Loading...
HomeMy WebLinkAbout12-16-1971AGENDA Maplewood Village Council _ 7:30 P.M., Thursday, December 3.6, 1971 Municipal Administration Building Meeting 71 - 51 CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF MINUTES 1. linutes No. 46 (November. 11) 2. Minutes No. 47 (November 18) (D) PUBLIC HEARINGS 1. License Suspension - Contractor's license (Frank Horner) (8:00 o'clock) 2. Use Permit - Beauty shop (2244 29cPYenemy) (5:00 o'clock.) 3. 4. 5 On -Sale Liquor License - Northwest cc,rrer of white Bear and Cope Avenue (8:15) Variance - Setback requirements (Board of Adjustrents and Appeals) (8:30) On -Sale Liquor License - 2220 White Bear Avenue (8:30) 6. Off-Sale Liquor License (transfer) - 1347 Frost Avenue (8:45) 7. License Suspension - Refuse hauler's (Poor Richards) (9:00 o'clock) AWARDING OF BIDS - None APPROVAL OF ACCOUNTS (G) VISITOR PRESENTA.TI09S (H) UrIFINISEIED BUSINESS - 1. Zone Crancn(BC to SC) -• Zalre's Shoppers City 2. Highway 36: a. Request for traffic light b. Improvement plans (TH 61 to White Bear Avenue 3. Municipal Court - Authorization 4. Sewer Connections - Variances 5. Street Improvement (Beam Avenue): a. Supplemental agreement b. Condemnation awards 6. Alley Vacation (Connor Street) - Request for reconsider- ation 7. Sanitary Sewer Improvement (Gervais Avenue) - Final estimate 8. County Ditch 17 Improvement - Set hearing date 9. Ordinance - Sewer Rates (I) NEW BUSINESS 1. Building Plan Review - Restaurant, lounge corner of White Bear and Cope Avenues) _ (Northwest 2. Variance Request (Building Code) - 1950 Atlantic Street 3. Correction of Resolution - Vacation of Lee Street 4. Street and Storm Sewer Improvements - Gladstone area 5. Drainage Improvement - Battle Creek 6. Authorization of Transfers 7. Appointment - Planning Commission 8. Comprehensive Water and Sewer Studies 9. Registered Land Surveys 10. Hearing Dates (J) COUNCIL PRESENTATIONS (K) ADMINISTRATIVE PRESENTATIONS (L) ADJOURNMENT ADDENDUM TO THE AGENDA Meeting 71 - 51 I T_ E M D -1* The first hearings were inadvertently scheduled for 8:00 o'clock; therefore, it is suggested that you proceed with your other business until. that time and then return to the original order of the agenda. The Horner Construction Company was responsible for the open excavation located at 659 Roselawn. The excavation was made in violation of our setback requirements and the con- tractor was so advised on September 21, 1971. On October 19,1971 Mr. Horner was advised that nothing had been done to correct the situation although the staff had been advised by Mr. Tom Horner on September 24th that work would begin on the excavation during the first part of the following week. On October 19, 1971 the Horner Company was ordered to close the open excavation by the Village Administration. The Horner Company took no action, and on November 4 the Council ordered the work done at Village expense and the costs charged back to the Horner Company. It is felt that the failure of the Horner Company to respond to orders of the Village, the manner in which the work under the control of the Horner Company was executed at 659 East Roselawn and the failure of the Horner Company to notify the Village of the expiration of a required insurance policy are grounds for suspension of that company's Village license. D -2* Mr. and Mrs. Thomas DeCorsey have requested permission to operate a beauty shop in an existing residential home located at 2244 MctMenemy. The home is located north of County Road B and south. of Highway 36. The property in question is zoned R -1 (single family dwelling). This zoning classification does allow for offices of a professional person, an art studio, photography studios or other artistic pursuits when conducted in the residence or accessory building of the resident when a special permit is issued by the Village Council. It is recommended that this request be denied due to the fact that the proposed use is of purely a commercial nature and does not meet the requirements of the zoning regulations. Drawings of the floor plans are included in the agenda packet as is a description of the operation prepared by the applicants. D -3 The building plans for this location appear in item I -1. D -4* William J. Kaufmann (163 N. Cleveland Avenue, St. Paul) requests a variance of 10 feet from the minimum 30 foot setback require- ment of the zoning regulations for his lot at the southeast corner of Sylvan Street and Kingston Avenue. It is recommended that the variance be granted for a period of nine months during which time a building permit for a structure on the premises . must be issued. The favorable recommendation is due to the fact that surrounding homes in the area are built a minimum of 20 feet back from the property lines. D -5 A report will be given at the meeting. D -6 The applicant requests a transfer of the liquor license for Maplewood Liquors. A report will be given at the meeting. D -7 ** Mr. Wybierala appeared before the Council at its December 2nd meeting, and disputed the fact that he was operating in violation of Village Code requirements regarding maximum rates for refuse collection service. Mr. Wybierala stated that he felt he should be able to charge more than $12.50 for his pick- up service, and that he should be able to sell bags larger than the required maximum size of 32 gallons. This hearing has been established to determine whether or not Mr. Wybierala's license should or should not be permanently suspended. It is recommended that unless Mr. Wybierala agrees to hold his charges in accordance with the maximums established by the Village Council, that his license be permanently suspended. In addition, it is recommended that if he agrees to charge within the maximums established that he refund or credit to those customers who have been charged in excess of the maximum that amount over - charged. H -1 This item was tabled until such time as a proper variance request could be reviewed by the Board of Adjustment and Appeals. Enclosed is a copy of the request from Mr. Roth for three variances. A hearing date should be established. H -2a* At your December 9th meeting you received a petition from a number of citizens in the Hazelwood- Highway 36 area requesting that the Council request that the Minnesota Highway Department "install traffic signals on the east and west bound lanes of Highway 36 at its intersection with Hazelwood Street ". When this question was originally discussed the staff stated that traffic signals at this location would result in a high incidence of conjestion and accidents. Staff continues to recommend that traffic signals not be located at this inter- section. H -2b* Enclosed is a copy of your resolution which was passed last Thursday night. The staff would like your feeling relative to an early referral of the English Street interchange to the Metropolitan Council. H -3 The State law which provides for a full -time municipal judge for our municipal court states that it will become "effective January 1, 1972 after its approval by the governing bodies of the Village's of Maplewood, Vadnais Heights, Little Canada and Gem Lake..." I have asked the Municipal Judge to be present at the meeting to answer any questions you might have relative to the operation of the Court_. H -4* Sometime ago we provided you with requests for variances from the requirement of sewer connections in accordance with the Village Codes. Enclosed is a report regarding these requests. Each of the requests have been personally investigated by the Deputy Health Officer, Mr. Sailer. The Council is authorized to grant deferments. The results of a study of our sewer -2- connections showed 1668 cases of violations of the ordinance requirement of sewer connection within one year after available. 