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HomeMy WebLinkAbout05-18-1972AGENDA Maplewood Village Council 7:30 P.M., Thursday May 18, 1972 Municipal Administration Building Meeting 72 - 17 (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF MINUTES 1. Minutes No. 72 -15 (May 4) 2. Minutes No. 72 -16 (May 11) (D) PUBLIC HEARINGS 1. Board of Appeals and Adjustment (Variance Request) - Set- back (Northwest corner of Sophia & Edward) (7:30 P.M.) _ 2. Home Occupations (Beauty Shops): a. 2083 Arcade (7:45 P.M.) b. 2633 East 5th (8:00 P.M.) 3. Water Improvement - Myrtle Street, south of Larpenteur (8:15 P.M.) E) AWARDING OF BIDS 1. Water Improvements - Larpenteur and Myrtle 2. Sanitary Sewer Improvement - Holloway Avenue F) APPROVAL OF ACCOUNTS G) VISITOR PRESENTATIONS (H) UNFINISHED BUSINESS 1. Special Use Permit - Solid waste transfer station (Century Avenue) _ 2. Special Use Permit (Excavation) - North of Beam Avenue and west of T.H. 61 (Plan review) 3. Water Main Improvement - County Road B (Request for re- consideration) 4. Village Insurance - Committee report 5. School Facility Use (District No. 622) - Joint agreement 6. Village Dump - Coverage 7. Zone Change - Hearing date 8. Street Improvement Ri,.,)-Ie-v Avenue, Hazel to Ruth (final plans) 9. Street Improvement Conway and McKnight: a. Final plans b. Temporary semaphores 10. Street. ln:proveiaent - Burke Street (report) 11. Sidewalk improvement - Upper Afton Road (Feasibility re- port) 12. Dit,--!Ii irworov-Men'C - Battle Creek, North Branch (Engineer- inq Sandy Lake 2. Right--of--WJay Use Raquest Skillman Avenue (East of Encilish) 31 -'Ruilfflng Plan Re,/iew- a. Resl-aurant -- njlf) cornc- c)f Tyqhi4l-.-- County Road D b. Automobile oealersIA.p Souuieast corner of T.i1. 61 and Connor Street (Use exception) C. Medical Clinir, ExiDansion Century Avenue (Johnson Clinic) 4. Final Subdivision Plat Re-view Belisle's First Addition 5. Lot Divisions 6. Water Improvement. - Linwood Avenue (Petition) 7. Street Alignment - Carlton 8. , Tax - Property Release COU-,,,IC171 IPRESE.NTATTONS (K) ADMINJ'STRATP/E PPE=N'A"AY]".0NfS (L) ADJOURNMENT ADDENDUM TO THE AGENDA Meeting 72 - 17 I T E M D -1 -2a Mr. Willard Franke has requested authority to construct a building within 10.6 feet of Sophia as compared with the 30- foot setback required by the Zoning Code. Due to the fact that the variance request involves the Zoning Code, the matter is one to be decided by the Board of Appeals and Adjust- ment. The lot in question is higher than Sophia Avenue and no buildings in the area are located as close to the street as proposed by the applicant. Site clearance at the inter- section is obstructed by hedges, lot elevations and hilly streets. Denial of the request is recommended because (1) land area is available on the lot for the construction of a home in accordance with minimum standards without the request- ed variance, (2) deviations from the setback requirements from intersections has not occurred elsewhere in the area and such a variance would be a special priviledge for the applicant, (3) the variance would inhibit site clearance and reduce traffic safety at the intersection and (4) the variance would result in a conflict with the driveway curb cut provisions of the Village Code. The Planning Commission concurred in the staff recommend- ation. There is actually no provision for such a commercial activity in the residential area. The Code provides for "offices of professional persons ", art studios, photography studios or "other artistic pursuits ". Although beauty shops do not fit for them these uses, it has been the practice of the Village Council to consider beauty shops as a special use. The comment is often made that such uses are not in themselves nuisances, and that if, at a _later date, such a use should become a nuisance, action can be taken at that time. It should be noted that to withdraw a special use permit at a later date is an exceptionally difficult process, if not impossible. The only realistic avenue open for correction is the nuisance provisions of the Code which provides for a fine and /or a jail sentence, but do not in themselves result in the corrections of nuisances. The original occupancy is realistically the only time at which the Village has complete control over a use. Denial of the request for permission to locate a beauty shop at 2083 Arcade is recommended due to the fact that there is no provision in Village Code for such a use. This beauty shop is evidently been in operation for some time. It was called to our attention due to a parking problem in the area involving street conjestion. The applicant has submitted a petition of a number of the surrounding property owners stating that they have no objections to the proposal. We also have a letter from one owner stating his objection. You have evidently received a copy of this letter. The Planning Commission recommends the approval of the application "subject to those conditions necessary to secure the health; safety and general welfare of the community ". The Commission also recommends that the permit be limited to one year, subject to review by the Council at the end of the year. D -2b The comments listed under item D -2a relative to my thoughts regarding the allowance of beauty shops in residential areas is applicable in this case also. The applicant failed to sub - mit signatures of surrounding residents; however, it should be pointed out that such signatures are not required for the special use permit. The staff recommends denial of the request based on the fact that there is no provision for such a permit in the Code. D -3 A valid petition was received for the construction of a water main on Myrtle Street from Larpenteur Avenue south for a distance of 1320 feet. If approved the project will be tied into the Larpenteur Avenue watermain construction project to be let under item E -1. The ordering of the project is recommend- ed. E -1 The bids for this project will be opened today '(May 16) and the results will be presented at the Council meeting. E -2 This project is being rebid due to the failure of the low bidder to honor his bid submitted the first time. The property owners to be affected by the assessment for the project have been notified that the project was being rebid at this time and that the bids will probably be substantially in excess of the original estimate of the project. The Village is picking up 80 per cent of the cost of the project. H -1 Mr. Kueffer and Mr. Vanderhoff have now formerly submitted an application for a special use permit for the location of a solid waste transfer station on Century Avenue as per our dis- cussions previously. Comments from the Metropolitan Council and MPCA are not submitted with the application; however, it is my understanding that the applicants plan to submit that .information at the hearing. The Council, is now faced with the .question of whether or not this particular request should be exempted from the moritorium and if so why should it be exempted. H -2 One of the conditions for approval of the special use permit for this excavation project was that the permitee submit a develop- ment program for the area to be excavated. Copies of that plan are enclosed. The Engineer has reviewed the plans and finds that the proposed development is such as to create the least disturbance to adjacent property. Acceptance of the plan is recommended. H -3 Bernard L. Edmonds, Director of the Ramsey County Parks and Recreation Department, has requested that the Council reconsider its decision not to proceed with a water line on County Road B from O'Day Street to the vicinity of highway 61. This proposed water line would serve the club house at the Keller Golf Course. The County property consitutes less than 35 per cent of the affected adjacent property; therefore, it would be necessary for the council to initiate the project. Although the staff recommended the application of the moritorium in this case, I have been advised that the proposed line would be a major factor in fire protection for the area. In addition, I am -2- informed that, in the case of water project, the water study should be far enough along in most cases to apply to such pro- jects. It is recommended that a feasibility study be ordered for this project. H -4 Enclosed is information submitted to me by your Insurance Committee regarding the organizational set up of that committee and specifications for Village insurance. The staff is now reviewing this material and will report back at the next regular council meeting. It is recommended that the report of the Committee be accepted and referred to staff. 