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HomeMy WebLinkAbout10-21-1971AGENDA Maplewood Village Council 7:30 P.M., Thursday, October 21, 1971 Municipal Administration Building Meeting 71 - 43 A) CALL TO ORDER B) ROLL CALL (C) APPROVAL OF MINUTES 1. Minutes No. 39 (September 23) 2. Minutes No. 40 (October 5) 3. Minutes No. 41 (October 7) D) PUBLIC HEARINGS _l. Dump Permit - Lot 4, W. H. Howard's Garden Lots (continued from October 7) 2. Alley Vacation­ North -south alley, Block 2, Lincoln Park Addition (continued from October 14) E) AWARDING OF BIDS - None F) APPROVAL OF ACCOUNTS G) VISITOR PRESENTATIONS 1. Presentation of 1970 Audit - Johnson DeLaHun't & Co. (H) UNFINISHED BUSINESS 1. Planned Unit Development - Time extension request Phase II, (Forest Green) 2. Appeal from order of Building Official - Request for reversal 3. Alley Vacation (Reconsideration) - North -south alley, Block 8, Lakeside Park Addition 4. Request for Improvement of Gloster Park 5. Prefabricated Single Family Dwelling Regulation 6. Swimming Pool Regulation - Ordinance No. 293 (second reading) 7 Parks and Recreation Commission - Ordinance No. 296 (second reading) 8. Human Relations Commission - Ordinance Nc. 297 (second reading) 9. Boulevard Tree Regulation - Ordinance I) .7 R �JJ) 10. Beam Avenue Improvement: a. Supplemental contract b. Authority to sell condemned house C. T.H. 61 intersection 11. Ripley Avenue Improvement - Feasibility report 12. Maplewood Hills - Escrow agreement- NEW BUSINESS l.� Building Plan Review - Industrial building (2081 Pros Road) 2. Park Name - Demont & Flandrau ( "Four Seasons Park ") 3. Water 7mprovcnent - Petition 1. Spot. r',i.'visionr 3. Util-ity Service Connection Request 6. : ?lo,,vage Easement Condemnation 7. Policy - Assessment of County property 8. ?e.,sOlLiL.ior -- Frontage road 9. Cla: e.j,, e S'- c:et Rrr,rov ment COUNCT jL I'R e's:[ICJS PR SENTAT I0' S 701-1 CUtz, i.?t.1gT ADDENDUM TO THE AGENDA Meeting 71 - 43 I T E M D -1* The public hearing on this item was held on October 7th and was held over until this time in order th.at.the applicant, Louis Sauer, might present more detailed drainage plans for the area. At that time the staff had recommended denial based on the fact that insufficient evidence was provided to show the effect of drainage on the proposed fill area. Staff now recommends approval of the dump permit subject to a number of conditions including a one year expiration date, the types of materials to be utilized for fill and cover, compaction requirements, the prohibition of signs, the provision of a fence, the provision of a performance bond, the provision of a grading plan, the hours of operation, the requirement of a drainage easement-, provision for recalling of the permit on the basis of a founded complaint etc. These conditions are basically the same as those required of Mr. Gilbert's land- fill. D -2** This alley vacation was heard last week, and it is the alley between Atlantic and vacated Chambers Street. Both the staff and the Planning Commission have recommended vacation of the alley subject to the retention of a utility easement. G -1 ** This will be the official presentation of the 1970 Audit re- port by Mr. DeLaHunt. You were previously given cdpies of the report to review. If you have any questions of Mr; DeLaHunt they may be asked at this time. Nis presentation should be short. H -1* At the last meeting the question of whether or not the develop- ers of Forest Green had the right to close the road between Phase I of the development and Beebe Road. Since the road is not a dedicated public right -of- -way no immediate action could be taken to open the roadway. Enclosed are minute records of the development of the Forest Green - Fred Moore project. The attorney has previously stated that the condition of a roadway to the south is a matter of Council interpretation. The developers of Phase I! have requested a time extension, and staff has recommended that that extension be allowed due to the fact that the passing of the oricgi.nal deadline date of September 1, 1971 occurred due to requirements of the Village. The item was carried over to this meeting in order to clear up the question of whether the road to the south was meant to be for construction traffic only or for all vehicular traffic. H -2* You have received a letter from Bradley Morton of 415 E. Skill- man requesting that the Council reverse its decision to allow Donald Hobbs to reconstruct the home located at 380 E. Skillman. The Council had received a petition previously from the people in this area. I have notified Mr. and Mrs. Hobbs that this subject would be discussed at the meeting. H -3'* This vacation was discussed at a public hearing on September 23rd. At that time the staff recommended vacation of the alley. At that time the Council denied the request for vacation, and has since decided to reconsider the matter at this meeting. H -4 ** A group of young people will be present to request the full improvement of Gloster Park as per their petition. $1,000. is included in the 1972 Budget for the location of a pleasure skating rink at that park. H -5* At your meeting of October 14 you asked that the staff review possible methods of controlling the construction of pre- fabricated housing such as Kingsberry and Capp homes. The Village Attorney is preparing a legal opinion concerning the utilization of controls relative to costs over type of con_. struction of homes within the Village. Enclosed is a copy of a report outlining construction techniques. An architectual .review committee was suggested as a possible means of control- ling the quality of housing in the community. This type of a committee or commission is mainly been used for the preservation of established communities. For example, a community wishing to retain a colonial atmosphere might use an architectual review board to standardize types of constructions to fit in with the established community image. Usually such a body will be required to work within established guidelines for the community as a whole as well as for areas, districts or neighborhoods within the community. Such a board cannot be expected to deal with costs of homes or the method of construction, but rather with the final product. when dealing with costs we should remember that inflationary factors can easily .result in problems of establishing lasting costs for an area. We should also keep in mind that construction methods may change which will allow either increased or decreased costs in homes which are exactly the same. The whole question seems to deal with values which are very difficult to deal with an objective mariner. We may also have the problem that we might be able to regulate things under our existing codes but not able to do the same thing under the forthcoming uniform building codes which are to be required by the State. Don will. have a full report Thursday night. H -6 ** The staff would recommend that an annual registration of movable pools be :required after the original permit is issued, and that such registration require a certification of compliance with the original permit. A basic fee of $5.00 per such a regi.strati.on would be recommended. Such a fee is established by resolution and not by ordinance. 11 -7 & These ordinances are up for final passage, and require annual 8 ** reports of both bodies. H -9* An ordinance is enclosed which proposes to regulate the kinds of trees to be planted in boulevards and their location and planting. The ordinance provides that "the kinds of trees which shall be planted on the boulevard are those listed and on file with the Public Works Department ". A copy of the proposed -2- ordinance and a list of the acceptable trees is enclosed for your review. H -10a* A supplementary agreement with the Shafer Contracting Company relative to the Beam Avenue project is enclosed. This change results in a reduction in the total contract of $80,000.. H -10b Authorization is requested to sell the house at the southwest corner of Beam and White Bear Avenues. The property in question has been condemned by the Village and the structure now should be sold to the highest bidder for removal. H -10c The design of Beam Avenue between Hazelwood and T.H. 61 has reached an impasse until a determination can be made relative to the interchange at Beam and T.H. 61. It is necessary to establish the proper elevations to conform with the future interchange. This fact has been discussed with the State, but those officals feet that they can make no commitments. until. the Village officially requests such information. It is recommended that the Council adopt a resolution restating its desire for a. full interchange at 694 and T.H. 61 and requesting a study of interchanges on T.H. 61 between 694 and 36 based on the latest traffic information available. H -11* The costs for this project (Ripley Avenue from McKnight to Myrtle) are found to be exceptionally high ($68.00 per :Et). The high cost and difficulties of construction result in the project being found not feasible -if (1) the apartment complex to the south of Ripley cannot construct an adegate - service road along the north side of their property to McKnight Road and (2) the property north of Ripley remains single family residential. It is suggested that at this time the project be referred back to staff to negotiate the matter with the devlop -- ers of the apartment complex south of Ripley and report back at a later_ date. The conditions for the apartment complex approval ( "Dor_o ") would require this street or an alternate one to provide access to some of the apartments. H--12* A copy of the proposed escrow agreement is included. A section will be added for the recreation portion of the project and we will discuss that at the meeting. Approval. of the escrow agree- ment is .recommended. I -1* The proposed warehouse structure will be located on the west side of .Prosperity Road approximately 70 feet north of the railroad crossing south of County Road B. The proposed building will. have 2000 square feet of area and outside dimensions of 40 x 50 feet. The proposal -is for a warehouse area which will be expanded at a later date to include a future office and shop area. It is the recommendation of staff that the warehouse area be sprinkled for fire safety due to the nature of the use occupancy and the combustibility of the building although such a requirement is riot made by Village construction or fire codes. The proposed structure meets all "Pillage codes and is in a properly zoned area at this time. Approval of the plans is recommended subject to conditions regarding the drawing of the -3 permit within 30 days, the submission of a landscaping plan and the type of parking area to be provided. The applicant also requests a delay in the water and sanitary sewer connections it is evident that the water will be required if the sprinkler System is required. I -2* The Park and Recreation Commission .recommends that the Demont & Flandrau park site be named "Four Seasons Park ".. Staff concurs with this recommendation. I -3 We have received a. valid petition for water improvements on Van Dyke and County Road C. A feasibility study should be ordered.. I -4* The lot division request is for the splitting of one lot which was previously split by the dedication of Chambers Street in 1964 into two separate lots. The owner requests permission to separate the lot, which is physically already split, by legal lot division into two separate lots. The lots are located north of Larpenteur on each side of Chambers Street. Approval of the lot division is recommended. 