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HomeMy WebLinkAbout1978 10-19 City Council PacketIeR\ a L 117-11 MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, October 19, 1978 Municipal Administration Building Meeting 78 -29 14Ie110116167L1171L1 (B) ROLLCALL (C) APPROVAL OF MINUTES 1. Minutes 78 -24 (August 31, 1978) 2. Minutes 78 -25 (September 7, 1978) (D) APPROVAL OF AGENDA (E) PUBLIC HEARINGS 1. Vacation of Barclay Street - Laurie Road to Cope Street — 7:30 P.M. 2. Kennel License Application— 2219 E.Larpenteur Avenue — 7:30P.M. 3. Public Improvements— Upgrading and Relocation — Gervais Avenue between Kennard Street and White Bear Avenue -7:30 P.M. 4. Rezoning — M -1 to R -1 - 1111 and 1117 East County Road C — 7:45 P.M. AWARD OF BIDS 1. Public Works Improvement — Maple Greens II (G) APPROVAL OF ACCOUNTS (H) UNFINISHED BUSINESS 1. Final Plan Approved —Trunk Highway 61 and Parkway Drive 2. Plan Approval — Public Hearing Date — Keller Parkway Bridge 3. Feasibility Study — Hillcrest Development — Selection of Consultant 4. Hearing — License Revocation — Li'I General Store, 19 No. Century Avenue 5. Hearing -3.2 Beer License -1690 EnglishStreet — continuation Pj611 to] :aa: »yg0lre\I[.70 (J) NEW BUSINESS 1. Building Addition Plan Reviews: a. Transfiguration Church, 2633 Harvester Avenue b. Hardee's -Site Revisions for Drive -Up Service Window -3100 White Bear 2. 3. 4. 5. 6. 7. 8. 9. 10. Avenue C. 3M Building #218 -Storage Shed - 3M Center d. 3M Building #203 -Dock Enclosure - 3M Center Feasibility Studies - Street Improvements: a. Frost Avenue Connection b. Boxwood Avenue C. Sandhurst Drive Property Assessment Divisions Lot Divisions a. J. Kavanagh (E %: of Lot 3, E.G. Roger's Garden b. McGinley, 2044 Prosperity Road C. Basler, Southeast Corner of Geranium Avenue and Ferndale Street Labor Agreement - Police Negotiations -1979 IBT Local 320 -City Representative 1978 Budget Transfers: a. Overhead Projector b. Clothing and Equipment- Police 1978 Annual Audit 1979 Court Lease Commercial Revenue Note Request - Wendy's Restaurant 1979 Budget Amendment- Lions Club Canine Proposal (K) COUNCIL PRESENTATIONS 1e11]J11111611V-11IPI9:1:1V all /e\IIQ1P (M) ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL ,r 7:30 P.M., Thursday, August 31, 1978 Council Chambers, Municipal Building Meeting No. 78 -24 A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:31 P.M. by Mayor. Greavu. B. ROLL CAL 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 AGENDA Councilman Wiegert moved to approve the Agenda as amended: 1. Wage Negotiations 2. Consultants 3. Duplex 4. Rezone - Peterson 5. Housing Code 6. Staff 7. Metro Council Housing Program 8. Harvester and Sterling 9. Dr. John DuBois 10. Grants 11. Police Salaries Seconded by Mayor Greavu. Ayea'w D. UNFINISHED BUSINESS 1. Exception - Residential Garage on Unimproved Street - Edgehill Road a. Acting Manager Blank presented the staff report. b. Mr. Ryhner M. Skoog, the applicant, spoke on behalf of his request. He stated the cars that he is restoring would be kept in.the garage. c. Councilman Wiegert moved to ect to reasons 1. Existing garage be demolished; and 2.. Inoperable cars are to be stored in garage. Seconded by Councilman Fontaine. Ayes - all. 1 8/31 1� k�t;E E. VISITOR PRESENTATIONS l. " Mr. Bill Howard, 931 E. County Road C a. Mr. Howard read a letter commending Bill Cass and commending the Diseased Tree Removal procedures. b. No action taken F. NEW BUSINESS 1. Comprehensive Sewer Plan Amendment - McKnight Road Sewer a. Acting Manager Blank stated the City Council has previously approved the Mc- Knight Road Sanitary Sewer, from Linwood to Highwood. The Maplewood Comprehensive Sewage Plan indicates that this facility will be constructed after 1978. In order to secure the necessary permits from the Metropolitan Waste Control Commission, it is required that the plan be amended. Approval of the resolution is recommended. b. Councilman Wiegert introduced the following resolution and moved its adoption: 78 -8- 174 WHEREAS, the City Council of Maplewood, Minnesota adopted a Maplewood Comprehen- sive Sewage Works Plan, dated November, 1972; and WHEREAS, said plan anticipates the construction of a sanitary sewer in McKnight Road between Linwood and Highwood Avenues to be constructed after the year 1978; and WHEREAS, the City Council of Maplewood, Minnesota, has now deemed it necessary and advisable to construct said facility in the year 1978. NOW, THEREFORE, BE IT RESOLVED that said Comprehensive Sewage Works Plan is hereby amended to reflect the construction of said facility in calendar year 1978. Seconded by Mayor Greavu. Ayes - all. C. Councilman Wiegert moved that a communication be forwarded to Metropolitan Waste enntrol enmmissinn that the Maplewood Comprehensive Sewer Plan is based on a working Metropolitan Sewer rather than on the inoperable St. Paul Sewer Plan. Seconded by Councilman Anderson. Ayes - all. 2. Training Application a. Acting Manager Blank presented the following training applications for Council review and approval: Director of Public Safety Schaller Building Official Marge Ostrom Sewer Department Foreman Nuteson Paramedic Officer Bob Vorwerk b. Building Official Marge Ostrom - 2 - 8/31 fl ryA4+* Councilman Anderson mov to a_ bff:iclal Ostrom to attend the ment in Denver. Colorado on Oc Seconded by Councilman Wiegert. Motion carried. c. Director of Public Safety Schaller e Ayes - Councilman Anderson, Fontaine, Nelson and Wiegert. Nays - Mayor = Greavu. Councilman Nelson moved to approve the training application of Director of Public Safety Schaller to attend the International. Chiefs of Police Conference New York City New York on October 7th thru 12th. Seconded by Councilman Fontaine. d. Sewer Department Foreman Nuteson Councilman Fontaine moved t ment Foreman Nuteson to att esota. on Sentember 13 and Seconded by Councilman Anderson. e. Paramedic Officer Vorwerk Ayes - all. e the training application of Management Training Course at Ayes - all. Councilman Fontaine moved to approve the training application of Paramedic Officer Vorwerk to attend the 1st World Paramedic Conference at Anaheim Calif- ornia on September 18, 19 and 20. Seconded by Councilman Anderson. Ayes - all. 3. City Manager Selection a. Mayor Greavu presented an ad he had written for hiring a Manager. b. Councilman Fontaine moved to have the City Attorney for Manager Selection process with the Council to do the hiring. Seconded by Councilman Anderson. Ayes - all. G. COUNCIL PRESENTATIONS 1. Wage Negotiations a. Councilman Anderson asked how the negotiations were proceeding with the Public Works people. b. Staff stated they are new in mediation. Report on Tuesday Work Shop session. 2. Consultants a. Councilman Anderson questioned if it would be proper to hold final payment on a consultant's contract until such time as the assessments for the project have been collected. - 3 - )rove the trainin e r 1st thru 6th. )lication of Bui 8/31 "' Ytw; m? C" �?,' ��'' m° npH�A�; c�. fi�"^ i rtsusa ?,� ,�, ., ,�TM`�'"%°` ,,7�Y�?zc�°,sem;±°� r^r ,^°g^ � b. - Referred question to staff. L'. VISITOR PRESENTATION (continued) 2. Gethsemane Park Residents a. Mayor Greavu stated residents from the Gethsemane area were in the audience. They are concerned about the two driveways into the parking lot. b. Mrs. Lucille Watt, 839 Bartelmy Lane, spoke on behalf of herself and her neighbors regarding the two driveways. c. Mayor Greavu moved to construct the westerly entrance, eliminate the easterly entrance until such time as it is proven to be necessary and to install a chain across entrance to be used when nark is not in use. Seconded by Councilman Fontaine. Ayes - all. G. COUNCIL PRESENTATIONS (continued) 3. Duplex a. Councilman Anderson stated there was still someone living in the at 2750 -2752 White Bear Avenue. b. Staff will investigate. 4. Peterson, 2091 Belmont Lane - 'Lone Change a. Councilman Anderson stated he had a question from Mr. Peterson, 2091 Belmont Lane, as to how he could rezone his property from M -1 to R -1. b. Staff will review. 5. Housing Code a. Councilman Anderson stated several persons have expressed their concerns because Maplewood does not have a housing code. b. Referred to staff. 6. Staff a. Councilman Anderson complimented staff on doing a good job on the assessments. He also stated he had received a complaint about staff hours. He further stated staff should see that their phones are answered and that the secretaries or persons answering phone give correct answers and know where their supervisors are. 7. Metro Council Housing a. Councilman Wiegert stated he had received a reply from John Boland who stated the Metro Council will be working with the League and the Association regarding housing. Maplewood's comments should be forwarded to them. b. Council instructed staff to take care of this. 8. Dr. John DuBois - 4 - 8/31 a.' Mayor Greavu questioned if the bill that Dr. John DuBois had submitted for consultant work on the radio specifications been paid. b. Staff stated it had not and recommended that it not be paid as it was too high. c. Council directed staff to negotiate the amount an_d pay the bill if negotiations failed. 9. Harvester and Sterling a. Mayor Greavu stated the owner of the property at Harvester and Sterling wishes to build but can't because of the drainage problems. b. No action taken. 10. Sewer Connection - Minnehaha Avenue a. Councilman Nelson stated he had received a call from a Mrs. Samuelson regarding a sewer connection on Minnehaha Avenue. She was under the assumption that a connect- ion was installed when sewer main was constructed, but now finds there is none. b. Councilman Nelson stated lie would instruct Mrs. Samuelson to contact the City Clerk. 11. Grants a. Mayor Greavu stated Commissioner Hal Norgard is calling a meeting for obtaining a grant for the water tower. Commissioner Norgard will notify us. 12. Police Salaries a. Mayor Greavu asked how the contract for the Police Personnel was coming. b. Staff stated contract has been received and will be discussed at the September 7, 1978 meeting. H. ADJOURNMENT 10:37 P.M. Clerk - 5 _ 8/31 MINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, September 7, 1978 Council Chambers, Municipal Building Meeting 78 - 25 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:34 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Absent Roger F. Fontaine, Councilman Present Earl L. Nelson, Councilman Present Donald J. Wiegert, Councilman Present PRESENTATION Ramsey County Commissioner Hal Norgard presented two checks in the amounts $3,618.00 and $15,953.00 from the Federal Flood Disaster Program to reimburse Maplewood for their costs. C. APPROVAL OF MINUTES 1. Minutes No. 78 -17 (July 20, 1978) Councilman Wiegert moved to approve the Minutes of Meeting No. 78 -17 (July 20 1978) as submitted. Seconded by Mayor Greavu. Ayes - all. 2. Minutes No. 78 -18 (August 3, 1978) Councilman Fontaine moved that the Minutes of Meeting No. 78 -18 (August 3, 1978) be approved as submitted. Seconded by Councilman Wiegert. Ayes - all. 3. Minutes No. 78 -19 (August 10, 1978) Councilman Wiegert moved that the Minutes of Meeting No. 78 -19 (August 10, 1978) be approved as submitted. Seconded by Councilman Nelson. 4. Minutes No. 78 -20 (August 15, 1978) Councilman Wiegert moved that be approved as submit Seconded by Councilman Nelson. - 1 - Ayes - all. of Meeting No. 78 -20 Ayes - all. 9/7 15, 197 5. Minutes No. 78 -21 (August 21, 1978) Mayor Greavu moved that the Minutes of Meeting No. 78 -21 (August 21, 1978) be approved as submitted. Seconded by Councilman Nelson. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved that the Agenda be approved as amended: 1. Notification - Change of Assessment 2. Ad for Manager 3. Add Item H -7 - Hearing on Pinball Machine 4. Temporary Permit - Mobile Home Seconded by Councilman Wiegert. Ayes - all. Mayor Greavu recessed the meeting at 7:38 P.M. to convene as the Board of Appeals and Adjustments. Mayor Greavu reconvened the meeting at 8:42 P.M. E. PUBLIC HEARINGS None. F. AWARDING OF BIDS 1. McKnight Road Sanitary Sewer and Watermain, Linwood to Highwood a. Acting Manager Blank stated bids were opened for the project August 30, 1978. The low bid is 15.1% over the original construction cost estimate of $145,000.00. The watermain is assessed on a flat rate, and would therefore remain unchanged as a result of the higher bid price. At the public hearing, sanitary sewer was pro- posed to be assessed at the rate of $28.95 per front foot. The complexity of the sewer construction and the ability to assess only one side of the project resulted in a higher than normal rate of assessment. A substantial increase in the proposed assessment rate would require rehearing the project and would result in an extremely high assessment. Staff recommends that the assessment rate remain as proposed, with the additional $12,546.23 as part of the City Share. Staff recommends the contract be awarded to the low bidder, Orfei and Sons, Inc. in the amount of $166,899.90. b. A representative from Schoell and Madson explained the project. c. Councilman Wiegert introduced the following resolution and moved its adoption 78 -9 -176 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Orfei and Sons, Inc. in the amount of $166,899.89 is the lowest responsible bid for the construction of sanitary sewer and watermain in McKnight Road from Highwood Avenue to Linwood Avenue, ant the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. - 2 - 9/7 Seconded by Councilman Fontaine. Ayes - all. 2. Street Opening - Lydia Avenue, Furness Court a. Acting Manager Blank stated bids were received on September 5, 1978 for im- provements to open Lydia Avenue, east of Ariel Street and place the final surface course on Furness Court. Final plans and specifications and authorization to let bids were approved May 18, 1978, on the above project plus the opening of Beam Avenue, west of Frederick Street. Staff has been unable to acquire rights -of -entry on the Beam Avenue portion of the project in a manner timely enough to allow completion during this construction season. Staff therefore recommends that the City proceed with the Lydia Avenue and Furness Court portion of the project. At the time of the original decision to open the east -west routes, the Council indicated a desire to open Bean Avenue, Lydia Avenue and Radatz Avenue at the same time, in an effort not to burden any one street with traffic. On June 5, 1978, the Council authorized the opening of the Radatz Avenue /White Bear Avenue intersection to westbound movement to help alleviate the traffic problems associated with the McKnight Road construction. It is assumed that the neighborhoods affected by the previous opening of Radatz and the opening of Lydia will be concerned that the City follows through with its intent to distribute the traffic by opening all links. The acquisition of the right -of -entry on Beam Avenue has been turned over to the City Attorney and staff anticipates the Beam Avenue project will be carried out in the spring of 1979. b. Mayor Greavu introduced the following resolution and moved its adoption: 78 -9 -177 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Ashbach Construction in the amount of $51,189.45 is the lowest responsible bid for the improvements to open Lydia Avenue, east of Ariel Street and place the final surface course on Furness Court, 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 Wiegert moved that th No. 002903 through Check No. 002 027429 - $258.613.51: Part II - I - Fees. Services. Exoenses. Check No. 18229 through Check No. 18381 - 870-S39.29: Check No. 18382 through Check No. 18512 - $41.608.96) in the amount of }4y1$,ZU6.NZ be pain as submittea. Seconded by Councilman Fontaine. Council asked staff for a report,on Ayes - all. the former Managers severance pay. UNFINISHED BUSINESS 1. Off -Sale Liquor Hours of Sale - Ordinance - Second Reading a. Acting Manager Blank stated the ordinance to allow Off Sale Liquor Businesses to be open until 10:00 p.m. on Fridays was placed on first reading. Second reading and adoption is recommended. - 3 - 9/7 b. Mr. Tom DeFoe, Manager, Red Wagon Liquors; Mr. Gordon Berres, Maplewood Liquors; Mr. Mike Alexander, House of Liquors; all spoke in opposition to the proposed ordinance. c. No action taken. 2. On Sale Wine License - Ordinance - Second Reading a. Acting Manager Blank stated first reading of the ordinance was approved. It is recommended that second reading and adoption be given. b. Mayor Greavu introduced the following ordinance and moved its adoption Ordinance No. 451 AN ORDINANCE AMENDING THE MAPLEWOOD CODE BY ADDING THERETO CHAPTER 707 CONCERNING ON -SALE QINE LICENSE THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDIAN AS FOLLOWS: Section 1. Chapter 707 of the Maplewood Code is hereby adopted in its entirety as follows: "707.010. DEFINITIONS. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them: On -Sale wine license: Licenses authorizing the sale of wine not exceeding fourteen (14) percent alcohol by volume, for consumption on the licenses premises only, and in conjunction with the sale of food. Restaurant: An establishment under the control of a single proprietor or manager, having appropriate facilities for serving meals and seating not fewer than twnety -five (25) guests at one time and where, in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide usual and suitable service to its guests. Seating: The usual and regularly available seating accommodations for guests of the establishment to sit at tables for the purpose of eating meals. "707.020. ISSUANCE RESTRICTED. On -sale wine licenses shall be issued only to restaurants meeting the requirements of this chapter. "707.030. HOURS OF OPERATION. Holders of "on -sale wine licenses" shall at all times observe the following restrictions upon the hours of operation: No sale of wine shall be made after 1:00 a.m. on Sunday, nor until 8:00 a.m, on Monday, nor between the hours of 1:00 a.m. and 8:00 p.m. on the day of any statewide or city election. No on -sale of wine shall be made between the hours of 1:00 a.m. and 8:00 a.m. Monday through Saturday. "707.040. LICENSE REQUIRED. No person except wholesalers or manufactureres to the extent authorized under state license, except the municipal liquor dispensary, and except those having an on -sale intoxicating liquor license in accordance with chapter 701 through 704 shall directly or indirectly deal in, sell, or keep for sale any wine without first having alicense to do so as provided for in this chapter. "707.050. NUMBER UNLIMITED. The number of on -sale wine licenses which may be - 4- 9/7 issued under this article shall be unlimited. "707.060. LICENSE FEES. (1) The annual license fee for an on -sale wine license shall be based upon the seating capacity of the establishment to be licensed. Those fees shall be as follows: (a) Seating capacity of twenty -five (25) persons ... $ 500.00 (b) Seating capacity of over twenty -five (25) p ersons ......... ............................... 500.00 (c) Maximum fee required ........................... 2000.00 (2) The annual license fee shall be paid in full before the application for a license is accepted. All fees shall be paid into the general fund of the city. Upon rejection of any application for a license, or upon with- drawal of an application before approval of the issuance by the city council, the license fee shall be refunded to the applicant. (3) Where a new application is filed as a result of incorporation by an exist- ing licensee and the ownership control and interest in the license are unchanged, no additional license fee will required. 707.070. 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. Seconded by Councilman Wiegert. Ayes - all. 3. Street Addresses and Numbering - Ordinance - Second Reading a. Acting Manager Blank stated the ordinance was placed on first reading and second reading and adoption is recommended. b. Councilman Wiegert introduced the following ordinance and moved its adoption ORDINANCE NO. 452 AN ORDINANCE AMEDING THE MAPLEWOOD CODE BY ADDING 'THERETO CHAPTER 504 CONCERNING STREET ADDRESSES AND NUMBERING THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 504 of the Maplewood Code is hereby adopted in its entirety as follows: 504.010. REQUIRED. It shall be the duty of the owner, agent, lessor or occupant of every house, building or permanent structure (except barns, private garages and other buildings or structures used in connection with buildings or permanent structures having a street or building number) in the city to place a house or building number as herein provided, over or near the main front door or entrance of every such house, - 5 - 9/7 building or permanent structure, in such a position that said numbers can be plainly and clearly read and distinguished from the adjoining street. 504.020. SPECIFICATIONS Building or house numbers shall be no smaller than three and one -half (3--,) inches and no larger than twelve (12) inches high and shall be either painted or made of metal, glass, procelain or other substantial and durable materials. 504.030. NUMBERS OF OLD BUILDINGS. Building numbers shall be placed upon all houses, buildings and structures, within sixty (60) days after the owners, agents, lessors or occupants thereof have been notified by the city to apply for such building numbers and submit proof of the ownership of their said respective premises or the right of occupancy thereof, and also file a correct legal description of same with the city. Such notice may be given orally, or by telephone, mail, publication or posting in three (3) public places in the city. Upon being satisfied as to the location, boudaries and ownership of any such premises, the city shall issue and deliver a certificate to such persons, showing both the description of said property and the number assigned thereto. 504.040. NUMBERS FOR NEW BUILDINGS. Upon exhibiting a proper building permit for any building or permanent structure hereafter constructed in the city, and submitting sufficient proof of ownership thereof to the city clerk, and filing a correct legal description of same in his office, said clerk shall issue and deliver to the owner of said premises, or his agent, an official certificate showing the description of the property and the number assigned thereof. 504.050. EXPENSE. No fee shall be charged for assigning, certifying or issuing said numbers for buildings or other structures, but the expense of making purchasing and affixing the actual numbers to any building or structure shall be borne by the owner thereof or other applicant. 504.060. APPEAL TO COUNCIL. The City Clerk is hereby authorized to assign and issue numbers for 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. No building or house number shall be issued for any unplatted land, vacated plat or fractiional 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. Section 2. This ordinance shall take effect upon its passage and publication according to law. - 6 - 9/7 Seconded by Councilman Nelson. Ayes - all. 4. Second Hand Stores and Pawn Shops - Ordinance - Second Reading a. Acting Manager Blank stated the ordinance was placed on first reading and second reading and adoption is recommended. b. Councilman Fontaine introduced the following ordinance and moved its adoption Ordinance No. 453 AN ORDINANCE PROVIDING FOR THE REGULATION OF PAWNBROKERS AND DEALERS IN SECONDHAND GOODS THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: 844.010. PAWNBROKERS (a) No person shall exercise, carry on or engage in the trade or business of pawn- broker within the City of Maplewood without first having obtained a license to do so in conformance with the provisions of this chapter. (b) For purposes of this ordinance, a pawnbroker is a person who loans money on deposit or pledge of personal property, or other valuable thing, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. (c) The annual license fee for a pawnbroker's license shall be $50.00. (d) Before such person shall be licensed to conduct such pawnbrokers business in said city, application therefore must be made to the City Clerk. A copy of the application for such license shall be delivered to the Chief of Police or an officer duly detailed by him for such purpose who shall investigate the applicatn and report the results of such investigation to the Chief of Police, who shall make a recom- mendation for the approval or disapproval of such application to said City Clerk; provided, however, that no person shall be licensed hereunder who has been convicted of having received stolen goods goods or of any infraction of the terms and pro- visions of this section or of any of the ordinances of the City of Maplewood re- gulating the business of pawnbrokering; provided further, that in denying any lic- ense hereunder based upon such conviction, the City Clerk shall follow the procedures in these chapters and in Minnesota Laws, 1974, Chapter 298. (e) Bond Before any person shall be licensed as a pawnbroker, such applicatn shall file a bond in the sum of Two Thousand ($2,000.00) Dollars with a duly licensed surety company as surety thereon, such surety bond to be approved by the City Clerk and said bond to be approved as to form and execution by the City Attorney; a con- dition of said bond shall be that such licensee shall observe the ordinances of said City in relation to the business of pawnbroker and that such licensee will conduct said business in conformity therewith and will account for and deliver to any person legally entitled thereto any goods, wares or merchandise, article or thing which may have come into the possession of such licensee as pawnbroker or in lieu thereof such licensee shall pay in money to such person or persons the reason- able value thereof. - 7 - 9/7 (f) Records (1) Ledger. Every person licensed under the terms hereof shall keep a ledger in which shall be legibly written La ink at the time of each loan or purchase, an accurate account or description in the English language of the goods, articles or oth er things deposited, loaned u le s old or purchased or pledged or pawned, the money, P pledged , the time of the receipt of the same, the. name, residence, and a reasonably. accurate physical description of the person pawning, pledging, selling, leav- ing or depositing the same, and if the article be a watch or other goods of gold or silver manufacture, the number or numbers written, stamped, impressed or engraved thereto, together with the name of the manufacturer of the same, if such name is placed in any position or in any way upon such goods or article, and such entry as above described shall be regularly numbered; and the ledges in this section referred to shall be known as Ledger- No. 1 and shall be at all reasonable times open to.the inspection of any member of the Police Department of the City of Paplewood. (2) Receipt Book. Every person licensed under the terms hereof shall deliver to the person pawning, pledging, selling, leaving or depositing any goods, articles or things, a certificate number to correspond with the entry in Ledger No. 1, which said certificate shall contain the substance of'such entry. (3) Ledger No. 2. Each person licensed under the terms hereof shall. keep a ledger to be called Ledger No. 2, wherein shall be entered an accurate and correct account of all sales of goods, articles or things sold or disposed of by him which may have originally been deposited, left with or sold to or purchased by or pledged or pawned to him, wherein shall be marked upon properly numbered entry together with a proper reference to the original transaction as entered in Ledger No. 1, and the corresponding number of the entry in Ledger No. 1 an account of such sale, with the date thereof and the amount for which the same was sold, and the ledger in this section referred to shall be at all reasonable times open to the inspection of any member of the Police Department of the City of Maplewood. (4) Reports to Police. Each person licensed under the terms Hereof shall make out and deliver to the Chief of Police every day, before the hour of twelve noon, a legible, correct and complete copy from each of the ledgers hereinbefore required, and a true and correct account of all personal property or other valuables received or deposited or purchased or pledged or pawned as indicated in Ledger. No. 1, or sold or otherwise disposed of, as indicated in Ledger No. 2, during the preceding day, and said report and description shall be signed by the person giving it to the Chief of Police, and shall be delivered in person by the person making said report to said Chief of Police or to an officer duly detailed by said Chief of Police for such purposes when the same is required by said Chief of Police. Provided, however, that no person shall be required to furnish such descriptions of any property pur- chased from manufacturers and wholesale dealers having an established place of business, or of any goods purchased at an open sale from any bankrupt stock, or from any other person doing business and having an established place of bus - iness, but any goods in this proviso referred to must be accompanied by a bill of sale or other evidence of open or legitimate purchase, and must be shown to the Chief of Police, or any member of the police department, when so demanded. (5) 90 --day Redemption Period. Any person pledging, pawning or depositit an article for security shall have ninety (90) days from the date when the loan e to redeem the same before the same becomes or pledge becomes due and payabl forfeitable. a - 9/7 (6) No personal: property on deposit with any person licensed under the terms hereof, nor property purchased by or sold to or in any other way coming into the possession and under the control of any licensee hereunder in. the clue course of said business shall be permitted to be redeemed from: the place of business of such licensee for a period of sevenf..y -two (72) hours, nor shall such property be sold within ten (10) days after`che copy and statement re- quired to be delivered to the Director shall have been delivered as herein- before required. (7) Police Restrictions on Sale. Whenever the Chief of Police shall notify any licensee hereunder not to sell or permit to be redeemed any goods or articles received on deposit or purchased by such licensee, such goods or articles shall not be permitted to be redeemed, nor shall the same be sold until such time as may be determined by the Chief of Police provided that such time shall in no case exceed the period of si.x (6) months from the date of such notification. (8) No person shall hereafter exhibit or maintain any sign usually know•., as a pawnbroker's sign, or in any manner advertise to loan money on.deposit or pledge of personal property or other valuable thing, without first having obtained a license as provided herein, and nor. - compliance with the terms of this section will be prima facie evidence of the fact that a pawnbroker's busine.7s is bein.g prosecuted and carried on. (9) Report of Stolen or Lost Goods, If any goods, articles or things shall be advertised in any public newspaper as having beer, lost, or stolen, and such goods, articles or things shall. be, or shall thereafter come into the possess- ion of any licensee under the terms hereof, said licensee shall, upon actual notice hereof, immediately thereafter, as a supplement to said licensee's daily report for that day to the Chief of Police 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 so to do from the Chief of Police. (10) Any person licensed under this Ordinance shall immediately report to the Maplewood Police Department any attempt to sell, trade or barter any merchan- dise with a serial number that has been removed, altered, obliterated or otherwise defaced according to Minnesota State Statutes. (g) 1oursL .luveni,les. No person licensed under the terms hereof shall keep his office or store 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 licensed under the terms hereof purchase or receive personal property of any'nature on deposit or pledge from any juvenile, as defined by law. 101 (1) Inspection. Any person licensed under the provisions of this section shall, at: all times during the term of said license, allow the officers of the Maplewood Police Department to enter the premises where said licensee is carrying on. such business, for the purpose of inspecting such premises a.nd inspecting the goods, wares and merchandise therein for the purpose of locating goods suspected or alleged to have been stolen or otherwise improperly dis- posed of. 9 _ °/7 (2) All goods, wares or merchandise coming into the possession of any licensee under the terms hereof shall at all times be open to the in- spection and right of examination 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 of the City of Maplewood; nor shall, any licensee under the terms hereof_hide, conceal or stow away any article in his possession from any member of the Police Department of the City of Maplewood. 844.020. DEALERS IN SECONDHAND GOODS (a) (1) No person shall exercise, carry on or be engaged in the business of buying and selling of second hand goods of any kind in the'City of Maple - wood without a license; provided, however, that Persons so doing at an exhibition licensed under subsection (a) (3) are exempt. (2) No person shall exercise, carry on or be engaged in the business of buying and selling antiques of any kind in Maplewood without a license; provided however, that persons so doing at an exhibition licensed under subsection (a) (3) are exempt. (3) No person shall. have or hold an exhibition, convention, show or ex- position of secondhand goods or antiques, lasting more than three days in duration, in Maplewood without a license. (4) This section shall not apply to any person engaged in the business of dealing in secondhand motor vehicles nor to any person, firm or cor- poration engaged in the business of dealing in secondhand parts for motor vehicles nor to any person, firm or corporation taking goods and merchan- dise.as part or full payment for new goods and merchandise. Nor shall this section apply to or include the business of buying, selling or ship- ping in wholesale lots any scrap iron, used metal, or dismantled motor vehicles in the course of reprocessing or transforming; such materials into forms, conditions, or substances required for the use of such mater - ials in smelters, foundries or other reporcessing plants except that a special permit shall be required for the location of any such business. (b) The annual license fee for a dealer in secondhand goods as set forth in subsections (a) (1), (a) (2) and (a) (3) is $50.00. (c) (1) The application for a license under subsection (a.) (3) shall contain the name and address of the person or persons who will. be responsible for the conduct and management of the exhibition, convention, show or expos- ition, the names and addresses of all persons exhibiting or showing secondhand goods or antiques at such exhibition, convention show or exposition, and the dates, time and place during which such exhibition, convention, show or exposition will be held. (2) The applicant for a license under subsection (a) (3) shall. file with the City Clerk a bond in the sum of Five Thousand ($5,000.00) Dollars with a surety company duly licensed to do business in the State of Minnesota and said bond to be approved as to form and execution by the City Attorney; conditioned that the person or persons exhibiting or showing secondhand goods or antiques shall. observe all ordinances and laws In relation to - 10 - 9/7 dealers in secondhand goods and antiques and conduct the business in conformity thereto and shall account: for and deliver to any person legally entitled thereto any goods, wanes 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 money to such person or persons the reasonable value thereof. (3) The applicant for licenses under subsections (a) (1) and (a) (2) shall file with the City Clerk a bond in the sum of One Thousand ($1,000,00) Dollars with a surety company duly licensed to do business in the 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 or- dinances of said city in relati.cn to the business of secondhand dealers or antique dealers and that such licensee shall conduct said business in conformity therewith and will account for and deliver to any person legally entitled thereto any goods, wares, or merchandise, article or thing which may have come into the possession of such licensee or in lieu thereof such licensee shall pay in money 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 Pot.ice or an officar duly detailed by him for such purpose shall investigate the applicant and report the results of such investigation to the Chief of Police together with a recommendation of approval or dis- approval of such application by said Chief of Police; provided, however, that no person shall be licensed under the terms hereof who may at any time prior to the issuance of said license been duly convicted of having 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 criminal convictions. (d) W Hours of Business - •Juveniles, No person so licensed shall keep his office or store 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 purchase or receive personal property of any nature from any juvenile. (2) Records. It is the intent of the provisions of this section to provide for such record keeping and reporting as is deemed necessary 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 wirtten, at the time of such purchase, an accurate account or description, in the English language, of the goods, articles, antiques or things purchased; the amount of money paid therefore; the date and time of the receipt of the same; the name and address.lf the person selling the same, and the serial numbers and brand name of 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 licensee's usual place of business and shall be open to inspection at all re:;onabl.c times by the Chief of Police or his representative. 11 - 9/7 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 trans - action; 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 removed from the place of business of such licensee for a peiood of ten days, after the aforementioned forms are completed by the licensee, and shall have been delivered by the licensee to the Chicf of Police as hereinbefore required. (4) Orders of Chief of Police. Idhenever the Chief of Police shall notify any licensee hereunder not to sell or permit to be removed any goods or article purchased by such licensee, such goods or articles shall not be permitted to be removed, 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 notif- ication. (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, immediately 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 of merchandise coming into the possession of any licensee under the terms hereof shall at all times be open to the inspection and right of examination 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 of the City of Maplewood; nor shall any licensee under the terms hereof hide, conceal or stow away any article in his possession from any member 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 slay merchandise with a serial, number that has been removed, altered, obliterated or otherwise defaced contrary to Minnesota Statutes. This ordinance shall take full force and effect from and after its passage and publication. - 12 - 917 Seconded by Councilman Wiegert. Ayes - all. 5. Over Night Street Parking - Ordinance - Second Reading a. Acting Manager Blank stated the ordinance was placed on first reading and second reading and adoption is recommended. b. Councilman Wiegert introduced the following ordinance and moved its adoption ORDINANCE No. 454 AN ORDINANCE AMENDING CHAPTER 403 TITLED PARKING, STANDING OR STOPPING OF THE MAPLEWOOD CODE BY ADDING SECTION 403.071 THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 403.071 is hereby amended to read as follows: "403.071. Exception ' 7 Temporary On- Street Parking Permits. Any owner, tenant, occupant or resident of property abutting a City street in instances of emergency and /or temporary hardship may apply to the Maplewood Chief of Police or his designee for a temporary exception permitting on- street vehicular parking between the hours of 2:00 a.m. and 6:00 a.m. which permitted exception shall not extend beyond fourteen (14) calendar days. Section 2. This ordinance shall take effect upon passage and publication according to law. Seconded by Councilman Nelson. Ayes - all. 6. Building Official a. Acting Manager Blank recommended this item be tabled due to the absence of the Director of Community Development. b. Councilman Wiegert moved to table Item H -6 until September 21, 1978. Seconded by Mayor Greavu. Ayes - all. 7. Pinball Machine Permit - Revocation - 19 No. Century Avenue a. Acting Manager Blank stated in the past several months the police department has received approximately twelve complaints at the Little General involving dis- putes and nuisances that directly relate to the pinball machine on the premises. The employees and the local management indicate they would be happy to see that machine removed, but that their national management insists that they keep the machine. 