L � . ay.. ,p- � � �... ..�,. i t• �..,� f � 1 .y.3 f� Jul 14., 1978 0 14aplcwood Cit Council Maplewood, 1111114 contleme 11: -i * in#-, lot just south ricnce involv a Tt, is letter is a re for n va n 0 I-* of Mrs Lil Bear Ave, on behal .lian Clif.-L'ord of of 1883 "hitcz' i Bear �'ve in Maplewood. We S�),OcificallY r6q"Ost that .1833 la te L t I i e% I , ot i -n q ue s tion). (50 f Y, 296 be declared buildable. . -1 1- Mrs Li1l3*_kt,_,1%n Clifford is an 81 Y O,-Ir c1d. ri-E;-si'dent of Plapiewood. �Dlla has IJ]Lved 1�erc f(D-r -about h.0 7,re,-r_),r.s and ho-pes to continue to do so C f02--' CIS MIC".4rly 1111 o 1.,, rC:J, r e -a i *, s a- s h oc i s i b 1 e U" n f o r t u n 11, 'L,; e, 1 Y r lifLford was ItUdowed a few vc-ars "Dack, and she has beco-Fie more It- has becone. so diff I*- crippled wi uLn ai- hrit. s in recent y ears. cult 'fo-L-) Ler to h et around that sloe must hire tne y ard vivork. clone; b ot',lers, and , t h 1. s ha s. be coi,,ie ver e Xp ens ive for her on ca) l imite d income part ical 1 alql since it invol ve s lots s each moo' x 296 to Mrs Cli-i"ford has asked us, as ar-ents in thi.e sale of her propert to present. this a), peal to the 11.1naplewoo n Cit "oucil. S : ' Lnee her arthritis is so severe, it t,,,To-.J1d be an e1 Cr n ards�iip for her to personall make this appeal. Mrs Clifford's reasons for wCantinc- to sell her extra rG x 29 .1 o t C3 include th-e. f olloti-in C) 1. She t.,lould lilfr..c to be relieved of the burden and expense of maintain this propert 2. She would, however, lilce to sell it to someone w`io would build on the lot, because t' -iis woula"L insul.-,e, as much as ible -jed in an ade possi that th lot would be maintaii manner, If the propert were sold as not bein buildablev the 3* CD q uestion of m1aintaining the lot b a non -re sidont owner becomes a 1"actor 1 r Clifford could. certainl use the rione derived from the salo of this propert since slae ho been pa taxes on it all th..A. S time. Grantin a variance to build on this lot would be in accordance with the spirit of the law because: The lot woos buildable at the time of .'Jurchase, 11e under- st,,-jnd tl3at it vvlasl, onl tho f inancial difficulties of the -i c qt 'a I owner/builder teat -lowed this 3 o to be, loft unbuilt CAnd rl bla b the Cliffordo, 2. The lot is well in excess of the :,-riinimum r_1 Uarc foota re b the (.1'*it of 1 -11aple, woo at ll � foot, 77 9 a A now ho d o si. �. �.- cl. s p o c i f z o a 11y f a l ot such �j 's t� n would c�c; , t�� .��:I� i �.�il c_:o ��21r t�� . A.�l�oa� it�� � o rauxlr,c.. € t u:"�.i te. viorc; reve for the mdn2ciptolity than witla its pro�ent sttltus. �. Ma other 1 s in tla.e i m.rrie dia t,e ne ighbor'1ood are balUt on 50 Foot lots. He trust that the I tY C c 1 tv 11 . full cony. ;id.erat .on to the c to nuat nt c I r c uria s t a n c e s of this a;:)pca1� Sincerely yours 14ar Ne 1` per / Burnet Realty V 1 K ar e n Ruff / Bu. - ..net Realtor L111ian Clifford / / p If there are any questions, please- _contact either Mary Nepper or Karen Ruff at 11 .26 - 71 11FIMoRANDU11 TO: Mayor and Ci ty Counci 1 FROM: City Manager SI.J(3J[CT: Variance - Side yard setback AP 1 Ll CANT: Janes Warnecke LOCATION: 117 Kingston Avenue DATE: July 24, 1978 Re quest- The applicant i cant i s requesting approval of a garage setback variance for an existing pp garage. Proposal 1 . The a p p l i c a n t ' s property ro erty i s irregular in shape It has 100 feet of frontage, an average depth of 138.94 feet, and a rear lot line which measures 48.78 feet (see riap). 2, The . total square footage of the The total structure measures 14 as a workshop and storage area, 3. The subject garage addition was of 1977. 4. The garage addition was cons tru garage plus the addition is 502 square feet. feet, by 43 feet. The addition is being Used built without a building permit in the Spring cted 1 foot, 8 inches, from the side lot line. 5. Code requires a minimum setback of five feet. The applicant, therefore, needs Is a variance of three feet. Planning Considerations. a 10 The subject parcel is zoned R1, Single dwelling residential. 2. The Plan for Maplewood designates that thi s area shat l level op as R1 , l ow density residential. 3. Section 094.050 of the Maplewood Zoning Code,states that "Each lot shall have two side yards, one on each side of the building. For every building erected or structurally altered, each side yard shall have a width of not less than five feet (5 ft.)." Side yard shall mean the di stance from the side lot line to the nearest portion of the building. 4. Section 462.357 subdivision 6 (2) of the Minnesota State Statutes states that the Board of Adjustments and Appeals has the following powers: "To hear re- q uests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circum- stances unique to the individual property under consideration, and to grant Such variances only when it is demonstrated that such actions will be in keep- ing with the spirit and intent of the ordinance". f Surroun i i-D De v e lop i-ient . The 1 and sure ~oundi ng the subject lot i s level oped Sri th si ngl e farm ly d��rel l i ngs , except for a double bungal OW on the southeast corner of Kingston Avenue and Jackson Street. Justifi 1. The applicant has indicated that it would cost much ti and rioney to remove the garage addition (see enclosed letter) . 2. The applicant has also indicated that the neighbor's garage is less than 4 feet from the coif - imon side lot li 3. Upon staff's investigation, the neighbor's garage measured 4 feet from the fence which divides the t,­ o lots. The fence is presumed by the Applicant. to be o.n the lot line. There is no survey however, to verify this. 4. A building permit k,-,las issued for file neighbor's garage in July, l 974. The setback of this garage was shown on the site plan to be five feet. Anal vsis This i.s a difficult case, because denying the variance means that the applicant must remove part of an existing garage. Staff. would not recommend such an, action if the adjacent property owner was not objecting. This is not the situation though. This case 4-Ias brought to staff's attention by the adjacent property owner, H e has a right to expert the standards of the Zoning ordinance to be met. I t . i s unfortunate that the adjacent property oviner did not call us during con- struction, rather than after. Granting this variance would set a precedent in granting variances for similar illegal, non - conformi structures. The homeoviner or contractor must take responsibility for his actions. This is a parti cul ari ly undesirable variance to the adjacent property oviner, because the rear of hi s house overlooks the garage addition. Recol,imendation Denial of the proposed variance on the basis that I Approval would set a precedent in granti variances for similar illegal , non - conforming structures. 2. The variance does not meet "the spirit and intent of the ordinance" Acti011 by Coullcil: ocZif df , o� c t t, c3 4 ' T11 �__ ,1' P 7 11 ­ � f'. "l ( (�f `rT' Z__ *771k) loc- Til 7/YA i i i I i I I i i i a ... _.. __ _ (. , ...- ,...<..__.w__._........... .. _ _.___a_ .._..... _...a. -. .. _.- ._.. w.....w�.r..___... __ ... ....._.__.•._ __•_•...._..- ...._... ._�.w_.... -. ..-__. __. .r . .. r ..._ ... .. ..... . ,_.- ._w..,... _.._.. _ _.... .. nw. ...,��.._._-.w_._ .... .,.._ w.r_._�.,.r..__r - -.... ... .... __.__..r- •..-n._ -. _..n_. _.[..._...... _ n.__.._.... ._.. _.- �_._._n__... _.__ ... _. .... .. .. ._. _...- .- ..- _.._... S I S L4 0 Ic 0 LAR*Yi cr LITTLE CANADA A UIR ]1� R 0. L --- 0 -- , jl;� �� �, C -z r LU Z�w A D COUNTY Lr zI V) EL D R I D G E • dy �2 c A- 6 _ i� ,�SKfj I N1 AV E. li t -J± T uj tr L MT VERNON AVE. Li D OW NS v E . h It r 2 0 h AO LLJ < ROSELAW AV E. a- L U70 0 D AV. 0 [� :iE L LWOOD AVE. A try. J 1 r SUWAER AVC.-d z FEN I ON I L L AV Q S ir RfPLEY AV } Cyr c - I w - { cn { ! 1 V F-• Z c LKl N TO -,: I KING w�L L I F1 z LU L J, 1CF JAMES WARNECKE ETiTI0-NER VARIANCE - SIDE YARD SETBACK . E-S- T . . ° .. N ' . ' JAMES WARNECKE . � ETITIONER ' VARIANCE _ SIDE YARD SETBACK EQUEST JULY 245 1978 DATE o,4 A. E� j . _ -- -- i --~- - - -- ' - - -- -- --- - -- - ---' - '--�---' -'' -- - ---' --- A ;1' +a f No Sc.a�e- . I 10 0 s IAT Y 24, C 1978 D . o c C L E �1 �� �'.�+,� � `✓ • alt TO Ma and Cit Council- FROM Actin Cit Mana SUBJECT: Off Sale Li (Hours of Sale Ordinance (First Readin (A Item J-5) DATE Au 14, 1978 The 1978 Minnesota State Le amended M.S.A. Section 340.14 to allow Off-Sale license holders located in first class cities or in cities within a 15 mile radius of a first class cit to sell intoxicatin li until 10:00 P.M. on Frida The retailers can now be open until 10:00 P.M. on Saturda onl We have received several re to amend Maplewood's Ordinance to allow the chan It is recommended the ordinance be amended to extend the hours of intox- icatin li to 10:00 P.M. on Frida The Director of Public Safet has reviewed the proposal and is in a Y � Action by 0ounc.111-. Endorsed—_­.. Modif Rejected—.-----,. D at e k.t 0 t Delta Li Jul 20, 1978 To Cit Cit of 111a A. Dear Council: The* 1978 I/IinTlesota Le arinjended Iillinnesota Statutes Section 340814, to allow off-sale licensees located. in first-class cities or in cities within a 15-mile radius of a first-class ci'L to sell intox*lcatin li until 10:00 p.m. on Frida This state law will take effect on Au 1, 1978. I respectfull re that the Cit Council, at its next re meet-ino,, consi-d-er th-C., adoption of an ordinance to amend t�e Cit* tD Y Code to conform with this new state law. v -torn. 0 cou ncsl ............... ...... ....... .......... .... ........ C;O' � 11. Do ncc V)jf. C) r C." c a 1pob. ,(. I C) f per. - v DUD. C) � I C i\w of vance 0 Ver trul y ours '/� fi Ra Streeter T., President Delta Li Inc. TO. Ma and Cit Council FROM Actin Cit Mana SUBJECT: On Sale Wine. License - Proposed Ordin (A Item J-6) DATE Au lLt, 1978 Staff has received a re for an On Sale Wine License. The Cit does not have such a license at the present time. On Sale Wine Licenses would not be included' within the limit of 18 On Sale Intoxicatin Li Licenses that is set for Maplewood. The Director of Public Safet has reviewed the attached. proposed ordinance and a with the recommendation of adoptin such provision. Ai 0 t i n b C o ,, �j R e j e 0 t e Dat e,-,"...,..,. G• a ORDINANCE NO. NCE AMEN ' NG THE �SAPLEWOOD CODE BY -AN ORDINA �.