15 We have received a request from the City of White Bear Lake for a utility connection for a service station at the northwest corner of the intersection of Countv Road D and White Bear Avenue. The Village had previously allowed such a service connection on the northeast corner of this intersection. It was, however, the understanding that the City and the Village would meet and discuss the future of the area to the north, of County Road D and to the south of Interstate 694 prior_ to any future service connections. I would recommend that this matter be referred to staff for discussions with the City of White Bear Lake. I G The staff has been working with Mr. Richard Loftgren to acquire flowage rights across his property on the south side of Brookview Drive in order that we can place culverts in it. lie has been filling this land. Be has requested that all assessments against his entire property be cancelled and returned for the flowage rights. These assessments amount to several thousand dollars and we feel this would be an excessive payment for the flowage rights. We have engaged the services of an appraiser and are now waiting his findings before making Mr. Loftgren one final offer before proceeding with condemnation. Authorization is requested to make Mir. Loftgren a final offer based on the appraised value and to proceed with actual condemnation if he refuses the offer. I -7* New Brighton has adopted a resolution in regard to the investiga- tion of the County regarding attitudes toward special assessments against County lands by municipalities. A copy of that .resolution is enclosed. It is recommended that the Council adopt a similar resolution. I -3* It is recommended that the Council adopt a resolution requesting the Minnesota Department of Highways to discontinue the frontage road between T.H. 36 and Lark Street and to revert those lands -4- now acquired for highway use in accordance with the applicable statutes. A copy of the resolution is included. The closing of this frontage road has been discussed during the Cope Avenue project proceedings. I -9 It is recommended that the roadway base construction portion of the Clarence Street contract be deleted and that Village crews be authorized to expend a sum of not to exceed $500. to restore the roadway. We feel we can do this work cheaper than the contractor. * Items enclosed ** Items enclosed with previous agenda -5- MINUTES OF MAPLEWOOD VILLAGE COUNCIL 7:30 P.M., Thursday, October 21, 1971 Council Chambers, Municipal Building Meeting No, 71 - 43 A. CALL TO ORDER A regular meeting of the Village Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building and was called to order at 7:32 P.M. by Mayor Axdahl. B. ROLL CALL 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. Minutes No. 39 (September 23) Councilman Wiegert moved to approve the Minutes of Meeting No. 39 (September 23, 1971) as submitted. Seconded by Councilman Greavu, Ayes - all, 2. Minutes No. 40 (October 5) Councilman Greavu moved to approve the Minutes of Meeting No. 40 (October 5 1971) as submitted. Seconded by Councilman Haugan. Ayes - all. 3. Minutes No. 41 (October 7) Councilman Haugan moved to approve the Minutes of Meeting No. 41 (October 7. 1971) as corrected; Page 16 Item I -7 -c, "their" instead of "there ". Page 19 Item J -1, delete "after ". Seconded by Councilman Greavu. Ayes - all. D. PUBLIC HEARINGS 1. Dump Permit - Lot 4, W.H. Howard's Garden Lots (continued from October 7) a. Manager Miller stated the public hearing on this dump permit was held on October 7th and was held over to this meeting in order that the ap- plicant Louis Sauer, might present more detailed drainage plans for the - 1 - 10/21 area. At that time, the Staff recommended denial based on the fact that insufficient evidence was provided to show the effect of drainage on the proposed fill area. Staff now recommends approval of the dump including a one year expiration date, the types of materials to be utilized for fill and cover, compaction requirements, the prohibition of signs, the provision of a fence, the provision of a performance bond, the provision of a grading plan, the hours of operation, the requirement of a drainage easement, provision for recalling of the permit on the basis of a founded complaint. The conditions are basically the same as those required of Mr. Louis Gilbert's landfill. b. Mr. Louis Sauer, applicant, stated because of the impossibility of complying with the stated conditions, he wished to withdraw his application for a dump permit at this time and perhaps re -apply in the Spring, hope- fully with different conditions. c. No Council action necessary. 2. Alley Vacation - North South Alley, Block 2, Lincoln Park Addition (con- tinued from October 14) a. Manager Miller stated this alley vacation was heard last week. The north south alley is located between Atlantic and vacated Chambers Street. Both the Staff and the Planning Commission have recommended vacation of the alley subject to the retention of a utility easement. b. Councilman Greavu moved approval of the alley vacation subject to the following stipulations: 1. No improvement or work done on the alley outside of correction to a 3 to 1 slope. 2. The drainage problem be resolved. 3. The Barkdoll's and Mr. Hall work out an easement agreement so Barkdoll's well can be serviced. 4. Retention of a utility easement. c,; Mr. Barkdoll stated that in the past the action of the Council was to provide ponding and drainage in his area; it is his understanding that, if this vacation is approved, Mr. Hall intends to change the alley and to do grading and excavating. As long as there are homes there he doesn't feel the alley vacation should be approved. If the vacation, is approved it will take away the last little piece of drainage protection that is left for the piece of property. He would like to go on record as being opposed to the vacation until such time as there are no longer any homes in the area. d. Councilman Greavu = ;restated his motion and introduced the following resolution and moved its adoption: 71 - 10 - 227 WHEREAS, the Maplewood Bowl desires the vacation of the portion of - 2 - 10/21 the alley in Block 2, Lincoln Park, and WHEREAS, neighbors, including Mr. and Mrs. Howard Barkdoll, objected to the vacation because of a need for well service at the rear of their property, BE IT RESOLVED that all of the alley presently not vacated in Block 2, Lincoln Park, be vacated subject to the following conditions: 1. That :there be no further encrochment on the ponding area. 2. That there be no improvement in the alley other than maintaining of a three -to -one slope on the fill presently in for the parking lot of the Maplewood Bowl. 3. That this vacation is not effective until a recordable easement is given to Mr. and Mrs. Howard Barkdoll in the form of a Quit Claim Deed giving them the right of entry through and across the Maplewood Bowl property for the purpose of serving their well by means of com- mercial well rigs for so long as such service is necessary. 4. Village retains the utility easement. Seconded by Councilman Wiegert. Ee' AWARDING OF BIDS None. F. APPROVAL OF ACCOUNTS Councilman Haugan be paid. Seconded by Councilman Greavu. G. VISITOR PRESENTATIONS Ayes - Mayor Axdahl, Councilmen Greavu, Haugan and Wiegert. Nay - Councilwoman Olson. rar:L it - ray in the amount of Ayes - all. 1. Presentation of 1970 Audit - Johnson- DeLaHunt and Company a. Manager Miller stated Mr. Ron DeLaHunt is in attendance this evening to make an official presentation of the 1970 Audit. b. Mr. Ron DeLaHunt stated he would answer any questions the Council might have regarding the audit. c. Mayor Axdahl asked if Council had any questions they wished to have answered. There were no questions. d. Councilman Wiegert moved to accept the 1970 Audit as submitted. - 3 - 10/21 Seconded by Councilman Greavu. Ayes - all. 2. Mr. Elmer Stanke, 910 E. County Road C, reported to the Council the work that was done on the sanitary sewer connection to his mother's home at 930 E. County Road C. Arkon Construction excavated the sewer connection at the prop- erty line and found a railroad log that was there. The connection was re- paired. Mr. George Seidel from B.T.S.C., consultant engineer 'firm asked Mr. Stanke to provide water to flush out the sewer service and Mr. Stanke did this himself and is submitting a bill for the work he had to do. Mr. Stanke requested his driveway put back in shape and that the Manager en- courage the Sewer Department Foreman to see to it that Arkon complete the job. H':' UNFINISHED BUSINESS Mayor Axdahl requested that because of the late hour, Item H -4 be discussed at this time. 4. Request for Improvement of Gloster Park. a. Manager