HomeMy WebLinkAbout12-02-1971AGENDA
Maplewood Village Council
7:30 P.M., Thursday, December 2, 1971
Municipal Administration Building
Meeting 71 - 48
CALL TO ORDER
ROLL CALL
C) APPROVAL OF MINUTES - None
(D) PUBLIC HEARINGS
1. Street Vacation - Kennard, between Cope Avenue and TH 36
(7:30)
2. Street Vacation - Connor Street, between Duluth Street
and TH 61 (7:50)
3. Street Vacation - Hazel, between Larpenteur Avenue and
Price Avenue (8:10)
4. Water Improvement - Van Dyke Street And Kohlman Avenue
(8:30)
5. Zone Change (BC to SC) Zayre's Shoppers City (9:15)
(E) AWARDING OF BIDS
1. Sale and Removal of Building
F) APPROVAL OF ACCOU14TS
(G) VISITOR PRESENTATIONS
(H) UNFINISHED BUSINESS
1. Nuisance Buildinu Correction - 1402 Frost Avenue
2. Building Plan Nonconformance - J & W Boats & Motors
3. Planned Unit Development (Forest Green)
4. Water Improvement (Prosperity) - Feasibility report
5. Deferred Assessment
6.
Driveway Regulation
- Ordinance No.
302
(seconC
7.
Street Improvement
(Cope Avenue)` -
Final''naymer
S.
Street . Improvement
(Beam Avenue)
Sanitary sek
replacement.
(I) NEW
BUSINESS
_ 1.
P.eauest for Sign --
HigiWdY 120 and 'Brook
'Street
2.
Building Flan Revi.e.r - Laundry /cleaners
facilit
Uppe,° T.fton Roan)
3.
Nuisance Building Corrections:
a. East of 203/1 English Street
b 1295 Cent=
4. Nuisance Abatement (nortHwe .
corner of Cope and viii -a Bear. Avenues)
`i. Bulldin-- Plan '•'o.1 )mforniance: Carver :ie:ieral Re-pa.
(2730 K-J.ghwood A:e.i Lie)
6. Reconsideration Request - ;eioc< Lion of fire hyd-ra:
7. Lot Divisions
3. Refuse Collection Rates - Poor Richard
9. Hearing Dates:
a. Liquor License (2220 White Bear Avenue)
b. Special. Use Permit. (north of County Road C and
of Hazelwood Street) -- Excavation
C. Special Use Permit (County Roan D) Electric pc
sup - station
10. Sewer Charge
ll. Se:,rer Bill - Woodbury
12. Ridsolution -- Moose Lodge No. 963
(J) CO` t?� T.L ''P.ESIPN`I'IS'VIOidS
ADDENDUM TO THE AGENDA
Meeting 71 - 48
I T E M
D -1* At the time of the approval of the Sheet Metal Workers
Association building permit there was discussion as to the
absence of a public need for Kennard Street, and this hearing
is a result of that feeling. With the completion of Cope
Avenue Kennard Street, which was needed for construction road
purposes, is no longer of a public need. It is recommended
by the staff that the street in question be vacated with a
condition that (1) the acquiring property owner surrender
access of that property to TH 36 and (2) that said property
owner pay the equivalent of the total assessments which would
have been levied to the property had it not been public right -
of -way. The second condition is based upon the fact that the
vacated property will benefit from the improvements and should
not escape paying its fair share simply because it was under
public ownership at the time of the installation of the improve-
ments. The Planning Commission recommends vacation, but makes
no mention of the staff conditions in its recommendation.
D - -2* This hearing was initiated by a proper petition by the adjoin-
ing property owner. The Council had previously heard a
similar request in the late 1960'x, but acted to table it at
that time due to the uncertain status of the plans for an
interchange at County Road C and TH 61. The staff can see no
public benefit from continued public ownership of the .right -
of -way and feels that the exist-ance of the Connor Street
right - -of -way hinders the development of the abutting property.
It is therefore the recommendation of the staff that the
Connor Street right -of -way be vacated as requested.. The
service drive portion requested for vacation, on the other
hand, does not hinder development and may be of some use to
the Highway Department. It is recommended that this portion
of the vacation be tabled until such time as the Minnesota
Highway Department can give its indications as to the public
need for the service drive. The Planning Commission recommends
that the entire vacation be denied for the reason that the
plans for the TH 61 - County Road C interchange are still. un-
certain.
D -3* This hearing was instituted by the Village Council as a result
of discussions at the hearing on the Stanich Highlands Street
improvement hearing. At that time citizens in the area, express-
ed an interest in the vacation of this portion of Hazel Street
to protect the area from a future through traffic opening onto
Larpenteur. The right -of -way currently has within its bound-
aries water and sanitary sewer lines, but the street is urimprove-
ed within the vacation proposal. The staff recommends that the
proposed street vacation be denied due to the fact that (1) it
is presently hindering no one as it is not a traveled street,
(2) the area may possibly be needed for a future storm drainage
_ corridor serving the Stanich Highland area, (3) the existance
of long narrow lots (depth of over 400 feet) along the north
side of Larpenteur will probably result in the need for re-
dividing and redeveloping in the future and Hazel Street could
be utilized for the extension of a cul -de -sac running east and
west through the mid portions of the long lots, and (4) the
present right -of -way acts as a pedestrian corridor for citizens
of the area to enter the area from the south.
D -4 This improvement was petitioned by abutting property owners,
and it involves a watermain on Van Dyke from County Road C to
Kohlman Avenue and on Kohlman Avenue from Van Dyke to White
Bear Avenue. The total estimated cost of the project is $30,800.
D -5* This rezoning was initiated by the Council at the request of the
management of Zayre's Shoppers City. The zone change is desired
inorder to allow that store to utilize its parking area for
seasonal sales purposes. The existing zoning requires 906 off-
street parking spaces for the store's, whereas the requested
zoning would require only 716 offstreet parking spaces. It
should be pointed out that the existing store and area will
not meet, the requirements of the S -C district in several areas.
Staff recommends that the proposed rezoning be denied, due to
the fact that the existing shopping area does not suit the
intent of the proposed zone and that the proposed rezoning is
simply a method of avoiding needed parking regulations. The
Planning Commission recommends that the proposed rezoning be
approved.
E -1* Two bids were received for the purpose and removal of the home
located at 2869 White Bear Avenue. This property has been
condemned in conjunction with the Beam Avenue improvement.
The high bid of $1769.00 is recommended. The appraised value
of the sale was approximately $2,000.
H -1 ** A single family dwelling and utility structure is located on
the property owned by Mr, and Mrs. Neil Whitt at the southeast
corner of the intersection of Frost and Ide Streets. Notifica-
tion was given in September with a 30 day correction time to
destroy or remove the building from the premises; however, an
extension was granted by the staff at-the request of the Whitt's.
Expiration of the time limit occurred and the staff recommended
that the Council order the building demolished as provided by
the Village Code. It is estimated that repair costs for the
building would be approximately $8,400. as compared to a market
value (according to the Ramsey County Assessor's records) of
the structure of $5,300. The structure is vacant and has been
for some time. At the last Council meeting the council granted
an extension to December 2 to allow the Whitt's attorney to
appear before the Council. It was stated at that time that this
would be the only extension the council would plan on giving.
It is recommended that at this time the building be ordered
demolished. It is also suggested that the Council members view
the premises if there is any doubt as to the dilapidation of the
building.
-2-
H -2* The owner of this business requested that the Council grant
him an extension of time for the fulfilling of the conditions
of his building permit due to the fact that he stated that he
was being delayed by an application to the State Highway
Department which he stated that he had filed. He was asked
to appear at the December 2 meeting to show proof that he had
made such application and that the permit had not been issued.
We have been in contact with the State Highway Department and
have been informed verbally that no such application has been
received by that agency. Written confirmation of this con-
versation will be forthcoming. The business in question has
not met the conditions regarding outside landscaping treatment
and screening requirements. It would now appear that this work
cannot be done. It is recommended that the owner be required
to put up a substantial performance bond in lieu of completing
the work.
H -3 ** We have been informed verbally by the McGlynn - Garmaker
Company that it is now no longer interested in proceeding with
the Forest Green Phase II project. This raises the question
of the necessity of proceeding with the Forest Green improve-
ment project in its entirety. We have been advised that Mr.
Fred Moore will be furnishing us with a written statement as
to his intentions and wishes in the area. The shirt -- sleeve
session is scheduled for this purpose tonight (Tuesday).
H -4* A valid petition for the construction of a watermain on Prosperity
Road between Sandhurst and Laurie was received by the council
and a feasibility study ordered. A copy of the feasi- bility
study is enclosed. The feasibility report recommends that the
project be extended from the corner of Prosperity and Sandhurst
west to Germain. This will alleviate the deadend problem And
provide water service to those people on Sandhurst Avenue. The
estimated cost per assessed foot for the project as outlined in
the petition would be $8.75 per foot as compared to $7.85 per
foot if the project is carried out in accordance with the
feasibility study. A hearing date of January 6 is recommended.