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 delcare the pinball machine at 19 No. Century a nuisance and revoke the license. - 13 - 9/7 b. Mayor Greavu moved to declare the nuisance and revoke the coin operated Seconded by Councilman Wiegert. Ayes - all. VISITOR PRESENTATIONS 1. Property - SW Corner of Minnehaha and Century t 19 No. Century a a. Owners of the property at the SW corner of Minnehaha and Century Avenue presented a proposal for development. The proposal was presented for informat- ional purposes only. J. NEW BUSINESS 1. Lot Divisions a. 824 So. McKnight Road 1. Acting Manager Blank presented the staff report recommending approval of the lot division as proposed. 2. The applicant, Mr. Maidment, spoke on behalf of the proposal. 3. Councilman Fontaine moved to approve the reques So. McKnight Road, to divide a 110' x 125' parcel f lot. Seconded by Councilman Wiegert. Ayes - all. 2. Building and Site Plan Review a. Stillwater Road, W of Century Avenue 1. Acting Manager Blank presented the staff report recommending approval subject to the following conditions: 1. The site plan shall be revised to provide for 13 parking stalls, 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 five 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 adjacent to the structure on the westerly side and some plantings inside the 15 foot setback area along Stillwater Road. These revisions shall be submitted for staff review and approval. 3. A six inch concrete curb shall be provided around the perimeter of the parking lot; 4. The parking lot and lanscaped areas shall be maintained by the owner. Any dying or dead plant material shall be replaced; 5. Owner and applicant agree to the above conditions in writing. 2. Board Member Haugan presented the following Community Design Review Board recommendation: "Chairman Huot moved the Board recommend to the City Council approval of - 14 - 9/7 the building and site review as proposed by Tony Yocum subject to the follow- ing conditions: 1. The site plan shall be revised to provide for 13 parking stalls, 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 minimum five foot high wood screening fence or planted materials along the westerly lot line, from the building line to the front parking lot setback. There shall also be some plantings provided adjacent to the structure on the westerly side and some plantings inside the 15 foot setback area along Stillwater Road. These revisions shall be submitted for staff review and approval; 3. A six inch concrete curb shall be provided around the perimeter of the parking lot; 4. The parking lot and landscaped areas shall be maintained by the owner. Any dying or dead plant materials shall be replaced; 5. Owner and applicant agree to the above conditions in writing. Board Member Haugan seconded. Ayes 2; Nays 1 (Member Herauf)" 3. Mr. Tony Yocum, the applicant, spoke on behalf of the proposal. He also stated he would sign a statement agreeing to the necessary changes if property is sold. 4. Councilman Fontaine moved to Oil Companv on Stillwater Road, rove the and site , subject Mans of Yocum to the follow- conditions 1. Additional parking to total 13 parking stalls, one of which is to be a handicap stall, will be provided adjacent off -site with easement to be provided for any future owner. The parking lot shall be striped; 2. The landscaping plan shall be revised to provide for a minimum five foot high wood screening fence or planted materials along the westerly lot line, from the building line to the front parking lot setback. There shall also be some plantings provided adjacent to the structure on the westerly side and some plantings inside the 15 foot setback area along Stillwater Road. These revisions shall be submitted for staff review and approval; 3. A six inch concrete curb shall be provided around the perimeter of the parking lot in the front of the building; 4. The parking lot and landscaped areas shall be maintained by the owner. Any dying or dead plant materials shall be replaced; 5. Owner and applicant agree to the above conditions in writing. Seconded by Councilman Wiegert. Ayes - all. 3. Feasibility Study - Gervais Avenue, Kennard Street to White Bear Avenue a. Acting Manager Blank presented the feasibility study for improvements to Ger- vais Avenue, from Kennard Street to White Bear Avenue. The study was prepared by Schoell and Madson, Inc. (ordered April, 1978) in response to a petition received from Mr. Stan Wesson, owner of approximately 55 acres located west of White Bear Avenue and north of Gervais Avenue. The cost summary is based on existing assessment rates. Staff is currently - 15 - 9/7 preparing a recommendation to the Council as to any needed rate adjustment. Staff recommends the Council accept the feasibility study and establish a public hearing on the improvement at the regular Council meeting October 19, 1978. It is also recommended that the project be referred to the City Planning Commission for their findings as to compliance of the proposed improvement with the Compre- hensive City Plan. b. Councilman Wiegert introduced the following resolution and moved its adoption: 78 -9 -178 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare preliminary plans for the upgrading and relocation of Gervais Avenue between Kennard Street and White Bear Avenue, including the installation of watermains, streets, curb and gutter, and storm sewers, and all necessary appur- tenances; and WHEREAS, the said City Engineer has prepared the aforesaid preliminary plans for the improvement herein described; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on Gervais Avenue between Kennard Street and White Bear Avenue by the construction of watermain, curb and gutter, storm sewer and all necessary appurtenances and the upgrading and relocation of Gervais Avenue is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the costs of the improvement according to M.S.A. Chapter 429, at an estimated total cost of the improvement of $925,000.00. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Thursday, the 19th day of October, 1978, at 7:30 P.M. to consider said improvement. NOTICE OF HEARING OF IMPROVEMENT TO WHOM IT MAY CONCERN: WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota, deems it necessary and expedient that the improvement hereinafter described, be made; NOW, THEREFORE, notice is hereby given that the City Council will hold a public hearing on said improvement at the following time and place within the said City: Date and Time: Thursday, October 19, 1978 at 7:30 P.M. Location: Council Chambers of the City Hall, 1380 Frost Avenue The general nature of the improvement is the upgrading and relocation of Gervais Avenue between Kennard Street and White Bear Avenue, including the - 16 - 9/7 installation of watermains, streets, curb and gutter, and storm sewers, and all necessary appurtenances in the area described as follows: That area bounded by White Bear Avenue, T.H. 36, Kennard Street (extended) and Demont Avenue (extended) The total estimated cost of said improvement is $925,000.00. It is proposed to assess every lot, peice or parcel of land benefited by said improvement whether abutting thereon or not, based upon benefits received without regard to cash valuation. Persons desiring to be heard with reference to the proposed improvement should be present at this hearing. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 7th day of September, 1978. BY ORDER OF THE CITY COUNCIL /s/ Lucille E. Aurelius City Clerk, City of Maplewood Seconded by Mayor Greavu. Ayes - all. c. Councilman Wiegert moved to refer the project to the Planning Commission Seconded by Mayor Greavu. Ayes - all. 4. 1978 Diseased Shade Tree Removal Program a. Acting Manager Blank presented the staff report and further stated in consider- ation of the circumstances which were beyond the control of the contractor and which are a result of public opinion against the Ramsey County site, staff recom- mends that Council authorize a Supplemental Agreement amending the contract with Bluemel's, Inc. to incorporate the table of costs, and to require that the disposal site used by the contractor shall be the one which will result in the least cost to the City, and that payment shall be made based upon receipts from the actual cump site utilized. b. Councilman Wiegert introduced the following resolution and moved its adoption: 78 -9 -179 WHEREAS: A. The City Council of the City of Maplewood has heretofore ordered made Improve- ment Project No. 78 -6 and has let a construction contract therefor pursuant to Minnesota Statutes Chapter 429. B. Said construction contract was awarded on a unit price basis for a total con- tract price of $163,627.52. - 17 - 9/7 C. It is necessary and expedient that said contract be modified so as to include additional units of work at the same unit price at a cost of $11,130.00, which additional amount does not exceed 25% of the original contract price. D. Said additional units of work have heretofore been ordered made pursuant to subdivision 1 (or subdivision 3) of M.S.A. Section 429.031. E. A Supplemental Agreement, attached hereto and incorporated herein by reference, has been presented to the Council for the purpose of effecting such modification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINN- ESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract with respect to Project No. 78 -6 by executing said Supple- mental Agreement. Seconded by Councilman Fontaine. c. Councilman Wiegert moved that a ine them of the CitV'S Droblem resa Ayes - Councilmen Fontaine, Nelson and Wiegert. Nays - Mayor Greavu. Seconded by Councilman Fontaine. tes. Ayes - all. 5. Rehnberg's First Addition - Occupancy Request inform- a. Acting Manager Blank presented the staff report recommending the Council take no action on this matter. b. Mr. Gale Rehnberg, the developer, spoke on behalf of his request for occupancy of the homes in the Rehnberg First Addition prior to completion of the public improvements. c. No action taken. 6. Assessment Rates a. Mayor Greavu requested this item be tabled. b. Councilman Fontaine moved to table Item J -6 and that the matter be discussed at the 5:00 p.m. Monday Workshop session, September 11, 1978 Seconded by Councilman Wiegert. Ayes - all. 7. Senior Citizen Deferment Applications a. Acting Manager Blank stated that there are several applications for senior citizen deferments. Council has the authority to grant the deferments. If defer- ments are granted it is with 7% interest and subject to the regular Council defer- ment policy. 1. Elmer Nelson, 1896 Clarence Street, Water Improvement 75 -16 Councilman Wiegert moved to ence Street for deferment o the application of Elmer Nelson, 1896 Clar- 75 -16 assessment. Seconded by Councilman Fontaine. Ayes - all. - 18 - 9/7 2. G.E. Almleaf, 2747 Hazelwood - Water Improvement 75 -16 Mayor Greavu moved to grant a senior citizen's deferment to Mr. G.E. Almle 2747 Hazelwood Street, in the amount of $1,525.61 for Water Improvement No 75 -16. Code No. 57 29600 031 00. This deferment is subject to 7% interest Seconded by Councilman Nelson. Ayes - all. 3. Mr. R. Sandstrom, 1694 Lark Avenue, Water Improvement 75 -16 Mayor Greavu moved to deny the application of Mr. R. Sandstrom, 1694 Lark Ave - nue,_for s enior citizen deferment of the Water Improvement 75 -16 assessment Seconded by Councilman Fontaine. Ayes - all. 4. Mrs. Lenora McArdle, 2080 Prosperity Road - Water Improvement 75 -16 and County Ditch 17 Improvement 74 -18 Councilman Fontaine moved to grant the request of Mrs. Lenora McArdle, 2080 Prosperity Road. Code No. 57- 68100- 061 -06 for a senior citizen deferment of fV Seconded by Mayor Greavu. Ayes - all. is 5. Mrs. Celestine Murphy, 1764 Lark Avenue, Water Improvement 75 -16 and County Ditch 17 Improvement 74 -18 Councilman Fontaine moved to grant the request of Mrs. Celestine Murphy, 1764 Lark Avenue, Code No. 57 68800 012 12 for a senior citizen deferment of assess- ments for Water Improvement 75 -16 ($109.49) and County Ditch 17 Improvement 74 -18 ($245.22). This deferment is subject to 7% interest and is deferred under the regular deferment policy. Seconded by Mayor Greavu. Ayes - all. 6. William J. Gardner, 2480 Hazelwood Avenue, Water 75 -16 Mayor Greavu moved to deny the request of Mr. W.J. Gardner, 2480 Hazelwood Ave nue, for a senior citizen defer f Water Improvement 75 -16 assessments. Seconded by Councilman Fontaine. Ayes - all. 7. Mrs. Willa Stack, 2707 Hazelwood Avenue, Water Improvement 75 -16 Mayor Greavu moved to grant the request of Mrs. Willa Stack 2707 Hazelwood Avenue, Code No. 57 29600 050 00 for a Senior Citizen deferment for Water Tmprovement 75 -16 assessment in the amount of $1.192.14. This deferment is subject to 7% interest and is deferred under the re Seconded by Councilman Nelson. Ayes - all. 8. Park Improvements a. Bike Rack - 19 - 9/7 1. Acting Manager Blank stated staff has found that there is a great need for bike racks at the Nature Center and tennis courts. We need three at the Nature Center; one at each gate where a bike can be chained up while you walk through the Center. We are about to post the Council adopted rules which in- clude no bikes in the Nature Center. Each of the four City tennis courts locations are also attracting large numbers of bikers. It is important to keep bikes off the courts because their kick stands will leave holes in the asphalt on hot days. Staff suggests the Council authorize the purchase of seven bike racks at a total cost of $1,500. We have money for this purchase in our Commercial PAC Funds. The Park Commission approved this purchase at their August 14th meeting. 2. Councilman Wiegert moved to authorize staff to purchase seven bike racks IG Seconded by Mayor Greavu. Ayes - all. b. Gethsemane Parks 1. Acting Manager Blank stated the 1978 Park budget includes $6,000 for im- provements at Gethsemane Park. These improvements are for a parking lot, patio, sidewalk, trees, shrubs, sod, etc. The bids on the work have been running higher than anticipated. Therefore, we recommend the Council authorize the expenditures of $2,000 out of the Beaver Lake PAC account to complete this pro- ject. The Park and Recreation Commission at their regular meeting of August 14th approved this expenditure. 2. Mayor Greavu moved to authorize an expenditure of $2,000 from the Beaver Lake PAC account to complete the Gethsemane Park improvements. (1978 Park Budget included $6,000; the $2,000 to be added for a parking lot, patio, side- walk. trees. shrubs. sod. etc.) Seconded by Councilman Wiegert. Ayes - all. 9. Hours of Park Operation a. Acting Manager Blank presented the staff report and stated staff suggests the Council adopt the code amendment allowing people to play tennis in a City park past 11:00 p.m. This fall we would propose to regulate the time controls so that Four Seasons Park would shut down at 11:00 p.m.; Afton Heights Park at 12:00 p.m.; and Maplewood Heights Park at 1:00 p.m. This experiment will allow us to monitor the court use and get feedback from local citizens at each location. b. Councilman Wiegert moved first reading of an ordinance to amend the ordinance concerning park hours as recommended Seconded by Councilman Fontaine. Ayes - all. 10. Heavy Equipment Mechanic - 20 - 9/7 a. Acting Manager Blank presented the staff report and stated it is recommended that the position of Heavy Equipment Mechanic be authorized. b. Councilman Nelson moved that the position of Heavy Equipment Mechanic be authorized. Seconded by Councilman Fontaine. Ayes - all. 11. 1979 Budget a. Acting Manager Blank presented copies of the proposed 1979 Budget. It is recommended that the following be scheduled: Sept. 19th - 7:30 p.m. - Heritgae 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. b. Councilman Wiegert moved to schedule the following: Sept. 25th - 7:30 p.m. - Heritage Center Shirt Sleeve Session Sept. 28th - 7:30 p.m. - Heritage Center Shirt Sleeve Session Oct. 5th - 7:30 p.m. - Council Chambers Public hearing and adoption of budget The firemen are invited to the September 28th meeting. Seconded by Councilman Nelson. Ayes - all. 12. Union Contract - Police 320 a. Acting Manager Blank stated the contract had been completed and ready for signatures. b. Mayor Greavu moved to accept the Police 320 Union Contract as recommended and authorize the necessary official to sign the contract Seconded by Councilman Wiegert. Ayes - all. 13. Comprehensive Sewer Plan Amendment - Rehnberg's First Addition a. Acting Manager Blank presented the staff report and presented two resolutions for adoption. b. Mayor Greavu introduced the following resolution and moved its adoption: 78 -9 -180 WHEREAS, those lands in the NE4 of the NW- Section 14, T 29, R22 lying northwesterly of the Minneapolis, St. Paul, and Sault Ste. Marie R.R., except the - 21 - 9/7 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 NE4 of the NW-4 of Section 14, T 29, R 22, lying northwesterly of the Minneapolis, St. Paul, and Sault Ste. Marie RR, 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. Seconded by Councilman Wiegert. Ayes - all. C. Councilman Wiegert introduced the following resolution and moved its adoption 78 -9 -181 WHEREAS, those lands in the NE4 of the NW-4, Section 14, T 29, R 22 lying northwesterly of the Minneapolis, St. Paul, and Sault Ste. Marie RR, 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 main- tenance responsibilities for all lateral sanitary sewer mains connecting to 1 -14W -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 agree- ment be entered into by and between said Cities in accordance herewith. Seconded by Mayor Greavu. Ayes - all. K. COUNCIL PRESENTATIONS 1. Resolution - Maplewood Awareness Week a. Acting Manager Blank presented the staff report. - 22 - 9/7 b. Councilman Wiegert introduced the following resolution and moved its adoption: WHEREAS, the City of Maplewood is proud of its many Civic Clubs and Organ- izations and the many residents 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, Maplewood 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 10 be declared Maplewood Awareness Week at the Maplewood Mall to actively support and encourage the many Civic Clubs and Organizations in Maplewood. Seconded by Councilman Fontaine. Ayes - all. 2. Temporary Mobile Home Permit - 2018 Hazelwood a. Acting Manger Blank stated during the "shirt sleeve" City Council session on September 5, 1978, the Gladstone Fire Department received a fire alarm to a house on fire at 2018 Hazelwood. The upper floor of the house was completely involved when the first fire units arrived. Due to the extent of the damage, the residents have been temporarily housed elsewhere. Today they have submitted an emergency request for consideration for permission to place a mobile home for temporary occupancy on their premises. Staff recommends their request be approved with the following conditions: 1. A time limit of 90 days be established. 2. The mobile home have temporary sewer, water and electrical connections to meet appropriate codes. 3. The mobile home be located on the applicant's lot so as to clear street right of way. 4. The applicant submit a site plan showing acceptable location of trailer to Staff for approval prior to its being placed on premises. b. Mayor Greavu moved to grant a Temporary Mobile Home Permit for Mr. and Mrs. Verhaagh , 2018 Hazelwood Avenue subject to the following conditions 1. A time limit of 90 day be established; 2. The mobile home have temporary sewer, water and electrical connections to meet appropriate codes; 3. The mobile home be located on the applicant's lot so as to clear street right of way; 4. The applicant submit a site plan showing acceptable location of trailer to staff for approval prior to its being placed on premises. Seconded by Councilman Wiegert. Ayes - all. - 23 - 9/7 3. Notification - Change of Assessment a. Councilman Nelson questioned if everyone was notified who had a correction or adjustment to their assessments. b. Staff stated they are in the process now. 4. Ad For Manager a. City Attorney Lais presented an ad for Manager. b. Council directed him to publish the ad. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 11:44 P.M. City' Clerk - 24 - 9/7 NOTICE OF PUBLIC HEARING ALLEY VACATION Notice Is hereby given, that the Maplewood City Council at its meeting of Thursday, October 19, 1978 at 7:90 p.m. In the Council Chambers of the Maplewood Municipal Building located at 1080 Frost Avenue, Maplewood, Minnesota will consider and publicly hear remarks regarding a proposal to vacate Barclay Street, between Laurie Road and Cope Avenue. ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD.. CI Se MAPLE WOOD, MINNESOTA / (Review: Sept. t. 11, 19]8) J r r Action by Council:; Endorsed__ Modi:f] ed,___ Ee J e cted., ______,_„_ NOTICE OF PUBLIC HEARING ALLEY VACATION Notice is hereby given, that the Maplewood City Council at its meeting of Thursday, October 19, 1978 at 7:30 P.M. in the Council Chambers of the Maplewood Municipal Building located at 1380 Frost Avenue, Maplewood, Minnesota will consider and publicly hear remarks regarding a proposal to vacate Barclay Street, between Laurie Road and Cope Avenue ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD CITY OF MAPLEWOOD, MINiNESOTA MEMORANDUM TO: Mayor and City Council FROM: Acting City Manager SUBJECT: Street Vacation LOCATION: Barclay Street, Between Laurie Road and Cope Avenue APPLICANT: James G. Liptak DATE: September 14, 1978 Request The applicant is requesting approval of a street vacation for Barclay Street, between Laurie Road and Cope Avenue. Existing Land Use The right -of -way is undeveloped, except for a well worn pedestrian trail and a gravel drive to the garage at 1486 Cope Avenue. Surrounding Land Uses The surrounding properites are developed with single dwelling homes. Past Actions 1. A proposed street vacation for the undeveloped portion of Barclay, between Lark Avenue and Cope Avenue, was denied on July 19, 1973. 2. The request was denied because the vacation would "limit Village alternatives and future design of storm sewers and limits what is now a public thoroughfare of sorts ". Planning Considerations 1. The zoning surrounding the subject street is R -1, Single Family Residential. 2. The Comprehensive Plan has designated that this area develop as RL, Low Density Residential. 3. Section 412.851 of State Statutes states that, "The Council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, .on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four - fifths of all members of the Council. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing pre- ceded by two weeks' published and posted notice. After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof and a description of the real 1 �3i,. estate and lands.affected thereby. The notice shall be presented to the County auditor who shall enter the same in his transfer records and note upon the instrument, over his official signature, the words "entered in the transfer record." The notice shall then be filed with the county recorder. Any failure to file the notice shall not invalidate any such vacation proceedings." Public Works Considerations 1. The undeveloped stretch of Barclay, between Cope Avenue and Laurie Road, is not needed for traffic circulation. 2. There is a water main in the Barclay Street right -of -way, between Lark Avenue and Laurie Road. A 30 foot utility easement should be retained for maintenance of the water line or installation of a future storm sewer. P ublic Safeiy Considerations 1. If the street is vacated, steps should be taken to eliminate the existing curb cuts to prevent potential accidents and "Short- cutting" of traffic. 2. The Director of Public Safety recommends that dead end barricades be erected. The Director of Public Works feels that the curbing will be adequate and barricades are unnecessary. This would then become a standard "T" inter- section. Curbing would be installed by the City. Analysis Staff feels that Barclay Street should be vacated between Laurie Road and Cope - Avenue for the following reasons:: 1. Barclay Street is not needed for transportation purposes. Hazelwood Street and Birmingham Street provide adequate through traffic between County Road B - and Cope Avenue; 2. To develop Barclay Street as an improved roadway would not be feasible. The properties abutting it are corner lots and would receive only a marginal side lot assessment for the improvements. In vacating this two block piece of Barclay Street, the City should retain a 30 foot walkway and utility easement. The utility easement is needed, because of a water line buried under Barclay Street, between Laurie Road and Lark Avenue. There is no immediate plans for storm drainage on Barclay Street between Laurie Road and Cope Avenue. The easement would give us the fexibility to install it in the future -if -the need would arise. The walkway 'easement is needed to allow pedestrian access between homes on the north side of Cope Avenue and homes to the south. There is a well worn path that attests to the need for this easement. Since State law requires that no vacation shall be made, unless in the public interest, the above easement should be retained. This easement should resolve the objections made in the 1973 denial. Barclay Street, although unimproved, is denoted by curb cut openings on Cope Avenue, Lark Avenue, and Laurie Road. For traffic safety reasons, the City Will eliminate these and continue curbing across the street openings. .,.. 2 Reconumendat•i on Approval to'vacate Barclay Street, between Laurie Road and Cope Avenue, based on there being no public need to develop it as a public thoroughfare as outlined in the Analysis section above and subject to the City retaining a 30 foot walkway and utility easement 3 ' ,j NOTICE- OF PUBLIC HEARING ALLEY VACATION Notice is hereby given, that the Maplewood City Council at its meeting of Thursday, October 19, 1976 at 7:30 P.M. in the Council Chambers of the Maplewood Municipal Building located at 1360 Frost Avenue, Maplewood, Minnesota will consider and publicly hear remarks regarding a proposal to vacate Barclay Street, between Laurie Road and Cope Avenue ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD CITY OF MAPLEWOOD, MINNESOTA TY I I LI V«'r � IrV rc L!a'J I(IL II U. QO 25 U41��1 S7 r AV E.����� !)5 o JUI<OTION AVE w �RU RKE m AVE.J o OU Y.0 .I ry FLORIDG C Jl AVE. yam' e U J ccA IJ trey /4C � IJf LIh_0_fi T ¢ AVE.w V`1 rt $K\ I ISKILLI /A �A2 AVE - MAR RIS "ti S�% / I F• ROSE LN000 AVE. O RY_AUJ � RYI hIJIJ • p -( P r• f? AVF U 28 P I:O m m V, J J I 1 FF N� OtJ AVE.', SU��.Ir jl pR rtV [u,I O '1� a CIR4 N 4� 1 4 W Y U IJ J p W 1 C01..Trni a. FRISDIE AV E. J y \ ,. � i I r '�`;�I L4f s \�(RIPh EY I PI/ In sr, o _o w __" 'L3 x Uc rholon \� \ n -1 J PRI (t_E_ AVrj 1 AI i2P `C IJ f(J rj ... L �U l _ AVE 1f` l I I James G. Liptak PETITIONER �STREET VACl1TI0N � REQUEST 9 -14 197II L SA J'G,.... I V 1.1 I jr, I I, I., il 11) 20 — 'cl 0 P E— [jr f Z2 31 I. I 4 I� T + zz "m � i f, lu i, -A l 3. z < il�l 00 JAMES G. LIPTAK )ETITIONER STREET VACATION iEQUFEIST V Ll 1:4 :4 25 �l - Is LOU ii I 1 fi .., f - 1 I r, 9- 78 14- DATA p [SCALE ' o V 1.1 I jr, I I, I., il 11) 20 — 'cl 0 P E— [jr f Z2 31 I. I 4 I� T + zz "m � i f, lu i, -A l 3. z < il�l 00 JAMES G. LIPTAK )ETITIONER STREET VACATION iEQUFEIST V Ll 1:4 :4 25 �l - Is LOU ii I 1 fi .., f - 1 I r, 9- 78 14- DATA p [SCALE ( 1. RE 11ES1': DA'Z'E RECEIVED: 7 i Public Street Vacation ` (Check Appropriate fox Which Public Alley Vacation L Indicates Your Request) Public Easement Vacation1 1 Public Grounds Vacation F-3 2. Applicant's Name. L�J/)I� Address: ` -f- tr?�(� ( '_ l Telephone: (Wor.k ) (- <5-3�- •'�/.:�.1 3. Include a separate statement explaining your reasons for requesting this vacation and why such vacation would be in the interest of the public. 4. Include a certified abstractor's list of all the property owners and their mailing addresses, that directly abut the proposed vacation. 5. Include the following petition: PETITION DESCRIPTION AND SIGNATURES We, the undersigned, being a majority of the owners of land abutting on the (street), (alley), (public easement), (public grounds) or part thereof legally described as: and legally designated as: do hereby petition the City Council of Maplewood, Minnesota, to vacate the above described area. _ Name. (Please print or ty j Abst ractor 's List No. 0 July 13, 1978 Mr. Geoff Olson City of haplewood yaplewood, Minnesota Dear Mr. Olson: The following are the reasons we are requesting the property be vacated: 1. The property is a hazard to adjoining property oi-mers as iaell as sore of the children that play in the area. 2. Both teenagers and adults use it to dump beer cans and trash which also finds its way into our yard as well as the adjoining families. 3. We intend to build a double garas - e adjoining our house w high at present cannot be done unless the said property is vacated. All arrangements have been made to upgrade the property pending the city's approval. Sincerely yours, Marianne (Shortridge) Liptak rr Secretary Olson said yes and he does agree to the rezoning. Commissioner Pellish asked if the owner to the west should also join in the petition or present his petition for a zone change so it would not have to be reviewed again by the Commission. Secretary Olson said the zone change for the property, 1111 E. County Road C, is initiated by Staff, therefore it is not necessary for that owner to submit a separate application. The public hearing notice would include both parcels for zone change. Commissioner Howard Residential of those Darts of 1111 E. Countv Road C and 11 be ,prope rties. Commissioner Pellish seconded Ayes all. 9. OLD BUSINE A. Street Vacation - Barclay Street (Liptak) Secretary Olson said the applicant is requesting approval of vacation of Barclay Street from Laurie Road to Cope Avenue. The Commission previously reviewed a request for vacation of just a portion of this street, 130 to 133 feet of right -of -way from Laurie Road north. The Commission at that time asked the applicant to expand on his petition to Cope Avenue. There is presently a well worn pedestrian trail across the right -of -way. Staff is recommending vacation of the street, subject to retaining a 30 foot walkway- utility easement. Jim Liptak, 1487 E. Laurie Road, said he started the petition. He did researched with the State of Minnesota as to proposals for Hazelwood and traffic flow projected through 1983. He said they have no specific studies proposed until after 1983. In 1970 or 1973 there was a brief study done on the possible location of an interchange at Hazelwood and Highway 36. The plan that was approved at that time was to have a bridge constructed over Highway 36 for Hazelwood. This would not be constructed prior to 1990's. Therefore, traffic flow will not be affected by vacation of this portion of Barclay Street. The idea of this petition was to get away from the nuisance that exists with the walkway. They have also been maintaining the property. Raymond Robertson, 1470 Lark, said he wished the vacation of the street to keep cars from driving through. There have also been motorcycles going through. He has also had a problem with vandalism. He thought if a walkway would be installed, the problem would still exist. Shirley Linanski, 1486 Cope, said she would also like the street vacated. Dennis Peterson, 1480 Lark, said he would like to see the vacation approved. lie has had vandalism at his property. Mr. Liptak said he did talk with Owens Family and other families, they also wish the vacation approved. 2 .Chairman Prow asked if the petitioners p Nperty all abut Barclay Street right -of -way Mr. Liptak said yes, the only person that has not signed is a Mr. Doyle who owns a vacant lot. Ile said the petitioners do not want the walkway as there will still be a problem with policing and maintenance. Secretary Olson described for the petitioners what type of walkway was recommended in the DeMars Plat when they vacated a portion of Arkwright Street. There is no planned walkway for the Barclay area now, if there is a walkway easement, it would have to be left open for pedestrian access. Commissioner Howard asked if the City have thought of installing posts to prevent vehicular traffic from going through. Secretary Olson said yes, in the DeMars Plat a post was installed to discourage traffic. There would be curbing installed which would also discourage traffic. Mr. Liptak said if a walkway is constructed as outlined by Mr. Olson, he would not object to that type. Commissioner Pellish i1Wed _the Planni Comm ission recommend t o the B. Preliminary Plat, PUD, Street and Alley Vacations - English Manor (AR -MON Properties) Secretary Olson.said the applicant is requesting approval of a planned unit development, preliminary plat and vacation of several streets and alleys to develop the property in the area of English Street and County Road B. The property is located both on the north and south sides of County Road 13. The project would consist of 12 double bungalows and 12 four- plexes or a total of 72 units. The proposed development would not exceed the densities of the Comprehensive Plan as it is calculated to be 14.7 people per acres. Staff is recommending approval of the preliminary plat subject to the conditions outlined in their report. Street and alley vacations are to be approved if the final plat is approved. Planned Unit Development is also recommended for approval if the final plat is approved Commissioner Howard asked if there should be a sidewalk along the east side of Clarence and County Road B to provide safety for school children. Secretary Olson said it has not been practice to put a sidewalk on a local type street with low traffic. The Transportation Plan is to outline where sidewalks should be installed for pedestrian safety. Commission Howard said he thought rather than the fourplex at English and County Road 13 it should be a double bungalow to provide a better transition to the single family adjacent to it. 3 Commissioner Kishel seconded Ayes all NOTICE IS I ITICCCO GIMENR eO hlhg I CPUn .. cil el its mpeNn4 of Thursday. Oclolxrv�l9d, 1998, pl >;30 the Council Chambers of the MaPlewoptl Municipal fiuiltling, locafetl at 1 a Frost Avenue, Maplewood, Minnesota, will consider and publicly hear the reeuesl for a kennel license for: Applicant: - Jim IV , and Gloria E. Thelin 2219E Larpenteur Avenue MaPlewood, Minnesota 55109 Proposal: Made Only. a maximum of d adult dogs for show pun Location: 1219 E. Larpenteur Maplewood, Minnesota 55109 to al endrand be hearrl.ferest in this matter are Invited (Review: OcGifyof MaPlewood,Minnesofa l. 11, 1910) Action by Council: Endorse3d —_ _.._._a U0 d i.i'i. e d..___., Re,jeoi:ed. nit o_..._�...._....�.� 1611? ___. J,' 3 J a MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: ACTING CITY 14ANAGER SUBJECT.: APPLICATION FOR KENNEL LICENSE DA'Z'E: OCTOBER 13, 1975 Jimmy W. and Gloria E. Thelin, 2219 E. Larpenteur Avenue, have applied for a small kennel license to house (4) four dogs. M.A.P.S.I. has made the necessary inspection and the report is attached. The neighbors in the area have been notified of the public hearing. , APPLICATION FOR DOG KENNEL LICENSE DRESS -I fr -Q 2. �Y + ✓'1<< (lC 11\a SIO :LEPIIONE NLABER ,ME OF KENNEL /_ IG - 1 r- T ESENT 'ZONING OF PROPERTY 01 WHICH KENNEL IS LOCATED ',GAL DESCRIPTION OF PROPEI:TY ON WHICII KENNEL IS LOCATED p ew t -eAA - 4 -tv0 PACITY OF KENNELS (BY NUMBER OF ANIMALS) Y-OM tvvl L4 ND OF SERVICES PROVIDED N U ALITICATIONS AND EXPERI1 OF APPLICANT FOR OPL'RATINC KENNEL BUSINESS w I 1 N 01 d I A) o se j 1inl ,- — 1 CC.r.e -Cd, .. SKN,10'i ON -`I, ijrec.d• dF �� 15 1 �j O ( ?Oi �� 1 �(SS(A ' I WOW \ c�(,v'd HARKS U1 c n �D 0 eG.&., V� , —11'k v e undersigned applicant makes this application pursuant to all the laws of the State of nnesot and such rules and regulations as the City Council of the City of Maplewood may om t'i. me to time prescribe. 'FE //, c / b� , 19 7A . tA SIGNED k,k -e., proved by the City Council. on the clay of , 19 _ proved by the City Clerk on .the day of _ 19 e 1'aitl +._�__ _.__ _ . l)at:e �_ ___ ltacai.pt No. N0TICL-: OF 11L:ARIiN6 l lurlCL IS IILRLI�Y GIVOW THAT THF; I 'lAPI..EW00D CITY COUNCIL AT ITS MEETING OF THURSDAY, OCTOBER, 19, .1.916, AT Mu P,M,, IN_ I'IA COUNCIL CHAMBERS OF THE I,'�APLLlV00ll f'IUNICIPAL B UILDING, I_OCAi . AT li8U I'RQST AVENUE, PLEI'd00D, 11f.NNESOTA, WILL CONSIDER AND PUBLICLY HEAR THE REQUE=ST FOR A KENNE=L LICENSE 1"018: APPLICF'> M JIM lv,_ Am) GLORIA E, TI -IELIN 2119 L , LARPENTEUR AVENUE flkPLEWOOD, FIINNESOTA 55192 PROPOSAL: To HOUSE A MAXIMUM OF 4 ADULT DOGS FOR SHOW PURPOSES ONLY, LOC ATIOd: 2219 E. I.ARPENTEUR FIAPLEWOOD, MINNESOTA 55100 ANY 11-RSOfNS HAVING Il LRLST IN THIS PKrU ARE Il'NVITED TO NI AND BE I04T CITY OF ITAPLEWOD, MINNNESOTA PUBLISH: NIAPLEWOOD REVIEW — OCTOBER 11, 1918 I } n t n n LIST OF PROPERTY OWNERS TO BE NOTIFIED FOR DOG KENNIil, LICENSE: Cecil L. Anderson 2243 E. Larpenteur 55109 Fred Otta Maack 1.695 N. Howard 55109. Dorothy 2].79 E. Casimer 2225 E. Lyta M. 1700 Ho Gallagher Larpenteur 55109 & Rita Willard Larpenteur 55109 Kelly yard 55109 Franklin E. Truax 1702 Howard Avenue 55109 Applicant: Jim & Gloria Thelin 2219 E. 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B a V Im Z �5 _ NOTICF.Of HEARING NOTICE OF HEARING OI °IMPROVEMENT - OF IMPROVEMENT TO WHOM IT MAY CONCERN: 10 WHOM IT MAY CONCERN: WHEREAS, the City Council of the City of WHEREAS, the City Council of the City Of Maplewood, Ramsey County, Minnesota, deems It Maplewood, Ramsey County, Minnesota. dooms it necessary and expedient that the Improvement necessary and expedient Ihat file Improvement hereinafter described, he made, hereiwller described, he made, NOW, THEREFORE, radicals hereby given that the NOW, THEREFORE, notice is hereby given that the City Council will hold a public hearing on said im. City Council will hold a public hearing on said an provement at the following time and plate within the provemenl at the following time and place Within the said City: said City: Data and Time: Thursday, October 19, 1978 at 7:70 Data and Time: Thursday, October 19, 1978 at 7:70 p: p.m. Location: Council Chambers of the City Hell, 1780 Location: Council Chambers of the City Hall, 1780 Frost Avenue Frost Avenue The general nature of the improvement is the The general nature of the improvement is the upgrading and relocation of Gervais Avenue between upgrading and relocation of Gervais Avenue between Kennard Street and White Bear Avenue, including the K canard Sl reel and White Bear Avenue including the Installs l ion of watermams, streets, curb and gutter, and I nstal let ion of Waterloo i us, sl reets, curb and gut ter, and storm sewers, and all necessary appurtenances in the storm sewers, and all necessary appurtenances in the area described as follows: area described as follows: That area bounded by White Bear Avenue, T.H. 76, That area bounded by White Bear Avenue, T.H. 76, Kennard Street (extended) and Demont Avenue (ex. Kennard Street (extended) and Demont Avenue lox tended) tended) The total estimated cost of said Improvement is The total estimated cost of said improvement Is $925,000.00. 5925,000.00. It Is proposed to assess every lot, piece or parcel of It is proposed to assess every lot, piece Or parcel of land benefited by said Improvement whether abutting land benefited by said improvement whether abutting thereon or nol, based upon benefits received without thereon or not, based upon benefits received WilhOut regard to cash valuation. - regard to cash valuation. Persons desiring to be heard Wilh reference to the Persons tlesiring to be heard with reference to The proposed improvement should be present at this proposed improvement should be present at this hearing. hearing. This Council proposes to proceed under the authority This Council proposes to proceed under the authority granted by Chapter 479 M.S.A. granted by Chapter 429 M.S.A. Dated this 7th day of September, 1978. Dated this 7th day of September, 1978. BY ORDER OF THE CITY COUNCIL BY ORDER OF THE CITY COUNCIL Lucille E. Aurelius Lucille E. Aurelius City Clerk City Clerk City of Maplewood City of Maplewood (Review: Oct. 4, 11, 1978) (Review: Oct. 4, 11, 1970) — Action. by Counciln Endorsed..._— .— Ma d.i.f i e d._...