Miller stated a group of young people are present to present a petition requesting full improvement of Gloster Park. $1,000 is included in the 1972 Budget for the location of a pleasure skating rink at that park. b. Mr. Mike Wasiluk, who lives in the Gloster Park Area,stated the petition was for construction of skating rinks, pleasure and hockey. The hockey rink at Hazelwood School had been taken down and he wondered if the boards were available. Volunteers would construct the boards if they could be obtained. c. The young people of the area spoke on behalf of the request. d. Councilwoman Olson moved that the matter of improving Gloster Park be referred to staff to investigate possibilities of what can be done and report back to Council at the next meetine. Seconded by Councilman Haugan. Ayes - all. e. Mayor Axdahl commended the young men for their efforts in surveying the community to see what the people wished. It was a very worthy step on their part. One of the reasons, in the past, that he has voted against improvements, such as buildings in some of our parks, is so that we might get some operation type of rinks and backstops etc. 1. Planned Unit Development - Phase II (Forest Green) was raised a. Manager Miller stated that at the last meeting the question/of whether or not the developers of Forest Green had the right to close the road be- tween Phase I of the development and Beebe Road. Since the road is not a dedicated public right -of -way no immediate action could be taken to open the roadway. Enclosed are minute records of the development of the Forest Green - Fred Moore project. The attorney has previously stated that the condition of a roadway to the south is a matter of Council interpretation. The developers of Phase II have requested a time extension, and staff has recommended that that extension be allowed due to the fact that the passing - 4 - 10/21 of the original deadline date of September 1, 1971 occurred due to re- quirements of the Village. The item was carried over to this meeting in order to clear up the question of whether the road to the south was meant to be for construction traffic only or for all vehicular traffic. b. Councilman Greavu read his motion made on August 7, 1969 regarding the road; "Councilman Greavu moved approval of the Fred Moore Planned Unit Develop- ment provided there be a 30 foot setback on the East side, that the de- veloper bear the cost of water improvement; 324 is the total number of units, development commence within 15 months for the first phase, that access to Furness Street will be only at the north and the south ends of the project, that it will be only three buildings not four, that the second stage have no access to Furness Street, occupancy permit for the first phase only on the approved plans by the developer for the second phase, that a road south to Larpenteur be constructed to handle construction traffic and provide another access." c. Manager Miller stated that there has been no order from the Village to close this road. Staff has attempted to contact the officials of the development, but have been unable to do so. d. Harvey Kaplan, attorney for the owners of the apartment complex, stated that perhaps, mistakenly, the owner thought it was this Council's desire that the road not be used. It was for that reason and no other reason that the road was shut off. Mr. Kaplan stated he didn't have the author- ity to speak of Lrmat vely for the owner, regarding the construction of this road. If it is the desire of the Council to reopen this construction road, he has no reason to believe the owner will not open it. e. Mayor Axdahl asked if it was the CouncilTS desire that the road be opened. Council stated yes. f. Mr. Kaplan assured the Council that the chain will be removed ;tomor- row morning and the road will be open. g. Mayor Axdahl read the conditions stated in the December, 1970 minutes. " All construction traffic access from Larpenteur Avenue only; No occupancy to any portion of Stage I until a hard surfaced street is improved from Stage I parking areas to Larpenteur Avenue; Occupancy allowance for Stage 1 with only a Southerly exit to Lar- penteur Avenue. Stage 1 of Phase 2 shall execute physical development by building permit within 9 months (September 1, 1971) or all of Phase 2 approval shall be automatically recinded by Council." h. Councilman Wiegert moved to refer to staff the matter of paving and the timing of the road to the south, the eastern portion of that road, for discussion between the various people involved. The staff is to attempt to establish an agreement with the developer when this work will be feasible. 5 - 10/21 Seconded by Councilman Greavu. j. Councilman Wiegert moves extend the time limit of Ph. June 1, 1972. Seconded by Councilman Haugan. Ayes - all. ccept the staff's rec of the Forest Green to Ayes - Mayor Axdahl, Councilmen Greavu, Haugan and Wiegert. Nay - Councilwoman Olson. 2. Appeal from Order of Building Offical - Request for Reversal a. Manager Miller stated that Council had received a letter from Bradley Morton of 415 E. Skillman requesting that the Council reverse its decision to allow Donald Hobbs to reconstruct the home located at 380 E. Skillman. The Council had received a petition previously from the people in this area. Mr. and Mrs. Hobbs have been notified that this subject would be discussed at the meeting. b. Clayton Parks, Attorney representing the residents in the area, spoke in behalf of the petition. The residents feel that the work on the house should be suspended before any more funds or labor is spent and that Council investigate the dwelling and determine if any remodeling of the house is feasible. The house is in a dangerous condition of disrepair and there are serious defects in the structure itself. c. Mr. Hobbs spoke on behalf of the work he is doing and requested per- mission to be allowed to continue. d. Council asked staff if any recent inspections had been made. Manager Miller stated no. e. Councilman Wiegert moved to suspend the work on the dwelling at 380 E. Skillman Avenue for one week and introduced the following resolution: 71 - 10 - 228 BE IT RESOLVED by the Council of the Village of Maplewood that a building permit for construction on a house located at 380 Skillman in the Village of Maplewood which was issued to Mr. Hobbs be and is hereby suspended for a period of one week as through and including October 28, 1971 pending a visual inspection by the Mayor and members of the Council and provided that in the event the Council should continue the permit, that this one week period of time be added as an extension to the original 90 day term of the permit. Seconded by Councilman Greavu. Ayes - all. f. Council asked Village Attorney Lais for a legal opinion on this matter. g. Village Attorney Lais stated Council has the right to suspend any per- mit and may even revoke a permit if there is substantial reasons. h. Councilman Wiegert moved that Council meet October 28, 1971 to con- sider the dwelling at 380 E. Skillman. Seconded by Councilman Greavu. Ayes - all. - 6 - 10/21 Council stated on Monday, October 25, 1971 at 4:30 P.M., the Council,with the staff and any other interested persons, will meet at 380 E. Skillman. 3. Alley Vacation (Reconsideration) - North -south Alley, Block 8, Lakeside Park Addition. a. Manager Miller stated the public hearing on the alley vacation was held on September 23rd. At that time the staff recommended vacation of the alley. At that time the Council denied the request for vacation, and has since taken action to reconsider the matter at this meeting. b. After considerable discussion, Councilman Greavu moved that the alley vacation reconsideration be open for public testimony. Seconded by Councilman Haugan. Ayes - all. c. Mr. Joseph Summer, Attorney representing the two Falk families, spoke in opposition of vacating the alley. The Falks would approve of the va- cation of the alley if the neighbors would help pay the costs for moving the telephone pole to the center of the alley so the vacation would be on an equal basis. d. The following residents spoke on behalf of the alley vacation: David Neeham, 1785 Frank Street, stated that in six years he has used the alley no more than 6 times. Ray Kapple, 1779 Frank, stated he has never used the alley. Al Galbraith, 1770 Edward, stated he has never used the alley. e. Councilwoman moved to deny the reconsideration. Councilwoman Olson withdrew her motion. f. Councilwoman Olson moved that Council take no further action on the alley vacation. Seconded by Councilman Greavu. Ayes - Councilwoman Olson, Council- men Greavu and Wiegert. Nay - Mayor Axdahl, Councilman Haugan. Motion carried. 