� . �, � ON-SALE WINE LICENSE ADDING THERETO CHAPTER 70 7 CONCERNING O THE COUNCIL OF ln� CI TY OF DVPl vVWD DOES HE `' By OPDAIN AS': I"OWS e is .hereby hereb adopted in its enti rety Sect ion 1. Chapter 707 of the plew Y follows ' cle the following words �� 010. DEFINITIONS. For the purposes of this arts 70 7 . reS respectivel ascribed to � - phrases shall have the r�anings Y • . Licenses authorizing the sale of wine C1n•�Sa 1e wine l�.c�nse . n for �nsun�t�.o of exceed f outeen (l4) per cent alcohol. by v.olune , g n on the licensed prendses only and In conj unction wi th the sale of f ood s • der the control of a single Restaurant : An establ�. t �n for serving ra p roprietor or rr.r�.ger d having appropriate facilities er P P than twenty --dive (25) guests at one meals and seating not fewer ty s are • consideration o f payment therefor, n al t and where in public, and which ar l served at tables to the general.. p� , re gularly toys an adequate staff to proms -d e usual and suitable Service to its guests.. • Marl available seating acco tions Seat.ing . one uesual and reg�. Y se of for guests of the establi t the to sit at tables for p� eating n . Holders of "on wine --sale wi licenses" shall at HOURS OF oPERATIUN • � o sale ions u n the hours of operation :.)bserve the following restrictions ct 0 . M. on ,tray nor J de after 1:00 a . m • on Sunday , nor until $ , 0 a ... x _ shall be n • on the day of any statewide or city ven the hours of 1: 0 0 a . m. and 8:00 Q 0 p .m. Y No on-sale of wine shall be ra de between the hour's of 1:00 a.m. and .e {���ction . t 00 a.m. Nbnday through Saturdays sales or manufacturers to the extent �' 0 7.0 30 . RE�t.1I��D • No person except whole and except those ? p th license, except the nTL=cl.pal liquor dispensary . ire accord.a��ce with section throu orized under state vin an on --sale intoxicating liquor license g sell or keep for sale any wine without s�lza.l l directly or indirectly deal ix�. , rst having a license to do so as provided for in this division. ` e licenses shall be issued only to T�N "707.040. zSSCCE RESTRI��D. On. --sale • .s ants r eetin the ' re..r ants of this clivs. s ion . stout g "707.050. NUYBER UNLImITED. The number of on --sale wine. licenses which may be -.sued under this article shall be unlimited. �;�I��TS . The provisions of . _ lf 7 0 7. 0 6 0. P � URNS AND REQ�I s e s d. by the pro • control and gove u,�n.ce o f 1 �cen ..... . . 6 a this chapter shall the i s s - sections s �.orz s of this division with the exception of ich shall not be applicable hereto* ;1707.070. LICENSE F=S* The annual license fee for an on-sale wine license shall - be bas upon the seatin capacit of the establishnP nt. to. It be licensed. Those fees shall be as follows: (a) Seating capacit of twent '(25) persons 500,00 (b) Seatin capacit of over twent (25) persons . 0 0 p • 0 * 0 6 0 • • 0 a OP a • 0 a & 0 9 0 * W 40 0 0 "" 500.00 Plus, for each ten (10) persons capacity in excess of twent (25) persons, or fraction thereof. 100.00 ( c ) Maximn fee re 0000 wee 0*000 *woo 00000 2000.00 Provided, however, that no fee char under the provisions of this section shall b e more than one-half that char under section ( 2) The annual license fee shall be paid in full before the application for a license i accepted. All fees shall be paid into the g eneral fund of the cit Upon rejection of an application for a license, or upon withdrawal of an application before approval of the issuance b the cit council, the license fee shall be refunded to the applicant. .(3) The fee for an on-sale wine license g ranted after the coNmnce- nent of the license y ear shall be prorated on.. a dail basis. (4) when the license .is for a premises where the building is not a read for occupanc the time fixed for computation of the license fee for the initial license period shall be ninet (90) da after approval of the license b the cit council or upon the date the buildin is read for occupanc whichever is sooner. (5) No part of the fee paid for an license issued under this division shall be refunded except in the follawin instances upon application to the council within thirt (30) da from the happenin of the event. The council ma in its j ud. refund a pro rata portion of the fee for the unexpired period of the license, computed on a monthl basis, when operation of I the licensed business ceases not less than one month before expiration of the license because of (a) Destruction or daira of the licensed premises b fire or other catastrophe* (b) The licensee's illness* (c) The licensee ls'death. (d) A chan in the le status of the mmicipalit making it unlawful for a licensed business to continue. (6) Wbere a new application is filed as a result Of incorporation b an existin licensee and the ownership control and interest in the license are unchan no additional license fee will be required. 0 a i . "707.080, EXPIRATION All licenses issued under the provisions of this division shall expire on the Last day of December of each year,, Section 2. This Ordinance shall take effect upon its passage and publication according to law. Passed by the Council of the City of Maplewood this day of 1978. Mayor Attest: City Clerk - TO Mayor and City Council FROM Acting City Manager SUBJECT . Street • - reet Addresses and Numbering ( Proposed Ordinance) (Agenda Item J -7) DATE August 14, 1978 During a lawsuit against the City, it was found that our ordinances regarding street addresses and numbering did not have the provisions needed to allow the City to establish addresseso Attached is a proposed ordinance which will remedy that situation. Adw Action by Council. Endorsed 1.1odi-fipd --.� ej ��td I ii F � 1 � N• A L4 V 7 PROPOSED DR A P4.r OF CHAP` UM 504: ST ET ADDRESSES M-D NLMERINC, 504.010, Re It. shall be the dut of the owner, a lessor or occupal-it of every house ' , . buildin or penna-nent structure .(except barns, private g ara g es and other buildin or structures used in connection with buildin or penm- - nent structures havin a street- or buildin , in the cit to place a house- or buildin as herein provided, over or near the nain front door or entrance of ever such house, buildin or Pernunent. structure xn such a 1 --)osition that said numbers can be plainl and clearl read and distin from the adjoinin street, 504,020. Specifications. Buildin or house - numbers shall be no smaller than three and one-half (3-1/2) inches and no lar than twelve (12) inches hi and shall be either painted or made of mtal, g lass, *oorcelain or other substantial and durable materials. 504.030. Numbers for old buildin Buildin shall be placed upon all houses, buildin and structures, within sixty (60) da after the a,--ners, a lessors or occupants thereof have been notified b the cit to appl for such buildin numbers and submit proof of the aqnership, of their said respective pre-m* ses. or the ri of occupanc thereof, and also -file a correct le description -of same with the cit Such notice ma be g iven orall or b telephone Ma-11, publication or postin in tl-)xee (3)' public places in'the cit upon bein satisfied as to the 1(ycation, boundaries and ownership o.- an such premises, the cit shall issue and deliver a certificate to such persons, sha,v.in both the description of said propert and the number assi thereto, 504,040. Numbers for new buildin Upon exhibitin a proper buildin permit for an buildin • or perTnanent structure hereafter constructed in the cit and submittin s proof of crAmership thereof to the -cit clerk, and filin a correct le descrip- tion of same in his of fice said clerk shall issue and deliver to the ovmer ;of said prcndses, or his a an official certificate shcrwin the descrip- tion of the propert and the nine assi the root . 504.050. Expense, No fee shall be char for assi certif or issuin said numbers for buildin or other structures.. but the expense of wakin purchasin and affixLnq the actual numbers to an builcl�ii or structure. shall be borne b the owner thereof or other applicant w a 504.060. ,appeal to council. . The City Clerk is hereby authorized to assign and issue numbers f or houses and other structures, but in case of any error, dispute or dissatisfaction, any council member or any person interested may informally present said matter to the city council for adjustment and correction, and its decision shall be final. 504.070. Maps for vacated or unplatted lands s No building- or house --- number shall be issued for any unplatted land, : vacated plat or fractional part of any platted lot or block, unless the applicant shall, co-- incident with his application therefor, file in the. office of the city clerk, an accurrate map, blueprint, drawing or design, showing the boundary Lines and exact measurement of the land for' which a building- number is sought, together with the legal description thereof, and the names of the streets, roadways or highways abutting upon said ' premises. f ... P. ,,, r1 ... �`fl 9 � . �'I� , nRSf v �:. � y . -•.�, 'YM� a+n,•., �. ... e. •r.•.+¢ «.'4.<.a' ?: r...v,Yj T' - . q' oY Jt"iS.TTwn�,iP.wtrt'A •�!'•l xb..r+.�. ��-0a. •.. +�Cl. 1•;r.4M7+w�N -i e- ,.t - y.4x'�aA ',V.T.!. ... ..* �• w! rw^+�►.:- tr....•.•n+ +:��.-„� »„w .s as7�e?•C".y .. . a ....�r +,R..�.. .. "ro°'i-:r. .r ... ..,.�ar•�r - - .� w�.. =,v.�a max. .+r:.. ",�^f .. �� . "j' , �'!�'"",'�w , y r' 1 • s . 14� i s TO : Mayor and City Council FROM : Acting City Manager SUBJECT: Second Hand Store and Pawn Shop Ordinance (First Reading) DATE August 14,1978 Recently, Staff has had several called to its attention in which stolen used valuables were sold to a merchant in Maplewood. In investi- gating the cases involved, the officers experienced a great deal of difficulty due to the lace of accurate records on the part of the merchant involved. The necessary records are presently required in other communities . staff proposes that the City Council enact a secondhand store and pawn shop ordinance to provide the necessary regulations at this time. A ctl by C Endorsed.... I4o dified.. . Re j e cted..