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HomeMy WebLinkAbout06-04-1970AGENDA Maplewood Village Council 7:30 P.0, Thureday, Juno 49 1970 Council Chambers, Municipal Administration Building Meeting Mo. 70 - 33 CALL TO ORDER B) ROLL CALL IQ APPROVAL OF MINUTES 1. Minutes No. 10 (May 7, 1,70) 2. Minutes No. 12 (May 219 1970) Pu----;JITC HEARiN7S 1. Kohlraa-i Lane - Sanitary Sower improvoment AWASDING OF B.Q.S - None APPROUL CT AIWOnS 11 County Engineer (Deene Aqklin) - ByWe QW: 2. Othaa UNFINISHED BU! INE-SS U Rozonlig Request (R-1 to R-2) - Bradley Strok.: (Barna:d J. Tschida, Applicant)-- ---------- 2. Bar t0y Lanes Assessments - ReconsiAeration ,-. & Final Plat - Metnorlin Subdivision Q Ramsey County Reorganization - Resol Won 51 Selection of Architect - Proposed park shn; Ler 6. Petitici - Bus Route (Harvu2tpr - fe,n0le W•ale) I NEN B rSI14ESS 1. Building Permits a� 2305 Stillwater Road - Addition to liquor store b. 2370 English - Storage buildi)g 2. Block Lance Permit - 1756 Onacrest Carve 3. icbiie Home Salas License - Beaver Like Estates 4. Street Improvement Petition - Burke Street (Prosperity to White Bear) 5. Prel.in9nary Plan - Lot 1, Block 5, S-.ith and Taylor's Addition 6. Excavah.on Permit -. Shlornka Site 7. Aareemc.: tsa a. Minnesota Hio +,way Department Interchange or T.H. 36 and T.3.61) be Metropolitan Sewer Board (Sera.ge disposal) B. MiuniciFal Building Iaprovements 9. Appoinlme. *it - Battle Creek Ccmnissio 10. Accounts Payable - Publication 11. Cope A. snue - White Bear Intersectio 12. NarLa: _ - !1;h °_te Bear Avenue (Frost t T.H.36) 2. Council ADr LPITSTRATI `E PRESFNTATIONIS ADDENDUM TO THE AGIZNDA. Meeting No, 70 - 13 1 T E M D -1 The project was petitioned by property owners in the area (Kohlman, Keller Parkway - Meadowlark Lane). To date vie have received one written objection to the project. H -1 The Planning Commission joined the staff in recorm-nending.denial of this regL.ested rezoning to alloy -tile construction of a duplex south of Count; Road B on Bradley. The lot in question is surrounded by R -1 zoning and due to its size would constitute "Spot zoning ". In addition the lot is � so surrounded by single- family dwellings or vacant lead. The staff report was included with the May 18 Planning Commission agenda. H -2 Mr. Anderson called me after the last Council meeting, and vie discussed the figures 1 presented at tt'.e last meeting. He left me with the impression that he would come to Village Hall to check our records, but he has yet to appear. The Council has taken no final action itt this matter except to as':: fCi' reports; therefore., formal action i;, not requir<d. As was stated at the last meeting, the Sta'_'T found the assessments to be confusing but correct. The descript'.ons of two of the assessed properties viere reversed; hov;evtr, tile- renlating of the area will result `.n a correcti.on of this error. The assessments themselves are correct and are as follovrs: Water (Bartelmy Lane) $2.,052.64 Sewer (Stillwater -• Hai:veste ; ?) 1;725.50 Water (Stillwater) 594.00 Sevier (Harvester) 708.41 $5,0,080 55 The Bartt�lmy Lane water line ijas assessed and the assessments for the othoi projects were deferred. H -3 Approval of the plat viith several cortd:aions is recommend -d (see enclosed staff report).. Staff recor::n'!cnds that the subdrv_ders only assume the costs on "Toyer Road" which would be expected of a' resident'al street. There is also a cuestion of Which loin are to be developed first. There is also a possibility that the Council might be asked to vary from established policy by allowing improve ments to be made on an assessment basis; rather than by the sut- divider. we strongly recc..n ;and that c-?esent policy be follrnad. H -4 You rece.ved a copy of the d1'ast resol.ition at your last meeting., H•_5 Staff rel :onsnends selection of Prcgrese`_ve Design Associates of St. Pal,0. as architects for thi piopcse l pea" shelter in the tippe_ ia.. Alton are a. Tile Park anc! Recz'ed'10['. �'Jf!lff; SlUil [GeetS next 1910i1Ud}= If you yr sh, approval ma,1 be Gonditi One it Ctl the Com.fli S Sion fa'iorabla for this Droj SC [ recUrriu ?enl'ation. $14,000. is included '.n tha AUcig ''L ,. H -6 At the last meeting I mentioned that we had received a petition requesting the re- establishment of the Ferndale- Liievale- Harvester bus turn - around. The turn - around was relocated to the East County Line fire station due to the quality of the roads in that area. The roadways are not of the quatity,to stand the bus 'traffic. Enclosed 'is a letter from Lyn Gerber, Superintendent o" Schedules for Twin City Lines, in which tie indicE.tes that his company does not plan to re- establish the old turn - ::round. I -1 Both prop)sed buildingsmeet Village coc:es and are recommended for approval. It is, however I recommended the approval of the storage building ;Truck Utilities) be conditioned upon removal of the junk vehicles and vehicle parts now located on the property. I -2 Gerald Schauer (1786 Cnacrest Curve) has requested permission to hold a street dance on June 20 from 9:00 P.M. to Midnight. I -3 The owners of the Beaver Lake Estates have requested a new and used mobile hcrae sales license for their mo;,ile home park. The area is zoned ivadustrial (vrhich allows such commercial uses) but the mobile hcrepark was allowed by special use permit which, in essence, established the area as residential. 