H' -5 ** At the last meeting the staff was asked to check to see if the
deferred assessment of R. C. Steingarber for the property at
2648 E. Minnehaha was continued. The deferred assessment was
not continued. Mr. Steingarber received proper legal notice
of the hearing on his deferred assessment and took no action
to request a continuation at the proper time. The assessment
has now been certified to the County Auditor and can therefore
no longer be deferred. It is again recommended that his request
be denied.
H -6 ** This ordinance is up for final adoption.
H -7* Final payment on the Cope Avenue project (69 - -23) is recommended.
The cost of this project ran over that originally anticipated.
I asked the representatives of the consulting engineers to
provide an explanation of the additional cost. The explanation
is enclosed for your information.
-3-
H -8* Authority is requested to replace a sanitary sewer line in
the area of the Beam Avenue pond. The sewer line is in bad
shape and it is estimated that the infiltration of ground
water is great in the line. Replacement of the line is
recommended in that it is felt that the evential savings from
infiltration will more than pay for the line itself. Authority
to negotiate the price of the line with the contractor of the
Beam Avenue project is requested. It is estimated that the
cost of the replacement of the line will be approximately $36,500.
I -1* A letter from Mrs. Dennis J. Larson of 501 Farrell Street re-
questing that the Village Council do something about the
school crossing at Brook Street and Highway 120. It is rec-
commended that the Council recommend to the Minnesota Highway
Department that "School Crossing" signs be placed at reason-
able distances north and south of Brook Street on Highway 120.
I -2* The applicant, Dr. Jerome Rauf_er proposes to build a laundry/
cleaners facility immediately behind and north of his build-,
ing located at 2721 Upper Afton Road. The structure is pro-
posed to be single story with 1800 square feet of area with
a breakoff block and a mansford roof the same as the build-
ing located at 2721 Upper Afton. This building will not be
located on a public right -of -way and will require a private
easement for connection to the public street. The staff rec-
commendation will be forthcoming.
I -3* These two buildings are both in dilapidated condition and it
is recommended that the Council order the buildings demolished
and the expense charged back to the property owners as per the
Village Code. The first building is owned by Richard Anderson
and the second by Ban Con, Inc. Official notice was given to
both owners on October 19, 1971, and no response has been
given by either owner. The Village Attorney is reviewing the
proper legal procedures for this process and will have a report
at the meeting.
I -4* Dumping has occurred at this location on the property formerly
owned by Mr. Bradac and now under the ownership of the Colons.
A dumping permit was not issued, and the types of materials
being dumped are not considered proper. The owners have been
given adequate notice, and authorization is sought to order
the nuisance abated in accordance with Village Ordinance.
I -5* The Carver General Repair Agency was issued a building permit
with conditions earlier in the year and has now occupied the
new structure in violation of the Building Code without
obtaining an occupancy permit and without complying with the
Council's conditions which were attached to the building plan
approval. The building has consequently been red - tagged. It.
should be noted that there has been no final inspection of
any of the structural members, electrical or mechanical heat-
ing of the building, and that there has been no compliance as
to the finishing of the site regarding asphalt paving, land-
scaping and grading and screening as required by the Council.
�C
The building is presently being occupied and used by the
owners in violation of the Code and the red tag is being
ignored. It is suggested that the owners be asked at the
meeting to give reasons why they have not (1) carried out
the conditions of the building permit which were ordered
by the Council, (2) called for a final inspection and (3)
ceased utilizing the building when so ordered by the Village.
It is also suggested that if the Council determines that
time should be given to comply with some of the outside
treatment requirements, a minimum performance bond of $2500.
should be required with a completion date of June 1, 1972.
There appears to be no excuse for extending any time relative
to the internal construction of the building. The owner
should request an immediate inspection of the building and
should be ordered to cease any operations until such time
that final approval has been given to all inspections. We
have attempted to cooperate with the owners and have received
no response from them. We felt that the owners might wish
to respond to the Council. We can take legal action to
enforce the building code provisions and would plan to do
so unless some unusal circumstances arise.
I -6* Mrs. Henning is requesting reconsideration of the decision
not to relocate the fire hydrant to the rear of her home.
A copy of her request is enclosed. The Council had previously
requested information as to the necessity of the fire hydrant
acting as a fire hydrant, and a report from the Eire Marshal
is enclosed which recommends that the fire hydrant in question
be left as is and all ordinances relating to parking and
maintenance be enforced. Mrs. Henning raises no new points
in her request, and it is recommended that her request for
reconsideration be denied.
I -7 Routine.
I -8* I have informed Richard A. Wybierala that he is operating in
violation of the Village Code requirements regarding maximum
rates for refuse collection service. A copy of my letter and
of Mr. Wybierala's response is enclosed. I can see no reason
why Mr. Wybierala should have preferential treatment over all
other refuse collectors in the Village. He should be instruct-
ed to cease charging a rate in excess of the maximum established
by the Village Council. If he refuses,to do so, his license
should be suspended.
I -9 The liquor license request is for the location at which the
Montpetit application was denied and is in the name of
Donald Welligrant (2048 Duluth Ave., Maplewood). A date of
December 16 is recommended for a hearing date. A hearing
date of January 20, 1972 is suggested for both special use
permits.
I -10* Enclosed is a report regarding possible ways of establishing
our new sewer rates. This will be reviewed in a shirt - sleeve
session.
-5-
I -11 Until the Metropolitan Sewer Board took over sewer billing,
the Village of Maplewood paid the City of St. Pau]. for the
effluent of Woodbury and then billed Woodbury for the service.
We have been negotiating with this and other suburbs as to
the final bill to them and hope to have a solution by Thursday
night. The final bill should be somewhere around $55,000.
I -12* Councilman Wiegert has suggested the enclosed resolution be
adopted by the Council.
ADMINISTRATIVE PRESENTATIONS.
The awards for the Fire Prevention poster contest will be
awarded at the opening of the Council meeting. This would
normally be done under the "Visitor Presentation" section;
however, due to the number of public hearings I felt it
desirable to leave them off the written agenda and make the
presentations prior to the beginning of the formal meeting.
A copy of the winners is enclosed.
Building permits have been issued for the three warming houses
being donated by the Maplewood Lions Club and Lionells Club.
Construction is under way at the Edgerton. and Wakefield Park
site. The County has approved the plans for Wakefield Park
in concept.
Three thousand flyers are .being distributed through schools
advertising the scheduled December 9 public hearing schedule
for John Glen Junior High School regarding the interchange
locations on TH 36. We are also notifying the State Highway
Department, Ramsey County, the Metropolitan Council, the
Metropolitan Transit Authority, the U. S. Bureau of Public
Roads, the School Board, appointed commissions of the Village,
and community service clubs and groups. A story on the
scheduled hearing has already appeared in the Review, and it
is my understanding that the Dispatch will carry a story in
the East Side section on December 7.
Action is being taken to alleviate the dumping problem on the
Olson property after the ten day grace period elapsed.
The dilapidated structure declared by the Building Official
and located on Keller Parkway between Kohl-man and Gervais
Lakes (earlier rezoned by the Council from BC to R -1) has
now been demolished through fire training exercise conducted
on Saturday, November 20.
-6_.
MINUTES OF MAPLEWOOD VILLAGE COUNCIL
7:30 P.M., Thursday, December 2, 1971
Council Chambers, Municipal Building
Meeting No. 71 - 48
Fire Marshal Al Schadt presented awards to the winners of the annual Minnesota
State Fire Chiefs Fire Prevention Poster Contest.
East County Line Fire District
1st Place Jill Reedy, Carver School
2nd Place Randy Olin, Gethsemane School
Gladstone Fire District
1st Place Cathy Brand, Gladstone School
2nd Place Teresa Tunell, Harmony School
Parkside Fire District
1st Place Michael Mazanec, Edgerton School
2nd Place Kathleen Conway, St. Jerome's School
First Place winners received $20.00 cash awards and Tonka Toy Aerial Trucks.
Second Place winners received $10.00 cash awards.
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 7:40
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
None.
D. PUBLIC HEARINGS
1. Street Vacation, Kennard, between Cope Avenue and T.H. 36 (7:30 P.M.)
a. Mayor Axdahl convened the meeting for a public hearing on the vacation
- 1 - 12/2
of Kennard Street between Cope Avenue and T.H. 36. Village Planner
Seida read the notice of hearing along with the publication dates.
b. Manager Miller stated at the time of the approval of the Sheet Metal
Worders Association building permit there was discussion as to the ab-
sence of a public need for Kennard Street, and Council instituted the
public hearing. With the completion of Cope Avenue, Kennard Street, which
was needed for construction road purposes, is no longer of a public need.