--�--� Date ORDINANCE NO. 844.000 AN ORDINANCE PRIDING MR THE REGULATION OF PAWNBROKERS AND DEALERS IN SECONDI-UM GOODS The Council of the City of Maplewood does hereb ordain as follows: 844.010 PAWNBROKERS (a) No person shall exercise, carr on or en in the trade or business of pawnbroker within the Cit of Maplewood without first havin obtained a license to do so in conforrance with the provisions of this chapter. (b) For` purposes of this ordinance, a pawnbroker'is a person who loans mne on deposit or pled of personal propert or other valuable thin or.who deals in the purchasin of personal property or other valuable thin on condition of sellin the sari back a at a stipulated price, or who loans mone secured b chattel mort on personal propert takin possession of the propert or an part thereof so mrt (c) The annual license fee for a pawnbroker's license shall be $ • (d) Before such person shall be licensed to conduct such pawnbrokers business in said cit application therefore mist be Trade to the City Clerk. A cop of the application for such license shall be delivered t-6 the Chief of Police or an officer dul detailed b him for such purpo se who shall investi the applicant and report the results of such investi to the Chief of Police, who , shall rrake a, reconrrenda- tion for the approval or disapproval of such application to said Cit Clerk; provided, however, that no person shall be licensed hereunder who has been convicted of havin received stolen g oods or of an .infraction of the terms and provisions of this section or of an of the ordinances of the Cit of Maplewood re the business of pawnbrokerin provided further, that in den an license hereunder based upon such conviction, the Cit Clerk shall follow the procedures in these chapters and in Minnesota Laws, 1974, Chapter 298. (e) Bond. Before an person shall be licensed as a pawnbroker, such applicant shall file a bond in the sum of Two Thousand ($2,000.00) Dollars With a dul licensed suret compan as suret ther such suret bond to be approved b the Cit Clerk and said bond to be approved as to form and execution b the 'Cit Attorne a condition of said bond shall be that such licensee shall observe the ordinances of said Cit in relation to the business of pawnbroker and that such licensee will conduct said business in con fonnit therewith, and will account for and deliver to an person le entitled thereto any g oods, wares or merchandise , article or thin which ma have come into the possession of such licencee as pawnbroker or in lieu thereof .such licensee shall pa in mone to such person or persons the reasonable:, value '-.theredf (f) Records (1) Le-d Ever person licensed under the terms hereof shall keep a led ed in which shall be le written in ink at the tines of each loan or purchase, an accurate account or description in the En lan of the g oods,, articles or other thin deposited, left, sold or purchased or.pled or pawned, the amunt of mone loaned upon o r pled therefore, the tines of the receipt of the same,, the nary ., residencer and a reasonabl accurate ph description of the person pawnin pled sellin leavin or depositin the same, and if the article be a watch or other g oods of g old or silver manufacture., the nunber or numbers written, stau in ssed or 'en thereto, to with the narre of the manufacturer of the sam, if such name is placE an position or in an wa upon such g oods or article ,.and such entr as above described shall be re numbered and the led in this section referred to shall be known as Led No. 1 and shall be at all reasonabl tims open to the inspection of an me-rrber of the Police Department of the Cit of YkapleTv d.. (2) Receipt Book. Ever person licensed under the terms hereof 4 shall deliver to the person paw= pled sellin leavin or depositin an g oods, articles or thin a certi ficate number to correspond with the entr in Led No. 1, which said certificate shall contain the substance of such entr (3) Led No. 2. Each person licensed under the term hereof shall keep a led to be called Led No. 2, wherein shall be entered an accurate and correct account of all sales of g oods, articles or thin sold or disposed of b which ma have ori been deposited, left with or sold to or purchased b or pled or pawned to him, wherein shall be narked upon properl numbered entr to with a proper reference to the ori transaction as entered in Led No. 1, and the correspondin number of the entr in Led No. 1 an account of such sale, with the date thereof and the amunt for which such article was ori purchased, .or which was ori loaned thereon, and interest and char and the amount for w hich the same was sold and the led in this section referred to shall be at all reasonable times open to the* inspection of an member of the Police Departn nt of the Cit of Maplewood. W! ( 4 ) Reports.to Police. Each-person li censed under the terms hereof shall crake out and deliver to the Chief of Police ever da be-fore the hour of twelve noon, a le p.correct and complete cop from each of the led hereinbefore re and a true and correct account of all personal propert or other valuables received or deposited or purchased Or Pledged or pawned as indicated in Led No, 1, or sold or otherwise disposed of as indicat in Led No. 2, durin the preceding da and said report and description shall be si by the person g ivin g it to the.Chief of Police, and shall be delivered in person b the person nakin said report to said Chief of Police or to an officer dul detailed b said Chief of Pol 'Ice for such purposes when the same is re b saia*' Chief of Police. Provided.. however., that no person shall be re to furnish such descriptions of an propert purchased from manufactu-rers, and wholesale dealers havin an cekta'blished Place of business. or of an g oods purchased at an open sale from any bankrupt stock,, or from an other person doin business and having an established place of business, but an g 6ods in this proviso referred to nest be accon-panied b a bill of sale or other evidence of open or le- purchase, and rmist be shown to the Chief of Police, or an next r of the police departnMt, when so demanded. (5) 90-da Redemption Period. An person pled pawnin or depositin an article for securit shall have ninet (90) da from, the: date when the loan or pled be due and pa to redeem the san-P, before the same beeicomes forfeitable. (6) No personal propert on deposit with an person licensed under the terms hereof., nor propert purchased b or sold to or in an other wa CO' =* g into the possession and under the control of an licensee hereunder in the due course of said business shall be permitted to be redeemed frcm the place of business of such licensee for a period of sevent (72) hours., nor shall such propert be sold within ten (10) da after the cop and statenent re to be delivered to the Director shall have been delivered as hereinbefore re (7) Police Restrictions on Sale. Whenever the Chief of Police shall notif an licensee hereunder not to sell or permit to be redeemed an g oods or articles received on deposit or purchased b such icensee, such g oods or articles shall not be permitted to be redeemed, nor shall the same be sold until such time as m be determined b the Chief of Police provided that such tune shall in no case exceed the period of six (6) months from the date of such notification. -m3- (8) No person shall hereafter eyd-iibit or 1wintain an si ' usuall known as a pawnbroker' s si or in any mam-ier advertise to loan mone on deposit or pled of personal -propert or other valuable thin without first havin obtained a license as provi ded herein, and non-compliance with the termsof this section will be prim facie evidence of the fact that a pawnbroker's business is bein prosecuted and carried on. (9) Report of Stolen or Lost Cbods. If an g oods,, articles or thin shall be advertised in an public newspaper as havin been Lost or stolen, and such g oods, articles or things shall be, or shall thereafter come into the possession of an licensee under the terns hereof, said licensee shall, upon actual notice hereof, invediatel thereafter, as a supplem-ent to said licensee's dail report for that da to the Chief of Police g ive information in writin that certain g oods, articles or thin advertised are in said licensee Is -possession and shall not thereafter dispose of the sane except upon written authorit so to do from the Chief of Police (1)) An person li under this Ordinance shall inmd-latel report to the Maplewood Police Departmnt an atteirpt to sell,, trade or barter an merchandise with a serial nunber that has been removed,, altered,, obliterated or otherwise defaced accordin to Minnesota State Statutes, ( Hours, Juveniles. No person licensed under the terns hereof shall keep his office or store open for-the transaction of business on an da of the week before seven o'clock in the nornin nor after ten o'.clock in the evenin nor shall an person licensed under the terms hereof purchase or receive personal propert of an nature on deposit or pled from an juvenile, as defined b lawV (h) Inspection. An person licensed under the provisions of this section shall, at all tines durin the term of said license, allow the officers of the Maplewcod, Police Departnent to enter the premises where said licensee is carr on such business, for the purpose of inspectin such premises and inspectin the g oods, wares and merchandise therein for the purpose of locatin g oods suspected or alle to have been stolen or otherwise inproperl disposed. of . (2) All g oods, wares or merchandise comin into the possession of an licensee under the terms hereof shall at all tines be open to the inspection and ri of examination of an person clailln g to have been the owner thereof, or claimin to have had any interest therein,, when such person is accompanied b a police officer of the Cit of Maplewood nor shall an licensee under the term hereof hide, conceal or stow awa an article in his possession from an mirber of the Police Departmnt of the Cit of Maplewood -4- 844.020 D=-, RS IN SECONDHAND GXDS (a) No person shall exercise., carr on or be en in the business of bu and sellin of second hand g oods of an kind in the Cit of Maplewood without a license; provided, however, that persons so doin at an exhibition licensed under subsection (a) (3) are exerr (2) No person shall exercise, carr on or be en in the business of bu and sellin anti of an kind in -Maplewood without a license provided however, that persons so doin at an exhibition licensed under subsection (a) (3) are exe . (3) No person shall have or hold an exhibition , convention , show or exposition of secondhand g oods or anti lastin more than three da in duration, in Maplewood without a license, .