11-5 You have received a copy of this agreement with the agenda of May 4. The joint policy was developed between the communities of Woodbury, Oakdale, North St. Paul and Maplewood relative to the use of school facilities in District No. 622. The policy has been worked out over a period of one and one half months through a series of meetings between the communities. The school officials have received drafts of the agreement, but official review and comments will not be requested until the individual communities have acted upon it. The agreement would result in community cooperation with the school system relative to long range planning and design and development of school sites and the scheduling and use of school facilities for community purposes. The agreement would establish a joint committee composed of staff representatives from each community and the District to provide better communication and exchange of information. It relieves the District of liability from all claims for loss, damage, death or injury "caused by the improvement, operation, or use of school sites for the participating communites..." It is also provided that the member community "shall enjoy the priviledge of joint use of school. district facilities for community recreation when such use does not interfere with the purposes for.which the facilities were designed ". It provides for the appointment of a Community Services Director by the District to coordinate the use of school facilities for community purposes. Such uses are to be channeled through the appropriate community department only. The agreement provides that the individual community will be responsible for any damages to school facilities which are directly resultant from community programs. It provides that increased routine maintenance, such as cleaning of floors and furniture, etc., shall be borne by the District. The Village Attorney is reviewing the agreement. Approval of the agreement is recommended subject to any legal comments made by the Attorney. Marvin Mahre will be present representing the Parks and Recreation Commission. H -6 Enclosed is a copy of the agreement between the Village and Blake, Inc.. The agreement is rather vague and makes no mention of final coverage of the dumping area. The condition that the dump be put "in acceptable condition which will include hauling in fill and grading, at the cost to the Village of Maplewood of $500.00" referred to the taking over of the dump by Blake from another contractor at the time of the agreement (1968). Much of the cost involved in the covering which we are now being billed for was the result of dumping after the dump was officially closed. It is again recommended that the payment -3- of the bill to Blake, in the amount of $4,431.00, be authorized in the form of the resolution presented to you on May 4. H -7 A condition of the zone change north of the Forest Green apart- ment complex and south of Holloway was that street right -of -way be dedicated. The owner of the land has now refused to dedicate the required street right -of -way. Prior to the rezoning of the area from R -3 to FR a public hearing is required. A date of July 6 is recommended for the public hearing on the zone change. H -8 The final plans are prepared for this project. They should be accepted and a bid date set. H -9 Final plans are prepared for this project and should be accepted and a bid date set. In addition, the Village Attorney should be authorized to acquire temporary and permanent easements for the project. In addition, it will be necessary to install temporary signals at Conway and McKnight prior to the beginning of the construction authorized for the area. Informal proposals are being obtained from competent contractors in the area for the installation. The results of these bids will be tabulated and available at the Council meeting. H -10 The Council had asked the staff to review the types of work that could be done on Burke Street other than that proposed in 1970. The staff has reviewed the original feasibility study and does not feel that the work can be satisfactorily completed at a lessor cost. Some intermediate type of surfacing could be _applied, such as a road mix or seal coat; however, this would be strictly a temporary measure, because a large portion of the problem in the area is water which not only enters driveways and yards but also accumulates under any temporary surfacing and quickly causes failure of that temporary pavement. This, of course, results in costly maintenance along with an inferior driving surface. In good faith, we can only recommend the project as proposed in the original feasibility report. It should be pointed out that ten per cent should be added to the cost shown in that report due to the lapse of time. H -11 As per your request a feasibility study has been prepared relative to the installation of sidewalks on Upper Afton Road from O'Day Street to Century Avenue. The feasibility report deals with the entire length of Upper Afton Road from McKnight to Century Avenue. The area from O'Day Street west to McKnight was considered not feasible when taken alone for construction at this time due to the lack of a grading bench upon which to place the sidewalk. Large amounts of excavation and fill would be necessary. Traffic studies have not been completed for Upper Afton Road to the extent of being able to plan future grades for the roadway. Additional right -of -way will be required prior to the installation of sidewalks. If the right -of -way were purchased now it would have to be done without state aid monies which will be available after grade and cross sections are established. Therefore, if the project were undertaken at this time Village monies would have to be expended. In addition, the Village does not have assessment procedures relative to sidewalks at this time. Questions relative to these -4- assessments are now being studied by the staff, and a variety of methods of assessing are available. For these reasons it has been established that this project is premature and is therefore not feasible at this time. H--12 Attached is a proposed engineering agreement with Barr Engineer- ing Company for the preparation of final plans and specifications for the improvement to the North'Branch of Battle Creek. The costs involved are reasonable, if not low. Adoption of the agreement is recommended with.the stipulation that the upset figure include that work already done on the preliminary report. T--1 We have received .a petition from a number of citizens stating that they "would like very much to have the pollution by the St. Paul Water Department brought to a halt ". The petition refers to Sandy Lake having a slimy substance which is unsightly and having a foul odor. It also mentions that when it is dry and windy a white dust from the pond spreads over the neighbor- hood. The petition also states that if the pollution ' can't be stopped the water level- should be raised a foot or so to keep the slime covered. Representatives of the petitioners and a representative of the St. Paul Water Department are to be present at the meeting. 1.2 We have received a request from Richard J. Andersen that he be given permission to have private access via the dedicated, but unimproved, Skillman Avenue to his property. He proposes "to install, without bond or regulations, to Village standards, a road to the property for its use, and would not want to go into maximum costs of a wide blacktop drive with only minimum use of the land ". We have no objection to Mr. Andersen's pro- posal subject to comments from the Village Attorney. We do _ believe that the crossing of the railroad tracks by Skillman Avenue will be a desirable objective in the future. The first step in the process of crossing the tracks will be a petition to the Public Service Commission to allow an at -grade crossing. we would recommend that such a petition be submitted at this time. T-3a Due to the location of this proposal the staff is concerned about the cropping up of a row of such uses in the area. Due to the nature of such franchise businesses we are concerned about building architecture, excessive curb cuts and spacing of curb cuts and maximum coverage of the area with little or no landscaping. However, the proposal does meet- all Code requirements. I -3b The request is for a commercial use in a light industrial zone; therefore, a special exception is required by the Council upon the finding that such a use will not hinder the industrial development of the area. it is recommended that the exception. not be granted until the State Highway Department approves the proposed access. It is believed that if the State develops the road system as shown on the acquired right --of --way, then traffic safety could easily present a problem. If the special t, exception is not granted, then the building plan need not be L reviewed. Ag_ I -3c These plans are being reviewed at the time of this writing, and a report will be presented at the meeting. The proposal will require variances from the parking regulations in that 103 spaces are proposed as compared with the required 112 spaces. In addition, the spaces are proposed to be nine feet by twenty feet as compared to a requirement of ten feet by twenty feet. I -4 Approval of this plat is'recommended. I -5 A review of the proposed lot divisions is included. I -6 We have received a petition by thirty per cent of the property owners for the extension of the watermain in Linwood Avenue for a distance of approximately 1600 feet.. Persons in the area are having difficulties with wells and in one instance the water level has receded to the point where the well is practically useless. The project at which has been ordered for Londin Lane and Mailand Road will only be able to be done for a small distance this year instead of the full project, because the Wiensch project will require water for a distance of approximately 1200 -feet in Mailand Road but the proposed subdivision at the east end of the project has failed to materialize. There is also a possibility that street and grade alignments could change in this area. Therefore, it is not feasible to extend it past the Wiensch property at this time. It will be advantageous to bid the two projects together to attract more competitive bidding. It is recommended that a feasibility report be requested. This would be a Council- initiated project. I -7 The staff and the Planning Commission has recognized the need for an interior collector roadway along the Carlton - Sterling alignment of the Village. There is presently a cemetery in the vicinity of