______ MEMORANDUM TO:, Mayor and City Council FROM: Acting City Manager SUBJECT: Feasibility Study - Gervais Avenue, Kennard Street to White Bear. Avenue DATE: October 13, 1978 The Council has previously reviewed the feasibility study for improvements to Gervais Avenue, from Kennard Street to White Bear Avenue (please bring copies to October 19th meeting). The study was prepared by Schoell and Madson, Inc., in response to a petition received from Mr. Stan Wesson, owner of approximately 55 acres located west of White Bear Avenue and north of Gervais Avenue. The cost summary presented in the feasibility study reflects past assessment rates. The project will be presented at the public hearing using adjusted assessment rates as previously discussed by the Council. Staff concurs with the recommendation of the consulting engineer that the project is feasible and recommends that the project be ordered as proposed in the feasibility report. fl NOTICE OF PUBLIC HEARING REGARDING PETITION FOR CHARGE IN ZONING OISIRic r CLASSIFICATION Notice is hereby given Ihal the Maplewood City. Council will conduct a public hearing on Thursday, October 19, 1918 at ): nS P m. in the Comlcil Cllambers of the Maplewood Municipal Building located at 1390 Prost Avenue, Maplewood, Minnesota. iha Purpose of said hearing shall be far the City Council Io publicly hear and consider all remarks regarding a Petitioned change in zoning district Classification filed by: APPLICANT: - -' Linn Mills, 1111 E County Road C, Maplewood, Minnesota 55109. REQUESTED ZONING CLASSIFICATION: R_l, Single Family Residence EXISTING ZONING CLASSIFICATION: _ M 1, 1Igb1 Manufacturing PROPOSED REZONE PROPERTY DESCRIPTION: Subject to County Read C the E ]0leet of W Vo of S W 4 of SE to of Section 4, Township 49 Range 99. Subject to County Road C In' W 10 feet of the E 140 feel of W !h of SW 1 4 of SE V , of Section 4, Township 29, Range PP MORE COMMONLY DESCRIBED AS: 1111 E. County Road C 1111 E. County Rood C ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD. CITY OF MAPLE WOOD, MINNESOTA (Revia%v: Sept. 99, Oct. 4, 19181 Action by Couna9. ., Endorsed._,. ,. ____„ Mod.i%ier{„ y y..4. Ro j ected._,.„„,_.,,. — ' NOTICE_ OF PUBLIC NEARING REGARDING PETITION FOR CHANGE IN ZONING DISTRICT CLASSIFICATION Notice is hereby given that the Maplewood City Council will conduct a public hearing on Thursday, October 19, 1978 at 7:45 P.M. in the Council Chambers of the Maplewood Municipal Building located at 1380 Frost Avenue, Maplewood, Minnesota. The purpose of said hearing shall be for the City Council to publicly hear and consider all remakrs regarding a petitioned change in zoning district classification filed by: APPLICANT: Leon Mi11s 1117 E. County Road C Maplewood, Minnesota 55109 REQUESTED ZONING CLASSIFICATION: EXISTING ZONING CLASSIFICATION: PROPOSED REZONE PROPERTY DESCRIPTION MORE COMMONLY DESCRIBED AS R -1, Single Family.Residence M-1, Light Manufacturing Subject to County Road C the E 70 feet of W 1/2 of SW 1/4 of SE 1/4 of Section 4, Township 29 Range 22. Subject to County Road C the W 70 feet of the E 140 feet of W 1/2 of SW 1/4 of SE 1/4 of Section 4, Township 29, Range 22 1111 E. County Road C 1117 E. County Road C ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD CITY OF MAPLEWOOD, MINNESOTA x 0 .. ' MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: DATE: Re ugest Mayor and City Council Acting City Manager Zone Change (M -1 to R -1) 11'17 E. County Road C Leon Mills September 14, 1978 The applicant is requesting approval to rezone a portion of his property presently zoned 11 -1, Light Industrial to R -1, Single Family Residential. Staff is requesting that the small 11-1 zoned portion of the adjacent lot to the west also be rezoned to R -1. Existing Land Use 1. There are two parcels involved. Each is occupied with a single family dwelling. 2. The subject parcels are deep lots measuring 70 by 1284 feet and have lot areas of 2.07 acres each. Proposal 1. The applicant is proposing to change the zoning of the southerly end of his property at 1117 E. County Road C from M -1 to R -1. 2. Staff is proposing that the southerly end of the parcel at 1111 County Road C also be rezoned from M -1 to R -1. Surrounding Development Northerly: Undeveloped Land Southerly: County Road C and Single Family dwellings Easterly: Undeveloped land and Highway 61 Westerly: Single family dwellings Planning Considerations 1. The southerly portions of both lots (the developed areas) are zoned M -1, Light Industrial and R -1, Single Family Residential (see map). The remaining northerly portions are zoned F, Farm Residential 2. The Comprehensive Land Use Plan designation for the portions of both lots proposed for the rezoning is Rm, Medium Density Residential. The northerly portions are designated as OS, Open Space. 3. The applicant is planning on building a garage on his property at 1117 E. County i3oad C in the M -1 zoned area. Since residential uses are not permitted in an M-1 zone, the applicant's dwelling is a nonconforming building and use. 4. Section 915.010 (11) of the City Code defines a nonconforming building or use as, "A building or a use of land or of a building existing at the effective date of this ordinance, which does not conform with the require- ments of this ordinance, or a use authorized undero9ll hereof." 5. Section 912.010 (5) dealing with the extension "No existing building or premises devoted to a in which such building or premises is located, order shall be enlarged, extended, reconstruct altered unless the use thereof is changed to a in which such building or premises is located, of a nonconforming use states, use not permitted in the district except when required by law or 2d, substituted or structurally use permitted in the district except as provided herein." 6. The applicant, therefore, must get the M -1 zoned portion of his property rezoned to R -1 in order to construct the new garage. Analysis The proposed rezoning is consistent: with the City's Land Use Plan and would allow the applicant better use of his property. Staff is also recommending the rezoning of the adjacent M -1 land to the west. To leave that small triangular portion of land zoned M -1 would be contrary to the Comprehensive Plan and be of no value as industrial property. Recommendation Approval of the proposed zone change from M -1 to R -1 for both of the subject parcels. Z& 2 NOTICE OF PUBLIC HEARING REGARDING PETITION FOR CHANGE IN ZONING DISTRICT CLASSIFICATION Notice is hereby given that the Maplewood City Council will conduct a public hearing on Thursday, October 19, 1978 at 7:45 P.M. in the Council Chambers of the Maplewood Municipal Building located at 1380 Frost Avenue, Maplewood, Minnesota. The purpose of said hearing shall be for the City Council to publicly hear and consider all remakrs regarding a petitioned change in zoning district classification filed by: APPLICANT: Leon Mills 1117 E. County Road C Maplewood, Minnesota 55109 REQUESTED ZONING CLASSIFICATION: R -1, Single Family Residence EXISTING ZONING CLASSIFICATION: PROPOSED REZONE PROPERTY DESCRIPTION: MORE COMMONLY DESCRIBED AS M -1, Light Manufacturing Subject to County Road C the E 70 feet of W 112 of SW 1/4 of SE 1/4 of Section 4, Township 29 Range 22. Subject to County Road C the W 70 feet of the E 140 feet of W. 1/2 of SW 1/4 of SE 1/4 of Section 4, Township 29, Range 22 1111 E. County Road C 1117 E. County Road C ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD CITY OF MAPLEWOOD, MINNESOTA 14 LEON MILLS T-Tl 10NER ZONE CHANGE EQUEST T 9 -14 -78 11=SCALE o a� I 0 N 0 'i i �1 Od DIP* 14. Z9 P<. �'. 6- I LI I N , N N I T.W 1.b1 et. rn N N o l8 j .94oc. I � I. h � OIO l9 r 82 �Zo< LL IFPEI "" t g 9 f �1 1 � 0 I` K C6 Cj ( 1 I3S ✓: IQO. 4 .0 I Ll �.� No ncceSS - rd 0 .a rLM1 !O N �d0.__. -. —.�; _.— ._�^" -- ------------ 4 �; a f�a N N A. N W�62D tffiYU.xaPSna c a I_ a ° ' H L .�l •t Od DIP* 14. Z9 P<. �'. 6- I LI I N , N N I T.W 1.b1 et. rn N N o l8 j .94oc. I � I. h � OIO l9 r 82 �Zo< LL IFPEI "" t g 9 f �1 1 � 0 I` K C6 Cj ( 1 I3S ✓: IQO. 4 .0 I Ll �.� No ncceSS - rd 0 .a rLM1 !O N �d0.__. -. —.�; _.— ._�^" -- ------------ �; a f�a Il ham✓ c a ° ' H .�l •t . J1 N N 7, r LEON MILLS ?ETI T'IONER ZONE CHANGE TOUEST C D II ATE [csSS vu • ^'ImStt"�•Sty. rv$3} .?zPjle'Rxn>a fa��.. i ADJO'TNING PROPERTY OWNER RE'I.ONE PETITION ( PETITION I a 1 f.11 We, the undersigned property owners collectively represent 50% or more of the adjoining property owners within 200 feet of the requested rezone property described on the attached application in accordance with Section 915..01.0 of the Maplewood Municipal Code. -­we petition the Mapl ' City Council f'o change 171n official zoq.ng clas,9if cation on the attached described property from l �� _ zoning to R �� zoning -. Our names can be verified, as legal constituted land owners, on the certified abstract (listing owners of land within 350 feet of the requested rezone area) which is required to be filed - conjunction with the rezone application and this petition. The written signature of any person's name on person's understanding of the proposed zone, ment for approval of such change. SIGNATURE this petition is indication of that the proposed location and an endorse— PRINT NAME nwi4ly L'. C(�vcJ i�3�s . ABSTRACT CERT. LIST NO. _J A MES � L/_ 1u �A MINUTES OF THE MAPLEWOOD PLANNING COMMISSION MONDiIY, SEPTEMBER 18, 1978, 7:30 P.M. 1380 FROST AVENUE, MAI) L[WOOD,MI:NNESOTA 1. CALL TO ORDER Vice Chairman Prew called the meeting to order at 7:30 P.M. 2. ROLL. CALL ........ Commissioner Lester Axdahl Absent Commissioner Richard Garrett Present Commissioner Paul Ellefson Absent Commissioner Lorraine Fischer Present Commissioner William Howard Present Commissioner Edward Kishel Present Commissioner Beverly Kroiss Present Commissioner Joseph Pellish Present Commissioner Duane Prew Present (Chairman) Commissioner Kenneth Rossow Absent Commissioner Gary Sherburne Absent 3 . APPROVAL OF MINUTES 4. APPROVAL OF AGENDA Commissioner Barrett moved ap proval of the agen as presente Commissioner Kishel seconded Ayes all. 5. PUBLIC HEAR 6. VISITOR PRESENTATIONS 7. COMMUNICATIONS 8. NEW B A. Zone Change (M-1 to R -1) - 1117 E. County Road C (Mills) Secretary Olson said the applicant is requesting approval to rezone a portion of his property which is zoned M -1, Light Manufacturing to R -1, Single Family Residential. Staff is requesting that the small M -1 zoned portion of the adjacent property, 1111 E. County Road C, also be rezoned to R -1. Both parcels are presently occupied with single family dwellings. Staff feels the zone change would be in conformance with the Comprehensive Plan, therefore, recommend approval. Mr. Mills said the owner to the west, 1111 E. County Road C, does agree to the rezoning of his parcel. 'Chairman Prew asked if the owner of 1111 E: County Road C had been contacted by the City. ........ Secretary Olson said yes and he does agree to the rezoning. Commissioner Pellish asked if the owner to the west should also join in the petition or present his petition for a zone change so it would not have to be reviewed again by the Commission. Secretary Olson said the zone change for the property, 1111 E. County Road C, is initiated by Staff, therefore it is not necess ary for that owner to submit a separate application. The public hearing notice would include both parcels for.zone change. Commissioner Howard a ntial of those Darts of 777 unty Road C and 1117 E. Cou 11 the ,p Commissioner Pellish seconded 9 . OLD BUSINESS Ayes al l . A. Street Vacation - Barclay Street (Liptak) Road C Secretary Olson said the applicant is requesting approval of vacation of Barclay Street from Laurie Road to Cope Avenue. The Commission previously reviewed a request for vacation of just a portion of this street, 130 to 133 feet of right-of-way from Laurie Road north. The Commission at that time asked the applicant to expand on his petition to Cope Avenue. There is presently a well worn pedestrian trail across the right -of -way. Staff is recommending vacation of the street, subject to retaining a 30 foot walkway - utility easement. Jim Liptak, 1487 E. Laurie Road, said he started the petition. He did researched with the State of Minnesota as to proposals for Hazelwood and traffic flow projected through 1983. lie said they have no specific studies proposed until after 1983. Ln 1970 or 1973 there was a brief study done on the possible location of an interchange at Hazelwood and Highway 36. The plan that was approved at that time was to have a bridge constructed over Highway 36 for Hazelwood. This would not be constructed prior to 1990's. Therefore, traffic flow will not be affected by vacation of this portion of Barclay Street. The idea of this petition was to get away from the nuisance that exists with the walkway. They have also been maintaining the property. Raymond Robertson, 1470 Lark, said he wished the vacation of the street to keep cars from driving through. There have also been motorcycles going through. He has also had a problem with vandalism. lie thought if a walkway would be installed, the problem would still exist. Shirley Linanski, 1486 Cope, said she would also like the street vacated. Dennis Peterson, 1480 Lark, said he would like to see the vacation approved. He has had vandalism at his property. Mr. Liptak said he did talk with Owens Family and other families, they also wish the vacation approved. z� NOTICE PUBLIC NEARING " Council al I OF- ts meeting of Ihm October 19 928 800 P. in I the Council Chamlmrs of the Maplewood Municipal ltuil<lin9, lo<atetl at 1380 Frost Avenue, MaPleWeod, Minnesota will consider and publicly hear the repuest for a Special Use Permit for a Planned Unit Development, a preliminary plat and street and alley vacations as described below: APPLICANT: AR.MON PROPERTIES, INC., 93 W. Little Canada Road, Little Canatla, Minnesota 55117, EXISTING ZONING: It 1, Single Family Dwelling PROPOSAL: 1'he Project would consist of 12 double bungalows and 12 fourglexes. VACATION OF: Alley in Blocks 4, 5, 12, amt 13 in Sabin Addition to Gladstone. Laurie Road, Sandhurst Drive, Second Avenue and approximately the easterly half of Lark Street between English Street antl the railroad rightof. way. LEGAL DESCt21F1'I0N: Lo IS 1 through 14, Lots 21 through 33, Block 4; Lots 1 through 30, Block 5; Lots 1 'hrough 12, Lots 24 through 2L Block 12 that are nor lh of County Road B; all in Sabin Addition to Gladstone and subject to streets and railroad right of way. MORE COMMONLY DESCRIBED AS Vacant 15.3acre parcel located east of English Street, north of Second Avenue, south of Cope and west of the Railroad right- of.way. MATTER ARE INVITED TO N ATTEND AND B HEARD CI OFMAPL OD EWO, MINNESOTA Sept. (Review: Se 22, Oct. 4, O Action 15y Counc1.J:.1 End ors ed..___.__ Mod it I. Notice is c y 0FVPUB,not HE f Map f l e•w0otl City COUncll at 115 m eeting Of Thursday. OrlPimf 19, 1928 , I Municipal pima in the Council Chambers of the Maplewootl MuniciV n Uuiltling, Inco c at U80 Frost Avenue, Maplewood, Minnesota will consider and publR hear the elop"' I for a Special Use Permit for a Planned Unit vocal pmenq a preliminary plat, cold street and alley vocal ions as describetl below: APPLICANT: AR'MON PROPERTIES, INC., 93 W. Little Canad Read, Lillie Canada, Minnesota 55117. EXISTING ZONING: It 1, Single Family Dwelling PROPOSAL: 1'ho pr0lect would consist of 12 double bungalows and 9 'aurvpluxes. VACATION OF: Alley in BlockS 4, 5, 12, and 13 In Sabin Addition 10 Gladstone, Laurie Road, Sandhurst Drive, Second Avenue and approximately theeasterly half of Lark Street between English Street and the railroatl righbof_ way. LEGAL DESCRIPTION: Lots I through 14, LOIS 21 Ihl'ough 33, Block 4; Lots 1 )dough 30, )dock 5; Lots I through 12. Lots 24 through 22, Block 12 that arc north of County Roatl 13 all in Sabin ; Addition to Gladstone and subject to streets and railroad right of way. MORE COMMONLY DESCRIBED AS Vacant 15.5 acre parcel located east of English Street. north of Second Avenue, south 01 Railroad right of wa Cope and west of the y. ANY PERSONS HAVING INTEREST' IN THIS MATTER ARE INVITED 10 ATTEND AND BE HEARD CITY OF MAPL E WOOU, MINNESOTA (Review: Sept. 27, Oct. 4. 19)8) h� D � V u 0 TO: FROM: SUBJECT: LOCATION: APPLICANT PROJECT: DATE: Req uest MEMORANDUM Mayor and City Council Acting City Manager PUD, Preliminary Plat, and Street and Alley Vacations English Street and County Road i3 AR -MON Properties, Inc. English Manor September 14, 1978 The Applicant is requesting approval of a planned unit development, preliminary plat, and vacation of several streets and alleys. Existin_ Land Use 1. The property proposed for development consists of 15.5 acres on the north and south sides of County Road Q. 2. This land is platted into undeveloped streets, alleys, and substandard 40 foot wide lots. 3. There are no existing structures on the property. Propos 1. The project would consist of 12 double bungalows and 12 four - plexes or a total of 72 units. 2. The double dwelling homes are planned at the northwest corner of the plat to provide a transition for the existing house on the lot to the west. 3. The four - plexes are planned adjacent to the railroad tracks. 4. Most of the lots north of County Road 6 would get access from a proposed through street, connecting English Street and County Road B. The new street would have an "eye- brow" to serve the four -plex lots. 5. Each individual unit has its own lot. The remainder of the property is to be owned and maintained by a homeowners' association. The rules and by -laws of the association should be submitted to the City Attorney for approval before final plat approval to insure that the property will be maintained. G. The applicant plans to build the entire project. Plans for the four - plexes will have to be approved by the City. 7. The City's Park and Open Space Plan shows a linear open space corridor along the railroad tracks for a trail. This north -south trail has been redesigned into the project through a 20 foot wide dedicated walkway. The developer should be required to construct the walkways to standards approved by the City Engineer. 1 8. A, public sidewalk should be constructed along the south side of County Road B, adjacent to the applicant's property. Section 502.020 of the City Code states that, "Sidewalks shall be placed near schools, heavily traveled areas, and other 'locations when approved by the Village Council." This sidewalk is required by Code and would be the only pedestrian route from this project to Weaver Elementary School. Surroun ding_Land Uses 1. ,Northerly: Cope Avenue. The property north of Cope Avenue is partially develop - ed with Skateboard Park. The property on English Street is undeveloped. It I s zoned I4 -1, Light Manufacturing and planned for LSC, Limited Service Commercial use. 2. Easterly: The Burlington Northern tracks. 3. Southerly: An undeveloped City park. -4. Westerly: English Street. There are three single dwelling homes on the east side of English Street. The land on the west side is all single dwelling homes. Pas Actions 1. 11- 14 -72: Council denied a rezoning from R -1 to R -3 for the portion of the sub- _ ject property north of County Road B. The basis for denial was insufficient drainage facilities for an apartment development and unanswered questions on the future of County Road 6 and the English Street - Highway 36 interchange. 2. 8- 21 -78: The Planning Commission tabled action on this project to allow the developer time to make revisions. Pla nning Consid 1. The property is zoned R -1, Single Dwelling Residential and planned for Rm, Medium Density Residential use. — - 2. Density is as follows: 12 Double Bungalows 98.4 people 48 four - plexes 158.4 peopl (assuming three bedroom units)* 256.8 people Net Acres 14.7 acres Density = 17.5 people /net acre - 3. the proposed density is less than the standard of 22 people /net acre allowed in the Land Use Plan. - Enviro Consi See enclosed report by the Soil Conservation Service date 6 -22 -78 and 6- 16 -78. Note that the plan has been revised since this report was done. _ *NOTGi` 'Bedroom - mix has not been determined yet. FO Publ-ic Works Considerations Watermain A 12 inch watermain currently exists on English Street and an 8 inch water - main on Cope Avenue. The plat is in the service area of the new water tower scheduled to go on -line in September. Looping of the wa.termain from Clarence back to English Street would be required along Coiihty Road B. Other improve- ments would be internal to the plat. Sanitary Sew 1. An 8 inch sanitary sewer exists on Cope Avenue and on English Street. A review of the invert elevations of the sanitary sewer indicate that the sewers are not of sufficient depth to serve the plat. It appears that the existing sewer located at the corner of County Road 6 and Birmingham Street could be extended to the west to serve the property. This service may be marginal and a detailed grading plan should be prepared in con- junction with the utilities plan to determine the adequacy of the sewer service. 2. Since the extension of this system to the west would not benefit abutting property, owners, it would be a requirement of the Developer. The only other user may be the proposed "Conway Addition ". 3. If the Conway Addition uses this facility, a cost sharing arrangement between the developers would be required. Storm Water System 1. The proposed plat is located within an area currently being studied for an extensive public works improvement project to upgrade the storm sewer system. The Maplewood Drainage Plan calls for a 5 acre -foot storage pond located in the southeast corner of this plat. Staff will be recommending that the Council approve a feasibility for this project. This pond and the exact location would be determined during the study. 2. The Maplewood Drainage Plan also calls for a storm sewer along the east side of the plat, running from the pond previously mentioned, north to Cope Avenue. A minimum twenty foot easement for this system should be required to be dedicated. 3. Since the plat is in the downstream end of a substantial storm water improve - ment project, it is possible for the developer to petition a less extensive project, if the one proposed is not ordered. 4. The Ramsey - Washington Metro Watershed Board reviewed this plat and will require that no filling be allowed on Block 3, Lots 5 and 6 below elevation 886 (see enclosed letter). County Road B A substantial amount of excavation on County Road 6 will be required from English Street to Birmingham Street for the proposed utility extensions. It does not appear that these facilities can be provided without disturbing the pavement. In these cases, the County requires complete reconstruction and 3 will not participate in cost, unless the street is already scheduled for major work. County Road 13 is currently not scheduled for improvement. Further County input and cost sharing negotiations with the development will be required. llnalyqis This is a logical proposal that is consistent with the Land Use Plan. The PUD proposes a transition in density from four - plexes adjacent to the railroad tracks to double units along English Street. Extensive sanitary sewer and storm drainage projects will be needed with this plat. The storm drainage project is a major study that will impact the whole area. If the project is denied, on -site drainage could probably be designed to handle this project. Our first priority should be to resolve the overall problem. The sanitary sewer will involve an expensive extension from Birmingham Street, without benefiting properties to share the cost. This cost will have to be ,paid by the developer. A rezoning for apartments was denied in 1972 due to drainage problems and uncertainty over the location of the Highway 36 interchange. The current PUD proposal should be an - improvement over the apartment project. It will have a lower density and be more compatible with the neighborhood. Staff is recommending a storm water drainage project as a condition of this plat to resolve the drainage problem. The City's Plan shows an interchange at Highway 36 and the railroad tracks, with English Street elevated over Highway 36. The proposed project would not interfere with the Highway 36 improvements. The Highway Department still has no definite plans. Recomme ndation Approval of the preliminary plat, subject to the following conditions: 1. Construction of walV a- in the 20 foot dedicated rights -of -wa an_d alnn_g the d esign must be constr ucted__to _siatslard�__appCOVe by th Ci ty Engineer. ®_ 2. Implementation of the recommendations in the Soil Conservation Service report of 6- -16 -76 and 6- 22 -78. 3. Submittal of a grading plan acceptable to the City Engineer. 4. Submittal of a detailed utility plan in dicating sewer invert and propos sewer routes to e approve _by . t e J y ngineer 5. The final plat shall not be approved until after Cou ncil considers a storm rov me - � e area — l suc pr ogec is en ie d; Applicant may provide on -site ponding that will assure no greater rate of run- off than currently exists. . 6. Dedication o a pond e asement in the sout cor ner of the site, to be i�tfa�£easi.lii_tiiy_stutJy for tre storm wa im{irov -emert project. 7. Dedication of a twenty foot drainage easement along the entire east side of the plat. B. That a financial arraugrment acceotah1e to the City Engineer be established to pay. for any resto ration needed to County Road B. pvp S -M,n� 9. Increase right: -of -way width for County Road B to 86 feet, as required by the County. ;4 ,,, 10. .Change the common lots to 0ut10ts and renumber the buildable lots. 11. The final plat shall not be approved until the City Attorney has reviewed and approved the by -laws and rules of the proposed homeowners' association to assure that all common areas will be maintained. 17. Owner and Applicant agree to the above in writing. Approval of the Planned Unit Development subject to: 1. Final plat approval. 2. A protective planting screen, to be approved by the Community Design Review - Board, shall be provided between the four- plexes and the railroad tracks. approval of the street and alley vacations, subject to the final plat approval. #:. _.. .. s, _ NOTICE 01: PU131_IC HEARING Notice is hereby given that the Maplewood City Council at its meeting of Thursday, October 19, 1978 at 8:00 P.M. in the Council Ghambers of the Maplewood Municipal Building, located at 13£30 Frost Avenue, Maplewood, Minnesota will consider and publicly hear the request for a,Special Use Permit for a Planned Unit Development, a preliminary plat, and street and alley vacations as described below: APPLICANT: AR -MON PROPERTIES, INC. 93 W. Little Canada Road Little Canada, Minnesota 55117 EXISTING ZONING: PROPOSAL: VACATION OF: LEGAL DESCRIPTION: MORE COMMONLY DESCRIBED AS: R -1, Single Family Dwelling The project would consist of 12 double bungalows and 12 four - plexes. Alley in Blocks 4, 5, 12, and 13 in Sabin Addition to Gladstone Laurie Road, Sandhurst Drive, .Second Avenue and approximately the easterly half of Lark Street between English Street and the railroad right -of -way. Lots 1 through 14, Lots 21 through 33, Block 4; Lots 1 through 30, Block 5; Lots 1 through 12, Lots 24 through 27, Block 12 that are north of County Road B; all in Sabin Addition to Gladstone and subject to streets and railroad right of way. Vacant 15.5 acre parcel located east of English Street, north of Second Avenue, south of Cope and west of the Railroad right -of -way. ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD CITY OF MAPLEWOOD, MINNESOTA M ..._... _.. .._.. III -COUHTY-- c Ar > N / N LIM00 AVE.' F XT Lo A F1 !,IT014 AVE. AVE_ 7.7 ff I L D 2 1 D G —�- I --- AVE. s ct' PH '4 � .lj 16 29 Pilo/ a �2 V � Um AR-MON PROPERTIES, INC. DETITIONEIR PUD, PRELIMINARY PLAT,VACATIONS 2EQUEST EM0Nlr__u,JjAVC�lJJj E -78 -1 5 D A TE LSCAI-EJCF'�J--, Avur --A\ . — __ --- LA FZ K AVE.. --I L L !LHo. Z. I- —, -F C c= r n f: W 6 i �. E -78 -1 5 D A TE LSCAI-EJCF'�J--, RAMSEY SOIL AND WATER CONSERVATION DISTRICT Mid- Amorloo Bonk Building 1027 Nardi Saint Paul Road Moplowood, Minnesota 55109 Tolophono (612) 7770127 MINNESOTA SOIL AND WATE F? CONSERVATION DIEST RIc'm IIr. Geoffrey Olson, D_i.rector. City of 1,aplouood 1330 frost Avenue Idaple:rooc,, Minnesota 55109 June 22, 1978 Re: Proposed devolo p:7ont by _ir —i'son Properties at lhg:l:ish Street and County ;.toad B in i.iaple,rcod Dear Mr. Olson- I have reviewed the attac:iod recommendations of our ,`foil conservationist, Sta11 :::di °n d, and ooncur in thela. 2 - 'ticular emphasis should be given 'to .he lar„e areas lnbeled "3G" which laay have a high Eater table. The City should rea_uire the doveloper to properly treat these areas so that fi-Iture proocrty owners do not have water problems, Special attention should also be ;riven to any potential erosion 'grob:L t;ts durin or aftcZ' construction, so that do;rnstrean pondinv areas are 'protected frvB1 sedii,on'tatiorl. Sincerely, cc: Ar—Lion Propertios, Inc. c Duane I.i. Zwier Vice —Ch a - i. rm an AN EQUAL OPPORTUNITY EMPLOYER I uNi7 S•rieTES DEPAl:zWENT or Ac;laicuuruRE 1 SOIL CO E IZVATI ON SIERVI ` 11327 No. St. Paul. Rd., Maplewood, Mnnesota 55109 1 j June 16, 1978 TO: Supervisors, Ramsey Soil. and Water Conservation District SUBJECT: Plat review of Ar• -Mon Properties, Inc (English Manor) 1) INTRODUCTION The proposed plat is located in southwest corner of section 10, Range 29N., Township 22West. This .report evaluates existing soil and water resources, their relation to the proposed plat and offers suggestions to minimize adverse impacts. I1) EVALUATION GP EXISTING RESOURCES A) Soils and Topography The soils information presented here has limitations which should be known. The soil survey applies to a depth of 5 feet and is intended for general. planning purposes only. Before decisions are made concerning specific uses on specific sites, a professional. soils engineer should be consulted. Two distinct soil groups are present on the plat. Their boundaries are outlined on the plat reap. Their descriptions are below: Soil Gr 1a G_r_oup Descripti This group consists of well drained to excessively drained sandy soils underlain by sandy or gravelly materials. This group is divided into the following subgroups, based on slope steepness: laA = 0 to 12% slopes laB = 12 to 1.8% slopes The Group Characteristics below apply to subgroups. Signif- icant variations are in narrative form following the Group Characteristics. Group Charateristi - No flooding or ponding hazard. - Depth to the water table is greater than 6 feet. - Depth to bedrock is greater. than 6 feet. -- Soil strength is good. - Potential frost action is low. - Shrink- swell potential is low. Permeability is rapid. - Vegetation is difficult to establish because of droughtiness.w t a Subgroup Variations: 1.aA This soil has good potential for building site development. however, the sandy nature of the soil, material. requires a few special. considerations. Foundations are easily excavated but sidewal.l stability is poor with caving a problem. Precautionary measures should be taken. The soil is noncohesive and can easily develop gullies if the increased runoff from driveways, roofs and streets is not handled wisely. laB In these locations building site potential_ is fair. The steep slopes increase the cost of preparing building skes. Sidewal.l caving during excavation is a problem. The increased runoff due to the addition of streets, driveways and roofs to the landscape can create severe erosion problems. Stormwater runoff must be handled properly. Erosion control measures during construction are needed. Soil Group 3C Group Description: These soils are moderately well drained silts and l.oams wth loamy underlying materials. Gr P roperties: - No flooding hazard exists. - The seasonally high water table is within 6 feet of the surface. - Depth to bedrock is over 5 feet. - Soil strength for supporting small buildings is fair. - Potential frost action is high. - Potential. shrink -swell action is low to moderate. - Permeability is moderate. - Vegetation is easily established. Group Narrative: These soils have fair building site potential. The high water table must be controlled or buildings placed above it to eliminate the problem of wet basements. Streets, driveways and parking lots will suffer frost action damage unless carefully designed. B) water Resources No marshes exist on the proposed plat. The plat does not show how Stormwater surface flows will be handled or if any storm sewers are planned on the plat. The Maplewood Drainage Plan prepared by Barr Engineering indicates a storm sewer system is_ proposed - in the area which will carry runoff to a proposed major ponding site located north of Gerva.is Avenue and west of Clarence Street. It is assumed runoff from the plat will flow to the proposed ponding site between Gervais Avenue and Clarence Street. Since this is the last major ponding site before flow enters lake Kohlman ( in the proposed storm sewer system), it is an important sediment trap and will. become more so as th6 areas around this plat; become developed. Page 3 III) CRITIQUE AND RTCO1,11EM)ATIONS i 1) On soil group la a top dressing'of loam material should be applied, where grading for homesites exposes the subsoil, to provide j - suitable conditions for plant growth. This is especially critical on . area laB to prevent soil erosion. i 2) Where grading and construction activities disturb vegetation in laA, and 1aB straw mulch should be applied at the rate of 4,000 lb /ac and punched in with a disc if sodding will not take place i.ramedi.ately. Treatment of area laB will be especially important due to the slope. If sodding cannot be accomplished within ten months then the disturbed areas should be seeded with one and one half bu /ac of rye, as well as mulched. y The seed is applied before the mulch Areas of flow concentration over disturbed areas should be avoided. If concentrations are unavoidable, hay bales should be staked across the direction of flow. 3) Design care will be needed to avoid severe wetness problems for homes in Block 1, lots 10, 11, 12 and 13; Block 2, lot 4; and Block 3 lots 2, 3,4, 5, 6 and 7. The'water table in these areas is within 6 feet of the surface (soil group 30. Further design attention will be needed to prevent frost damage to streets and driveways. 4) The existence of the proposed pending site between Gervais Avenue and Clarence Street with the storm water storage capacity recom- mended by Barr Engineering should be ensured. As development progresses In the area, this pond will become an important component in maintaining the quality of storm water entering Kohlman Lake from the developing area. Sincerely y o urs, /� j1 '.9 J C' 0 C 91/x' . Stan Wendland Soil Conservationist :arnsey - Washington Metro Watershed District P.O. Box 2128 St. Paul, MinYlesota 55109 June 7, 1978 Mr. Geoffrey Olson Director of Community Development City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 Re: Proposed Plat of English Manor to the City of Maplewood Dear Mr. Olson: Upon review of the plans for the English Manor Development in Maplewood, it was noted that a 6 acre - -foot storage basin on the south side of the development- is shown in the Maplewood Drainage Plan. Part of this storage basin lies in portions of Lots 5 and 6 of Block 3. Approximately one -half of the storage basin is located on the English Manor. The other half is located to the south of this proposed development-. Preliminary computations of this storage basin indicate that the flood level is approximately Elevation 886. The District is aware that if restrictions for non- development are required for portions of Lots 5 and 6, development of these lots would be several.y jeopardized. However, until commitment is made by the City as to how this storage basin will be developed, the District will require provisions that no filling will be allowed below Elevation 886 on Lots 5 and 6 of Block 3 in the proposed plat of English Manor. If you have any questions, please feel free to contact me at 920 -0655. Sincerely, Steven M. Klein BARR ENGINEERING CO. Engineers for the District SMK /dd zt+ sj t I ciTy 01 MAPLEWOOD PETITION FORM FOR: R[_QUFST: I. Public Street Vacation L= = (Check Appropriate Box 2. Public Alley Vacation r=2 Which Indicates Your 3. Public Easement Vacation E= Request) 4. Public Grounds Vacation f= 2nd Street between PETITION DESCRIPTION AN SIGNA TURES We, the undersigned, being a majority of the owners of land abutting on the (street), (alley) (public easement), (public grounds) or part thereof legally described as: See attached and legally designated as: (All in Sabin Addition to Gladstone) Alley Block 13 Lark Between Block 4 and 5 Alley Block 12 Lauri between Block 5 and 12 Alley Block 5 Sandhurst between Block 12 and 13 Alley Block It 2nd Street between Block 13 and 20 do hereby petition the city Council of Maplewood, Minnesota to vacate the above described area. Name (Please print S92natu o r ty2e) _ ) Ar -Mon Properties Joe "D" f Co or at - ion Ab stractors L ist No. _f•II_TNG hf:c2UIItI'MLNTS At the time of official filing of this petition, the following additional information must accompany this petition: (Note: No 'information filed will be returned to the petitioners) 1. An Abstractor's Certificate 'listing the complete total number .of property owners abutting the area requested to be vacated; 2. A complete list of the names and addresses of all property owners abutting the petitioned vacation area must be submitted; 3. A Ramsey County Assessor's property line map which is clearly marked and designated showing the petitioned area; 4. A filing fee of $30.00 shall be paid at time of filing the petition. Such payment is designed to partially defray the incurred public costs of processing the petition. (Note: the filing fee is not refundable regardless of application outcome). Just ificati on of P etition The following represents the petitioner's justification for requesting the vacation and further, explanation is given as to the purposes to which the area would be put or used: (Type in justification and explanation of use) In order to develop the adjacent property in a manor in keeping with present size limitations on building lots. The property will be used in accordance with the attached Preliminary Plat. PETITION PROCEDURES Uuon filing a proper application- •pet :ition, it will be forwarded to the city Council for the establishing of a public hearing date in accord- ance with Minnesota State Statutes, Chapter 412.651, which reads as follows: 8 411.ra.� 1 'vacation of sta•ccts 'Pile council mny by resolution vacate any street, alley, public grounds, or any part, thereof on petition of a majority of the owners of land .abuttim, on the street, alley, public grounds or part thereof: to be vacated. No such vacation shall be made un- less it appears for the interest: of the public to do so after a hear- ing preceded by two weeks' published and posted notice. After a resolution of vacation is adopted, the clerk shall prepare amd present to tine proper county officers a notice of completion of the proceeding:; in accordance with section 117.19. Laws 1919, e. 119, § 102; haws 1.953, c. 735, § 12; Laws 1957, e. 333, § 1. CONDITIO It should be understood by all applicants that the city Council may reserve any conditions or attach any conditions it deems necessary in the interest of the general public when ordering a vacation. NOTA STAT EMENT korip BEING FIRST DULY SWORN DEPOSES AND SAYS: THAT h REPRESENTS THE PETITIONERS IN THIS PETITION AND TFIAF THE ligFOR bl'1'10fI STATED IN THIS APPLICATION IS TRUE AND COMPLETE" AS IS REQUIRED BY THIS FORM. W - � hi qne Representative SUBSCRIBED AND SWORN TO BEFORE ME THIS 15th DAY OF May 1978 . rV ✓,.. TERRANCE W VAN SICKEL r.. Z5 �'g v NOTARY PUBLIC — MINNESOTA Z RAMSEY COUNTY 52$ My Commission Equn Oct o 084 v UVVVVVVV\ VW 6 NOTAftY'I'UBLIC - _', jn�;lr„ I , I. I I I- I„ i l I. I i t .. l I, . '•,"" .I> I s'� � ...�. - I' I I I .. I I I I I I'I i I��I I I I I "I I' I•• I ..I;.,, "'I `I..I��I: „ „.I,. � °'I ,_ : .. I.,. I � ,., .� , I I .I I I I I I 1 1 1 1 1 1 1 , f �� 'I -. � - - -I I .. I ,, i i ,'.,•i 1 '�1 1 AVE _� L I w: , II.. I Li - _J I I I I I I I- .: r ., 9vi _L — I_L_ I .L�I_L._w I '' I I I I•� T - T - 1Tl I I { ", t2 IAVf�la ROAD - 1 - 7 ' I I, I.�I.,I ,. j..I,,i �,- I �I. •I � .I. j_:I .I_,I. I.�I I ` ! av ®!'1uf� t AVE, QI I. J ' � I I I I I I I I I I I '' �� I I I i' I . ; I .I! I rl , I;..I . I:.I.sI:• I el -I I .:I :yl: +l r I I I I I I D. ISCI100L.IDIST INO 6 2 xf �R1°1 Add . w 7 n AR -MON PROPER - LIES, INC. ETITIONER OUD, PRELIMINARY PLAT, VACATION- EOUf_'ST - - -- ENGLISH AND COUNTY ROAD 6 II -15 -78 DATE.. o � ScA LE . a�c: Chairman Prew asked if the petitioners property all abut Barclay Street right-of.