106 properties have now been brought into compliance, 15 are requesting deferment, 5 are in outright violation and have offered no excuse, 27 properties have been determined not to be physically able to hook up and 15 are vacant properties. H -5a* A supplemental agreement to the contract for construction of Beam Avenue which allows for an increases contract amount of $2,183.65. The increases are due to various changes in the work contracted for. Approval is recommended. H -5b Condemnation awards have been given on approximately 12 parcels of property required for the construction of Beam Avenue. The acceptance of the commissioners decisions is recommended. The Council should determine if any of the awarded amounts should be appealed. It is also possible that the amounts could be appealed by the property ownsers; therefore, final authorization of payment is not requested at this time. H -6* The firm representing Superamerica Stations, Inc., have requested reconsideration of your decision not to vacate Connor Street between Duluth and TH 61. The reason for requesting reconsider- ation is that the applicants feel that the plans of the Highway Department do not include a plan which would require condemnation of the land adjacent to Connor Street over Connor Street itself. H -7* This project was completed last summer and final payment is recommended. H -8* The County Commission has authorized the Village to proceed with the cleaning of Ditch No. 17. The Commission has requested an additional crossing at White Bear Avenue and maintenance of an existing pending area just north of Frost Avenue. The estimated costs of the project is $50,000.00. A feasibility report was submitted previously. A hearing date of January 20 is recommended. I -1* This structure would have a full basement with a 6,021 square foot gross floor area at ground level and 5,760 square foot gross floor area in the basement. It will be utilized as a restaurant - lounge with a seating capacity in the restaurant of 146 and in the lounge of 78 on the first floor, and lounge and banquet rooms in the basement with an unknown seating capacity. The plan proposes 33 less parking spaces than the minimum (161) spaces required by our ordinances. A number of other inadequacies in the plan are pointed out in the enclosed staff reports. It is recommended that this building plan be referred back to the applicant to prepare a revised site plan which is more functional and complies with Village Codes. The staff agrees with the proposed type of commercial use and would encourage a special exception from the M -1 light industrial district zoning regulations. I -2* Enclosed is the Building Official's report on repairs to be made at the home which was partially destroyed by fire located at 1950 Atlantic. The home is a nonconforming use in a commercial zone. The Code requires that repairs may be made but must result -3- in compliance with the Building Code. There are a number of areas where variances will be requested by the owners. Ida* In 1965 the Village vacated Lee Street from Skillman to Kenwood. Due to the timing and the platting of Maplecrest Skillman was at the time of the vacation was Echo Street; however, the vacation resolution refers to Skillman Avenue. Ban -Con, Inc., the owners of this property, now request that you adopt a correcting resolution stating that it was the intention of the Council to correctly refer to Lee Street as running from Echo Street to Kenwood Drive. The Village Attorney is reviewing this request. In the spring of 1970 public hearings were held on storm sewers in areas number one and number two. At that time 270 of the property owners objected and the project was denied. We have recently had renewed interest in this project expressed to us. The original project proposed only storm sewers, but we would propose to combine the street upgrading with the storm sewer project due to the fact that approximately 200 of the project costs would be for street and shoulder restoration (only cost would later be again necessary for street construction), base work can be better done in conjunction with storm sewer trench excavation, drainage structures would have to be replaced if street upgrading took place at a later date, an upgraded street section including curb and gutter is an intrical part of efficient storm sewer collection, and streets would only be torn up once resulting in less inconvenience to the residents. It is recommended that a feasibility study be ordered. I -5* An amount of $20,000. has been budgeted for improvements to the Battle Creek area. It is recommended that the services of the Barr Engineering Company be utilzed to provide us with a feasibility study in final plans for the project. The pro- posed work is to be done at normal consulting engineer scale with a maximum figure of $1,500.00. It is possible that the findings may show that the budgeted amount is insufficient to accomplish the full job. If this is the case we should consider ordering a public hearing and assessing the drainage area for the cost. I -6* Transfers as recommended in our annual audit for the year 1970 are recommended in accordance with the enclosed resolution. in addition the creation of one debt service fund from the existing nine bond issues as per the audit is also recommended. I -7* Francis Dreawves has announced his resignation from the Planning Commission effective immediately. Mr. Dreawves was appointed for a full three year term which expires December 31, 1974. A replacement should be named. I -8 The Metropolitan Sewer Board has informed us that we are authorized to undertake sanitary sewer improvements only until April 1,1972 unless a comprehensive study of our system is presented to them. In addition the Homart Company will present a petition very shortly for increased water quantity and pressures at their site. At this time it appears that some sort of elevated water storage will be necessary to meet their requirements. At the meeting we will discuss the needs for the water and sanitary sewer studies and the feasibility of at least undertaking interviews and receiving proposals from various consulting firms for the studies. I--9 Two registered land surveys have been submitted for approval. We would recommend approval of a survey submitted by Frank Bradac. The second survey submitted is for an area having a major drainage course running through it and we have received no indication of the proposed storm sewer run-off as required by our platting code. In addition, there appears to be no public access to one lot as required by our Code. We would recommend that the registered land survey not be accepted until these points are clarified and /or corrected. ADMINISTRATIVE PRESENTATIONS Enclosed is a copy of an easement prepared by Mr. Robert Hall in accordance with the conditions of the vacation of the alley between Atlantic Street and vacated Chambers Street. Mr. Hobbs has been given a final inspection for his home at 380 Skillman Avenue and he has been granted occupancy. A copy of the report from the Building Official is enclosed. I am working on our 1972 salary schedules. I may have some figures for you at the meeting. -5- MINUTES OF MAPLEWOOD VILLAGE COUNCIL 7:30 P.M., Thursday, December 16, 1971 Council Chambers, Municipal Building Meeting No, 71 -51 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. Meeting No. 46 (November 11, 1971) Councilman Greavu moved that the minutes of meeting No. 46 (November 11, 1971) be approved as corrected: Page 4: Item C 3b Ruth Avenue instead of Kingston Avenue Seconded by Councilman Wiegert. Ayes - all, 2. Meeting No. 47 (November 18, 1971) Councilman Greavu moved that the minutes of meeting No, 47 (November 18 1971) be approved as corrected: Page 6: Item H 3c insert "with" Page 10: Item H Ila "apportion" Page 25: Item J3 "Mayor" Seconded by Councilman Haugan. Ayes - all, D, PUBLIC HEARINGS Manager Miller stated the first hearings were inadvertently scheduled for 8:00 o'clock; therefore, it is suggested that you proceed with your other business until that time and then return to the original order of the agenda, E. AWARDING OF BIDS None. F. APPROVAL OF ACCOUNTS 1 - 12/16 Councilman Wiegert Part II - the amoun I Seconded by Councilman Greavu G. VISITOR PRESENTATIONS Ayes - all. 7 - in 1. Elmer Stanke, 910 E. County Road C, stated he had submitted a bill re- garding the time and material he expended when his mother's sewer line was