It is recommended by the staff that the street in question be vacated with
a condition that (1) the acquiring property owner surrender access of
that property to TH 36 and (2) that said property owner pay the equivalent
of the total assessments which would have been levied to the property had
it not been public right -of -way. The second condition is based upon the
fact that the vacated property will benefit from the improvements and
should not escape paying its fair share simply because it was under public
ownership at the time of the installation of the improvements. The
Manager also read the following Planning Commission statement:
"Commissioner Stolzman moved that the resolution adopted by the Village
Council which instituted the proceedings for the vacation of Kennard
Street be adopted as written and that the Planning Commission recommend
that that portion of Kennard Street described in the resolution be vacated.
Commissioner Mogren seconded. Motion carried. Ayes - all."
c. Mayor Axdahl called for proponents.
Mr. Gerald Sullivan, attorney representing the St. Paul Sheet Metal
Workers, spoke in behalf of the proposed vacation. Mr. Sullivan ob-
jected to the condition of surrendering the access of the property
on T.H. 36, they feel they should have the right to deal with the
Highway Department regarding this 30 feet of land and do request Council
to give this matter serious consideration.
d. Mayor Axdahl called for opponents. None were heard.
e. Mayor Axdahl called for formal objections: None were heard.
f. Following discussion Councilman Haugan introduced the following re-
solution and moved its adoption:
71 - 12 - 277
WHEREAS, the Village Council of Maplewood, Minnesota, acting on its
own initiative, held a_public hearing on the vacating of Kennard Street
between Cope Avenue and Trunk Highway 36, and
WHEREAS, the hearing was preceeded by two weeks published and posted
notice, and
WHEREAS, no one has appeared in opposition to said vacation, and
WHEREAS, it appears for the best interest of the public that said
street be vacated,
- 2 - 12/2
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD,
MINNESOTA that Kennard Street between Cope Avenue and Trunk Highway 36
be and the same are hereby vacated subject to conditions: (1) the ac-
quiring property owner surrender access of that property to Trunk High-
way 36 and (2) that said property owner pay the equivalent of the total
assessments which would have been levied to the property had it not been
public right-of-way—
Seconded by Councilman Wiegert.
Motion carried.
Ayes - Mayor Axdahl, Councilmen
Greavu, Haugan and Wiegert.
Nay - Councilwoman Olson.
Mayor Axdahl stated that the Maplewood Police Cadet Post is, beginning to-
night, to assist at the Council meetings by distributing information at the
door. Their help, concern, time and cooperation is deeply appreciated.
2. Street Vacation - Connor Street, between Duluth Street and T.H. 61 (7:50 P.M.)
a. Mayor Axdahl convened the meeting for a public hearing on the vacation
of Connor Street between Duluth Street and Trunk Highway 61. Village
Planner Seida read the notice of hearing along with the dates of publication.
b. Manager Miller stated this Bearing was initiated by a proper petition
by the adjoining property owner. The Council had previously heard a similar
request in the late 1960's, but acted to table it at that time due to the
uncertain status of the plans for an interchange at County Road C and TH
61. The staff can see no public benefit from continued public ownership
of the right -of -way and feels that the existance of the Connor Street right -
of -way hinders the development of the abutting property. It is therefore
the recommendation of the staff that the Connor Street right -of -way be
vacated as requested. The service drive portion requested for vacation,
on the other hand, does not hinder development and may be of some use to
the Highway Department. It is recommended that this portion of the vacation
be tabled until such time as the Minnesota Highway Department can give its
indications as to the public need for the service drive.
c. Manager Miller read the following Planning Commission recommendations:
" Commissioner Singer moved that the Planning Commission recommend that
the proposed vacation of Connor Street be denied without prejudice until
such time as the interchanges of Highway 61 and County Road "C" and High-
way 61 and Beam Avenue are more clearly defined by the Minnesota Highway
Department. Commissioner Kishel seconded. Motion carried by majority
vote. Opposed: Commissioners Mogren, Stolzman; Abstained: Commissioner
Barrett."
d. Mayor Axdahl asked if anyone in the audience wished to speak in. behalf
of the proposed vacation.
1. Bill Sweeney, attorney representing the Super America stores spoke
in behalf of the proposed vacation. Mr. Jackson, real estate represent-
ative for Super America, showed diagrams of the easements and how it
would be set up by the Highway Department and also ariel photographs
of the property which was purchased by Super America.
- 3 - 12/2
e. Mayor Axdahl asked if anyone wished to speak in opposition to the
proposed vacation. No one was heard.
f. Mayor Axdahl asked if anyone wished to register formal objection to
the proposal. No one was heard.
g. Councilwoman Olson moved denial of
out prejudice, until such time as the
Road "C'.' and Highway 61 and Beam Avenu
Minnesota HiQhwav Deoartmente
Seconded by Councilman Haugan.
Motion carried.
ME
are
Connor
Ayes - Mayor Axdahl, Councilwoman
Olson, Councilmen Haugan and
Wiegert.
Nay - Councilman Greavu.
3. Street Vacation - Hazel Street between Larpenteur Avenue and Price Avenue.
(8:10 P.M.)
a. Mayor Axdahl convened the meeting for a public hearing on the vacation
of Hazel Street between Larpenteur Avenue and Price Avenue. Village Plan-
ner Seida read the notice of hearing along with the dates of publication.
b. Manager Miller stated this hearing was instituted by the Village Council
as a result of discussions at the hearing on the Stanich Highlands Street
improvements. At that time, citizens in the area expressed an interest
in the vacation of this portion of Hazel Street to protect the area from
a future through traffic opening onto Larpenteur. The right -of -way cur-
rently has within its boundaries water and sanitary sewer lines, but the
street is unimproved within the vacation proposal. The staff recommends
that the proposed street vacation be denied due to the fact that (1) it
is presently hindering no one as it is not a traveled street, (2) the area
may possibly be needed for a future storm drainage corridor serving the
Stanich Highland area, (3) the existance of long narrow lots (depth of
over 400 feet) along the north side of Larpenteur will probably result in
the need for redividing and redeveloping in the future and Hazel Street
could be utilized for the extension of a cul -de -sac running east and west
through the mid portions of the long lots, and (4) the present right -of-
way acts as a pedestrian corridor for citizens of the area to enter the
area from the south.
c. Manager Miller read the following Planning Commission recommendation:
"Hazel Street Vacation - Commissioner Kishel moved that the proposed vaca-
tion of Hazel Street not be vacated for the reasons given in the staff
report of the Planning Office.
Commissioner Mogren seconded. Motion carried. Ayes - all."
d. Mr. Tiller, 1961 E. Larpenteur Avenue, stated that he wishes it to be
known that the lots involved are 387 feet deep, not 402 feet as was stated.
e. Mayor Axdahl called for proponents
favor of the proposed vacation.
Mr. Taylor, 1930 Price, spoke in
- 4 - 12/2
f. Mayor Axdahl called for opponents. No one was heard.
g. Mayor Axdahl called for formal objections. There were no objections.
h. Following further discussion, Councilwoman Olson introduced the fol-
lowing resolution and moved its adoption:
71 -12 -278
WHEREAS, the Village Council of Maplewood, Minnesota, acting on its
own initiative, held a public hearing on the vacating of Hazel Street
between Larpenteur Avenue and Price Avenue; and
WHEREAS, the hearing was preceeded by two weeks published notice; and
WHEREAS, no one has appeared in opposition to said vacation; and
WHEREAS, it appears in the best interest of the public that said
street be vacated.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD,
MINNESOTA, that Hazel Street between Larpenteur Avenue and Price Avenue
be and the same s:a hereby vacated subject to the following condition
that a 66 foot utility easement be retained.
Seconded by Councilman Haugan, Ayes - all.
4. Water Improvement - VanDyke Street and Kohlman Avenue (8:30 P.M.)
a. Mayor Axdahl convened the meeting for a public hearing for the con-
struction of water main improvements on VanDyke Street from County Road
C to Kohlman Avenue and on Kohlman Avenue from VanDyke Street to White
Bear Avenue. Village Planner Sieda read the notice of hearing along with
the dates of publication.
b. Manager Miller stated this improvement was petitioned by abutting
property owners, and it involves a watermain on VanDyke from County Road
C to Kohlman Avenue and on Kohlman Avenue from VanDyke to White Bear Ave-
nue. The total estimated cost of the project is $30,800.
c. Village Engineer Collier presented the staff report, showed diagrams
of the area and explained the specifics of the proposed improvement. The
Village share of the improvement would be 457 feet at approximately $8.39
per foot plus 20% of the total cost of the project.
d. Mayor Axdahl called for proponents.
Mr. Bainbridge, 2666 VanDyke, spoke in favor of the proposed improve-
ment.
Mr. Gerald Weekes, 2684 VanDyke questioned the cost of the improvement.
e. Mayor Axdahl called for formal objections. No one was heard.
f. Mayor Axdahl closed the public hearing.