this alignment to the north of Minnehaha Avenue. This cemetery is rapidly expanding and will soon occupy that area needed for roadway continuation. We request authority to prepare a route location study and to prepare a preliminary acquisition plans for the area. The majority of the corridor has been designated as a state aid route; however, that area directly north of Minnehaha has yet to be received the designation. Once the necessary engineering has been accomplished, we will then be able to designate this section. We believe that such a move at this time will avoid future problems relative to road alignment and cemeteries. I -g We have received a request to release tax forfeited lots in Magoffins North Side Addition for sale. Such a release is recommenced at this time conditioned upon the payment of all outstanding special assessments. wig MINUTES OF MAPLEWOOD VILLAGE COUNCIL 7:30 P.M., Thursday, May 18, 1972 Council Chambers, Municipal Building Meeting No. 72 - 17 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 7:35 P.M. by Mayor Axdahl. B. ROLL CALL Lester G. Axdahl, Mayor Present John C. Greavu, Councilman Present Harald L. Haugan, Councilman Present Patricia L. Olson, Councilwoman Present Donald J. Wiegert, Councilman Present C. APPROVAL OF MINUTES 1. Minutes No. 72 -15 (May 4, 1972) Councilman Wiegert moved that the Minutes of Meeting No. 72 -15 (May 4 1972) be approved as submitted. Seconded by Councilman Haugan. Ayes - all. 2. Minutes No. 72 -16 (May 11, 1972) Councilman Wiegert moved that the Minutes of Meeting No. 72 -16 (May 11 1972) be approved as submitted. Seconded by Councilman Greavu. Ayes - all. D. PUBLIC HEARINGS Mayor Axdahl adjourned the meeting at 7:40 P.M. Mayor Axdahl reconvened the meeting at 7:49 P.M. 2. Home Occupations (Beauty Shops): a. 2083 Arcade Street (7:45 P.M.) 1. Mayor Axdahl convened the meeting for a public hearing on the application of Mrs. Maria Silberbauer, 2083 Arcade Street, to operate a beauty salon in her home. The Clerk read the notice of hearing along with the dates of publication. 2. Manager Miller stated that there is actually no provision for such a commercial activity in the residential area. The Code provides for "offices of professional persons ", art studios, photography studios or "other artistic pursuits ". Although beauty shops do not fit these - 1 - 5/18 uses, it has been the practice of the Village Council to consider beauty shops as a special use. The comment is often made that such uses are not in themselves nuisances, and that if, at a later date, such a use should become a nuisance, action can be taken at that time. It should be noted that to withdraw a special use permit at a later date is an exceptionally difficult process, if not impossible. The only realistic avenue open for correction is the nuisance pro- visions of the Code which provides for a fine and /or a jail sentence, but do not in themselves result in the corrections of nuisances. The original occupancy is realistically the only time at which the Village has complete control over a use. Denial of the request for permission to locate a beauty shop at 2083 Arcade is recommended due to the fact that there is no provision in Village Code for such a use. This beauty shop has evidently been in operation for some time. It was called to the Villages attention due to a parking problem in the: -area involving street congestion. The applicant has submitted a petition of a number of the surrounding property owners stating that they have no objections to the proposal. Staff has a letter from one owner stating his objection. 3. Chairman Lyman Coombs presented the following Planning Commission recommendation: "Commissioner Singer moved that the Planning Commission recommend to the Village Council that the application for beauty salon to be con- ducted within the home at 2083 Arcade Street be granted subject to those conditions necessary to secure the health, safety and general welfare of the community. Further, be it recommended to the Council that the permit be limited to one year at which time the Council should review such permit. Commissioner Mogren seconded. Motion carried by majority vote with Commissioners Barrett, Coombs and Stolzman voting no on the motion." 4. Mayor Axdahl called for proponents. Mrs. Louise Miller O'Neill, attorney, spoke on behalf of her client, Mrs. Silberbauer. 5. Mayor Axdahl called for opponents. The following were heard: Francis Graham, 785 E. Belmont Lane Mr. C. E. DeGeer, 2008 Arcade Street Mr. Glover, 809 E. Belmont Lane Mr. Joseph Buelow, 2020 Arcade Street. A letter was read from Ronald and Barbara Owens. 6. Councilwoman Olson s to work out a solution to the Seconded by Councilman Haugan. Ayes -all. b. 2633 E. 5th Street (8:00 P.M.) 1. Mayor Axdahl convened the meeting for a public hearing on the application of Mrs. Marie B. Tjaden, 2633 E. Fifth Street to op- - 2 - 5/18 erate a beauty salon in her home. The Clerk read the notice of hearing along with the dates of publication. 2. Manager Miller stated the comments he presented under Item D 2 -a, regarding the allowance of beauty shops in residential areas,is ap- plicable in this case also. The applicant failed to submit signatures of surrounding residents; however, it should be pointed out that such signatures are not required for the special use permit. The staff recommends denial of the request based on the fact that there is no provision for such permit in the Code. 3. Chairman Lyman Coombs presented the following Planning Commission recommendation: "Commissioner Singer moved that the Planning Commission recommend to the Village Council that the application for beauty salon within the home at 2633 E. 5th Street be granted subjected to those conditions necessary to secure the health, safety and general welfare of the com- munity. And further, be it recommended that the permit be limited to one year at which time the Village Council should review such permit. Commissioner Mogren seconded. Motion carried by majority vote with Commissioners Coombs, Stolzman and Barrett voting no on the motion." 4. Mayor Axdahl called for proponents. The applicant did not wish to make any comments. 5. Mayor Axdahl called for opponents. None were heard. 6. Mayor Axdahl called for formal objections. None were heard. 7. Mayor Axdahl closed the public hearing. 8. Councilman Greavu moved to delay decision for two weeks to allow for additional written testimony to be filed. Seconded by Councilman Wiegert. Ayes - all. 3. Water Improvement - Myrtle Street, South of Larpenteur (8:15 P.M.) a. Mayor Axdahl convened the meeting for a public hearing for the con- struction of water mains on Myrtle Street from Larpenteur Avenue 1320 feet South. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller stated a valid petition was received for the con- struction of a water main on Myrtle Street from Larpenteur Avenue south for a distance of 1320 feet. If approved the project will be tied into the Larpenteur Avenue watermain construction project to be let under item E -1. The ordering of the project is recommended. c. Village Engineer Collier explained the specifics of the proposed im- provement. The approximate cost will be $7.40 per foot plus $250.00 per service connection. - 3 - 5/18 d. Mayor Axdahl called for proponents. The petition had been signed by 81% of the homeowners. e. Mayor Axdahl called for opponents. None were heard. f. Mayor Axdahl called for formal objections. None were heard. g. Mayor Axdahl closed the public hearing. h. Councilwoman Olson introduced the following resolution and moved its adoption: (approving the project) 72 -5 -105 WHEREAS, after due notice of public hearing on the construction of water mains and appurtenances on Myrtle Street from Larpenteur Avenue to 1320 feet south a hearing on said improvement in accordance with the notice duly given was duly held on May 18, 1972, and the Council has heard all persons desiring to be heard on the matter and has fully con- sidered 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 and appurtenances and necessary street reconstruction on Myrtle Street from Lar- penteur Avenue to 1320 feet south, as described in the notice of hearing thereon, and orders the same to be made. 2. Village Engineer is designated engineer for this improve- ment and the previous direction to prepare final plans and spec- ifications for the making of said improvement is hereby affirmed. 