'he permit did allow sales and storage on the southe!est corner of the permit area until 'the fall of 1969. The staff feel that the license should be issued with the following conditions: 1. No more than ten (10) mobile home units (new, used or any combination thereof) may be displayed for sale at any one time, 2. i:he display units are only to be located on individual lots, 3. Signs advertising the sales o- mobile homes may be located only on the lot on which the c!isplay unit is located and :.lay not exceed two square fee' .in area. 4. ido pennants or banners may be used. 5. mobile homes of over five (5) years of age may not be sold or displayed for sale. I -4 A feasibility study should be ordered for this project. I -5 A Ietter From the applicant (Rothschild Development Co.) concerning the plat :vas enclosed with the Planning Commission agenda of June l� the applicant asks approval o; a preliminary plat. Such approval_ _ °quires a variants from sect'.on 905.030 of the Village Code which requires 12,000 square feet for a duplex. The area (Cope, Flandrau, White Bear) is zoned R -2. The applicants are askira that 'the plat be approved with five lo':s containing less than 10500(, square fc.)t. The staff recomd:ends app:oval of the plat and feels tta variance request is reasonable.. The Planning Commission recommends denial or 'the plat on the basis that t-ie variance request is for toc large a variation from the intent of t. :e zoning ordinance and ls, therefor -, unreasonable. 1­6 This request for an excavation permit is for undeveloped land south of Carver which is completely isolated. The staff feels that such excavation should not be allowed prior to the establishment of firm plans for the area which will assure proper drainage for future streets and development. Denial of the permit is recomm: =nded. If approval is given t0 'the request, the applicant should be required to haul off junk materials prior to excavating (to protect against the simple burying of the material on the land). I -7a The State Highvlay Department has submitted a contract which mould permit th) State to relocate the Villace sewer line on the frontage road in f ont of Perkin's Pancake House. The agreement provides that all .:osts incurred by the state in the relocation plus 6 for engineering be paid by the Village. The estimated cost of the project ie: $4,195.15 (includes 64J engirveering). The only alternative available to the Village would be to relocate the lines (by contract) ourselves. Staff can see little to be gained by this and would recommend approval of the agreement. I -7b The hle'tro)olitan Sewer Board is requesting the passage of the enclosed resolution which agrees that Maplewood will continue to make use 3f the 1inneapoli_s- St. Paul Sanitary District sewage v!orks be,. ean A,gus't 1, 1970 and December 31. 1970 (when the Sesver.Board will take over the facilities) as provided by existing agreements. We recommend signing of the agreement with a clarification which indicates the most recent rate agreemert with St. Paul. I -S Vie would like authority to prepare &LtAled plans and specifications for the r modeling of the second and third floors of the municipal building. The improvements include adcitional offices for the Fecreatio!: Diaaotor (second floor) and for the Clerk of Courts (third floor), moving the counter area in the Village Clerk's area, the addition of several partitions in the tillage Clerk's area and several ocher minor changes. A drawinc of tKe plan will be provided $155000. is budgeted for im=provements v,'rich were to include the first floor; ho-wever, we feel it may be possible to get up to 50 of the co:,t of this improvement througY the Omnibus Cz•ime Control and Safe :streets Act of 1960. Therefor �, at this time we are 'o ily asking authority to prepare specifications for the second .=r,d third floors. :'t should be noted that these plans still leave the Village staff croi;ded for space. For this reason we have attempted to. keep the impro-ernent limited -to immediate needs. In the not -toc- distant future, tle Village will need to consic�r expansion of the building itself. I -9 An appoin' meat to the Bantle Creel: Comr.`.ssion should be made. Enclo -ed is a copy of the rel_ort of the Ad Hoc Camanittec. I -10 We have b:en studying whether or not w!_ should be publishing our accounts 1,ayable with our minutes. Thlz; practice was terminated in 1967. At that time the Public Exami or evidently informed Villag: officials that the publication was not necessary. If the Council wishes to have there published in detail vae can do so. I -11 The Council has determined that Cope Avenue should be improved west of :'kite Bear Avenue. Since that decision was made an apartment development of over 90 units has been approved to the east of White Bear. This raises the question of should Cope be developed east to Van Dyke where the apartments are to be constructed. I -12 It was suggested at the last Council muting that parking on White Bear Avenue (from T.H.36 to Frost) should be restricted. We would :ecommend that the County be requested to do so. OTHER I have just been informed that the County Engineer will be unable �� to attend the meeting, We will try to reschedule his appearance. Minutes of Maplewood Village Council 7:30 P.M., Thursday, June 4, 1970 Council Chambers, Municipal Administration Building Meeting No. 70 - 13 CALL TO ORDER A regular meeting of the Village Council of Maplewood, Minnesota was held in the Council Chambers, Muncipal Building and was called to order at 7:35 P.M. by Mayor Axdahl. B. ROLL Lester G. Axdahl, Mayor Present John C. Greavu, Councilman Present Harald L. Haugan, Councilman Present Patricia L. Olson, Councilwoman Present Donald J. Wiegert, Councilman Present C. APPROVAL OF MINUTES 1. May 7, 1970- Minutes No. 10 Councilwoman Olson moved to postpone the minutes of f4ay 7, 1970 until the next reqular meeting in order for Staff to check out Seconded by Councilman Haugan. Ayes - all. 2. Minutes No. 12 (May 21, 1970) Councilman Greavu moved to approve Minutes No. 70 -12 (May 21, 1970) as corrected: Page 4 - Item G, 2 -C, Ramsey County Board Page 7 - 2 -b. Add: regarding the Bartelmy Acres Addition Assessments. Seconded by Councilman Wiegert. Ayes - all. D. PUBLIC HEARINGS 1. Kohlman Lane - Sanitary Sewer Improvement a. Mayor Axdahl convened the meeting for a public hearing regarding the construction of Sanitary Sewer Mains, service connections, etc. in the area described as Kohlman Lane Area northeast of Keller Parkway. The Clerk read the notice of hearing, along with the Publication dates. - 1 - 6 -4 b. Consulting Engineer Ed Kishel from the firm of Bettenburg, Townsend, Stolte and Comb explained the specifics, in detail of the proposed improvements. c. A