- 5 - 12/2
g. Following further discussion, Councilman Greavu introduced the
following resolution and moved its adoption:
71 - 12 - 279
WHEREAS, after due notice of public hearing on the construction of
water mains on VanDyke Street from County Road C to Kohlman Avenue, Kohl -
man Avenue from VanDyke Street to White Bear Avenue a hearing on said
improvement in accordance with the notice duly given was duly held on
December 2, 1971, and the Council has heard all persons desiring to be
heard on the matter and has fully considered the same;
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 water mains on VanDyke Street from County Road
C to Kohlman Avenue; Kohlman Avenue from VanDyke Street to White
Bear Avenue as described in the notice of hearing thereon, and orders
the same to be made.
2. The Village Engineer, 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 a part of Improvement
Number 71 -21.
Seconded by Councilman Wiegert. Ayes - all.
5. Zone Change (BC to SC) Zayre's Shoppers City (9:15 P.M.)
Delayed to later on the Agenda.
E. AWARDING OF BIDS
1. Sale and Removal of Building
a. Manager Miller stated two bids were received for the purpose and re-
moval of the home located at 2869 White Bear Avenue. This property has
been condemned in conjunction with the Beam Avenue improvement. The high
bid of $1769.00 is recommended. The appraised value of the sale was ap-
proximately $2,000.
b. Councilman Wiegert introduced the following resolution and moved its
adoption:
71 - 12 - 280
BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that
the bid of Semple House Movers, Inc. in the amount of $1769.00 is the
highest responsible bid for the sale and removal of house addressed at
2869 White Bear Avenue, Maplewood, Minnesota, and the Mayor and Clerk are
hereby authorized and directed to enter into a contract with said bidder
for and on behalf of the Village.
Seconded by Councilman Greavu. Ayes - all.
- 6 - 12/2
F. APPROVAL OF ACCOUNTS
Councilman Haugan
100WE430plA
Seconded by Councilman Greavu. Ayes - all.
G. VISITOR PRESENTATIONS
None.
H.` UNIFINISHED BUSINESS
1. Nuisance Building Correction - 1402 Frost Avenue
a. Manager Miller requested that Item H -1 be deleted from the Agenda as
the matter had been taken care of.
b. Councilman Wiegert moved to delete Item H -1 from the agenda.
SecoAddd by Councilman Greavu. Ayes - all.
2. Building Plan Nonconformance - J & W Boats and Motors
a. Manager Miller stated the owner of this business requested that the
Council grant him an extension of time for the fulfilling of the conditions
of his building permit due to the fact that he stated he was being delayed
by an application which he filed to the State Highway Department. He was
asked to appear at the December 2 meeting to show proof that he had made
such application and that the permit had not been issued. The Staff has
been in contact with the State Highway Department and have been informed
verbally that no such application has been received by that agency. Writ-
ten confirmation of this conversation will be forthcoming. The business
in question has not met the conditions regarding outside landscaping treat-
ment and screening requirements. It would now appear that this work can-
not be done. It is recommended that the owner be required to put up a
substantial performance bond in lieu of completing the work.
b. Councilman Wiegert moved that the J & W Boat and Motor Company be re-
cuired to Dost a $2.500.00 Derformance bond by December 16- 1972- and the'
Seconded by Councilman Haugan. Ayes - B11.
D PUBLIC HEARINGS (continued)
5. Zone Change (BC to SC) Zayre's Shoppers' City (9:15 P.M.)
a. Mayor Axdahl convened the meeting for a public hearing on the request
of Zayre's Shoppers' City for Zone Change from BC (Business Commercial) to
SC (Shopping Center). Village Planner Seida read the notice of hearing
along with the dates of publication.
- 7 - 12/2
b, Manager Miller stated this rezoning was initiated by the Council
at the request of the management of Zayre's Shoppers City. The zone change
is desired in order to allow that store to utilize its parking area for
seasonal sales purposes. The existing zoning requires 906 off - street
parking spaces for the stores, whereas the requested zoning would require
only 716 offstreet parking spaces. It should be pointed out that the ex-
isting store and area will not meet the requirements of the S -C district
in several areas. Staff recommends that the proposed rezoning be denied,
due to the fact that the existing shopping area does not suit the intent
of the proposed zone and that the proposed rezoning is simply a method of
avoiding needed parking regulations. Manager Miller read the following
Planning Commission recommendation:
"Commissioner Singer moved that the Planning Commission recommend that the
Zone Change for Shoppers City be granted from B -C to S -C.
Commissioner Mogren seconded. Motion carried by majority vote. Commission-
ers Barrett, Stolzman, and Coombs voting no."
c. Mayor Axdahl called for proponents. None were heard.
d. Mayor Axdahl called for formal objections. The following were heard:
Al Meister, 1745 Frost Avenue
Bruce Peterson, 1907 Price
Mrs. Meister, 1887 E. Larpenteur Avenue
Frank Allen, 1899 E. Larpenteur Avenue
R. H. Massong, 1916 Price Avenue
Phil LaValle, 1906 Price
e. Mayor Axdahl closed the public hearing.
f. Following considerable discussion, Councilwoman Olson moved to suspend
the rules to re -open the public hearing.
Seconded by Councilman Wiegert. Ayes - all.
g. Mr. Mel Roth, Zayre's Shoppers City spoke on behalf of the zone change.
h. Village Attorney Lais gave his legal opinion on specific locations for
specific types of operations, such as tent sale, garden sale, etc. It
would have to be granted in the form of a permanent variance. Council would
have to specify certain times of the year when Shoppers' City couldn't use
these locations, such as pre - Christmas, etc. It is suggested that members
of the staff be given time to give this some thought and for Mr. Roth to
submit a proposal of the times and places he would like the variance for.
i. Councilman Wiegert
the proposal from Shop
Mr. Roth and the Staff
Seconded by Councilman Creavu.'
H. UNFINISHED BUSINESS (continued)
until such a date as
Ayes - all.
- 8 - 12/2
3. Planned Unit Development (Forest Green)
a. Manager Miller stated the Staff has been informed verbally by the
McGlynn - Garmaker Company that it is now no longer interested in proceed-
ing with the Forest Green Phase II project. This raises the question
of the necessity of proceeding with the Forest Green improvement project
in its entirety. Staff has been advised that Mr. Fred Moore will be
furnishing us with a written statement as to his intentions and wishes
in the area. Manager Miller read the letter from Mr. Moore.
b. Mr. Crouch, attorney representing Mr. Moore, stated Forest Green
does need the road now and Hill High School does not, but if the school
property is developed, access to the roadway will be necessary. He
further stated that at the time the school property gains access to the
roadway, they would have to bear their fair share of costs for construct-
ion of that roadway.
c. Village Attorney Lais stated an agreement could be worked out be-
tween Hill High School and Mr. Moore as to when Hill High, or its success-
ors, would be obligated to make payment to Mr. Moore, or his successors,
of their equitable share of this improvement.
dw Councilman Wiegert moved to refer to Staff the question of utilities
in Beebe Road and the construction of Beebe Road.
Seconded by Councilman Greavu. Ayes - Mayor Axdahl, Councilmen Greavu,
Haugan and Wiegert.
Nay - Councilwoman Olson
Motion carried.
Councilwoman Olson stated this action should not be misconstrued as an
extension of time for the Forest Green development; there is still a
binding June 1, 1972 agreement and not another time extension.
A representative from J & W Boatworks asked what had happened in regard to
Item H -2 (Building Plan Nonconformance - J & W Boats and Motors). Manager
Miller recapped for him what had happened in this regard.
Councilwoman Olson moved to suspend the rules to hear Items I -5 6 and 8 at
this time.
Seconded by Councilman Wiegert. Ayes - all.
I, NEW BUSINESS
5. Building Plan Nonconformance - Carver General Repair (2730 Highwood Ave.)
a. Manager Miller stated the Carver General Repair Agency was issued a
building permit with conditions earlier in the year and has now occupied
the new structure in violation of the Building Code without obtaining an
occupancy permit and without complying with the Council's conditions which
were attached to the building plan approval. The building has consequently
been red- tagged. It should be noted that there has been no final inspection
- 9 - 12/2
of any of the structural members, electrical or mechanical heating of
the building, and that there has been no compliance as to the finishing
of the site regarding asphalt paving, landscaping and grading and screen-
ing as required by the Council. The building is presently being occupied
and used by the owners in violation of the Code and the red tag is being
ignored. It is suggested that the owners be asked at the meeting to give
reasons why they have not (1) carried out the conditions of the building
permit which were ordered by the Council, (2) called for a final inspection
and (3) ceased utilizing the building when so ordered by the Village. It
is also suggested that if the Council determines that time should be given
to comply with some of the outside treatment requirements, a minimum per-
formance bond of $2500 should be required with a completion date of June
4 1972. There appears to be no excuse for extending any time relative
to the internal construction of the building. The owner should request
an immediate inspection of the building and should be ordered to cease
any operations until such time that final approval has been given to all
inspections. Staff has attempted to cooperate with the owners and have re-
ceived no response from them. It was felt that the owners might wish to
respond to the Council. Legal action to enforce the building code provis-
ions can be taken.
b. Mr. Carver spoke in his behalf and explained the situation and Just
what he had done so far, and also that he intends to finish as soon as
he in financially able.
c. Councilman Greavu moved to extend the time to July 1, 1972 to take
Seconded by Councilman Wiegert. Ayes - all.