plugged, and wonders when he will be reimbursed. Councilwoman Olson of Mr. Stanke's bill to Attorney and to the Village Insurance Agent to inve for the bill. Seconded by Councilman Haugan. Ayes - all. H. UNFINISHED BUSINESS 1. Zone Change (BC to SC) Zayre's Shoppers City a. Manager Miller stated this item had been tabled until such time as a proper variance request could be reviewed by the Board of Appeals and Adjustment. Mr. Roth, Zayre's Shoppers City, is requesting 3 variances. A hearing date should be established. February 3, 1972 is suggested. b. Councilman Greavu moved to set February 3, 1972 as the date for a hearing before the Board of Appeals and Adjustment for the variance re- quest. Seconded by Councilman Wiegert. Ayes - all. 2. Highway 36 a. Request for Traffic Light 1. Manager Miller stated that at the December 9th meeting a petition was received from a number of citizens in the Hazelwood- Highway 36 area requesting that the Council request that the Minnesota Highway Department "install traffic signals on the east and west bound lanes of Highway 36 at its intersection with Hazelwood Street ". When this question was originally discussed the staff stated that traffic sig- nals at this location would result in a high incidence of conjestion and accidents. Staff continues to recommend that traffic signals not be located at this intersection. 2. Councilman Wiegert moved to refer the matter back to the Staff to contact the Highway Department for an opinion. Seconded by Councilman Haugan. Ayes - all. b. Improvement Plans (TH 61 to White Bear Avenue) - 2 - 12/16 1. Manager Miller presented Council with a copy of the resolution which was passed last Thursday evening, The Staff would like Council's thoughts relative to an early referral of the English Street inter - change to the Metropolitan Council. 2. Council instructed the Staff to insert the following pharagraph to the resolution: "WHEREAS, the Metropolitan Council previously approved an English Street interchange in 1969, and" 3. Councilman Wiegert moved to refer the matter to ment for a reply as soon as possible. Seconded by Councilman Haugan. 3. Municipal Court Ayes - Mayor Axdahl, Councilmen Haugan and Wiegert. Nay - Councilwoman Olson and Councilman Greavu. a. Manager Miller stated that Judge Kirby had not arrived and suggested Item H -3 be tabled until later. b. Councilman Greavu moved to table Item H -3 until later on the agenda. Seconded by Councilman Haugan. Ayes - all. 4. Sewer Connection - Variances a. Manager Miller stated that Council had previously received a report regarding requests for variances from the requirements of sewer connect- ions in accordance with Village Code. Each of the requests have been personally investigated by the Deputy Health Officer, Mr. Sailer, The Council is authorized to grant deferments. The results of a study of our sewer connections showed 168 cases of violations of the ordinance require- ment of sewer connection within one year after availability. 106 proper- ties have now been brought into compliance, 15 are requesting deferment, 5 are in outright violation and have offered no excuse, 27 properties have been determined not to be physically able to hook up and 15 are vacant properties. b. Councilman Wiegert moved to accept the report and to grant deferments to the 27 properties that were determined not to be physically able to hook up to the sanitary sewer. Seconded by Councilman Greavu. Ayes - all. D. PUBLIC HEARINGS 1. License Suspension - Contractor's License (Frank Horner - 8:00 P.M.) a. Manager Miller stated the Horner Construction Company was responsible - 3 - 12/16 for the open excavation located at 659 Roselawn. The excavation was made in violation of our setback requirements and the contractor was so advised on September 24, 1971. On October 19, 1971, Mr. Horner was advised that nothing had been done to correct the situation although the staff had been advised by Mr. Tom Horner on September 24th that work would begin on the excavation during the first part of the following week. On October 28, 1971 the Horner Company was ordered to close the open excavation by the Village Administration. The Horner Company took no action, and on November 4, the Council ordered the work done at Village expense and the costs charged back to the Horner Company. It is felt that the failure of the Horner Company to respond to orders of the Village, the manner in which the work under the control of the Horner Company was executed at 659 East Roselawn and the failure of the Horner Company to notify the Village of the expiration of a required insurance policy,are grounds for suspension of that company's Village license. The excavator who did the excavation at 659 E. Roselawn Avenue was not licensed by the Village and also not the same as stated on the Building Permit. b. Mr. Joe Summers, attorney representing the F. J. Horner Company, spoke on behalf of his client. c. Mr. Frank C. Horner stated he had indicated on the original building permit that the dwelling would be located 30 feet from the street right of way and he felt he was in the right, but he also informed the Building Official (when Mr. Horner was notified that the set back of 30 feet was in violation of the code) that he would move the basement. Mr. Horner answered questions from the Council. d. Village Planner Seida presented the staff report. e. Councilman Haugan moved that the license not this time. and that a letter be forwarded to Mr. Horner Rig Vi excavat Seconded by Councilwoman Olson. Ayes - all. 2. Use Permit - Beauty Shop (2244 McMenemy 8:00 P.M.) a. Manager Miller stated the request of Mr. and Mrs. Thomas DeCorsey to operate a beauty shop in their home has been withdrawn because of the conditions that would have been placed on the Special Use Permit. When they are in a position to meet the requirements, they will submit a new application. b. Councilwoman Olson moved to delete Item D. -2 from the agenda. Seconded by Councilman Haugan. Ayes - all. c. Councilwoman Olson moved to refund the $25.00 filing fee to the DeCorseys, as the Council ordered. Seconded by Councilman Greavu. Ayes - all. - 4 - 12/16 3. On -Sale Liquor License - Northwest Corner of White Bear Avenue and Cope Avenue (8:15 P.M.) a. Mayor Axdahl convened the meeting for the public hearing on the ap- plication of Mr. Donald A. Fitch for an On -Sale Liquor License at the Northwest corner of White Bear Avenue and Cope Avenue. The Clerk read the notice of hearing along with the publication dates. b. Manager Miller stated the building plans for the proposed restaurant - lounge to be constructed by Mr. Fitch is on the agenda as Item I -1. The necessary investigations have been made and are found to be in order. Mr. Fitch is listed as being part owner of the Fox and Hounds, Inc. c. Attorney Doug Seltz, representing Mr. Fitch, spoke on behalf of the applicant. d. Mr. Donald Fitch stated he had sold his stock and partnership in the Fox and Hounds, Inc. and was no longer affiliated with that corporation. e. Mr. Elmer Stanke stated that Donald Fitch had contributed to the elect- ion campaign of Councilman Donald Wiegert and therefore should not take part in the discussion. f. Councilman Wiegert stated Mr. Fitch had contributed to his campaign, but the check had never been cashed and if it were the wish of the Council, he would return it or not vote on the issue. g. Councilman Greavu introduced the following resolution and moved its adoption: (deleting Mr. Fitch from Fox and Hounds, Inc.) 71 - 12 - 288 WHEREAS, Donald Fitch was one of the incorporators and stock holders of Fox and Hounds, Inc., which is licensed for the on -sale sale of liquor; and WHEREAS, said Donald Fitch has sold his stock to Arthur Rehnberg, another of the original incorporators of Fox and Hounds, Inc., and is no longer a stockholder, officer or participant in the operation of the Fox and Hounds, Inc., BE IT HEREBY RESOLVED that the Council of the Village of Maplewood does consent and approve to the withdrawal of Donald Fitch from Fox and Hounds, Inc, for the purpose of conforming with the on -sale liquor licen- sing Ordinance of the Village of Maplewood. Seconded by Councilman Haugan. Ayes - all. h. Councilman Haugan moved to table decision on the liquor license ap- plication until after Agenda Item I -1, Seconded by Councilman Greavu. Ayes - Mayor Axdahl, Councilwoman Olson, Councilmen Greavu and Haugan. Councilman Wiegert abstained. - 5 - 12/16 The Council meeting adjourned at 8:43 P.M. to reconvene as the Board of Appeals and Adjustment. The Council reconvened at 8:48 P.M. 5. On Sale - Liquor License - 2220 White Bear Avenue - 8:30 P.M. a. Mayor Axdahl convened the meeting for a public hearing on the ap- plication for an On -Sale Liquor License submitted by Donald Welligrant to be located at 2220 White Bear Avenue. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller stated the necessary investigations have been made and found to be in order. c. Mr. Belisle, Attorney for Mr. Welligrant, spoke on behalf of the license. d. Mayor Axdahl asked if there were'any persons present who wished to speak for or against the proposed license. No.one was heard. e. Councilman Wiegert introduced the following resolution and moved its adoption 71 - 12 - 289 RESOLVED, by the Village Council of Maplewood, Minnesota, that Donald Welligrant be granted an On -Sale Liquor License for his place of business at 2220 White Bear Avenue. Said license being approved under the same considerations and restrictions of the existing liquor ordinances of the Village of Maplewood and the Statutes of the State of Minnesota. Seconded by Councilman Greavu. Ayes - Mayor Axdahl, Councilmen Greavu, Haugan and Wiegert. Councilwoman Olson abstained. 6. Off -Sale Liquor License (1347 Frost Avenue) 8:45 P.M. a. Mayor Axdahl convened the meeting for a public hearing for an off -sale liquor license application of Mr. Gordon Berres to be located at 1347 Frost Avenue. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller stated the license for this location was previously held by Mr. Robert Welsch. Mr. Welsch sold his business to Mr. Berres. The necessary investigations have been made and are found to be in order. c. Robert Brost, attorney for Mr. Berres, spoke on behalf of the proposed license. d. Mayor Axdahl asked if there was anyone in the audience who wished to speak for or against the proposed license. No,one was heard. - 6 - 12/16 e. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 12 - 290 RESOLVED, by the Village Council of Maplewood, Minnesota, that Gordon Berres be granted on Off -Sale Liquor License for his place of business at 1347 Frost Avenue. Said license being approved under the same considerations and restrictions of the existing liquor ordinances of the Village of Maplewood and the Statutes of the State of Minnesota. Seconded by Councilman Haugan. Ayes - all, 7. License Suspension - Refuse Haulers (Poor Richards) 9:00 P.M. a. Manager Miller stated Mr. Wybierala appeared before the Council at its December 2nd meeting, and disputed the fact that:he was operating in violation of Village Code requirements regarding maximum rates for refuse collection service. Mr. Wybierala stated that he felt he should be able to charge more than $12.50 for his pickup service, and that he should be able to sell bags larger than the required maximum size of 32 gallons. This hearing has been established to determine whether or not Mr. Wybier- ala's license should or should not be permanently suspended. It is re- commended that unless Mr. Wybierala agrees to hold his charges in accord- ance with the maximums established by the Village Council, that his license be permanently suspended. In addition, it is recommended that if he agrees to charge within the maximums established that he refund or credit to those customers who have been charged in excess of the maximum that amount over - charged. Mr. Miller stated he had received a complaint re- garding Poor Richard's service from Mr. Charles Walsworth, 139 E. Lar- penteur Avenue. b.. John Daubney, attorney representing Poor Richards spoke on behalf of Mr. Wybierala. He stated his client would comply with the ordinance and would be submitting a request to the Council to be allowed to 'increase the rates. Until that hearing is held, his client will charge the same rates as stated in the ordinance and will refund the over charges. c. Councilman Greavu moved that Poor Richards Inc license not be sus- pended on the conditions that refunds are made for the over charges and that the ordinance requirements are met. Seconded by Councilman Haugan. Ayes - all. d. Councilwoman Olson suggested the Task Force Committee be set up again before a hearing on rates is held. e. Manager Miller stated that perhaps the committee should be contacted after the Council receives a petition from the Rubbish Haulers to increase the rates. f. Councilwoman Olson moved that the original Task Force Committee be contacted to study the rates for rubbish hauling. Seconded by Councilman Wiegert. Ayes - all. - 7 - 12/16 H. UNFINISHED BUSINESS (continued) 3. Municipal Court - Authorization a. Manager Miller stated the State law which provides for a full -time municipal judge for our municipal court states that it will become "effective January 1, 1972 after its approval by the governing bodies of the Villages of Maplewood, Vadnais Heights, Little Canada and Gem Lake..." Mr. Miller has asked the Municipal Judge to be present at the meeting to answer any questions you might have relative to the operation of the Court. b. Judge John Kirby explained the procedures of a full time Court. A schedule has not as yet been worked out, but as soon as one is completed it will be submitted to the Council. C. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 12 - 291 WHEREAS, the Minnesota Legislature passed a Statute establishing a full -time municipal court for the municipalities of Maplewood, Vadnais Heights, Little Canada and Gem Lake, known as Laws of 1971, Chapter 930; BE IT HEREBY RESOLVED by the Council of the Village of Maplewood that it consents to the establishment of said full -time court and adopts Chapter 930 of the Laws of Minnesota of 1971. BE IT FURTHER RESOLVED that the Clerk is hereby instructed to send a certified copy of this resolution to the Secretary of State forthwith. Seconded by Councilwoman Olson. Ayes - all. 5. Street Improvement (Beam Avenue) a. Supplemental Agreement 1. Manager Miller stated a supplemental agreement to the contract for construction of Beam Avenue which allows for an increased contract amount of $2,183.65. The increases are due to various changes in the work contracted for. Approval is recommended. 2. Councilwoman Olson introduced the following resolution and moved its adoption: 71 - 12 - 292 RESOLVED, by the Village Council of Maplewood, Minnesota that Supplemental Agreement No. 2 to the contract for construction of Beam Avenue, Project No. 70 -5, in an increased amount of $2183.65 be and hereby is in all things approved. FURTHER, that the Mayor and Clerk be and hereby are authorized and instructed to execute the said Change Order for and on behalf of the Village. - 8 - 12/16 Seconded by Councilman::;Wiegert. Ayes - all. b. Condemnation Awards 1. Manager Miller stated condemnation awards have been given on approximately 12 parcels of property required for the construction of Beam Avenue. The acceptance of the commissioners decisions is recommended. The Council should determine if any of the awarded amounts should be appealed. It is also possible that the amounts could be appealed by the property owners; therefore, final authorization of payment is not requested at this time. 2. Councilman Greavu moved that the Council not appeal the condem- nation awards given for property taken for the construction of Beam Avenue. Seconded by Councilman Wiegert. Ayes - all. 6. Alley Vacation (Connor Street) - Request for Reconsideration a. Manager Miller stated the firm representing Superamerica Stations, Inc., have requested reconsideration of your decisison not to vacate Connor Street between Duluth and TH 61. The reason for requesting reconsideration is that the applicants feel that the plans of the Highway Department do not include a plan which would require condemnation of the land adjacent to Connor Street over Connor Street itself. b. Councilwoman Olson moved to deny the request for reconsideration. Seconded by Councilman Haugan. Ayes - Mayor Axdahl, Councilwoman Olson, Councilmen Haugan and Wiegert. Nay - Councilman Greavu. 