resident of Little Canada questioned if they could hook up to the Maplewood Sewer and how would they be assessed. Mayor Axdahl stated this would have to be negotiated be- tween the two Villages. d. Jack Anderson, 2878 Meadowlark Lane stated he could not see why the most easterly section (from Beam Avenue South) of the proposed sewer main should be built, he owns the property and does not intend to ever have a use for the sewer main. Mr. Etter stated he had no objections to the sewer main (going east -west) on his property to serve his back 23 acres and requested the Council to make a study of his property east of the last section of sewer main to de- termine if his 2'z acres is buildable. Whether it is buildable or not would be determined by the Engineering Department. e. Mayor Axdahl called for formal objections. The following objectors were heard: Paul Fishbach, 2617 Southlawn Drive Mrs. Harold Kohlman (Received in writing) 900 Kohlman Lane. f. Councilman Wiegert moved to ac ce t the project, order final plans and the taff discuss with Litt e Canada the possibility of ioining_ Maplewood in constructing a sewer main on Beam Avenue from Kohlman Lane East. Seconded by Councilman Greavu. Ayes - all. g. Councilman Wiegert introduced the following resolution and moved its adoption: 70 -6 -71 WHEREAS, after due notice of public hearing on the construction of Sanitary Sewer extension, service connections, appurtenances and necessary street reconstruction on Kohlman Lane a hearing on said improvement in accordance with the notice duly given was duly held on June 4, 1970, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; - 2 - 6 -4 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, AS Follows: 1. That it is advisable, expedient, and necessary that the Village of Maplewood construct Sanitary Sewer Extension, service connections, appurtenances and necessary street reconstruction on Kohlman Lane as described in the notice of hearing thereon, and orders the same to be made. 2. That the Engineering Firm of Bettenburg, Townsend, Stolte and Comb, Inc. is designated Engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. This improvement is hereby designated to be Number 69 -15. Seconded by Councilman Greavu. Ayes - all. F. APPROVAL OF ACCOUNTS Councilman Greavu moved that the accounts in the amount of $60,423.73 (Part I, Fees, Services, Expenses, Check No. 9845 through Check No. 9930, $44 181.86 Part II Payroll Check No. 555 through Check No. 621, $16,241.8 be paid. Seconded by Councilman Haugan. Ayes - all. G. VISITOR PRESENTATIONS 1. Mr. Paul Nachtsheim, 3104 Edgerton stated that in the neighbor dispute between Mr. Hopkins and his daughter, Mrs. Wilson regarding property lines, it has developed to the point that the Police Department have been called several times. Mr. Milner, Registered Land Surveyor who surveyed the Wilson property presented Council with a survey dated May 18, 1970. He stated that there are plat dimension differences between White Bear Avenue and Hazelwood Street. The Smith and Taylor Addition should have been sur- veyed each time a lot was sold off. He further stated that the plot should be corrected. The County Auditor's office could prepare an Auditor's Plat which would eliminate the difficulties that have and could occurr in this area. Council directed the Staff to seek a reasonable solution to the Smith and Taylor's Addition Plat plus an overall look at the problem of preserving monuments. The matter of the neighbors dispute over the boundary lines is a civil matter and not a matter for the Council. Council also instruc- ted the Manager to send the Police Chief out to talk with both parties involved. - 3 - 6 -4 H. UNFINISHED BUSINESS 1. Rezoning Request (R -1 to R -2) Bradley Street (Bernard J. Tschida, Applicant). a. The Public Hearing on the zone change request of Bernard Tschida from R -1 to R -2 on his property legally described as the South 132 feet of the North 112 of of the NW 1/4 of the NE 1/4 of the NW 1/4 of Section 17, Township 29, Range 22 was held May 21, 1970 with the Council's decision delayed until the next regular meeting to allow one week additional written testimony to be filed. There was no opposition to the rezoning. b. Following Council discussion, Councilwoman Olson moved that the rezoning from R -1 to R -2 on the request of Bernard J. Tschida Seconded by Councilman Greavu Ayes - Mayor Axdahl, Councilwoman Olson, Councilmen Greavu and Wiegert. Nay - Councilman Haugan c. Mayor Axdahl introduced the following Ordinance and moved its adoption: (First Reading granting approval of rezoning - Bernard J. Tschida) ORDINANCE NO. 267 APPROVAL OF ZONE CHANGE R -1 to R -2, Bernard J. Tschida Seconded by Councilwoman Olson. Ayes - all. 2. Bartelmy Lanes Assessments - Reconsideration a. Councilwoman Olson moved to rescind the action regardi cancellation of a water assessment of $860.00, if it i in fact in the minutes against the Bartelmv Lane Prnne Seconded by Councilman Haugan. Ayes - all. b. Councilwoman Olson stated that if the break, down of the assessments against Mr. Dale Anderson's Bartelmy Lane property is as the Staff presented this evening, she requested a resolution giving details of the assessments against each property and have everything defined. c. Councilwoman Olson moved that a certified copy of this resolution be forwarded to Mr. Anderson and, introduced the following resolutio and moved its adoption: 70 -6 -72 WHEREAS, the following list of assessments against Mr. Dale Anderson's Property is as follows: - 4 - 6 -4 Part Wly of Harvester Avenue Lot 5, Block 3 Bartelmy Acres Sanitary Sewer Improvement No. 1 assessed in 1959 (along Stillwater and Harvester) 290 feet frontage - $1,725.50 deferred Water Improvement No. 1 assessed in 1962 (along Stillwater) 120 ft. frontage - $594.00 deferred. (The legal description on the original Water Improvement assessement roll recorded in the County Auditor's Office reads - Lot 5, Block 8 Bartelmy Acres 2nd addition. This legal is in error.) Lot 5, Block 8 Bartelmy Acres 2nd Addition Sanitary Sewer Imp. No.l