3. This improvement is hereby designated to be Project No. 72 -6. Seconded by Councilman Greavu. Ayes - all. E, AWARD OF BIDS 1. Water Improvement - Larpenteur Avenue to Myrtle Street. a. Village Engineer Collier presented Council the bid tabulations. The bids were received May 16, 1972. Julian M. Johnson Company was the low bidder for both alternatives. (There was a question as to which side the water main should be constructed, north or south side, bidders were requested to submit alternative bids.) Acceptance of the bid for construction on the North side of Larpenteur Avenue is recommended. b. Councilman Greavu introduced the following resolution and moved its adoption: (accepting bid) 72 - 5 - 106 - 4 - 5/18 BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Julian M. Johnson Construction Company in the amount of $55,092.20 is the lowest responsible bid for the construction of Water Improvement No. 72 -4 and 72 -6, and the Mayor and Clerk are here- by authorized and directed to enter into a contract with said bidder for and on behalf of the Village. Seconded by Councilman Haugan. Ayes - all. 2. Sanitary Sewer Improvement - Holloway Avenue a. Manager Miller stated this project was rebid due to the failure of the low bidder to honor his bid submitted the first time. The property owners to be affected by the assessment for the project have been notified that the project was being rebid at this time and that the bids will prob- ably be substantially in excess of the original estimate of the project. The Village is picking up 80 per cent of the cost of the project. b. Village Engineer Collier presented the report on the bids. The low bidder is Barbarossa and Sons of $203,611.00. Acceptance of the low bid is recommended. c. Mayor Axdahl asked if any persons in the audience wished to speak in regards to the bid. None were heard. d. Councilman Greavu introduced the following resolution and moved its adoption: 72 - 5 - 107 BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Barbarossa & Sons, Inc., in the amount of $203,611.00 is the lowest responsible bid for the construction of Holloway Avenue Trunk Sewer, Project No. 71 -17 (71 -6), and the Mayor and Clerk are hereby authorized and directed to enter int¢na - contract. with said bidder for and on behalf of the Village. Seconded by Councilman Wiegert. Ayes - all. F. APPROVAL OF ACCOUNTS Councilman Greavu Kira the Seconded by Councilman Haugan. G. VISITOR PRESENTATIONS ounts as submitted (Part I - Fec rough Check No. 783, $182,137.51 Part II - Payroll, Check No. in the amount of $223,356.88 be Ayes - all. 1. Anthony Cahanes, 2703 E. Seventh Street, stated the conditions that were placed on the Special Use Permit for the Dege Garden Center have not been met. - 5 - 5/18 Manager Miller stated staff is investigating and a report will be sub - mitted at the June Ist meeting. 2. Mrs. Ed Graske, 811 Mayhill Road also spoke on the adverse conditions which exist at the Dege Garden Center. 3. Mr. Richard Lofgren, 2661 Mayer Lane, expressed his concern for the terrible condition of Battle Creek. He stated it is nothing more than a 60 foot sewer. He cannot reach the back of his property without driving .9 of a mile. Mr. Lofgren stated he wants a bridge built across the creek on his property so he can get across., Following discussion, Councilwoman Olson moved to table this refer it to the Engineer and the attorney to investigate and matter be placed on the agenda for the June 1 meeting. Seconded by Councilman Wiegert. Ayes - all. 4. Mr. Steve Wing, 2713 E. Seventh, wanted to inquire about what Councils intentions were in regard to the Dege Garden Center. (IIe had arrived late in the meeting and did not hear the discussion.) Mayor Axdahl explained.'what action Council had taken. H. UNFINISHED BUSINESS 1. Special Use Permit - Solid Waste Transfer Station (Century Avenue) a. Manager Miller stated Mr. Kueffer and Mr. Vanderhoff have now form- ally submitted an application for a special use permit for the location of a solid waste transfer station on Century Avenue as per our discuss- ions previously. Comments from the Metropolitan Council and MPCA are not submitted with the application; however, it is my understanding that the applicants plan to submit that information at the hearing.. The Coun- cil is now faced with the question of whether or not this particular re- quest should be exempt from the moratorium and if so why should it be exempt . b. Mr. Donald Brown, representing the applicants, spoke on behalf of the proposal. c. Following further discussion, Councilman Haugan moved to table the matter indefinitely. Seconded by Councilwoman Olson. Ayes - all. 2. Special Use Permit (Excavation) North of Beam Avenue and West of T.H. 61 (Plan Review) a. Manager Miller stated one of the conditions for approval of the special use permit for this excavation project was that the permitee submit a development program for the area to be excavated. Copies of that plan - 6 - 5/18 have been submitted to Council. The Engineer has reviewed the plans and - finds that the proposed development is such as to create the least dis- turbance to adjacent property. Acceptance of the plan is recommended. b. Councilwoman Olson moved to approve the plan for the Special Use Permit (Excavation) as submitted. Seconded by Councilman Wiegert. Ayes - all. 3. Water Main Improvement - County Road B - (Request for Reconsideration) a. Manager Miller stated Bernard L. Edmonds, Director of the Ramsey County Parks and Recreation Department, has requested that the Council reconsider its decision not to proceed with a water line on County Road B from O'Day Street to the vicinity of highway 61. This proposed water line would serve the club house at the Keller Golf Course. The County property con - situtes less than 35 per cent of the affected adjacent property; there- fore, it would be necessary for the Council to initiate the project. Al- though the staff recommended the application of the moratorium in this case, I have been advised that the proposed line would be a major factor in fire protection for the area. In addition, I am informed that, in the case of water project, the water study should be far enough along in most cases to apply to such projects. It is recommended that a feasibility study be ordered for this project. b. Councilman Wiegert moved reconsideration of the Council decision re- garding the water line to serve Keller Golf Club. Seconded by Councilwoman Olson. Ayes - all. c. Councilwoman Olson moved to suspend the Rules of Procedure to allow reconsideration of the matter. Seconded by Councilman Greavu. Ayes - all. d. Councilwoman Olson introduced the following resolution and moved its adoption: (call for feasibility) 72 -5 -108 WHEREAS, the Village Council has determined that it is necessary and expedient that a water main be constructed in County Road "B" from O'Day Street to Trunk Highway 61; 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 Wiegert. Ayes - all. - 7 - 5/18 4. Village Insurance - Committee Report a. Manager Miller presented Council information submitted by the In- surance Committee regarding the organizational set up of that Committee and specifications for Village insurance. The Staff is now reviewing this material. It is recommended that the report of the Committee be accepted and referred back to Staff. b. Councilman Greavu moved to accept the Insurance Committee's report and to refer it to Staff for review. Seconded by Councilwoman Olson. Ayes - all. 5. School Facility Use (District No. 622) Joint Agreement. a. Manager Miller stated Council had received a copy of this agreement with the agenda of May 4. The joint policy was developed between the communities of Woodbury, Oakdale, North Saint Paul and Maplewood relative to the use of school facilities in District No. 622. The policy has been worked out over a period of one and one half months through a series of meetings between the communities. The school officials have received drafts of the agreement, but official review and comments will not be re- quested until the individual communities have acted upon it. The agree- ment would result in community cooperation with the school system relative to long range planning and design and development of school sites and the scheduling and use of school facilities for community purposes. The agreement would establish ajoint committee composed of staff represent- atives from each community and the District to provide better communication and exchange of information. It relieves the District of liability from all claims for loss, damage, death or injury "caused by the improvement, operation, or use of school sites for the participating communities..." It is also provided that the member community "shall enjoy the privileged of joint use of school district facilities for community recreation when such use does not interfere with the purposes for which the facilities were designed ". It provides for `the appointment of a Community Services Director by the District to coordinate the use of school facilities for community purposes. Such uses are to be channeled through the appropriate community department only. The agreement provides that the individual community will be responsible for any damages to school facilities which are directly resultant from community programs. It provides that in- creased routine maintenance, such as cleaning of floors and furniture, etc., shall be borne by the District. The Village Attorney has reviewed the agreement. Approval of the agreement is recommended. b. Councilwoman Olson moved to accept the School Facility Use Joint Agreement. Seconded by Councilman Wiegert. Ayes - all. 6. Village Dump - Coverage a. Manager Miller presented Council a copy of the agreement between the Village and Blake, Inc.. The agreement is rather vague and makes no men- tion of final coverage of the dumping area. The condition that the dump - 8 - 5/18 be put "in acceptable condition which will include hauling in fill and grading, at the cost to the Village of Maplewood of $500.00" referred to the taking over of the dump by Blake from another contractor at the time of the agreement (1968). Much of the cost involved in the covering which we are now being billed for was the result of dumping after the dump was officially closed. It is again recommended that the payment of the bill to Blake, in the amount of $4,431.00, be authorized in the form of :a resolution. b. Councilman Greavu introduced the following resolution and moved its adoption: 72 - 5 - 109 WHEREAS, in closing the Village dump it was necessary to cover it with fill material; and WHEREAS, the Village has a contract for equipment supplies with Blake, Inc., and WHEREAS, Blake, Inc. was ordered to cover said dump under its con- tract, and the price as completed is $4,431.00, including materials. BE IT