7. Sanitary Sewer Improvement (Gervais Avenue) - Final Estimate a. Manager Miller stated that the Gervais Avenue Sanitary Sewer improve- ment was completed this past summer and final payment is recommended. b. Councilman Wiegert introduced the following resolution and moved its adoption: 71 - 12 - 293 WHEREAS, pursuant to a written contract signed with the Village, R. A. Luxenburg Construction has satisfactorily completed Sanitary Sewer construction on Gervais Avenue from Izennard Street to approximately 930 feet east (Project 70 -2) in accordance with such contract; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the work completed under such contract is hereby accepted and approved; and - 9 - 12/16 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 Greavu. Ayes - all. 8. County Ditch 17 Improvement - Set Hearing Date a. Manager Miller stated the Ramsey County Commission has authorized the Village to proceed with the cleaning of Ditch No, 17. The Commission has requested an additional crossing at White Bear Avenue and maintenance of an existing ponding area just north of Frost Avenue. The estimated costs of the project is $50,000.00. A feasibility report was submitted previously. A hearing date of January 20 is recommended. b. Councilman Wiegert introduced the following resolution and moved its adoption: 71 - 12 - 294 WHEREAS, the Village Engineer for the Village of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of County Ditch #17, and WHEREAS, the said Village Engineer has prepared the aforesaid prelimin- ary plans for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINN- ESOTA, as follows: 1. The report of the Village Engineer advising this Council that the proposed improvement on County Ditch #17 is feasible and should best be made as proposed, is hereby received, 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an estimated total cost of the improvement of $50,000. 3. A public hearing will be held in the Council Chambers of the Village Hall at 1380 Frost Avenue on Thursday, the 20th day of January, 1972, at 9:00 P.M. to consider said improvement. The notice for said public hear- ing shall be in substantially the following form: NOTICE OF HEARING OF COUNTY DITCH #17 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: - 10 - 12/16 Date and Time: January 20, 1972 at 9:00 P.M. Location: Council Chambers of the Village Hall 1380 Frost Avenue The general nature of the improvement is cleaning and culvert replace- ment of County Ditch #17. The total estimated cost of said improvement is $50,000. 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. Dated this 16th day of December, 1971. Seconded by Councilman Greavu. 9. Ordinance - Sewer Rates BY ORDER OF THE VILLAGE COUNCIL Mrs. Lucille Aurelius Village Clerk Village of Maplewood Ayes - Mayor Axdahl, Councilmen Greavu, Haugan and Wiegert Nay - Councilwoman Olson a. Manager Miller presented Council with a proposed ordinance regarding the increasing of the sanitary sewer rates. b. Councilwoman Olson moved that the staff investigate and sewer rental charges and introduced the followinz ordinance ORDINANCE NO. 303 An Ordinance Amending The Maplewood Code Relating To Sewer Service Charges Seconded by Councilman Wiegert. Ayes - all. I. NEW BUSINESS 1. Building Plan Review - Restaurant, lounge (Northwest corner of White Bear and Cope Avenues) - 11 - 12/16 a. Manager Miller stated this structure would have a full basement with a 6,021 square foot gross floor area at ground level and 5,760 square foot gross floor area in the basement. It will be utilized as a restaurant- lounge with a seating capacity in the restaurant of 146 and in the lounge of 78 on the first floor, and lounge and banquet rooms in the basement with an unknown seating capacity. The plan proposes 33 less parking spaces than the minimum (161) spaces required by our ordinances. A number of other inadequancies in the plan are pointed out in the staff reports. It is recommended that this building plan be referred back to the applicant to prepare a revised site plan which is more functional and complies with Village Codes. The staff agrees with the proposed hype of commercial use and would encourage a special exception from the M -1 light industrial district zoning regulations. b. Village Planner Seida presented the staff report. c. Mr. Dick Lundahl, architect, explained the proposed building plans and the site plans. He further stated that the requirements, as given by the staff, could be met without any difficulty. 4. Councilman Greavu moved that a restaurant - lounge would not be an _ incompatible use with the current zoning. Seconded by Councilman Haugan. Ayes - Mayor Axdahl, Councilmen Greavu, and Haugan. Councilwoman Olson and Councilman Motion carried. Wiegert abstained. *e. See attached sheet number 12a. 2. Variance Request (Building Code) 1950 Atlantic Street a. Manager Miller presented the Building Official's report on repairs to be made at the home which was partially destroyed by fire located at 1950 Atlantic. The home is a nonconforming use in a commercial zone. The Code requires that repairs may be made but must result in compliance with the Building Code. There are a number of areas where variances have been requested by the owners. b. An attorney representing Mr. Roubik, 1950 Atlantic Street, spoke on behalf of the requests for building code variances. If allowed to rebuild the house, Mr. Roubik plans to live there. c. Following further discussion, Councilman Greavu moved to table this matter until the meeting of December 28 1971 to allow the Council to inspect the dwelling at 1950 Atlantic Street. Seconded by Councilman Haugan. Ayes - all. 3. Correction of Resolution - Vacation of Lee Street a. Manager Miller stated that in 1965 the Village vacated Lee Street from Skillman to Renwood. Due to the timing and platting of Maplecrest, Skillman,at the time of the vacation, was Echo Street; however, the va- cation resolution refers to Skillman Avenue. Ban -Con, Inc., the owners of this property, now requests that Council adopt a correcting resolution stating that it was the intention of the Council to correctly refer to - 12 - 12/16 *e. Councilman Haugan moved to table the liquor license application discussion until January 6, 1972. Seconded by Councilman Greavu. Ayes - Mayor Axdahl, Councilwoman Olson, Councilmen Greavu and Haugan. Councilman Wiegert abstained, 12a 12/16 Lee Street as running from Echo Street to Kenwood Drive. The Village Attorney has reviewed this request. b. Councilwoman Olson introduced the following resolution and moved its adoption: 71 - 12 - 295 RESOLUTION CORRECTING RESOLUTION NO. 65 -10 -304 VACATING LEE STREET WHEREAS, on the 14th day of October, the Village Council of Maple- wood, Minnesota, duly passed Resolution Number 65 -10 -304 providing, in part, that "Lee Street from Skillman Avenue to East Kenwood Drive ", all as shown in the plat of Little's Third Addition, be vacated; and WHEREAS, at such time that portion of Little's Third Addition was intended to be re- platted as Maplecrest and the street known as Echo Street was to be renamed Skillman Avenue; and WHEREAS, said plat of Maplecrest did not become final until after passage of said resolution vacating Lee Street; and WHEREAS, in said resolution it was the intention of the Council to correctly refer to Lee Street as running from Echo Street to East Kenwood Drive; NOW, THEREFORE, BE IT RESOLVED by the Village Council of Maplewood, Minnesota that Resolution Number 65 -10 =304 passed on the 14th day of October, 1965, be corrected by deleting the words "Skillman Avenue" wherever they appear therein and inserting in lieu thereof the words "Echo Street ". As so corrected, said resolution is hereby ratified and confirmed. Seconded by Councilman Wiegert. Ayes - all. 4. Street and Storm Sewer Improvements - Gladstone Area a. Manager Miller stated that in the spring of 1970 public hearings were held on storm sewers in areas number one and number two. At that time 27% of the property owners objected and the project was denied. We have recently had renewed interest in this project expressed to us. The or- iginal project proposed only storm sewers, Staff proposes to combine the street upgrading with the storm sewer project due to the fact that ap- proximately 20% of the project costs would be for street and shoulder restoration (only cost would later be again necessary for street con- struction), base work can be better done in conjunction with storm sewer trench excavation, drainage structures would have to be replaced if street upgrading took place at a later date, an upgraded street section including curb and gutter is an integralpart of efficient storm sewer collection, and streets would only be torn up once resulting in less inconvenience to the residents. It is recommended that a feasibility study be ordered. - 13 - 12/16 b. Councilman Wiegert introduced the following resolution and moved its adoption: 71 - 12 - 296 WHEREAS, the Village Council has determined that it is necessary and expedient, that the area described as lying between the Minneapolis - St. Paul and Sault St. Marie Railroad Tracks on the north; Larpenteur Avenue on the south; Phalen Place on the west; Prosperity Road on the east be improved by construction of a storm sewer system and appurtenances and street upgrading with curb and gutter; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA that the improvement as hereinbefore described is hereby re- ferred 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 re- commended. Seconded by Councilman Greavu. Ayes - all. 5. Drainage Improvement - Battle Creek a. Manager Miller stated that an amount of $20,000 has been budgeted for improvements to the Battle Creek area, It is recommended that the services of the Barr Engineering Company be utilized to provide us with a feasibil- ity study in final plans for the project. The proposed work is to be done at normal consulting engineer scale with a maximum figure of $1,500.00. It is possible that the findings may show that the budgeted amount is insufficient to accomplish the full job. If this is the case, Council could consider ordering a public hearing and assessing the drainage area for the cost. b. Village Attorney Lais presented a report of what happened at the meet- ing of the governmental units involved with the improvements to Battle Creek. c. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 12 - 297 WHEREAS, it has been determined that it is necessary that certain improvements be made to the north branch of Battle Creek, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINN- ESOTA, that Barr Engineering Company be authorized to conduct a feasibil- ity study of the above improvements at a cost not to exceed $1,500. Seconded by Councilman Wiegert. Ayes - all. d. Councilman Greavu moved to appoint Village Attorney Donald Lais to represent the Village of Maplewood in developing the joint powers agre ment with the governmental units involved, - 14 - 12/16 Seconded by Councilman Wiegert. Ayes - all. 6. Authorization of Transfers a. Manager Miller presented a resolution regarding transfer of funds as recommended in the 1970 Village audit report. In addition, the cre- ation of one debt service fund from the existing nine bond issues, as per the audit, is also recommended. b. Councilwoman Olson in Qduced the following resolution and moved its adoption: (approving transfer) 71 - 12 - 298 WHEREAS, the Village Council of the Village of Maplewood has engaged the firm of Johnson & De La Hunt, certified public accountants, to perform auditing services for such village for the fiscal year of 1970; and WHEREAS, the firm of Johnson & De La Hunt has completed the audit and submitted a report of the financial status of the village for the year 1970; and WHEREAS, a public presentation, at a regular council meeting, was made of the audit report wherein several transfers were recommended by the firm of Johnson & De La Hunt; and such transees were concurred upon by the staff and to which no objections were heard; BE IT HEREBY RESOLVED THAT THE VILLAGE COUNCIL OF THE VILLAGE OF MAPLEWOOD, MINNESOTA hereby authorizes the transfers to and from Funds and Accounts, as recommended by the firm of Johnson & De La Hunt in- cluded in the audit report in schedule 18.4, pages I - 3, and which are hereby attached and shown as exhibit "A ", and therefore made a part of this resolution. Seconded by Councilman Wiegert. Ayes - all. c. Councilman Wiegert introduced the following resolution and moved its adoption: (creating debt service fund) 71 - 12 - 299 WHEREAS, the Village Council of the Village of Maplewood has engaged the firm of Johnson & De La Hunt, certified public accountants, to perform auditing services for such village for the fiscal year of 1970; and WHEREAS, such firm has recommended that one debt service fund should be created from the existing nine bond issues, as shown in exhibit "A" and, hereby, made a part of this resolution; and WHEREAS, the combining of such nine bond issues into one debt service fund would reduce the numerous accounting and audit problems which now exist by having such issues separated and, also provide a more exacting analysis of the debt service obligations of the village is impossible; and - 15 - 12/16 WHEREAS, the firm of Johnson & De La Hunt has justified the combining of such funds by stating, on page 8 of the 1970 audit report, that "bond resolutions, authorizing the sale of bonds, provides for the establishment of one sinking fund into which related assessments and tax receipts are recorded and from which bond and interest payments are made. In actual Village procedure, payments relating to a bond issue may be made from several sinking funds as the assets provided for the retirement of a par- ticular bond issue are located in several sinking funds. This procedure results in numerous accounting and audit problems. We have discussed the problem with the public examiner and it was determined the village could rectify the problem by combining nine bond issues into one debt service fund contingent upon a concurring legal opinion from the village attorney and bond consultant and the passing of a council resolution affecting the consolidation of 9 sinking funds into one fund;" and WHEREAS, the village attorney and village bond consultant have con- curred, in writing, with the recommendation of the firm of Johnson & De La Hunt; BE IT HEREBY RESOLVED THAT THE VILLAGE COUNCIL authorizes the com- bining of the nine bond issues, as shown in exhibit "A", into one debt service fund; and be it further resolved that the village council hereby irrevocably appropriates and pledges to the new debt service fund, herein created, the taxes and special assessments originally pledged for the pay- ment of each bond issue now payable from the common sinking fund account. Prior to doing such; it has been determined that the revenues of each of the nine (9) sinking funds, herein created as one, will produce at least 5% in excess of the amounts needed to meet, when due, the principal and interest payments on all of the obligations of the combined fund. Seconded by Councilman Greavu. Ayes - all. 7. Appointment - Planning Commission a. Manager Miller stated Francis Dreawves has announced his resignation from the Planning Commission effective immediately. Mr. Dreawves was appointed for a full three year term which expires December 31, 1974. A replacement should be named. b. Councilman Wiegert recommended Duane P_reu be appointed to the Planning Commission. c. Councilwoman Olson recommended Justa Cardinal. d. Councilman Haugan submitted the name of Roy Wicklund. e. Mayor Axdahl suggested the name of Mr. Altman. f. Following further discussion, Councilman Wiegert moved that the Plan- ning Commission recommend persons to fill the vacancy. Seconded by Councilman Greavu. Motion carried. - 16 - Ayes - Mayor Axdahl, Councilmen Greavu and Wiegert. Nay - Councilwoman Olson. Councilman Haugan abstained. 