assessed in 1959 (along Harvester) 119.06 ft. frontage - $708.41 deferred. Water Improvement No. 5 (Along Bartelmy Lane) Assessed in 1966 - $2600.00 Balance of 1970 - 2052.64 (The legal description on the original Water Improvement assessment roll at the County Auditors Office reads - Part Wly of Harvester Avenue, Lot 5, Block 3, Bartelmy Acres. This legal is in error) NOW, THEREFORE, BE IT RESOLVED, THAT according to the records in the Village Offices, these amounts of assessments against each property are correct. Seconded by Councilman Haugan. Ayes - all. 3. Netnorlin Subdivision - Final Plat a. Manager Miller presented the final plat of the Netnorlin Subdivision and recommended approval subject to several conditions. b. Administrator Saida presented the Staff Report and read Section 1007.020 of the Maplewood Code regarding regulations of land improvements and construction of the land and streets before final plat is executed. Many of the regulations have not been met by the developers. - 5 - 6 -4 0 c. Mr. Jerrald Lindahl, one of the developers, stated that the Ordinance reads also that 60' is required for a Village street but they were asked to dedicate larger amounts of land for Lydia, Tower Road and McKnight Road; there is no quarrel dedicating the north cul de sac to the Village. It was agreed that since such amount of land would be dedicated for the streets that additional land would not be required for park and recreation, the developers strongly object to depositing escrow funds for sewer and water on a road (Tower Road) that won't be constructed for sometime. d. Mr. Nettleton, one of the developers, stated he wished that at the time Lydia Avenue is constructed, Furness Court, 250' north from Lydia to cut de sac be constructed and assessed at the same time. Mr. Lindahl requested approval to sell the 5 lots on Lydia to provide them monies to deposit into escrow for Furness cul de sac. e. After further discussion, Councilman Haugan moved approval of the entire Netnorlin Plat in two additions with the condition that no improvements on Furness Court will be made until escrow funds are deposited and allowing the lots on Lydia to be sold and a further stipulation that the Tower Road easements, in the second addition, be an "roved by the developers and the lots not be developed until lst Addition is completed. Lot 20 be an exception and the lots on the Furness court cul de sac be consecu- tively numbered. Seconded by Councilman wiegert. Ayes - all. The developers questioned what procedure to follow now. The Staff will line the plat in two additions and will then contact Mr. Nettleton. The Staff will also research the matter of assessments on land dedicated to the Village for roadways. Mayor Axdahl called a ten minute recess. Mayor Axdahl reconvened the meeting at 10:29 P.M. Ramsey County Reorganization Resolutions a. Manager Miller presented the resolution for Council approval. - 6 - b, Councilman Wiegert introduced the following resolution and moved its adoption: 70 -6 -73 WHEREAS, a commission has been created by the Legislature of the State of Minnesota to study and consider the structure and organization of Ramsey County Government; and WHEREAS, H. F. 499 (66th Session) which creates said Commission lists a number of subjects to be studied; and WHEREAS, the Village of Maplewood is a municipality located in Ramsey County and is executing or is affected by functions to be studied; THEREFORE, BE IT RESOLVED, that the Council of Maplewood desires to present its views and comments concerning the points presented for consideration in said H. F. 499 and that said views and comments are adopted as attached hereto. Seconded by Councilman Greavu. Ayes - Mayor Axdahl Councilmen Greavu and Wiegert. Councilwoman Olson and Councilman Haugan abstained. Council instructed Staff to forward resolution to the proper sub - committee studying the Ramsey County Government. Council- woman Olson requested her abstaining from voting be forwarded also. 5. Selection of Architect - Proposed Park Shelter a. Manager Miller presented Staff recommendation that Progressive Design Architects be selected as architects for the designing of the park shelter in the Upper Afton Area. b. Mayor Axdahl questioned what is available in buildings already constructed and what could be ordered "out of a catalog." Recreation Director Joyce stated he was not aware of many such buildings available. Mr. Joyce stated he wished to have a unique building design to carry through all future recreation buildings. c. Councilman Wiegert moved to select Progressive Design Associates as Architects of the park shelter in the Upper Afton area subject to a favorable recommendation by the Parks and Recreation Commission. Seconded by Councilman Greavu. Ayes - all. 6. Petition - Bus Route (Harvester - Ferndale- Midvale) a. Manager Miller stated he had received a petition from approximately 55 residents in the Harvester-Ferndale- Midvale Place area requesting that the bus route be returned. Fir. Miller forwarded the petition to the Twin City Lines, Inc. - 7 - 6 -4 0 b. Mr. Lyn R. Gerber, Superintendent of Schedules of the Twin City Lines, Inc. replied stating if a choice of routes is to be made at this time, his support would be directed to the Harvester Route based solely on the number of residents. c. After further discussion, Councilwoman Olson moved that the bus company be contacted to find out the possibility of the bus route being on Stillwater Road to Hwy. 120; Hwy 120 to Harvester Avenue; Harvester Avenue to Ferndale Street; Ferndale Street to Stillwater Road. Seconded by Councilman Greavu. Ayes - all. NEW BUSINESS 1. Building Permits a. 2305 Stillwater Road - Addition to Liquor Store. 1. Administrator Seida presented a request from Sarrack Liquor Store to build an addition of 20 ft. by 37 ft. The addition meets the Village Building Codes and approval is recommended. 