5. Prefabricated Single Family Dwelling Regulation. a. Manager Miller stated that at the meeting of October 14 Council re- quested that the staff review possible methods of controlling the con- struction of prefabricated housing such as Kingsberry and Capp homes. The Village Attorney is preparing a legal opinion concerning the utili- zation of controls relative to costs over type of construction of homes within the Village. An architectual review committee was suggested as a possible means of controlling the quality of housing in the community. This type of a committee or commission is mainly been used for the - 7 - 10/21 preservation of established communities. For example, a community wish- ing to retain a colonial atmosphere might use an architectual review board to standardize types of constructions to fit in with the established community image. Usually such a body will be required to work within es- tablished guidelines for the community as a whole as well as for areas, districts or neighborhoods within the community. Such a board cannot be expected to deal with costs of homes or the method of construction, but rather with the final product. When dealing with costs it should be con- sidered that inflationary factors can easily result in problems of es- tablishing lasting costs for an area. Also, that construction methods may change which will allow either increased or decreased costs in homes which are exactly the same. The whole question seems to deal with values which are very difficult to deal with in an objective manner. The Village may also have the problem that they might be able to regulate things under the existing codes but not able to do the same thing under the forthcoming uniform building codes which are to be required by the State. b. Village Attorney Lais stated that on July 1, 1972, the State Building Code will take effect. When this happens, the Village will have no con- trol on construction techniques with regards to whether buildings are pre - fab or pre -cut, at least in home construction. The present Village build- ing code could be amended to prevent the construction of pre -fab homes, until July 1, 1972, if Council desires. c. Councilman Greavu moved to table the discussion on pre -fab home con- struction until Council has received renorts from the Plannine Commission and the Human Relations Commission. Seconded by Councilman Haugan. Ayes - all. 6. Swimming Pool Regulation - Ordinance No. 293 (Second Reading) a. Manager Miller stated the staff recommends that an annual registration of movable pools be required after the original permit is issued , and that such registration require a certification of compliance with the or- iginal permit. A basic fee of $5.00 per such a registration would be re- commended. Such a fee is established by resolution and not by ordinance. b. Councilwoman Olson introduced the following ordinance and moved its adoption: Ordinance No. 293 An Ordinance Amending The Building Code Of The Municipal Code Of The Village Of Maplewood, Ramsey County, Minnesota, Pertaining To Regulating The Location And Construction Of Swimming Pools The Council of the Village of Maplewood does ordain as follows: The Building Code of the Village of Maplewood is amended by adding Chapter #328 as follows: 328.010 A permit shall be required for any swimming pool with a capacity of 5,000 gallons. - 8 - 10/21 a) A swimming pool is any man made pool capable of being used for human swimming b) Annual registration of movable swimming pools with capacity of 5,000 gallons is required after the original permit is issued 328.020 An application for a building permit shall show: a) Type and size of pool b) Site plan c) Location of pool d) Location of house, garage, fencing and other features on the lot e) Location of structures on all adjacent lots f) Location of filter unit, pump, and wiring (involving type) g) Location of back -flush and drainage outlet h) Grading plan, finished elevations, and final treatment (decking, landscaping, etc.) around pool i) Location of existing overhead or underground wiring, utility easements, trees, and similar features j) All gates be equiped with safety latch near the top 328.030 All areas: a) Pools for which a permit is required shall not be located within ten (10) feet of any side or rear lot line nor within six (6) feet of any principal structure or frost footing. Pools shall not be located within any required setback from any public street b) Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type or within 15 feet of any such utility lines c) Pools shall not be located within any private or public utility, walkway, drainage, or other easement d) In the case of inground pools due precautions shall be taken during the construction period to: (1) Avoid damage, hazards, or inconvenience to adjacent or nearby property. (2) Assure that proper care shall be taken in stock piling ex- cavated material to avoid erosion, dust, or other infringement onto adjacent property. e) To the extent feasible, back -flush water or water from pool drain- age shall be on the owners property or into approved public drain- age ways. Water shall not drain onto adjacent or nearby private land. f) The filter unit, pump, heating unit, and any other noise - making mechanical equipment shall be located at least thirty (30) feet from any adjacent or nearby residential structure and not closer than ten (10) feet to any lot line. In all cases noise from such shall not be detectable at any property line and if detectable, shall be enclosed in an approved sound resistant enclosure. g) Lighting for the pool shall be directed into or onto the pool and not onto adjacent property h) A safety fence setback a distance of at least four (4) feet from the edge of the water surface or pool side of a non - climbable type of at least four (4) feet in height shall completely enclose the pool from ground level up to the minimum 4 foot height. - 9 - 10/21 i) Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type. Water shall be subject to periodic inspection by the Community Health Officer j) All wiring, lighting, installation of heating unit, grading, in- stallation of pipes and all other installations and construction shall require appropriate permits and shall be subject to in- spection by public inspectors. k) Climbable- facilitiesof any kind which could be utilized in any way shall be kept set back a minimum of 5 feet from the outside edge of all safety fences or pool side walls surrounding swim- ming pools. 1) Any proposed deviation from these standards and requirements shall require a variance in accordance with normal zoning procedures. 328.040 In Multiple - Family Areas: Pools in multiple - family areas (residential structures containing three or more dwelling units) shall be subject to the following restrictions: a) No part of the water surface of the swimming pool shall be less than fifty (50) feet from any lot line. b) No pump, filter, heating units, or other apparatus used in con- nection with or to service a swimming pool shall be located less than fifty (50) feet from any lot line. c) All deck areas, adjacent patios, or other similar areas used in conjunction with the swimming pool shall be located not closer than thirty (30) feet to any adjacent single - family lot line. Adequate screening including both fencing and landscape treatment shall be placed between said areas and adjacent single - family lot lines. 328.050 In All Areas: a) Safety fencing during construction of inground pools shall be provided during all phases of construction. b) Required safety fencing shall be completely installed within three (3) weeks following installation of the pool and prior to pool being filled or prior to final occupancy inspection. c) Nuisances such as undue noise, lighting onto adjacent property, health and safety hazards, damage to nearby vegetation, and the like shall not be permitted. d) Filling of pools via fire hydrants or other public means shall require public approval. e) Drainage of pools onto public streets or other public drainage ways shall require public approval 328.060 Permit Fee: Permit fees for the issuance of a building permit for a swimming pool and its related safety fencing, shall be based upon the adopted building permit fee schedule. This Ordinance shall be deemed a part of the Municipal Code of the Village of Maplewood, Minnesota, and shall be incorporated therein at the - 10 - 10/21 time of the next revision of said Code. This Ordinance shall take effect and be in force after its passage, approval and publication. Passed by the Village Council of the Village of Maplewood, Minnesota, this 21st day of October, 1971. Seconded by Councilman Wiegert. Motion carried. Ayes - Councilwoman Olson, Councilmen Greavu and Wiegert. Nay - Mayor Axdahl Councilman Haugan abstained. Mayor Axdahl voted nay based on the relationship to the State Building Code. 7. Parks and Recreation Commission - Ordinance No. 296 (Second Reading) a. Manager Miller stated Ordinance No. 296 is submitted for final adoption. The Ordinance requires the Parks and Recreation Commission to submit an annual report to the Council. b. Councilwoman Olson introduced the following ordinance and moved its adoption: (Second Reading) Ordinance No. 296 An Ordinance Amending The Maplewood Code Chapter 204 Relating To The Recreation Board THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 204.050 is hereby amended by adding thereto a Subsection (H) to read as follows: (H) To review, prepare and make a report to the Village Council by December 31 of each year regarding its activities plan and re- commendations for changes which the Commission may deem desirable. Section 2. This Ordinance shall take effect and be in force from and after its passage and publication. Passed by the Council of the Village of Maplewood this 21st day of October, 1971. Seconded by Councilman Greavu. Ayes - all. 8. Human Relations Commission - Ordinance No. 297 (Second Reading) a. Manager Miller stated Ordinance No. 297 is submitted for final adoption. - 11 - 10/21 The Ordinance requires the Human Relations Commission to submit an annual report to the Council. b. Councilwoman Olson introduced the following ordinance and moved its adoption: (Second Reading) Ordinance No. 297 An Ordinance Amending The Maplewood Code Chapter 208 Relating To Human Relations Commission THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 208.040 DUTIES AND RESPONSIBILITIES is hereby amended by adding thereto Subsection (7) to read as follows: (7) Review, prepare and make a report to the Village Council by December 31 of each year regarding its actions and activities during the year along with recommendations for changes which the Commission may deem desirable. Section 2. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Council of the Village of Maplewood this 21st day of October, 1971. Seconded by Councilman Greavu. Ayes - all. 9. Boulevard Tree Regulation - Ordinance a. Manager Miller stated that an ordinance has been submitted which pro- poses to regulate the kinds of trees to be planted in boulevards and their location and planting. The ordinance provides that "the kinds of trees which shall be planted on the boulevard are those listed and on file with the Public Works Department ". b. Councilwoman Olson introduced the following ordinance and moved its adoption: (First Reading) Ordinance No. 298 An Ordinance Amending Chapter 1501 Of The Maplewood Code In Its Entirety Concerning Trees On Boulevards Seconded by Councilman Haugan. Ayes - all. 10. Beam Avenue Improvement a. Supplemental Contract 1. Manager Miller stated a supplementary agreement has been received from the Shafer Contracting Company relative to the Beam Avenue Project. - 12 - 10/21 The change in the contract results in a reduction in the total of $80,000.00. 