6. Reconsideration Request - Relocation of Fire Hydrant.
a. Manager Miller stated Mrs. Henning is requesting reconsideration of
the decision not to relocate the fire hydrant to the rear of her home.
A copy of her request is enclosed. The Council had previously requested
information as to the necessity of the fire hydrant acting as a fire hydrant,
and a report from the Fire Marshal is enclosed which recommends that the
fire hydrant in question be left as is and all ordinances relating to park-
ing and maintenance be enforced. Mrs. Henning raises no new points in
her request, and it is recommended that her request for reconsideration be
denied.
b. Mayor Axdahl asked if anyone wished to move for reconsideration. No
one wished to make such a motion. The previous action stands.
8. Refuse Collection Rates - Poor Richard
a. Manager Miller stated he had informed Richard A. Wybierala that he
is operating in violation of the Village Code requirements regarding
maximum rates for refuse collection service. A copy of his letter and
of Mr. Wybierala's response was sent to Council. Manager Miller stated
- 10 - 12/2
he can see no reason why Mr. Wybierala should have preferential treatment
over all other refuse collectors in the Village. He should be instructed
to cease charging a rate in excess of the maximum established by the Vil-
lage Council. If he refuses to do so, his license should be suspended.
b. Mr. Wybierala spoke on his behalf.
C. Councilwoman Olson moved to set a hearing date of December 16 regard-
ing the suspension of Poor Richards, Inc. license and that Mr. Wybierala
be allowed to operate under the rates as stated in the ordinance until
the time of the hearin5z.
Seconded by Councilman Haugan. Ayes - all.
d. Staff was instructed to review the specifications for a hearing on
setting new rubbish hauling rates and to report back at the next meeting.
e. Manager Miller stated that he would like the record to show that Mr.
Wybierala has been notified verbally at this meeting that the hearing will
be held on December 16, 1971 at 9:00 P.M., in regard to the suspension
of his license on the basis of the violations outlined in the Manager's
certified letter to him dated November 12, 1971.
Mayor Axdahl called for a five minute recess.
Mayor Axdahl reconvened the meeting at 11:50 P.M.
H. UNFINISHED BUSINESS (continued)
4. Water Improvement (Prosperity) - Feasibility Report.
a. Manager Miller stated a valid petition for the construction of a water -
main on Prosperity Road between Sandhurst and Laurie was received by the
council and a feasibility study ordered. A copy of the feasibility study
is submitted. The feasibility report recommends that the project be ex-
tended from the corner of Prosperity and Sandhurst west to Germain. This
will alleviate the deadend problem and provide water service to those peo-
ple on Sandhurst Avenue. The estimated cost per assessed foot for the pro-
ject as outlined in the petition would be $8.75 per foot as compared to
$7.85 per foot if the project is carried out in accordance with the feas-
ibility study. A hearing date of January 6 is recommended.
b. Councilwoman Olson introduced the following resolution and moved its
adoption:
71 - 12 - 281
WHEREAS, the Village Engineer for the Village of Maplewood has been
authorized and directed to prepare preliminary plans for the improvement
of Prosperity Road from Laurie Road to Sandhurst Drive; Sandhurst Drive
from Germain Street to Prosperity Road by construction of water mains and
appurtenances, and
WHEREAS, the said Village Engineer has prepared the aforesaid prelimin-
ary pland for the improvement herein described:
- 11 - 12/2
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. The report of the Village Engineer adivsing this Council that
the proposed improvement on Prosperity Road from Laurie Road to
Sandhurst Drive; Sandhurst Drive from Germain Street to Prosper-
ity Road by construction of water mains and appurtenances is feas-
ible and should best be made as proposed, is hereby received.
2. The Council will consider the aforesaid improvement in accord-
ance with the reports and the assessment of benefited property
for all or a portion of the cost of the improvement according to
M.S.A. Chapter 429, at an estimated total cost of the improvement
of $42,995.00.
3. A public hearing will be held in the Council Chambers of the
Village Hall at 1380 Frost Avenue on Thursday the 6th day of Jan-
uary, 1972, at 7:45 P.M. to consider said improvement. The notice
for said public hearing shall be in substantially the following form:
NOTICE OF HEARING
OF WATER IMPROVEMENT
TO WHOM IT MAY CONCERN:
WHEREAS, the Village Council of the Village of Maplewood, Ramsey County,
Minnesota, deems it necessary and expedient that the improvement hereinafter
described, be made,
NOW, THEREFORE, notice is hereby given that the Village Council will
hold a public hearing on said improvement at the following time and place
within the said Village:
Date and Time: January 6, 1972 at 7:45 P.M.
Location: Council Chambers of the Village Hall
1380 Frost Avenue
The general nature of the improvement is the construction of water
mains and appurtenances in the following described area:
Prosperity Road from Laurie Road to Sandhurst Drive;
Sandhurst Drive from Germain Street to Prosperity Road
The total estimated cost of said improvement is $42,995.00
It is proposed to assess every lot, piece or parcel of land benefited
by said improvement whether abutting thereon or not, based upon benefits
received without regard to cash valuation.
Persons desiring to be heard with reference to the proposed improvement
should be present at this hearing.
This Council proposes to proceed under the authority granted by Chapter
429 M.S.A.
- 12 - 12/2
Dated this 6th day of December, 1971.
BY ORDER OF THE VILLAGE COUNCIL
Mrs. Lucille E. Aurelius
Village Clerk
Seconded by Councilman Wiegert. Ayes - all.
5. Deferred Assessments
a. Manager Miller stated that at the last meeting the staff was asked to
check to see if the deferred assessment of R.C. Steingarber for the property
at 2648 E. Minnehaha was continued. The deferred assessment was not con-
tinued. Mr. Steingarber received proper legal notice of the hearing on
his deferred assessment and took no action to request a continuation at
the properttime. The assessment has now been certified to the County
Auditor and can therefore no longer be deferred. It is again recommended
that his request be denied.
b. Councilman Haugan moved denial of the
it has already been certified and is bein
Seconded by Councilman Greavu. Ayes - all.
6, Ordinance No. 302 - Driveway Regulations (Second Reading)
6Sq
a. Manager Miller presented the ordinance regarding driveway regulations
for final approval.
b. Councilwoman Olson introduced the following ordinance and moved its
adoption:
ORDINANCE NO2, 302
1503.010 Purpose. The purpose of this ordinance is to establish certain
optimum design specifications for driveways providing a means of ingress to and
egress from private property located along and adjacent to the right of way of
the street system of the Village of Maplewood.
1503.020. Scope. The scope of this ordinance is confined within the frame-
work of and intended to be consistent with Minnesota Statutes 1969, Section
160.18, Subd. 3.
1503.030. Definitions. For the purpose of these regulations the terms
shall have the meanings given them:
(1) District and street classification. In the absence of an established
classification by local authorities, the following definitions shall govern.
(a) Urban district. Urban district means those properties contiguous
to the street system of the Village of Maplewood, including any street,
that are built up with structures devoted to business, industry, or dwell -
ing houses where such structures are situated at intervals of less than one
hundred (100) feet for a distance of one quarter (k) of a mile or more.
- 13 - 12/2
(b) Rural district. Rural district means all other
locations not meeting the urban district definition.
(c) Major street. Any road that has an average annual daily traffic
volume of fifteen hundred (1500) vehicles or greater.
(d) Minor street. Any road that has an average annual daily traffic
volume less than fifteen hundred (1500) vehicles.
(2) Frontage. The length along the street right of way line of a single
property tract between the edges of the property. Corner properties have a
separate frontage along each highway, street or road.
(3) Frontage boundary line (F.B. Line). A line normal to the highway
centerline, at each end of the frontage, extending from the right of way line
to the edge of the traveled way.
(4) Buffer area. Buffer area is the area along the frontage between the
traveled way and the right of way and within the frontage boundary lines.
(5) Driveway Width (W). Driveway width is measured normal to the drive-
way at the narrowest point (between parallel edges). The widths shown in-
clude surface, shoulders, and /or gutters. (See Table 1)
(6) Corner clearance (C). At an intersecting highway, street, or road,
corner clearance is the dimension measured along the edge of the traveled
way between the frontage boundary line opposite the intersection of the two
right of way lines and the tangent projection of the nearest edge of the
driveway.
(7) Driveway angle (Y). Angle Y is the angle of 900 or less between
the driveway centerline and the edge of the traveled way.