2. Councilman Greavu moved approval of the addition to Sarrack's Liquor Store subject to Staff approval and Th at tha huildina Hermit be obtained within a 30 day Seconded by Councilman Wiegert. Ayes - all. b. 2370 English Street - Storage Building 1. Administrator Seida presented building plans to construct a 3 sided storage buildina,sloped roofed,open front at 2370 English Street for Truck Utilities, Inc. and recomm- ended approval subject to conditions. 2. Following discussion, Councilman Wiegert moved approva the request of Truck Utilities to construct a storage ui no su .iect to the fO110winq conditions: 1. The building should have a solid front for closing and locking. 2. Removal of junk vehicles and vehicle parts and "police" up the area. 3. Place some method of screening along Highway 36. 4. Obtain building permit within 60 days or permit will be null and void. 5. Replace existing sign at English and T.H. 36. Seconded by Councilwoman Olson. Ayes - all. - 8 - 6 -4 2. Block Dance Permit - 1786 Onacrest Curve a. Manager Miller presented a request from Mr. Gerald Schauer, 1786 Onacrest Curve to hold a street dance on Onacrest Curve on June 20, 1970 from 9:00 P.M. to Midnight. Mr. Schauer will make arrangements for barricades and street cleaning with the Village Street Department. b. Councilman Haugan moved the approval of a Street Dance Permit June 20 1970 9:00 P.M. to Midnight for Mr. Gerald Schauer. Seconded by Councilman Greavu. Ayes - all. 3. Mobile Home Sales License - Beaver Lake Estates. a. Manager Miller presented a request from Beaver Lake Estates Sales for a new and used mobile home sales license for the Mobile Home Park located at 2425 E. Maryland Avenue. Beaver Lake Estates was issued a Special Use Permit allowing the development of a Mobile Home Park. b. Councilwoman Olson moved to deny the license request on the basis that this was a residential area. Seconded by Councilman Haugan. Ayes - Mayor Axdahl, Councilwoman Olson, Councilman Haugan. Hay - Councilmen Greavu and Wiegert. 4. Street Improvement Petition - Burke Street (Prosperity Road to White Bear Avenue) a. Manager Miller presented a petition to improve Burke Street from Prosperity Road to White Bear Avenue, by construction of a paved roadway with curb and gutter. The petition has been reviewed and found to be in order. b. Councilman Greavu introduced the following resolution and moved its ado tion: accepting petition and call for feasibility Stu y 70 -6 -74 WHEREAS, a certain petition has been received by the Village Council for the improvement of the following described area: - 9 - 6 -4 Burke Avenue from Prosperity Road to White Bear Avenue By construction of a paved Roadway with curb and gutter; and WHEREAS, the said petition has been declared to be signed by the required percentage of owners of property affected thereby; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition as hereinbefore described is hereby referred to the Village Engineer, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improve- ment is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Councilman Haugan. Ayes - all. 5. Preliminary Plan - Lot 1, Block 5, Smith and Taylor's Addition to Gladstone. a. Administrator Seida presented a request from Rothschild Development Company to approve the preliminary plat with five of the lots containing less than 10,000 square feet. Section 905.030 of the Village Code requires 12,000 square feet for a duplex. The area (Cope, Flandrau, White Bear) is zoned R -2. b. The Planning Commission recommends denial of the plat on the basis that the variance request is far too large a variation from the intent of the zoning, ordinance and is, therefore, unreasonable. c. Denis Dailey, representing Rothschild Development Co., Inc. spoke on behalf of the requested variance. d. Councilwoman Olson moved to accept the Planning Commission's recommendation and deny the variance request. Seconded by Councilman Haugan 6. Excavation Permit - Schlomka Site Ayes - Mayor Axdahl, Councilwoman Olson and Councilman Haugan. Nays- Councilmen Greavu and Wiegert. a. Manager Miller presented a request for excavation permit for undeveloped land south of Carver known as the Schlomka property. The permit would permit the excavating of gravel to be sold. - 10 - 6 -4 b. Administrator Seida presented Staff Report with several stipulations that are recommended before approval is granted. c. Councilman Wiegert moved approval of the excavation permit subject to the following Staff conditions: No excavation shall be permitted to at a level lower than any stream level traversing or adjoining the property. 2. The site shall be left in such a condition after mining operations that it can be used for purposes authorized in the zone in which it is located. The Planning Office shall determine the final suitability of the site rehabilitation. This rehabilitation may not be necessary if the site is sold to a public agency for sanitary land fill purposes. In this latter case the operator must leave the area in conformance with all other conditions specified herein. 3. All equipment used for the production of rock, sand, earth or gravel shall be constructed, maintained, and operated in such a manner as to eliminate, as far as is practicable, noise vibration, or dust which are injurious or substantially annoying to persons living in the vicinity. 4. Production or processing of rock, sand or gravel shall not be conducted closer than 50 feet to the boundary of any zone where such operations are not permitted, nor shall such production or processing be conducted closer than 50 feet to the boundary of an adjoining property line, unless the written consent of the owner of such adjoining property is first secured. Rock, sand, earth or gravel excavating shall not be conducted closer than 50 feet to the right -of -way line of any existing or platted street, road, or highway. 