2. Councilman Wiegert introduced the following resolution and moved its adoption: 71 - 10 - 229 NOW, THEREFORE, BE IT RESOLVED that the Village Council of Maple- wood, Minnesota enter into a supplementary agreement with the Shafer Contracting Company as follows: Village Project No. 70 -5 M.S.A.S. Project No. 38- 107 -03 and No. 38- 116 -03 Clearing and grubbing operations shall be accomplished in accordance with section 2101 of the specifications, amended as follows: The Engineer will indentify the specific areas within which the clearing and grubbing operations are to be confined. Measurement will be made by area, which is estimated to be approximately 3 acres. Pay- ment for accepted quantities, at $500.00 per acre for clearing and $500.00 per acre for grubbing, shall include full compensation for all removal and disposal costs. Secondly, as a result of a change in the nature of the project, and the fact that a source of granular material became available from within the project limits, it is now likely that there will be a sub- stantial overrun in Item 2105.501, Common Excavation, and a corres- ponding underrun bn .::Item - +2105.521;. }.Granular Borrow. While this change should tend to decrease the total cost of the project, it does require the Contractor to haul certain common excavation materials consider- ably further than the average haul distance shown in the original plans. As increased compensation for these longer haul distances, the Contractor shall receive an additional one cent per cubic yard station. The increased compensation will be applicable to only those materials excavated from sources beyond the roadway limits and shall be based on only that portion of the distance in excess of 800 feet. However, in no case will the maximum unit price exceed $1.651CY. The following letters are hereby referred to and made a part of this supplemental agreement: Shafer Contracting Co., Inc, to Howard, Needles, Tammen & Bergen - doff dated September 13, 1971 Shafer Contracting Co., Inc. to Howard, Needles, Tammen & Bergen - doff dated September 13, 1971 ESTIMATED CHANGE IN COST Unit Item No. Item Unit Price Quantity Amount 2101.501 Clearing Acre $500.00 3 $ 1,500 2101.506 Grubbing Acre 500.00 3 1,500 2105.501 Common Excavation C. Y. 1.10(ave) 143,000 157,000 2105.521 Granular Borrow C. Y. 1.20 - 200,000 - .24q,000 - 13 - TOTAL (est) -$ 80,000 Seconded -by- Councilman Haugan. Ayes - all. b. Authority to Sell Condemned House 1. Manager Miller stated authorization is requested to sell the house at the southwest corner of Beam and White Bear Avenues. The property in question has been condemned by the Village and the struct- ure now should be sold to the highest bidder for removal. 2. Councilman Greavu selling of the dwelli. Bear Avenues. at to authorize Seconded by Councilman Haugan. Ayes - all. c. Highway 61 Intersection 1. Manager Miller stated that the design of Beam Avenue between Hazelwood and T.H. 61 has reached an impasse until a determination can be made relative to the interchange at Beam and T.H. 61. It is necessary to establish the proper elevations to conform with the future interchange. This fact has been discussed with the State, but those officials feel that they can make no commitments until the Village officially requests such information. It is recommended that the Council adopt a resolution restating its desire for a full inter- change at 694 and T.H. 61 and requesting a study of interchanges on T.H. 61 between 694 and 36 based on the latest traffic information available. 2. Village Engineer Collier presented a summary of the proposed in- terchanges. 3. Councilwoman Olson introduced the following resolution and moved_ its adoption: 71 - 10 - 230 WHEREAS, the Minnesota Highway Department has prepared and sub- mitted Layout No. 1 of Study 2, S.P. 6222 -46, T.H. 61 to the Village of Maplewood for review and comment; and WHEREAS, the need for access to and from the south via U.S. 61 to I -694 has been previously determined and strongly urged by the Village Council of Maplewood; and WHEREAS, the need for the improvement of U.S. 61 from T. H. 36 to I -694 is eminent; and WHEREAS, transportation studies prepared for the Village of Maple- wood have demonstrated the need for substantial upgrading of speci- fic portions of U.S. 61; NOW, THEREFORE, BE IT RESOLVED THAT THE VILLAGE COUNCIL OF - 14 - 10/21 MAPLEWOOD, MINNESOTA approves the general concept offered in said layout No. 1 of Study 2, S.P. 6222 -46, T.H. 61, but requests the Minn- esota Highway Department to further evaluate the proposed interchange(s) located at future Beam Avenue (M.S.A.S. 38- 107 -050) and at Ramsey County Road "C" (CSAH 23) in light of the date now available as a re- sult of the aforementioned transportation studies. Seconded by Councilman Haugan. Ayes - all. d. Councilwoman Olson stated that in the future Council should have these resolutions ahead of time so they will know exactly what these resolutions state. e. Councilwoman Olson moved that all resolutions be submitted to Council ahead of time. Seconded by Councilman Haugan. Ayes - Councilwoman Olson, Councilmen Greavu, Haugan and Wiegert. Nay - Mayor Axdahl. f. Manager Miller stated the submission of resolutions ahead of time would be almost impossible because items come up at the meetings which should be included in the resolution. He also stated he would send out memos to the department heads that he would not accept anything for the agenda after Monday noon unless it has a written resolution attached. This will slow up some of the processing of items. 11. Ripley Avenue Improvement - Feasibility Report a. Manager Miller stated the costs for this project (Ripley Avenue from McKnight to Myrtle) are found to be exceptionally high ($68.00 per ft.). The high cost and difficulties of construction result in the project being found not feasible if (1) the apartment complex to the south of Ripley can construct an adequate service road along the north side of their property to McKnight Road and (2) the property north of Ripley remains single family residential. It is suggested that at this time the project be referred back to staff to negotiate the matter with the developers of the apartment complex south of Ripley and report back at a later date. The conditions for the apartment complex approval ( "Doro ") would require this street or an alternate one to provide access to some of the apart- ments. b. Councilman Wiegert opers of the apartment Seconded by Councilman Greavu. struct the staff to contact the Ayes - all. Councilwoman Olson requested to be excused from the meeting at 10:30 P.M. 12. Maplewood Hills - Escrow Agreement a. Manager Miller stated copies of the proposed escrow agreement with Wiensch Construction Company had been submitted to Council for approval. - 15 - 10/21 A section has been added to the agreement to include $34,000.00 for park area. This amount is based, on Council agreement that if at a future date, the Council establishes a new policy on park development, with a lower cost, the difference would be refunded to the developer. Staff recommends adoption of the agreement. b. Councilman Haugan moved_ approval of the escrow agreement with Wiensch Construction Company as follows: T This agreement is hereby made and executed by and between the Village of Maplewood, hereinafter referred to as Village, party of the first part, and Wiensch Construction Corporation, hereinafter referred to as "Developer ", party of the second part, pursuant to the Maplewood Code, Section 501.070, of said Village providing for cash deposit for a bond to be made with the Village Treasurer to guarantee payment for street construction as provided by said Code. In consideration of the following mutual agreements and convenants the parties hereto agree as follows: 1. The Village agrees that the estimated cost for all of the con- struction work, exclusive of rough grading, necessary for installation and construction of water mains and appurtenances, street improvements and surfacing, storm sewers and appurtenances, legal, fiscal, and en- gineering cost, all with reference to Maplewood Hills Townhouse De- velopment are as set forth in the schedule of estimates entitled Exhibit A, and thereby incorporated herein as those set out in full at this place. 2. The Developer agrees that it will, at its own expense, perform the rough grading according to the specifications and standards provided by the Village Engineer, and that it will pay the Contractor who does such work in cash, in full, immediately upon completion and acceptance by the Village of said rough grading. 