1503;040. Permits required. Authorization to construct or alter a drive-
way shall consist of a permit duly issued by the Public Works Department of
the Village of Maplewood. No driveway shall be constructed from or to a street
until such permit has been obtained and supplemented by those permits that may
be required by other governing authorities.
1503.050. Driveway layouts. As a part of the permit application, a drive-
way layout of the property and proposed driveway(s) shall be submitted to the
Public Works Department. The driveway layout shall include buildings or pro-
posed buildings and any other relevant present or planned appurtenances that
would affect the traffic pattern. Driveway layouts shall be drawn to the scale
of twenty (20), thirty (30), or fifty (50) feet per inch. Such driveway lay-
outs shall be drawn in black ink and attached to the permit application form.
Driveway layouts may be diazo prints, but not pencil sketches. Photographs
are not acceptable as a substitute for a driveway layout, but may accompany
a driveway layout for illustrative purposes.
1503.060. Street classification. The street definitions listed above
shall be used by the Public Works Department to classify the streets, or roads,
and they shall pertain to the existing environmental conditions of the property
site under consideration on the date of application for the permit to construct
or alter a driveway. In urban districts where present traffic counts indicate
- 14 - 12/2
a minor street, with near future traffic volumes predicting a major street,
the major street classification shall be used by the Public Works Department.
1503.070. Driveway dimensions & profile. The recommended, minimum, or
maximum driveway dimensions for the property site along a street are set forth
in Table 1. In all cases, the driveway must accommodate the types of vehicles
using it.
The vertical profile of a driveway shall meet the criteria established
herein.
(1) No Highway Edge Curb (Cut Section)
(aa) From the edge of the traveled way or pavement to the outer
edge of the shoulder, the vertical profile shall be the same as the
pitch of the shoulder.
(bb) From the outer edge of the shoulder to the low point at the
ditch line (or over a culvert) the maximum allowable downard gradient
shall be eight (8) percent.
(cc) Beyond the ditch line (or culvert) the maximum allowable gradient
shall be eight (8) percent for commercial driveways and fifteen (15)
percent for other driveways.
(2) No Highway Edge Curb (Fill Section)
(aa) From the edge of the traveled way or pavement to the outer edge
of the shoulder, the vertical profile shall be the same as the pitch
of the shoulder.
(bb) Beyond the outer edge of the shoulder, the maximum allowable
gradient shall be eight (8) percent for commercial driveways and fif-
teen (15) percent for other driveways.
(3) With Highway Edge Curb
(aa) The driveway profile shall slope upward from the gutter to meet
the sidewalk, if any, or to a minimum height equal to the curb height,
with a maximum difference between the downward cross slope of the
traveled way or pavement and the upward slope of the driveway to equal
ten (10) percent.
(bb) Beyond outer edge of sidewalk or equivalent, the maximum allow-
able gradient shall be eight (8) percent for commercial driveways and
fifteen (15) percent for other driveways.
1503.080. Corner clearance. The minimum dimensions for corner clearances
are listed in Table 1. The Public Works Department shall determine if the
presence of bus stops, separate turning lanes, skew or complex intersections,
unusually wide roadway or heavy traffic generators warrants greater corner
clearances.
1503.090. Driveway angle. Driveway angle "Y" shall not be less than
- 15 - 12/2
sixty (60) degrees where two -way vehicular traffic is anticipated. Angles
between sixty (60) degrees and forty -five (45) degrees are acceptable for one -
way vehicular traffic where no pedestrian conflict exists.
1503.100. General.
(1) In the event of a change in land use or major change in the
traffic pattern of the existing facility, existing driveways are not auto-
matically perpetuated and new driveway access applications shall be sub-
mitted.
(2) If the terms of the permit are violated, or if the Public Works
Department determines that continuance of a driveway access is particularly
hazardous, he may, under the authority vested in him by law, revoke the
access.
(3) No part of the right of way of a street may be used for servic-
ing of vehicles or the conduct of private business.
(4) The area between driveways shall be so constructed or improved
that traffic on the street and on the property will in fact be separated.
In platted areas where a sidewalk extends to the property line, a curb is
required at least four (4) inches wide and four (4) inches high above the
sidewalk along the inside edge of the lot line and extending for at least
the full distance in front of the gasoline pump island or vending stand.
Where no sidewalk exists, this traffic separation may be obtained by the
planting of a hedge or the construction of an island. Such an island or
planting can only be placed on the right of way under permit from the Public
Works Department.
(5) A variance from the standards set forth in this regulation may
be allowed by the Public Works Department when the variance will facilitate
the safe, efficient use of the property for a lawful purpose and will not
interfere with the construction, maintenance or safe and efficient use of
the street and its appurtenances by the public.
Seconded by Councilman Haugan. Ayes - all.
7. Street Improvement (Cope Avenue) - Final Payment
a. Manager Miller stated final payment on the Cope Avenue project (69 -23)
is recommended. The cost of this project ran over that originally,antic-
ipated. Manager Miller explained the reasons for the additional costs.
b. Councilman Greavu introduced the following resolution and moved its
adoption:
71 - 12 - 282
WHEREAS, pursuant to a written contract signed with the Village on
October 14, 1970, J.A. Danen & Son, Inc. has satisfactorily completed
Village Project 69 -23 (Cope Avenue) in accordance with such contract;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD,
- 16 - 12/2
MINNESOTA, that the work completed under such contract is hereby accepted
and approved; and
BE IT FURTHER RESOLVED, that the Village Clerk and Mayor are hereby
directed to issue a proper order for the final payment on such contract,
taking the contractor's receipt in full.
Seconded by Councilman Haugan. Ayes - all.
8. Street Improvement (Beam Avenue) - Sanitary Sewer
a. Manager Miller stated authority is requested to replace a sanitary
sewer line in the area of the Beam Avenue pond. The sewer line is in bad
shape and it is estimated that the infiltration of ground water is great
in the line. Replacement of the line is recommended in that it is felt
that the eventual savings from infiltration will more than pay for the line
itself. Authority to negotiate the price of the line with the contractor
of the Beam Avenue project is requested. It is estimated that the cost
of the replacement of the line will be approximately $36,500.
b. Councilman Greavu moved to authorize staff to proceed to negotiate
with the contractor to replace the sanitary sewer line in the area of
I_:SM:M
to
not satis
Seconded by Councilman Haugan. Ayes - all.
I. NEW BUSINESS (continued)
1. Request for Sign - Highway 120 and Brook Street
a. Manager Miller stated he had received a letter from Mrs. Dennis J.
Larson of 501 Farrell Street requesting that the Village Council do some-
thing about the school crossing at Brook Street and Highway 120. It is
recommended that the Council recommend to the Minnesota Highway Department
that "School Crossing" signs be placed at reasonable distances north and
south of Brook Street on Highway 120.
b. Councilwoman Olson introduced the following resolution and moved its
adoption:
71 - 12 - 283
WHEREAS, a significant number of children residing in the Village
of Maplewood attend Tartan High School, located in the Village of Oak-
dale, and
WHEREAS, said children cross Trunk Highway 120 (Century Avenue) at
Brooks Street during peak traffic hours both in the morning and evening,
and
WHEREAS, the parents of ;foray of the students have petitioned for
signing of this intersection as a "School Crossing ",
- 17 - 12/2
NOW, THEREFORE, BE IT RESOLVED THAT THE VILLAGE COUNCIL OF MAPLEWOOD,
MINNESOTA does hereby request the Minnesota Highway Department to install
appropriate signing on Trunk Highway 120 (Century Avenue) at Brooks Street
to establish a "School Crossing" zone.
Seconded by Councilman Greavu.
Ayes - all.
2. Building Plan Review - 2721 Upper Afton Road
a. Manager Miller requested that Items I -2,3 and 4 be deleted from the
agenda. Item 2 - the owner of the property could not attend the meeting;
Item 3 the necessary work has been completed; (b) 1295 Century Avenue -
a building permit has been taken out to demolish the building; Item 4 -
Nuisance Abatement - Unauthorized Dumping (northwest corner of Cope Avenue
and White Bear Avenue) a permit has been obtained for grading of the prop-
erty.
b. Councilman Wiegert moved to delete Items I -2, 3 and 4 from the agenda.
Seconded by Councilman Greavu.
Ayes - all.
C. After considerable discussion, Councilwoman Olson moved to refer the
matter of fill and fill permits to the staff for their recommendations.
Seconded by Councilman Wiegert. Ayes - all.
7. Lot Divisions
a. Manager Miller requested this item be deleted.
b. Councilwoman Olson moved to delete Item I -7 from the agenda.
Seconded by Councilman Wiegert. Ayes - all.
9. Hearing Dates
a. Liquor License - 2220 White Bear Avenue
1. Manager Miller stated the liquor license request is for the location
at which the Montpetit application was denied and is in the name of
Donald Welligrant (2048 Duluth Avenue, Maplewood). A date of December
16 is recommended for a hearing date.
2. Councilman Greavu moved to set December 16
hearine date for the liauor license anDlicatio
Seconded by Councilman Wiegert.