(4.) This section shall not appl to an person en in the business of dealin in secondha-,�,d motor vehicles nor to an person, firm or corporation ' en in the business of dealin in secondhand parts for mot vehicles nor to an person, firm or coi--poration takin g oods and n-p-rchandise as part or full. pa for new g oods and merchandise. Nor shall this section appl to or include the business of bu sellin or shippin in wholesale lots an scrap iron, used mtal, or dismantled rotor vehicles in the course of reprocessin or transformin such materials into forms, conditions or substances re for the use of such materials in smelters, foundries or other reprocessin plants . except that a special permit shall be re for the location of an such business, (b) The annual license fee for a dealer in secondhand g oods as set forti-1 in subsections (a) (1) , (a) (2) and (a) (3) is (c) (1) The application for a license under subsection (a) (3) shall contain the nam and address of the person or persons who will be responsible for the conduct and mana of the exhibition., convention, show or exposition, the names and addresses of all persons exhibitin or showin secondhand g oods or anti at such exhibition, convention show or exposition, and the dates, time and place durin which such exhibition, convention, show or exposition will be held, (2) The applicant for a license under subsection (a) (3) shall file with the Cit Clerk a bond in the sum of Five Thousand ($5,000.00) Dollars with a suret compan dul licensed to do business in the State of minnesota and said bond to be approved as to form and execution b the Cit Attorne conditioned that the person or persons exhibitin or showin secondhand goods or anti shall observe all ordinances and laws in relation to dealers in secondhand g oods and anti and conduct the business in conformity thereto and shall account for and deliver to any person legally entitled thereto any goods , wares or merchandise , article or thing which may come to his or their hands through the business transacted in such exhibition, convention show or exposition or in ' lieu thereof, shall pay in rmne to such person or persons the le value thereof, � � � . (3) The applicant for licenses under subsections a 1 and a C ) f ) C ? (2) shall file with the City Clerk a bond in the sum of One Thousand ($1,000.00) Dollars with - a surety company duly - a ceri sed _ to do- - business in • State of Minnesota and said bond to be approved as to form and execution by the City Attorney; conditioned that such licensee shall observe the ordinances of said city in relation to the business of secondhand dealers: or antique dealers and that such licensee shall conduct said business in conformit the�th and will account for and . deliver Y eliver to any person legally entitled thereto any goods, wares, or merchandise, article or thing which may have care into the possession ,of such licensee or in lieu thereof such licensee shall in one PaY y to such person or persons the reasonable value thereof (4) The applicant shall apply to the City.Clerk.for such license and a copy thereof shall be forwarded to the Chief of Police of said City; said Chief of Police or an officer duly detailed by him for such • se shall investigate the applicant and report the results of such investigation to the Chief of Police together with a recc nuendation of approval or disapproval of such application by said Chief of Police; rovi.ded ' however / l that no person shall be licensed under the terms hereof who may at any time prior to the issuance of said license been dul. convicted of having g received stolen goods. or of any infraction of the terms and provisions of this section; provided,, however, that the Chief of Police follows the procedures required by these chapters and Minnesota Laws 1974 ch . 298 if the license is to be denied on the basis of crimmal convictions r (d) (l) Hours of Business - Juveniles. No rson so licensed shall kee � P his office or stare open for the transaction of business on any day of the week before seven o'clock in the morning, nor after ten o'clock in the evening, nor shall any person so licensed P urchase or receive personal property of any nature from any j ( 2) Records. It is the intent of the provisions of this section to provide for such record keeping and rep as is deemed necessary � g to insure the orderly and complete transaction of title to items,. mentioned herein, as they are bought or sold. Every person hereunder licensed shall keep a ledger in which shall be clearly and legibly written., at the time of such purchase,, are accurate account or description, in the English language, of the goods, articles, antiques or cgs purchased; the amunt of money paid therefore; the date and time of the receipt of the same; the name and address of the person selling the same, and the serial numbers and brand name of .Y such goods., articles , antiques or things The ledger, as well as the items mentioned herein that are bought by the licensee,, shall be kept at the licen ' s usual. place of business and shall be open to inspection at all reaponable times by the Chief of Police or his representative, In addition, every person licensed hereunder shall complete and deliver to the Chief of Police, within three days, after a purchase of any items aforementioned, and on such forms as he shall provide and in such manner as he shall direct, a complete description of the property purchased by the licensee, a complete physical description of the seller; the seller's residence; the seller's driver's license number; the amount of the transaction; the date and time of the transaction and any serial numbers or brand names of the property purchased. - (3) sales After Reporting to the Chief of Police. No property, mentioned in this section, purchased by any person licensed hereunder, shall be sold by or be permitted to be re.mved from the place of business of such licensee for a period of ten days, after the afore - n-enti.oned forms are completed by the licensee, and shall have bee�z delivered by the licensee to the.Chief of Police as hereinbefore required. (4) Orders of Chief of Police. Menever the Chief of Police shall notify any licensee hereunder not to sell or permit to be removed any goads or article purchased by such licensee, such goods or articles shall not be permitted to be remved , nor shall the same be sold until such time as may be determined by the Chief of Police; provided, that such date shall in no case exceed the period of six months from the date of such notification. (5) Advertised Articles. If any goods, articles or things shall be advertised in any public newspaper as having been lost or stolen and such goods, articles or things shall be, or shall thereafter come into the possession of any licensee under the terms hereof, said licensee shall upon actual notice hereof, imTediately thereafter give information in writing that certain goods, articles or things advertised are in said licensee's possession, and shall not thereafter dispose of the same except upon written authority to do so from. the Chief of Police of the City of Maplewood. (6) All goods, wares or merchandise coming into the possession of any licensee under the terms hereof shall at all times be open to the inspection and right of examina of any person claiming to have been the owner thereof, or claiming to have had any interest therein, when such person is accompanied by a police officer �V .007_ the City of Maplewood; nor shall any licen under the terms hereof hide, conceal or stow away any article in his possession from any npn ber of the police department of the City of Maplewood . (7) Any person licensed under this Ordinance shall immediately report to the Maplewood Police Department any attempt to sell, trade or barter any merchandise with a serial nuTher that has been remved , altered, obliterated or otherwise defaced contrary to Minnesota Statutes. This ordinance shall take full force and . effect from and after its passage and publication . Passed by the City Council of the City of Maplewood., Minnesota this. day of 1978, o ATTEST: Clerk Mayor mom 2 TO : Mayor and City Council FROM : Acting City Manager • Over Nig ht Street Parking - Ordinance ( First Reading) SUBJECT g DATE August.14 1978 For quite some time Staff has been aware of certain hardship cases of a . temporary nature involving the banning of on- street parking for more than two hours between Z a.m. and 6 a.m. These hardships involve, among other things, residents with new driveways that cannot be driven on for up to two weeks, muddy driveways in the spring of the year, overnight out --of -town visitors etc. In the present ordinance there is no provision for granting a temporary exception to these regulations, although, for many years - this has been y en done informally b the Police Department. The liability to the City in the event of a� accident of this method is obvious* A At this time Staff proposes an ordinance amendment be passed by the City Council authorizing the Director of Public Safety or his designee to grant up to two-week permits for exception to this parking regulation in hardship cases. 0 ;fiction by Counc11 Endorsed....