3. The Developer further agrees that he will negotiate with the Con- tractors for the construction of the sanitary sewer and water main installation, street and curb work and storm sewer and street lighting, and that all such negotiations and resulting contracts shall be subject to the approval of the Village. It is further agreed that the Village will perform such inspection and testing as is necessary to insure full compliance with Village ordinances and policies, and that the cost of said inspection and testing shall be borne by the Developer. In lieu of assessing the benefited properties for this work, it is understood and agreed that the Developer will pay in cash all of the costs of per- forming the work required as set forth herein. In order to guarantee said payment, the Developer will deposit one and one -half (1z) times the estimated cost set forth in Exhibit A as calculated on Exhibit A. It is further understood that the Developer may make this deposit in the form of cash or negotiable bonds or in lieu thereof may secure this payment by commitment from an acceptable bank or savings and loan association and that the said financial organization shall endorse the last page of this agreement. This deposit or the substitute commitment by a bank or savings and loan association is made subject to the con- ditions and with the understanding that the funds so deposited, or so - 16 - 10/21 committed, shall guarantee all costs of the work hereinbefore speci- fied, whether such costs are equal to or more than the estimated cost on Exhibit A. 4. The Developer agrees to supply an irrevocable letter of credit for the amount shown on Exhibit A. The Developer and guarantor for the irrevocable letter of credit agree that when all work provided for in this contract has been fully completed, approved by the Village Engineer, and accepted by the Council, the Village shall receive in cash, upon demand, the total costs of such construction work, inclusive of legal and engineering costs, to pay for the same; and the Village Council shall release to the Developer any unexpended balance of the irrevo- cable letter of credit or any unneeded portion of the commitment. It is further understood and agreed between the parties and the guarantor endorsing this agreement, that if the street and utility work provided for herein is performed in parts or portions instead of being done all at one time under a single contract, the cost of such part or portion, as completed and accepted by the Village, shall be paid for out of the commitment, and the balance thereof shall be retained until all of the work has been completed. S. The Developer further agrees that he will save the Village harmless from all claims of any kind of nature whatsoever made by any third party for bodily harm or property damage arising from or occuring in connection with the use of said streets by any such injured party at any time prior to the date when the completed work has been accepted by the Village pursuant to engineer's recommendation for maintenance as a Village street. 6. It is further agreed by the Village that if the Developer requires any evidence of this agreement for the purpose of escrow requirements of the Federal Housing Administration, the Veterans Administration, or any other United States governmental agency, the Village will provide same at the request of the Developer so the deposit herein provided for may be considered a deposit in lieu of the deposit normally made with such governmental agencies. 7. It is specifically agreed by the Developer that all certified assess- ments levied on the tract to be platted shall either be paid by the Developer at the time of platting or escrow guarantees, satisfactory in form and content to the Village, will be made in order to permit the payment of all outstanding, unpaid assessments levied on the property being platted. It is further agreed by the Developer that prior to the issuance of any occupancy permit, a public improvement project for the upgrading of Londin Lane and Mailand Road, adjacent to the plat, shall have been ordered by the Village Council, or an escrowed amount of one and one -half (12) times the estimated cost of such improvement shall be deposited with the Village for a period not to exceed eighteen (18) months. 8. This agreement provides for the construction of an asphalt surface on all interior streets of the property platted. It is understood that this surface shall be installed from time to time in accordance with this agreement prior to the approval of occupancy of dwelling units constructed having access to the interior streets. - 17 - 10/21 EXHIBIT A Maplewood Hills Cost Estimate Roadway Streets Storm Sewer Sanitary Sewer Water Mains Total Construction Cost / Roadway Total Construction Cost (Project) Legal & Engineering @ 15% Underground Street Lighting Total Costs Cost x 150% = Escrow Amount = Water Assessment Parks Total Escrow + Assessment Seconded by Councilman Wiegert. I NEW BUSINESS Maplewood Lane Dorland Road $ 29,000.00 $ 52,500.00 15,500.00 28,000.00 13,000.00 23,500.00 9,000.00 17,000.00 $ 66,500.00 $121,000.00 Ayes - all. $187,500.00 28,000.00 12,500.00 $228,000.00 $342,000.00 14,000.00 34,000.00 $390,000.00 1. Building Plan Reveiw - Industrial Building (2081 Prosperity Road) a. Manager Miller stated the proposed warehouse structure will be located on the west side of Prosperity Road south of County Road B but north of the railroad crossing. The proposed building will have 2000 square feet of area and outside dimensions of 40 x 50 feet. The proposal is for a warehouse area which will be expanded at a later date to include a future office and shop area. It is the recommendation of staff that the ware- house area be sprinkled for fire safety due to the nature of the use occup- ancy and the combustibility of the building although such a requirement is not made by Village construction or fire codes. The proposed structure meets all Village codes and is in a properly zoned area at this time. Ap- proval of the plans is recommended subject to conditions regarding the drawing of the permit within 30 days, the submission of a landscaping plan - 18 - 10/21 and the type of parking area to be provided. The applicant also requests a delay in the water and sanitary sewer connections. It is evident that the water will be required if the sprinkler system is required. b. Mr. R. F. Bowe, the applicant, spoke on behalf of his request. He further stated he did not actually oppose the installation of the sprinkler system but felt it was not necessary at this time. c. Councilman Greavu moved approval of the building permit for the ware- house subject to staff conditions including installation of the sprinkler system and also that hook -uD be made to sanitary sewer and water facilities Motion failed for lack of a second. d. Village Attorney Don Lais stated that the applicant was entitled to the building permit according to law. e. Councilman Greavu moved approval of the building permit for the ware- Road subject to the followine condit- 1. Obtain building permit within 30 days. 2. A landscaping plan including implementation of such shall be pro- vided prior to occupancy approval. 3. A parking and loading area shall be hard surfaced and so marked prior to occupancy approval. 4. Installation of a sprinkler system. 5. Connections to the Sanitary Sewer and Water facilities. Seconded by Councilman Wiegert. Ayes - all. 2. Park Name - Demont and Flandrau a. Manager Miller stated that the Park and Recreation Commission recom- mends that the Demont and Flandrau park site be named "Four Seasons Park ". Staff concurs with this recommendation. b. Councilman Greavu moved to accept the Recreation Commission to name the Demont Seconded by Councilman Haugan. Ayes - all. 3. Water Improvement - Petition a. Manager Miller stated the staff has received a valid petition for water improvement on VanDyke Street from County Road C to Kohlman Avenue and Kohlman Avenue from VanDyke Street to White Bear Avenue. A feasibil- ity study should be ordered. b. Councilman Wiegert introduced the following resoltuion and moved its adoption: - 19 - 10/21 71 -10 -232 WHEREAS, a certain petition has been received by the Village Council for the improvement of the following described area: Van Dyke Street from County Road C to Kohlman Avenue Kohlman Avenue from Van Dyke Street to White Bear Avenue by construction of water mains, service connections, appurtenances and street reconstruction; and WHEREAS, the said petition has been declared to be signed by the re- quired 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 improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Councilman Haugan. Ayes - all. 4. Lot Division a. Manager Miller stated the lot division request is for the splitting of one lot which was previously split by the dedication of Chambers Street in 1964 into two spearate lots. The owner requests permission to separate the lot, which is physically already split, by legal lot division into two separate lots. The lots are located north of Larpenteur on each side of Chambers Street. Approval of the lot division is recommended. b. Councilman Wiegert moved approval of the lot division. Seconded by Councilman :Creavu. Ayes - all. 5. Utility Service Connection Request a. Manager Miller stated Staff has received a request from the City of White Bear Lake for a utility connection for a service station at the northwest corner of the intersection of County Road D and White Bear Ave- nue. The Village had previously allowed such a service connection on the northeast corner of this intersection. It was, however, the understanding that the City and the Village would meet and discuss the future of the area to the north of County Road D and to the south of Interstate 694 prior to any future service connections. He recommended that this matter be referred to staff for discussions with the City of White Bear Lake. b. Councilman Wiegert moved that the utility service connection request be referred to staff and for staff to meet and discuss future connections with the City of White Bear Lake. Seconded by Councilman Haugan. Ayes - all. - 20 - 10/21 6. Flowage Easement a. Manager Miller stated the staff has been working with Mr. Richard Lof- gren to acquire flowage rights across his property on the south side of Brookview Drive in order that we can place culverts in it. He has been filling this land. He has requested that all assessments against his entire property be cancelled and returned for the flowage rights. These assessments amount to several thousand dollars and we feel this would be an excessive payment for the flowage rights. We have engaged the services of an appraiser and are now waiting his findings before making Mr. Lofgren one final offer before proceeding with condemnation. Authorization is requested to make Mr. Lofgren a final offer based on the appraised value and to proceed with actual condemnation if he refuses the offer. The property less the property needed for the easement would still be a build- able lot. b.. Councilman Hauga offer based on the a Seconded by Councilman Greavu. Ayes - all. 7. Policy - Assessment of County Property a. Manager Miller stated that New Brighton has adopted a resolution in regard to the investigation of the County regarding attitudes toward special assessments against County lands by municipalities. A copy of that resolution is submitted. It is recommended that the Council adopt a similar resolution. b. Councilman Greavu introduced the adoption and further that the