RESOLVED, that said order is hereby ratified and the proper Village Officials directed to pay said Blake, Inc. $4,431.00 as payment for equipment rental and fill material. Seconded by Councilman Wiegert. Ayes - all. 7. Zone Change - Hearing Date a. Manager Miller stated a condition of the zone change north of the Forest Green apartment complex and south of Holloway was that street right -of -way be dedicated. The owner of the land has now refused to dedicate the required street right -of -way. Prior to the rezoning of the area from R -3 to FR a public hearing is required. A date of July 6 is recommended for the public hearing on the zone change. b. Councilwoman Olson moved to set July 6, 1972 as the date for the public hearing for the zone change from R -3 to FR. Seconded by Councilman Wiegert. Ayes - all. 8. Street Improvement - Ripley Avenue, Hazel to Ruth (Final Plans) a. Manager Miller presented the final plans for the street improvement plans for the street improvement of Ripley Avenue. It is recommended the plans be accepted and a bid date set. b. Councilwoman Olson introduced the following resolution and moved its adoption: (Accepting final plans'- call for bids) 72 - 5 - 110 - 9 - 5/18 WHEREAS, pursuant to resolutilon passed by the Village Council, plans and specifications have been prepared for Project No. 71 -20, Ripley Avenue, Hazel and Ruth Streets by the Village Engineer, and he has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the Village Clerk. 2. The Village Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least three weeks before date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 10:00 A.M., on the 20th day of June, 1972 at the Village Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the Village of Maplewood, Minnesota, for 5% of the amount of such bid. 3. The Village Clerk and Village Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at the regular Village Council meeting of June 22, 1972. 4. The advertisement for bids shall be in substantially the following form: ADVERTISEMENT FOR BIDS The Village Council of Maplewood, Minnesota, will receive sealed bids for the construction of approximately 1700 feet of streets and storm sewers within the Village limits on the basis of cash payment for the work. Bids will be received until 10:00 A.M., C.D.S.T., on the 20th day of June, 1972 at the Municipal Building, 1380 Frost Avenue, Maplewood, Minnesota, at which time and place all bids will be publicly opened, read aloud and considered. Proposals must be placed in a sealed envelope with the statement thereon indicating proposal for bid contained within and addressed to the Village of Maplewood, Minnesota. Proposals shall be submitted to the Village Clerk on or before the above stated time. Proposal is for the furnishing of all labor, equipment and materials and performing all work in connection with the above stated construction. Proposal forms, including specifications, are on file in the office of Howard A. Kuusisto, Consulting Engineers, 1821 University Avenue, N -196 Griggs Midway Building, St. Paul, Minnesota 55104. Copies of the documents may be obtained by depositing $10.00 with the - 10 - 5/18 above named consulting engineer. Copies of the plans will be available for viewing in the office of the Village Engineer. The amount of deposit for one set of documents will be refunded to each actual bidder who returns the plans and documents in good condition within ten days after the opening of bids. All bids must be accompanied by a certified check or bid bond, payable to the Village of Maplewood, Minnesota, in an amount equal to five percent (5%) of the total bid, conditioned that if the bidder is the successful bid- der, he will enter into a contract in accordance with said bid and will fur- nish such performance bonds as are specified. No bidder may withdraw his bid for at least thirty days after the scheduled closing time for the receipt of bids, without the consent of the owner. The owner reserves the right to reject any or all bids and to waive any informalities in bidding. Mrs. Lucille Aurelius Village Clerk Village of Maplewood, Minnesota Seconded by Councilman Greavu. Ayes - all. 9. Street Improvements - Conway and McKnight. a. Final Plans 1. Manager Miller stated final plans are prepared for this project and should be accepted and a bid date set. In addition, it will be necessary to install temporary signals at Conway and McKnight prior to the beginning of the construction authorized for the area. In- formal proposals are being obtained from competent contractors in the area for the installation. The results of these bids have been tabulated. 2. Councilman Haugan introduced the following resolution and moved its adoption: (accepting final plans) 72 -5 -111 WHEREAS, pursuant to resolution passed by the Village Council of Maplewood, Minnesota, plans and specifications for Conway Avenue and McKnight Road Improvements, Project No. 72 -5, have been prepared under the direction of the Village Engineer, and he has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the Village Engineer. 2. The County of Ramsey is herewith authorized to act as Agent for the Village of Maplewood in securing bids for the project. - 11 - 5/18 Seconded by Councilman Greavu. Ayes - all. 3. Councilman Wiegert introduced the following resolution and moved its adoption: (authorizing the attorney to acquire easements) 72 -5 -112 BE IT RESOLVED, that the Council of the Village of Maplewood does hereby determine that the heretofore proposed improvement and upgrading of the intersection of McKnight Road and Conway Avenue is for a public purpose and necessary for the promotion of the health, safety and welfare of the citizens of the Village of Maplewood; that the Village Staff and Attorney are hereby authorized to acquire such temporary and permanent easements as are reasonable and necessary by purchase, donation or proceedings in eminent domain; and that any donations heretofore tendered in connection therewith are accepted and ratified. Seconded by Councilman Greavu. Ayes - all. b. Temporary Semaphores 1. Ray Hite, from the Engineering Department explained the specifics of the temporary semaphors. 2. Councilman Greavu introduced the following resolution and moved its adoption: 72 - 5 - 113 BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the proposal of Collins Electrical Construction Company in an amount not to exceed $2,125.00 is the lowest responsible bid for the construction of temporary traffic signals at the intersection of McKnight Road and Conway Avenue, 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 Haugan. Ayes - all. 10. Street Improvement - Burke Street (report) a. Manager Miller stated the Council had asked the staff to review the types of work that could be done on Burke Street other than that proposed in 1970. The staff has reveiwed the original feasibility study and does not feel that the work can be satisfactorily completed..at a lessor cost. Some intermediate type of surfacing could be applied, such as a road mix or seal coat; however, this would be strictly a temporary measure, be- cause a large portion of the problem in the area is water which not only enters driveways and yards but also accumulates under any temporary sur- facing and quickly causes failure of that temporary pavement. This, of course, results in costly maintenance along with an inferior driving surface. In good faith, we can only recommend the project as proposed - 12 - 5/18 in the original feasibility report. It should be pointed out that ten per cent should be added to the cost shown in that report due to the lapse of time. b. Following further discussion Councilman Wiegert moved to accept the report and at this time table the matter. Seconded by Councilman Haugan. Ayes - all. 11. Sidewalk Improvement - Upper Afton Road (Feasibility Report) a. Manager Miller stated that at Councils request a feasibility study has been prepared `relative to the installation of sidewalks on Upper Afton Road from O'Day Street to Century Avenue. The feasibility report deals with the entire length of Upper Afton Road from McKnight to Century Avenue. The area from O'Day Street west to McKnight was considered not feasible when taken alone for construction at this time due to the lack of a grading bench upon which to place the sidewalk. Large amounts of ex- cavation and fill would be necessary. Traffic studies have not been com- pleted for Upper Afton Road to the extent of being able to plan future grades for the roadway. Additional right -of -way will be required prior to the installation of sidewalks. If the right -of -way were purchased now it would have to be done without state aid monies which will be avail- able after grade and cross sections are established. Therefore, if the project were undertaken at this time Village monies would have to be ex- pended. In addition, the Village does not have assessment procedures relative to sidewalks at this time. Questions relative to these assess- . ments are now being studied by the staff, and a variety of methods of assessing are available. For these reasons it has been established that this project is premature and is therefore not feasible at this time. b. Council requested a copy of the report be sent to the Carver P.T.A. c. Councilman Greavu moved to accept the report and table the matter. Seconded by Councilwoman Olson. Ayes - all. 12. Ditch Improvement - Battle Creek, North Branch (Engineering Agreement) a. Manager Miller presented a proposed engineering agreement with Barr Engineering Company for the preparation of final plans and specifications for the improvement