­.* Vo di- ed�...�..�.. --- .. 0 t ORDINANCE N0* AN ORDINANCE ACING CHAPTER 403, TITLED PARKING., STANDING OR STOPPING OF THE MAP D CODE BY ADDING SECTION 40 3.0 71 THE COUNCIL OF THE CITY OF MAP D DOES HEREBY O AS FOLLOWS: • 1 is hereby Section 1. Section 403.07 y amended to read as follows: - orary On- Street Parking Permits. 4 0 3.0 71. Ex ception Ten�� tin Any owner, tenant, occupant or resident of property abutting a city street in instances of emergency and /or terWrarY hardshi p may apply to the Maplewood Chief of Police or his Y pp Y designee for a temporary exception permitting on- street vehicular parking between the hours of 2:00 A.M. and 6:00 A.M. which Pe rmitted exception shall not extend beyond fourteen (14) calendar days. • 1 take effect upon passage and publication. section 2. This ordinance steal I� Passed by the Council of the City of Maplewood, Minnesota this day of 1978. J Mayor ATTEST: Clerk .•�F!.': :3 : "'"../. -�. x�nierr'�a m• "'�".•.- -ie.Y .f . .. �T^" +� r y . ` w � c ,�r' � ,; �`,` x. ^ +% MEMORANDUM' TO ; Mayor and City Council FROM Acting City Manager SUBJECT: Building Official DATE August 31, 1978 Due to Geoff being on vacation this week we would like to table this to the September 21st meeting. r. '.yy.r .. ' � J; n• .x, .�•F* ,�''�1, '�"s�,�,,�. �'s�n�hA x . .:' �..� qF� �._ MEMORANDUM TO: Mayor and City Council FROM: Acting City Manager SUBJECT: Lot Division LOCATION: 824 South McKnight APPLICANT: Carl Mai dment DATE: August 31,1978 Request The applicant requests approval to divide a 110 by 125 foot parcel off of an existing 4.67 acre lot. Existing Land Use 1. The existing tract is presently developed with a single family dwelling on the south half of the lot. 2. The subject property has 328.39 feet of frontage on McKnight Road and a depth of 659 feet. Proposal 19 The applicant is proposing to divide off a 110 by 125 foot l in the north- westerly corner of his property at this time. This proposed parcel has an area of 13,750 square feet, 20 The appl i cant, also, has tentative plans of further subdividing his land, He is providing room, therefore, for a 60 foot roadway to go between the proposed lot and his existing house, 3. The enclosed s urvey plat shows the applicant's house in the southwesterly corner of his land. If future subdividing occurs,, a 60 foot road could easi be put in between the proposed lot and the existing house. Surrounding Land Uses The surrounding land i s largely undeveloped. There are sparse single fami ly dwellings surrounding the subject property. The Van Dahl Addition, a new single family dwelling subdivision, is presently in the early stages of development directly north of the applicant's property. Past Actions 10-14-76: The City Council approved a home occupation for Mrs. Patricia Mai dment to operate a tax service in her home at 824 South McKnight Road. Planning Considerations 1. The subject property is zoned F. Farm Residential. 2. The Land Use Plan has designated this property to develop as R1, Low Density Residential, MIY,R�Y.M?vR Public Works Considerations • presently bei Water and sanitary sewer are pr s y g installed in McKnight Road between Linwood and Highwood Avenue. Analysis • ate two lots. The proposed lot in the north. The proposed lot d ivision will l cre P • applicant's wi ll meet Mapl ewood s cri teri a for a west corner of the p buildable l and the remaining lot is laid out so as not to hinder further sub - division of the eastel ry portion of the property. Recommendation as proposed, based on the above analysis. Approval of the lot divis p p Cam" Act by Counc Endor�od� Mo dif i e d-- - - Re j ected._.._ D - PLAT OF SURVEY OF PROPERTY OF. DESCRIBED AS FOLLOWS � SCALE: 1 INCH FEET T. J. WEL.CN, REGISTERED SURVEYOR Q DEA107"ES /,. 701 EAST 3P.D STRt ST. PAUL. M - NN. 55100 � Z �/A K/ 4.D V,5 IV, /4 2(5 22 tj alow ��. o 1 r4 /moo rr)1 ,. N N p Errs 1 _ 'O r ya' t 1 � • i L OWER _ AFT ON RD. -:.. 39 .. Cr LONDIN LA. �- Ui �I- 9 �� x '117 D R D. �� `�' /' ` te r-', �-� i '► '� 2 , (1) LAKE WOCO DRIVE (2) TEAKWCCD • CRIVE (3) CRESTVIEW DRIVE - Cl) �— 7-- o a Cr. V U 2 3 ,, W00D AVE. k ;� � ` i. AV (1 '^. "j L'G /V'JT •!';.� i .. ` V t H 1974 .' ' ` O T213N w v z H 2 2 W 12 7 R 2 i td�r x l3�18 L cep s T a C /97£ CT 72 HICNWOOD AVE 74 .� 25 II AVE. � w� NEMITZ ST. SOUTHCRES R. Q U2 c, Carver _ ••='BOXWOOD AVE. cc WL to CARL MAIDMENT PETITIONER L R EQUEST LOT DIVISION 824 S. McKnight August 31, 1978 DATE SCALE PG. CARL MAIDMENT PETITIONER LOT DIVISION REQUEST 824 S. McKni IN MEMORANDUM TO: Mayor and City Council FROM: Acting City Manager SUBJECT: Building /Si Review APPLICANT: Tony Yocum PROJECT: Office Building LOCATION: Stillwater Road, West of Century Avenue DATE: August 18, 1978 Request cant The applicant i i s requesting n approval of building and site plans to construct an h pp q g pp office building. . Exi s ti ng Land Use 1. The subject property is rectangular and has 100 feet of frontage on Stillwater � p p y Road and 300 * feet of depth. The lot area is-30,000 square feet or .69 acres. 2. The property was previously occupied with an old two -story house and garage, both in a state of disrepair, 3. Structures have recently been removed. 4. The subject property is owned by the applicant. Proposal 1. The applicant is proposing to construct a 2,008 square foot office bui 1 di ng . 20 The ro osed structure is an irregularly shaped one story building with a p p walkout basement to the rear. 3. The p roposed office building measures basically 58 by 30 feet. 40 The proposed office building is to have a" home -1 i ke" appearance to provide a transition between the res.i denti al area to the west and the commercial use to the east. 5. The southerl y elevation of the proposed structure is to have an exterior of face brick with diagonal cedar siding on the front of the . entrance vestibule. 6. The side elevations of the vestibule are to be of face brick. 7. The side el vati ons of the building w i l l have diagonal rough sawn cedar siding., 8. The rear elevation w i l l be of vertical tongue and groove cedar siding across the main floor level and split face concrete block on the basement floor exposure. 1 M ' 7q. Parki ng • � be located in front of the ' 1. The appl cant has proposed f parking stalls to office building uildin and located along the easterly lo / t line. 2. Thep parking stalls are to measure 10 by 20 feet in size. 3. Section 5502 3e of the State Handicap Code requires there to be one handicap parki ng stall measuring a minimum of 12 feet in width. Section 912.060 (5) of the Maplewood Muni 4. Sect Municipal Zoning Code requires of a "Commercial ,office, or recreational building or use, other than those specified above havi.ng a total floor on ground area of more than one thousand (1 square uare feet: One (9) space for each two hundred (200) or portion thereof, of ground or ground floor oor area , plus one (1) square feet, p . space for each three hundred (300) square feet, or portion thereof, of upper floor area, in excess of one thousand (1,000) square feet. 11 formula the applicant 5. � According to the above � must provide 13 parking stalls. Lands cap i ng 1. The applicant has p osed some shrubbery along the front elevation of the build- i n g i and a rock garden n the easterly corner. of the front elevation. y p 2. The only other landsc i ng shown on the site plan are the existing trees along the street frontage and the easterly lot l i n e . Surrounding Land Uses 1 . The p ro p roperty to the northwest is developed with a single family d w e l l i n g , with p y frontage on Geranium Avenue. The property to the north and northeast is developed with a storage garage and office for the Yocum Oil Company. . elo 2. The property to the east is developed with the Yocum Oil Company Service p Station. This property is also owned by the applicant. 3. Stillwater Road is to the south. The properties to the south of Stillwater Road p R are devel o ed with C and Liquors and a variety of commercial establish- ments , i ncl udi ng "Knowl an' s Super Market. 40 The property t the west is developed with a single dwelling house fronti on Stillwater Road. Pas Actions 8-15-74: The Land Use Plan desi g.nati on of the property to the northeast of the subject prope r ty was ch from Rm, Residential Medium Density and RL , Residential g Lowe r Density for the southwest and northwest corners of Century and Geranium y Avenues, respectively. • p roperty to the northeast of the subject property at the southwest 10 - 2 - 75. The p y corner of Centur y and Geranium Avenues was rezoned from R -3 Multiple Dwelling District, to BC, Business Commercial. 6 K 'iL 4.H y 3 `t u 11- -6 -75: The City Council denied a request for a wall sign for Yocum Oil Company. 7 -8 -76: The City Council approved building plans for Yocum Oil Company to refurbish the existing service station at Stillwater Road and Century Avenue, subject to th.e following condi ons 1. The mansard roof be continued around all elevations of the building; 2. The rear and left elevations be painted light tan as proposed; 30 Sign shall be "self service" on east and west sides and "Yocum Oil Co." on south side of canopy only; plastic letters to be no more than 18 inches high 4. The owner and applicant shall agree to the above conditions in writing. 7 -6 -78: The City Council approved a Land Use Plan Amendment for Paul Yocum for the subject property from Rm, Medium Density Residential, to SC, Service Commercial. 