5. All buildings, structures,and plants used for the pro- duction or processing of rock, sand, earth or gravel shall be maintained in such a manner as to assure that such buildings, structures, and plants will not become dangerously dilapidated. Within a period of six months after the termination of a rock, sand, earch or gravel operation, or within six months after the abandonment of such operations, all buildings, structures, and plants incidental to such operation shall be dismantled and removed by and at the expense of the operator last operating such buildings, -11 - 6 -4 structures, and plants, except that such buildings, structures, and plats need not be dismantled and re- moved so long as they may be legally used for the production or processing of rock, sand or gravel or for some other purpose permitted in the zone in which they are located. In any "dry -pit" rock, sand, earth or gravel operations, the operations shall be conducted so that the exca- vated area will not collect or permit stagnant water to remain. In addition, the sand and gravel shall be excavated in such a manner as to leave an adequate amount of material to provide a water- bearing stratum for any existing ground water. No operation shall accumulate or discharge beyond the property lines any waste matter. The following requirements shall be met: The graded or back - filled area shal stagnant water to collect or remain The finished topography and surface filled area shall be in substantial with the surrounding area. The finished final condition of the in accordance with the filed plan. not permit therein. of the conformance area shall be Every operator before commencing operations within any dis- trict shall be insured to the extent of $100,000 against liability in tort arising from production, activities, or operations incidental thereto conducted or carried on under or by virtue of any law or ordinance or condition imposed by these regulations, and such insurance shall be kept in full force and effect during the period of such operations. 10. Permitees shall be required to post a renewable corporate surety bond to secure the faithful performance of and compliance with all applicable performance standards set forth in the permit. Said bond shall be in an amount equal to $700 Multiplied by the number of acres actually utilized for rock, sand and earth or gravel quarrying or production facilities at any particular time but in no event shall be less than $5,000. The bond shall be adjusted from time to time in the following events: A. As areas which have previously been utilized under the permit cease to be used for such purposes and are pre- pared for reuse, they will be deleted from the area to be covered by the bond. - 12 - 6 -4 11. This permit shall be valid for a period of one year from the date of adoption. 12. This permit shall be applicable to and binding upon all present and future owners of the pro- perty so long as it is in effect as set forth above. 13. Nothing in this permit is intended to superceed the authority of any State, County or local agency charged with protecting the health, safety or general welfare of the public. 14. Remove allexisting junked autos and parts thereof from the Village of Maplewood; 15. Finish grade and seed the excavated area when completed to avoid erosion, and maintain amenities of the area. Seconded by Councilman Greavu. 7. Agreements Ayes - all. a. Minnesota Highway Department (Interchange of T.H. 36 and T.H. 61) Manger Miller stated that the State Highway Department has submitted a contract which would permit the State to relocate the Village sewer line on the frontage road in front of Perkin's Pancake House. The agreement provides that all costs incurred by the State in the relocation plus 6% for engineering be paid by the Village. The estimated cost of the project is $4,195.15 (includes 6% engineering). The only alternative available to the Village would be to relocate the lines (by contract) our- selves. Staff can see little to be gained by this and would recommend approval of the agreement. 2. Councilman Wiegert introduced the following resolution moved its adoption: 70 -6 -75 WHEREAS, the State of Minnesota has prepared an agreement with the Village of Maplewood concerning Adjustment of Village owners and operated utility facilities within limits of construction to be done in vicinity of interchange of Trunk Highway 36 and Trunk Highway 61; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF MAPLEWOOD, MINNESOTA, that said agreement No. 56497 be accepted as written. Seconded by Councilman Greavu. Ayes - all. - 13 - 6 -4 b. Metropolitan Sewer Board (Sewage Disposal) 1. Manager Miller stated that the Metropolitan Sewer Board is requesting the passage of a resolution which agrees that Maplewood will continue to make use of the Minneapolis -St. Paul Sanitary District sewage works between August 1, 1970 and December 31, 1970 (when the Sewer Board will take over the facilities) as provided by existing agreements. We recommend signing of the . agreement with a clarification which indicates the most recent rate agreement with St. Paul. 2. Councilman Greavu introduced the following resolution and moved its adoption: 70 -6 -76 RESOLUTION AUTHORIZING, CONTINUED PAYMENTS TO ST. PAUL FOR USE OF MINNEAPOLIS -ST. PAUL SANITARY DISTRICT SEWERAGE WORKS WHEREAS, the Village has entered into an agreement dated May 7,1970, with St. Paul, whereby St. Paul has agreed to make certain of its sewers and its capacity in the Minneapolis - St. Paul Sanitary District dewerage works available for use by the Village, and the Village has agreed to pay for such use; and WHEREAS, St. Paul is required each year to pay a share of the costs of the Minneapolis -St. Paul Sanitary District for its sewerage works and their operation and maintenance in accordance with the budget adopted by the Sanitary District Board; and WHEREAS, on August 1, 1970 the District, and all of its property and contract rights, including the obligations of Minneapolis and St. Paul to make payments to the District in accordance with its 1970 Budget, will be taken over, acquired and assumed by the Metropolitan Sewer Board pursuant to Minnesota Laws 1969, Chapter 449, Section 5; and WHEREAS, Minneapolis and St. Paul will be required by the Metropolitan Sewer Board to continue to fund the Sanitary District 1970 budget and to provide funds for payment of debt service in 1970 on bonds issued for Sanitary District sewerage works to