to the North Branch of Battle Creek. The costs in- volved are reasonable, if not low. Adoption of the agreement is re- commended with the stipulation that the upset figure include that work already done on the preliminary report. b. Councilman Wiegert moved adoption of the agreement with Barr Engin- eering Company for the preparation of final plans and specifications for the improvement to the North Branch of Battle Creek with the stipulation report. Seconded by Councilman Greavu. Ayes - all. - 13 - 5/18 Ia NEW BUSINESS 1. Petition - Sandy Lake a. Manager Miller stated Staff has received a petition from a number of citizens stating that they "would like very much to have the pollution by the St. Paul Water Department brought to a halt ". The petition refers to Sandy Lake having a slimy substance which is unsightly and having a foul odor. It also mentions that when it is dry and windy a white dust from the pond spreads over the neighborhood. The petition also states that if the pollution can't be stopped the water level should be raised a foot or so to keep the slime covered. Representatives of the petitioners and a representative of the St. Paul Water Department are present. b. Mr. James Palma, 130 E. Skillman Avenue spoke on behalf of the petit- ioners. c. Mr. Bill Meuwisson, Superintendent of Water Supply for St. Paul, read the following letter: "Gentlemen: We have received a copy of the petition that was sent to Mr. Collier dated May 3, 1972. In this petition the objections to the Sludge Field seem to relate to its unsightliness, odor and dust. In the past year we have erected a 7 foot chain link fence along Roselawn Avenue on the easterly end of Skillman Avenue and on the easterly property line. We intend to continue fencing until the Sludge Field is completely closed in by this type fence. A fencing priority has been given this year to take in the area behind the homeowners who are most concerned. Vines will be allowed to grow on the fence which will eliminate the unsightliness that now exists. We have done an extensive amount of reforestation this year, planting 2000 Norway and Spruce seedlings and 100 Maples approximately 6 feet high. Our long -term goal is to surround the field by forest. Dust may be coming from our roads and dyking operations; precautions can be taken to keep this to a minimum. Dust from the drying bed is most un- likely as the sludge retains a minimum of 50% moisture. The discharge into the Sludge Field has been reduced some 80% since our new Lime Recalcining Plant has been in operation; however, the bed is still necessary for the plant':s operation. We have engaged a consultant who specializes in odor control to look into this situation to determine what may Be feasible in regard to controlling any odors that may exist. This is Mr. G. A. Black with Crest Aire and Associates, Minneapolis. We wish to be good neighbors and will continue to do what we may to re- solve the problems." - 14 - 5/18 d. Council directed the St. Paul Water Department to submit a report as to the progress being made to solving the problems. 2. Right -o£ -Way Use Request - Skillman Avenue (East of English) a. Manager Miller stated Staff has received a request from Richard J. Andersen that he be given permission to have private access via the ded- icated, but unimproved, Skillman Avenue to his property. He proposes "to install, without bond or regulations, to Village standards, a road to the property for its use, and would not want to go into maximum costs of a wide blacktop drive with only minimum use of the land ". Staff has no ob- jection to Mr. Andersen's proposal subject to comments from the Village Attorney. Staff does believe that the crossing of the railroad tracks by Skillman Avenue will be a desirable objective in the future. The first step in the process of crossing the tracks will be a petition to the Public Service Commission to allow an at -grade crossing. Staff re- commends that such a petition be submitted at this time. b. Mr. Richard Andersen, the petitioner, spoke on behalf of his request. c. Councilman Grea_vu moved to approve right of way access request of Mr. Andersen subject to conditions. Seconded by Mayor Axdahl. Ayes - Councilman Greavu. Nay - Mayor Axdahl, Councilwoman Olson, Council- men Haugan and Wiegert. Motion failed. d. Councilman Wiegert introduced the following resolution and moved its adoption: 72 -5 -114 WHEREAS, the Village Council of Maplewood, Minnesota deems it advisable, expedient and necessary to construct Skillman Avenue from Clarence Street to English Street, and WHEREAS, the said street construction will entail the crossing of the Burlington Northern Railroad tracks; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA that the Public Service Commission of the State of Minnesota be and hereby is requested to investigate the conditions at the proposed crossing of the Burlington Northern Railroad tracks on the Skillman Ave- nue alignment and to order such protection and improvements as may be deemed necessary. Seconded by Councilman Haugan. Ayes - all. 3. Building Plan Review - 15 - 5/18 a. - Restaurant - SE Corner of White Bear Avenue and County Road D 1. Manager Miller presented a request from Mr. Dan Dolan for building plan approval to erect a restaurant at the southeast corner of White Bear Avenue and County Road D. Due to the location of this proposal the Staff is concerned about the cropping up of a row of such uses in the area. Due to the nature of such franchise businessess we are con- cerned about building architecture, excessive curb cuts and spacing of curb cuts and maximum coverage of the area with little or no land- scaping. The property is zoned B -C and permits the proposed use within the Code for this site. 2. Mr. Dan Dolan stated he would be the operator of the restaurant known as Hardees' Restaurant and spoke on behalf of his request. 3. Councilman Wiegert moved to table this matter for further infor- mation. Seconded by Councilman Haugan. Ayes - all. Councilwoman Olson moved to suspend the Rules of Procedures to discuss the subject of Press Reports. Seconded by Councilman Haugan. Motion failed. 4 /5ths vote is required. Ayes - Councilwoman Olson, Councilmen Greavu and Haugan. Nay - Mayor Axdahl, Councilman Wiegert. Councilwoman Olson had to leave the meeting and requested this matter be discussed at the June 1 meeting. Councilwoman Olson excused herself at 11:08 P.M. 3. Building Plan Review (continued) b. Automobile Dealership - Southeast Corner of Highway 61 and Connor St. 1. Manager Miller presented a request for a commercial use in a light industrial zone; therefore, a special exception is required by the Council upon the finding that such a use will not hinder the in- dustrial development of the area. It is recommended that the ex- ception not be granted until the State Highway Department approves the proposed access. It is believed that if the State 'develops the- road:: system­as *.shown on the acquired right -o£ -way, then traffic safety could easily present a problem. If the special exception is not granted, then the building plan need not be reveiwed. 2. The Applicant, Mr. Fred Walstrom, spoke on behalf of his request. 3. Village Planner Seida presented the Staff report. - 16 - 5/18 4. Councilman Wiegert moved to table the matter until expiration of the moratorium, September 1, 1972. Seconded by Councilman Greavu. Ayes - all. c. Medical Clinic Expansion - Century Avenue ( Johnson Clinic ) 1. Manager Miller presented a request for expansion of the Johnson Medical Clinic, Century Avenue and Upper Afton Road. The proposal will require variances from the parking regulations in that 103 spaces are proposed as compared with the required 112 spaces. In addition, the spaces are proposed to be nine feet by twenty feet as compared to a requirement of ten feet by twenty feet. 2. Village Planner Seida recommended that no action be taken, at least until all the Staff departments have had an opportunity to re- view the plans and state their recommendations. He further explained some of the problems involved, concerning Century Avenue and Upper Afton Road, as well as parking regulations. The proposed use does fit into the General Land Use Plan. 3. Mr. Richard Aronson, attorney representing the Johnson Clinic, spoke on behalf of the proposal. 4. Councilman Greavu moved to table the matter until June 1, 1972 so the Staff may have an opportunity to review the plans. Seconded by Councilman Wiegert. Ayes - all. 4. Final Subdivision Plat Review - Belisle First Addition. a. Manager Miller stated this final plat is filed as a result of the Village Council's recent approval of a preliminary subdivision require- ment for land located north of County Road B between Craig Place and Ger- man Street. The applicant has complied with the Village Council's re- quirements and is submitting a final plat for Village Council approval. Approval of the plat is recommended. b. Councilman Greavu moved approval of the Belisle First Addition final plat. Seconded by Councilman Haugan. Ayes - all. 5. Lot Division a. Bob Londin, Block 36, Dawsons Suburban Acres 1. Manager Miller stated the applicant proposes to divide existing platted four lots into nine lots. It is recommended by the Staff that this constitutes a duly defined subdivision plat by description and should be platted in accordance with the Platting Code of the Village of Maplewood rather than the granting of metes and bounds lot des- criptions as is proposed. The area in question involves an area which is designated on the proposed land use plan for the community as being - 17 - 5/18 desired for park and recreation space needs. 