7- 20-78: The City Council approved a zone change for the subject property from R -1, Single Family Residential to LBC, Limited Business Commercial. r' Planning Consi derati ons The subject lot is zoned LBC , Limited Business Commercial and pl anned for SC, Service Commercial use. Public Works Considerations Water and sanitary sewer are both available to the subject lot. Analysis The proposed office building w i l l be an attractive addition to the area. There are two deficiencies in the proposed site plan, however. To meet Code requirements for parking, the applicant must provide 13 parking stalls, one of which is to be a handicap stall . There should be no trouble in accomplishing this in front of the building. There is ample room to provide six stalls along the easterly side of the property and seven stalls opposite them, across a 25 foot drive aisle, and s t i l l ° observe the 15 foot setback requirement. Secondly, the landscaping proposed adjacent to the front elevation will add to the home-like appearance the applicant wishes to accomplish, although, types and quantities have not been specified. There shou d be some plantings provided along the west elevation as well as a site screen of attractive wood fencing along the west property line to screen the parking lot. To comply with the' Design Review Board's landscaping policy, continuous curbing should be provided around all land- scaped areas when adjacent to parking lots and access drives to provide protection, control,, runoff, , and to reduce maintenance problems. Recommendation Approval, based on the above analysis, subject to the following conditions: 1 . . The site plan shall be revised to provide for 1 3 parking s t a l l s , one of which is to be a handicap stall. The parking lot shall also be striped; 2. The landscaping plan shall be revised to provide for a minimum fi=ve foot high wood screening fence along the westerly lot line, from the building line to the front parking lot setback. There shall also be some plantings provided 3 adjacent to the s tructure on the westerly side and some plantings inside the 15 foot s etback area along Stillwater Road. These revisions shall be submitted for staff review and approval, e curb shall 1 be p rovided around the peri of the 3. A six inch concret p parking lot. 4. The parking lot and landscaped areas shall be maintained by the owner. Any dyi i n or dead plant material shall be replaced t agree to the 5. Qwner and applican above conditions in writing. g ,,kcti Qn by Counc Endor s e d__.�.._.�.�... Rio d.1.f i e . ,... .. Re j e ct e �L... Date 4 �. ..... ,.. », ... -... .... mom .. ... . .:...... .. ..... .. ...�. ..,.., ,. , .. ....:.... .. ......... .; ........ .. � . � •3'S F.. cat: 0 mp Trailer Court .68 ( Private) F -- MARYLAN ST 31 h69 RYLAKE RD. .%• Ix z W 0 0 ' '. : 1 cr F Beaver MAGNOLIA AVE. 0 0 Loke 3: Y cr. y 01 VI) w PL.::: s cr- 68 69 z HARVESTER C A S E ui t" — AVE. < (n > 32 LA. BRAND AVF, w R N S cr T. W: co E. 7TH ST E. 7 TH ST. z Q� cc 0 T29N SH 2530 BU AV cc R22W —R21W C12 1 . \ 31 >- a: cy- < �70\, m 7- E, M A V E.) 34 - 4 E . MARGARET ST.' • � to E. 5TM ST. �fl J . -j w FREM NT AVE cc Z w CONWAY in L'j AVE SERVICE R0. MIN f-0 9 I 1 3 1 c� RYLA ND I -1111:11.1"w 4 'J, S 3 3 114a - Q Q 3 33 3 3 00 f1tv lwm 10 T. oj co G 0 AV% (ni 17 ............... I F3 41 I ON 19 ? 0, . ............................. 9 21 10 t4 4 A Q c C i 6 17 Ile 15 11 c9) Z. S. F) 4 91 P. t} � ` � � r ;L 75 T f, 2 ID e c o M-4 ,0,0 C4 ula em, > ui V. 'Col. 4r) V TONY YOCUM PETITIONER BUILDING/SITE RE IEW REQUEST STILLWATER ROAD YOUR COMPLETE . HOME COMFO R T COMPA N Y Ci of Maplewood Comprehensive Plan Amendment Midvale Acres #2 Sec Lot 15 Bk. 5 pr a A"A' uIL Co. INCe The lot in q uestion and the next residence are directly across the street from a shopping center* The shopping center extends to the west so that the house ad to this lot is still across from the sh6pping center* The exsisting house is a 100 y ear old farm house whose upstairs • be repair and has onl a parial du out basement with a dirt floor* This propert is too expensive for an to bu tear the house down, and build a residence. I propose to build a "Home Like Lookin office* A one floor with a full basement walk out to the north,and set. back at least even with the house next door* The rear of the lot would be cleaned up and maintained such as is maintained b the n ei g hbors* . With landscaping and or screening,I am sure this t building w ell be compatable and will more apt to create a g ood divisision between the service station and the residential area* The residence across th . e street from, our new g ara g e,will attest that we did more to beautify the g ara g e lot than was asked of us* The proposdd office would house the business offices of yo I cum oil Coo We have ver little walk-in customers and no I retail sales per se• 2729 STILLWATER ROAD ST. PAUL, MINNESOTA 55119 TELEPHONE: (612) 739-9141 z T3 MEMORANDUM J. TO • Mayor and City Council n Y FROM Acting City Manager SUBJECT: Rehnberg ` s First Addition Occupancy Request DATE September 1, 1978 Mr. Cale Rehnberg has asked that the following matter be brought to the attention of the Council. He has indicated that due to the shortage of concrete for curb and gutter, there may be a delay in the completion of the street improvements, Mr. Rehnberg therefore requests that occupancy of homes in the Rehnberg First Addition be allowed prior to completion of the public improvements* Section. 1007.020 of the Platting Code indicates that all public improvements must be completed in a subdivision prior to allowing cons uction The City has in the past allowed construction to commence but has not allowed occupancy without substantial completion of the improvements, as allowing occupancy on an unimproved subdivision affects the public health and safety. The .City Attorney has indicated that a variance cannot be granted as ordinances related to public health and safety are not subject to variance. Additionally, the staff has contacted concrete suppliers, several contractors and developers relative to the availability of concrete for curb and gutter. Although a significant shortage exists, concrete is available in the quantities needed for this plat. Contractors have indicated they were not having substantial problems in completing their projects e The sewer system serving the Rehnberg Addition flows to an interceptor, the capacity for which is allocated to North St. Paul. The Metropolitan-Waste Control Commission is requesting that both communities make appropriate adjustment to their comprehensive plans relative to the ultimate flows and capacity of their system prior to issuing a connection permit. Also, an agreement must. be reached with North St. Paul as to the billing procedure as the sewage flows from the area will be registered on the North St. Paul meter. Staff is currently working on this item and anticipates that the earliest a sewer connection permit can be received is the 4th week in September. Occupancy cannot be allowed without a sewer system. Staff* feels that Mr. Rehnberg has not demonstrated why the street improvements cannot be completed within this time frame. Staff recommends the Council take no action on this matter. A coon by CoUncil 1 Endorse Mo dlf ! e d.,__-- V--- -! R .......... i� Af � EIEFI ST. PAUL BOARD OF RCALTORS MULTIPLE LISTING: SERVICE August 23 1978 (i to • yam � � �.f.vr•a its�aatlA c+s� � Q} 1401 WHITE BEAR AVENUE, ST. PAUL, MINNESOTA 55106, PIAONE. (612) 774 -9771 Rom, GI I. Peferrecl To: MDyor & Ci erk._..�.....__.... ty Mr . E ric B l a n k .Acting Manager City . of Maplewood 1380 Fros Avenue Saint Paul, Minnesota. 55109 Re: C. C. Rehnberg first Addition Stanich Court •- Finished Streets. Dear Mr. Blank: We have a situation on Stani ch Court which I believe should be brought to the attention of the City Council. As s ou know, there is a shortage of concrete, and I have been i nformed ,Y by the 1 Construction Company that they cannot guarantee that the concrete curbs will be instal 1 ed, and as a result, they cannot lay the asphalt. . requires res that before a llowin g owi n occ the s treet must have Maplewood q g P wie sheet of asphalt. The situation ation is that we have seven houses now under construction with • two or three about to start, and, in all cases, the owners have sold. their homes. In some instances these people are living in temporary Quarters; and if the City of Maplewood inforces that regulation and refuses to allow them to take possession of their property because of the l ack of finished streets, i t will create an extreme and undo hard- ship to the owners. Therefore, I ask that this problem be brought before the City Council to be discussed and hopefully, they will al these people a temporary variance whereby they will be allowed to take possession of their property. Since , y, e te g Realtor GCR /cdg ".Serving you professionally since 1047, .r-YP. TIC. �..' �1., 9tn1 !j�j..l{+4.•�!d'Vll"T�•ii' /LS -_ v) .. ,f i `liar .. ... .. .... .. - �.... .. .. ... ,_ .- •.. r.r ITA TTING CODE autbor.i zo such increased flow cnto adjoining pr ^i.v•ate lands AA ( S ce o Ord.. 7 9 9 Amend s Ord. 136. 007. CONST RUC TION AND 1IMPROVE�;iFITTS 100" o 0:1 0,. VILLAGE Vi"ORK0 All of the cons :,ruction or im.provep.,en t of any kh_z.nd to }c: done ::i.I_.h -.n t- e dc1dicatocl str �,e r .� of �;a�vr s11a11 be donF� b� the 4TH l l.a�;e u- lidc..r a l �.�t.aC contract. af: te)r the owner o C�c`V e loper has PC 1 fox S uc-11 r,ork. 911 px-oc.fJdure far. star-tan g ! .d Iia d1in ?; any of t -h.is ►.ork `.hai 1 lie i.n �llcc�' °?.t.l. t}�C� provisions of �;�:`? T : L 1.�.a e o�: :�iv.T�a f;;�'JrJd r���?,Za�.at'.c;na fo�` ccn:.�T.��'llct:l.on and thy. W027 c shall be a.n accordance:: i-L , the s eca.z a.c t on conta_n1�d therein, .l.Ov7 l.'�V j�r TTT jj ;r-+� �.7 •( i'!�I�� »js� ,� r; P.. -v j r) p� QTR C TT Cj No fina l p�. f'� � V i�3 l .1 V i1�JJ,l?:.J i + a � •�• . 1 � �� •�- �� f. 1 � /�. J tit /� • / - 1 � �� T r �'�'''.:= �. L �:1- � .1 ` t� 3. �. ! 't J C� o t: : �. � � �_ � r c� ..l. t Z � .� .� r ,. c :... • v _.1z a r• �. � .. r- t � 1 gn e d b y t h e d p Villa ulG n`rr and t�i�: V 1.I a {n �`it tUxn :� c"�.`,.f� -1 r +�; ��.a; Lie rt rov _Ai� and constr-i.).r. on o' t1te land and s Yr•t,.�. ►..� L ei d1..� o nRc ssa�y ,.ac_.�.�.t n ..s iii th 30 p1•a t hay; n b6P_ cc'.:r1.c . 0- and :,at.�.s. a� . � ?��.�.y� a..ran� < Ji ..n acco'rdaJ .,e ��,i�;�� '? G�l� S ` C-1-1 „� L f� tr1 e I. eF, a_i..a o il o r' .� 2.f''�' .I.:�..i .� rJV cil:>tm ard_ CrJIa:I � 7 ":ic tJ -on B::I Orn a f i real p1. ?.. v J. a ` o ` J a d by �G�� V �...tv.C li :� C J. V� �.