resolu 71 - 10 - 233 esolution and moved it RESOLUTION IN RESPONSE TO RAMSEY COUNTY BOARD ACTION OF AUGUST 30, 1971 RELATIVE TO ADOPTION OF POLICY WITH REGARDS TO COUNTY RECREATION LANDS, INCLUDING OPEN SPACE AND PARK LANDS WHEREAS, the Ramsey County Board of Commissioners requested the County Auditor to confer with various municipalities toward the adoption of some policy of assessing County Recreation lands, including Open Space and Park Lands, for water improvements, sanitary sewer improvements, and storm water drainage improvements, and WHEREAS, the Village of Maplewood has a policy which provides that all properties be assessed according to MSA 429.00, including lands owned by the Village of Maplewood, regardless of use NOW, THEREFORE, BE IT RESOLVED by the Maplewood Village Council, that any properties acquired by Ramsey County in the Village of Maplewood for any purposes, including, but not limited to those cited in the County Board action of August 30, 1971, shall and will continue to be subject to the same assessments and according to the same formulas as are appropriate for any parcels in the Village of Maplewood - 21 - 10/21 BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to all municipalities within Ramsey County. Seconded by Councilman Haugan. Ayes - all. 8. Resolution - Frontage Road a. Manager Miller stated it is recommended that the Council adopt a re- solution requesting the Minnesota Department of Highways to discontinue the frontage road between T.H. 36 and Lark Street and to revert those lands now acquired for highway use in accordance with the applicable statutes. A copy of the - resolution is included. The closing of this frontage road has been discussed during the Cope- Avenue project proceedings. b. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 10 - 231 WHEREAS, the Village of Maplewood has constructed Cope Avenue from Hazelwood Street to White Bear Avenue, and WHEREAS, the proper and safe operation of said Cope Avenue precludes the connection of the frontage road in the southwest quadrant of T.H. 36 and White Bear Avenue, and WHEREAS, those properties which required said frontage raod for access to White Bear Avenue have been assembled under single ownership which will be adequately served by Cope Avenue, NOW, THEREFORE, BE IT RESOLVED THAT THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA petitions the Minnesota Department of Highways to discontinue the aforementioned frontage road between its connection to the entrance to T.H. 36 and Lark Street and to revert those lands not required for Trunk Highways in accordance with the applicable statutes. Seconded by Councilman Wiegert. Ayes - all. 9. Clarence Street Improvement a. Manager Miller stated that staff recommends that the roadway base construction portion of the Clarence Street contract be deleted and that Village crews to authorized to expend a sum of not to exceed $500.00 to restore the roadway. Staff feels Village forces can do this work at a lesser cost than the contractor. b•. Councilman Wiegert to the roadway. Rralwivlz Seconded by Councilman Haugan. Ayes -all. - 22 - 10/21 J. COUNCIL PRESENTATIONS 1. Councilman Haugan stated he had read in the paper where the Metro Council states there are high density apartments being constructed in his area and he wonders if anyone knows about it. Manager Miller stated he had included in the Council's packet a letter from the Village Planner dated August 11, 1971, to the Metro Council, stating the Village of Maplewood had not received a formal application from them for such a project and,the letter also pointed out that their proposal does not meet Village Codes. The Village has received, on October 15, 1971, from the Metro Council, the information regarding these high density apartments and this letter is also included in Council's packet. 2. Councilman Wiegert stated he had a letter from Ramsey County Commissioner Cohen regarding construction of Sanitary Sewer on VanDyke and County Road C and asked if Staff had an opportunity to evaluate this. Manager Miller stated the only comments he could make were that the under- ground facilities the letter refers to are not infringing on the ecology, and, also the open space plan as proposed is not specific enough. Mayor Axdahl stated the project cannot be stopped. A letter should be sent to Mr. Cohen and the Ramsey County Board of Commissioners indicating that it is a sanitary sewer project, there are underground facilities and it is de- signed to service an area for outside of that indicated on the land map. Also that the Planner from Ramsey County should be invited to meet with the Council. 3. Councilman Wiegert suggested some definition should be given to the Parks and Recreation Commission regarding trees on boulevards or if it should be put under their jurisdiction. Mayor Axdahl stated the Ordinance just adopted should clarify this. The Ordinance should be forwarded to the Parks and Recreation Commission for their response. 4. Councilman Wiegert asked if staff had proceeded on County Ditch 17. Staff stated a meeting is being held on November 15. Mayor Axdahl requested staff to protect the Village's interest at this meeting. 5. Mayor Axdahl stated he had received a letter from Holy Redeemer Church re- garding fire protection to that area now that Hazelwood is closed. Can any- thing be done about getting a fire lane at Hazelwood that would be used for this purpose only. Mayor Axdahl requested staff to investigate and to answer the letter. 6. Mayor Axdahl stated he had a copy of a notice of claim for loss and dam- age regarding a sewer problem from Mr. Frank Brown, 509 Ferndale. Village Engineer Collier explained the situation. The claim has been for- warded to the Village Attorney and to the Carl Poppenberger Agency. No action is required by Council. - 23 - 10/21 7. Mayor Axdahl stated he had received a copy of notice and application that 3M Company has applied to the Pollution Control Agency for permission to dis- charge water and statements will be received by that agency until December 12, 1971. 8. Mayor Axdahl stated everyone got a copy of a letter indicating that White Bear has appointed their City Engineer to the Committee for Joint Powers, 9. Mayor Axdahl asked if the staff had any comments on the study to combine the St. Paul Public Works Department and the Ramsey County Public Works Depart- ment. Manager Miller stated not at this time. 10. Mayor Axdahl commented on the letter regarding a vacant structure at 2465 White Bear Avenue. Does staff have any suggestions? Manager Miller stated action had been taken, at the time the letter was re- ceived, against the property owner advising him he had 30 days from the date of the letter in which to secure the necessary permit for demolishing and re- moving the building and such removal or demolishment must be done within 90 days. K ADMINISTRATIVE PRESENTATIONS 1. Manager Miller suggested the Building Code Hearing scheduled for next week be cancelled as the State has not determined yet which Uniform Building Code they would adopt. Until that time the staff feels the Village cannot proceed. Councilman Greavu moved to cancel the Building Code Hearing scheduled for October 28, 1971. Seconded by Councilman Haugan. Ayes - all. 2. Manager Miller stated in the minutes of September 2, the Council was pre- sented with a plan for DeSoto Street and comment was made that in a few weeks a hearing date would be set. The plans were relatively general and have not been reviewed by the Planning Commission. Plans are to be referred to the Planning Commission. Councilman Haugan moved to defer any action on setting a hearing date for the DeSoto Avenue Project. Seconded by Councilman Greavu. Ayes - all. 3. Manager Miller stated that under deferred assessments there are five de- ferred assessments which involve churches and school boards. The staff re- commends that Council authorize the Village to collect these in house and spread over a period of 5 years.. This will allow them to pay over a period of time rather than in a lump sum. - 24 - 10/21 Councilman Greavu moved to authorize staff to collect deferred assessments over a period of five years. Seconded by Councilman Haugan. Ayes - all. 4. Manager Miller stated he has been handed an ordinance which would bring the Village Code in conformity with Chapter 937 of State Laws of 1971 re- lative to the use of Chemicals and drugs. He requested this be placed on first reading. Manager Miller read the ordinance. Councilman Wiegert introduced the following ordinance and moved its adoption: (First Reading) ORDINANCE NO. 299 AN ORDINANCE RELATING TO CHLMICALS AND DRUGS Seconded by Councilman Greavu. Ayes - all. 5. Manager Miller stated he attended the meeting of the Ramsey County League last nite relative to the 40 -60 split and found more interesting the discussion of the tax law. He will put a memo out to the Council tomarrow which is based on what he has heard, he hasn't actually seen the law so there may be some changes. The Budget Council approved for 1972 is well within the limits proposed. The tax law does allow for increased state sales tax return to the Village, and it does allow reduction of property taxes by this increase. L. ADJOURNMENT 11:39 P.M. Cit Clerk - 25 - 10/21 PART I FEES - SERVICES - EXPENSES ACCOUNTS PAYABLE ITEM NO. CHECK NO. CLAIMANT PURPOSE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24, 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 14367 First State Bank of St.Pa 14368 Jack Walrich 14369 ASA Commission 14370 Minn. State Treas. -PERA 14371 Minn. State Treas. -PERA 14372 Friars Dinner Club 14373 14374 14375 14376 14377 14378 14379 14380 14381 14382 14383 14384 14385 14386 14387 14388 14389 14390 14391 14392 14393 14394 14395 14396 14397 14398 14399 14400 14401 14402 14403 14404 14405 14406 14407 14408 14409 14410 14411 OCTOBER 21, 1971 ul Investment of Funds $ Final 69 -17 Registration Payroll dated 9/24/71 Payroll dated 9/24/71 Ladies Day - (reimbursed by reservations) National Recreation Assoc. Registration City and County Credit Union Payroll dated 10/8/71 Minn. State Treas. FICA 3rd Qtr. remittance University of Minn. Registration State of Minn.