-Way Mr. Liptak said yes, the only person that has not signed is a Mr. Doyle who owns a vacant lot. lie said the petitioners do not want the walkway as there will still be a problem with policing and maintenance. Secretary Olson described for the petitioners what type of walkway was recommended in the DeMars Plat when they vacated a portion of Arkwright Street. There is no planned walkway for the Barclay area now, if there is a walkway easement, it would have to be left open for pedestrian access. Commissioner Howard asked if the City have thought of installing posts to prevent vehicular traffic from going through. Secretary Olson said yes, in the DeMars Plat a post was installed to discourage traffic. There would be curbing installed which would also discourage traffic. Mr. Liptak said if a walkway is constructed as outlined by Mr. Olson, he would not object to that type. Commissioner Pellish Commissioner Kishel seconded Ayes all B. Preliminary Plat, PUD, Street and Alley Vacations - English Manor (AR -11011 Properties) Secretary Olson said the applicant is requesting approval of a planned unit development, preliminary plat and vacation of several streets and alleys to develop the property in the area of English Street and County Road B. The property is located both on the north and south sides of County Road B. The project would consist of 12 double bungalows and 12 four - plexes or a total of 72 units. The proposed development would not exceed the densities of the Comprehensive Plan as it is calculated to be 14.7 people per acres. Staff is recommending approval of the preliminary plat subject to the conditions outlined in their report. Street and alley vacations are to be approved if the final plat is approved. Planned Unit Development is also recommended for approval if the final plat is approved Commissioner Howard asked if there should be a sidewalk along the east side of Clarence and County Road B to provide safety for school children. Secretary Olson said it has not been practice to put a sidewalk on a local type street with low traffic. The Transportation Plan is to outline where sidewalks should be installed for pedestrian safety. Commission Howard said he thought rather than the fourplex at English and County Road B it should be a double bungalow to provide a better transition to the single family adjacent to it. 3 Secretary Olson said a double bungalow could be put there, although the structure is oriented to County Road B. Also, 'E nglish Street will have more traffic in the future as it will be a major street crossing over Highway 36. 'That will have much more of an impact on the single family homes than the construction of the four- •p'lex. John Newell, AR -MON Properties, said he has no to the requirements outlined in the staff report. Ile showed the Commission the typical units proposed. Chairman Prew asked if the four -plex at English and County Road B would require filling of the property. Mr. Newell said yes, it will require some fill. Chairman Prew said if that location is fil "led, he did not think any of the existing trees could be saved. Mr. Newell said possibly they could take the four unit building directly to the east and move it slightly to the south, the four -plex proposed at County Road B and English could be changed to two double bungalows or some other type of arrangement to try and preserve the trees at that corner. Chairman Prew said his main objection to the project is the access onto County Road B that close to English Street. lie thought if that access could be reorientated the development it would be beneficial. Also if the corner of County Road B and English could remain as it is, it would benefit the project and the neighborhood. The applicant he thought with the landscaping they propose for the development, once it matures, it will be a better quality than what exists on the property. Mr. Newell presented an alternative to the development plan, which he thought would save the trees on the property. Chairman Prew asked if the final grading plan would be reviewed by the Planning Commission or Review Board as to minimizing the amount of grading to the property. Secretary Olson said it would be reviewed by the City Engineer. Commissioner Barrett asked if a time limit is usually applied when a 'PUD is approved. Secretary Olson said the Commission has recommended time limits on some PUD's in the past. He could not see any objections to putting a time limit on an approval if the Commission wished. Mr. Newell said he would like to have the projected completed by this time next year, but financing may not permit that. He would like to construct his model either late fall or during the winter. Secretary Olson said the proposed plat would have to be filed before the first building is constructed.ldith the plat configuration proposed,it would be difficult to develop the property other than what is shown on the plan without first replatting the property. 4 Comin9ssioner Kishel said it is quite difficult for a developer to record a plat such as proposed and stay right with the dimensions of the small parcels that will be indicated on the plat. lie said if a building is moved, then the plat is violated. Mr. Newell said there is a provision in this type of zero lot line that there is a certain number of inches one way or another as tolerance. Commissioner Kishel asked that Secretary Olson check further into what is 'the proper procedure of filing the plat. Commissioner Howard asked if a one year time limit to apply for a building permit for the first unit would be agreeable with the applicant. Mr. Newell said that would be sufficient time. Commissioner Barrett said he would also like to see a time limit for the completion of the building of all units that would be satisfactory to both the applicant and the City. condit ions: 1. Construction of walkways in the 20 foot dedicated rights -of -way and along the south side of County Road 6, adjacent to the applicant's property. Walkway design must be constructed to standards approved by the City Engineer. 2. Implementation of the recommendations in the Soil Conservation Service report of 6 -16 -78 and 6- 22 -78. 3. Submittal of a grading plan acceptable to the City Engineer. 4. Submittal of a detailed utility plan indicating sewer invert and proposed sewer routes to be approved by the City Engineer. 5. The final plat shall not be approved until after Council considers a storin water improvement project to sewer the area. If such project is denied, applicant may provide on -site pending that will assure no greater rate of run -off than currently exists. 6. Dedication of a ponding easement in the southeast corner of the site, to be determined by the feasibility study for the storm water improvement project. 7. Dedication of a 20 foot drainage easement along the entire east side of the plat. 5 B: TIra -L a financial arrangement acceptable to the City Engineer be established to pay for any restoration needed to County Road B. 9. Increase right -of -way width for County Road B to 86 feet, as required by the County. 10. Change the common lots to outlots and renumber the buildable lots. 11. The final plat shall not be approved until the City Attorney has reviewed and approved the by -laws and rules of the proposed homeowners' association to assure that all common areas will be maintained. 12. Owner and applicant agree to the above conditions in writing. Commissioner Kishel seconded Ayes all. Commissioner Howard asked the Commission if they felt a sidewalk should be installed on the west side of Block 2 of the proposed plat. Commissioner Fischer said she did not think it was necessary at this location. She did not think a walkway would be consistent with what is recommended in the Transportation Plan. Commissioner Pellish 1. Final Plat approval. 2. A protective planting screen, to be approved by the Community Design Review Board, shall be provided between the four- plexes and the railroad tracks. 3. A first building permit be issued within twelve months of the Planned Unit Development approval. Commissioner Fischer seconded. Commissioner Barrett asked if a time limit should be set for completion of the entire project. Commissioner Kishel said the Commission has in the past, set a time limit for beginning the development not for completion of it. Voting: Ayes - all Commissioner Fischer Commissioner Barrett seconded Ayes all 10. COMMISSION P 6 -Ty OF' MAP'LEWOOD A C C 0 U N T S P A Y A 8 L E DATE 10 -19-78 PAGE I CHECK* A M 0 U N T C L A I M A N T P U R P 0 S E 002988 30.00 3 M COMPANY M133864 SUPPLIES, OFFICE 00'2989 219.30 MARJORIE 0 OSTROM TRAVEL + TRAINING 302991 848.39 MINN ST TREAS SURTAX SURCHARGE TAX PAYABLE J02992 1 STATE OF MINNESOTA CONTRIBUTIONS,RETIREMEN1 002993 2,133.47 STATE OF MINNESOTA P.E.R.A. DEB PAYABLE AND-CONTRIBUTIONS,RETIR O02994 6,318.66 STATE OF MINNESOTA P.E.R.A. DED PAYABLE AND-CONTRIBUTIONS,RETIRE 002995 6,803.82 STATE OF MINNESOTA P.E.R.A. DED PAYABLE AND-CONTRIBUTIONSiRETIRf 002996 3042.83 WESTERN LIFE INS CO CONTRIBUTIONS,INSURANCEE --- 70299 ---------- 4e 19.6A I IF WFSTERN f- PAYABLE AND-HOSP INSURANCE PAYAl AND-CONrRIBUTIONStINSURj J02998 222.00 NORTHWEST ORIENT TRAVEL + TRAINING n 2 q q cl 3 2�0-J -R-MHk�,) W SCHALI-E-R— ---TjZAj-EL.--+ TRATHIIN- G 003000 7,534.37 EASTERN HGTS STATE BANK FEB INCOME TAX PAYABLE 003001 _U -0 _;i 0 - y . 2 0030013 1 MINN COMM OF REVENUE 1 4 5.0 il R A MS-E-t--S-U-P-P-GR 1---t 112.50 EASTERN HGTS STATE BANK MINN INCOME TAX WAGE DEDUCTIONS PAYABLE PAYABi PAYABLE 00300 —GL-31L03— 55.29 RAMSEY COUNTY SHERIFF I 850.(;0 R A WAGE DEDUCTIONS —V-LH PAYABLE ;ETY OF.MAPLEWOOD A C C 0 U N T S P A Y A B L E DATE 10-19-78 PA�c.= CHECK* A M 0 U N T C L A I M A N T P U R P 0 S E 003006 12 0.00 MN REC + PARKS ASSOC SUBS CR I PT ION UO3607 448.00 ERIC BLANK TRAVEL + TRAINIP4-:--- 20 76,065 NECESSARY EXPENOITURES SINCE LAST COUNCIL MEETIN,(- CITY Or'MAPLEWOOD A C C O U N T S P A Y A 0 L E DATE 10-19 -78 PAGE 3 CHECK* A M O U N T C L A I M A N T P U R P O S E 027727 15.19 M PAULINE ADAMS TRAVEL + TRAINING 1, ND 0G UK.` 027728 22.00 A + M INDUSTRIAL TRACTOR SUPPLIES, VEHICLE 027729 22,004.88 AMERICAN NATIONAL BANK BOND INTEREST AND -OTHER CHARGES 027730 241.28 AMERICAN NATIONAL BANK OTHER CHARGES __ _ ?7751 202.70 AM S Q_C�ETY OF PLANNING S UG SCRI e=QNS ±ME MaEfZS_IiJF AND -FEES, CONSULTING _x0 27732 56.5+0 ARTCRAFT PRESS INC SU PP_L.T_ES_ . OFFISs 027733 57.54 JOHN ATCHISON CONTRIBUTIONS,INSURANCE 027734 115.52 BATTERY WAREHOUSE SUPPLIES, VEHICLE .. .... 0 27735 89.64 R ONA t l BEER C OST BU 1IO.NS_,INSa&9NC _E_ 027736 1 13,073.40 BENOY BROS CONST AWARDED CONST CONTRACTS 327737 12.40 BERG- TORSETH INC SUPPLIES, EQUIPMENT 16093 TH IE. IG WHEEL SUPP LIES_, VFEIaLE_ _ 027739 90.73 BOARD OF WATER COMM UTILITIES 027740 91.59 BILL BOYER FORD SUPPLIES, VEHICLE _.__; 12774] 86.x'0 RULLS£YE I SUPPLIES u- LP -MENT 027742 17.56 CARLSON EQUIPMENT CO MAINTENANCE MATERIALS A ND °S EQUIPMENT 027743 89.27 DALE K CLAUSON CONTRIBUTIONS,INSURANCE 027744 153.91 CROSSROADS FORD SUPPLIES, VEHICLE PAT DALEY -----FEES SEWER & PLBG. INSPECTIONS 727746 248.20 DISPATCH PIONEER PRESS PUBLISHING ,._ ;STY OF MAPLEWOOD A C C O U N T S P A Y A B L E DATE 10-19 -78 PAGE 4 CHECK` A M O U N T C L A I M A N T P U R P O S E 027747 4.80 DISPATCH PIONEER PRESS SUBSCRIPT IONS +MEMBERSHIP J27748 77056.00 EKBLAD PARDEE +BEWELL INC INSURANCE + BONDS 3 27749 66 IGOR V OT HER CO NSTRU CTIO N COST TREE INSPECTIONS (MILEAGE) :,27%50 89.64 RAYMOND E FERNOW CONTRIBUTIONS,INSURANCE 027751 1,682.50 1ST NATL BANK OF ST PAUL BOND INTEREST AND -OTHER CHARGES 027752 1,188.50 FOREMAN + CLARK UNIFORMS + CLOTHING 6 27753 44.05 MEGAN GANGE T + TR 027754 92.24 GENUINE PARTS CO SUPPLIES, VEHICLE J27755 106.81 GOODYEAR SERVICE STORE SUPPLIES, VEHICLE AND -REP. + MAINT., VEHI 027756 89.64 DAVID M GRAF GONTRIBUTIONS,INSURANCE 027757 193.83 GROSS INDUSTRIAL SUPPLI JANI _ AND-UNIFORMS + CLOTHING 92775 31.99 THOMAS L HAGEN U NIFORMS + CLOTHING _ AND - TRAVEL + TRAINING 027 89.64 KEVIN R HA CONTRIB 027760 89.64 MICHAEL HERBERT CONTRIBUTIONS,INSURANCE U27 ?61 25.30 SANDRA K HIRSCH TRAVEL + TRAINING 'J2776 179.64 T A HOL CO NTRI3UTIONS,INSURA NCE 027763 45.92 HOMELITE SUPPLIES, EQUIPMENT 627764 13.G9 INDUSTRIAL SUPPLY CO INC i SUPPLIc$, VEHICLE 165.00 LAKE SANITATION S _ 027765 _F EES, TRASH REMOVAL J27766 89.64 RICHARD J LANG CONTRIBUTIONS,INSURANCE ;ITY OF A C C O U N T S P A Y A B L E DATE 10-19 -78 PAGE E CHECK* A M O U N T 327767 134 :27768 69.00 C L A I M A N T LANGER CONST CO LEAGUE OF MINN CITIES P U R P O S E AWARDED CONST CONTRACTS SUPPLIES, PROGRAM -- . 0_2Z_Z 89�i4___ W L — CQNL3L1311LL(1ALS,IlL.SlL4ANC� 027770 22.90 LUGER MERCANTILE CO MAINTENANCE MATERIALS 027771 8,513.60 MAGNEY CONST CO AWARDED CONST CONTRACTS -- 2, 1 8 7_ M A P I_ F w O n n R F V I F W _SSJ3_S_G.RS�T_ I QlI�+ M -E-MDERSriLE AND -OTHER CONSTRUCTION f AND- PUBLISHING -- ADVERTISEMENT -FOR- -BIAS 327773 89.27 JON A MELANDER CONTRIBUTIONS,INSURANCE 5 M- R I T 027775 479.20 METRO INSPECTION SERVICE FEES, SERVICE ELECTRICAL INSPECTICS 027776 25.75 MIDWAY TRACTOR a EQUIP C FUEL ¢ OIL _.__ ; 2 7777 ?4 T R A 1LkL ± .IB A�jIZLG__ 027778 71.50 MOBIL OIL CORP MAINTENANCE MATERIALS 027779 89.64 RICHARD M MOESCHTER CONTRIBUTIONS,INSURANCE _ 7 7 A I 1 , .L0— IlO r N t� 30 S� L1ND 5 C_QP_ZIy.G— _SIN _T_E_N_AA0 N_9 r .R J A I._S_ .327781 179.64 RAYMOND MORELLI CONTRIBUTIONS,INSURANCE 027782 11199.00 MUNICIPAL SERVICE FEES, SERVICE ANIMAL CONTROL 2 7 7 R 3 8 .9�Sz 4 R _QFLE_RIS N E L S N_ 027784 30.06 CITY OF NORTH ST PAUL UTILITIES J27785 26.75 NORTH ST PAUL WELDING IN REP. ¢ MAINT., UTILITY ____O3Z7_8Sz 3 ek4 N NSTATES POWE C UTILITI 027787 3,682.59 NORTHERN STATES POWER CO UTILITIES Q27788 11.90 NORTHERN STATES POWER CO UTILITIES X27789 651.94 NORTHERN STATES POWER GO UTILITIES 027790 163.36 NORTHERN STATES POWER C0 UTILIT "I ES TY OF MAPLEWOOD A C 0 0 0 N T S P A Y A B L E DATE 10 -19 -78 PAGE 6 GHECK* A M O U N T C L A I M A N T P U R P O S E X27789 651.94 NORTHERN STATES POWER GO UTILITIES 027790 163.36 NORTHERN STATES POWER C0 UTILIT "I ES u ?77 1,036.87 NORT STATES POWE CO UTILITIE _ 027792 92.72 NORTHWEST SERVICE STATIO REP. + MAINT., EQUIPMEN — X27793 1,436.67 NORTHWESTERN BELL TEL GO TELEPHONE 0 27794 61.55 NORTHWESTERN BELL TEL CO T = LEPHO 027795 133.32 NORTHWESTERN BELL TEL GO TELEPHONE 027796 317.74 NORTHWESTERN BELL TEL CO TELEPHONE Ci2 7797 166.60 NORTHil =STERN BELL TEL CO T�L 327798 81.05 GEOFFREY OLSON TRAVEL + TRAINING 927799 91211.57 ORFEI + SONS INC AWA3DED GONST CONTRACTS 827800 OXYGEN SERVICE CO INC REP + MAINT., VEHIC _ 119.57 AND -SMALL TOOLS 027801 73.60 PAKO FILM SE F EES, SERVICE _ - AND -OTHER CONSTRUCTION AND- SUPPLIES, OFFICE AND - SUPPLIES PROGRAM _ FILM PROCESSING 927802 867.90 PAPER CALMENSON + CO SUPPLIES, VEHICLE 027803 21.99 WILLIAM F 1 TRAVEL + TRAINING J27 29 P ETER SO N,BELL + CONV F EES, SER LEGAL RETAINER 127805 2.50 RAMSEY CO DIRECTOR FEES, SERVICE REAL ESTATE VALUATION REPOR 027806 617.16 F:AMSEY COUNTY TREASURER fFEES , SERVIC MICRO FILMING j 27807 34.06 THOMAS RASMUS O CONSTRU COST TREE INSPECTIONS ( 027808 59.76 DALE E RAZSKAZOFF CONTRIBUTIONS,INSURANCE ;ITY OF MAPLEWOOD A C C O U N T S P A Y A B L E DATE 10 -19 -78 PAGE 7 CHECK* A 14 0 U N T C L A I M A N T P U R P O S E 027809 27.50 REED TIRE SALES INC REP. + MAINT., VEHICLES 327810 147.50 RICE SPEEDY CAR WASH REP. + MAINT., VEHICLES ROMAN CO 4STRU MQN —_ AWARDE CONT 219eH L__Ti_.ALILy G SERV BURE FC = S - 2 _SZ_VICt .-27812 62.13 R CHARLES ROSSLEY OTHER CONSTRUCTION COSTS __— 11.37 TARGET STORES INC T REE. _INS PECTIONS__( MILEAGE_)- - 027813 89.64 MICHAEL P RYAN CONTRIBUTIONS X 27814 178.45 S + T OFFICE PRODU IN SUPP OFFICE )27826 5.81 TEXGAS CORP _ MAINTENANCE MATERIALS 627815 * 238.48 SATELLITE SERVICE CO FEES SERVICE _- - — C HEMICAL TOILETS — J27816 16,316.13 SCHOELL + MADSON INC OUTSIDE ENGINEERING FEES __.. E27817 1. .1 L SHIELY CO LAND IMPRO _ AND - UNIFORMS + CLOTHING 027818 11.90 GARY SPENCER TRAVEL + TRAINING u27819 89.64 GREGORY L STAFNE CONTRIBUTIONS,INSURANCE __, Z 782D 72.511 STANDARD SPRING + R tP _t_ NAINT. HjC_t -.E_S :,27821 179.64 VERNON T STILL CONTRIBUTIONS,INSURANCE .-27822 83.33 STRAUSS SKATES INC FEES, SERVICE LEASE AGREEMENT 219eH L__Ti_.ALILy G SERV BURE FC = S - 2 _SZ_VICt DATA PROCESSING 327824 11.37 TARGET STORES INC SUPPLIES EQUIPMENT 027825 57.33 TERRACE AUTO SUPPLY CO SUPPLIES, VEHICLE AND- SUPPLIES, EQUIPMENT )27826 5.81 TEXGAS CORP _ MAINTENANCE MATERIALS -E _ C 0 N T t 3 T B U T I 0 N S_aASl & A_N_U 627828 97.29 T R W REP, + MAINT., EQUIPMENT J27829 19.55 TWIN CITY FILTER SERV IN REP. + MAINT., B1_DG +GRDS 69..5 U NIFQ& W3 UNLIM SUPPLIES VEHIC AND - UNIFORMS + CLOTHING 027831 213.50 VIKING INDUSTRIAL CENTER SUPPLIES, EQUIPMENT 027832 387.35 VIRTUE PRINTING CO ITY OF MAPLEWOOD A C C O U N T S P A Y A B L E DATE 1U -19 -78 PAGE 8 CHECK* A M O U N T C L A I M A N T P U it P 0 S E 027831 213.50 VIKING INDUSTRIAL CENTER SUPPLIES, EQUIPMENT 027832 387.35 VIRTUE PRINTING CO SUPPLIES, OFFICE AND- SUPPLIES PROGRAM 027833 89.64 ROBERT E VORWERK CONTRIBUTIONS9INSURANCE 1 27834 54.54 WARNER INDUSTRIAL SUPP MAINTENANCE MATERIA AND -REP. + MAINT., UTILI 0_2 . 7835 33.45 WEBER + TROSETH INC R EP. + MAIN V EHICLES AND -REP. + MAINT., EQUIP 0 27836 7.50 WHITE BEAR DOD INC RE + MAINT., VEHICLE 027837 89.64 DUANE J WILLIAMS CONTRIBUTIONS,INSURANCE 027838 2,006.71 XEROX CORP XEROX )278 326.27 XEROX CORP XE ROX ]27840 244.78 XEROX CORP XEROX J27841 * 7.27 ZAYRE SHOPPERS CITY SUPPLIES, OFFICE AND- SUPPLIES PROGRAM 427842 E 66.60 ANTHONY BARILLA A/R MISCELLANEOUS AND - SALARIES + WAGES, TE. 027843 110.00 MARK DRAKE A/R MISCELLANEOUS AND- SALARIES + WAGES, TE' J27844 125.00 GRANT T GOLBERG A/R MISCELLANEOUS AND - SALARIES + WAGES T 027845 25.00 GORDON JOHNSON A/R MISCELLANEOUS AND °SALARIES + WAGES, TE 027846 56.00 GREGORY LANGDEHN A/R MISCELLANEOUS i :;ITY OF.MAPLEW000 A C C O U N T S P A Y A B L E DATE 10 -19 -78 PAGE 9 CHECK'S A M O U N T C L A I M A N T P U R P O S E J7.7856 464,00 BRO -TEX INC SUPPLIES, JANITORIAL i I 027858 5 CROWLEY FENCE INC AWARDED CONST CONTRACTS I 927859 7.00 EDWARD DEEG R H F U N 0 CANCEL AFTER SCHOOL PROGRAM _. 27A6n _ 30.96 D LVERSIELED__LECJiMO_LO_G.Y__ R E:?, + MkJN1.._L__E UI_P_M'N '127861 66.47 RAYMOND ELIAS A/R MISCELLANEOUS 027862 8.00 MRS RONALD ERICKSON R E F U N 0 CANCEL AFTER SCHOOL PROGRAM _9.2_Z$6.3__�-- �z41i.4 CL A3ETLCE.__E_LT EN __ A LR_M lS CELLA _Q_.U v "27864 .35.00 GEORGES BODY SHOP REP. + MAINT., VEHICLES 027865 909.60 HOFFMAN CORNER OIL CO FUEL + OIL AND- SALARIES + WAGES, TE P 27A47 53.00 PHI LIP MCGON_I_y.LE__ A /_-R__lU_5C_E1.LA_Ns.QUS. ANO- SALARIES + WAGES, TE 2 RAYaDN_Q_SAT 1 E R _A /EMI S -G LL A N _ O_U-'!— ANO- SALARIES + WAGES, TE - - -. 27_8 4 9 4 A . Il 0— _—,LOxR_-W—SQEFI6.LL -G-- -- —S A L A R T E S ± WAGES, I E_MR�. � 027850 25.00 ORRON THOMAS A/R MISCELLANEOUS _._ _A SALA R�E� '427851 66.00 TROY GLENN WARD A/R MISCELLANEOUS ±._W.A.G_c_S_T_14 127852 76.06 ACE ELECTRIC SUPPLIES, VEHICLE 327853 9.00 ANDERSON MACHINE_ TOOL CO SUPPLIES, VEHICLE ]2L8 -5 1� 105.00 BALD EAGLr SLING SCHL F E_E_S_,__S.ERILCE__ SAILING INSTRUCTION 027855 32.00 SEARS AUTO CLINIC REP. + MAINT., VEHICLES J7.7856 464,00 BRO -TEX INC SUPPLIES, JANITORIAL i I 027858 5 CROWLEY FENCE INC AWARDED CONST CONTRACTS I 927859 7.00 EDWARD DEEG R H F U N 0 CANCEL AFTER SCHOOL PROGRAM _. 27A6n _ 30.96 D LVERSIELED__LECJiMO_LO_G.Y__ R E:?, + MkJN1.._L__E UI_P_M'N '127861 66.47 RAYMOND ELIAS A/R MISCELLANEOUS 027862 8.00 MRS RONALD ERICKSON R E F U N 0 CANCEL AFTER SCHOOL PROGRAM _9.2_Z$6.3__�-- �z41i.4 CL A3ETLCE.__E_LT EN __ A LR_M lS CELLA _Q_.U v "27864 .35.00 GEORGES BODY SHOP REP. + MAINT., VEHICLES 027865 909.60 HOFFMAN CORNER OIL CO FUEL + OIL ;.TY OF t9APLEW00D 10 -19-78 PAGE 10 A C C O U N T S P A Y A B L E DATc CHECK'S A M O U N T C L A I M A N T P U R P O S E 027866 813.58 KELLY SERVICES FEES, SERVICE TEMPORARY EMPLOYEES X27867 47.33 THE KIMBALL CO SUPPLIES, EQUIPMENT .j2 7868 6.22 JAMES MCKEE TRAV =L + TRAINING :27869 8.00 DOUGLAS MEHLHORN R E F U N D - - - -- CANCEL-- AFTER_SCHOOL- PRCGRA 027870 8.00 LINDA PRIGGE R E F U N D CANCEL AFTER SCHOOL PROGRAMS J27 871 337.95 RAMALEY P RINTI N G SUPPL IES, EQ 027872 x 2.00 CHRISTINE SOUTTER BOOKS + PERIODICALS :;27873 58.89 THOMAS SPERL A/R MISCELLANEOUS 147 323,113.34 CHECKS WRITTEN TOTAL OF 167 CHECKS TOTAL 393,178.95 INDICATES ITEM PAID FOR BY RECREATION FEES CITY OF MAPLEWOOD CHECK REGISTER - PAYROLL GATED 10 -13 -78 DATE 10-13 -78 CHECK NO. CLAIMANT GROSS NET 18776 VIVIAN R LEWIS 520.15 356.77 18777 LAURIE L BERGSTEDT 380.77 262.64 18778 DANIEL F FAUST 1,057.65 764.73 18779 ARLINE J HAGEN 621.23 278.60 18780 ALANA K MATHEYS 297.50 217.50 18781 LUC ILL E E AURELIUS 987.69 576.82 18782 PHYLLIS C GREEN 569.60 383.19 18783 BETTY D SELVOG 555.03 354.41 18784 LORRAINE S VIETOR 421.92 289.00 18785 JEANNE. L SCHACT 161.84 149.63 1.8786 SANDRA K HIRSCH 682.88 430.17 18787 ALFRED J PELOOUIN 512.33 234.70 18788 JAMES G KLEIN 35.75 35.24 18789 TERRANCE C RILEY 133.13 124.21 18790 DAVID L ARNOLD 832.39 26.86 18791 JOHN 11 ATCHISON 736.62 454.17 18792 ANTHONY G CAMASES 817.39 470.24 18793 GALE K CLAUSCN 736.62 431.78 18794 KENNETH V COLLINS 845.77 290.43 18795 DENNIS J DELMONT 924.08 52.03 18796 RICHARD C DRFGER 822.00 494.10 18797 RAYMOND E FERNOW 722.59 260.60 18798 NORMAN L GREEN 856.15 404.71 18799 THOMAS L HAGEN 999.23 154.08 18800 KEVIN R HALWEG 736.62 402.50 18801 MICHAEL J HERBERT 743.08 393.14 18802 DONALD V KORTUS 221.04 164.78 18803 RICHARD J LANG 767.31 452.64 18804 JOHN J MC NULTY 856.15 473.73 18805 JAMES E MEEHAN JR 653.32 409.98 18806 JON A MELANDER 786.46 76.03 18807 DANIEL B METTLER 670.62 437.98 18808 RICHARD M MOESCHTER 765.93 484.81 18809 RAYMOND J MORELLI 722.59 496.18 18810 CAROL M NELSON 533.08 355.05 18811 ROBERT D NELSON 736.62 478.76 18812 WILLIAM F PELTIER 818.30 447.52 18813 CALE E RAZSKAZCFF 854.14 137.09 18814 MICHAEL P RYAN 722.59 339.23 18815 RICHARD W SCHALLER 1,127.62 656.84 18816 DONALD W SKALMAN 736.62 370.92 18817 GREG0RY L STAFNE '722.59 452.36 18818 VERNON T STILL 670.62 419.45 18819 DARRELL T STOCKTON 670.62 446.96 18820 TIMOTHY J TRUHLER 744.00 352.23 18821 BRUCE W WEBER 533.08 345.75 18822 DUANE J WILLIAMS 750.65 384.16 18823 JAMES G YOUNGREN 772.70 505.89 18824 JOSEPH A ZAPPA 856.15 580.06 18825 DEBORAH A BASTYR 316.62 215.06 18826 GERALD P BENDER 423.69 293.66 18827 JAYME L FLAUGHER 423.69 287.41 18828 JOY E OMATH 344.77 245.79 18829 JOANNE M SVENDSEN 431.54 293.08 18830 RONALD D BECKER 761.82 206.12 18831 DENNIS S CUSICK 946.88 621.30 18832 DAVID M GRAF 761.84 406.39 18833 ROGER W LEE 832.09 417.53 18834 ROBE=RT F. VORWERK 858.74 131.15 18835 IRENE H HAWTHORNE 316.62 205.74 18836 JAMES M EMBERTSON 611.82 412.02 18837 ALFRED C SCHADT 199.38 497.59 18838 CLIFFORD J MOTTAT_ 205.38 167.48 18839 MARCELLA M MOTTAZ 483.23 341.79 18840 FRANK J SAILER 270.92 211.43 18841 WILLIAM L BITTNER 997.23 700.75 18842 WILLIAM C CASS 809.54 420.76 18843 JAMES G ELIAS 654.00 395.81 18844 LEOTA D OSWALD 460.15 299.45 18845 DENNIS 1. PECK 654.00 384.78 18846 IGOR V FEJDA 511.20 356.26 18847 THOMAS M RASMUSSEN 269.92 244.87 „ CITY OF MAPLEWOOD CHECK REGISTER - PAYROLL CATER 10 -13 -78 DATE 10 -13 -78 CHECK NO. CLAIMANT GROSS NET 18848 R. CHARLES RDSSLEY 319.68 265.55 18849 WALTER M GEISSLER 625.38 418.23 18850 RONALD J HELEY 462,40 307.86 18851 RAYMOND J KAECER 547.78 365.41 18852 MICHAEL R KANE 539.20 219.34 18853 GERALD W MEYER 539.20 276.09 18854 ARNOLD H PFARR 539.20 361.09 18855 JOSEPH B PRETTNER 760.80 522.24 18856 EDWARD A REINERT 539.20 366.01 18857 GEORGE J RICHARD 539.20 345.03 18858 HARRY J TEVLIN JR 570.22 417.90 18859 M PAULINE ADAMS 562.62 370.64 18860 RUDOLPH R BARANKO 738.92 455.07 18861 LOIS J BRENNER 452.02 104.82 18862 BARBARA A KRUMMEL 171.77 108.75 18863 ROY G WARD 283.77 231.75 18864 MYLES R BURKE 539.20 314.08 18865 DAVID A GERMAIN 542.72 354.56 18866 MELVIN J GUSINDA 817.86 536.76 18867 ROLAND B HELEY 542.72 369.04 18868 FENRY F KLAUSING 542.72 301.83 18869 REED E SANTA 539.20 362.94 18870 MEGAN E GANGE 415.20 290.43 18871 JAMES R MCKEE 355.20 270.25 18872 CHRISTINE SOUTTER 355.20 267.04 18873 JUDY M CHLEBECK 460.15 242.00 18874 THOMAS G EKSTRAND 525.56 343.82 18875 GEOFFREY W OLSCN 838.50 557.52 18876 MARJORIE OSTROM 730.62 481.74 18877 RICHARD J BARTHOLOMEW 569.38 289.88 18878 CENNIS M MULVANEY 589.96 365.01 18879 EDWARD A NADEAU 462.40 324.57 18880 LAVERNE 5 NUTESON 789.33 323.21 18881 GERALD C OWEN 569.38 336.49 18882 WILLIAM S THCNE 548.80 391.59 18883 GARY D SPENCER 578.38 396.10 CHECK NUMBER 18776THRU 18883 66,051.72 37 PAYROLL DATED 10 -13 -78 18775 ERIC J BLANK 995.35 672.85 TOTALS 67,047.07 38,244.36 f/ f I MEMORANDUM TO: Mayor and City Council. PROM: Acting City Manager SUBJECT: Final Plan Approval. - 'Trunk Highway 61. and Parkway Drive DATE: October 13, 1978 The Department of Transportation requests City approval of the construction plans and specifications for improvements to the intersection of T.H. 61 and Parkway Drive. The Council has previously approved these plans; however, there have been minor changes. Previous Council action concerning these improvements are as follows: - June 1, 1978 - Council approval and agreement between the City, Ramsey County and Minnesota Department of Transportation concerning temporary traffic control. signals at the intersection. Under the agreement, the City is responsible to provide electrical power to the temporary traffic signals and provide street lighting at the intersection. July 20,1978- Council approval of the final plans and specifications for the improvements at the intersection of T.H. 61 and Parkway Drive. Council also approved an agreement between the City, Ramsey County and Minnesota Department of Transportation covering the installation, maintenance and operation of traffic control signals, street lighting and the emergency vehicle pre- emption system. Under the agreement, the City is responsible to provide the electrical power to the traffic signals, provide for intersection lighting, reimburse the State of Minnesota Tor the installation of the pre - emption system and reimburse the State of Minnesota for future maintenance of the emergency vehicle pre- emption system. Staff has reviewed the plans and specifications and recommends passage of the attached resolution. Action. by Cotmoil:l T;nd orsecL.s_a_..�_.wu iGodi. 11 g @ ��e��rsoT q U l.� Minnesota Department of Transportation District 9 34 Fladley Avenue North, ]fox North St. Paul, Minnesota 55109 September- 25, 1975 Mr. Michael Miller City Manager •- Maplewood 1350 Frost Avenue Maplewood, Minnesota 55109 In reply refer to ""':319 S.P. 6222 -85 (61 =1) Construction Plans, Special Provisions Grading, Bituminous Surfacing, Turn Lanes, Curb and Gutter, and Signals From Larpenteur .Avenue to North of Parkway Drive City of Maplewood Dear 1G5r, Miller: 2050 (612) 770.2311 Transmitted herewith are Construction Plans, Special. Provisions, and Resolution relating to the proposed location and construction on the above referenced project within the corporate limits of your City. These pla those previously submitted due - be some minor chan ges. If agreeable with you, will you please place this matter for consideration on the agenda of an early council meeting for its approval. After execution of the resolution, return one certified copy to this office. lVi.11 you kindly advise this office when this matter will be considered by your council. This project is scheduled for letting on October 2.7, 1975. Since State Statutes require city consent prior to opening of bids, it is imperative that we have this resolution in our possession prior to October 20, 1978. Sincerely, Y N. Burrill, P.D, t Director Emclosure : From: City Mign Referred To: Mayor Clerk'_..__......._._,_...._.. Fin. [)ir! „ 't:•.r...._._.__._.. Corr. Pub. File ........ ...... ,... . .... Date..._.__.__._ An Equal Oppa9nmily Employer Ved Proj._ _ TOM UtIS !i IO R E S O L U T I O N At a meeting of the City Council of the City of . R , held on the day of ., 19,_ , the following Resolution was offered by seconded by to wit: WITS VAS the Commissioner of Transportation for the State of Minnesota has prepared: plans, special provisions, and specifications for the improvement of Trunk Highway No. 1 renumbered its Trunk Highway No. _ __ 61 , within the corporate limits of the City of from the _'Souih corporate limits to Parl Drive to and seeks, the approval thereof: NON, THEN, BE ST RESOLVED that said plans and special provisions for the improvement of said Trunk Highway within said corporate l'imit's of the City, be and hereby are approved including the elevations and grades as shown and consent is hereby given to any and all changes in grade occasioned by said construction. _ BE IT IURTIIER RESOLVED that the City 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, to be parallel with the curb adjacent to the highway, and at least 70 feet from any crosswalk :, on all public streets intersecting said trunk highway. Upon the call of the roll, the following council members voted in favor of the Resolution: and, the following council members voted against the adoption of the Resolution: whereupon the mayor and /or the presiding officer declared the Resolution adopted. Dated STATE OF MINNESOTA COUNTY OP RA14SEY CITY OF MAPLEWOOD 19 78 —� Mayor�� Attest City CSer). sa. I do hereby certify that at said meeting (of which due and legal notice wan given) of the City Council of the City of Maplew �, Minnesota, on . the day of . 3.9 78 ; at which a majority of the members of said Council were present, the foregoing Resolution was adopted. Given under my hand and seal this day of 7.9_ 78 City Clerk II I a ry I Lr G } i b ^ � �$ a�,d o `• �n n o oe �.. yy 4 :S �„ it Y ., h o no ° l \ cif .� .i•f d � '!% .; � 8 _. S Ibfi. \ fy ; V jj y, 9 o P • � \ \�\ If \ -.� 4 J e s i vn s. 4 \ \ \ ( 1 I 1 I I �C ° �a br a \ \ l\ ��'ti� i \ f •'t � � � � � I %1 � N "p e e4 I 4 y 1 -.rtn I it— I\ n r 4 o- T. 1 iJ I I i € i IJ lI o f _n it n r 4 o- T. 1 iJ I I i € i IJ lI o f a s \ P � •`O � 1x � I �. � � uman, -..o-iK .� l ^° WP ". \I'•�;;.. `\ \\ \\� o °h Jrvv nY _.._ � I o tj . 8 q ua sa n �� i \.n l•. v � 9 ' vj• � 4 ,1 0 ' W�`:�na, r.nn � � OO�.I4Y Ox a. e` \ 1 ,v�vn° -� roa�.zoo G10 f0• i I 01 \ \ �' .� 0� \� \ •, \ i i i; MEMORANDUM TO: Mayor and City Council FROM: Acting City Manager SUBJECT: Selection of Consulting Engineer - Iiila crest Development DATE: October 16, 1978 Attached are proposals from three (3) engineering firms for completion of the feasibility study for Hillcr.est Development. The study was initiated by the Council. on .June li, 1978 with the stipulation that the requesting developer would pay for the feasibility study. A recommendation will be presented at the Council meeting. / I AotlotY 'kiy ('ot�tr,.:7i; %lga lJ��t MEMORANDUM TO: Mayor. and City Council FROM: Acting City Manager SUBJECT: Feasibility Study (Hi.11crest Development - Selection of Consultant) DATE: October 1.9, 1978 On June 15, 1978, the Council initiated a feasibility study to provide public facilities to the Hill-crest Development properties. The study was ordered with the stipulation that the requesting developer would pay for the cost. At that time, the Council directed the staff to report: back on the selection of a consulting engineer to complete the study. The Council has been forwarded copies of proposals from three consulting engineering firms. The firms asked to submit qualifications were selected as they are of the size and experience to offer a broad range of municipal services. Staff met with principals of each firm to discuss the nature of the study and the firm's capabilities. The proposals received are general in nature, presenting the qualifications for the firms and their approach to the study. It is not possible at this time to expect firms to estimate costs as the scope of the work is not well defined. The study will require the engineers to investigate and incorporate a broad number of variables into their study, including the developer's plans, City drainage, sanitary sewerage and water facility plans, proposed McKnight Road and Century Avenue upgrading and the probability that this project will be combined with a project to provide adequate water service to the Maple Greens area. This study is typical of many feasibility studies in which the extent of the project is determined within the study. The amount of engineering investigation needed is determined as the study progresses. The extent of soil borings and survey work is determined as the alternates are developed. In these cases, it is not viable . to select: consultants on a cost - proposal basis. Staff would therefore recommend that the Council consider the following approach to engineering services. For purposes of regular public works improvement projects, the City would informally select two or three firms with a broad range of municipal engineering capabilities. The selection of one of these firms to complete a particular project would be based on the project requirements and the firm's background and performance. Feasibility study costs would be based on time and material costs, with a "not to exceed" price negotiated when the scope Page 2 Of the project was determined (stan(lard contract form) . For items such as the transportation study or design of the Public Works Garage, a formal. selection process would continue to be used. This approach provides a number of advantages. Several firms that regularly work for the City would provide compet�it-ion and allow selection based on best performance. Additionally, it allows flexibility when a particular firm may have a possible conf:l:i-ct of interest; such as, working for. a private developer on an associated project. Limiting the number of firms provides significant: administration efficiency. A consulting engineer must be familiar with the City's standards and the service level anticipated by the community. The City officials and staff must: have confidence in the firm as it will. be making recommendations that have a far - reaching effect on the community. Because of the volume of relatively small projects that are ac comp lislied by the City each year, it is not viable to follow through on a formal. selection process, hire a variety of farms, familiarize the farms with the City and staff requirements and be completely confident of the results, without spending extensive administrative time. Engineering firms are retained to provide professional services and it is not recommended to open each job up to the market place unless performance of existing firms is unsatisfactory. Under this approach, staff would anticipate continued use of Schoell and Madsen, Inc. and Kirkham - Michael and Associates as it is felt they have been providing satisfactory service. In addition, staff feels the City should consider Short, Elliott, Hendrickson and Associates for providing regular engineering service. It should be noted that Schoell and Madson was not asked to prepare a proposal for the Hillcrest study as they currently have an extensive workload of City projects. I is the r of staff that the firm of Kirk ham- Michael and Associate_he . retained-- to-- complete.._th€__)l],lcrest feasibility study. is reconnnendation is based on the firm's background with the City water system. The project will require extensive water system improvements. In addition, it is anticipated that a petition will he ' received to upgrade water service to the Maple Greens area. This will require the extension of major feed lines on McKnight and Century Avenues and may involve construction of an additional elevated storage tank. The facilities to Hillcrest then become an integral part of the overall. improvements, 10/19/78 The following is a list of consulting firms that the staff currently is working with to coordinate public works construction. -------- ---- -------- - Firm deal _Lr -jects Public/Private Prof, Barton, Aschman, Assoc. Transportation Study x Barr Engineering Storm Sewer Plan, Ditch #17 x x Brandt Engineering Maple Greens x Bather-Ringrose-Wolsfold, Inc. MapleWoods x Short, Elliott, Hendrickson DeMars 10th Addition x Carley Engineering Car Don Estates Ellison-Pihistrom, Inc. Conway Addn.v Progress Realty x Hedlund Engineering Marv. Anderson, Crestview Plats, Battle Creek Addn. x Harry S. Johnson Engineering Hillcrest Development x Jack Anderson Engineering Conway Avenue x Kirkham, Michael and Assoc. Water Study, Water Tank x x Howard Needles Tammen and Beam Avenue and Bridge Bergendorf N.E. Area Streets, etc. x Schoell and Madsen Engineering Mailand Road, Maple Greens, Ridgewind Addition, etc. x x Probe Engineering Tilsen Plats x Toltz, King, Duvall, Sewer Study, Municipal Anderson and Assoc. Facilities Study x x Suburban Engineering Co. R. ''D'', W of White Bear Van Dahl Addition, etc. X Pace Engineering Maplewood Hills Townhouses x Setter, Leach & Lindstrom Public Works Facilities x Geotechnical Engineering Soils Engineer x x Subterranian Engineering Soils Engineer X Twin City Testing Soils Engineer x X Braun Engineering Soils Engineer x x Campbell Surveying Land Surveyor x x Folz Engineering Land Surveyor x Lake and Land Surveying Land Surveyor x x ... it It EM0KAN1)IJM TO Mayor. and C.Ity Council FROM Michael. G. M:i_llcr, City Manager SUBJECT: Pub:lIc Improvement -- H:iller.es't: Development (Age) - ida :CLem J - -3 DATE June 1.2, 1.978 Hi'llcrest Development has requested the City to make available to their property, water, sanitary sewer and a storm sewer system. The property is located between McKnight and Century as indicated on the attached'map. Thc request prov:i_ des no details as to the specific improvements. necessary. The developer has indicated the improvements are being requested to serve a proposed development which includes varied density residential dwellings and warehouse or light manufacturing land uses. The City has rin received an application for the approval of the proposed development:. Should the Council choose to initiate a feasibility study, Staff will work with the Developer to better define the scope of the improvements. As the project has been requested to serve a single development, and it is unclear as to whether or not a petition representing a substantial amount of the affected property can be filed, it: is recommended that the Developer pay for the feasibility study. Should the project be ordered, the cost would be reimbursed and applied to the assessments. Action by Cowicii:. Endorsed.,_...._.,M.. Modified......_._ _ I2ojectel .. - ­I ------------ EN I I- 'i Cm I f J > RD < B E AV E R L A E S TA'T.__ r. MARYIju, rc qj AVE 0 EN I I- 'i Cm I f J > RD < B E AV E R L A E S TA'T.__ r. MARYIju, tjl.lDAHO -AVE . .. >_ ui W r. O z 0 Ln Cf) 0 C-) Y 0 r --- [ r, ./v Gcp ------ AV vi A G 1, L I A ..... .. . ... rc 0 tjl.lDAHO -AVE . .. >_ ui W r. O z 0 Ln Cf) 0 C-) Y 0 r --- [ r, ./v Gcp ------ AV vi A G 1, L I A ..... .. . ... Mf_MOR All DUM T0: Mayor and City C ouncil FROil: Michael G. City Manager SUBJECT Consultant Services (Agenda Item t. -2) DATE: July 23, 1975 The question has been raised as to why the City of Maplewood does not acquire engineering services on a competitive bidding procedure. The State Statutes specifically exclude professional services such as engineering and legal services from the necessity of following a competitive bidding process. The ethics of the professional groups are such that competitive bidding is excluded. The accepted procedure, and the one which the City of Maplewood has followed, is to 'interview several companies regarding their qualifications. for accomplishing the specific job and then select the one most qualified. Plegotiations are then conducted with that firm on such matters as compensation, services to be performed, and time limits. If agreement cannot be reached on those matters with the first: selected firm, then negotiations are terminated and the next.qualified firm is selected to begin negotiations. When a certain engineering service is a natural outgrowth of one under way by a currently selected consultant, then at times only that specific one is interviewed and negotiated with. This is why a considerable time is spent by several staff personnel in selecting the consultant for such items as drainage study, facility study, and water systems study. While another consultant could be utilized, they would have to acquire the necessary background which went into the studies. The price range is fairly standard for project design, usually varying between 6 and 7 per cent, depending on job size and complexity. Companies also have various policies within the quoted price range as to whether this includes secretarial services, completion of as -built plans, traveling expenses and many other items. The preparation of specifications for bidding to cover all contingencies would require additional manpower. It appears that the current practice of selecting the firm on the basis of qualifications to begin negotiations is in the best interest of the City. One frequently used argument for the continuation of this type of procedure is the question "If you needed a brain surgeon, would you select the one based on low bid? A Contuctice :E'a ° rnithis ^..actor disragrces vrith SBA, competitive bidding b rrchitccts "rcl;r <slv :, shalt- . sighted, - umsork able , and it v, forecaltfc: 'where arc other fuctors in architect selection, he says, which deserve priority. yr Specl.&I. skl.11a exe. required to provl.de lipm.C.l. AB oex°tld.ce,se o f Art _• I -��, ea IIIro r - -� t,t��r - t it � �r'til -1>, m� � [ 4.1 x.r �t ri \* l°. I_lJ f..- F 11 ffa f a �,,> J \...v Id (. t.