be assumed by the Sewer Board; NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Maplewood, Minnesota, (1) that the Village will continue to make use of the Minneapolis -St. Paul Sanitary- District sewerage works between August 1, 1970 and December 31, 1970, and that the Village will continue to pay St. Paul therefore as provided in said agreement dated May 7, 1970, and any agreements amenda- roy thereof or supplemental thereto. (2) All rates charged on the basis of this approval shall be subject to the terms and conditions of the Sewer Service Agreement executed between the City of St. Paul and the Village of Maplewood on the 7th day of May, 1970. - 14 - 6 -4 Seconded by Councilman Haugan. Ayes - all. 8. Municipal Building Improvements a. Manager Miller stated that the Staff would like authority to prepare detailed plans and specifications for the remodeling of the second and third floors of the municipal building. The improvements include additional offices for the Recreation Director (second floor) and for the Clerk of Courts (third floor), moving the counter area in the Village Clerk's area, the addition of several partitions in the Village Clerks' area and several other minor changes. A drawing of the plan will be provided $15,000, is budgeted for improvements which were to include the first floor; however, we feel it may be possible to get up to 50% of the cost of this improvement through the Omnibus Crime Control and Safe Streets Act of 1968. Therefore, at this time we are only asking authority to prepare to prepare specifications for the second and third floors. It should be noted that these plans still leave the Village Staff crowded for space. For this reason we have attempted to keep the improvement limited to immediate needs. In the not - too - distant future, the Village will need to consider expansion of the building itself. b. Councilman Greavu moved to rant staff approval to prepare plans and specifications for the remodeling of the second an t it floors of the funicipal Building. Seconded by Councilman Wiegert. Ayes - all. 9. Appointment- Battle Creek Commission a. Manager Miller stated he had received a request from the Battle Creek Committee for Council to appoint a member to the Battle Creek Commission. b. Councilman Haugan moved to appoint Councilman Greavu as a member to the Battle Creek Commission. Seconded by Councilwoman Olson. Ayes - all. 10. Accounts Payable - Publication a. Manager Miller stated he has been studying whether or not we should be publishing our accounts payable with our minutes. This practice was terminated in 1967. At that time the Public Examiner evidently informed Village Officials that the publication was not necessary. If the Council wishes to have them published in detail we can do so. b. Councilwoman Olson moved that a detailed annual statement be printed each year. Seconded by Councilman Greavu. Ayes - all. - 15 - 6 -4 11. Cope Avenue - White Bear Avenue Intersection a. Councilwoman Olson moved to delete this item from the Agenda. Seconded by Councilman Wiegert. Ayes - all. 12. Parking - White Bear Avenue (Frost to T.H. 36) a. Manager Miller stated that it had been suggested that parking on White Bear Avenue from Frost Avenue to County Road D should be restricted. The Staff recommends that the County be request to do so. b. Councilman Greavu moved that the County be requested to place parking restrictions on White Bear Avenue from Frost Avenue to Countv Road D. Seconded by Councilman Haugan. Ayes - all. J. COUNCIL PRESENTATIONS 1. Mayor Mayor Axdahl stated he had appointed the following names to the Task Force Committee. Councilwoman Patricia Olson Police Chief Richard Schaller Fire Marshal Al Schadt Fire Chiefs, Robert Westbrook, Robert Finberg, and Herbert Johnson Deputy Health Officer Frank Sailer Scott Carter Kevin Slaikeu Blair Nelson Dr. Paul Junker Mr. Richard Kueton Mr. John Nordale Mr. Richard Lofgren Mrs. Ruth Stafsholt Councilwoman Olson was to contact the other members and set a date for a meeting. b. Communication from the Board of Water Commissioners sent to the Ramsey County League stating their displeasure in the Leagues action to retain another firm to prepare a preliminary study of the equity of the water rate structure to suburban consumers. - 16 - 6 -4 c. The contractor working on County Road C apparently has removed one of the monuments. Staff check out all monuments at County Road C and if it has been removed, have it replaced. d. There seems to be a difference of opinion regarding a drainage culvert at about 970 E. County Road C. It was removed during construction and the residents feel it should be returned. Staff will investigate. 2. Council a. Councilwoman Olson 1. Questioned the status of the street light request of Mr. H. E. Otto, 1195 Junction. Staff is investigating. 2. Questioned Administrator Bailey Seida as to a statement he reportedly had said to a representative of the Human Rights Commission regarding Council's procedures on Ordinances. The statement was "the Council goes behind closed doors to make their decisions." Administrator Seida denied the statement. 3. Questioned as to what propriety the Planning Commission has -to ask a developer, Mr. Sagsetter, to talk with the Commission. Councilwoman Olson stated she objected to the hearing being placed on the Agenda on the basis that the Planning Commission cannot give any direction to a developer. Manager Miller stated Staff can be instructed to tell Mr. Sagsetter he should not come before the Planning Commission but he requested Council pass a resolution to that effect. b. Councilman Wiegert stated he will put together a resolution regarding the Natural Resources Committee and submit it to Council. K. ADMINISTRATIVE PRESENTATIONS None L. ADJOURNMENT 12:35 A.M. Ci y Clerk - 17 - 6 -4 ACCOUNTS PAYABLE PART I FEES - SERVICES - EXPENSES JUNE 4, 1970 ITEM NO. CHECK NO. CLAIMANT PURPOSE AMOUNT 1. '3845 Postmaster Postcards $ 15.00 2. 1846 Delmar Office Machines Equipment 206.00 3, QR /17 IBM Supplies & Maint. 97.17 4. `. >.q8 Mrs. Florence Hal.lbergjTreas. Membership. 