12/16 T Comprehensive Water and Sewer Studies a. Manager Miller stated the Metropolitan Sewer Board has informed the Village that we are authorized to undertake sanitary sewer improvements only until April 1, 1972 unless a comprehensive study of our system is presented to them. In addition the Homart Company will present a petition very shortly for increased water quantity and pressures at their site. At this time it appears that some sort of elevated water storage will be necessary to meet their requirements. Staff presented a report stating the needs for the water and sanitary sewer studies and the feasibility of at least undertaking interviews and receiving proposals from various consulting firms for the studies. b. Councilman Wiegert moved to authorize the staff to interview several consulting firms and receive proposals for the studies. Seconded by Councilman Greavu, Ayes - Mayor Axdahl, Councilmen Greavu, Haugan and Wiegert. Nay �­, Councilwoman Olson Motion carried. Councilwoman Olson stated she voted against the motion because she would like to see the Land Use Plan and all federal funding possibilities. 9. Registered Land Surveys a. Manager Miller stated Mr. Frank Brodac has submitted a registered land survey for approval. The property is located at White Bear and Cope. Staff recommends approval. b. Councilman Haugan moved approval of the registered land survey sub- mitted by Mr. Frank Brodac. Seconded by Councilman Greavu. Ayes - all. c. Manager Miller stated:ithat the second survey has been submitted by Northern States Power and is for an area having a major drainage course running through it and we have received no indication of the proposed storm sewer run -off as required by our platting code. In addition, there appears to be no public access to one lot as required by our Code. We would recommend that the registered land survey not be accepted until these points are clarified and /or corrected. Staff suggested that the matter be tabled until January 20, 1972. d. Councilman Wiegert moved to table Item I -9, registered land survey submitted by Northern States Power,until January 20, 1972. Seconded by Councilman Greavu. Ayes - all. 10. Hearing Dates a. Alley Vacation - Block 9, Dearborn Addition - 17 - 12/16 1. Councilman Wiegert public hearine on the ved to set January 20, 1972 as the d Seconded by Councilman Greavu. Ayes - all. b. Special Use Permit - Beam Avenue - Commercial Excavation 1. Councilman Greavu February 3, 1972 as the date for the public hearing on the request for a special use permit for commercial excavation on Beam Avenue. Seconded by Councilman Wiegert. Ayes - all. J. COUNCIL PRESENTATIONS 1. Mayor Axdahl stated he had received a letter from the Archdiocese of St. Paul regarding lower income housing. K. ADMINISTRATIVE PRESENTATIONS 1. Manager Miller stated Council had given J & W Boats and Motors until December 16, 1971 to post a bond to insure completion by July 1, 1972 of the conditions imposed at the time the original building permit was issued. They were advised of this condition by a letter sent December 3, 1971, They have not submitted the bond. Councilman Greavu moved to notify J and W Boat and Motors of the necessity of the bond and for them to show cause why they have not complied with Village imposed conditions by January 6, 1972, Seconded by Councilwoman Olson Ayes - all. 2. Village Attorney Lais stated Ramsey County has not the money budgeted to purchase the Markham Property. The Village has acquired the property through eminent domain. L. ADJOURNMENT 11:25 P.M. City Clerk - 18 - 12/16 PART I FEES - SERVICES - EXPENSES ACCOUNTS PAYABLE DECEMBER 16, 1971 ITEM NO. CHECK NO. CLAIMANT PURPOSE AMOUNT 1. 14896 Municipal Court of Maplewood November expenses $ 2,502.10 2. 14897 Municipal Court of Maplewood Jury 78.00 3. 14898 Metropolitan State Jr. College Registration fee 24.75 4. 14899 GEM Supplies 63.77 5. 14900 First State Bank of St.Paul Fed.Tax 12/3/71 3,820.26 6. 14901 Minn.State Comr. of Taxation State Tax 12 /3/71 1,647.90 7. 14902 City and County Credit Union 12/3/71 remittance 1,157.50 8. 14903 O.B. Thompson Electric Refund 26.00 9. 14904 Minn. State Treas.- Surtax Nov, remittance 206,29 10. 14905 Shafer Contracting Co. Est. No. 6- 70 -5 119,707.14 11. 14906 First State Bank of St.Paul Investment 692,922.22 12, 14907 Postmaster Postage 8.00 13, 14908 Lais & Bannigan Legal fees 1,328.50 14, 14909 Lais & Bannigan Legal fees 225.00 15. 14910 Lais & Bannigan Legal fees - Const. 1,449.75 16. 14911 Twentieth Century Printing Supplies 89.50 17. 14912 Northern States Power Utilities 541.52 18. 14913 Northwestern Bell 777 9850 21.60 19, 14914 Northwestern Bell 777 8131 689:70 20. 14915 Warners Supplies 2.4.9 21, 14916 Team Electronics Repair 12,95 22. 14917 Lee's Floor and Janitor Service Services 54.20 23, 14918 Lake Sanitation Nov. services 24.50 24. 14919 Xerox Supplies 90,25 25, 14920 Maplewood Review Nov. publications 642.00 26. 14921 Brady - Margulis Co. Supplies 193.51 27. 14922 League of Minn. HR Comsn. Dues 52.00 28. 14923 Westinghouse Electric Supplies 12.79 29. 14924 Northwestern Tire Tires 389.54 30. 14925 Blumberg Photo Sound Co. Supplies 20.20 31. 14926 St.Paul Police Pistol Club Supplies 90.00 32, 14927 Intern. Assoc, of Chiefs - Police Publication 5.00 33, 14928 Northwestern Bell Teletype Service 123.25 34, 14929 Northwestern Bell 777 8191 67.66 35. 14930 Gregory L. Stafne School expenses 45.00 36, 14931 Hauenstein & Burmeister Services 2,49 37. 14932 The Big Wheel Supplies 1.19 38. 14933 Battery Warehouse Service Supplies 161.72 39. 14934 White Bear Dodge Inc, Repairs 543.59 40, 14935 Emergency Vehicle Supply Repairs 217.59 41. 14936 Robert T. Flint, Ph.D. Services 20,00 42. 14937 Superamerica Services 43.94 43. 14938 Northwestern Bell 777 8131S1 45.00 44. 14939 Northern States Power Utilities -CD 7.00 j 45.1 14940 Shoppers City Auto Supplies 35.29 . 12/16/71 ITEM NO. CHECK NO. CLAIMANT PURPOSE AMOUNT 46. 14941 A. C. Schadt Supplies $ 5.60 47. 14942 Minn. State Fire Chiefs Assn, Dues 5.00 48. 14943 Village of North St.Paul Hydrant Rental 390.00 49. 14944 Northwest Process Supplies Supplies 25.20 50. 14945 Infinite Graphics Supplies 70.64 51. 14946 Northwestern Bell Utilities 6.75 52. 14947 Maplewood Review Subscription 7.50 53. 14948 William C. Cass Expenses 3.79 54. 14949 Ziegler Inc. Services 40.00 55. 14950 Aircomm Maim enance 130.50 56. 14951 MacQueen Equipment Supplies 4.80 57. 14952 Northern States Power Utilities 168.07 58. 14953 T. A. Schifsky Supplies 17.48 59. 14954 Cargill Inc. Sand 452.59 60. 14955 Viking Steel Maint. materials 512.46 61. 14956 T. A. Schifsky & Sons Maint. materials 278.40 62. 14957 Ashbach Aggregate Maint, materials 1,332.89 63. 14958 SIRI Chemicals 296.73 64. 14959 W. H Barber Oil Fuel 74.36 65. 14960 No. American Safety Signs & Signals 58.56 66. 14961 Crossroads Ford Repairs 20.22 67, 14962 Lake Sanitation Services 96.00 68. 14963 Midway Tractor & Equipment Equipment 275.00 69. 14964 Donald Sholund Services 42.00 70. 14965 Nicholas Ensrude Services 42.00 71. 14966 Herb Tousley Ford Repairs 10.69 72. 14967 Lindahl Cabinets Supplies 6.00 73. 14968 Farmers Steel Co. Supplies 9.50 74. 14969 Capitol Supply Co. Parts 57.20 75. 14970 Truck Utilities & Mfg. Repairs 431.10 76, 14971 Northern States Power Utilities 4.92 77. 14972 Village of North St.Paul Street Lighting 30.06 78, 14973 Northern States Power Street Lighting 1,572.97 79. 14974 Rice Hotel Reservations 94.73 80. 14975 G.M. Stewart Lumber Co. Supplies 7.53 81. 14976 Sunray Paint & Supply Supplies 2.80 82. 14977 Bd. of Water Commissioners Utilities 2.30 83. 14978 Frank Anderson Servic es 77.50 84. 14979 Northern States Power Utilities 65.33 85. 14980 Mark Peterson Services 78.75 86. 14981 John Scharfbillig Services 9.61 87. 14982 Frank Kirsebom Supplies 1.95 88. 14983 Minn. Chapter I.C.B.O. Membership 10.00 89. 14984 University of Minn. Registration 35.00 90. 14985 Accurate Electric Repairs 29.10 91. 14986 Dayton Bluff.Sheet Metal Repairs 145.00 92. 