Ayes - all.
b. Special Use Permit - north of County Road C and East of Hazelwood
Street,Excavation
1. Councilman Greavu moved to set January 20, 1972 as the date to
hold the public hearing for the Special Use Permit - Excavation -
located in the aren . north of Conntv Road C and east of Hazelwood Street
Seconded by Councilman Haugan. Ayes - all.
- 18 - 12/2
c. Special Use Permit (County Road D) Electric Power Sub - Station
1. Councilman Greavu moved to set a hearing date of January 20, 1972
for the Special Use Permit to construct an Electric Power Sub - Station
Seconded by Councilman Haugan. Ayes - all.
10. Sewer Charge
a. Manager Miller requested guidance from the Council and authority to
proceed with the setting of sewer rates. There are two alternatives that
the Village could proceed with.
(1) Under the sewer billing system, the Village has approximately
$186,000.00 which can be classified as debt service as far as a tax
levy is concerned. Staff indicated to the Council that $100,000 in
property tax should be levied to supplement the sewer billing system,
(2) For 1972 billing, it is impossible to base the sewer charge on
on water usage, but hope in 1973 this procedure could be started, so
rates could be set using;$100,000 tax levy and a flat charge for sewer
rental.
b. Councilman Wiegert moved the alternative of not levying the $100,000
tax levy, but not paying it at all, letting the sewer board pay it lust
present the alternatives and also staff to negotiate with 3M to collect
on monies for last half of this vear for sewer rental-in the neighborhood
Seconded by Councilman Greavu. Ayes - all.
11. Sewer Bill - Woodbury
a. Manager Miller stated that until the Metropolitan Sewer Board took
over sewer billing, the Village of Maplewood paid the City of St. Paul
for the effluent of Woodbury and then billed Woodbury for the gervice.
Staff has been negotiating with them and other suburbs as to the final
bill. $75,081.22 is the amount that Staff has figured Woodbury should
be billed for the years 1967 thru 1970. Staff recommends Council approve
this amount.
b. Councilman Greavu
in the amount of $75,
Seconded by Councilman Wiegert.
12. Resolution - Moose Lodge 963
the sewer service bill to
Ayes - all.
a. Councilman Wiegert proposed a resolution recognizing the Moose Lodge's
action of compliance with the Village discrimination ordinance. They have
been criticized for doing what they were asked to do. This resolution, if
passed, is- to be furnished to Channel 4 and 5 and also to the newspapers.
b. Councilman Wiegert introduced the following resolution and moved its
adoption:
- 19 - 12/2
71 - 12 - 284
WHEREAS, the Maplewood Moose Lodge #963 has chosen to eliminate
certain objectionable clauses from its membership application, and
WHEREAS, the Maplewood Moose Lodge #963 has previously on many
occasions demonstrated a high level of civic responsibility,
NOW, THEREFORE, BE IT RESOLVED THAT THE VILLAGE COUNCIL OF MAPLEWOOD,
MINNESOTA wishes hereby to recognize and publicly commend the Maplewood
Moose Lodge #963 for its good citizenship.
Seconded by Councilman Greavu. Ayes - all.
13. V. F. W. Post 8901
a. Manager Miller presented a resolution regarding the V.F.W. 25th An-
niversary ceremonies.
b. Councilman Greavu introduced the following resolution and moved its
adoption:
71 - 12 - 285
WHEREAS, during October 1946, a group of Veterans and their wives
met and organized Veterans of Foreign Wars Post and Auxillary #8901 in
this community, and
WHEREAS, they named this Post in honor of a young man from the com-
munity, Lawrence Kaiser, who had given the full measure of his life to
service of his country in the European Theater of Action during World
War II, and
WHEREAS, Lawrence Kaiser Post and Auxillary are dedicated to veteran's
causes, insuring veteran rights and helping Americans remember the sac-
rifices of their departed comrades. Post 8901 is also dedicated to com-
munity enrichment by participating in community activities. Members are
committeemen and workers in several area organizations such as the Maple-
wood Fall Festival, Ramsey County Fair Board, Veteran's Hospital, blood
programs and area youth groups and many others.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD,
MINNESOTA, does hereby commenjJ for its dedication to these principals
and endeavors, the Lawrence Kaiser V.F.W. Post #8901 on the celebration of
its 25th anniversary on Saturday evening, December 4, 1971.
Seconded by Councilman Wiegert. Ayes - all.
The Mayor will present the resolution to the organization on Saturday evening.
J. COUNCIL PRESENTATIONS
1. Mayor Axdahl presented a copy of a notice for a meeting with the State
Tax Department on December 7th at the Village Hall.
Staff will be present.
- 20 - 12/2
2. Mayor Axdahl asked about possible meeting nights.
Manager Miller stated he suggests Council set a hearing for adoption of .
the 1972 Budget for December 14, 1971, the night before it must be
certified.
Councilman Greavu moved to meet on December 14 at 7:30 P.M.
Seconded by Councilman Wiegert.
Ayes - all.
3. Manager Miller suggested the night of December 8 at 7:30 P.M. for a shirt
sleeve session on taxes in general and also sewer rates.
4. Mayor Axdahl stated there is, on January 3, 4, 5, 6 and 7, hearings for
the Pollution Control Agency; he presumes some of the Staff will attend at
the Armory at 10:00 A.M.
5. Mayor Axdahl also stated there has been publicity in the newspapers the
last few days regarding Highway 212. He is a little disgusted to find out we
are the last to be involved. Is there anything we can do.
Ray Hite have a summary of what had transpired the past few days with the
Highway Department. He is going to be meeting tommarrow at 12:30 and should
know something by next Council meeting.
6. Mayor Axdahl stated that Saturday, all day, from 9 A.M. to 4:30 P.M.
there is a conference on Snowmobiles and the Environment, at Macalaster Col-
lege.
7. Councilman Wiegert questioned if there was a response needed to the League
of Women Voters. Mayor Axdahl suggested perhaps we respond to it at the next
meeting.
8. Councilwoman Olson stated she received a phone call from a lady at Beaver
Lake Estates regarding the broken sewer connection under her trailer. This is
apparently not the first time this has happened and the sewer just runs on
the ground.
Considerable discussion followed. The Plumbing Inspector and the Health
Officer were instructed to go out and inspect this, but the responsibility to
repair this lies with the mobile park owner. The occupant has legal recourse
as it is a civil matter.
Attorney Lais stated that staff is working on a Mobile Home Park Ordinance.
9. Councilman Haugan stated he had received a phone call from Frances Dreaw-
ves of the Planning Commission and he stated he will be sending a letter to the
Planning Commission announcing that he is going to be resigning as of the first
of the year.
L. ADJOURNMENT
1:00 A.M.
City Clerk
21 - 12/2
PART I
FEES - SERVICES - EXPENSES
DECEMBER
2, 1971
.ACCOUNTS
PAYABLE
ITEM•NO.
CHECK NO.
CLAIMANT
PURPOSE
AMOUNT
1.
14812
Insty - Prints
Printing $
21.25
1,570.74
2.
14813
Minn. State Treas.PERA
11/5/71 remittance
2,484.00
3,
14814
Minn. State Tr.eas.PERA
11/5/71 remittance
4,
14815
14816
I.U.O.E.
City and County Credit Union
Nov. Union dues
11/19/71 remittance
1,147.50
5,
6.
14817
Eric Blank
Registration
48.00
7,
14818
Minn. Hospital Service Assoc.
October remittance
3,150.75
8.
14819
Minn. Park & Rec. Assoc.
Registration
Fed.W /H tax 11/19/71
33.75
3,807.64
9,
144820
14821
First State Bank-St-Paul
Minn. State Comr. Taxation
State W/H tax 11/19/71
1,631.58
10.
11.
14822
Minn. State Treas. PERA
11,19/71 remittance
1,608.91
12,
14823
Minn. State Treas. PERA
11/19/71 remittance
2,490.61
1,033.14
13.
14824
Xerox
October useage
163.39
14,
14825
Brady Margulis Co.
Supplies
11.10
15,
14826
Gladstone Lumber Mart
Supplies
35.76
16.
14827
McClain Hedman Schuldt
Supplies
4.08
17.
14828
McClain Hedman Schuldt
Supplies
35.00
18,
14829
Intern.Communi.cation Service
Supplies
10.9s
19.
14830
The Automotive Index
Subscription
58,5
20.
14831
A. C. Upholstering Co.
Upholstering chair
178.7
21.
14832
James Phillips
Supplies
24.90
22,
14833
Olson Graphic Products
Supplies
- supplies
27.50
23.
14834
Mason Publishing
Fee service
8.34
24.
14835
MB Supplies Co.
Supplies
285.69
25,
14836
Ashbach Aggregates
Materials
237.04
26.
1.4837
14838
Cargill Inc.
North American Safety Corp.