�19 k, -� ytJ \?)- „�(�'�I iz%: �"xl I L tfi�, .: l u `�,.� t3 �.✓ L ° ,i �F jo-. ..11, (� tI("1 11 �:.� \ L tJ g�„�tl W k) f,.. - /a"� : -• Cam✓ jd 13 by JOHN GREENHM.GII Assistant Superintendent - business Fair Reld Public sellouts 100 Reef Road Fairfield, Conn. 06430 IN AUGUST School Business Affairs vou say' "AS130 feels that public tax nonce spent on architectural services shouldbe dispensed only on tilt, basis of free and open competitive bidding” per your perspective of how AS130 feels cones front your broad expeli- cnce and personal contacts. However, some ASBO mcnibco :s sere this profes- sional fcc• slicing as it mixed bag. I offer thc• concept that the fee sched- ults in(- just and proper and to evalu- ation of an architect better rests with the services provided and performance t For example, sour(- archi- tects will provide seemingly unlimited planning counsel, studies, schemes. mock -ups, materials analysers and de- sign solutions or alternatives. Or, there is it whole range of specialists in social and /or behavioral sciences that architects uav ctinsult or provide for consultation in order to better fit it physical environownt to the needs of nun. Others (fur th(• same• fcc) mar be overly concerned with the time and tx- pense thc•1 incur Ioy rcndcrim such it rallge of services to a client. Some may not even wish to be shaken from )� 3 I F. in old, established and Wiufortable design syndrome•. Another example of variance among architects is the• inspection services provided during the construction phase. The regular contract with air architect slaters ... I'ht Architect shall make periodic visits to the site to fa- miliarize himself goncratly with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the• Contract liocunu•nts. On the hasis of his on -site observations as an Archi- Wet, he shall cndenyor to guard the Owncr against defects and deficiencies in the Nark of the• Contractor. Tilt Architect shall not he required to make exhaustive or continuous on -site in- spections to check the quality or quan- tity of the Work. The Architect shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precau- tions and programs in connection with the GVork, and he shall not be respon- sible for the Contractor's' failure• to carry out the Wurlc in accordance with the Contract Documents." There is much latitude for varying interpretations (and corresponding; services rendered) under this clause. 'rhen there's the entire area of finan- cial accountability of a construction project. The architect has the deter- mination of degree of completion for partial payments and the duty to arbi- trate and adjudicate disputes. Again a range of services can be provided in fully and carefully ae_rounting for the project or by routinely accepting and approving the (. ontractor's submisisor;s. One step beyond this variabititv.in services, let's examine some issues of the fee structure. The architects fee schedules are based on loCatlOu, size•, an(I eromplexity of a project. By inference., these fac- tors affect the cats that the architem- tural firm expects to incur in undertak- ing the project. A national across -tire -board average for architectural fees would be in the 71, range of 643l, a very small part of � the total cost of a project. If a frac -lion May, 1973 rr 11 r1l tL 4 a in Gorith o f thi, CoUld IW Sha\V(l through Sine( fees art- allcgcdl.\ equal, it large an otitstim(lill" , ' U ar chitect, c"llipctitiNc bidding it would hays and troublusollic round of balgailliov. -�Warlull :\sll!C\, M-loto in Sclulol Man- Nery "nall effect oil the cost of the which would cloud the issues of client. aoVillent, Jiil:/ 1969. 'Shop for all arcill- N%hOIC project. Should the 99 project conipalabilit) ) is eliminated. "Pilo e tcet. Thciv in(' good ones and bad cost% he icolial dined for it I" sa\ ing in client can look for scr\ ice and perfol - ones. The loan on •llga"c can itiaLo"r architectural conlilli-ssions? And over Inallec. This "enCrath' i'LlaralitCOS ;I break \OLIT' building pT'Oj0('t. Seek a the lif of the building it becomes ev en careful scilitill\ of several architects. Ilan Who combines aesthetic sunsdivi- lesm, s it'll i licalit. all oil cclual ill footing. The I tV, clivillecliln , kilmded!'c' cost coll- 1 .1 ('OU it ld t\"Il and fullv ;alicial client as:.csses ( )it v what each architect sciousituss and undemanding of loot I tatted w\p\riwncod fjr:o cut itS fee, I a., can or will do for* him. educational program. it, ( - \ p cn %c s i n c nornial and L'\- The - VlLclDatiVC: THE LON%' RID , rhL a Cost Don't t,\ orr \ too 11111C11 about ill(' 011 )it,olt pr ofits al c not ht in:; 1, %diz( d. I ) I: I V 'I'lic only firm serioush con- of the arellit i ct's services. Aicltilcct's Plobjhk nut_ cm".ptIle I"( ill:! so In,- sid"Ied. firms tees, lik(. Ill•dical charges. "Lt fail]\ Of t!:,' 11"IViCC1 It WIL red. would be impractic al at best Or hypo- %Lffldald and till' best architect Oil t other hand. \dia( manner Of eI is \ . The iTnpL'tllS would be down- w,th little more than Ili[- worst, So let alch;tcCt %tould 11.1\v the ritclitial of . ward. plict.Ntise. N( Reaction- \ first coihidcration be the qualit\ I"docitt'-1 his iocolllc' al Regressive' sholt siijited! of the prospective arc'hitect's past The \ and illONI)CI it HCCCI i who work. Look for variety. scope and iiii- ill , (1, the \\ oI k I agination. YOU Want '1IISW(rS to dICSC The 1, ." lnls\ ; PCI IMP, I'll it I ua<')Ifl **AE services account questions about hirn: The nia,s producci NN Ili) has all itin- for only a small pot- Does he work harmoniously xvith It; p1cliblinx I Lion of construction clients' The sui,(ont) a( lill. coordinator costs but have a major Is he available to clients when they Vic copict or duplicatol impact: on total life-- need Min or too busy with other pro- The quaiitit\ di I cycle costs. to give them fall attention? Till- icesplii1c). The Does he consistently conic in within Till' IlM ballot like used car sales- et? - budget.' men \Olo quote a Ili\ price then tack Does he provide economy of space oil c\tras Is this typo of medicine NvOrse than and materials? For example, what's Ow dkc�t,e if, allcaes to cure? his record oil final herin-the-door with soil prices beim cut, square footage costs? Axe the bills on his projects consis its lik( k that in chitectural firms with tently close , Old change orders or ex- an aujif of m%sti(lin• would be free to I tras few? (Jr. not, his drawings and raise the it fees with no limits, not even may be complicated o specifications ,I bench mark of fees to refer to. inconsistent A look at (lie Ginnecticut Ai•hitcc- tural Examining Board'Codo of Ethics Does he adequately supervise the (whM, is not unlike the Code in other construction phase? states I p! ot. ich s ;I ])road spectrum of Are his school buildings pleasant to thou sha)ts and thou shalt nuts. Stipu- look at and to learn it)? Do staff inein- lations (h all phases of piofes- bets' nd public like the finished pro- SioIIZII praCtiCC. Conduct, judicial funs- duct tions, non- conflict of interest, irnpar- Does his work show variety (differ- tialit I- \. , sponsibility to client. relation ent kinds of buildings to solve different ' with coi.tra•tors, of dona- kinds of educational problems) or a prohibition tions or contributions, oli•iting aild dreary sameness of design ?" advcrtkiiig restrictions, relations with I suggest that these are the better other arc-Ilit(icts and it non-bid clause. bases for archit•ctural selection. I su-,(, that the Code has to he There's a cartoon around. poignantly taken as it (oluplctv entity. To remove alluding to price as a consideration. the non-bid claluc floill fill' code of A seedy looking character is peering ethics would leave Illail\ of the other around :I Collier with a bundle under highly deNirablt. ttnct.' unworkable his arm saYing , "I 1c,\ buddy, d'Ya, want alid unenforceable. to bit ' v I used parachute, cheap?" Under Ill(- present fee structure there Albert Einstein said, "Sometimes one is It choice; a (i l l oi•, to a .I a fi pays most far the things one gets for that \\ ill illost In, I-( the clicilt's nce(k. 110thing." 68 SCHOOL. BUSINESS AFFAIRS Reprinted COtk IYU-tir`Z n � r. c I Y� .l I A H . fa'ar4 COV+:Y.'t117(.'115: )' ° :CCU1; i.VCp )' :UQY. ° � 1 - : ' % Cnpyri.fQlt. 1i;.ecufa.vu 1'ui7l.zc :at :loflraP X1lc.,` ��t., . � ^4' p \\ F _ r � w ry n ( v sr.� w ! ptipsl sw �[ ... 1j A i � rt �`' � �� ..11 C; d i, }i ,� .39 ud i, l; � l .;; fi C,� ,?1 I- nesi.gn resulting Strom coalpetitiv;e., bidding su£fe:rf 115 By EDI'.SUlID 1'1.WEISS PHD qua7.i.ty, economy and eM(A_0ue Y. Associate. Dean `t.•- S+a�in gt; due to coslpet.itiv'e bidding free: ,rra11- AnnenbergSchoololCommunications III Um ve , sity0 enns). knnia .._..._... ....... —_.-_. ..v..__ . r ..._.. » ......_._...-.... 4.,,..-_._..,_.._..___».....,. ._m- W- .�.._.. . It almost never rails. In cirtuilla coucil Schol I'M p - t r Jmaoac i who, i %%he o n Y it com dine liJ ,)4�u b` rryie • • +, to apploN e the awarding of bids, x1 III ask If r: In state and local tagormics, tho "loviost bic' €o'er" ayndtarre results I'a the decision has been given to the "low(csl) bidder" waa Ae, delay, inefficiency 213171 lrnnt.ree:c:;y cugaanse. There U no belief more dc':Ir to the pop h The I ?I:r51 :try process ctr.'ri : ^,r B:i111 !t i7 P'i•3;A4),' f!I�tanClilt !:�t1r'Q';:rt on Si`U;. uli,t legislator or citizen watchdog than the governtnent :;i anti upUVrrt^ sorna rldk :ttl G1 pr,.GSUcou. notion Ihat cornl bidding is the a C)ne nic ^. .;Or [•esu1P: dart e ;crinlc,nP Iiioa ; isC: tl I,a CUStar+SCr. strongest guatalilec lot saving taxpayer's 'file pTOC69a P. S, ^,LR :Sl`; t!i PjOC ^v rrt :'(t G•ni GESi'.°,Ial:D Gee) €:CPrii;Jt tlflCtS lit money. In theieminds, there is no sai nlJre reealRy lttC rey Cr30 Is b,+ frtr Sila rlarri5•° -17ne It fp0her Vzs_l urrt8a InMi infernal than to award a contract of any a ficlats aro incapriM r of InN.11i,jent purcilMitI y 6301910153. _ substantial sire without such competitive o There !s a better way. bidding. review of seer. rat ~ versions - oC the ^ worth[vorkgoinv intoacontract for an —of Governmen SiLU'den specifications: technical consultation to equal amount of services. But even in less C ompe[ilisc bidding, like other complete or review parts of the extreme curses, we should be mindful tfiai itmernmental institutions, is a practice specifications; development of proposal r the crononllcs associated with alan ire p created long ago to counter certain review criteria and weighting schemes; competition forelearlvdeft political abuses, but which has omlo ed its dek lopment of advertising and publicity servicesare rarely asunich as 10 of IY,b. 2 usefulness and become a public burden. material: bidder's conferences; technical Even allowing a difference as large as But, unlike other institutions (such is assistance to competitors during the 20- ;c between the lowest suet highest biciclrr, " tenure" for public servants), the public— pro w stage; review of e oral- g• 1 p u h' le the most to be w ined onaS10,000conaact g' and esen persons ingocerument —have not work product specifica is 52,000 -- roughly two weeks worth of a yet be gun to perceike its undesirable ?in en or- mailing, and clerical activities of an coot• senior government employee (including effects mousscale :ctc. direct, support. and nk'erhead charges). 1 - el, the evidence grows clearer. In In larger municipalities, in stale and The maximurn benefit on a 5100,000 pro - alin es am transaction of state or local transaction of stat federal ngencics, the burden of preparing jest is 520.000, roughly half -a- man -year giikrrnment. result in f orcompetita yebiddinggrmvssogreittlat ( direct, support, and overhead charges). vk rite delay, inert icie tics. a lid unnecessa n . m it frequently entails ore cost than the F% cnoncwithexperienccingo k'ernmen t ` ` - value of the product being bid upon. and, has seen these amounts exceeded in the ef- ------' - . - - -'-- in almost even' case, excecds the potential fort of developing specs, reviewing and " yy r•* X d 1st savings ass ociated with competition. evaluating bids. And these limits are we nest The governmental burden does not end probably the maximum attainable benefits FI S, once the•'specs' or "RFFs have been dis- from genuine competition for well defined governF ient f3tj�cC - 'scminated to the bidding community. On products or sen'ices. Competitive bidding the contrary, there may be as much effort ( °Snftl defined p roducts and services y" R required for review. evaluation, negotia- are, obviously. a bit more problematical. i s a brey inn CCtL��rl tion. contract formation, and implements- One can assured though. that the newest . tion of the successful bid as was required bid ona "surge\, "isi crely a promise to do ZrZSPr"2rrP2P.r1t_ f Or' ... during preparation. less work for the g overnment client than g Dollar Aspects the high bid.) t „ vii lance. - All of this acti% ity costs money - -even it In addition to this added drain on if happens to be salaries that would have governmental resources —often in excess -- ---- -- "� been paid'ansv :ay. In some cases. govern- of the economics to be realized —there is l'he principal defect in comoctitne bid- meet ua) even be obliged to contract for the sometimes greater problem of time. dine is the burden it maces on government scrn'ices in connection will) the bidding This process can take forever. nselt. each bidding a possible only after process, and one even sees cases on which' One state of my acquaintance usually re- Inc development of specifications or a "re- firms bid competitively for an opportunity quirescighunonths to a yeartodevelop bid quest tier proposals " - a task w Inch may ic- to help the government develop slres for specifications for computer serv'ices— yuira>cvrrdm.rn- moors ur years of seine future bidding --from which the independent ofthe scope or urgency oft he eovrnnnrr.t work. \x bare purchases of arc specs- doeloping firm may or inn, not be service need. Computer services; like some site are concerned, the development of excluded. other products and sen' ices, (end tobepar- '•spc :s "mad involve' the formation ofcom- As indicated earlier, rile cosh of this liculady vulnerable to delay, because so mittees: rrscar6 into existing products. process may exceed the total valueof the man)' bureaucrats have feelings about the tdrhnologhc,, ur procedures: draitrg and transaction. It is rase to cm kion 55.000 subject. FEBRUARY 1975 6b ' ti . , 11 ..... "., ..... ..... -... 3rSe- 7eCI:j.on Of Lhe 'fpv,b�,a I,.ty matA 1e-.a; work,. ' •ttir s 7l f._ } OUh,. t a' .. t, .. lhoul.h, ()(her comp_tinot burdens ;Ire wishes a t f a pas,ed nlnn{! to the puce I rmw ii clie nI. Out .Second, L, toe of (.Innuwh! If (ethic mr \ proposals made. which, a ^, tin raises the pmchast:s that mac be node without corn . ovc ncCa(I cost of tilt set N. aI)d plod acts petmive bidding Most lqcncics now bars sccmc(1. such a A :nm-- rrcqu, uty S? 51h) wh sh Beyond these direct increases m east, • Incaus that the con. rn Of )!IrCh !,t's , - nit Uhough,Ohelannp :ulm bmdersan +s- without bidding is n+t entirely ahwn. I - `\ .. r el l along to the ruvelornetm Cheri Put ceding ought lie I n d ill Ssu VO) e 7 simpl eon ipelitile Gddui }•((1117 +gov rrit- SIG00 rely or eliminated enti .. Wd ' - men( io he a Gad ( IesI a m er a r id, theaft)ie, If Conk pc hi iv bill f Iig is to be I c ta unell i 1 get had Ile "J(niClit fr om the vendul. ., Shrine cost r ]Ages, Illell third, defl::e aset of. II, in filet, the Conificlilol has chit !ash products and scr \ices which m.. ^.y he price as low as possible. lie is oil :fell to chit purchased without badhng,poviicd lheil his scale( I1 • caunm afford to goe e>.tra time h e l !s m li h to rep( ,,e danlag i 3 costs fall a ithin st tc or federally r, g la icd it11 it cost ta. „es. goods 1 uh Tiles dclnety inn Iin(,rlt\ These policies tend thani,elves td + b:lsis \yh hch I n ohs his bette r custonhe n, he gradual implementation, ehanp,nh the ` prondc s as huL: follow-up a .1st m ce as he finmts and exempted IiM each year - I btu call gc( a%kav with; hecutscornehv, he never the} lend themselves to continuous c\alua- , exceeds the contract spcafu:atious. a tion as a basis for alter imp. Uleut. The risks _ This ritiFioess and u ncoopciatnerlt Ss) are so slight. and the potential benefits so \`(eis5 Birds on bUn idc-ao-.:vxa�a Oil (lie :u. o; the Contractor may- bCCOMA (acat, that itis hard to understand v,hatob- (Into(.,tingly contractor wishing to do eapcc„ar, important„ i,ri it hs learned t ct jections might be raised to these changes. ' work for FIE \ \ - ill \\;nbinEt r. are obliged sonic liemucant fealul•- or lequirenlcnt Of course, to vermin tic+ the populist to u t6c Dep lImeni s computer utility; was toil out oI til original specificanon,or ideology with which we began, some the ¢rnaround ImIC is usuall} so pool. con!:•..t .m event whicih Lequently oa resistance Cray coe fro those persons resista m m m however. that ,the envernnlenl frequenty curs. Because of the onus of re- negotiating who belieec that competitive bidding is a - ends up pacing a compile consultant for the coot race — perhaps reye!i rill C, a return to , safeguard against proiligicy and camp- " tin or Iwcnty bouts of waiun^ to do :l lice the entire bidding process tile govern- }con. I hey tear the n• +nnrtunifv for colic - minute job. I relluerak. these cost, include meat may be obliged to actually big the Sion between wend(•. "d gowernmeut, o\crnight lodging, which, along with other contractor foradditionil scivice-. they anticipate orerpacment for shandy - expenses- need not have been incurred if The contractor. in turn, niav refuse to products <or••kickback, !,lthepurdiasing,l . - the consultant would have been allowed m pros ide it (because his margin is so small) party. use a more efficient Computers sen ice.( or possibly secure some improper con- Rmlinei istrtsst, Painful Flatio sideiationinafu turctrarnucliva.lncithcr � 1 he rewlt is a Sidi nulney and wasted event. the cost and efficiency of the ' 7 "he counter- objection should be r aised .; . time. ihclaerollen l ulimi. inmissedop- tt ct governmental process are adversely however - that competitive bidding isna and -' purrmitics :md modrtruu, inennceniemcgs a(fecled. effective measure for coutrohng these evils. i 4. to the public and to government Competitive bidding imposes still There is nothing ill it to prevent ml -� employees In addition. the slicer agony' of further burdens oil the' competitor. scrupulous government decision - makers •, getting a crwtract hid usuall.: means that it Because of (Ida }'s and uncertainties in the from invmngvendorsto paiticipatelrchind In' ill be let. even it it is no longer neccSsiM. process the contractor frequently overcom- the scenes in writing the specificationsi hhus. :t bureaucrat w ill award a contract to ,nits himself in s,\cral sinmitancous bids. (resulting in a "wired" request fort c\alumc it program which ha,already been If. as the averages occasionally have it. heis proposal.,). cauccicef -ooh hzen:,e So much effort has overly- successful. he is unable to deliver to There is nothing to prevent the illegal been imohcd in getting ilie valuation pro - sane of hisclicnis, because of shortages in release of "scalzd bids" to favored vcndors. jcct approved. specified. hid. and awarded. manpo\\ - cr or materials. There is little to prevent awards to bidders livery vendor and conitactor who par - Extended ddars can also hate the ad- who are not the lowest bidders since. ,. licipates in comprtitne hiddmg is obliged ditional effect of making the contract till- in most government regulations, con - - to ..charge more for hi, products and lenahle for the contractor; ill sonic cases, ,itlerations other than pace are allowed service, (o pas for the ON 0! costs o(' his costs have r i s en, so Inuch sine the bid to be used as criteria (such as "ability u) prcnarine:n..., ....��,., ra , iul bids. was submitted .Ih;u he can no lodgerdothe perlonn "). '' -, ' In eadi wnca the job at the figure provided. In this case- lie Contracts can be awarded "sole source OW >p,u. tin year. ' emcnunen; calculates bow much is left in may attempt to cut more corners; or a s in by breaking them into small parts, so that, its fiscal coficrs and decides to hill as much sonic instances. simply refuse to deliver if the limit is 52.500, a 510.000 project is ' of the ,ef•. iccs and products it has been and oblige the gosenlment agency to re- awarded in rice distinct phases. + wanting as it can atloid. ,nnuhaneousl,v open the bidding process. In short. if we distrust government of -. tho usands of well paid saic>Incih. fiends, tiler, compelhli \e bidding is i \'cry ' technicians. scienn e \ee'lm;\c,. \\Timers, A Better Way ineffectual instrument for maintaining and assorted profit- orienud professionals ItispoSsihle _imrgyvernmcntageuciesto uigilanccovei them. And.atthesametime, _ are bit,\ writing proposals and presen- he good customers, and they may not even it is an institution which raises the cost and . ration,. have to pa higher unit prices for the ser- governent. d@crcases the efficiency o ma rent. Woofing with them are editor%. clerks. vices and products they buy'. They will If government decision - makers are cot- . ,ecrel arias'. artists. pitmen. and score, of leans \\flat it is like to get prompt, rupt, the abuses will be approximately' other occupation,. This effort. conjoined courteous wnice..yell sometimes service equal. with or without competitive bid- . • .< . with [lie Ie,s frenetic year -round activity of hevond the comraculal agreement. ding. But if they are not corrupt. as most proposal. and bid- writing costs a To achieve this different arrangement, are noL and it rice are capable of in- fortune ail of it pa, on to the con- which\vill, among other thin s. reducethe tulligent purchasing decisions, as most ore, . sr11111 go\ernmcln agency, and thence ire w alministralicc buic.mciracr. requires \'cry tPYr:n a relaxation of compctitiyc bidding " taxparyer, little modification of exiting rcgu Lit ions. will result in more efficient, less expensive .. All other Ihinps being (qua 1. ❑s they ire- firm. allo\c: llc agency to use txnupetit Tee ltovernment. yin.., .. qucntly Inc. hetv\een eongxming vendors. hi(hiing furany transaction oI any size -if it 70 GOWFINiAENT EXECUTIVE 6 »('non.,a 4 r 4 .... 1.;.IA i.... .1n......ta ..1 {,,,r.,- .r.+. -1 4 f 4 . 11 ....,.. 4 .,.. 1 •.a4 ,a.. �• . 1. r /il r C `` � Cib)5 Cr�un : :y ru id : >L21Lei � r , 3 ` C� " "5� r fl�'i ( y r LtF• r aft it r. (e ` , i , fl It Y:at L� •n. ,.,....a`,. I _r' ' „ r ' �/ r • ���] t._� r) e ]ra r Y' 1.. : Ltd1> It �•,J l... iA li ,..n�rl� l.s• l• ✓U lJn �• ` tp �il'zO3l: extension of the client or- n ;za J �` 1 'ti J C �- t prifrcr, Lion .. t \ a More work could only mean more . ( �� tr -, )� I{ovrard, tdecdica, la„srfc.t ,x fJcrrtc,iclof;, e •� 1 . _ CoitsulSir<i Lugineers - collst[ltnni ,. Some became vet} I s large and diverse and others to l 1 t t''� VERY good story used to begin, m,^.ined small and restricted in prac t ] \\ ' upon a time. This one tice. Their approach to ethics and a „ate'%'' t does too. Once upon a lmie there business practices became as ca `t .Y ° ; J were very few consultants and also verse as their size. Tire larger wm1 , > !, •, y very few jobs for -them. At that time volume also meant that rnore agen consultants were highly respected ties were selecting consultants and were truly specialists in their These also ranged flout large and ?� field. The sent acs of the best con- -highly sophisticated or„anizatiors to - sultants ]were lagMy prized by their at tune., very small and inerpe.u- -%• - -a;, ',i clictnls. While not always selective in enced organizations. Whereas, tho choosing the clients they wished to consultants in the old days often set serve, the terns of engagement guides of et. %tics and practice, it be. - - were largely set by the consultant) came necessary for the professional In every respect, file consultant of organizations to establish and police -' that clay was a complete profession - such rules of practice. Some of the al. The unethical that appeared art larger agencies also set their own • the scene were dealt with summarily guidelines. v and severely. In the manner of TV - westerns, the' consultants wore the gelc•cHon of a Consull'unt � white hats. The methods of selection of a con- Around the time of World War II sultant, which developed over these tl Selection. o: 2 - the situation began to change. 94ore years, took numerous forms. There �i the taost work began to be available for con- was the approach used b a number y` 'qualif4.ed sultants. Soils and foundations be- of Federal agencies. At least three � - came a full - fledged discipline. Cities consultants would be called in and J I j f `'1'.'li.�attt:. ° gave far more attention to treating interviewed on qualifications. They 1A i3 the their sewage and were also more ]would be ranked by the selection p f;raellUcr.ln :i. coucernecl about ]eater quality. The _board and negotiations begun with !'; approac3a, demand for new and larger airports the top ranked firm. If not. successful t " y- - emerged as the airplane replaced with the first firm, it would be dis- II� 1 the train. The success of the missed and negotiations started with li Pennsylvania 'Turnpike set off a the second firm, and so on until a � boom in toll financed projects all contract was negotiated. J, across the land. Urban expressways In most states, the consultants began to appear in every major city. within the state and their qualifica- This was followed by the largest Lions were well known, so the con- . publicworks program in the history sultant for a particular job would be _ •. of this nation —the Interstate I:igi)- selected and negotiations begun ' way System. Plans for buildings immediately. If not successful, - Reprinted wi permission which had laid dormant in the years another firm would be selected and of Pub lic Works following the depression became re -' new negotiations begun with it. r - ality as our population moved to the 'There are other projects where a cities and urban needs grew. Our consultant may turn in an unsolicited country's insatiable demand for proposal or do some free design in power • created tremendous work in order to olumin the job. Occasionally this area. With all this new work, the a client will have :inch an unusual role of the consultant changed. from project that he will have a paid coin- . being a unique expert to being an petition among several. consultants 71 - . _ - waldd . to extract excellent idCas and use .. d4g. NSPE dcvchpul a llhit. [: S "meet o l„ abut ermle tt. o, a t }tern to help hair select a firm lot' his per" l hWh the Lyra - •[,the fir rnr 10l! tho pt tr.[t•'t to to ..,' :;1 design- • ditional l leflmd of ::cicchd bororc b.:: ire,.; 'T sul•Jies at :,, < i i •,... .. ,, .. ,. Other felt that only prir. crl pro - negotiation. 'Th!s is avaiiaf& for "the'. would decrease, it) ucinbcr xi posals or bids could be. used in scholarly who want .a solid le,i n dept St andard design::. co uil,ta •. selecting it consultant. Obviotasly background far their :hciicf.,in adequately safe, simple over dc.i ; ;.. , . , ,Ora Cna there ace many variations to the negotiation! Holh Morida and Mary would be irsed in lieu of rynmus y pD:ti.t : -,• methods outlined above. As one land have put into effect competitive analysis. Details' would b c lc.w v:ould expect, sonic of these negotiation acts which prcnect Be - t. chulay, leaving, more and n of , to methods v. - erc frowned upon by the state yGt offer the possibility of pre= be decided it) file field y cos- • professions and in sorne instances serving the non - priced status Ant' usctor :.. • ` . - .punitive actions.were taken against selection. Other slates have or arc This lack of dcfinitioli ofllte prof- members who engaged in such prat- looking at similar selection lawsl ect would ineall that Ill@ contriwtcr - .: trees. - bid world be raised to cover his v!D During at ieast the last clovadn. The Fund N SJi3 Wi 6'cst OF - gineering costs Ot' to beau,( fis, un ` consultants have come under attack. A long time ago, 'before we ever certainty Lower paid'.anl less ca - Early disclosures Or questionable got Into this current predicament, perlenced plesign people wo uld. b '-- C.n :L'pet. :i.t:i'ar.precedures in sonic Federal match- Will Rogers observed that. "Politics used to sale oil costs. Protn the day �t.dlClp ing fluid contracts sowed We anion. has got so expensive It takes a lot of a Comultaat agr Anent was.sigr., 7. ' r °, t ' Based in part on these disc•lostu - money to even get beat with." Pohl"`;'_ "af sit would be scrutinized £ot po . , ` ' ierlrt the head of the. General Accounting ical fund rai.ing was at the root 1 "- claims. Lary suns would beconu" `1-'-i "ail`'xte Office has become the inns! vocal the btaryland scandals. Everyone f common. The consultant v:ould b.o :;lit i.cal proponent of bidding for profes- who does business with a gov-" longer Have to please his client to het' nihula-^ Morrill services. At Be Department ernmenol unit has been considered work, since. the selection for fu`.c :re %.un.. of Defense, two test cases of the fair game. While this problem may work would be based tin price. All of : two- encelape system were under- never he totally whod, the profes- this can only mean for the client a' takenlby the U.S. Army and U.S. lions have awakened and are taking lesser quality product at. - tin in -. "vt' Navy. One envelope contained the positive steps to police their rank:;---- creased cost many banes the costslf,•' sulcing qualifications and the proposal; the and at least reduce or minimize the the total i rchitect- engineer; five ,.! ^t:1 Colth- other contained the price for doing effect of politics. There are many under present conditions., ' oci- tive the wort:. There were only negative consultants who might opt for com- These thought, cfn" not bode well' responses to the two tests and the factitive bidding for professional ser- - for the client. They.offer even.: 3.Cttltlg . project was abandoned. 'Then the Vices, if this were the only consider- more bleak prospect for, the' proles - "- .., r.t_YC rail offers Jutice nen s Deparut auacked Be anon and if they thought it would re - �" > sio nal. Benefits would be'eut o fr' " r; ;.1ty, American Society of Civil Engineers lieve them of ever again being{ ap- employees. In ail probability - union -_ <:Cr,10MPJ and and the American Institute of Ar- proached by a politician. This ap ism might seem the answer in a bid = - f...e.l- eticy' chitects over statements in their preach, however, totally misses the ding climate. To date, this has been - I t codes of ethics pro.ribiling coitipeti- i joint of the whole matter. found to be incompatible with pro - " five bidding for services. Both Why not laid? This is a question fessionalism. Overhead costs would - signed consent decrees and re- both client and consultant rnttst ad- rise substantially clue to the bidding 1Jet;ailed moved the offending language from dress. Probably the most articulate procedure. Legal costs would ' p ncifica -. their codes. The !National Society of exposition on this matter was pUt -OUC pyramid. The professional stature.of : darry a3 Professional Engineers was also by the Planning and Design Division architects and engineers would be sued by the Justice Department, but of the American Road Bui!ders As- replaced by the same cold blooded ; .°..51es for chose to go to trial. While the trial sociationl Il is available upon re- tactics that exist in other areas '. Ica�>gCl4ave. was concluded in JuI3, 1974, the dc- quest. Among the points made in where bidding prevails. Adding vision may be some time in coming, this pamphlet are the following. Probably the engineer or architect r.Anot be As if all of these were not enough, Bidding could increase political turn to a man of letters to ex- the scandals m Nlarylapd involving favol-Rism, wr:•e a fit-in with political - _ r `tr ress his thoughts for hum. "John ia7:f.ded the former Vice President and other th friends could bid low knowing at rl ,`• 'Ruskin was one who stated it very - the officials came to light. These in -, would be taken care of in contract i � clearly. De said, "There is h a "dip '. 1.enC - valved a number of consultants. By adjustments. Tw-o New Jersey ofh { anything in the world that sm'ne rnan ' now, some consultants' hats had cials are in jail at present for accept - 1 1 1 1 cannot make a little worse and sell a turned to black or at least a dingy ing funds to insure that change or- little cheaper: and the people w.ho gray. ders were processed for a construe- consider only price are this mast's For the most part, the consultants tion contractor ntctor who bid Air his job. lawful prey." While consultants' in- have been very poor at recognizing Bids will not reduce costs, only in negotiating contracts, potential bad image and developing quality. One has only to look at l6e(, 'rather than bidding for job assigin- " positive programs to counteract it. many developmental, defense con -" ments, has been considered by. They did band together to form COi'- tracts to see overruns as much as 100 many to be self - serving, it is easy to.' PAPS, the Committee on Federal percent above the "bid" price upon see that the public at large would be . Procurement of ArchitecuEdgincer which the selection was made. The, lire big loser. This is what the ar -„ Services. COPPAES was a staunch key word is "deve! ipmenwi." Ad y"i:hitect kind engineer has. in his halt -. supporter of those able congressmen chitects and engineers do not have a ` and ineffective way, been trying in berth houses who snored the so- 'set or plans and specifications at to say for years. G]CjLj called Brooks ISill through Congress, their disposal which defines their i E'def €.'t•etsGL• Consultant input IQ Committee 1;36 work as do consn'ucliurr contractors. l "' - Elf the Federal Procuremett Con- They unlsl create the designs and 1. "AIt13A Speaks Out —in opposition to Russian., supported by the ngelicy develop the hest way to translate bidding for professional services," Naming and Design Dilasiwd Amerf- . experience, developed a strong therm into reality on paper for the Carl Road Builders Association, 9'1.5 backing far negotiated contracts guidance of cmaitrucmrs and build - SOW Stmew SAY, Washingwn, rather Ban those obtained by hid. crs. Quality would not I drop im_ D.C. 200:'4. , 4., x ro > . �Sti•, .y.. , GOVC).T,.UY, )t..fa..a..: r.:iT`.,, G}.,�., ..f'. ( ,- ,. 'i.£.7. (•.C, 1:..,J GSA, 1., t... ..4 1 Y)etvices by, th Viol. 27 1972 "t� }let C'liTi14J C�1'�?. 'L: i -vG' b:6d a. Y7.CJ CJ ' profes C �J YL >l�l {.f:eil i� ..:1 ( ?a: �71.�` r`:3' r , l•lc-ls.: klUt in the $'Z.i1 t:C `:9 be st, inter est. Seve ral of the morL. ' � D •� 4 :;iyna.f:i.crknt objec to a bidding >:eoGess "apprar. "bc7.c>t� c To competitively bid there mu st be a detailed spec -:. Jlcd . 1. }.:l.0 anon U:E COhat: °. the CIA-lint r equires . Testimony Co for r evealed that detailed �sp .ed ecificat:ions.are riot only mot be not available defining the nature and recla't,rer „tints cl ed by of the services, but essentially defy qualitative definition because: the service involved is of an . intangible nature. Indeed, if there were detailed specif.i.cat.i_ons there would probably be no need for . the consultant. it is necesary' for t1 clierkf: and the professional. to sit down together to work out the scope of the project. 0 Price proposals from competing engineers or fi.rras p) :i.or to such detailed negotiations are necessarily misleading in the absence of a comparative under standing of the scope of the work, including invest-- ment limitations, operating cost parameters, alter­ natives to be, considered, assi..gnment of personnel. , to the work, time for completion, specialized services y required, types of materi.al_s and syrsi-ams most appro- p.r.:iate for the client`.; needs, and similar factors } which can be developed only during the negotiations. 0 The actual cost- of engineering services is a. rel- at:i_ve'ly small amount: in comparison with t:he total project cost, usually not more than five to ten ” 73 .siv_t"�IY$f�.RPS_°il...R �P YX Y!', �* ➢•//�.l�.TR >°gFf�a,i .r. qp,.n e , •�l`LY t tL'�f :rte -ra . r� }ter _ 'Tr "• 0 Selecting an "apparent" low bidder., if bidding on cons truct: ion is an example, may overlook such factors as costly change orders and completing a facility within the time required. Just a few month; delay in today's rising construction costs may amount to costs far, outstripping the consultant's entire fee.. 0 The public, health, safety and welfare makes it Public interest imperative that the government obtain the best.: con- - requires the best quality sult:ant: services. A competitive bidding process will. relegate quality in favor of lowest cost. It 79 '¢.Y4W.�tiA�IR:+7+1Na9:R1 nn.3 'IYN6JN J9 f•- .JF tR .V^ r Y, 2'. tt' YAEt.:T r. A.,.q'. i fi.: ^ f6 . - (: %lil , t •mac t Y M . • ,.. .:. ! t l.... i. - . `.. '..'•.. Al, :tcrvlccn ",.. " 'PCCOV.:nt: fo percent !)i CGn St:YL ?CP1.i.0A1 'U1C"i of tell "l.C'sS t;:h\1T2 - oae only a sm,111 •' rt. \, .:. J)Cwticya of percent cif' l'i.fe -cycle cost:. A major funct:i.on of costs Luz: have the engineer is -o desicf7Y a facility :l 1i..ty whi.ch not an life -cycle only meets al- L criteria i.nd:icated by the client Y `econarales.. kk '. but will also enable the construct:ion,`maint.ern_. ; ance, and operation of the project to be done on I most economi.ca.l basis. A "ci:eap °' design Wray,-.:;;• . t ty . and usually will, represent not only higher initial-." costs for construction bu.t. higher maintenance and operating costs over the lifetime of the facility. - ' .11 Experience i.n 'ot:.hcr types _of. procurement demon -- .. •.. " strat.e s that if price is a factor to be considered: Y Bidd itig dictatcs by the government prior to selection of a firm Tor. .. tFlat f:Ft l.oaest bid negotiations, it will be exceedingly difficult for ' be selected. the government contracting officer to select other' „ = than the lowest price -- this at the severe risk of an inferior and more expensive facility. 0 Selecting an "apparent" low bidder., if bidding on cons truct: ion is an example, may overlook such factors as costly change orders and completing a facility within the time required. Just a few month; delay in today's rising construction costs may amount to costs far, outstripping the consultant's entire fee.. 0 The public, health, safety and welfare makes it Public interest imperative that the government obtain the best.: con- - requires the best quality sult:ant: services. A competitive bidding process will. relegate quality in favor of lowest cost. It 79 '¢.Y4W.�tiA�IR:+7+1Na9:R1 nn.3 'IYN6JN J9 f•- .JF tR .V^ r Y, 2'. tt' YAEt.:T r. A.,.q'. i fi.: ^ f6 . - (: %lil , t •mac t Y M . • ,.. .:. ! t l.... i. - . `.. '..'•.. e' :t£9 riot I'll ttic Pub i.i. C, zS2�S.::;'t:S +: trn' `<,..t.T"�, > f.7k3 f:.ic� .+C d1' -, '�•^ I.w Pais tse +•- CJ' t't J.ct Cl l.n[,J t - or icon`3ul.t:anG work F:77..:d..l dl Eve mz S.�✓.. `'iltlr..S.Z.l ;" s � ,.i 7.1'.'.hl:i Otlt U1: b us.irles Cie ,RrCJU'L". 7'�i. x:fl:: 472 �' T to gtiAOLc lower prices know th at .r.f 4hc ssei °4 5i young S'irgis from. g�iL-xing a tree hold 'C.1 - le r cti._4l ' v:i.xYuall..y exc:Lu: ±eet fz:on the. cc,arpetit ione': . Ctynlj:)et:z.t -ivc biciciing encourage., having effor to �: Ct iOYY Oi - S� the 1ri1.i:1.t.115UTil anct cutting C; i)S'4.: °. to z,.I A.�, %t1ic.ta- %1�uX5 FLn e o bid tasy - .t2 X "'J 47Grh, Ong ineo-- -F:ing consultant c minimixe effort- and, cut s costs by producing less detail in d awinas and . -. - S pec:i iications. contracto will have to build'. contixigencie s into tJie.i.r bids -to JR. ze up for ark",.. 3 ,hor:'t:ccj, - j g:,, )'his type of per for.":ilance is not ii[ tile client' ant.' s interest. r 7r, .. f MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: ACTING CITY MANAGER SUBJECT: COIN OPERATED AMUSEMENT DEVICE AT 19 NO. CENTURY AVENUE DATE: OC'TOBE'R 13, 1978 On July 20, 1978, the Council took action to revoke the permit for the Coin Operated Amusement Device (Pinball Machine) at the Li'7. General Store, 19 No. Century Avenue. Notice was served upon the store. Mr. Sam Ni.lva, National Amusement Company, disputes the revocation for the reasons that he was never notified and he is the one who paid for the permit. It is recommended that the permit be revoked. It is also suggested that the place or business where coin operated machines are located be licensed as well as a permit be required for the machine itself. 9 Action by Counc:t.7 .