3.00 5. 9849 Xerox Corp. June contract 373.45 6. 9850 Twin City Filter Service Services 16.15 7. 9851 Twentieth Century Printing Supplies 47.00 8. 0852 Team Electronics Supplies 3.35 9. )853 Minn. Hospital Service June remittance 1,927.42 10. 9854 McClain Hedman Schuldt Supplies 354.91 11. 9855 Void 12. 9856 Municipal Court of Maplewood May expenses 1,558.19 13. 9857 Clarence Harris Conference Fee 20.00 14. 9858 Jim Bradford Conference Fee 20.00 15. 9859 Jim Bransfard Conference Fee 20.00 16. 9860 Sister Anita Robinson Conference fee 20.00 17. 9861 Chuck Knutson Conference Fee 20.00 18. 9862 Graphic Center Supplies 5.06 19. 9863 Thomas L. Hagen Expenses 6.00 20. 9864 Superamerica Supplies 22.81 21. 9865 Documents Section Publications 2.30 22. 9866 Uniforms Unlimited Uniform items 496.63 23. 9867 Uniforms Unlimited Supplies 222.00 24. 9868 Vitales Sports Center Supplies 17.00 25. 9869 Sperry Office Furniture Supplies 15.56 26. 9870 Northw6stern Tire Co. Maintenance 103,.94 27. 9871 Bud and Al's Brake Service Repairs 92.80 28. 9872 White Bear Dodge Repairs 36.05 29. 9873 V H B1Ackinton and Co. Supplies 30.12 30. 9874 Motorola C & E Maintenance 163.15 31. 9875 Clifford J. Mottaz Supplies 10.00 32. 9876 Hilbrest Electric Maintenance 24.00 33. 9877 City of St.Paul 3M Fire run 800.00 34. 9878 T. A. Schifsky & Sons, Inc. Materials 496.13 35. 9879 Mogren Brothers Landscaping Supplies 1.75 36. 9880 Cemstone Products Materials 122.57 37. 9881 W. H. Barber Oil Co. Materials 261.25 38. 9882 J. F. Shiely Co. Materials 35.96 39. 9883 Capitol Electronics, Inc. Services 42.50 40. 9884 Paulson Supply Co. Rgairs 19.50 41. 9885 Lee's Auto Supply Rgairs 24.66 42. 9886 Void 43. 9887 Oxygen Service CO., Inc. Supplies 21.37 44. 9888 Rollins Fuel Oil Supplies 48.70 45. 9889 Lee's Auto Supply Repairs 4.50 46. 9890 3M Company Supplies 110.60 6/4/70 ITEM N0. CHECK N0. CLAIMANT PURPOSE AMOUNT 47. 9891 Midway Tractor & Equipment Repairs $ 75.16 48. 9892 Oil Equipment Service Supplies 200.00 49. 9893 The Kimball Co. Supplies 32.73 50. 9894 Bd. of Wtr. Comrs. Services 60.62 51. 9895 Paper Calmenson & Co. Supplies 21.25 52. 9896 Midwest Bolt & Supply Tools 10.83 53. 9897 Maplewood Hardware Supplies 43.42 54. 9898 Cemstone Products Co. Supplies 1.82 55. 9899 Dege Garden Center Supplies 74.00 56. 9900 Beacon Products Co. Supplies 138.76 57. 9901 Farwell Ozmun Kirk & Co. Tools 21.00 58. 9902 Jim's Saw Service Part 3.50 59. 9903 Capitol Electronics Inc. Parts :'79.50 60. 9904 Ramsey Co. Treas. Street Lighting 46.85 61. 9905 Raymond Colosimo Repairs 42.00 62. 9906 Maplewood Plbg. & Htg. Services 70.00 63. 9907 Central Radiators Repairs 15.85 64. 9908 Oxford Chemicals Tools 67.55 65. 9909 Sperry Office Furniture Supplies 6.75 66. 9910 Radio Shack Equipment 59.95 67. 9911 Offset Plate Camera "Service Supplies 3.70 68. 9912 Stuart Finley Inc. Film rental 15.00 69. 9913 Copy Equipment Supplies 6.38 70. 9914 Donald H. Campbell Services 180.00 71, 9915 First National Bank of St.Paul San. Swr, Bds- 1967 33,065.02 72. 9916 White Bear Floral Shop Supplies 7.00 73. 9917 Eric Blank Expenses 2.90 74. 9918 Bill Peltier Services 24.00 75. 9919 The Miracle Equipment Co. Supplies 110.23 76. 9920 James C. Baht May inspections 294.00 77. 9921 B & E Patrol May Contract Serv. 494.00 78. 9922 Richard Moore May retainer 33.00 79. 9923 Northwest Leasing Co. June Contract 80.62 80. 9924 Eugene R. Murray May retainer 650.00 81. 9925 Am. Public Works Assoc. Membership fee 90.00 82. 9926 Minn. State Comrs. of Softball Entry fee 25.00 83. 9927 Larry Bowman Officiating 25.00 84. 9928 Richard Barre Officiating 5.50 85. 9929 Thomas Arth Officiating 5.50 86. 9930 Janice R. Quick Service & supplies 54.92 Check No. 9845 through Check No. 9930 TOTAL PART -I $44,181.86 6/4/70 PART II PAYROLL ITEM NO. CHECK NO. CLAIMANT AMOUNT 1. 555 Lester G. Axdahl $ 163.91 2. 556 John C. Greavu 135.08 3. 557 Harald L. Haugan 127.88 4. 558 Patricia L. Olson 127.88 5. 559 Donald J. Wiegert 127.88 6. 560 Clifford J. Mottaz 198.37 7. 561 Michael G. Miller 455.43 8. 562 Lucille E. Aurelius 246.67 9. 563 Barbara J. Feyereisn 140.17 10. 564 Phyllis C. Green 135.98 11. 565 Arline J. Hagen 206.42' 12. 566 Lydia A. Smai.l 132.03 13. 567 Charles E. Anderson 326.06 14. 568 David L. Arnold 287.68 15. 569 John H. Atchison 266.01 16. 570 Anthony G. Cahanes 331.24 17. 571 Dale K. Clauson 262.35 18. 572 Kenneth V. Collins 279.76 19. 573 Dennis S. Cusick 315.73 20. 574 Dennis J. Delmont 230.76 21. 575 Robin A. DeRocker 304.79 22. 576 Richard C. Dreger 272.49 23. 577 Patricia Y. Ferrazzo 208.46 24. 578 Norman L. Green 321.24 25. 579 Thomas L. Hagen 390.24 26. 580 James T. Horton 245.78 27. 581 Donald V. Kortus 122.61 28. 582 Roger W. Lee 282.55 29. 583 John J. McNulty 274.00 30. 584 Gerlad W. Meyer 247.55 31. 585 Robert D. Nelson 284.30 32. 586 William F. Peltier 240.64 33. 587 Gerald E. Neuspickle 180.50 34. 588 Dale E. Razskazo£f 250.41 35. 589 Richard W. Schaller 406.65 36. 590 Duane J. Williams 261.30 37. 591 Joseph Z. Zappa 335.87 38. 592 Sandra J. Mosner 91.47 39. 593 Marcella M. Mottaz 152.62 40. 594 Alfred C. Schadt 326.94 41. 595 Frank J. Sailer 122.89 42. 596 Raymond J. Hite, Jr. 385.79 43. 597 Robert D. Jackson 291.39 44. 598 Calvin L. Jansen 324.27 45. 599 Vivian R. Lewis 187.35 46. 600 Gary L. Wheaton 259.08 6/4/70 ITEM NO. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. CHECK NO. 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 CLAIMANT Bernard A. Kaeder Raymond J. Kaeder Henry F. Klausing Joseph W. Parnell Virgel H. Peper Arnold H. Pfarr Joseph B. Prettner Edward A. Reinert Myles R. Burke Herbert R. Pirrung Stanley E. Weeks David Germain Henry Pfarr Anthony T. Bar ilia Richard J. Bartholomew LaVerne S. Nuteson Gerald C. Owen John P. Joyce Rubye M. Mullett Eric J. Blank Bailey A. Seida Check No. 555 through Check No. 621 TOTAL PART II Check No. 9845 through Check No. 9930 TOTAL PART I SUM TOTAL AMOUNT $ 273.56 263.76 227.40 242.64 262.12 253.12 328.52 226.41 208.42 310.69 261.01 207.61 14.68 271.26 269.45 225.91 261.00 286.42 162.07 70.32 341.03 $16,241.87 44:181.86 $60,423.73 6/4/70