Sand
Sign materials
448.91
27,
28,
14839
Midway Ford
Repairs
43.20
5.17
29.
14840
Board of Water Comm
Maintenance
3.00
30.
14841
Fleet Supply & Machine Co.
Parts
Sign materials
357.50
31,
14842
Gopher Stamp and Die
1.58.50
32.
14843
Weber & TrosOth Inc,.
Equipment
3.50
33.
14844
Calif.Assoc. Park & Rec. Cromrs.Supplies
11.64
34,
14845
Maplewood Foods
Supplies
6.30
35.
14846
Albinson
Supplies
13.16
36.
14847
Luger Mercantile Co.
Supplies
25.00
37,
14848
Pitney Bowes
Services
198,45
38,
1L849
Waldor Pump and Equipment
Supplies
50.95
39.
14850
Scientific Intern.Research
Chemicals
6.95
40.
14851
14852
Farmers
R. A. Luxenburg Constrction
Materials
Est.No.l- 68 -3
10,217.00
41.
42.
14853
Erwin Montgomery Const.Co.
Est.No. 1- 70- 28/71 -7
19,697.64
43,
14854
Arcon Constrction Co.
Est.No.'.2- 70 -16
19,130.18
44.
14855
Frank L. Noyes
Commissioner fee
175.
318.'
45,
14856
Viking Steel Products
Supplies
12/2/71
ITEM NO.
CHECK NO,
CLAIMANT
PURPOSE
AMOUNT
.
46.
14857
Soil Exploration
Soil tests 69 -15
$ 271,15
47.
14858
Ramsey Co. Treas,
Lighting and Maint,
185.92
48.
14859
Donald H. Campbell
Engineering
768.00
49.
14860
Weber & Troseth
Supplies
26,45
50.
14861
Cargill Inc,
Supplies
244.21
51.
14862
Carl W. Poppenberger
Premium
26.00
52,
14863
Uniforms Unlimited
Clothing allowance FM
47.75
53.
14864
Minn. State Treas, PERA
Balance due
21.53
54.
14865
Metropolitan Sewer Board
Dec, installment
23,879.19
55.
14866
Twin City Filter Service
Service
16.15
56,
14867
Minn, Commissioner of Adm.
FICA pro -rate share
10.40
57.
14868
IBM
Supplies
88.38
58.
14869
Truck Utilities & Mfg. Co.
Repairs
48.00
59.
14870
Sta -Vis Oil Co.
Fuel
22,56
60,
14871
Hall Equipment
Repairs
92.00
61.
14872
Tabulating Service Bureau
Services
93.00
62.
14873
Eugene R. Murray
Nov, retainer
702,00
63.
14874
Minneapolis City-Treas.
Re: Joel White
160,00
64.
14875
Joseph A. Zappa
Clothing allowance
23.75
65.
14876
Charles E. Anderson
School expenses
24.95
66.
14877
McHutchison- Norquist - Wedes, MD
Services'
150.00
67.
14878
James Embertson
November retainer
33.00
68.
14879
B & E PATROL
Nov, contract services
516.00
69.
14880
James C. Baht
Nov, inspection fees
269.00
70,
14881
J. G. Chisholm
Nov, inspection fees
806.08
71.
14882
American National Bank
Bonds dated 7/1/58
6,115.25
72.
14883
First National Bank- St.Paul
Swr. Bds dtd 1967
12,338.27
73,
14884
First National Bank- St.Paul
Mun.Bldg. Bds -1965
7,688,00
74,
14885
Maplewood Sewer & Water Inc.
Services
600.00
75.
14886
Elmer L. Schlattmann and
Geradyne L. Schlattmann
Condemnation award
450.00
76,
14887
Ronald J. Blomquist
Commissioners fee
200.00
77.
14888
John J. Kenna
Commissioners fee
200.00
78.
14889
Muske - Tansey Co,
Commissioners fee
200.00
79.
14890
Vernon R. Colon, Attorney
Bal. Parcel 10- 69 -23
2,599.90
80.
14891
Janice Quick
Services
40.10
81,
14892
J. A. Danens & Sons
Est.8- Final. 69 -23
104,754..09
82.
14893
Bd. of Water Comrs.
Engineering
698.92
83.
14894
Motorola C&E
Dec, maintenance
129.70
84.
14895
Motorola C&E
Dec. Maintenance
4.65
Check No.
14812 through
Check No. 14895
TOTAL PART I $235,543.41
12/2/71
PART II
PAYROLL
ITEM NO.
CHECK NO.
CLAIMANT
AMOUNT
1.
3361
Vivian R. Lewis
$ 200.24
2,
3362
Michael G. Miller
540.90
3.
3363
Donald W. Ashworth
358,64
4.
3364
Lucille E. Aurelius
262.95
5.
3365
Kenneth J. Casper
221.32
6.
3366
Judy M. Chlebeck
164.82
7.
3367
Phyllis C. Green
191.65
8.
3368
Arline J. Hagen
202.05
9.
3369
Betty D. Selvog
192,65
10.
3370
Lydia A. Smail
144.65
11.
3371
Charles E. Anderson
304.48
12,
3372
David L. Arnold
306,12
13.
3373
John H. Atchison
288.48
14.
3374
Anthony G. Cahanes
350.63
15.
3375
Dale K. Clauson
261,16
16.
3376
Kenneth V, Collins
332,60
17.
3377
Dennis S, Cusick
335.60
18,
3378
Dennis J. Delmont
293.29
19.
3379
Robin A. DeRocker
302,64
'" :20,
3380
Richard C. Dreger
285.99
21.
3381
Raymond E. Fernow
273.77
' 22.
3382
Patricia Y. Ferrazzo
209.26
23.
3383
David M. Graf
282,56
24.
3384
Norman L, Green
325.63
25.
3385
Thomas L. Hagen
387.95
26.
3386
Kevin R. Halweg
209.66
27,
3387
James T. Horton
271.42
28.
3388
Donald V. Kortus
85,16
29.
3389
Roger W. Lee
286.58
30.
3390
John J. McNulty
303.67
31,
3391
Richard M, Moeschter
273,20
32.
3392
Robert D. Nelson
316,85
33.
3393
William F. Peltier
227.69
34.
3394
Dale E. Razskazoff
212.31
35.
3395
Richard W. Schaller
432.03
36.
3396
Robert E. Vorwerk
233.94
37.
3397
Duane J. Williams
277.19
38.
3398
Joel A. White
123.73
39.
3399
Joseph A. Zappa
361.15
40.
3400
Donald W. Skalman
259.45
41.
3401
Gregory L. Stafne
296.55
42,
3402
Pamela J, Schneider
149.04
43.
3403
Marcella M. Mottaz
170.48 -
44.
3404
Alfred C. Schadt
345.19
45.
3405
Frank J. Sailer
133.56
12/2/71
,..
ITEM NO.
CHECK NO,
CLAIMANT
AMOUNT
46.
3406
Bobby D. Collier
$ 539.10
47,
3407
William C. Cass
317.69
48.
3408
Raymond J. Hite, Jr.
406.89
49.
3409
Calvin L. Jansen
241.92
50.
3410
Janet A. Rois
168.04
51,
3411
Thomas J. Sanders
167.92
52.
3412
Bernard A.Kaeder
289.85
53.
3413
Raymond J. Kaeder
300.72
54.
3414
Henry F. Klausing
234.75
55.
3415
Gerald W. Meyer
200.24
56.
3416
Joseph W. Parnell
233.75
57.
3417
Arnold H. Pfarr
324.21
58.
3418
Joseph B. Prettner
414.38
59.
3419
Edward A. Reinert
261.75
60.
3420
Greg J. Bailey
167.36
61,
3421
Myles R. Burke
261.09
62.
3422
Herbert R. Pirrung
325.89
63.
3423
Stanley E. Weeks
250.36
64,
3424
David Germain
193.63
65.
3425
Kevin B. McNulty
100.87
66.
3426.
Frank R. Kirsebom
296.03
67.
3427
Anthony T. Barilla
421.65
68.
3428
Richard J. Bartholomew
325,28
69.
3429
LaVerne S. Nuteson
255.89
70.
3430
Gerald C. Owen
282.67
71.
3431
Thomas C. Rowan
214.48
72.
3432
JoAnn C. Christensen
166.27
73.
3433
John P. Joyce
340.43
74.
3434
Eric J. Blank
102,77
75.
3435
Bailey A. Seida
415.15
76.
3436
Lester G. Axdahl
168.90
77.
3437
John C. Greavu
138.14
78.
3438
Harald L. Haugan
130.34
79.
3439
Patricia L. Olson
130.34
80.
3440
Donald J. Wiegert
130.34
81.
3441
Clifford J. Mottaz
T 221.83
Check No.
3361 through Check No.
3441 TOTAL PART II
$ 21,129,80
Check No.
14812 through Check No.
14895 TOTAL PART I
$235,543.41
SUM TOTAL $256,673.21
12/2/71