- Documents Sect. Publication Mrs. Ann Lawrence Registration Office of Public Affairs Registration Minn. State Treas.- Sur -Tax Sept. remittance Postmaster Postage Lucille E. Aurelius Petty Cash Michael G. Miller. Expenses Brady- Margulis Supplies Lake Sanitation Services IBM Repairs Minneapolis Van & Warehouse Co. Freight Gross Industrial Supplies Twentieth Century Printing Supplies Miller -Davis Co. Supplies Lee's Floor & Janitor Serv. Services Tabulating Service Bur. Services United States Leasing Rental Palen Refrig. Inc. Repairs Maria M. Larson Expenses Eugene R. Murray Services Holiday Fuel Terrace Auto Supply Co. Repairs Bear's Auto Clinic Repairs Blumberg Photo Sound Repairs /Supplies Intl Assoc. of Chiefs of Police Membership Metro Winchester Public Shooting Center Supplies Gladstone LUMber Mart Supplies St.Paul Stamp Works Supplies Sperry Office Furniture Supplies Minneapolis City Treas. Services Richard W. Schaller Expenses Hillcrest Electric Repairs Corner Marking Co. Supplies Newsweek Subscription Maplewood Review Subscription 10/21/71 AMOUNT 488,271.11 2,652.67 24.00 1,557.26 2,530.32 234.30 48.00 1,220.00 4,532.42 50.00 25.00 81.90 10.00 1,303.76 263.00 40.63_: 23.92 150.1d 24.5( 17.0(. 26.00 18.90 16.25 88.70 67.75 370.24 23.61 216.94 5.00 35.00 1,098.58 4.20 18.50 73.90 25.00 50.00 4.77 7.29 9.60 76.00 7.5C 32.0( 17.4c 7.80 7.50 ITEM NO. CHECK N0. CLAIMANT 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. i1. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 14412 Motorola Inc. 14413 Fire Engineering 14414 Albinson 14415 AirComm 14416 St.Paul Book & Stationery 14417 St.Bd of Registration. 14418 Minn. Soc. of Professional Eng. 14419 Northwestern Bell 14420 Lake Sanitation 14421 Paulson Supply Co. 14422 Cemstone Products 14423 W,H. Barber Oil 14424 Gulf Oil Corp. 14425 MB Supply Co. 14426 T. A. Schifsky & Sons 14427 MacQueen Equipment Inc. 14428 Jim's Saw Service 14429 G M Steward Lumber Co. 14430 National Rec. and Park Assoc. 14431 United Mailing Co. 14432 Northrup King & Co. 14433 Twin City Seed Co. 14434 Howard A. Kuusisto 14435 Mason Publishing 14436 Gem 14437 Miracle Equipment Co. 14438 Twentieth Century Printing 14439 Maplewood Sewer and Water 14440 St.Paul Overall 14441 Donald H. Campbell 14442 Mogren Bros. Landscaping 14443 Howard Needles Tammen & Engineering 69 -23 Bergendoff 14444 HNTB 14445 Void 14446 HNTB 14447 Ron Oswald 14448 Ramsey Co. Treasurer 14449 Xerox Corp. 14450 Xerox Corp. 14451 Xerox Corp. 14452 Xerox Corp. 14453 Xerox Corp. 1.4454 Xerox Corp. 14455 US Civil Defense Council 14456 Survive 14457 Twin Pines Agency 14458 Northern States Power 14459 Northern States Power 14460 Northern States Power 14461 Northern States Power 14462 Northern States Power 14463 Northern States Power PURPOSE AMOUNT Maintenance $ 4.65 Subscription 8.00 Supplies 104.39 Maintenance 130.50 Supplies 10.25 Certificate renewal 12.00 Membership 13.00 Services 6.75 Services 96.00 Repairs 22.80 Materials 1,721.33 Materials 883.01 Fuel 523.27 Parts 39.41 Materials 388.52 Final on equipment 2,681.50 Supplies 7.00 Materials 1,570.96 Membership 70.00 Services 56.68 Park supplies 500.85 Park supplies 348.00 Engineering services 3,311.68 Supplies and services 525.00 Supplies 34.88 Supplies 6.90 Supplies 148.00 Repairs 380.94 Services 71.95 Services 70 -5 1,669.00 Supplies - 68 SAS 1 60.75 Engineering 69 -23 4,130.17 Engineering 69 -23 10,018.57 Eng.- 70 -5/ 71 -15 5,781.66 Supplies 47.95 Services 10.33 May services 1,278.84 June services 1,137.76 July services 1,190.50 Aug, services 954.04 Sept. services 999.96 Supplies 187.85 Membership 10.00 Subscription 3.00 Insurance 79.65 Utilities 96.52 Utilities -Lift stations 763.20 Utilities -Adm. officies 582.29 Street lighting 1,543.85 Utilities- Garage 85.23 Street lighting 25.39 10/21/71 ITEM NO. CHECK NO. CLAIMANT PURPOSE AMOUNT 98. 14464 Northern States Power Utilities- Sirens $ 7.00 99. 14465 St.Paul & Suburban Bus Co. Services 30.00 100. 14466 Lais & Bannigan Services- Park Acq. 34.00 101. 14467 House of Gifts Supplies 4.91 102. 14468 Tieso Elec. Contractors,Inc. Services 112.00 103. 14469 Gary Egan Official 94.50 104. 14470 Francis Kareltz Official 74.50 105. 14471 Frank Anderson Official 77.50 106. 14472 Paul Cardinal Official 4.00 107. 14473 Michael T. Budion Official 8.00 108. 14474 William Shisler Official 8.00 109. 14475 Wayne Durhand Official 32.00 110. 14476 Thomas Arth Official 32.00 111. 14477 Jon Fosselman Official 16.00 112. 14478 Kenneth Rudeen Official 4.00 113. 14479 Cleo F. Lundquist Services 35.88 114. 14480 Margaret Walz Services 37.13 115. 14481 Sylvia L. Brown Election judge 21.45 116. 14482 Delores J. Burke Election judge 21.45 11.7. 14483 Gertrude V. Everhart Election judge 22.95 118. 14484 Mary Libhardt Election judge 26.80 119. 14485 Kathleen P. Dittle Election judge 21.75 120. 14486 Violet M. Guttermann Election judge 20.25 121. 14487 Bea Hendricks Election judge 25.40 1.22. 14488 Patricia M. Thompson Election judge 21.75 123. 14489 Doris Broady Election judge 21.75 124. 14490 Ann Fosbur.gh Election judge 26.25 125. 14491 Janet P. Kampf Election judge 20.70_ 126. 14492 Jeanne L. Schadt Election judge 21.75 127. 14493 Jean A. Kittelson Election judge 17.25 128. 14494 Marjory Tooley Election judge 21.45 129. 14,495 Caroline Warner Election judge 25.40 130. 14496 Kathleen Craig Election judge 21.75 131. 14497 Jeanne A. Hafner Election judge 24.50 132. 14498 Rose G. McShane Election judge 21.75 133. 14499 Sibbie Sandquist Election judge 21.00 134. 14500 Audrey M. Ellis Election judge 19.20 135. 14501 Marion Moe Election judge 22.20 136. 14502 M. Kathleen Zappa Election judge 27.15 137. 14503 Yvonne B Bell Election judge 22.50 138. 14504 Betty Haas Election judge 22.50 139. 14505 Eleanor B. Meacham Election judge 22.50 140. 14506 Margaret Z Wolszon Election judge 26.25 141. 14507 Emma Klebe Election judge 21.00 142. 14508 Marie Lindahl Election judge 22.50 143. 14509 Lillyan Olson Election judge 27.'15 144. 14510 Dorothy L. Johnson Election judge 22.20 145. 14511 Mary D. Johnson Election judge 22.20 146. 14512 Ida Szczepanski Election judge 25.90 147. 14513 Nadine Germann Election judge 16.20 148. 14514 Delores Fitzgerald Election judge 18.00 10/21/71 ITEM NO. CHECK NO. CLAIMANT PURPOSE 149. 14515 Mildred Iversen Election Judge 150. 14516 Delores V. Lofgren Election judge 151. 14517 Northwestern Bell Teletype 152. 14518 Milton Clothing Uniform item 153. 14519 Warners Uniform item 154. 14520 Uniforms Unlimited Uniform items 155. 14521 Maplewood Review Publications 156. 14522 Maplewood Review Publications 157. 14523 Minn.State Treas. Supplies 158. 14524 Ace Hardware Supplies 159. 14525 Blake Inc. Services 160. 14526 Kathleen Ferrazzo Services 161. 14527 Bettenburg Townsend Stolte and Comb Engineering 69 -15 162. 14528 Minn. Commissioner of Taxation Statt W/H remittance 163. 14529 First State Bank of St.Paul Fed. W H remittance 164. 14530 Void 165. 14531 Johnson DeLaHunt and Co. Services 166. 14532 McGraw -Hill Publications Subscription 167. 14533 Void 168. 14534 Polar Chevrolet Repairs 169. 14535 Shafer Contracting Co. Estimate No. 3 70 -5 Check No. 14367 through Check No. 14535 Check No. 14108 dated 9/16/71 $ 39.11 Check No. 14130 dated 9/16/71 $788.48 Void Void TOTAL PART I 10/21/71 AMOUNT $ 22.20 21.50 123.25 10.25 70.00 344.21 251.40 1,120.20 15.00 6.82 336.00 59.51 151.60 1,290.61 3,729.07 7,388.50 20.00 17.78 2062924.43 $772,979.71 PAYROLL PART II ITEM NO. CHECK NO. CLAIMANT kNiOUNT 1. 3131 Vivian R. Lewis $ 202.50 2. 3132 Michael G. Miller 552.04 3. 3133 Donald W.Ashworth 364.16 4. 3134 Lucille E. Aurelius 270.03 5. 3135 Kenneth J. Casper 223.77 6. 31.36 Judy M. Chlebeck 181.67 7. 3137 Phyllis C. Green 202.09 8. 3138 Arline J. Hagen 208.73 9. 3139 Betty D. Selvog 198.02 10. 3140 Lydia A. Smail 146.77 11. 3141 Charles E. Anderson 301.84 12. 3142 David L. Arnold 310.46 13. 3143 John H. Atchison 292.78, 14. 3144 Anthony G. Cahanes 356.48 15. 3145 Dale K. Clauson 265.01 16. 3146 Kenneth V. Collins 360.22 17. _ 3147 Dennis S. Cusick 341.32 18. 3148 Dennis J. Delmont 299.12 19. 3149 Robin A. DeRocker 302.72 20. 3150 Richard C. Dr2ger 290.26 21. 31.51 Raymond E. Fernow 277.10 _ 22. 3152 Patricia Y. Ferrazzo 231.84 23. 3153 David M. Graf 285.92 24. 3154 Norman L. Green 331.48 25. 3155 Thomas L. Hagen 395.65 26. 3156 Kevin R. Halweg 215.90 27. 3157 James T. Horton 275.02' 28. 3158 Donald V. Kortus 154.52 29. 3159 Roger W. Lee 290.99 30. 3160 John J. McNulty 309.82 31. 3161 Richard M. Moeschter 276.42 32. 3162 Robert D. Nelson 321.21 33. 3163 William F. Peltier 236.02 34. 3164 Gerald E. Neuspi.ckle 200.87 35. 3165 Dale E. Razskazoff 215.73 36. 3166 Richard W. Schaller 440.64 37. 3167 Robert E. Vorwerk 237.44 38. 3168 Duane J. Williams 281.55 39. 3169 Joel A. White 121.98 40. 3170 Joseph A. Zappa 367.22 41. 3171 Donald W. Skalman 262.72 42. 3172 Pamela J. Schneider 150.02 43. 3173 Marcella M. Mottaz 171.92 44. 3174 Alfred C. Schadt 350.75 45. 3175 Frank J. Sailer 134.37 46. 3176 Bobby D. Collier 549.85 47. 3177 William C. Cass 326.13 48. 3178 Raymond J. Hite, Jr. 414.22 49. 3179 Calvin L. Jansen 251.89 10/21/71 ITEM NO. CHECK NO. CLADIANT 50. 3180 Janet A. Rois 51. 3181 Thomas J. Sanders 52. 3182 Bernard A. Kaeder 53. 3183 Raymond J. Kaeder 54. 3184 Henry F. Klausing 55. 3185 Gerald A. Meyer 56. 3186 Joseph INT. Parnell 57. 3187 Arnold H. Pfarr 58. 3188 Joseph B. Prettner 59. 3189 Edward A. Reinert 60. 3190 Greg J. Bailey 61. 3191 Myles R. Burke 62. 3192 Herbert R. Pirrung 63. 3193 Stanley E. Weeks 64. 3194 David Germain 65. 3195 Kevin B. McNulty 66. 3196 Frank R. Kirsebom 67. 3197 Anthony T. Barilla 68. 3198 Richard J. Bartholomew 69. 3199 LaVerne S. Nuteson 70. 3200 Gerald C. Owen 71. 3201 Thomas C. Rowan 72. 3202 JoAnn C. Christensen 73. 3203 John P. Joyce 74. 3204 Eric J. Blank 75. 3205 Bailey A. Seida Check No. 3131 through Check No. 3205 Check No. 14367 through Check No. 14535 XMOL'\T 177.91 181.04 316.19 271.81 244.95 241.12 243.95 292.52 354.21 267.70 151.77 261.78 339.57 264.84 180.23 75.72 300.31 409.36 306.16 254.59 313.66 172.51 167.73 345.52 223.59 TOTAL PART II $ 20,533.41 TOTAL PART I SUM TOTAL $772,979.71 $793,513.12 10/21/71