2. Councilman Haugan moved preliminary approval for the applicant to aroceed to plat and subdivide the four existing lots. Seconded by Councilman Wiegert. Ayes - all. b. Richard Lofgren - Lot 19, Block 6, Brower Park 1. Manager Miller states the applicant has proposed to divide his existing lot into two lots but has not shown the proposed property line to be created but merely given a description of frontage and depth. Due to the unusual shape of this property, it is the Staff's recommendation that the applicant should be required to show the pro- posed new lot lines. Although the Staff sees no major objections to the division of the lot into two lots it reserves any recommendation until a definite answer is found to the exact location of the new lot line and the matter of the existing drainage course that crosses the easterly portion of the property is resolved through some proper legal designation in order that any future purchaser of the property would be able to investigate the title of the property and ascertain that there is a drainage course that the Village has accommodated along the easterly portion of the entire property today. Unfortunately the Village has at this time not secured legal easement for the facility but is in the process of going through condemnation for it. 2. Councilman Wiegert moved to deny the lot division request of Mr. Richard Lofgren based on the reason that insufficient frontage re- sults in the possibility that the remainder westerly lot does not ap to have buildable frontage according to the available information. Seconded by Councilman Greavu. Ayes - all. c. John Welch - East side of Sterling Avenue at Tierney Street. 1. Manager Miller stated the applicant proposes to create a 12,000 square foot lot out of an existing 2.05 acre tract of land. The dimensions of the proposed lot would have 80 feet of frontage and 150 feet of depth. It is the recommendation of the Staff that the lot division be approved with the full understanding of all parties that: a. If Highway 212 is developed and extended through the commun- ity this lot and the resulting lot will more than likely be sub- ject to an undesirable noise condition whether the extension of 212 is at grade or depressed. b. That the seller of the property today who will retain owner- ship to the remaining 1.8 acres of land will be imposing devel- opment difficulties to his remaining parcel as a result of an irregularly shaped parcel of land an the easterly portion which will become difficult to develop in the future. These recognitions are advanced simply to inform all parties that they are acting on their own course of action and assuming all risks - 18 - 5/18 both existing and future for the development potentials of the area and that they are informed knowing full well of the potential repercussions which may result. 2. Councilman Greavu moved to approve the lot division request of Mr. John Welch. Seconded by Councilman Wiegert. Ayes - all. 6. Water Improvement - Linwood Avenue (Petition) a. Manager Miller stated staff has received a petition signed by thirty percent of the property owners for the extension of the watermain in Lin- wood Avenue for a distance of approximately 1600 feet. Persons in the area are having difficulties with wells and in one instance the water level has receded to the point where the well is practically useless. The pro- ject which has been ordered for Londin Lane and Mailand Road will only be able to be done for a small distance this year instead of the full project, because the Wiensch project will require water for a distance of approximately 1200 feet in Mailand Road but the proposed subdivision at the east end of the project has failed to materialize. There is also a possibility that street and grade alignments could change in this area. Therefore, it is not feasible to extend it past the Wiensch property at this time. It will be advantageous to bid the two projects together to attract more competitive bidding. It is recommended that a feasibility report be requested. This would be a Council initiated project. b. Councilman reso moved 72 -5 -115 tors be ordered WHEREAS, the Village Council has determined that it is necessary and expedient that a water main be installed in Linwood Avenue from the end of the existing main approximately 800 feet east of McIZnight Road to the quarter section point approximately 1800 feet easterly, Project No. 72 -8; 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 Wiegert. Ayes - all. 7. Street Alingment - Carlton a. Manager Miller stated the Staff and the Planning Commission have re- cognized the need for an interior collector roadway along the Carlton - Sterling alignment of the Village. There is presently a cemetery in the - 19 - 5/18 vicinity of this alignment to the north of Minnehaha Avenue. This cemetery is rapidly expanding and will soon occupy that area needed for roadway continuation. We request authority to prepare a route location study and to prepare a preliminary acquisition plans for the area. The majority of the corridor has been designated as a state aid route; however, that area directly north of Minnehaha has yet to receive'.the designation. Once the necessary engineering has been accomplished, we will then be able to designate this section. We believe that such a move at this time will avoid future problems relative to road align- ment and cemeteries. b. Village Engineer Collier explained the proposed alignment. c. Councilman Haugan moved to refer the Carlton alignment to the Staff for futther reasons and justifications. Seconded by Councilman Greavu. Ayes - all. 8. Tax Property - Release a. Manager Miller stated Staff has received a request from Mrs. James Baldwin to release tax forfeited lots in Magoffins North Side Addition for sale. Such a release is recommended at this time conditioned upon the payment of all outstanding special assessments. b. Councilman Haugan moved approval to release the to property to James Baldwin subject to all outstanding being paid. Seconded by Councilman Greavu. Ayes - all. - 20 - 5/18 J. COUNCIL PRESENTATIONS 1. Councilman Wiegert questioned if anyone had any names for League of Municipalities for various committees. Council to ask Roger Fontaine if he would be interested in the Snowmobile Committee; Councilman Haugan for Health Committee; Open Space - Bailey Seida. K. ADMINISTRATIVE PRESENTATIONS 1. Manager Miller stated he had two comments regarding the fence at 748 E. Roselawn Avenue. Our Ordinance provides for a b foot fence, it also outlaws what are called "spite" fences, which is one that blocks off the view. In the opinion of the Building Official;: a "spite " fence is if it blocks off the view of traffic as well as the neighbor §, The Building Official has inspected it and does not feel this is so, 2. Manager Miller reminded Council of area meetings coming up. Tuesday night is McKnight Road at Beaver Lake Elementary Grade School at 7:30 and Wednesday night is area meeting at Edgerton; Thursday night Planning Commission meets. 3. The Building Official has inspected.Hobbs,.house and has found it structurally sound. 4. Manager Miller presented a request from the North Maplewood Garden Club to plant the Village Hall planter. Councilman Wiegert moved to grant the garden club permission to plant the planter. Seconded. by Councilman Haugan Ayes - all. 5. Councilman Wiegert moved to accept the resignation of John Boland from the Parks and Recreation Commission. Seconded by Councilman Haugan. Ayes - all. L. ADJOURNMENT 12:20 A.M. Ci Clerk -21- 5/18 ILLA'GE OF MAPLEWOOD ACCOUNTS PAYABLE DATE 05 -18 -72 CHECK # A M 0 U N T C L A I M A N T P U R P O S E _.1,0 31.90 AFU SERVICE REPAIR &MAINT., VEHICLE +1 31.50 AMERICAN AUTO TRIM REPAIR &MAINT., VEHICLE 692 37.93 CHARLES E ANDERSON UNIFORMS & CLOTHING 693 11.00 DONALD ASHWORTH TRAVEL & TRAINING 694 19.80 BATTERY WAREHOUSE REPAIR &MAINT., VEHICLE 695 248.92 BATZLI ELECTRIC CO REPAY: &PAINT., UTILITY 696 11.32 V H SLACKINGTON & CO UNIFORMS & CLOTHING 697 41.72 BOARD OF WATER COMM ESCROW FUND 698 13.35 BOBS OK HARDWARE REP. &MAINT., BUILDINGI:GRND AND- MAINTENANCE MATERtALS 699 508.00 DONALD CAMPBELL CONSTRUCTION FUND 700 27.00 COAST TO COAST STORES SUPPLIES, JANITORIAL 701 221.00 CRI SAFULLI PUMP DI STRIB EQUIPMENT, ENT, OTHER I 2 30.00 DEGE GARDEN CENTER y 'LAND? IMPROVEMENT j (f J3 540.25 R J DELAHUNT & CO LID FEES FCR SERVICE r. 704 33.96 FARWELL OZMUN KIRK & CO SMALL TOOLS 705 31.08 GEM SUPPLIES, EQUIPMENT 6 AND - SUPPLIES, PROGRAM 66 i 706 31.74 GLADSTONE LUMBER MART EQUIPMENT, OTHER AND- MAINTENANCE MATERIALS 707 69.33 GOODYEAR SERVICE STORES SUPPLIES, EQUIPMENT 708 12.60 GROSS INDUSTRIAL SUPPLIES, JANITORIAL 709 568.87 GULF OIL CORP FUEL .& OIL f; 710 125.19 THOMAS L HAGEN UNIFORMS & CLOTHING F 711 61.11 HARMON GLASS REPAIR&MAINT., VEHICLE 712 1,075.37 HOLIDAY FUEL & OIL 3 169851.71. HOWARD NEEDLES TAM +MIN C CONSTRUCTION FUND )ILLA'GE OF MAPLEWOO D ACCOUNTS PAYABLE DATE 05 -18 -72 :,HECK # A M 0 U N T C L A I M A N T P U R P O S E 12,211.21 HOWARD NEEDLES TAMMIN C CONSTRUCTION FUND j714 X115 .72.17 INFINITE GRAPHIC SUPPLIES, EQUIPMENT .716 159.00 INTL BUSINESS MACHINES RENTAL, EQUIPMENT 717 96.90 INTL BUS MACHINES CORP. REPAIR &MAINT., EQUIPMENT 718 91.00 INTL UNION OF OPR ENG #49 UNION DUES'W /H 719 20.73 FRANK R KIRSEBOM TRAVEL & TRAINING 720 18513.75 LAIS & BANNINGAN FEES FOR SERVICE AND - CONSTRUCTION FUND 597.50 120.50 36.00 82. 00 71501. 