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