�1.V .1C.. tt 0 land r•otiT i-c; U � -a d. :1. t `��a 1_ e cu.t F. d :� �.:i.t t.o the V J. I la>~ e Cci :.r.c an anre��. l ncr lg ;�123C�1 be bi� ��nJ o ?Z h.s n�� ���:;ir r,,. -� Y'�� p�tsor�a7_ r.e resc- ntG:�ve� and f: s ; ha - h ' �i ' _L ' l ` .1. °, no 1. ! . t.l 1.:.` �•�'.i11 � +0 1.•� 1 :: -1 � �n an % a I gn S - z �.0 :,C, �.l rc3.: d. cr i.�. ?" C�.U �4..p �G �;a 3 any ax:;"�.ti � cal.*J.0�� o r - ��a.0 -:'� C:� .::; `:�_Gt ion on `.uK.(::h "% of , unti 1 a iI � rip - o`,• , e :f ant s 1 t��U:t.:C'�':: 1:: �c� °I' �n �1...1_a C I -f! a . 0�`� for j_re4r'f1 GGI"2,' -_'f �'�.�GZ• .Grt �;a` �`� I1 1��ait Cyr arI ar:;�r -d fc•r J wale r e p r o v Ct r� h �:: y e a rl and i n the o - v - d -; r• an c° Pc t, -1 3i h j_ g s t r e e C On 3 O.'1 V J 1.11 S ta r a J. a 1..d s ' for st'.f..ee 0.' co :s ZL:.c V1 o1 J . 1001 o J3O� I3UTLDI��`:C I -�,�'� +::ITS IT,o b��.�.l.d.,r_g perp.:i t � shall ha i s:su.ed for �. 9 • f: )e cons +x'czc +.,.on a{ any ��i.�:i?.d •ri _ Bract Jre or �,,.�ro .rc�:;nt to -r .� a.:zd or any Iot , ' th4 n a s�;br.iv j.si nn as def �.n�� ham: f::' n ;- h ch }•�.a�- 1:�1�_ n appro for ��: u � t�.::�', �;z�.i all rec! .i rerv< -rocs of this or_dj.ranc n and a).l pra��r .s�.on.s for stzect constx��zct:ion and. land ..irpro Y e� �r�nt havf=. been corrlpla. d v 1.rh. J6. I1 f u11 o (Sov_rC%.0 Ord 39 Am endf , c? s Ord. 138. 1008o VARIPSCES AND VA LIDITY 1008C,01.0� VA IATI011S AITD EY,CEPTIT;S. The Planning Co m'_' ssion may recomitend vanation from) th ese rCg t:0 I -n casas which in 1 is opanion do not a fcc t t hl plan or the ;.nt. �lnl: of 1 h i s ord- zianc: e Q Siz.cli t3.on:3 shall. b .. to the Counc..1 :.n trr. � t,�r, .•1.�b., t ant ; - 1 at•�n� the recommend e a vari.at �.ons o T�ric Counc -11 :4 ;� ap� ov c ti ~are �z t•a.a�:? l'rcIra tree i s ui.rc c-n is of thi ordl.nance in peci.fic cc -'mcs which, i.n :.tom o;p r3 do not adversely affect the pl.fi.n and. spirit cf this ordinancco I O0 30020o VALI:DITYo If any :3e vubf cI a).�ee or ph :•Li5c t IRW MEMORANDUM TO Ma and Cit Council FROM Actin Cit Mana SUBJECT: Assessment Rates DATE September 1, 1978 Staff is currentl reviewing the ade of the existin special assessment rates* A report and recommendat will be presented to the Council at the meetin A ction by Cour,01-1: p e c at e MEMORANDUM TO Mayor and City Council FROM Acting City Manager SUBJECT: Senior Citizen Deferment Applications DATE September 1, 1978 Thvice axe �sevetca,P. app.P.i.cuti.ovz 4ofL �serii.vn citizen de4eh.mev►�s. Caunc,i,2 hays the authvA,t ty to gnawt the de4eAmewtz . 1 � de4etcmerts ate gnamted it .ins with 7% iwtetel,t and subject to the neguean Cvunc i,2 de�e&mewt po- P.i.cy. A ct Ion bY Enao.:rs c dif i e e e c e _ L. MEMO To Ma and Cit Counc*1 From: Actin Cit Mana Subject: Bike Racks Date Au 30, 1973 Back We have found that there is a g reat need for bike racks at the Nature Center and tennis courts. We need three at the Nature Center; one at each g ate where a bi ke can be chaff ned up while y ou walk throu the Center. We are about to post the Council adopted rules which include no bikes in the Nature Center. Each of the four Cit tennis courts locations are also attracting lar numbers of bikers. It is important to keep bikes off the courts because their kick stands will leave holes_ in the asphalt on hot da Recommendation Staff su the Counci 1 au,thori ze the purchase of seven bike racks at a total cost of $1,500. We have mone for this purchase in our Commercial PAC Funds. The Park Commission approved this purchase at their Au 14th meeting. C? Action b CojLnci End ors e 141 o d i f i e d-,-- ejected-, ME To: Mayor and City Council From Acting City Manager Subject: Gethsemane park Improvements Date: August 28, 1978 budget includes $6,000 for improvements at The 1 g7� park g . Gethsemane Park. These improvements are for a parki lot, p ati o si trees, shrubs, sod, etc. The beds on the work have been running higher than anti . Therefore we recommend the Counci 1 . authorize the expend�- The � tures of $2,UUO out of the Beaver Lake PAC account to complete this project. The park and Recreation on Commission at their regul meet i n 9 of August 14th approved this expenditure. Action by Council: Endors e d..,.�..�..�. . . Re j ectcd . Date J � TO Mayor and City Council FROM Acting City Manager SUBJECT Hours of Park Operation DATE September 1, 1978 Background r w.rwwri Section 405 of the Municipal Code Subsection "C" states that "No person shall be in any park, and no person shall remai n in or leave any vehicle in any park, or upon any parkway or publ i c grounds between the hours of eleven o'cl p.m. and six o clock a.m. of the following morning ". With the addition of three lighted tennis courts this past year, we think that in certain cases it would be practical to allow people to play tennis afte 11:00 p.m. The ad- vantages of this are: , 1. Higher public use of expens ve facilities 2. If people are in a park,. playing under lights, vandalism should diminish 3. Pl aying tennis at night, there i s l ess heat and wind to contend with 4. The general public gets more court time, thereby reducing the frustration of waiting for an open court The disadvantages of night tennis are self evident. Al though each of our courts has a master control which allows us to set the exact time the 1 i - ghts w i l l stay off.. Recommendation . Staff suggests the Council adopt the code amendment allowing peopl e to pl ay tenni s i n a Ci ty park past 11 :00 p, m. This fall we would ro ose to regulate the time controls p p so that Four Seasons Park would shut down at 11 :00 p.m* Afton Hei ghts Park at 12:00 p.m. ; and Maplewood Nei ghts Park at 1: p.m. This experiment will allow us to moni for the court use and get feedback from local citizens at each location. Action by Council: Endorsed Modifi u a Rejected Date -: - ." -.. - ........., :,... .". ,. .. .. ... .. e.... .... .:.. : '..i ':T': t 7. '• %. ^f::Clr -,. [. _ ..!S i^ - i-T.:+? E.,. `;syKs F ORDINANCE NO* AFTER HOURS TENNIS AN ORDINANCE AMENDING CHAPTER 405 PERTAINING TO VEHICLES ON PARKWAYS, IN PARKS , OR ON PUBLIC GROUND THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: : Section 1. Section 405.010 .is hereby amnded by adding thereto Section (E) which will read as follows: ( E) The provisions of (A) , (B) , (C) and (D) do not apply to anyone Playing tennis or observing same on lighted courts within the parks where said courts are posted as to time of use beyond 11:00 p.m, by the Park Director." Section 2. This ordinance shall take effect upon passage and publication. Passes by the Council of the City . , of Maplewood this day of , 1978 Mayor Attest: Clerk f - . TO Mayor and City Council FROM : Acting City Manager SUBJECT: Heavy Equipment Mechanic Position DATE September 1, 1978 Staff requests that the Council authorize the position of Heavy Equipment Mechanic to replace the existing Apprentice Mechanic position. In 1976, the Council established the position of Apprentice Heavy Equipment Mechanic. An agreement was entered into with the collective bargaining group and the Minnesota Apprenticeship Advisory Council, establishing a formal training program. The agreement established the required classroom and work experience hours needed to qualify an individual for journeyman status. The wage rate varies as a percentage of Heavy Equipment Mechanic's pay as the training pk.ogresses . The Heavy Equipment Mechanic's wage rate is set in the Union contract The individual hired in the training is now eligible to become a journeyman. .Under the existing situation, an additional journeyman position is not authorized. Interpreted literally, this would require the existing apprentice to be laid off when receiving his journeyman's status and a new trainee hired* With the existing work load in the municipal shop and the varied amount of equipment requiring maintenance in a municipal operation, staff feels that two (2) experienced mechanics are required. The existing apprentice mechanic carries out a broad scope of duties with limited supervision which could not be accomplished by a new trainee* Additionally, the Lead Mechanic position is currently being filled and any change in the second mechanic position would bring two totally new employees irr, shop* It is therefore recommended that the position of Heavy Equipment Mechanic be authorized* Adtion by Council: Endo. sed .�...�.� Modif iced - / � � � .,,..._,,,..�...... -.ry ..sue.....- .........nw....yr�+i ' (♦� 1rt. ♦ %I"tr 1 , c 1Y t• t.. _ .. . . .. _........" • ! {,M / 11111'4 t,11th111 ,... /J Y. 1,. Y. I: .t�:i lft►►If 1,11 I N►M ,'•IK /.li �i•' /:11 11 V N t1. 4 G 8-6 0- 4'7 .I 4 V.A. Lijim NO / Vfcln,, Era. Yrtet :n t .� c.)trt Vrtu�art Nan Vetctml . Nvill t)r W.W -.� A►nvic.►n Indian .r 'Sufowitird Amet ican ' Ime?wtr',011. rtltilU I10C.611, �t/011Ht1, (AAW1 ►1 E thioc Gromp of 1"4 of rtsovt '� Stafc` of N1 i11nesota , . I r . • 1 • 1 y �. Department or Labor an(I Industry Division of Voluntary Apprenticeship ' 'a' St�E)aul, i�iinnesuta , A �• AI'I'I ENTIC:E.S111P AGREE— ENT -- �1 J,rl'4'tllt'Itt Nil t �v _ 0 6 X 197t . Date A l 1 p 0 l' k v v t)rrcc for of r' �phrenticeshil- .- -_-�f. S- .......r.- .�-- -� d a o f ._._....L ��....�...r- -- I r) 'U �.. - b e t w e e tl : 1 IS ; �C1tI:F:�11 \ ~ l ' , is c.•ntcr into hits y � Th. e ��a p _ c �• r o o d c: aver E a �z z�l e n t M _ .s����?:����e.�G � ,.� ��.�..P c-OR �rer�tices .01111111 c; :tstirt. o{ L�.ici �Ic) ers: or Or ►anizatLon of Eric �lovc,cs) (E�:r:tplc�ycr. j o int .• p E }' and: ..._ Gar D. SD encer , hereinafter referred to as Elie Apprentice. -- -- (Nanie of :apprentice) _ r r' ` N ESSET11, that the Enployer; the Apprentice. and his or her Parent` or GUard.ian (if the apprentice is a minor) desire to enter ` into an agreement of apprenticeship for the trade or r: a f ; o f f'E Hea ECjuii)mnen .1 . That the prc•titicetilliy hc.•gins - -- .�. -� -- - t o continue for 80 hours less accreditation of j - 0 - hours (d ot to ) with 7000 remaining to be completed. 