14987 Northern States Power Lift Station Utilities 917.23 93. 14988 St.Paul Overall Laundry Services 52.20 94. 14989 Paulson Supply Co. Repairs 96.25 95. 14990 Maplewood Sewer & Water Repairs 283.28 96. 14991 Lee's Auto Supply Parts 21.60 97. 14992 Fleet Supply Repairs 20.20 98. 14993 James J. Kranz Services 23.00 99. 14994 Maplewood Sewer and Water Repairs 230.44 12/16/71 ITEM NO. CHECK NO, CLAIMANT PURPOSE AMOUNT 14995 14996 14997 14998 14999 15000 15 001 15 002 15 003 15 004 15005 15006 15007 15008 15009 15010 15011 15 012 15013 15014 15015 15016 15017 15018 15019 15020 15021 15022 15023 15024 15025 15026 15 02 7 15028 15029 15030 15031 15032 15033 15 034 15 035 15036 15037 15038 15039 15040 15041 15 042 15043 Tabulating Service Bureau Bd. of Water Commissioners Truck Utilities & Mfg. Co. Coast to Coast Stores Oxygen Service Co. Julian M. Johnson Howard Needles Tammen and Bergendoff Northwest Publications Muske - Tansey Co. John J. Kenna Ronald J. Blomquist B.T.S.& C. Inc. Lester A. Deets and Lois Deets IUOE -Local 49 B &. E Inc. Twin City Testing & Eng. Joseph L. Norquist, M.D. Parkside Fire Department Gladstone Fire Department East Co. Line Fire Dept. James Embertson Eugene R. Murray Minn. State Treasurer -PERA Gross Industrial Service National Cash Register Minn. Hospital Service Donald H. Campbell Warner Hardware John Mortensen SIRI Minn. State Treas. PERA Minn. State Treas, PERA Shafer Contracting Co. University of Minn. Thomas Hagen Richard Schaller Twentieth Century Printing Gladstone Power Equipment Goodall Rubber Co. Howie's Lock & Key Truck Utilities Bob's Hardware Bury & Carlson Beatson & Kelly Inc. A F U Davies Water Equipment Terrace Auto Supply William Nellis Shafer Contracting Co. Check No. 14896 through Check No. 15043 Service $ 65.52 Utilities 141.14 Repairs 25.60 Tools 20.00 Fuel 3.60 Est. No. 1- 71 -8 18,205.00 Engineering 9,182.07 Classified ad 83.16 Services 70 -5 900.00 Services 70 -5 900.00 Services 70 -5 900.00 Engineering 1,342.10 San.Sewer easement 640.00 Dec, dues 84.00 Dec,contract serv. 516.00 Nitrate tests 35.00 Health Officer fee 100.00 4thgtr, fire protection 9,625.00 4th qtr,fire protection 10,725.00 4th gtr,fi.re protection 8,394.50 December retainer 33.00 December retainer 702.00 additional contribution 22.73 Supplies 12.60 Equipment 3,245;00 Nov. & Dec. premium 6,237.45 Engineering 1,265.00 Parts 5.16 Supplies 20.00 Supplies 33.54 Payroll dated 12/3/71 1,615.98 Payroll dated 12/3/71 2,526.41 Services 610.40 Registration 160.00 Clothing allowance 38.73 Clothing allowance 3.88 Supplies 72.30 part 2.40 Supplies 6.00 Services 25.00 Repair 20.00 -Supplies 2.50 Est. No.2- 69 -19 65,160.29 Est. No.5- 69 -15 15,925.95 Parts 2.65 Supplies 53.00 Repair 90.77 Refund 9.00 Estimate No. 7 70 -5 168,305.84 TOTAL PART I $1,166,190.70 12/16/71 PART II i. PAYROLL ITEM NO. CHECK NO. CLAIMANT AMOUNT 1, 3442 Vivian R. Lewis $ 200.24 2. 3443 Michael G. Miller 540.90 3. 3444 Donald W. Ashworth 358.64 4. 3445 Lucille E. Aurelius 266.49 5, 3446 Kenneth J. Casper 221.32 6. 3447 Judy M. Chlebeck 164,82 7. 3448 Barbara J. Feyereisn 170.54 8. 3449 Phyllis C. Green 191.65 9. 3450 Arline J.. Hagen 205.59 10, 3451 Betty D. Selvog 188.23 11. 3452 Lydia A. Smail 144.65 12. 3453 Charles E. Anderson 344.06 13, 3454 David L. Arnold 306.12 14, 3455 John H. Atchison 288.48 15, 3456 Anthony G. Cahanes 350.63 16, 3457 Dale K. Clauson 261.16 17, 3458 Kenneth V. Collins 332.60 18. 3459 Dennis S. Cusick 335.60 19. 3460 Dennis J. Delmont 293.29 20. 3461 Robin A. DeRocker 296.64 r 21. 3462 Richard C. Dreger 285.99 22. 3463 Raymond E. Fernow 273.77 23. 3464 Patricia Y. Ferrazzo 204.71 24. 3465 David M. Graf 282,56 25. 3466 Norman L. Green 325.63 26. 3467 Thomas L. Hagen 38.7.95 27. 3468 Kevin R. Halweg 212.51 28. 3469 James T. Horton 271.42 29, 3470 Donald V. Kortus 188.56 30. 3471 Roger W. Lee 286.58 31. 3472 John J. McNulty .303.67 32. 3473 Richard M. Moeschter 273.20 33. 3474 Robert D. Nelson 316..85 34, 3475 William F. Peltier 230,54 35, 3476 Dale E. Razskazoff 212.31 36. 3477 Richard W. Schaller 432.03 37. 3478 Robert E. Vorwerk 233.94 38. 3479 Duane J. Williams 277.19 39. 3480 Joel A. White 112.08 40. 3481 Joseph Z. Zappa 361.15 41, 3482 Donald . Skalman 259.45 42. 3483 Gregory L. Stafne 296.55 43, 3484 Pamela J. Schneider 149.04 44. 3485 Marcella M. Mottaz 170,.48 45. 3486 - Alfred C. Schadt 345.19 46, 3487 Frank J. Sailer 133.56 12/16/71 ITEM NO. CHECK NO. T 47. 3488 48. 3489 49. 3490 50. 3491 51. 3492 52. 3493 53. 3494 54. 3495 55. 3496 56. 3497 57. 3498 58. 3499 59. 3500 60. 3501 61. 3502 62. 3.503 63, 3504 64. 3505 65. 3506 66. 3507 67, 3508 68. 3509 69. 3510 70. 3511 71. 3512 :.. 72. 3513 73. 3514 74. 3515 75. 3516 76. 3517 Check No. 3442 through Check No. 3517 Check No. 14896 through Check No. 15043 Check No. 14864 dated 12/2/71 $21.53 CLAIMANT Bobby D. Collier William C. Cass Raymond J. Hite, Jr. Calvin L. Jansen Janet A. Rois Thomas J. Sanders Bernard A. Kaeder Raymond J. Raeder Henry F. Klausing Gerald W.Meyer Joseph W. Parnell Arnold H. Pfarr Joseph B. Prettner Edward A. Reinert Greg J. Bailey Myles R. Burke Herbert R. Pirrung Stanley E. Weeks David Germain Kevin B. McNulty Frank R. Kirsebom Anthony T. Barilla Richard J. Bartholomew LaVerne S. Nuteson Gerald C. Owen Thomas C. Rowan JoAnn C. Christensen John P. Joyce Eric J.Blank Bailey A. Seida VOID AMOUNT $ 539.10 317.69 406.89 245.46 176.29 193.89 290.86 317.30 297.59 226.11 298.83 353.07 436.45 286.87 117.98 270.94 331.41 257.36 193.63 92.21 344.68 400.05 332.28 216.18 318.75 189.71 166.27 340.43 ° 105.62 418.00 TOTAL PART II $ 20,770.46 TOTAL PART I $1,166,190.70 SUM TOTAL $1,186,961.16 12/16/71 I MINUTES OF MAPLEWOOD BOARD OF APPEALS AND ADJUSTMENT 8:30 P.M., Thursday, December 16, 1971 Council Chambers, Municipal Building L Meeting No. 71 - 7 A. CALL TO ORDER A meeting of the Maplewood Board of Appeals and Adjustment was held in the Council Chambers, Municipal Building, and was called to order at 8:44 P.M. by Chairman Haugan. B. ROLL CALL Harald L. Haugan, Chairman Present Lester G. Axdahl Present John C. Greavu. Present Patricia L. Olson Present Donald J. Wiegert Present C. PUBLIC HEARING 1. Variance - Setback Requirements (8:30 P.M.) a. Chairman Haugan convened the meeting for a public hearing on the request of Mr. William J. Kaufman for a setback requirement variance for Lot 30, Block 11, St. Aubin and Dion's Rice Street Addition. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller stated William J. Kaufman (163 N. Cleveland Avenue, St. Paul) requests a variance of 10 feet from the minimum 30 foot setback requirement of the zoning regulations for his lot at the southeast corner of Sylvan Street and Kingston Avenue. It is recommended that the variance be granted with the condition that a building permit for a structure on the premises must be issued within a nine month period. The favorable recommendation is due to the fact that surrounding homes in the area are built a minimum of 20 feet back from the property lines. c. Chairman Lyman Coombs read the following Planning Commission recommendations: "Based upon the staff's report and other submitted information the Planning Commission recommends to the Board of Appeals and Adjustment that the variance be granted as requested. Commissioner Mogren seconded. Motion carried Ayes - all." d. Chairman Haugan asked if there was anyone present who wished to speak on behalf of the variance. e. Chairman Haugan asked if there was anyone present who wished to speak in opposition or who wished to register a formal objection. None were heard. f. Councilwoman Olson moved that the request of Mr. William Kaufman for a 10 foot setback requirement variance on Lot 30, Block 11, St. Aubins and Dions Rice Street Addition be granted subject to the condition that a building permit be obtained within a nine month period. Seconded by Councilman Greavu. Ayes - all. - 1 - 12/16 D. APPROVAL OF MINUTES L 1. November 11, 1971 (Minutes No. 71-6) Councilman Wiegert moved that the Minutes of Meeting.,, No. 71-6 be approved as submitted. Seconded by Councilman Greavu. E. ADJOURNMENT 8:47 P.M. ti City Clerk Ayes - all.