98 5,907.15 350.00 177.66 LAIS & BANNINGAN FEES FOR SERVICE AND- CONSTRUCTICN FUND LAIS & BANNINGAN CONSTRUCTICN FUND LAKE SANITATION FEES FOR SERVICE LEAGUE OF MINN MUNICIPAL SUBSCRIPTIONS & MEMBERSHIP LEES FLOOR & JANITOR SERV FEES FOR SERVICE R A LUXENBURG CONSTRUCTION CONSTRUCTION FUND R A LUXENBURG CONSTRUCTION CONSTRUCTION FUND MACQUEEN EQUIPMENT INC SUPPLIES, VEHICLE MAPLEWOOD,PLBG & HTG INC REPAIR &MAINT., UTILITY AND- REP. &MAINT., BUILDING &GRN:.0 733.70 MAPLEWOOD REVIEW 260.00 MCHUTCHISON, NORQUIST & PUBLISHING AND - CONSTRUCTICN FUND FEES FOR SERVICE 169.00 ROBERT T MERRY LAND, IMPROVEMENT 60.06 MIDWAY FORD CO REPAIR &MAINF., VEHICLE AND- SUPPLIES, VEHICLE 14.41 3 M COMPANY M133864 SIGNS & SIGNALS 311.75 3 M COMPANY M133864 CONSTRUCTION FUND _.10.00 MINNESOTA CHAPTER MFOA SUBSCRIPTICNS C MEMBERSHIP 54.60 MOGREN BROTHERS LANDSCAPNG CONSTRUCTION FUND ILLhGE OF MAPLEWOOD ACCOUNTS PAYABLE DATE 05 -18 -72 HECK # A M O U N T C L A I M A N T P U R P O S E 133.20 MOTOTOLA C & E INC REPAIRCMAINT., RADIO 30.06 VILLAGE OF NORTH ST PAUL FEES FOR SERVICE 7.00 NORTHERN STATES POWER CO UTILITIES 634.07 NORTHERN STATES POWER CO UTILITIES 390.62 NORTHERN STATES POWER CO UTILITIES 239.73 NORTHERN STATES POWER CO UTILITIES 214.43 'NORTHERN STATES POWER CO UTILITIES 13.80 NORTHERN STATES POWER CO UTILITIES 1,689.72 NORTHERN STATES POWER CO UTILITIES 950.00 NORTHERN STATES POWER CO CONSTRUCTION FUND 678.43 NORTHERN STATES POWER CO UTILITIES 8.25 NORTHWESTERN BELL TE CO TELEPHONE 149.40 NORTHWESTERN BELL TE CO TELEPHONE 1 00 NORTHWESTERN TIRE CO INC SUPPLIES, VEHICLE 200.00 FRANK L NOYES CO CONSTRUCTION FUND 2.10 OXYGEN SERVICE CO INC FUEL C OIL 4.50 REED TIRE SALES INC REPAIRCMAINT., EQUIPMENT 3.18 S C T OFFICE PROD SUPPLIES, OFFICE 24.00 JEANNE SCHADT ELECTION EXPENSE 19.90 SCIENTIFIC INTERNATIONAL CHEMICALS 1211,450.01 SHAFER CONTRACTING CO INC CONSTRUCTION FUND 113.70 SHAW LUMBER CO EQUIPMENT, OTHER 5.05 SPERRY OFFICE FURNITURE CO SUPPLIES, OFFICE 43.50 CITY OF ST PAUL REPAIRSMAINT., EQUIPMENT AND -FEES FOR SERVICE 38.60 ST PAUL OVERALL LAUNDRY SUPPLIES, JANITORIAL AND - UNIFORMS E CLOTHING ,VILLAGE OF MAPLEWOO 0 ACCOUNTS PAYABLE DATE 05 -18 -72 CHECK 9 A M 0 U N T C L A I M A N T P U R P O S E 763 90.00 ST PAUL PISTOL CLUB INC SUPPLIES, EQUIPMENT 764 30.05 STA -VIS OIL CO FUEL ,& OIL 765 204.03 TABULATING SERV BUREAU FEES FOR SERVICE 766 1,315995 TABULATING SERV BUREAU FEES FOR SERVICE AND- RENTAL, EQUIPMENT 767 4.47 TEAM ELECTRONICS SUPPLIES, ECUIPMENT 768 268.62 R J THOMAS MFG CO EQUIPMENT, OTHER 769 119.84 HERB TOUSLEY,FORD INC REPAIR &MAINT., VEHICLE 770 6.00 TRUCK UTILITIES E NFG CO MAINTENANCE MATERIALS 771 77.65 TWENTIETH CENTURY PRINTING SUPPLIES, OFFICE 772 3.50 TWIN CITY TESTING E CONSTRUCTION FUND 773 267.85 UNIFORMS UNLIMITED UNIFORMS C CLOTHING 774 198.64 VALS BODY SHOP REPAIR &MAINT., VEHICLE AND -FEES FOR SERVICE s.. '75 5.87 WARNERS REP. &PLAINT., BUILDING&GRNr_ 776 12.00 WASHINGTON CNTY TREASURER SUPPLIES, VEHICLE 777 150.00 WEBER ELECTRIC INC BUILDING, IMPROVEMENT 778 171.75 WHITE BEAR DODGE INC REPAIR &MAINT., VEHICLE 779 12.96 ZAYRE SHOPPERS CITY SUPPLIES, PROGRAM 780 24.00 ZIEGLER INC i FEES FOR CONSULTING 781 2.26 ERIC BLANK TRAVEL E TRAINING 782 33.30 JEAN OKEEFE SALARIES & WAGES,TEMPCRARY 783 19.80 JOSEPHINE SEPION CONSTRUCTION FUND )00690 THRU 000783 GRAND TOTAL 94 CHECKS TOTALING 1821137.51 109 CHECKS TOTALING 201,865.76 'ILLAGE OF MAPLEWOOD ACCOUNTS PAYABLE ,HECK # A M 0 U N T C L A I M A N T DATE 05 -18 -72 P U R P O S E 29.25 ERIC IBLANK TRAVEL S TRAINING 789.35 MINN ST TREAS SURTAX MINNESOTA STATE SUR -TAX 77.95 A C SCHADT TRAVEL & TRAINING 525.00 MAPLEWOOD LEAGUE OF FEES FOR SERVICE AND- SUPPLIES, PROGRAM 78.60 MUNICIPAL COURT OF MAPLEWD JURY COST 31516.02 MUNICIPAL COURT OF MAPLEWD SALARIES C WAGES, REGULAR AND- CONTRIBUTICNS, RETIREMENT 38.05 INSTY PRINTS SUPPLIES, PROGRAM 54.00 INSTY PRINTS SUPPLIES, PROGRAM 2,055.20 STATE OF MINNESOTA CONTRIBUTIONS, RETIREMENT AND- P.E.R.A. W/H 1 2008.51 5 STATE OF MINNESOTA CONTRIBUTICNS, RETIREMENT AND -P. E. R. A. W/H 4,581.62 FIRST STATE BANK OF STP FEDERAL TAX W/H 1,865.81 MINN COMM OF TAXATION STATE TAX W/H 19091.50 CITY C CTY CREDIT UNION CREDIT UNION W/H 1,672.39 R A LUXENBURG CONSTRUCTION CONSTRUCTION FUND 445.00 POSTMASTER SUPPLIES, PROGRAM NECESSARY DIRECT EXPENDITURES SINCE LAST COUNCIL MEETING SUS -TOTAL 15 CHECKS TOTALING 19,728.25 �F.r 11, PAYROLL MAY 18,_ 1972 ¢ T ITEM IvO. CHECK N0. CLAIMANT ANpUNT 1 1. 4294 A Vivian R. Lewis 207.49 2. 4295 A Michael G. Miller 529.42 3. 4296 Donald W. Ashworth 364.88 4. 4297 Lucille E. Aurelius 273.35 5. 4298 Phyllis C. Green 197.36 6. 4299 Arline J. Hagen 166.12 7. 4300 Betty D. Selvog 197.36 8. 4301 Lydia A. Smail 151.52 9. 4302 Rita C. Smith 154.26 10. 4303 Charles E. Anderson 309.88 11. 4304 David L. Arnold 320.34 12. 4305 John H. Atchison 308.74 13. 4306 Anthony G. Cahanes 379.47 14. 4307 Dale K. Clauson 286.T7 15. 4308 Kenneth V. Collins 342.88 16. 4309 Dennis S. Cusick 347.88 17. 4310 Dennis J. Delmont 308.75 18. 4311 Robin A. Derocker 308.18 19. 4312 Richard C. Dreger 316.25 20. 4313 Raymond E. Fernow 278.4-3 21. 4314 Patricia Y. Ferrazzo 249.16 22. 4315 David M. Graf 307.55 23. 4316 N6rman L. Green 322.8 24. 4317 Thomas L. Hagen 406.%9 25. 4318 Kevin R. Halweg 229.13 26. 4319 Michael J. Herbert 264.81 27. 4320 James T. Horton 293.37 28. 4321 Donald V. Kortus 231.09 29. 4322 Richard J. Lang 279.80 30. 4323 Roger W. Lee 301.97 31. 4324 John J. McNulty .319.05 32 4325 Richard M. Moeschter 294.67 33. 4326 Robert D. Nelson 333.85 34. 4327 William F. Peltier 240.80 .35. 4328 James A. Nichols 264.81 M. 4329 Dale E. Razskazoff 247.21 37. 4330 Richard W. Schaller 446.41 38. 4331 Robert E. Vorwerk 262.17 39. 4332 Duane J. Williams 292.25 40. 4333 Joel A. White 99.94 41. 4334 Joseph A. Zappa 384.60 42. 4335 Donald W. Skalman 280.34 43. 4336 Gregory L. Stafne 266.44 44. 4337 Pamela J. Schneider 154.70 45. 4338 Marcella M. Mottaz 177.43 46. 4339 Alfred C. Schadt 360.74 47. 4340 Frank J. Sailer 137.38 48.• 4341 Bobby D. Collier 513.18 49. 4342 James G. Elias 217.51 c.. 50. 4343 Raymond J. Hite, Jr 442.22 . .'' 'fl ITEM NO. CHECK NO. CLAIMANT AMOUNT 51. 4344 Dennis L. Peck 212.49 52. 4345 Janet A. Rois 173.74 53. 4346 Bernard A. Kaeder 302.42 54. 4347 Raymond J. Kaeder 273.83 55. 4348 Henry F. Klausing 246.71 56. 4349 Gerald W. Meyer 208.68 57. 4350 Joseph W. Parnell 235.71 58. 4351 Arnold H. Pfarr 278.33 59. 4352 Joseph B. Prettner 363.67 60. 4353 Edward A. Reinert 264.52 61. 4354 Myles R. Burke 251.03 62. 4355 Herbert R. Pirrung 346.(5 63. 4356 Stanley E. Wecks 260.:'.7 64. 4357 David Germain 225.21 65. 4358 Kevin B. McNu`_ty 100. ?.2 66. 4359 Lawrence B. Mike 183.1.6 67. 4360 Frank R. Kirsobom 324.34 68. 4361 Anthony T. Ba:,illa 547.83 69. 4362 Richard J. Ba: °tholomew 340.29 70. 4363 Laverne S. NuL•eson 302.31 71. 4364 Gerald C. Owen 292.40 72. 4365 JoAnn C. Chri3tensen 178.32 73. 4366 John P Joyce 334.01 74. 4367 Eric J. Blank 282.72 75. 4368 Bailey A. Seida 408.18 76. 4369 Judy M. Chlebeck 181.99 Check No. 4294A through Check No. 4369 TOTAL 219491.12 5 -18 -72 MINUTES OF MAPLEWOOD BOARD OF ADJUSTMENTS AND APPEALS 7:30 P.M., Thursday, May 18, 1972 Council Chambers, Municipal Building Meeting No. 72-2 A. CALL TO ORDER A --,-meeting of the Board of Adjustments and Appeals of Maplewood, Minnesota was held in the Council Chambers, Municipal Building and was called to order at 7:40 P.M. by Chairman Haugan. B. Roll Call C. Harald L. Haugan, Chairman Present Lester G. Axdahl Present John C. Greavu Present Patricia L. Olson Present Donald J. Wiegert Present PUBLIC HEARING 1. Set Back Variance (Northwest Corner of Sophia and Edwood, 7:30 P.M.) a. Chairman Haugan convened the meeting for a public hearing on the request of Mr. Willard Franke for a set back variance to construct a home within 10.6 feet of Sophia St. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller stated Mr. Willard Franke has requested authority to construct a building within 10.6 feet of Sophia as compared with the 30 foot setback required by the Zoning Code. Due to the fact that the variance request involves the Zoning Code, the matter is one to be decided by the Board of Appeals and Adjustment. The 10t in question is higher than Sophia Avenue and no buildings in the area are located.as.cloeato the street as proposed by the applicant. Site clearance at the intersection is obstructed by hedges, lot elevations and hilly streets. Denial of the request is recommended because (1) land area is available in the lot for the construction of a home in accordance with minimum standards without the requested variance, (2.) deviations from the setback requirements from intersections has not occurred elsewhere in the area and such a variance would be a special priviledge for the applicant, (3) the variance would in- hibit site clearance and reduce traffic safety at the intersection and (4) the variance would result in a conflict with the driveway curb cut provisions of the Village Code. c. Chairman Lyman Coombs stated the Planning Commission concurred with the staff recommendation for denial. d. Chairman Haugan called for proponents. Mr. Willard Franke, the applicant, spoke on behalf of his request. e. Chairman Haugan called for opponents None were heard. f. Chairman Haugan called for formal objections. None were heard. OR g. Chairman Haugan closed the public hearing. h. Councilman Wiegert moved to deny the set back variance request of Mr. Willard Franke based on the reasons given in the staff report and the Planning Commission report. Seconded by Councilman Greavu. D. Approval of Minutes Ayes - Mayor Axdahl, Councilmen Greavu, Haugan, Wiegert. Nay - Councilwoman Olson Councilman Wiegert moved approval of Minutes No. 72 - 1 (February 3, 1972) as submitted. Seconded by Councilman Greavu. Ayes - all. City Clerk