-; ' PoJect:ed ------ .:_ .Co: M�jyor. and C:i l y Courtc:i.a. FROM Act-.)g C:i.Cy Planat ;c:r. Sll13J:GC]': I'r:ob:Lems w:i-th a Li.ccrt.;ed Co:i.n- O1x:iat:c:d Atnuscmen'C Loca'L':i.on DATE: July :I.il, 1978 In tale past: several_ months t:he police department has received approximately twelve complaints at the Little. Generaa :invoa -vi.ng d:i_sputes and nuisances that directly relate to the p=inball machine on the premises. The employees and the local management ind:i.cate they would he happy to see ghat iii, ne removed, but that their national_ management insists that they keep the mach.i_ne. This licensed machine has become a continuint; nuisance and problem for the police depart=ment with an inordinat=e amount of time spent in responding to calls and pol.:iciug the premises. Staff recommends the City Council schedule a hearing regarding the revocation of this license on the basis it is a nuisance. RUIS:jo cc/ CN 136,623 Attached D f) 0 (D I N VJ r- l r C 3, r 01 10 41. aA U5 f 0 N CIO I rp Z' fA is ;a C r I CD tN 3A i CD O. .; �. CD V Q IN CA IT Cz�l r i rf F ff 1 r u a a i 1 Al a r\\ 1 '\ 1 ( tl �1 o Iv <n cv m Cl_ [TJ lyI Y 4 � I 1 �. � � is � ,..� � � --? •n < (� LL cis f n r Qn r j r u a a i 1 Al a r\\ 1 '\ 1 ( tl �1 o Iv <n cv m Cl_ [TJ lyI Y 4 � I 1 �. � � is � ,..� � � --? •n < (� LL cis n r Qn r it FYI i ry t� a ny i i it 999 j� N -a 1\ N N r N V, jo z o • lo v� u ' v 10 \ a � n i) 'v 'J �II 1 v a � n i) 'v 'J 1 v \ I V i i v \ y � r i IL r I (a ii y 1K N V Q . Q co m " 7 1 I-° €:> q v, (2A Wit. 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M C e — W 0 X KI Ij IS I 10 10 U) S CF 0 Q C co 0— I ri CD cz 1 i V1 Ll 0 � .r m � � ..moo in D � is Ul 01 co CD vo IJ �� I �I ill IJ C) IC cl -1 10 C) z O Ij ua c. O IV O , r U1 f. 0 0 r. N E t j C) K (T P) (1) rt 1-b co ci- .�r 0 Ij ua c. O , r f. r. O It f. r. It ,r 01"FICP; OF CI '1'l' CU.:RIC 777 -8131 August 15, 1978 Li'.l. General Store 19 No, Century Avenue Maplewood, Ri.nnesota 55119 Gentlemen: The City Council of Maplewood, Mhinesota, has scheduled a hearing for September 7, 1978, regarding the revocation of your coin operated amusement device license, If you have any questions,, please contact this office. Sincerely, CITY OF MAPIM -M01) Lucille X. Aurelius City Clerk L13A /bs cc: Director of Publ..c Safety 0 V M-k -J i N1 80 FItO,`iT AV F'.xt'E MAP1,1 ?WO01�1. ., 1; y U3-1. l A 1 Y ().0 MAI ,�4 _ �... 1350 MAPLE M'001). MINNESOTA 5,';109 0FFIC1' OF CH'Y CLERK October 3, 1978 Mr. Sam Ni.l.va National Amusement Company 3924 Louisiana Circle P,O. Box 16206 Minneapolis, Minnesota 55416 Dear. Sir: 777 -s1: The City Council of t'Saplewood, Minnesota, will hold a hearing on October 19, 1.978 regarding a proposal to revoke your 1978 Coin Operated Amusement Device license. for a pinball machine at the Li.'l General Store, 19 North Century Avenue, Maplewood, Minnesota, Sincerely, CITY OF MAPLEW00D Lucille Bo Aurelius City Clerk LEA /bs cc: Director of Public Safety Schaller iee w i!I (7 W. CL{ to a ; C) LL f•M C �::�' 0 Lu Ir Lucille Bo Aurelius City Clerk LEA /bs cc: Director of Public Safety Schaller : 1Ni:n or Pi Vo !:I, 0 bull 11 ).sllow vdlo(st. III It ill( (I lli-f t%yo by folklip, Ili b is l) If Is 1 13 1 1 If, in 1777 D LJ 0 -%rU r. o liv M( Ipo o c) isszo li,,tm (114711 140 GAIIEWN I'M I It PI OUsfil D: I yl), or ""t, on t .- I .... s'l!Ss!o,vAP .... olienllY is, ....... DAIF.: - - - - k, p 1 1 1 1 I CY c .. 1 / % L r .J 1 1 r N/ ION llm 1 b 1 1. 301l1 I O U smifa Oldie R's Sc m P. 0 Box (AINNF-APOLIS. IvIIINNI-SM A 55416 "s (6 1. 21 92. - 3 -3 3 ---------- c c ---- - ------------ Qt.c, i - J) Az / e 01- 1!4 4 .?o cc SIGNED: I SE.ND - AR: M/m.11. RECIPIENT V. /,ND PINK SM- HE.CIPIFATV: VV.M 1 E M:M. Y. 111"FI'M N VVI 11 fIr TO M` NDER. KFET J 1-115 Pit.!I' cor i. � isszo SIGNED: I SE.ND - AR: M/m.11. RECIPIENT V. /,ND PINK SM- HE.CIPIFATV: VV.M 1 E M:M. Y. 111"FI'M N VVI 11 fIr TO M` NDER. KFET J 1-115 Pit.!I' cor i. I _ f I ` � \Fifi lO'i rl A.Illll CII Iki �. J•illJdf�� i ogPn,_ Loulslaua Cilcl( �;� (,j ; 0, Box 16205 Elmwood Tanch 6IININEAPOIS IMIN SOT. 55416 I 1 P�'(iOle0t)C)CI 1 � 7 :';ll RETURN POSTAGE GUAR / \I,I I EED i i " 1 , M:lplowood, HimlccOt,,j APYMCATTONT Y(M L. .1 c 1.1C, co'M NY 1) !"Al.l. C)d: ---------- 5 o . ......... C l, C jIT .) " / 4 �,') ( 6 (/// k '. , I k/ ch have read the 02:0inanc "Ic mcchalaic anlu'semcnc C]Cvj.c(-" to t . —C of coin, .3, and itiZCC that. I will rlr.)!L permif: ()f these nn lily prc-�plj C C- . -�"Cs for garabli)IP, in arly monlic'.r, ) p") All 'h! 7 TF hl?).,. I c; A I .r RESOLUTION STATE OF MINNESOTA COUNTY OF RAMSEY CI`.CY OF MAPLEWOOD WITEREAS, Jerald D. E:ngevik has applied for an on -sale 3.2 beer license for property Located on the Northeast corner of English and Larpenteur; address - 1690 English; and WI3EREAS, the Council of the City of Maplewood held a public hearing on the matter of issuing said license at its regulat council meeting on Thursday, October 5, 1978, wherein testamony and reports were made and given; NOW THEREFORE, BE IT RESOLVED 1. That the Council of the City of Maplewood finds that the location sought is properly zoned. 2. That the operation of such business would constitute a severe traffic hazard because of lack of vision while drivina westward on Larpenteur Avenue and that left turns would be necessary for traffic moving easterly on Larpenteur, all in the proximity Of a railroad track. 3. That there are many children in the area and the location of this building, while properly zoned, is within an essentially residential. area without any other businesses in proximity to it and that the location of such business would be detrimental to the neighborhood and dangerous to the children in the neighborhood. A.otion by Councll`oI Sv lId {r� g143.: M 9. Many people in the neighborhood appeared and spoke in Opposition to the running of an on -sale 3.2 license at that location. 5. That the applicant for the license is presently the owner of another on -sale license in the City of St. Paul and it is believed that he would be dividing his time between the two operations and that he would not be in full Lime management of the establishment in the City of Maplewood. BE IT FURTHER RESOLVED, that upon the facts as outlined above, the City of Maplewood does hereby deny the application for the 3.2 beer license by Jerald D. Engevik at 1690 English, City of Maplewood. Juhn Greavu, Mayor ATTEST: Lucille A. Aurelius , Clerk October 5, 1978 to STMT REPORT To: Mayor and City Council From: Acting City Manager. Eric Blank Subject: Investigation of Applicant for 3.2 Beer License at 1690 North English Street Staff has made a background investigation of the applicant, Jerald Dean Engevi_k, 1555 Randolph Avenue, -St. Paul, date of birth 10- 19 -42. The applicant currently holds a license for non- intoxicating malt beverage (3.2 beer), restaurant and cigarettes for the Highland Tap at 472 South Snelling in St. Paul. The non - intoxicating malt license is valid until March 2.9, 1979. The investigation revealed that on October 7, 1977, the applicant was charged with the sale of alcoholic beverage to a minor, plead guilty and was fined $150 or 15 days suspended. Further, in a recent incident at his licensed establishment involving a felony arrest of a patron, he was less than cooperative with the police in effecting the arrest. He was warned on that incident. cc 141,102 A . In'_ MEMORANDUM TO: MAYOR AND COUNCIL PROM: ACING CITY MANAGER REGARDING: APPLICATION FOR ON -SALE 3.2 BEER PERMIT AT 1690 ENGLISH STREET DATE: OCTOBER 2, 1978 Mr. Jerald 1). Engevik, 1555 Randolph Street, St. Paul, Minnesota, has applied for an Onjale 3.7 Meer permit and restaurant license for 1690 English Street. (formerly the 7 -11 Store). Residents of the area (within approximately 200 feet) have been notified of the public hearing. A report from the Department of Public Safety will be available by Thursday evening. Action by CoLncil: 9ndorS0d - - Modir7.ed ._ - -^ Po3ectoii_..__ Datc ------ - Q li l: I iL Yk ( 1t.tlCr VA 651 UU liiJl'\, , ',t')V k APPLICATION FOR LICENSE TO SRLi, NON - INTOXICATING MALT LIQUORS A1;PLICATION FOR TAY LICh1N:iPl License Per Should Accompany Application TO THE CITY COUNCIL, CITY OF Fcc— _ To____. Paid MAPLEWOOD, MINNESOTA: Receipt N'o._.- ---- __._____. - ) On ft' $---`-'.- O $-- - -- State Of ti ZIIIIIesota ( as. Tavern.__..__—__ —_ COUNTY OP RAMSEY first duty sworn, deposes and says that —__he_ _hereby appins. - ibr a license for the terra the--day to sell at wlmlesale- retail (strike out one), nmrintosicatiug malt liquors, as the same are defined by law, for consumption on -±off (strike out one) those premises, o' for a tavern (strike out if not applicable) located in the City of Maplewood, County of Ramsey, State of Minnesota, described as follows: (Insert here the legal descrip- tion of the laud upon which the building is locatedJ..c:(L _. Z_ .44r4v <� <'` /i sec 1 cro � / at which place said applicant operates the business of - and to that end represents and states that the followipg statements are true and correct: What is your hone address ? __,L �' '_,� °d VO � fI_ °_I__ / �-, What is the address of the place you are to operate under the said license? Are you a citizen of the United States ?_ fx 'S ___I3irOnplace_ 2; "W CC _7 .) . _ _- _.Date of Birth-e- el T f a naturalized citizen, where and when did you receive your citizenship papers' ?_ Ilava you ever been arrested ?_ Rnrean and where? Rave you ever been convicted of a If. so, where, when and upon what charge?_ State what name your place of business will be operated Are all delinquent taxes paid upon the above described pneaperty Do you intend to permit dancing ?._� _ If answer is "Yes" have you applied for tavern license? Do you wish to apply for a tavern license at this time -- Ilan a License to sell non - intoxicating mat liquors been issnad to you prior to this date? �S If so, at what address? v Applicant further states that he is not now the hold =.r of, nor has he made application for, nor does lie intend to make application for a Federal Retail Dcalec "c: Special tax stamp for the same of intoxicat- ingliquor. ✓��^/ ��y/��,( -�•� And _. , ...... ..... . . ... ........... .... _.._ _ fir __ lie of Plopol ty SLO). ( , / - 1-:1 C \ ') 00 :155 (It I flul I I It; At ca ....... : )d Dimensions .1. 4 1. . 1. 1 by 9 7 0.1 1d "clo t"' J -wood Mol) Co-ol d. Iqt c of L: d'i 11 U c v o I I PI ice$ 13 .10 0 0 0 0 Gi ctss Land At e f e e t Bu , ;ixics's Comillorc, , i ZO tiny) — -- - --------- ------ AV o f I � I dq - ..(btu i I Ger)"I;S1 Condition Y s, I Liuliting Wst Hoorns: Men.-011(2 LOOT [l t P of units A/C CON NIL)IJIVI I Parkin 26 "it fly," Ocotf:l Min, 'TIOG URVICE (C IALS) caplcity,_ no Loading (locks ulive it) [)oois.---- 111% At oa lJoard of Ije Trackag� no Sprin klei Systocn--nO V — j Floor Covering Virall Covey paia (2 Other 'es (xj I\tO IN16. of Fky,,,-.—c)ne-___ f3-,n,,._—ry-tj Size of s q f Utililiv, c�- Legal Dcscl Plat.— Parcel(s)__ Taxes DUC and pw,�.,, District Outstanding 1).Jance of) special assewnents S In year Type Space and Other I enants I Gu M B R A 1\1 C 1: S: list Nrlort( p(le 0.1kince 2nd 1001 tga(;o of CiD Balance Payable Per Mo. PI at. Interest Other PaYablO Per Mo. [ m —_ % Interest norks:.-A J2- —,- ke 3. - j- 1) la 11 Rcll -Lf Y CON NIL)IJIVI I "it fly," Ocotf:l Min, 'TIOG URVICE (C IALS) .1 A S of the 0 L () 111% At oa lJoard of Ije it( 11 1. ;.'15 C YI FMII W; rip,[, Y It,( 4 J,jn, If 70 f I 11 it A N 0 F o 1 fit I A I f I I I I 'Im I 'I APPh.CCATION rOR • i�l: s• rnvl;. nN• z•. ANtr/ ol:• •• J35'ti1C1;1.1`•�"1'rl:GPytISLi ' me of dress of Applicant me Telephone me of Business C' c) �' L cj nd of Business !e �' t;! a, z ✓, �� s5.ness Telephone Number. gal Description of property on v.hich business will be operated , O. pproved by City Health Department on the ^� � day of .:oved by City Clerk on the _ day of N � y , 19 e Paid $ Date ceipt No, License No, APPLICATION FOR CIG&RI,'T'TL AND T'OBACCO LICENSE Name of Licensee � /�(` /JC v� �• v im - « ' Business Nance of Licenses Business Address of Li.censee� Telephone Number AS TO LOCATION Or LICENSE: '�C c c 2). � =..-4J 6' C= l %/ Business Name_ Business Address Telephone Number Approved by the City Council on the - -day of Approved by the City Clerk on the _day of Vee Paid $ Receipt- No,_ Date 19 — _ _ 19 �ec CITY OV I1APLEM001) 1380 Frost. AVC. p1'11)1(!Wood TIimios'oUa 55109 "OR LICE' I NSE AP TACAXION COIN OPEA',ATED AMUSEMUT 1) EV I CE OF APPLICANT HESS NAME '10'N OF DEVICES 1 B,?- /' JPTIO'N OF EACH DEVICE TO BE INCLUDED Cc 17 acknowledge that I have read the ordinance pertaining to the licensing of coin OIC'.0ianical amusement devices, and agree that I will not permit the use of these --S on my premises for gambling in any manner. SICNAA 3,,, YRE Llc- v PT NO NOTT.CE OF HEARING N0'1.':CCV IS IHIMEBY C1.V1P,N that pursuant- to act:1.011 by the City Council of Maplewood, M:i.unesota, a public hearing will be held on the 5th clay of October, 1978, at 7 :45 P.M., in the Council Chambers, MUI1i.C:Lpa1 Building, 1380 Frost Avenue, to consider the appl:i.cntion of the fol.a.ow:i.11g in for a 3.2 Non- Intoai.cati.ng Malt Liquor license: Jera:Ld 1). L'ngevik 1555 Randolph St. Paul, Minnesota 551.05 such License to be located at the Maplewood Tap (formerly 7-- 1-11even Store), 1.690 English Street, Maplewood, Minnesota, 55109. The Council is proceeding in this matter as outlined under the provisions of the City Ordinances. Such persons as desire to be heard in reference to this matter will be heard at the time and place as indicated. BY ORDER OF THE CITY COUNCIL Lucille E. Aurelius, Cleric Maplewood, Minnesota Publish: Maplewood Review, October 4, 1978. J . People notified of hearing for 3.2 beer license at 1.690 Emg.l.:ish Street.: Richard 1). lloplUlls. 7700 English St. 55:109 Patrick M. & Susan L. White 7.706 Eugl.ish Street St. Paul, Flit. 55109 Albert R. Wood 1718 English St. 55.109 Tony L. & Lois A. Oswald 1700 Rosewood N. 551.09 •- 57 0151.0 030 51. — 57 01510 050 51 — 57 01510 150 51 (owner of three properties — 57 571.00 1.81 01; 57 57100 190 01; 57 57100 200 01.) Willard 11. & Elmira Helen Swanson 1685 English 55109 — 57 01610 040 85 Dorothy & Leon Sebarffbilli_g 1697 English Street 55109 — 57 01610 050 86 Earl. & Adeline kanniger 1699 English Street 55109 — 57 01610 060 86 Gladstone Baptist Churcli 1717 English Street 55109 — 57 01.6.10 020 87 r � .: TO: FROM: SUBJECT: APPLICANT: LOCATION: GATE: MEMORANDUM Mayor and City Council Acting City Manager Building Addition Transfiguration Church 2.633 Harvester Avenue October 5, 1978 Action lip Counolr�j Endors e d___. Mo d i:f i. e it.._.. _ .......... Rc uest Raj The applicant is requesting approval to construct a'one` story; 56 by 24 foot building addition. Ex istin2l_ and Use 1. The subject site is developed with a two story school building and church. ?_. The subject property totals 3.98 acres in size, 2.19 acres are developed. The remaining 1.79 acres is marsh land which abuts the Maplewood Nature Center. Pr oposal 1. The proposed addition is to be located on the southerly elevation of the existing school building. 2. The proposed addition will be used as a storage room. 3. The proposed addition will have an exterior of vertical rib concrete block and will be painted to match the existing building, which is a medium brown brick. 4. There are no door or window openings proposed. Surroundin La nd Uses 1. The subject property is surrounded on three sides by single family dwellings. 2. Maplewood Nature Center bounds the property on the south. Pas Actions 1. 6- 24 -76: The City Council approved a request of Transfiguration Church for a second floor extension of the already existing one story portion of the building, which protrudes from the main building on the westerly elevation. 2. This second floor addition was never constructed. Plan r ing Conside rations 1. The subject property is zoned R -1, Single Family Residential. 2. The Land Use Plan has designated that this property develop as RL, Low Density Residential. 1 ._ . :,:fit,. Ana lys i s The proposed addition complies with City Codes and `standards. According to Code, one additional parking stall should be provided for the storage room addition. Presently, there is a large amount of on - -site parking area available. So parking is not a concern here. Landscaping has not been addressed in this report. Staff feels that landscaping should be left to the option of the applicant. For the most part the addition will be screened by trees to the.,south and also from the east along Ferndale Street. Recommendation Approval of the Addition as proposed. r3l 2 r - RANSFIGUR!IION CHURCH 'ETITIONE WILDING ADDITION EQUEST u � 2633 HARVESTER AVENUE ..n.10 -5 -78 _ DATE � LSCLE j PG x;a j 8 20 21 4 1 3 2 2 23 44 E —.mu—�,—, —I; &Q 1--, � — '': V) z C) 7 7 2 ? C) 3: _D �__A 60 c 3 6 3 6 3 4 Lj 4 N 4 �13 3 0 c 15 1 I I'l I 18 I 19 I 2C CHURCH OF THE T R A N S P", GL, PAT I O k s B -AND R fl 4 I 13 12 11 9 . z VILLAGE OF MAPLEWOOD Ila 15 1 7 1 --E—SEV E NTH— 'TRANS FIGURATI ON CHURCH 3 ETITIONER BUILDING ADDITION EQUEST 2633 HARVESTER AVENUE z j 8 20 21 4 1 3 2 2 23 44 E —.mu—�,—, —I; &Q 1--, � — '': V) z C) 7 7 2 ? C) 3: _D �__A 60 c 3 6 3 6 3 4 Lj 4 N 4 �13 3 0 c 15 1 I I'l I 18 I 19 I 2C CHURCH OF THE T R A N S P", GL, PAT I O k s B -AND R fl 4 I 13 12 11 9 . z VILLAGE OF MAPLEWOOD Ila 15 1 7 1 --E—SEV E NTH— 'TRANS FIGURATI ON CHURCH 3 ETITIONER BUILDING ADDITION EQUEST 2633 HARVESTER AVENUE . .. L : N • o� � V n l y 11 �n x 7 . .l � I G+ : I fl k • y Q : II g c./mm /n ;.•� u 1 t � i a� o c 4� — Al aro p A` i -0 1 � 4 t� a� o c 4� — Al aro p A` i NA. It v6'5TfR ., A'V F 4 NA. It v6'5TfR ., A'V F _ C{. N 4. t k 3 ,L� vv 1 V C� }"-_ tT7 J� - c_ �J1 I I -, I 1 :I_ 1 Ills® \ 11 — � e< M i s QTY§ e X� -- _ -_ E � _ 4 7 v c i i v i} d j lis i 0 'Transfiguration Church Board Member Sjolander moved the Board recommend to the City Council approval of the proposed building addition at Transfiguration Church at 2333 Harvester Avenue as proposed. Board Member Herauf seconded Oyes all MEMORANDUM T0: Mayor and City Council FROM: Acting City Manager SUBJECT: Site Changes and Drive -Up APPLICANT: Earl Balzer for Hardee's LOCATION: 3100 White Bear Avenue DATE: October 6, 1978 Service Window /Addition RecTuest_ The applicant requests approval to install a drive -up service drawer at the Hardee's restaurant at County Road D and White Bear Avenue. The proposed window will require some site changes regarding traffic circulation and parking. Existing-Land Use 1. The subject property is developed with a Hardee's restaurant. 2. There are presently 50 parking stalls on site. For a restaurant: of this size, code requires 25 parking stalls. 3. The subject property measures 162 by 2.20.62 feet and has an area of 35,740 square feet. Proposal 1. The applicant is proposing to install a drive -up take -out service drawer in the southerly elevation of the building at the existing window. 2. No other exterior building changes will be made. 3. A portion of the existing sidewalk along the southerly elevation will be removed so cars can drive close to the building. 4. There are presently six right angle parking stalls in this location. They are proposed to be redesigned as four angle parking stalls to make room for an eight foot pick -up lane. This will create a 22 foot double loaded drive - aisle for the 14 existing parking stalls along the southerly lot line and the four proposed angle parking stalls. 5. The City's standard for right angle parking is for a 25 foot access drive aisle to the parking stalls. The 22 feet shown, however, is very adequate for the diagonal parking stalls. 6. A drive aisle is proposed which would eliminate the two westerly parking stalls adjacent to the boulevard in front of the building. These two existing stalls are not shown on the enclosed plan. :11ot3. on by Gotr11011ry Da L cl_ - _ 7. The applicant is planning to route the drive -up service traffic in from the County Road D entrance. This is to be accomplished by a number of traffic control directional signs. Sidnage_ 1. Directional signs are not subject to Board approval since the sign ordinance provides that proposal can be reviewed on a staff level. However, since the applicant has included his directional signage proposal on the site plan, staff will address it in this report. ?.. Subparagraph 5 of Schedule No. 1 of the sign ordinance permits "Directional signs not more than two (2) in number indentifying the location and nature of a building, structure, or use which is not readily visible from the street, serving such buildings, structure, or use on lands forming part of the site of such buildings, structure, or uses, provided that each such sign is not more than ten (10) square feet in area." 3. The ordinance restricts the total number of directional signs to be maximum of two. The applicant has proposed three directional signs located adjacent to the White Bear Avenue entrances to direct drive -up customers in through the County Road D entrance. 4. There is also a "preview" menu sign proposed (two are shown, but, only one is to be put in) and a phone station for placing orders. Past Actions 6 -8-72: Council approved building and site plans for the Hardee's Restaurant at the southeast corner of White Bear Avenue and County Road D subject to the following conditions: 1. Landscaping of the boulevard; 2. Provide proper outdoor trash recepticles for customers; 3. Provide self contained refuse containers properly screened; 4. No flashing or revolving lights. 10-5 -72: Council moved to approve a request by Hardee's for a freestanding sign and a wall sign subject to the following conditions: 1. Reduction in the overall height to a maximum of 25 feet; 2. No Mashing row or individual lights on the sign; 3. the sign shall be a minimum of 15 feet from White Bear Avenue measured to the closest portion of the sign from the right -of -way; 4. Sight clearance from all streets and from the parking lot onto the street shall be approved by the Village Engineer. 2 5 -7 -73: The Council denied a request by Ilardee's for a readerboard addition to their i sign. Plannin Cons iderations 1. The subject property is zoned BC, Business Commercial. 2. The Land Use Plan has designated that this property _develop as an LSC, Limited Service Commercial Center. Analysis There are some problems which may arise if the project is developed as proposed. The proposed location of the instruction sign #2 is located in an area where it might be hazardous to the traffic flow on White Bear Avenue. Drives may have a tendancy to slow down to read the sign and decide where to go to get to the pick up lane. Another problem is in the proposed width of the pick up lane. The eight foot wide lane is too narrow for safe manuevering. If the curb between the pick up lane and the diagonal parking stalls is meant as a wheel stop for those cars, their front bumpers will be sticking into the pick up lane by two to three feet, therefore, creating a serious hazard. Staff feels that the pick up lane should be increased to 10 feel: and wheel stops provided in the diagonal parking stalls. Increasing the width of the pick up lane will decrease the width of the double loaded drive aisle south of the proposed diagonal parking stalls. This should not create a problem though. If the 14 right angle stalls are realigned as diagonal parking stalls, the traffic flow would improve, and the resultant 20 foot wide access drive aisle would be more than adequate. To eliminate the chance of vehicles attempting to enter the pick up lane from the southerly entrance on White Bear Avenue, Staff recommends that the proposed drive aisle curb be extended westward to adjoin the existing curbing at the northerly edge of the curb cut. This would block off the adjacent parking stalls north of the pick up lane, but, would eliminate confusion and a potential traffic hazard. Directional signage could be placed on site to help facilitate traffic flow. Recommendation Approval based on the above analysis and subject to the following conditions: 1. The applicant shall submit a revised site plan providing for: a. A 10 foot wide order and pick up lane; b. Wheel stops in the proposed diagonal parking stalls; c. Restriping of the right angle parking along the southerly lot line to diagonal parking; d. Continuation of the pick up aisle curbing to adjoin the existing curb at the northerly side of the White Bear Avenue entrance; e. The design for the above are subject to review and approval by the City Engineer; 2. Proposed directional signs are subject to the requirements of the sign ordinance; 3. Owner and applicant agree to the above conditions in writing. Plans En fj Site plan staff dated 9 -25 -78 2) Floor plan staff dated 9 -25 -78 3 IIARDEE'S �- 'ETITIONER --- T3UIL.UING REVIEW - ?EOUEST � 3100 WHITE BEAR AVENUE 10 -6 -78 DAT E. SCA 1— E j . f'_ G . o „� HARDEE'S PET;TIONER BUILDING REVIEW REQUEST 1 I 3100 WHITE 13EAR AVENUE [ 0-6-7 D�AT 81 E E SCALEJf�G.., z17 pia a c��- J m r — N� vl - 2 o �7, 1V� ' Q e ?5� 7�'D. 011 PIP! 1I �D' X� I IM1 T'�y41`yY �m 2S. .27 oc. 0 v t^ HARDEE'S PET;TIONER BUILDING REVIEW REQUEST 1 I 3100 WHITE 13EAR AVENUE [ 0-6-7 D�AT 81 E E SCALEJf�G.., Hardee's Board Member Sjolander moved the Board recommend to the City Council approval of the proposed changes to the Hardee's Restaurant located at 3100 White Bear Avenue subject to the following conditions: 1. The applicant shall submit a revised site plan,prov'iding for: a. A 10 foot: wide order and pick up lane; b. Wheel stops in the proposed diagonal parking stalls; c. Restriping of the right angle parking along the southerly lot fine to diagonal parking; d. Cont'inuat'ion of the pick up aisle curbing to adjoin the existing curb at the northerly side of the White Bear Avenue entrance; e. Elimination of the 3 parking places adjacent to the phone order station f. The relocation of any handir.ap facilities that are eliminated. g. The design for the above are subject to review and approval by the City Engineer; 2. Elimination of instructional sign No. 2 to prevent any back up of traffic on White Bear Avenue. 3. Proposed directional signs are subject to the requirements of the Sign Ordinance; 4. Owner and applicant agree to the above conditions in writing. Board Member Herauf seconded Ayes all. MEMORANDUM TO: Mayor and City Council FROM: City Manager SUBJECT": Building Addition APPLICANT: 3M Company LOCATION: Building #218, 3M Center DATE: October 6, 1978 Re uest ' The applicant is requesting approval of a storage shed addition onto building No. 218 at 3M Center. Existing Land Use The subject property is developed with the office- industrial center of 3M Center. P�qposaI 1. The applicant is proposing to construct a one story, irregularly shaped metal storage shed onto the northerly elevation of building 218. 2. The proposed shed will not be visible from any roadways, public or private. Avenue L on the enclosed map is not a through road. 3. The northerly elevation of the proposed building will face building 210. Surroundinq Develojpim The surrounding development consists of the office - industrial site of 3M Center. Planni Consid erations 1. The subject property is zoned,M -2 Heavy Manufacturing. 2. The Land Use Plan has designated that this property develop as DR, Develop- ment and Research. Analysis Staff finds no problem with the proposed addition. 3M has sufficient parking area available to serve the new addition if an increase in the number of employees would result. Landscaping does not apply in this case since there is no public exposure. Recomme ndation Approval of the storage shed addition as proposed. .Ar.;'L•S.ota 'b;✓ Cotutci7.:1 Enclosed:. Plans 1). STPA -888 -C -312 (10••5 -78) 2). STPA - 2.18 -A -452 (10 -5 -78) Roj Dato .._._.._.,.__.___._. , i i 3M Company PETITIONE Building Addition REQUEST 10_C -lII DATE G SC w,F�. r i i 3M Company PETITIONE Building Addition REQUEST 10_C -lII DATE G SC w,F�. LKIINNE I I AHA -.. -, 1L ...... „I l._ -AVC I- P s 1 � ---• I I i I� r� —o ,; LB r E ' N - �� L.. y f 17 .. xra , e � I F J I r I I INFOR VISITOR PARKING 2rA I - a J V O � tsa I� 239 I:' xra TION� 201 LABORATORY 207 ELECT. PROD. DIV. LAD. 200 PILOT PLANT 209 GRAPHIC PROD. DIV. LAU, . DOWHI PLANT 216 ADVE NTISING SERVICES OFFICE: SUP. 216 EXPANSION OF PILOT PLANT 219 A.C. & S. NEW DUS. VENTURES LABS. 220 OFFICE DLOG. 222 CAFETERIA 223 NEW OFFICE SLUG. 224 OFFICE BLDG. 225 EMPLOYEES SERVICE BLDG. 227 PARKING RAMP 229 PARKING RANIP 230 TAPE. LAD. 235 GRAPHIC PROD..LAB. 236 PILOT PLAN?' 240 ABRASIVE.-. DEMO BLDG, 251 ABRASIVE LAB. 260 ELEC? - RO PRODUCTS 265 CAFETERIA NORTH SIDE .J "I: j� p 6 i r SZ l i a' r� �Y lu q 1 u ED I - I 1; 1 >- } 1 1 1— - --118 I. J. t' 124 arr � i 3M CENTER W f IR I� r. G N a 3M COMPANY 'ETITIONER BUILDING ADDITION 'EQUEST 10 -6 -78 DATE =__.__ ®.. SCAIE .,� rp . y 3M Company 13uiIding 218 Chairman Huct moved the Board recommend to the City Council approval of the proposed building Addition to 3M Company Building No. 218 as submitted. Board Member Sjolander seconded Ayes all MEMORANDUM TO: Mayor and City Council PROM: Acting City Manager SUBJECT: Building Addition APPLICANT: 3M Company LOCATION: Building #203, 3M Center DATE: October 12, 1978 Re ues t The ApplicanL is requesting approval of a dock enclosure addition onto building No. 203 at 3M Center. Existing Land Use The subject property is developed with the office -- industrial site of 3M Center. Proposal 1. The applicant is proposing to construct a one story, brick dock enclosure onto the southerly elevation of building 203. 2. The proposed brick will match the medium brown face brick of the existing building. 3. The proposed dock enclosure will not be visible from any public roadways. will enclose an already existing dock area. Surrou Devel_opment The surrounding development consists of the office - industrial site of 3M Center. Plan Considerations 1. The subject property is zoned M -2 Heavy Manufacting. It 2. The Land Use Plan has designated that this property develop as DR, Development - and Research. AnalY_sis Staff finds no problem with the proposed addition. 3M has sufficient parking area available to serve the new addition if an increase in the number of employees would result. Landscaping does not apply in this case since there is no public exposure. Recommendation Approval of the dock enclosure addition as proposed. Endorsed._ ._._.....,..m. 1'70(3. i. f 1. Ite j ("C' A. 3M Company Building 203 Chairman Huot moved the Board recommend to the City Council approval of the proposed building addition to 3M Company Building No. 203 as submitted. Board Member Sjolander seconded Ayes all. r ,.. J MEMORANDUM TO: Mayor and City Council, PROM: Acting City Manager. SUBJECT: Feasibility Study, Frost Avenue Connection DATE: October. 16, 1978 The Council has previously approved the roadway connection between East Shore Drive and Frost Avenue, The County Engineering Department is preparing the preliminary plans and has asked for input as to what City improvements should be incorporated into the design. Staff has reviewed the roadway plans and feels that watermain and storm drainage facilities will be necessary. Additionally, it is anticipated that the City will be responsible for the installation of curb and gutter as has been the past practice. On April 6, 1978, the Council ordered a feasibility study for the extension of watermain on East Shore Drive, from Adele Street to 1000 feet West. The study was in response to a petition from the owners of the apartment complex located on East Shore Drive, just west of the proposed connection. As work on this feasibility has not begun, it is advisable to combine this watermain project with the Frost Avenue Connection. improvements. In addition, the need for watermain on Frost. Avenue, West of English Street has become apparent. This main would loop the improvements indicated above along with providing needed faire protection to the non- residential land uses along Frost Avenue. It is therefore recommended that the Council initiate a feasibility study for the construction of curb and gutter, watermain and storm sewer within the project limits of the proposed Frost Avenue Connection and for the construction of watermain on Frost Avenue from English Street to the proposed Frost Avenue Connection. It is also recommended that the above feasibility be combined with Project 78 -9, Water Improvements, East Shore Drive from Adele Street to 1000 feet West. XYJ ". , .fLt :'f:� € >x'S �)1?, fU2Etlf ➢:l :�, :i Fndo:rso d. ........ ._.. ModlPied..., ,.w..._,,...., Date.. .._..,...�........r..... :...�w. F- .J V LLJ C� 0.. n .1 0 � I i I i i 1 � I l � ��'. �I� �i .• 11 L f �- 4 -L 11__J � I 1� Ilt F r1 1 �.---' - .L .1. L L�i. ;1 1 1 • „hi � �. L �I I I I �C� I,I_ j I 1' I r �- 1 1 1 `11 W. 1 Lil o in N 1 - IVlid P, ._ �M l _ • a �1 � 1 11 -- r _ 5 \ +cut• - m�`� -�m""� v1 crS rw01. 1 J ,..e.,R.s\ .�a �• ._ --s tews � "A�z'- —"s 3 „ x w i,3 \ \ f u3 Y f, s Y 1 � '✓.. \fir* s s � •r . yid1� "113)1 1 n )f I ' -L ' V M f. rr ,. C Mn rlrr _ • a �1 � 1 11 -- r _ 5 \ +cut• - m�`� -�m""� v1 crS rw01. 1 J ,..e.,R.s\ .�a �• ._ --s tews � "A�z'- —"s 3 „ x w i,3 \ \ f u3 Y f, s Y 1 � '✓.. \fir* s s � •r . yid1� "113)1 1 n )f I ' \ T + INIE225Y R t , i Pt'l4tPO" ;E f w ih f .,.. in3_xa�6 iTli! ° > Erq �l�l J „ I IRQ1�asJF tt l i "l4'� HZ•rw n 1 � L c N yy �r KOHL MAN "I �__. v 31 S ( ._ I .. Vj .n I J d n Ir i I _R0G � 1VF jf � m (_ G et AF / /L/ ` c >jLArl r. Jtnc —11 lAry _ r/.�i” v in r L AR jVE LCSC /Jllf au l,ltti T� £ i/I /r• �L / / I L JI 71 II'RKC f V�ttKI f L._' I J LI ! IDC (f ij YE fil aJ / /� o� / ✓fl irll IrfJ II�T AVE wl ll_I'I�^ i !tl lM1'1j(N .jl AV f.. "I r/H �iIS I. '�`__ 4__ j — II .<< /V E), % OVD_��AVE. U T / ",>.,Y.'r [ nrm♦ sTi '£CS:SCnraxmx�en:aairrar/XSdK l 5 1 . —_ . . ) ?I jo 11 AVE I rQ \i 6 ,I rll < Ili v r/[' 1, �i I Il j� In)Iv ' a cxif rl l 1 L.. �j- -� ��� 27) m6 he /u ld / i v'.' \ 2 11. lI VI N CIA I f j F /1 r3 / mil / 1 LOW I \ � � 1 ' t 3 r it PAW ob I III it 3^ ...... !il , y rCiII ASAN r nV r.. �J 1 I ' f DEI:ILL fl0. { { {� 1_ 4: Ayr. re f�. Soo %i VI It 11 , 1I 1 �i ll it V (it JJ' MEMORANDUM TO: Mayor and City Council, FROM: Acting City Manager SUBJECT: Feasibility Study -- Boxwood Avenue DATE: October 16, 1978 The City is in receipt of a petition from Mr. James Miller for the improvement of Boxwood Avenue from Dorland Road to approximately 970' East, and for the necessary storm sewer facilities for the development of Miller's Battle Creek Addition. On October 5th, the Council tabled the preliminary plat of Miller's Battle Creek Addition until a feasibility study was completed to determine the location of Boxwood Avenue. In addition, the staff report indicated that the plat will. necessitate a public works improvement project to construct drainage ponds which are located outside of the developer's property. To date; a feasibility study of this matter has not been ordered. Mr. Miller's petition calls for construction of approximately 970' of Boxwood, thus providing a second access to the proposed plat from Dor.land Road. The petition represents 35% of the front footage. The petitioned project would appear to matte the proposed plat viable. Staff feels it is necessary to look at the overall transportation network in the area. Although it may not be necessary to construct all of Boxwood in conjunction with the proposed plat, it is felt the study should address Boxwood from McKnight Road to Sterling Street. Staff recommends that the Council initiate a feasibility for the improvement of Boxwood Avenue from McKnight Road to Sterling Street and for drainage improvements necessitated by the proposed Miller's Battle Creek Addition. A i �,// J/ I Action by Gocuicsil.a Endorsed Modl-S icad_,„__.—, Ti e,} rr.,ted. ... ............ „ „v 9' ,�� /v 'i `' �I. \ •, i 1 ,il I -7 J _L Mr n l i l ! I � i 1 I \ : I , We, the und ersigned, do hereby petition the Council of the City cf Naplewood'to: cJ70 T � n �JY(>Ue n�( �,., (J sou�1 Ve. VOtl1 I�n�Izl!(� (�cSl, "Ra knruJ� J 2S it7c�ucQi,a� SI" -Ict, V-Wil -ies f 1 de �++e9 Rcer.JJ4� Q��JU.C�'er1tC�,t ci)�ict�. Y ;�,v.h�e II cshc. ctc ii ` z and that the said improvement: be undertaken by the Village Council in accordance with the provisions of Iinnesoi:a Statutes, Chapter 429; and that the cost thereof be assessed against benefitted property as provided by said Chapter 429. OWNER STREET ADDRESS LEGAL DESCRIPTION � �� /•f ��/� y � �ihl. it ��, �`I Ga_ C_o 170 6.ec4 'rx IRI of , A GE 0 _ - � f61i„ , I certify that I have witnessed the above signatures, and the proposed improvements were discussed with the signers. - CDATh) 7 m 1 TO: Mayor and City Council FROM City Manager SUBJECT: Preliminary Plat and Rezoning LOCAiION: 2413 Carver Avenue APPLICANT: James 11. and victoria Miller PROJECT TITLE: Miller's Battle Creek Addition DATE: June 14, 1972 Re uesi: The applicants are requesting approval of a preliminary plat for 37 lots and rezon -• ing from F Farm Residen't'ial to R -1, Single Dwelling Residential. Existing Land Use 1. The existing parcel is irregular in shape and 13.33 acres in area. 2. The property is occupied by a single dwelling residence and two sheds. The sheds are to be removed. The house is to remain. 3. There is a 20 foot drive easement centered on the common lot line between the subject property and the adjacent lot to the rest. This easement is used for a common drive;ay serving a house on each lot. Piro posal 1. The lots are proposed to be served by a long double- headed cul -de -sac. 2. The rest cul -de -sac is temporary, until a proposed Boxwood Avenue is con- structed along the north property line. 3. Lots 24 and 25 mould riot have access to the cul -de -sac. The cul -de -sac should either be extended north to these lots to provide the Code required street access or they should be platted as outlots, until the street is put through. 4. Lot 1 is proposed as a holding pond. This lot should be described as an out- lot and deeded to the City. 5. Lots 24,25, and 35 are substandard corner lots. The Code requires a minimum of 100 feet of frontage for a corner lot. The lots should be redesigned to reflect minimum lot standards. 6. Lot 2 is substandard in area. The lot area is only 2,155 square feet. Code requires a minimum of 10,000 square feet. This lot should be enlarged to at least 10,000 square feet. 7. All the lots are proposed to be developed with single dwelling homes. 1 Sure °ound i ng . Land Uses A Northerly: Undeveloped property in private ownership, zoned F, Farm Residential and planned for RL, Low Density Residential use. ?_. Easterly: The majority of land is a '16 acre parcel, with a single dwelling home fronting on Sterlinq Street (1285 Sterling St.). This properly is zoned for farm residential use and planned for RL, Low Density Residential use. 3. There is also a 1.16 acre parcel, with a single dwelling house fronting on Carver Avenue.(2445 Carver Avenue). 4. Southerly: Carver Avenue. There is a .87 acre parcel, with a single dwelling house fronting on Carver Avenue (2.431 Carver Avenue). There is also a 4.6 acre parcel with a single dwelling house fronting on Carver Avenue (2405 Carver Avenue). (loth of these properties are zoned F, Farm residential and planned for RL use. 5. Westerly: Several single dwelling homes fronting on Dorland Road. F ?laming C 1. The property is zoned - for P, Farm Residential use and planned for RI.., Low Density Residential use. 2. The project does not exceed the density requirements of the Comprehensive Plan. Environmental Considerations 1. The area contains two prominent water related features. A gully running through the center of the area and a marsh at the south end. The marsh actually is part of a larger one that has been divided by Carver Avenue. The portion of the marsh ghat is located in the plat area is less than one acre in size. The gully is roughly 640 feet long and 6 feet deep at its deepest point. The gully is well vegetated and stabilized. 2. That portion of the marsh in the plat, collects a portion of the runoff from the proposed plat area. The entire marsh area ( including parts not in the plat area) receives all of the flow from' the plat. The marsh and plat area are part of the larger watershed area that floss into Fish Creek. As such, the marsh functions to control peal: storm flows, as well as sediment loads into Fish Creek by providing a temporary ponding area. 3. The primary problems associated with the plat are related to the sandy nature of the soil material, the slopes involved, and the storm flow from the remainder of the watershed to the north. Potential erosion problems that may arise during construction are listed below. a. The major concentration of storm flout occurs through the major gully of the area and passes through lots 14,15, 16, 17, 18, 35, and down the access road. Construction operations along this flow route present potentially serious erosion problems due to the concentration of flow in the area. p �, b. The grading required for lot development on these sandy soils could result in significant: soil loss and present difficulties 'in revegetating and stabilizing the slopes. 4. After construction, there is one aspect of the plan which is not clear. The plan does not indicate if the runoff coming down the access road flows directly onto Carver Avenue or if this flow wiII be temporarily p oil de d in the marsh area, as it is now. If this provision has not already been made, then a means of directing this runoff into marsh for temporary storage should be provided. 