40 'llours related training attendance per r. JA� ---- Hours work per week - (Must . be - not less than 144 hours) graduated scale ' of wa vs, to tic• 1�Zid the apprentice • i s: (flay bc: in pc•r::c- trt.t ti ��f That tllc• rniiirrnur z � �• _ journeyman wage or a rate per hour) _i- -o Q--- - h o u r s .._._.70_. °� ---a� 1001-2000 t _ _ 74 4 * 91. 1110 hotirS e 5 - hours n L h _� ---`'z --� W I . t lz s - h o u r s ..... __Ek -1 io 95-- . 4 i o t h s -hours c- .5 -00-1 • & n t h s -hours �-� - 92 er .•6a10 -, f)aJ ��0nth s - hours c • 6 - o m o n t h s- h u c i r s _____ ---- c . c. -- months - hours c • months - hours - - - - c . months -hours c- months -hours -_ <. months - hours C. montlis - hours ° a c 6.63 per hour �4tirncyman wage rate on -- w as (date) l' - Required school time compensated ? yes no That this agreement is subject to the ap •j roval of the State Director of ; apprenticeship Arid is binding on Eli p arties hereto including the p rovisions as stated on the reverse side hereof. Additional conditions and p � p . the te rms a n d co ndit io ns of th M an1e wo od_ H __ _.__.— c:xl I c h : requ . - .: o a rer..t shi s tend .rds dre here b�nade a. � }�.r_ � o� this ag eement Ma. levio Heav E IDmen Mec hanic 1 )rcriticc- �• Employer, J AC., Assn. of Employers or -}- V organization of Employees t a atil da S o p . S U }- a Paul M j��' 55117 2- 42 _ - - Addre s s IN V 1: 1C' 1= 1 ) (SE AL) Parent or Guardian 1tl)prt)vca by . (J 11C or C)rl;. of Employees) Under nuspices of 1 0 E ros Av e . �Z . l e lA ro { �. -III _.� A re s s , Officer _ - ----- 0 f f i c c• r _. -_____ __ f -• DIVISION FILE: COPY r - - t4 MEMORANDUM TO Mayor and City Council FROM Acting City Manager SUBJECT: 1979 Budget DATE September 1, 1978 " of the proposed 1979 Budget will be distributed at the.Council Copes p p 9 . meeting. It is recommended that the following be scheduled: Sept. 19th - 7:30 P.M. - Heritage Center Shirt sleeve session to review budget Sept, 28th - 7:30 P.M. - Heritage Center Shirt sleeve session to review budget Oct. 5th - 7:30 P.M. - Council Chambers Public hearing and adoption of the budget. MEMORANDUM TO: Mayor and City Council FROM: Acting City Manager SUBJECT: Rehnberg First Addition - Connection DATE: September 1, 1978 In order to connect the sanitary sewer within the Rehnberg plat south of County Road "B", an amendment to the Maplewood Comprehensive Sewage Work Plan is required by the Metropolitan Waste Control Commission. In order to eliminate further revisions to that plan in that area, staff has investigated the service area and proposes an amendment to the plan as shown on the attached map . The area outlined on the map represents all those lands which could be served by the "North St. Paul Express Interceptor" and which cannot be served by other' existing or proposed facilities . Attached is a copy of the Comprehensive Land Use Plan showing the area where the change is recommended. The area is designated as low density residential and contains approximately 8 acres (net) which would result in a population of 112 people, or 32 dwelling units. This area also contains the new Public Works facility. Based on these figures, the sanitary sewer flow would be approximately 0.0 12 million gallons per day. The attached resolution is recommended by Staff. An additional requirement of the M.W . C . C . is that the City enter into an agreement with the City of North St. Paul relative to the maintenance and billings for the area . ; Staff has met with North St. Paul representatives and, based upon other agreements and reciprocal arrangements , the attached resolution is recommended • , kotion by Cduneil.:j En'dorse'r Modifie=d,. Rejected... at t WHEREAS, those lands in the NE% of the NW4, Section 14, T29, R22 lying northwesterly of the Minneapolis, St. Paul,. and Sault Ste. Marie R.R. , except the north 316 feet of the west 820 feet thereof are within the corporate limits of the City of Maplewood, and WHEREAS, said lands are not now served by a Maplewood sanitary sewer facility, and WHEREAS the City of Maplewood has found that said lands are best served in accordance with the best economic and engineering practices by 1 =MW -413, also known as the North Saint Paul express interceptor, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Comprehensive Sewage Works Plan for Maplewood is hereby amended to cause those lands in the NE% of the NW-- of Section 14, T29, R22, lying northwesterly of the Minneapolis, St. Paul, and Sault Ste. Marie R.R. , except the north 316 feet of the west 820 feet thereof to be in the service area of the Metropolitan Waste Control Commission facility No. 1 -MW -413 Y • �i WHEREAS, those lands in the NE I- of the NW %, Section 14, T29, R22 lying northwesterly of -the Minneapolis, St. Paul, and Sault Ste. Marie R. R . , except the north 316 feet of the west 820 feet thereof are within the . corporate limits of the City of Maplewood, and WHEREAS, it is in the best interest of the City of Maplewood to assume maintenance responsibilities for all lateral sanitary sewer mains connecting to 1 -MW -413 within the aforementioned lands, and. WHEREAS, the City of Maplewood agrees that the appropriate sewer billings for said lands shall be made by and payable to the City of North St. Paul, and WHEREAS, the City of North St. Paul shall be responsible for all billings from the M.W. C . C , as a result of increased flow in 1 -MW -413, and WHEREAS, the City of Maplewood agrees to furnish the City of North St. Paul with quarterly water meter readings of all tracts within said lands NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD that said City shall maintain all lateral mains within its corporate limits which connect to M.W. C.C. facility number 1 -MW -413; that the appropriate billing for connections to said lateral sewer mains connecting to 1--MW --413 within its corporate limits shall emanate from and be payable directly to the City of North St. Paul, and that Maplewood shall furnish the City of North St. Paul with the appropriate quarterly water meter readings for purposes of determining sewer billings, and that an agreement be entered into by and between said Cities in accordance herewith . r ► •• 1�' •�� � , t .. / f � .•y1�Lgw.rf i � j f . 1', t , � •� • �•• ' � � t { 1 � ' • � •, - t. ,• S i ', I � •• � ..71.1 . 1.1 ,. .•t .• • 1 t •, - • . , ., .t • t t 1 ♦ l •• •rpatlwr • ♦ • t • '+a.a • _. •,ly , { . t ' \ • 1 I Ia.•` t• f• RxN:. �t•o.N'n'vw.��ww.rrMitvMw•r.•+. •Kw6.rttYRt"Jlt%�•It•�. YbLn•A.•WI.IaMtrtJdK . . ..t •w,. t• r +t+.» ��� Q,y ■y '1 � r ...• .. 3. +•� • .. •••.•••,• M r• MMMfa ••Wk•IY'.u•MMwF•AM•'IAMLVSHCf �Y••t��IR11I .• , •.•' • - •w 4 w ».. .►wo w.w �►P •.V. ••� r. x t ' a i . . 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Jlk 1 •" It so OR IF It low 13EL2'LZ��F INT '_►?CL�'fl'OR :: .•- aa►••w•.•.«•.••t •........ ««r••w•• •w ••.•�.w.+•7r•• •• •►..- +r,..- t «.`- .v..,,..,,.. _..� «w....,.................. -.... » �..�..�•...•- ' •a - ... . • . •.•►+•�r.+:•��..4..♦ +..r q rim t►w� ►.r ( d` b • r. : `� a .... ". ,:.lil •• 1 i,t :►!•<r.. n.• � ••:.. rl'••• 1. I i• t•t'•'1• .• ,i.� J tt •r� ••. ., M •' • tj • .••.. •.••.••,. . •.•.•••••• !,•• •..... •.. te - ••�__ -,•-_. ` . �• r ,t t' !.It'll N. •. '�,• ► - • f •. ••/•. •• / t . \ • w \ it+ fe 1 of 41 0 so f / •• ••• • • • • •d ' r. ta .. ,t•••,,y'M•'� -tA 11+ 'i,!%•t •. T . a Ir.'. '�".f' iilf �/••rDf.•�•'•w.MC✓` ►J,'.O" °.. .. . • ..••�r� _ ..•. • '!' - w.. _. ..... • _..w .a. • •^••.�„• • • 1 j ♦ •M 4 , •- .. t •• ••••••• ^++.._�'+� • • f /7 r I t •• l �r 1. /� w •� + 1 f I ' l + •. ti CITY OF MAPLEWOOD . MINNESOTA COUNTY ROAD B I M PROVE Miz,.E N T EXISTING SANITARY SEWER 0 d y " EXISTING WATERMAIN PROPOSED SANITARY SEWER a.:- ►fir.:. PROPOSED WATERMAIN SCHOELL a MADSON t Engineers & Surveyors Hopkins , Minnesota SCALE: I "= 300` DATE: APRIL 1976 9930--1 � t r �T . �Ls , r •` J r'�••�..�•I .v.. n •� r - . ;i,. ..ems - . �`' .t! iS r, .. t. �� r. raN�' - •.�.r >_. N9 ct rg X /} ice. .. t � .' r� - - y : - s. . •t,.. -.•G :7. .. ' - .t' ..?r .� � i . .•. •... . � ` ^� _, . -- - w�•-•# - �-- _�-- '�'`.j- �.Y. - +.. .:•w•e -'c"w.�'t""w'• �'^-e,.r..o'^." aa- � +.,..•- i.�i�•,....%- �� 1..d1,. �~ .•.a...�....,...a:+,....a�.. �- :.•.i.a:.- �:: +.... r..�.�71:cd.sw•r •ui' L+, o_.a•,.•. « -_-. �. ..- .t,:.... .. ... _.._.. _.,. ... -. ,.. ., -. -• ,...•..., ._.-. _ i _____; - •.- ._..... -�� �' •Ki1 `..:1� ^-'�ufT?:ti _....•- C .�- rr'w «..•., _. y ..... - . --•_ �i s -r•. _::�•.'�•RS.� ..�� >:�' •tip- tei`�.:�����y�'`_:�':-;e�. �-' . �t' r. u,..,����%' -,d� �i:GT �r/�- • '7•' i - ./ � f-'�' � .- _;,,[ • R'• � �: t f - y ,r:�•" � . J'M r � �t_Iti � t 1 4 , ... oe A J i F L Lid. ,e �'" ` r • .''ti 1 _ : 1 -- A.0 ' r t' -.. ..... a ..r.. .� .... �_ t _� �� r � _ t _ �_ _. 1 _ . - - - i I IS -, T -, F I,/ � ,..._ � t Tit C- E�r�i.+ riAtY C-t3 U�arf'- I re , I r a Is JO 17, // At. z -/ CW4 � _ �.;��- TIC � +, +.. ! `� j :.- �►.: ��> � _ra rt �'��7 .a . _ a�� _.._ � «_ _.. � ..1'.. _ t _.. .... ._, �. ..� ..� _ r�w+r �wA7G�+� '� , M. F� .7Gi-7�E..iD.-dbs�ioT-1�+.'T9► -.. - -'- '�6K••.+._...» �_..�. - .�s�.. ---- 1- .- ....._.�_ ''. _'..: __•__ 1 ....._.,.....,._„� , � ` I�/�f�•..+ ; r ` ,,,J S.f',� ��t /� c • {: 7 { ' � r MEMO To Maplewood City Council From: Assistant Director of Community Services Subject: Maplewood Awareness Week -W Resolution Date: September 1, 1978 WHEREAS, the City of Mapl ewood is proud of its many Civic Clubs and Organizations and the many res i dents that it represents, WHEREAS, the City has actively supported community identity and awareness through the City Newsletters and the Maplewood Review and has encouraged citizens volunteer activities such as 4th of July, 1'lapl ewood Community Arts, and Maplewood Athletic Association; WHEREAS, the City wishes to encourage community involvement for the betterment of all concerned; IT IS HEREBY RESOLVED for and in behalf of the Citizens of Maplewood that September 8 through 14 be declared Maplewood Awareness Meek at the Maplewood Mall to actively support and encourage the many Civic Clubs and Organizations in Maplewood,