5. The Soil Conservation Service recommends the folloc -,sing conditions for plat approval: a. Construction should be done in two phases. Streets ,Uti1ities and storm -crater control measures should be installed and stabilized followed by grading of and construction of the lots. b. In carrying out both phases of development, a few precautions will reduce the erosion hazards, loss of soil, and thus the sediment load entering the marsh area at the south end of the development: (1) Construction and grading should be done in a manner i:hat will disturb the smallest areas possible, leaving as much established cover in tact as possible. (2) Exposed areas should be stabilized with mulch if not built on within 60 days. For temporary cover (2 -12 months) an anchored straw mulch may be used. The mulch should be spread at the rate of 4000 pounds per acre and anchored by netting or punched in with a blunt disc. On areas where flogs concentrate, hay bales may be staked across the channel to help reduce flow velocity. (3) Permanent vegetation should be established immediately upon completion of final grading. Permanent vegetation may be established by adding 12 to 18 inches of loamy material to the final grading and then sodding. On areas that will have concentrated flow, the sod should be staked. (4) The major gully on the property handles major storm flows. Provision will need to be made to handle flows both during and after construction to prevent erosion. The area designated for pond'ing (lot 1) should be permanently reserved for such use, so that no building is ever placed on the property. Responsibility for maintenance of the ponding area should also be established so that it does not become an eyesore. Public Safetv Considerations 1. The Council has required two means of access in the past for emergency vehicles. It is approximately 1460 feet from Carver Avenue to the end of the west cul -de- sac. It is important that a cul -de -sac of this length have a second access. 2. Boxwood Avenue must be constructed with this project for effective delivery of public safety services. 3 _ 9"W7 Public works t,on!:inera(ions Drainage 1. The engineer for the Ramsey - Washington Watershed Board has reviewed the plans and feels that there would be no problem in obtaining a Watershed Permit (see enclosed le'Lter). 2. The City Engineering Department feels that the construction of the proposed pond designated as lot 1 and the remaining 6.2 acre- -feet that is proposed west of the development and south of Carver Avenue should be. constructed With this project. The ponds should be constructed by the Ci'Ly as a public improvement project. Sewer Sewer service is available from the interceptor in Carver Avenue. Water Water is available, but should be looped through the plat along Boxwood Avenue and clown Dorland Road to Carver Avenue or to McKnight Road, if Boxwood Avenue is put through to PicKnight Road. This would be a public; - improvement project. Streets 1. A half- street right -of -way for Boxwood Avenue is proposed. The final plat should not be approved, unless Council orders the construction of Boxwood Avenue. 2. The preliminary plat should be tabled, until a feasibility study is done on the location of Boxwood Avenue. The alignment shown on the preliminary plat runs along the base of a steep hill. This would make it difficult to assess the costs of the street. The location and feasibility of this street will have a major impact on the design of the proposed plat.. 3. Both the east: and west cul -de -sacs should be put through to Boxwood Avenue. 4. The east cut -de -sac creates three double frontage lots, is costly to maintain, and provides only one access. The grade would also be quite steep. The existing grade is about 15 %. The street grade would have to be graded down, but would still be steep. Compare this to a 4% grade on Frost Avenue, ,just west of White Bear Avenue. This grade problem further emphasizes the need for a second access - particularly, on slippery winter days. 5. The west cul -de -sac is proposed to be temporary. This would leave lots 24 and 2.5 without access. Putting the street through would provide a second access to Boxwood Avenue and avoid the problems of a temporary cul -de -sac and extending a street in the future. 6. because of the steep contours in this area, a final grading and drainage plan, with proposed street grades, should be submitted to the City Engineer for approval before final plat approval. 4- a III ill ii num of cu (i0 foot. r ig ht- oI.wa,y. This proble!n must be resolvcxl before final plat approval. There are three alternatives: a. Obtain a deed for i:he 30 feet on the property to the west before final plat approval. b. Petition the Council to condemn the land as a public improvement project. The developer must construct the road, however. c. Move the entire 60 foot right on 'Lo the applicant's property. A 'lot would probably be lost. 8. Council should be aware that putting this road along the lvesL property line will probably prevent the owner of 2U1 Carver Avenue from splitting off a lot on the front of his property. 9. In order to provide street access for the future development of the pro- perty to the west, a street stub should be constructed from the proposed west cul -de -sac, south through lot 32 to the property line. Analysis There are several important changes recommended in this report. These changes will require the realignmenL of lots and sLrent locations. These changes should be made before the preliminary plat is. approved. The most important consideration is to determine the location of Boxwood Avenue. This will have a major impact on the configuration of lots. Because of the varied contours and questions of feasibility, an engineering feasibility study should be done before preliminary plat approval. Recommend Table, until a feasibility study is done to determine the location of Boxwood Avenue and until the design changes recommended in this report are incorporated into the proposed plat. Staff Mould also recommend that the applicant work with staff to determine appropriate street names. J ction by Cc ::o "_.: t 1106.5.fzed__:.� - 5 MAPLEWOOD CITY COUNCIL NOTICE OF PUBLIC IIEARMG REGARDING A PROPOSED SUBDIVISION OF LAND No Li ce i s hereby gi ven that the blapl m%jood Ci ty Counc i 1 , i n 'accordance with Minnesota State Statutes Annotated Chapter 4. 62.353, has declared a Public hearing for October 5, 1973 at 7:30 1 in the Council Chambers of the Haplewood Municipal Building located at 1330 Frost Avenue, iaplewood Minnesota 55109. Tile purpose of said hearing is to consider all public remarks regarding a proposed land subdivision plat proposed by: SUBDIVIDr-.R: James li. & Victoria Miller 2413 Carver Avenue Maplewood, Minnesota 55119 LEGAL DESCRIPTION: The blest 112 of the R'E 1/4 of the M-1 1/4 of Sec't'ion 24, Township 23 Range 22, except the SouLh 256 feet of the East 170 feet and except the W 1/2 of the SW 1/4 of the HE 1/4 of the NW 1/4. MORE COLMON DESCRIPTION: A 13.33 acre parcel addressed as 2413 Carver Avenue NUMBER OF LOTS PROPOSED: 37 dwelling lots. ANY AND ALL PERSONS CONSIDER1idG THEMSELVES OR INTERESTS TO BE AFFECTED BY THIS PROPOSED SU13- DIVISION PLAT ARE INVITED TO Al - TEND THIS SCHEDULED HEARIi;G AND BE HEARD BY THE CITY COUNCIL City of Maplet, Minnesota P 9 n � \4r xn� W FULLE=R REL.II:IJNARY PLAT & RE /ONE QUfS "r 2413 CARVER AVENUE 6 -14 -78 I DATE �_ _.. _ _...... k .... . ..... WES 141LLER RI PLAT & REZONE - QUIST ._j I 0 '5 v z A k .... . ..... WES 141LLER RI PLAT & REZONE - QUIST ._j I v z k .... . ..... WES 141LLER RI PLAT & REZONE - QUIST 2413 CARVER AVE-IIUE ._j I 2413 CARVER AVE-IIUE C. Prelinrirlary Plat - Millers Battle Creek Addition Secretary Olson said the applicant: is requesting to plat his Property into 37 residential lots. The property is located north of Carver Avenue. The applicant w ilI redesign the plat so all corner lots will meet the minimum requirements. The Soil Conservation Service has suggested care during construction to prevent erosion of the property because of the gully and sandy soil conditions. Public Safety is concerned with providing service to the long cut -de --sac streets. The Public Works Department would like to see construction of three ponds along with development of the plat. There are a number of changes required to the plat, therefore, Staff is recommending at this time the Commission recommend to table the project until a feasibility study can be done on Boxwood Avenue and until design changes as reconairended in the Staff report: are considered. The Commission discussed the feasibility of construction of Boxr Avenue and the future development of the area and possible extension of Sterling Street. Secretary Olson said it would be difficult to extend Sterling because of the contours. Gene Peterson, representing the Millers, said the land slopes from north to south. 1 - here are a lot of trees on the property which they wish to save. There is a natural ponding area in the southerly portion of the property. There have been various street patterns discussed and considered. The end result is the cul -de -sacs as proposed on the plat. Commissioner Howard asked if consideration had been given to larger lots. The applicant said the size of the lots were determined by what the market will support in terms of costs. The utilities add to the cost of the lots. Coi;mnissioner Fischer asked if the property would meet the requirements for the RL6 Land Use Designation. Secretary Olson said there are some natural features on the property that could be considered for the RLL' designation. Commissioner Kishel said he thought the developers, at this point, were looking for input from the Commission. The Staff report indicates items that should be further investigated, moved the Commission table the _proposal as indicated In the recommendation of the s aff and suggested the applicant" work wl th st.atf wl th reward to loca l.'I nn of ,Iror <: :7nrl ni'hnr ifnmc niif inrrl Commissioner Pellish seconded Ayes all. rr 4 ' 4 i f i i Secretary Olson said the applicant: is requesting to plat his Property into 37 residential lots. The property is located north of Carver Avenue. The applicant w ilI redesign the plat so all corner lots will meet the minimum requirements. The Soil Conservation Service has suggested care during construction to prevent erosion of the property because of the gully and sandy soil conditions. Public Safety is concerned with providing service to the long cut -de --sac streets. The Public Works Department would like to see construction of three ponds along with development of the plat. There are a number of changes required to the plat, therefore, Staff is recommending at this time the Commission recommend to table the project until a feasibility study can be done on Boxwood Avenue and until design changes as reconairended in the Staff report: are considered. The Commission discussed the feasibility of construction of Boxr Avenue and the future development of the area and possible extension of Sterling Street. Secretary Olson said it would be difficult to extend Sterling because of the contours. Gene Peterson, representing the Millers, said the land slopes from north to south. 1 - here are a lot of trees on the property which they wish to save. There is a natural ponding area in the southerly portion of the property. There have been various street patterns discussed and considered. The end result is the cul -de -sacs as proposed on the plat. Commissioner Howard asked if consideration had been given to larger lots. The applicant said the size of the lots were determined by what the market will support in terms of costs. The utilities add to the cost of the lots. Coi;mnissioner Fischer asked if the property would meet the requirements for the RL6 Land Use Designation. Secretary Olson said there are some natural features on the property that could be considered for the RLL' designation. Commissioner Kishel said he thought the developers, at this point, were looking for input from the Commission. The Staff report indicates items that should be further investigated, moved the Commission table the _proposal as indicated In the recommendation of the s aff and suggested the applicant" work wl th st.atf wl th reward to loca l.'I nn of ,Iror <: :7nrl ni'hnr ifnmc niif inrrl Commissioner Pellish seconded Ayes all. rr 4 ' 4 i f i MEMORANDUM C TO: Mayor and City Counc:i.l. RROM: Acting City Manager. SUBJECT: Feasibility Study, Street: ]Improvement ._ Sandhurst: Street. DATE: October 12, 1.978 The City is in receipt of a petition for public works improvements to Sandhurst Street. from Van Dyke to Hazel Street. The petitioner. represents 36.5% of the properties abutting Sandhurst Street.. The project would require the installation of streets, curb and gutter, sanitary sewer, waterma:i.n and storm drainage facilities. Ordering of a feasibility study is reconmiended. r. Affl,lon by Gounol .1 Endorsed Modified ...... Da. tuw..,.A....a. <. We, Cho undersigned, do hereby pot it ion Che Counc iI of the C iy of MIpIOwood to with the provisions of Minnesota Statutes, Chapter 429; and that the cosL thereof be assessed agairuA benefitted property as provided by s id Chapter 4290 and that the said improvement be undertaken by the Village - Council in accordance with the provisions of Minnesota Statutes, Chapter 429; and that the cosL thereof be assessed agairuA benefitted property as provided by s id Chapter 4290 OWNER STREET ADDRESS LEGAL DESCRIPTION FRONT— D,? nrr. "(_L y t <�. �.ra� + ^ ^—VJ./ ,. ,� /, _ // - 1 / �� J� F�... : 5 4 /(/ / 1,� /t -��SJ _ /_'._. I certify that I have witnessed the above signa discussed with the signers. �> r NATO and the prop d irnprperne�ts were / - 1 x-. �rnr_ 9F OK se e' � / /'� /' /// .I 1 i., . � 1 � IT ).��a �tl �:: I: � �. 1 t IL T31 7 f 7 1 T Q3 t sky re Va c 9 vJ ��lysg ws A J _7_77 < �lr . V1 r v_� - ID I _ _ 18 10 14 LI C -'A R E ✓4, d C Cai. "S_JIJ51,JN °, r i U MJf i 1 f MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: ACTING CITY MANAGER SUBJECT: PROPETUY ASSESSMENT DIVISIONS DATE: OCTOBER 13, 1978 The following Property Divisions are submitted for approval: Division No. 05369£3 New Plat: Ridgewind Addition - Brooks and White Bear Avenue. No loss of assessments. Division No, 053743 Idaho Street property taken for widening of streets. No loss of assessments. Division No, 053660 New Plat.: Robert Tilsen's Maplewood Heights No. 9. No loss of assessments, W Endor.00(j- „.,.,,- „.,,,_ Modified__, Tic ject ;ed._ Da Lo .37 13 ` - t o C 4 D, — 1 �;W 0 100 Iclo i.0 V3.�4 IA loo I.Al Ac. Eq � !] 1.39 AC. q, 1, 0110 9 16 97T 2 1 4" - - ICA�;*) UA06K5 AVr 9 GU . 37 a<. 40- 0 C, 1 �eO� —.. _I!o �1'a{ =L __�_- 7 S- �,�.3•���.- .,1_.i �„- �; I to q •MR .31 C� 1, .3,r Wo J� C, 06 r, W pie In - — ,:Z:TT a4l, S TANT EX n. Ul 19-� 9.- 9l. $4 ' 14' I If y u "I n lo 9 f3 bj 0. 60 0/ 177 /A+S— C) ra 1 SJOAC. in IB 6 CO P.!;o ! 0' IJ4 MTTrT i c e i MTTrT i 1 �t 23'75,Xr nt 01111 Sias ' is 0' � ��• ` � � ^ I� IS6' 3L9[' 1640' si 0 7 G 13 — i1�o r "s • r o n' I 1._- , I o f i 9 ��e'_ i , 7, 10 I I I I � t I 13 I 14 I 15 I I I 17 v v 1 ELI ,r�r rqa, AV a�dfll• ,<aA.11sl[t"6 ° T i f� F I jv��.2. I I vi I I J � a m f I °2.64' 10 b�� 11 rl 12. I 13 I 14 ( 15 I 16 I f7 . I 18 N - 33 4 �� 100' 17296' 33 - .. i P� � r -- ------ -- -- • ......... . a l I 10 .-IAW 1 I b / N b�N o yy n o f v 1 fy LHno,) MVH H-L)KIN ? —2-oFTcF,– IV I, 'D 10 19, St- _ LL. 999 — OT -- 5Wl to 'CT rr D VIA D HIM 0 N to 91 91 11 e R CT 10 00 bj > ER oj N Of 10 f to cc I 61 k4 Nopj L6 TO: FROM: SUBJECT: LOCATION: APPLICANT: DATE: Mayor and City Council Acting City Manager Lot Div'is'ion E. 112 of Lot 3, E. G. John Kavanagh October 13, 1978 MEMORANDUM Roger's Garden Lots The City Council reviewed this application on September 21, 1978 and tabled action to allow Staff to discuss a proposed road with the County Parks Department. The applicant had indicated that the County was intending to purchase property south of his proposed lots as part of the Ramsey County Open Space program. Staff has since met with the County. Both the County and City Staff feel that the proposed open space corridor across Mr. Kavanagh's property could be moved further south to allow the construction of a road along the south property line of the proposed lots with an additional 150 feet for two more lots south of the proposed road. A 100 foot wide open corridor could then be acquired south of these two new additional lots. The purpose of this corridor is to provide a trail linkage between the County Open Space property to the east and the City's Four Seasons Park to the west. The enclosed map illustrates this proposal. The exact location of the proposed road would have to be determined through a feasibility study. The proposed road has a number of advantages: 1. It would eliminate the dead end on Bittersweet. 2. It would allow further development of Mr. Kavanagh's property as well as the properties to the east and west. 3. It would not require the removal of the garage on the property to the north of Mr. Kavanagh. If this road is not approved the proposed lots would be unbuildable, since they do not front on an improved street as required by Code. Any action on the lot split should, therefore, be "tabled until such time as the Council orders the proposed street. The applicant should submit a petition for the proposed street or request the Council to initiate a feasibility study. If the applicant re- quests the Council to initiate the project, he should be asked to share in the costs of the feasibility study. Recommendati on Table action on the lot split until Council orders the proposed street. Aot1on. by CouxiotL;, ReJ opted._.....___.. It SI z CO - 0 V . 66 N m it I 1 11 u. '! 50 N' 0 a, s Lq I 64 .01 , 1. 60 Ti t02- JOHN KAVANAGH PETITIONER LOT DIVISION REQUES T...-.-I.. PROPOSED STREET ALIGNMENT AND OPEN SPACE ACQUISITION E 10-16-78 .1. .1 DA * I" E L ) aLEJ PG 36 7 I: 0 a, s Lq I 64 .01 , 1. 60 Ti t02- JOHN KAVANAGH PETITIONER LOT DIVISION REQUES T...-.-I.. PROPOSED STREET ALIGNMENT AND OPEN SPACE ACQUISITION E 10-16-78 .1. .1 DA * I" E L ) aLEJ PG MEMORANDUM � 1 I - ROM : SUBJECT: LOCATION: APP I_I CANT DA1 E: Request Mayor and City Council Acting City Manager Lot Division East Half of Lot 3, E. John Kavanagh September 15, 1978 G. Roger's Garden Lots Applicant is requesting a lot split to divide the existing lot into three lots. Existing Land Use 1. The existing parcel is rectangular in shape. The parcel has an average width of 165.56 feet and a depth of 12.49.54 feet, with an area of 4.75 acres. 2. There is a small single - dwelling home on the south half of the property. Proposal_ 1 The applicant is proposing to split the subject parcel into three parcels (see enclosed map). 2. Lot A would have 165.825 feet of frontage on Gervais Avenue and an area of 4.19 acres. 3. Lot B would have 82 feet of frontage on a 33 foot undeveloped easement for Demont Avenue. The lot depth would be 150 feet. The lot area would be 12,300 square feet. 4. Lot C would have 83.25 feet of frontage on a 33 foot undeveloped easement for Demont Avenue. The -lot depth would be 150 feet. The lot area would be 12,487.5 square feet. Surrounding Properties 1. Northerly: The property north of the existing parcel is developed with a single family dwelling with frontage on Flandrau Street. 2. Easterly: The northern most parcel to the east is undeveloped with frontage on Bittersweet Lane. The southern most parcel to the east is developed with a single family dwelling. 3. Southerly: Gervais Avenue. South of Gervais Avenue is Washburn Laboratories. 4. Westerly: The southern most parcel to the west is developed with the Victory in Christ Lutheran Church.The northern most parcel to the west is occupied by a single family dwelling with frontage on Fremont Avenue. Past Action 1. 8-- 26 -76: After residents complained of foot and vehicular traffic over the undeveloped Demont Avenue right -of -way, Council directed Staff to post the Demont Avenue right -of -way, between Flandrau Street and Bittersweet Lane as not being a public thoroughfare. 2. 9- 8 - -77: Council approved a lot split for an 82 by 200 foot lot at the south -- westerly corner of the subject property. This split has not been recorded. Planning Considerations 1. The City Plan designates proposed Lots B and C for RL, Low Density Residential. The northern portion of proposed Lot A is designated for a trail between Four Seasons Park and - the Ramsey County Open Space property to the east. The southern portion is designated for Rh, High Density Residential. 2. The existing parcel is zoned R -1, Single Fancily Residential. 3. Section 501.02.0 of the City Code slates that, "No building permits will be issued for any construction within the Village unless the building site is located adjacent to an existing street which is dedicated and maintained as a Village street, or unless prov'is'ion for street construction has been made in full compliance with this code and in no case until grading work as provided herein has been completed and certified to the clerk by the Village Engineer; except that in isolated instances the Council may enter an agreement with a property owner for special handling of an unusual situation which agree- ment shall be recorded so as to run with the land affected." 4. Since Demont Avenue is undeveloped, building permits could not be - issued for Lots B and C. Public Works Considerations 1. Proposed Lots B and C could receive water service from a watermain located in the Demont Avenue right, -of -way. Water service is available to proposed Lot A from a watermain in Gervais Avenue. 2. Proposed Lot B could receive sanitary sewer service from a manhole located on the northeast portion of this lot. There is no sanitary sewer service avail- able to proposed Lot C. Sanitary sewer service is available to proposed Lot A from a main in Gervais Avenue. 3. The City has no plans to construct Demont Avenue between Flandrau Street and Bittersweet Lane. Access to proposed Lots B and C would be limited to the undeveloped 33 foot easement which abuts the north property lines. Publi Sa Co A paved, well maintained and snow plowed access road is essential for emergency vehicles. Analysis This lot split should be denied to avoid creating two unbuildable lots. Without frontage on an improved street, Section 501.020 of the City Code prohibits the issuance of a building permit. 2 RM Off feels that Demont Avenue may not be put through in the future. Council has already gone on record in 1976 as being opposed to pedestrian or vehicular traffic: using this route. So far, only the south half of the right-of-way has been acquired. Acquisition of the north half would involve removing the house at Flandrau Street and Demont Avenue. This property should not be divided any further, unles.s.it is done with a plat. Council already approved one split for this property on Gervais Avenue. It is clear that further land divisions should not be allowed until a street system is designed for this area as part of a plat. Recommendation Denial of the proposed lot division on access onto an improved and maintained Municipal Code. the basis that neither lots 0 or C have street, as per Section 501.020 of the C- An'l;W by Cour.cilt Cte j ected__..._,.._...... Date ... ..... --- ._._____ 3 JOHN KAVANAGIi PETI TIONER LOT DIVISION - REQUEST 9 -15 -78 DATE S ,Al- jF rul;) i -0 W-:f - --- ------------ ------ ---------- uI C AVE. ? 4 2 J III & tl ( \111 I A3t JOHN KAVANAGH PETITIONER LOT DIVISION REQUEST E 1/3 of Lot 3, E. G. Rogers Garden Lots In V'10. "I jez LIl Mlechr P 1 775-78 DATE sC. 7 F --JL . I - l"n , I (4 ► I qy.yr uI C AVE. ? 4 2 J III & tl ( \111 I A3t JOHN KAVANAGH PETITIONER LOT DIVISION REQUEST E 1/3 of Lot 3, E. G. Rogers Garden Lots In V'10. "I jez LIl Mlechr P 1 775-78 DATE sC. 7 F --JL . I - l"n , I MEMORANDUM 70: Mayor and City Council I - ROM: Acting City Manager SUBJECT: Lot Division APPLICANT: Prank McGinley LOCATION: 2044 Prosperity Avenue DATE: October "13, 1978 _Request The applicant: requests approval to divide one lot into three lots. Existing Land Use 1. The westerly side of the lot is developed with a single family dwelling and storage shed. 2. The subject lot is irregular in shape and has 167 feet of frontage on Prosperity Avenue and a maximum depth of 940 feet. 3. The subject property has an area of 1.71 acres. _Proposal 1. The applicant proposes to create three lots. Proposed Lot 1 is developed with the existing dwelling and shed. Lot 1 will have 167 feet of frontage on Prosperity Avenue, a maximum depth of 105 feet and an area of 10,063 square feet. 2. Proposed Lot 2 has 112 feet of frontage on Harris Avenue and an average depth of 138 feet. Lot 2 will have an area of 15,456 square feet. 3. Proposed Lot 3 is triangular in shape. It has a southerly lot line measuring 669 feet and a westerly lot line of 12.8 feet. Lot 3 will have an area of 42.816 square feet. 4. All three proposed lots meet lot size and frontage requirements. Surrounding Dev ment Northerly: Soo Line Railroad Tracks, the Ryan Equipment access drive and a single Family dwelling. Southerly: Harris Avenue and single family dwellings. Easterly: Soo Line Railraod tracks and the old Ryan Equipment building Westerly: Prosperity Avenue and single family dwellings. .ACUOYi by Couu<s.1.7.s; c 1:od . 0. PIanninn Considerations 1. The subject property is designated by the Comprehensive Land Use Plan to develop as RL, Low Density Residential. 2. The subject property is zoned R -1, Single Family ineerinu Considerations 1. Water and sanitary sewer are available in Prosperity Road. 2. Sanitary sewer extends northerly from frost Avenue on Kennard but stops at North Rosewood Avenue. 3. A water main extends northerly from Frost Avenue to a hydrant on Harris Avenue along Kennard Street. 4. The proposed lots 2 and 3 have not been assessed for sanitary sewer and water service. Prior to any connection to these facilities, cash connection charges must be paid. Analysis The proposed lots all exceed minimum lot size requirements Recommendation Approval of the lot division as proposed. \ L'� � I �� �I� t r \' ✓ �i�i 'IL I Low _I� n✓1__ll %/ ' tCA I F n a , 1 v 1 r �� I vC _ ry sl n JU cr 1 env I ;_ - "_!II —'- _-- - --__ j — � �� � I �� rsu�lz r ll r✓e_ J LEI 1[ °I 1V F. I Lj I tHl�h AV HAR, _ r�L v- IJiF M -'� 7�. ° .��_. 1. �� 1 ��___����� % ° •� ��: ��<)� °N,al AVE . -.. 1� I� Ui 511 V �'R��41 ��1 / V I.r _ a� w ✓ 1 I _ t 1 it II i� wll /VI �rkr fie. Id /O('C � I r 1.1 sor H rJ PPalc n la 1 1 S ono ii - FRANK MC GINI_f_Y 2044 PROSPERITY AVENUE PETITIONER -— LOT DIVISION REQUEST (SAT E b s. SCAL_F r:z:� r I I . c ul , 1 PVE w i / aov II o s c t i' 1 I l � � v -•r' L_ r1 �l I clr rli r E. l.� \ L'� � I �� �I� t r \' ✓ �i�i 'IL I Low _I� n✓1__ll %/ ' tCA I F n a , 1 v 1 r �� I vC _ ry sl n JU cr 1 env I ;_ - "_!II —'- _-- - --__ j — � �� � I �� rsu�lz r ll r✓e_ J LEI 1[ °I 1V F. I Lj I tHl�h AV HAR, _ r�L v- IJiF M -'� 7�. ° .��_. 1. �� 1 ��___����� % ° •� ��: ��<)� °N,al AVE . -.. 1� I� Ui 511 V �'R��41 ��1 / V I.r _ a� w ✓ 1 I _ t 1 it II i� wll /VI �rkr fie. Id /O('C � I r 1.1 sor H rJ PPalc n la 1 1 S ono ii - FRANK MC GINI_f_Y 2044 PROSPERITY AVENUE PETITIONER -— LOT DIVISION REQUEST (SAT E b s. SCAL_F r:z:� 47 f U R K F AV [Val q7cl w F M- r ------- 1 1 1 R E C* il., A I �1 C UN III IC; I AV E. 1 1175-3 , -- - nA,Iz CC I' ) � . - 7 1 7 W 105. oci in 131� too can, 77 .. ....... r 13 . 7 ITT w�- Z7 J�NJ2) 12 lex, —L120—L C, �—RO+S-E WO G C ------ F�7777 IS Jkz.e ?c ?.I I Zo 1 1 1 17 1 1 FRANK MC GINLEY PETITIONER COT DIVISION REQUEST' 10 - 13 -78 DATE Q. SCALE PC " r> .n pl It I 135.71 In J 6 1 I ! ! i " r> .n pl " r> .n MEMORANDUM TO: Mayor and City Council FROM: Acting City Manager SUBJECT: Lot Division LOCATION: Southeast Corner' of Geranium Avenue and Ferndale Street APPLICANT: Robert Basler DATE: October 16, 1978 Re ues t The applicant requests approval to divide one parcel into two lots. Existing_Land Use 1. The subject parcel is presently developed with a single family dwelling and backyard shed. 2. The subject lot is irregularly shaped and measures 110 feet along Geranium Avenue and 260 feet along Ferndale Street. The subject lot has an area of .71 acres. Pro PRSMI 1. The applicant is proposing to divide his property into two lots. 2. The proposed northerly lot is a corner lot and will measure 100 by 110 feet and have an area of 11,000 square feet. 3. The proposed southerly lot is developed with the single family dwelling and shed. 4. There is no sideyard setback problem with the existing dwelling and proposed lot line. SurroundiU9 Land Uses All surrounding properties are developed with single family dwellings. Past Actions None Planning C onsidera tions 1. The land Use Plan has designated that this property develop as RI_, Low Density Residential. 2. The subject property is zoned R -1, Single Family Residential. 3. The proposo o �peet or exceed minimum requirements for lot area and width. Engineering Considerations 1. Water and sanitary sewer are available from both Ferndale Street and Geranium Avenue. 2. Ferndale Street and Geranium Avenue are both paved streets. 3. There will be cash connection charges for connection to water and sanitary sewer facilities for the new lot. These consist of 55 feet for water and 160 feet for sanitary sewer. Analysis The only concern with the proposed split is that the cash connection charges be paid prior to approval of the lot split. Both lots exceed the minimum standards required for lot area and lot frontage. Recommendation Approval subject to paying the cash connection charges prior to approval of the new deeds. 2 ROBERT DASI_ER LOT DIVISION QUES T GERANIUM AND FERNDALE E -78 scn E_ PG....., l 4 ' V al y 3 e� h 4 u I _ , 4 v� J .....--- - . ...... /� ) 21 5 0/ /� n ll��/ l,0 ( /� (',., c. X (/ 3 u d� M n�'•p T In' , F p p o 'icy 2 < :M i, ' �..i.�.. <„6 I �� 1./' /.J• N _ �•". ` r th N 35'12 [�0'! -' O � I ( asa ro � \ < 3 .� I I •" asi ' o.i 2dL 07 r J I N 1. er • t ^ \ ' J ROBERT BnsLER�� LOT DIVISION REQUEST GERANIUM AND FERNDALE C 16 -7II SCALE j (PG:K. P" GLA I I K CNGiNH,RiijG ( O , P,emty "'M!,,VA)'/A I A Mi [,I l i VAki() N1 I NH[ APOL IS, MINN, 5540 (;12) 3M .1740 O SCALE: 1" 30' Bearings shown are assumed 30' Denotes Found Iron ErmO Denotes set iron NORTH DESCRIPTION YFWf of Lot 1, Blodk 5, Midvale Acres No 2, lying North of a line drawn at right angles to the west line of said lot and through a point on said west line 100 feet south of the northwest conier of said lot, according to.the recorded plat thereof. CERTIFICATION that this plat was prepared by me or under my direct supervision and that I am a duly registered Land Surveyor under the laws of tho`�tate of Pli A � "A TE �. D1ZXWN 9-5-7 ____ DB 7885 By: /<7 Date ZF Reg. No 571.3 Brucii TE e L Plat of Survey For sHurr NUMOE H 2677 7th St.. Maplewood, M11 I S. r 1" A to 5 A 2,1 3 C h2.12. C AFFA K 0 1 arl hle" Z w, 0 WLST O SCALE: 1" 30' Bearings shown are assumed 30' Denotes Found Iron ErmO Denotes set iron NORTH DESCRIPTION YFWf of Lot 1, Blodk 5, Midvale Acres No 2, lying North of a line drawn at right angles to the west line of said lot and through a point on said west line 100 feet south of the northwest conier of said lot, according to.the recorded plat thereof. CERTIFICATION that this plat was prepared by me or under my direct supervision and that I am a duly registered Land Surveyor under the laws of tho`�tate of Pli A � "A TE �. D1ZXWN 9-5-7 ____ DB 7885 By: /<7 Date ZF Reg. No 571.3 Brucii TE e L Plat of Survey For sHurr NUMOE H 2677 7th St.. Maplewood, M11 I S. r 1" A MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES UNION 7 Q1 n 1 U)9j �� A'prc q l LOCAL N0.320 �.'��• ;h` affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS. WAREHOUSEMEN &HELPERS OF AMERICA """`�" 3001 University Avenue S.E. — Minneapolis, Minnesota 55414 — Phone )612) 331 -3873 `1 <,E ..9 September 26, 1978 Mr. Eric Blank Acting City Manager 1380 Frost Avenue Maplewood, MN 55109 Dear Mr. Blank: Please be advised that Local No. 320 is hereby opening the collective bargaining agreement between the City of Maplewood - Police Department and Teamsters Local No. 320 The current agreement expires December 31, 1978. We are hereby giving you notice of our intent to negotiate for changes in the wages, hours and conditions of employment. Sincerely yours, TEAMSTERS LOCAL NO. 320 eJ '5 ' 6 v Lr Lawrence E. Evans Business Agent LEE /azo operiu =l2 United To Protect Fi City Mgr. Reiorred To: mayor & Council- ,_ -____ :i u l). t r S o n n c l _...... _.....1/_.- Ofher.--._.._ r� Date�...- b ....... I . � y l October 16, 1978 STAFF REPOR'.T TO: The Mayor and City Council FROM Acting City Manager SUB'JEC'T: Negotiations with international Brotherhood of Teamsters Vocal 320 and the City L' The Metropolitan Area Managers Association (M.A.M.A,) has asked the nineteen previous participating cities and others for an indication by October 18 on their desire to partici- pate in joint negotiating with Local 320 I.B.T. for the 1979 contract agreement, For several years the City of Maplewood has participated in this joint. approach. At this time, Staff feels, the city has four possible options to follow. They are l' M.A..M.A. joint negotiating. 2. Retaining a private consulting firm. 3. Retaining a private consultant. & City Staff handling. Fast experience has indicated that this endeavor is very time consuming and almost beyond the time available for City Staff to handle. This appears to rule out the fourth option at this time. Staff recommends the City Council consider and decide on one of the first three options. Man 13e,1 eoted..._._._._....._. I I L3 i,_ I LJ G1 Ll k kc r Gfi`�f }i�� cl It i .a'� �y�: iK��T� ' 'fit Cc:k� tK31l0p of the Twin City Area October 3, 1978 TO: CITY MANAGERS M.A.M.A. -320 JOINT BARGAINING CI'.FE.S FROI,4: Jerry Splinter, Chairman Id.A.M.A.- -320 Negotiating Committee SUBJECT: 1979 JOINT POLICE NEGOTIATIONS Enclosed is an Authorization for Representation in. Joint Police Negotiations for a Contract Beginning 1979 with Teamsters, Local No. 320. These Authorization for Representation forms are sent to ascertain the degree of interest in joint police negotiations for the contract year beginning 1979. We also request that you list at the bottom your suggestions and input for the M.A.M.A. Negotiating Committee. The deadline for returning this form is: Wednesday, Oct 1 8, 1978 If authorization cannot be processed - through your council by that time would you send along your suggestions and input, for the M.A.M.A. Negotiating Committee and indicate that approval is or is not forthcoming. Please return this form, a copy of the demands from I.B.T., Local No. 320 received by your city, and your suggestions and input as soon as possible to: Jerry Splinter, Chairman M.A.M.A. -320 Negotiating Committee c/o City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Cy Smythe Labor Relations Associates, Inc. 303 Hanover Building 480 Cedar Street Saint Paul, MN 55101 JS:hfc Encl. Michael Miller, President 1380 Frost Ave„ Maplewood, MN 55109 (612) 777.8131 John Fischbach, Secretary 4221 Lake. (toad, Robbinsdale, MN 55422 (612) 5374534 s . m, October 12, 1978 ,a�v5 aF ues� Em 0 /SG41 a� 6 4 IC�3Y� fu' LL fH LLgTT �}ms Mr. Michael Miller City Manager 1380 Frost Avenue Maplewood, MN. 55109 Dear Mike: Several. weeks ago, I contacted you with information re- garding the City of Richfield's litigation contesting the compulsory banding arbitration provision of the Minn- esota Public Employee Labor. Relations Act. Since that time, we have had an excellent response to our request for support in this endeavor.. Attached to this letter is a list of cities that have acted to support us in our Supreme Court appeal of the compulsory binding arbitra- tion provisions of state law. The date for presentation of oral arguments before the Minnesota Supreme Court has now been set for November 27, 1978. We are currently developing background material and general information on this matter which we intend to use for public information purposes as we approach the oral. argument date. We would like to include in this material. a list of the Minnesota cities that acted to support Richfield in this litigation. If your city is considering action to support Richfield, it would be helpful if the action could occur within the next two weeks so that our public information material could be complete. I have enclosed a copy of my earlier letter which includes a sample resolution for your con- sideration. If you have questions regarding this matter., please contact myself, Mr. Dennis O'Brien of the LeFevere, Lefler, Pear- son, O'Brien and Drawz law firm (612/333 - 0543), or Stan Peskar, general counsel. to the League of Minnesota Cities, (612/222- 2861). A copy of your city's resolution should be sent to Mr. Stan Peskar, League of Minnesota Cities, 300 Hanover Building, 480 Cedar Street, St. Paul, MN. 55101. Sincerely yours, Wayne S. Burgg off City Manager WSB /eja telephone: 669 -7521 (612) an equal opportunity employer r..,. CITIES IN SUPPORT OF LITIGATION Anoka Bloomington Brooklyn Center Brooklyn Park Champlin Chaska Columbia Heights Coon Rapids Cottage Grove Eden Prairie Edina Farmington Fridley Mendota Heights Minnetonka Mi_nnetrista Mounds View Golden Valley Hopkins Inver Grove Heights Lakeville North St. Paul Oakdale Plymouth Robbinsdale Roseville St. Anthony St Louis Park Wayzata Woodbury Montevideo Northfield Owatonna Prior. Lake St. Peter. Waseca Winona Hutchinson Redwood Falls Marshall Morris Faribaul.t Mankato 10/12/78 CITIES IN SUPPORT OF LITIGATION Anoka Bloomington Brooklyn Center Brooklyn Park Champlin Chaska Columbia Heights Coon Rapids Cottage Grove Eden Prairie Edina Farmington Fridley Mendota Heights Minnetonka Minnetrista Mounds View Golden Valley Hopkins Inver Grove IIe:i_ghts Lakeville North St. Paul Oakdale Plymouth Robbinsdale Roseville St. Anthony St. Louis Park Wayzata Woodbury Montevideo Northfield Owatonna Prior Lake St. Peter Waseca Winona Hutchinson Redwood Falls Marshall Morris Far.ibault Mankato 10/12/78 IT II AUTHOR77ATION FOR REPRESENTATION IN JOINT POLICE NEGOTIATIONS 1. 2 FOR A CONTRACT YEAR BEGINNING 1979 WITII TEAMSTERS, LOCAL, #320 The municipality of (name) hereby (authorizes ., does not authorize ) the committee which has been established by M.A.M.A. with Jerry Splinter, Brooklyn Center, as Chairman to ,serve as its .representative in police negotiations with the International Brotherhood of Teamsters. If you have authorized representation of your municipality by the committee in #1, in what capacity do you wish to be represented? a. wage negotiations for the top patrol officer. b. Negotiations for the master contract. c. Both "a" and "b." NOTE: Articles on fringe benefits will be written on a local basis after agreement has been reached on the master contract. Negotiations for changes in fringe benefits, if any, will be conducted locally at that time. Therefore, the committee is not requesting authority from municipalities to negotiate such benefits. Signed (City Manager MAN AGEME N T DET TO BE IN CLUD E D IN if additional 'space is needed Date (list below, use reverse side I i � J October 12, 1978 Mr. Michael Miller City Manager 1380 Frost Avenue Maplewood, P4N. 55109 Dear. Mike: Several. weeks ago, I contacted you with information re- qarding the City of Richfield's litigation contesting the compulsory binding arbitration provision of the Minn- esota Public Employee Labor Relations Act. Since that time, we have had an excellent response to our request for support in this endeavor. Attached to this letter is a list of cities that have acted to support us in our Supreme Court appeal. of the compulsory binding arbitra- tion provisions of state law. The date for presentation of oral arguments before the Minnesota Supreme Court has now been set for November. 27, 1978. We are currently developing background material and general information on this matter which we intend to use for public information purposes as we approach the oral argument date. We would like to include in this material a list: of the Minnesota cities that acted to support Richfield in this :Litigation. If your city is considering action to support Richf-i.eld, it would be helpful if the action could occur within the next two weeks so that our public information material. could be complete. I have enclosed a copy of my earlier letter which includes a sample resolution for your con- sideration. If you have questions regarding this matter., please contact myself, Mr. Dennis O'Brien of the LeFevere, Lefler, Pear- son, O'Brien and Drawz :Law firm (612/333 °0543), or Stan Peskar, general counsel to the League of Minnesota Cities, (612/222- 2861). A copy of your city's resolution should be sent to Mr). Stan Peskar, League of Minnesota Cities, 300 Hanover Building, 480 Cedar Street, St.. Paul, MN. 55101. Sincerely yours, Wayne S. Burgg> ff City Manager WSB /eja telephone: 669 - 7521 (612) an equal opportunity employer cm P' stirry q @ �% IJ A 012 f h'd V ; (M X1 1 (NLZi 04 tammF.� ,.b i N WMA Q�9 October 12, 1978 Mr. Michael Miller City Manager 1380 Frost Avenue Maplewood, P4N. 55109 Dear. Mike: Several. weeks ago, I contacted you with information re- qarding the City of Richfield's litigation contesting the compulsory binding arbitration provision of the Minn- esota Public Employee Labor Relations Act. Since that time, we have had an excellent response to our request for support in this endeavor. Attached to this letter is a list of cities that have acted to support us in our Supreme Court appeal. of the compulsory binding arbitra- tion provisions of state law. The date for presentation of oral arguments before the Minnesota Supreme Court has now been set for November. 27, 1978. We are currently developing background material and general information on this matter which we intend to use for public information purposes as we approach the oral argument date. We would like to include in this material a list: of the Minnesota cities that acted to support Richfield in this :Litigation. If your city is considering action to support Richf-i.eld, it would be helpful if the action could occur within the next two weeks so that our public information material. could be complete. I have enclosed a copy of my earlier letter which includes a sample resolution for your con- sideration. If you have questions regarding this matter., please contact myself, Mr. Dennis O'Brien of the LeFevere, Lefler, Pear- son, O'Brien and Drawz :Law firm (612/333 °0543), or Stan Peskar, general counsel to the League of Minnesota Cities, (612/222- 2861). A copy of your city's resolution should be sent to Mr). Stan Peskar, League of Minnesota Cities, 300 Hanover Building, 480 Cedar Street, St.. Paul, MN. 55101. Sincerely yours, Wayne S. Burgg> ff City Manager WSB /eja telephone: 669 - 7521 (612) an equal opportunity employer CITIES IN SUPPORT OF LITIGATION Anoka Wayzata Bloomington Woodbury Brooklyn Center Montevideo Brooklyn Park Northfield Champlin Owatonna Chaska Prior Lake Columbia Heights St. Peter Coon Rapids Waseca Cottage Grove Winona Eden Prairie Hutchinson Edina Redwood Falls Farmington Marshall Fridley Morris Mendota Heights Fariba.ult Minnetonka Mankato Mi_nnetrista Mounds View Golden Valley Hopkins Inver Grove Heights Lakeville North St. Paul Oakdale Plymouth Robbinsdale Roseville St. Anthony St. Louis Park 10/12/78 Y RESOLUTION SUPPORTING CITY OF RICHFIELD LAWSUIT CONTESTING PELRA COMPULSORY BINDING ARBITRATION PROVISIONS WHEREAS, the City of Richfield has initiated a lawsuit contesting the compulsory binding arbitration provisions of PELRA (City of Richfield vs. Local No. 1215, International Association of Fire Fighters and State of Minnesota, Intervenor), and WHEREAS, this lawsuit is currently under appeal to the Minnesota Supreme Court, and WHEREAS, the PELRA binding arbitration provisions delegate fundamental decisions regarding the kind, extent and cost of govern- mental services to private, politically unaccountable individuals, and WHEREAS, cities .in Minnesota have generally had poor experience with these binding arbitration provisions in that decisions have been unfair, inflationary and detrimental to the collective bargaining process, and WHEREAS, other viable, more fair and just alternatives do exist to the PELRA binding arbitration provisions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of , Minnesota, as follows: 1. That this city supports the City of Richfield in this lawsuit and directs that a copy of this resolution of support be filed with the League of Minnesota Cities. 2. (optional) That the sum of $100 is hereby authorized to be paid to the League of Minnesota Cities to assist in financing the cost of appealing this lawsuit to the Minnesota Supreme Court. Passed by the City Council of the City of Minnesota, this day of August, 1978. I am writing to provide information and seek the support of your city in our lawsuit contesting the compulsory ,binding arbitration provisions of the Minnesota Public Employees Labor Relations Act. This action was initiated by the Richfield City Council as a result of an arbitration panel award issued March 31, 1977 for a 1976 labor contract with Local 1215, International Association of Fire Fighters. In addition to the question of whether binding arbitration is con- stitutional, the lawsuit involves Issue IX of this arbi- tration award concerning contract duration. The Attorney General intervened at the district court level'on the side of the bargaining unit to defend the constitutionality of the statute. In addition, the American Federation of State, County and Municipal Employees AFL -CIO joined the proceedings as amici curiae at this lower court level in support of the bargaining unit position. On January 19, 1978, Judge Allen Oleisky in Hennepin County District Court issued an Order and Memorandum denying the city's motion to declare the com- pulsory binding arbitration provisions of PERLA uncon- stitutional and refusing to vacate the arbitration award pertaining to Issue IX. The Richfield City Council decided to appeal the lower court decision to the Minnesota Supreme Court. -While a Supreme Court hearing date has not yet been set, the court has indicated a preference to hear this matter early in the fall term and we can anticipate a date in late September or early October. In June, 1977, the League of Minnesota Cities Board of Directors voted to support this Richfield action. The Board found it to have very great potential impact on cities throughout the state. Moreover, the Richfield TV Page Two August" 10,1 978 position was consistent with adopted League policies on impass resolution with public employee unions. The League has joined the proceedings as amici curiae at the Supreme Court level and will assist in coordinating efforts of individural local governments who wish to support the lawsuit. The City of Richfield and the League of Minnesota Cities have both filed their Supreme Court briefs. On the other side, the Attorney General, and AFCME have filed their briefs. The IAFF has not yet filed its brief but is expected to do so shortly. In addition, the Minnesota Education Association has intervened at the Supreme Court level and will file a brief on behalf of it's membership in support of the arbitration provisions. This lawsuit is the first attempt to determine the constitutionality of the compulsory binding arbitration provisions of PELRA since first enacted in 1971. However, similar efforts have occurred in other states with varying degrees of success. The most recent litigation occurred in Texas where a lower court decision found the Texas arbitration law unconstitutional. Early in July the Hartford, Connecticut Superior Court found that state's compulsory arbitration law unconstitutional. A copy of an NLC news article on this Connecticut decision is attached. You will note in the article on the Connecticut decision that 75 Connecticut municipalities helped to support the action initiated in that state. We believe that in addition to LMC support it would be very helpful for the court and our state legislatures to know that a large number of cities in the state are concerned with the binding arbitration provisions in the state statutes. Therefore, I am asking that you bring this matter to the attention of your city council and recommend that your city support our action through adoption of the attached resolution. We are requesting that interested cities help defray the cost of the Supreme Court appeal with a $100 contribution (should contributions exceed costs, we will return the balance on a pro rata basis). How- ever, please note that the contribution is not a prerequisite for the resolution of support. It is most important that cities indicate their positions with respect to this litigation by adopting a resolution similar to the sample which is attached. Please send a copy of your city's resolution to: Mr. Stan Peskar, General Counsel League of Minnesota Cities 300 Hanover Building 980 Cedar Street St. Paul, Minnesota 55101 Checks should be made out to the League of Minnesota Cities and designated for this binding arbitration lawsuit. M Page Three August 10, 1978 Inasmuch as the Supreme Court could hear this case as early as next month, we would appreciate a response as soon as possible. Any inquiries on details of the case should be directed to Stan Peskar, 612/222 -2861 or our attorney Dennis O'Brien 6127333 -0543 with the firm of LeFevere, Lefler, Pearson, O'Brien & Drawz. I would be happy to answer any other questions or provide any other additional information you desire. Sincerely yours ow - Wayne S. Burg graaff City Manager WSB /jkl Enclosures P c o � � I om � 3 (1N 7 n,a a-g n po a..0 O' .1 n r-I o 0 �..� w O 7ro n N T N .:A O N n 3 x .. 0 0 ..� p, p.... 5 4 . -0 cL 7, p, _ d �" n N <• a w 'O 7' T 7 5 .� N O ° ry T ry ry G �O N N 0' a ^. o .T; N^ 7 On OF p� b G p' N o p a a 5 O nro ro m :"' 7 goo o a �� „�•a ti a oti' � ' n...3n -- v • ° ��oro 9oo•n �e :3 0.0 E0 00 �" c a rn A ��. N n n 5''" p " k� `�^ 0 5'a �- 1 o 7� v o� A O O o n Cie .mK n30A — a o A0 m0 F � �•o vwo•aT�T Tai T° I 1� a N fC n a .O (D < N � G•Q 7 � p n ^. d T � n C (na vai SDI- Q N G p 0 70 .Q' 0 7 ? C1. ] G, C• D. N O' n a m v w Y do N O a a p .y T _. •� 0 n G a s 7 n 0 � � p m n O. n n p d� ... _• X a. a 5 . 0� 7 d V� .� O� � N W O b � n y N vl S'•XO 0 o O a CL N A n O 00 H v n p 7 '+ a `^ T �. N O OQ O O . -- 7 a .. , .J w -• N cr ti �"�<ry<S�70 "a SO'C d. ioG.n O a n Ll C N z Y a CD ro A d N _7 F O 7 p n L C K f Q i 4 V co ...- --.: MEMORANDUM TO: Mayor and City Council FROM: Acting City Manager SUBJECT: Budget Transfer - Overhead Projector DATE: October 16, 1978 Staff is requesting that Council transfer $424.00 from the General Fund Contingency Account for the purchase of a 3M overhead projector. The previous projector was being used from the Office of Emergency Prepared- ness. It was taken to a repair shop after a fire developed in it at a Planning Commission meeting. The repair shop informed us that this was an obsolete unit and parts were no longer available. Also, the fire had made the unit unsalvageable. way Action by Council:! Endorsed_ . ModffiedL Re j ccted... -. Dato ._� r October 16, 1978 STAFF REPORT TO: The Mayor and City Council FROM: Staff SUBJECT: 1978 Budget Transfer Request City General Fund Contingency 161 -4910 to Police Capital Outlay 121 -4640 The ° 1978 labor agreement between the City and I.B.T. 320 as the result of arbitration under Article XIX lists firearms as a required article of clothing and equipment. The City has never furnished firearms in the past. However, several other cities have not done so either, but are making arrange- ments to do so at the present time. According, Staff proposes to purchase a standard police handgun and have it engraved "City of Maplewood ". These weapons will become department issue to each officer with the City retaining ownership. Preliminary bid inquiries indicate a cost of approximately $150.00 per weapon. Fifty guns will allow spares and for replacements for the foreseeable future. Staff recommends a budget transfer of $7,500.00 from the 1978 City General Fund contingency budget account 161 -4910 to Police capital outlay, other equipment, 121 -4640. /01 VV Aotion b., Couaoil n Endors Modl -fl � Rejecte Date �.: i .. I . I_ C►1:�tronc:iitcan nrca fflanogcment C'rrociotion of the Twin City Area August 1978 TO: CITY MANAGERS M.A.M.A. -320 Joint Bargaining Cities FROM SUBJECT Harlyn Larson, Chairman M.A.M.A. -320 Negotiating Committee M.A.M.A. -320 AGREEMENT I. GENERAL INFORMATION Enclosed is'a copy of the MASTER CONTRACT language agreed to by the Metropolitan Area Management Association (M.A.M.A.) and I.B.T., Local No_ 320. Your present be and step monthly and /or hourly salaries should be adjusted by 8.57% and added to APPENDIX A (top patrol rate as awarded by the arbitration panel in June, 1978, and the classification or position differentials). The MASTER "CONTRACT language is to be preserved as contained in this enclosed document, and is not to be altered, added to, deleted from, or changed in anyway. Sign the Master Contract for your City. Add Appendix B to the 'Master Contract containing those articles.labeled B -I, B -II, etc., containing those local articles from your 1975-77 agreement, making no changes from the 1975 -77 agreement. Check with Labor Relations Associates,. Inc. before signing Appendix B. ' Upon execution of the 1978 Agreement by your City and I.B.T., Local No. 320, including local contract items, forward a copy to Labor Relations Associates, Inc., 303 Hanover Building, 480 Cedar Street, St. Paul, Minnesota 55101. II. IMPLEMENTATION A. As soon as practicable, begin 'paying the new salary-rate but not back pay B. As employees indicate whether they choose longevity or educational incentive, beginning as of July 1, 1978, under ARTICLE XXI, back -pay checks can be prepared. For.Lhose choosing longevity, checks can be prepared on the b-isis of MichaA Mille'. President John Viubbaah. Scr,rlar) I3n0 ) rrnl Ace., 144p1ess'und, SIN 55109 4221 Lake NoaJ, 110bhinsdale, AIN 554:2 (612)777fi 131 (612)537 -4534 . ...._....__..... CITY PIANAGEP.S -2- August 1978 M.A.M.A. -320 JOINT BARCAINI'NG CITIES the stipulated $. Fo those choosing educational incentive, no checks should be issued for any credits without specific review and approval by the M.A.M.A. Educational Incentive Committee. III. EDUCATIONAL INCENTIVE Enclosed is a list of the courses and course areas approved for payment by M.A.M.A. No payment should be approved for courses or course areas.not listed here after July 1, 1978 for employees choosing Educational Incentive pay. All grievances filed by the Union should be referred to M.A.M.A. through Labor Relations Associates, Inc. No answer to Educational Incentive grievances should be given by individual cities Criminal Justice Studies These courses cannot duplicate those in Law Enforcement Studies. Communications Maximum of four_(4) credits oral and /or written.. Health Drug Use & Abuse Introduction to Chemical Dependency Chemical Dependency - Persons Law Enforcement Stu Introduction to Law Enforcement Police - Community Relations Criminal Behavior Criminal Law Criminal Evidence & Procedure +. Criminal Investigation Constitutional Law for Law Enforcement Introduction to Criminalistics CITY MANA GEP,S —3- August , 1978 M.A.M.A. -320 JOINT BARGAINING CITIES Psychology 'Introduction or General Psychology--(not: more than two (2) introductory or basic courses, up to a' maximum of eight (8) credits) Abnormal Psychology Adolescent Psychology Child Psychology Psychology of Deviant Behavior Sociology Introduction or Principles of Sociology (not more than two (2) introductory.or basis courses, up to a maximum of eight (8)'credits) Marriage and Family Crime and Delinquency Juvenile Delinquency IV. REQUIRED UNIFORMS AND EQUIPMENT f Under ARTICLE XIX, the required articles should consist of: Hats Summer & Winter Shirts Summer & Winter Pants Ties Trouser Belt Jackets Rain Gear Traffic Vest Belt , Holster Leather Equipment Buckle a--� Firearms Overshoes Gloves Helmets, if required Mace Required Footwear (Any employee desiring to wear other than required footwear must show a doctor's certificate and pay any additional cost over required shoes.) Refer all questions regarding uniforms and equipment to the M.A.M.A. Committee on Uniforms through Labor Relations Associates. If you have any questions regarding the Agreement or implementation, please call Cy Smythe at Labor Relations Associates, 227 - 7541. r MEMORANDUM TO Mayor and City Council FROM Acting City Manager RE Annual Audit - 1978 DATE October. 12, 1978 DeLaHunt, Voto & Company, our present auditing firm, has pre- sented for approval and execution an agreement for auditing services for the year 1978. The proposed agreement reflects an increase in hourly rates that will increase the audit cost to approximately $14,310. This is $778 or 5.75% greater than the 1977 audit bill. DeLaHunt, Voto & Company has provided Maplewood with satisfac- tory auditing services since 1967. The firm is experienced in municipal audits and presently has approximately twelve other governmental bodies as clients including the cities of White Bear Lake, South St. Paul, Stillwater, and New Brighton. Therefore, it is recommended that staff be authorized to execute an agreement with DeLaHunt, Voto & Company for the 1978 audit. Aotion Iii; Council:., Endorse'd_.,.., Modified,..,,.,,_ _ Rejected,_ Date..— MEMORANDUM TO : Mayor and City Council FROM . Acting City Manager SUBJECT: Court Lease - 1979 DATE October 12, 1978 Request / e A representative of Ramsey County has requested a lease proposal from the City to allow the Municipal Court to remain in the City Hall during 1979. Background When the City's Municipal Court was abolished effective January 1, 1975, a two -year lease was entered into with Ramsey County at $10,320 per year. This amount was based upon a rate of $5.00 per square foot determined by a comparison of market rental rates for comparable office facilities. This rate of $5.00 per square foot was also used by the cities of New Brighton, North St. Paul, and White Bear Lake in their court leases. When the lease was renewed for 1977 and 1978, the rate was left at $5.00 per square foot. However in 1978, the usage rate for the court reporter and attorney offices was increased from 60% to 100% which increased the annual rent from $10,320 to $10,350. Analysis Continuation of the Court lease requires an analysis of the City costs associated with the Court in order to set a fair lease rate. This analysis involves cost accounting calculations and was based upon guidelines used by Hennepin County for their leases of court facilities. A breakdown of the costs is found in Exhibit A and indicates total costs are estimated at $10,721 for 1979. Relating this amount to the court rental area of 2,070 sq. ft. yields a square footage rate $5.18. Other cities in Ramsey County were surveyed to determine the rate that they are charging the county for court space. This survey indicated the following rates per square foot: The rate charged by Roseville has always been higher because they have a new City Hall. Proposed rates for 1979 are 6% greater than 1978. Maplewood did not increase its rental rate for 1978 from $5.00 to $5.30 because last year's cost accounting analysis indicated City costs were only $4.86 per square foot. The 1979 Budget includes estimated court lease revenue of $10,970 which represents a 6% increase over 1978 and $5.30 per square foot. The 6% anticipated increase in rent in the 1979 Budget was based upon an agreement between the Ramsey County city managers that they would all request the same percentage increase. Actual Proposed 1978 1979 Roseville 6.36 6.74 New Brighton $ 5.30 $ 5.62 No. St. Paul $ 5.30 $ 5.62 White Bear Lake $ 5.30 $ 5.62 The rate charged by Roseville has always been higher because they have a new City Hall. Proposed rates for 1979 are 6% greater than 1978. Maplewood did not increase its rental rate for 1978 from $5.00 to $5.30 because last year's cost accounting analysis indicated City costs were only $4.86 per square foot. The 1979 Budget includes estimated court lease revenue of $10,970 which represents a 6% increase over 1978 and $5.30 per square foot. The 6% anticipated increase in rent in the 1979 Budget was based upon an agreement between the Ramsey County city managers that they would all request the same percentage increase. ulterhatives 1. Increase the lease rate from $5.00 to $5.18 per square foot to recoup only the estimated actual costs of the City for leasing the court space. This would generate $10,722.60 per year ($893.55 per month). 2. Increase the lease rate by 6% from $5.00 to per square foot in order to match the percentage rate increase proposed by other cities. This would generate $10,971 per year ($914.25 per month). 3. Increase the lease rate from $5.00 to $5.62 per square foot in order to match the rate charged by other cities. This would generate $11,633.40 per year ($969.45 per month). Recommendation Staff suggests the third alternative because for,the past several years the suburbs have attempted to keep the lease rates the same. Therefore, it is recommended that staff be authorized to execute a lease agreement with Ramsey County for court space during 1979 at $5.62 per square foot. e l��I" r Ykotfcm By goxur®311 LndorsoiL-. n Mo _ Re j Urxtii._., _. -2- L A I I I U J U h Supporting Calculations for 1979 Court Lease* Fixed Costs (Amortized over 20 ears) City Hall construction costs Interest on City Hall bonds Parking lot expansion completed in 1978 Total Fixed Costs Variable Costs Janitorial Wages and benefits Janitorial supplies Repair and maintenance costs Miscellaneous contractual services Gas heating costs Electricity costs Sewer and water Insurance Grounds and parking lot maintenance Building management Total Variable Costs Total Fixed and Variable Costs 20,820 Annual Costs 3,331 TOTAL CITY COURT $10,719_ $ 9,004 $ 1,715 4,228 3,552 676 1,900 1,596 304 16,847 14,152 2,695 20,820 17,489 3,331 3,270 2,747 523 4,090 3,436 654 1,790 1,504 286 2,759 2,318 441 10,148 8,524 1,624 270 227 43 1,760 1,478 282 2,426 2,038 388 2,838 2,384 454 50,171 42,145 8,026 $67,018 $56,297 $10,721 *The percentage allocation of the above costs is based upon the pro -rata share of the City Hall used by the Court which amounts to 16 %. ,y c I MEMORANDUM TO : Mayor and City Council FROM: Acting City Manager RE Commercial Revenue Note Request - Wendy's Restaurant DATE: October 13, 1978 Request G.y On October 11th the attached request (Exhibit A) was received from Gerald Mogren requesting to be placed on the October 16th Council meeting agenda. Mr. Mogren is requesting a City commercial revenue note for financing a Wendy's restaurant. A summary of the proposed project is outlined-in Exhibit B. The location of the proposed restaurant is on the northwest corner of White Bear Avenue and Woodlyn Avenue. Background The steps involved in this type of financing are as follows: 1. Developer signs agreement to pay all costs involved in the issuance of a note to finance the project. 2. Staff determination of whether the proposed project meets the criteria adopted by the Council on December 8, 1977 (Exhibit C). 3. If the proposed project meets the City's criteria, the Council adopts a resolution authorizing an application for State approval of the proposed project. 4. Upon State approval, the Council adopts a resolution authorizing the issuance of a revenue note. In the past, the Council has received two applications for financing of this type and both were approved. These were: Date Note Amount Authorized Project of Note Mortgagee 4 -20 -78 Maplewood Square $1,600,000 Midwest Federal 6 -1 -78 Denny's Restaurant $ 475,000 Hillcrest MidAmerica The financial consultant representing the developers.in both of these projects was Juran and Moody, Incorporated. The bond counsel representing the City in both of these projects was Briggs and Morgan, Professional Association. Analysis Mr. Mogren has signed an agreement to pay all costs involved in financing the proposed project. The project clearly meets all of the criteria outlined in Exhibit C except for item 0. The only question here is whether or not the City desires another restaurant in this area. The property is zoned properly for restaurant use. The Planning Commission however, has indicated a concern regarding the number of restaurants in this area. ., The financial consultant representing the developer for this project is First Corporate Services, Incorporated. Their report on the economic feasibility of the project is outlined in Exhibit D. The bond counsel to represent the City for the proposed project is Briggs and Morgan based upon the developer's request and the City Attorney's recommendation. Recommendat Staff recommends that the Council adopt the attached resolution (Exhibit.E) if an additional restaurant is desired in the area specified. If the Council believes that there are too many restaurants in this area, the proposal does not meet criteria three and then the attached resolution should not be approved. M 44 Aotfort by, Councl:Ul Modif i ed— Ee j ee, l.ed.—_ -2- October 11, 1978 Mr. Eric Blank City Manager Maplewood City Hall Maplewood, Minnesota 55119 Dear Mr. Blank: Please find enclosed the following documents pertaining to the proposed restaurant project: 1) Application 2) Preliminary Resolution 3) Project Description 4) Feasibility Letter from First Corporate Services, Inc. 5) Site Plan If these documents are in order, we would like to be placed on the agenda for the Council's meeting of October 16, 1978. Yo rs very truly, Mr. Gerald M gre enclosures Exhibit B COMMERCIAL REVENUE 2@N City: City of Maplewood, Minnesota Site: Homart Development, Maplewood Mall, Section 1 Applicant: Mogren Bros. .Richard Nordlund George Halvorson Project: To enter into a build to suit, long term lease arrangement with Wendy's Old Fashion Guarantors Amount: Cost Breakdown: Employment Operation: Hamburgers The Wendy's lease, Mogren Bros., Richard Nordlund, and George Halvorson $350,000 Land $150,000 Construction 180,000 Legal /Accounting 3,000 Bond Council 6,000 Underwriting 6,000 Miscellaneous 5,000 .TOTAL $350,000 50 full and part -time people Wendy's of Minnesota will lease this building on a triple net lease basis and assume full responsibility for its operation. They currently have 15 stores in operation Exhibit C WHEREAS, the City of Maplewood has been granted authority to issue notes according to the terms of the Municipal Industrial development Act of 1967 as amended; and WHEREAS, the financing of certain types of projects under the terms of this act will benefit the City; NOW, THEREFORE, BE IT RESOLVED, that the City Council will consider requests for financing under, this act through the issuance of notes according to the following guidelines: 1. The project shall be compatible with the overall development plans of the City. 2. The project shall not require a significant amount of public expenditures for City improvements such as roads, sewers, and wat 3. The project shall involve a business of a nature that the City would wish to attract or an existing business that the City would desire to expand. 4. The applicant shall sign a memorandum of agreement providing that they will pay all costs involved in the legal and fiscal review of the proposed project and all costs involved in the issuance of notes to finance the project. 5. The City reserves the right to deny any application for financing at any stage of the proceedings prior to adopting the resolution authorizing the issuance of a note. I Exhibit D FIRST CORPORATE SERVICES, INC. Investment Bankers Suite 206 822 Marquette Minneapolis, Minnesota 55402 (612) 335.0955 October 11, 1978 Minnesota Department of Commerce Securities Division 500 Metro Square Building St. Paul, Minnesota 55101 Honorable Mayor and City Council Maplewood City Hall Maplewood, Minnesota RE: Proposed $350,000 Commercial Development Revenue Note of the City of Maplewood, Minnesota ( Mogren Bros Restaurant Project) Gentlemen: At the request of Mr. Gerald Mogren, we have conducted an informal study as to the economic feasibility of the proposal that the City of Maplewood issue its revenue obligations under provisions of the Minnesota Municipal Industrial Development Act to provide funds for the construction of a restaurant facility on property located in the City of Maplewood. Our study has led us to conclude that on the basis of current financial conditions, the project is economically feasible and the revenue obligations of the City can be successfully issued and sold. We propose to act as agent for the City and the Company in arranging for the private placement of the obligations with one or more financial institutions, on a best efforts basis, subject to the approval of the project by the City of Maplewood and the Minnesota Department of Commerce and subject to final agreement among the City, the Company and the ultimate purchasers as to the terms and conditions of the issuance and sale of the obligations. Very truly yours, FIRST CORPORATE SERVICES, INC. BY LU �&! Richard J. Nordlund Vice Pros dent RJN /dv Exhibit E (Page 1 of 7) STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD Resolution No. RESOLUTION RECITING A PROPOSAL FOR A RESTAURANT DEVELOPMENT PROJECT AND GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO MINNESOTA STATUTES AND AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND RELATED MATTERS IN CONNECTION WITH SAID PROJECT WHEREAS, (a) The request of Mogren Landscaping, a Minnesota partnership (hereinafter "Mogren ") for assistance in financing its Restaurant Construction (hereafter "Project ") warrants the support of the City of Maplewood, because (i) the City has an interest in delivery of commercial services to area residents; and (ii) additional job opportunities will be generated by the Project. (b) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (hereinafter called "Act ") as found and determined by the legislature is to promote the welfare of the state by the active attraction, encouragement and development of economically sound development proposals. (c) The City Council has received from Mogren a proposal, which proposal is outlined in a letter, a copy of which is attached hereto as Exhibit A, that the City assist in the financing of the Project through the issuance of a Revenue Note pursuant to the Act, and, if necessary, to issue one or more notes on an interim basis in anticipation of payment from the proceeds of such note. Exhibit E (Page 2 of 7) (d) The City of Maplewood desires to facilitate the selective development of the community and to help it provide the range of services and employment opportunities required by its population and said Project will assist the City in achieving that objective. (e) Mogren will be engaged as a developer in the acquisition and improvement of restaurant properties. The Project to be financed in whole or part by the proposed commercial development revenue note will be new facilities containing retail rental space, anticipated to be used for a restaurant of approximately 7a person seating capacity, and consists of the construction and installation thereon of land, buildings and improvements from this date forth, and will result in the employment of fifty full or part - time people to work within the new facilities. (f) The City has been advised by representatives of Mogren that conventional, commercial financing to pay the capital cost of undertaking the Project is available only at such costs of borrowing that the economic feasibility of undertaking the Project would be reduced, and Mogren has also advised this Council that with the aid of municipal financing, and its resulting lower borrowing cost, the Project is economically enhanced. (g) First Corporate Services, Inc., Investment Bankers, Minneapolis, Minnesota, has advised that on the basis of information submitted to them and their discussions with representatives of Mogren, such note could in their opinion be issued and sold upon favorable rates and terms in the amount required. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Mogren that the City undertake to assist in financing the Project pursuant to Chapter 474, Minnesota Statutes, consisting of the acquisition, construction and installation of facilities within the City pursuant to Mogren specifications suitable for the operations described above, to be financed by the City pursuant to a loan agreement secured by a mortgage on Mogrens' property comprising the project and adjacent to it, upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, Exhibit E (Page 3 of 7) when due, the principal of and interest on`the proposed Revenue Note of the City in the total principal amount of approximately $350,000 to be issued to finance in part the acquisition, construction and installation of said Project, and the City hereby undertakes preliminarily to issue its Revenue Note in accordance with such terms and conditions. 2. On the basis of information available to this Council it appears, and the Council hereby finds that said Project constitutes property used or useful in con- nection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision 1(a) of Section 474.02 of the Minnesota Statutes, that the availability of the financing under the Act and willingness of the City to furnish such financing will be of substantial benefit to Mogren in completing the Project, and that the effect of the Project, if undertaken, will encourage economically sound development, will help to provide the range of services, including shopping center services, and employment opportunities required by the population of Maplewood, and will help to prevent the movement of talented' and educated persons out of state and to areas within the state where their services may not be as effectively used. 3. Said Project is hereby given preliminary approval by the City subject to the approval of the Project by the Commissioner of Securities and subject to final approval by this Council and Mogren of the Note to be issued and as to the ultimate details of financing the Project. 4. In accordance with Subdivision 7 of Section 474.01, Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the proposal for the above described Project to the Commissioner of Securities requesting his approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as he may require. Mogren has agreed and it is hereby determined that any and all cost incurred by the City in connection with the Project, whether or not approved by the Commissioner, will be paid by Mogren. 5. Briggs and Morgan, Professional Association, Saint Paul, Minnesota, Bond Counsel, is authorized, in consultation with First Corporate Services, the City Attorney Exhibit E (Page 4 of 7) and any other necessary parties to assist in the preparation and review of necessary documents relating - to the Project, and to consult with Mogren and any other involved parties as to the maturities, interest rates and other terms and Provisions of the Note and the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval. 6. .Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues thereof or the proceeds of the Revenue Note or other funds granted to the City for this purpose. The Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the Project and the revenue pledged to the payment thereof nor shall the City be subject to any liability thereon. The bondholders shall never have the right to compel any exercise of the taxing power of the City to pay the note or the interest thereon, nor to enforce payment thereof against any property of the City except the Project. The Note shall recite in substance that the Note, including interest thereon, is payable solely from the revenue pledged to the payment thereof. No Note issued hereunder shall constitute a debt of the City within the meaning of any constitutional or statutory limitation. 7. In anticipation of the approval by the Commissioner of Securities and the issuance of the Revenue Note to finance a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Mogren is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Note as Mogren considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Revenue Note, when and if delivered, but otherwise without liability on the part of the City. Adopted by the City Council of the City, of Maplewood, Minnesota this day of 1978. yor Attest: City Cler Exhibit E (Page 5 of 7) Mogren Landscaping Maplewood, Minnesota City of Maplewood Maplewood, Minnesota. 8K 05 RE: Mogren Project Gentlemen: As you know, we are embarking on a Restaurant Construction Project, the details of which are indicated in the summary description attached to this letter. Upon consulting with First Corporate Services, Inc., Investment Bankers, it appears desirable for us to ask your assistance in financing of the project through sale of a revenue note of the City. This procedure, which we understand to be at no cost nor risk to the City, would allow us to obtain financing at more favorable rates, and will allow the passing of such savings on to users of the Project. There are other traditional reasons why we believe you should take the minimum steps necessary to assist us in this request, and they are summarized in the preliminary resolution which has been prepared and reviewed by Briggs and Morgan, bond counsel, and First Corporate Services, Inc. We hereby confirm our representation that we have no present binding financing commitment, no general contract, nor any legal obligation to undertake and finish the proposed project, and it is not certain the Project would be completed without the assistance requested herein. We respectfully request approval of the draft resolution. Upon such approval, you have our commitment as to the following preliminary details: I. Mogren Landscaping, a Minnesota Partnership, (hereinafter called "Mogren ") shall provide for the construction, acquisi- tion and installation of such facilities Exhibit E (Page 6 of 7) (hereinafter called "Project ") at its Maplewood location as Mogren deems necessary for the purpose of meeting its Project plans. 2. In the event that Mogren shall determine that adequate long term private financing is not reasonably available for said Project, Mogren shall request the City of Maplewood to issue a Commercial Development Revenue Note of the City in a total amount of approximately $350,000, provided that the following conditions are met: (a) That the Project be approved by the Commissioner of Securities. (b) That the details of said financing and the security for the same be subject to final approval by the City Council and of Mogren, which approvals shall not be unreasonably withheld by the City Council or Mogren. 3. Mogren shall pay any and all costs incurred by the City in connection with the Project whether or not the Project is completed and whether or not the Project is ultimately financed by a Revenue Note of the City. MOGREN LANDSCAPING STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD Exhibit E (Page 7 of 7) I, the undersigned, being the duly qualified and acting Clerk of the City of Maplwood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the thereof on file in my office, and that the same is a full, true,and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to a resolution giving preliminary approval to a commercial development project. WITNESS my hand and the seal of said City this day of , 1978. (Seal) City Clerc . October 16, 1978 MEMORANDUM TO: Mayor and City Council FROM: Acting City Manager, Richard Schaller SUBJECT: 1979 Budget Ammendment We have received an offer of a donation of $5,400.00 from the Maplewood Lion's Club for the addition of another canine team to the Police Department. This addition would involve no new employees. The offer came to us too late for inclusion in the regular budget procedure. The total cost for this project is listed below: Vehicle and Paint $2,000.00 Visibar 325.00 Opticom 1,000.00 Radio 2,000,00 Radio Maintenance & Installation 200.00 Miscellaneous Supplies 100.00 Kennel and Doghouse 600.00 Incentive Pay (85.00 x 12) 1,020.00 Maintenance Allowance (32.50 x 12) 390.00 Vehicle Insurance 598.00 Total Cost 7 ,�L Lion's Contribution _ 5,400.00 City's Portion TT, =.= e mends that the offer of the Maplewood Lion's Club be accepted and that $2,275.00 be transferred from the con- tingency fund to the Public Safety budget to defray the city's portion of the cost. Action Y;y r Roj September 28, 1978 MEMORANDUM TO: Chief Schaller FROM: Lt. Delmont SUBJECT: Canine Proposal Attached please find the minimum costs involved in starting up a second canine team. It is stressed that these figures represent the very minimum for start up, and do not include the continuing costs such as the $32.00 allowance, $85.00 incentive pay, insurance, and vehicle maintenance, etc. (1) Vehicle $1700.00 Total cost (2), Visibar 325.00 involved - (3) Opticom 1000.00 $5425.00 - (4) Screen -0- (5) Radio 2000.00 (6) Misc. Supplies 100.00 (7) Dog -0- (8) Kennel and House 300.00 (9) Training -0- (1) Vehicle is present 9902. Figure represents anticipated sale price of-vehicle and paint and shields. (2) - - - (3) - - - (4) Screen is available from Roseville Police Department. Their handler now uses a truck, and sedan screen cannot be used. (5) VHF 12 Channel radio. (6) Includes blankets, gloves, fire extinguisher, etc. (7) We presently have offers for 3 dogs. (8) Fencing available free from Arts Tow. Cement work available free. Cost is for cement and house. (9) St. Paul P.D. anticipates their 1st Federally funded School will start in October, 1979 at their Maplewood facility. DJD:db 1111... ,, - _. . . . ...11.1.1_ 1111 1111,.. 1111,_.,_